Canadian Bills Archives

April 24, 2024April 25, 2024

B.C. Bill 12 (Online Harms) Deferred: Another Case Of Problem, Reaction, Solution

The C.B.C. recently reported that British Columbia Bill 12 (the Online Harms Act) is being paused for now. This is titled the Public Health Accountability and Cost Recovery Act. The stated reason is that social media companies like Facebook and X/Twitter have come to the table to implement their own protections.

But B.C. Premier David Eby made it clear that this may go ahead anyway, if an agreement cannot be worked out.

Other recent B.C. specific legislation includes:
Bill 23, the (Anti-White) Anti-Racism Act, and
Bill 31, domestic implementation of U.N. Sendai Framework

The stated purpose is to hold companies — such as social media outlets — accountable for medical and health care costs that arise from content they put out. An example cited is Carson Cleland, the 12 year old from Prince George, who committed suicide last October after online sextortion. It’s claimed that if platformed were properly regulated, this wouldn’t have happened.

However, it appears more likely that this is a pretext to be able to swiftly remove content the Government deems “harmful”, for whatever reason. And this is being achieved in the standard way.

Problem
Reaction
Solution

The PROBLEM is that Bill 12 is crafted in such a way as to impose financially crippling penalties. No Government wants to be seen as being overtly anti-free speech. So this must be framed in a manner that appeals to public safety.

The REACTION is that companies get nervous about the fines and other costs they could be on the hook for, even if they weren’t complicit in generating the material.

The SOLUTION is that social media firms agree to “voluntarily” implement their own measures, which means complying with what the Government wanted anyway.

Now, what’s in this Bill?

Direct action by government
2 (1) The government has a direct and distinct action against a person to recover the cost of health care benefits caused or contributed to by a health-related wrong.
.
(2) For certainty,
(a) subsection (1) does not establish a right of action for any other person, and
(b) the cost of health care benefits recoverable under subsection (1) includes the cost of health care benefits in relation to the risk of disease, injury or illness.

Direct action by the government of Canada
3 (1) The government of Canada has a direct and distinct action against a person to recover the cost of health care benefits caused or contributed to by a health-related wrong.
.
(2) For certainty,
(a) subsection (1) does not establish a right of action for any other person, and
(b) the cost of health care benefits recoverable under subsection (1) includes the cost of health care benefits in relation to the risk of disease, injury or illness.

Sections 2 and 3 of the Bill specify that the B.C. (and oddly, Canadian) Governments are able to take legal action against people for health care costs in relation to “disease, injury or illness”.

Interestingly, both Sections 2 and 3 specify that the right of action — or ability to sue — is for Governments only. Private people apparently don’t have that right. Then there’s 2(6) and 3(6)

(6) If the government [of Canada seeks] in an action under subsection (1) to recover the cost of health care benefits on an aggregate basis,

(a) it is not necessary
(i) to identify particular individual benefit recipients,
(ii) to prove the cause of disease, injury or illness in any particular individual benefit recipient, or
(iii) to prove the cost of health care benefits for any particular individual benefit recipient

What this means is that while both the B.C. and Federal Governments have the right to sue to recoup health care costs, private citizens don’t. It’s also not required that they identify: (a) beneficiaries; (b) causation; or (c) analysis of health care benefits.

Apparently, companies aren’t limited to being sued once, either.

Private parties and proceedings
6 (1) It is not a defence to an action commenced by the government under section 2 (1), or by the government of Canada under section 3 (1), that a claim for a benefit recipient’s damages, alleged to have been caused or contributed to by a health-related wrong, has been adjudicated or settled.

6 (2) It is not a defence to an action commenced in respect of a benefit recipient’s claim for damages, alleged to have been caused or contributed to by a health-related wrong, that an action commenced by the government under section 2 (1), or by the government of Canada under section 3 (1), has been adjudicated or settled.

It’s a commonly accepted principle that once a dispute is resolved, that it not be rehashed in a different forum. This applies to things like union grievances and human rights complaints. But here, it’s explicitly stated that “adjudicated or settled” won’t protect from future litigation.

Section 8 gets into what evidence will be allowed. This will include “statistical information and information derived from epidemiological, sociological and other relevant studies, including information derived from sampling”. In other words, modelling will be allowed as evidence. Remember how that was used back in 2020/2021?

Section 10 states that the Statute of Limitations both for the B.C. and Federal Governments will be 15 years. This goes well above the 2 year limit that typically applies.

In any event, it’s not hard to see what social media companies are nervous about Bill 12 going ahead. It exposes them to all kinds of risks, but without really defining their responsibilities. It’s no surprise that they’re now willing to work something out to prevent this legislation from going ahead.

Another area the CBC article omitted was any explanation of who was responsible for social media companies capitulating. For that, we turn to the B.C. Lobbying Registry.

Jean-Marc Prevost is one of the people lobbying on behalf of Facebook. He’s a former staffer for BCPHO Bonnie Henry, and helped her push the injections back in 2021. To give context, he was a part of this same NDP Government, leaves, and then promptly lobbies that same Government. See Archive.

And the conflict of interest doesn’t end there. Prevost lobbied for the company Emergent BioSolutions Inc., a few years back. This is the actual manufacturer of the AstraZeneca vaccines. He had the ear of the right people at the time.

Bradley Lavigne works at Counsel Public Affairs, same as Prevost. In March, he also lobbied on behalf of Facebook. And similar to Prevost. Lavigne pushed for vaccines on behalf of Emergent BioSolutions back in 2021. He has been a CBC commentator for about 20 years, meaning he pitches his clients’ goals directly to the public. See archive. He has also been in the inside of the Federal NDP party structure going back to the days of Jack Layton.

As should be obvious: a lot of these “commentators” and “pundits” are really just paid actors, playing the role of experts. And although these actors are supposedly from different political parties, their respective firms have people on staff across the spectrum.

For more on Emergent BioSolutions, or pharma lobbying more broadly, there are many rabbit holes to go down. These examples are hardly exhaustive.

Rachel Curran also lobbied on behalf of Meta. This is important since she spent over 3 years as part of the B.C. Government, and more than 6 more working for Harper Federally. See archive. Additionally, she lists herself as a CBC commentator from 2016 to 2020. This isn’t simply a left or right issue, but one where all parties do much the same things.

Francis LeBlanc – Chair, Former Executive Director, Canadian Association of Former Parliamentarians
Chris Wilkins – Past Chair, CEO, Edge Interactive
Robert Asselin, Senior Director, Public Policy, Blackberry
Megan Beretta, Policy Analyst, Canadian Digital Service
Rachel Curran, Public Policy Manager, Canada, Facebook
Peter Donolo, Vice-Chairman, Hill+Knowlton Strategies Canada
Dr. Elizabeth Dubois, Assistant Professor of Communication, University of Ottawa
Kathleen Monk, Principal, Earnscliffe Strategies

Curren is also involved in CIVIX, which is an online “disinformation prevention” group funded by taxpayers. In fact, there are several such organizations in Canada. Some are registered as charities, receiving large tax benefits.

The name Peter Donolo should also ring a bell. He was Jean Chretien’s Chieff of Staff in the 1990s, and helped get him elected. He also worked with Michael Ignatieff and Justin Trudeau.

It’s interesting that groups that are supposed to stop disinformation also are filled with operatives from the same Governments who are impacted.

The B.C. Government was lobbied on behalf of X (formerly Twitter) with regards to Bill 12. Fernando Minna works for Capital Hill Group, and has for the past 3 years. See archive.

Capitol Hill Group is run by David Angus, who worked for former Prime Minister Brian Mulroney, and former Ontario Premier Bill Davis.

Sabrina Geremia of Google lobbied the B.C. Government as well. While she doesn’t list political involvement in her profile, at least 3 colleagues do: Lindsay Doyle, Jeanette Patell, and Semhar Tekeste.

Erin O’Toole, former CPC Leader, gets an honourable mention. Before getting into politics, he lobbied on behalf of Facebook. He worked for Heenan Blaikie, same law firm as Jean Chretien and Pierre Trudeau.

Why cover all of this?

Bill 12 seems designed to force social media companies into compliance or face crippling financial penalties. Virtually anything can “cause public health harm”, depending on how it’s worded. This legislation is written in such a way that either Victoria or Ottawa can inflict damage. But these groups are very willing to negotiate, and the lobbyists have connections to those same Governments.

If the goal all along was to compel these outlets into being willing to censor, it’s more effective to get them to do it themselves. And remember, it’s all voluntary here. Technically, no one has been forced.

Problem. Reaction. Solution.

(1) https://www.cbc.ca/news/canada/british-columbia/bc-online-harms-bill-paused-1.7182392
(2) https://www.leg.bc.ca/
(3) https://www.leg.bc.ca/parliamentary-business/legislation-debates-proceedings/42nd-parliament/5th-session/bills/progress-of-bills
(4) https://www.lobbyistsregistrar.bc.ca/
(5) https://www.lobbyistsregistrar.bc.ca/app/secure/orl/lrs/do/vwRg?cno=5501&regId=56572920
(6) https://www.lobbyistsregistrar.bc.ca/app/secure/orl/lrs/do/vwRg?cno=4186&regId=56566730
(7) https://www.linkedin.com/in/jean-marc-prevost-04830598/
(8) Jean-Marc Prevost LinkedIn Profile
(9) https://www.lobbyistsregistrar.bc.ca/app/secure/orl/lrs/do/cmmLgPblcVw?comlogId=34073
(10) https://www.lobbyistsregistrar.bc.ca/app/secure/orl/lrs/do/vwRg?cno=1334&regId=56559236&blnk=1
(11) https://www.linkedin.com/in/brad-lavigne-a0927a39/
(12) Brad Lavigne LinkedIn Profile
(13) https://www.lobbyistsregistrar.bc.ca/app/secure/orl/lrs/do/cmmLgPblcVw?comlogId=34055
(14) https://www.linkedin.com/in/rachel-curran-a99258109/details/experience/
(15) Rachel Curran LinkedIn Profile
(16) https://www.lobbyistsregistrar.bc.ca/app/secure/orl/lrs/do/vwRg?cno=5460&regId=56572569&blnk=1
(17) https://www.linkedin.com/in/fernandominna/
(18) Fernando Minna LinkedIn Profile
(19) https://www.lobbyistsregistrar.bc.ca/app/secure/orl/lrs/do/vwRg?cno=3536&regId=56568880
(20) https://www.linkedin.com/in/sabrina-geremia-028644/
(21) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=16607&regId=948142
(22) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=288445&regId=668908

April 21, 2024April 21, 2024

Private Member’s Bill C-373: (Again) Removing Religious Protections For Antisemitic Expression

On February 5th, 2024, Alexis Brunelle-Duceppe, Member of Parliament for the Bloc Québécois in Lac-Saint-Jean, introduced Private Member’s Bill C-373. The goal is to remove religious exemptions for the hate crime of antisemitism.

If this sounds familiar, it should. It’s identical to Bill C-367, which was introduced by Yves-François Blanchet, the leader of the Bloc Québécois on November 28th, 2023.

Both Bills C-367 and C-373 would repeal Sections 319(3)‍(b) and 319(3.‍1)‍(b) of the Criminal Code. These would provide defences in Court if the expression were based on religious beliefs. Interestingly, neither Bill lists what faith(s) this would apply to, although Christianity is an obvious suspect.

Defences
.
(3) No person shall be convicted of an offence under subsection (2)
(a) if he establishes that the statements communicated were true;
(b) if, in good faith, the person expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text;
(c) if the statements were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds he believed them to be true; or
(d) if, in good faith, he intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward an identifiable group in Canada.

Defences — subsection (2.1)
.
(3.1) No person shall be convicted of an offence under subsection (2.1)
(a) if they establish that the statements communicated were true;
(b) if, in good faith, they expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text;
(c) if the statements were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds they believed them to be true; or
(d) if, in good faith, they intended to point out, for the purpose of removal, matters producing or tending to produce feelings of antisemitism toward Jews.

Some clarity would be nice. These Bills (C-367 and C-373) didn’t just happen. There are obviously some written texts which are apparently offensive.

Brunel-Duceppe is also involved in foreign affairs. He and Blanchet are both part of CAIL, the Canada-Israel Interparliamentary Group.

(CAAF) Canada-Africa Parliamentary Association
(CACN Canada-China Legislative Association
(CADE) Canada-Germany Interparliamentary Group
(CAEU) Canada-Europe Parliamentary Association
(CAFR) Canada-France Inter-Parliamentary Association
(CAIE) Canada-Ireland Interparliamentary Group
(CAIL) Canada-Israel Interparliamentary Group
(CAIT) Canada-Italy Interparliamentary Group
(CAJP) Canada-Japan Inter-Parliamentary Group
(CANA) Canadian NATO Parliamentary Association
(CAPF) Canadian Branch of the Assemblée parlementaire de la Francophonie
(CCOM)Canadian Branch of the Commonwealth Parliamentary Association
(CEUS) Canada-United States Inter-Parliamentary Group
(CPAM) Canadian Section of ParlAmericas
(RUUK) Canada-United Kingdom Inter-Parliamentary Association
(SECOC) anadian Delegation to the Organization for Security and Co-operation in Europe Parliamentary Assembly
(UIPU) Canadian Group of the Inter-Parliamentary Union

Here’s where the story take a turn, as it usually does. Brunelle-Duceppe didn’t come up with this on his own. It looks as if he has been meeting with CIJA, the Centre for Israel and Jewish Affairs.

Brunelle-Duceppe appears to have been contacted by the Israeli Lobby about this. There’s a meeting which took place on January 19th, 2024. Just 2 weeks later, he’s introducing this Bill. That seems unlikely to be a coincidence.

CIJA is very involved in Canadian politics, and has regularly lobbied politicians for decades. A large part of their agenda focuses on amending the Criminal Code and Human Rights Codes to combat what they call hate speech and antisemitism.

Bills C-367 and C-373 are hardly the only ones introduced in recent times to limit Canadians’ expression and speech. Here are some others.

Bill C-63 (the Online Harms Act) was recently introduced. This would impose strict criminal penalties for people suspected — not even charged or convicted — of causing harms. Like so many pieces of legislation, it’s both vague, and has real consequences.

Bill C-229 sought to ban “symbols of hate”, but without defining what the criteria would be. It can be difficult to distinguish between hate, history, and simple expression.

Bill C-250 would have put Holocaust deniers in prison for up to 2 years. This came from a “Conservative” MP named Kevin Waugh. The Bill is moot at this point, since the equivalent provisions were slipped into Bill C-19, a budget that passed.

Bill C-261 would create “red flag laws” for hate speech, but without defining what it is. Without a person even being charged or convicted, a Judge could order them to be subjected to the kinds of restrictions that felons on probation or parole would face. This is virtually identical to Bill C-36, which was introduced, but didn’t pass in the previous session.

Who can forget Iqra Khalid’s M-103 (Islamophobia Motion), or Bills C-6 and later C-4 (to criminalize anything that would be considered conversion therapy?

British Columbia Bill 23 gets an honourable mention. This would establish a Provincial Committee to establish and advance an “anti-racism” agenda, and embed it in everything. Whites are specifically excluded from being on having any leadership role.

Not only do these Bills erode freedom, and particularly freedom of speech, the details are always worked out behind closed doors. It’s typically an NGO, often a foreign one, who has elected officials try to implement them. This shouldn’t be allowed, regardless of who’s behind it.

But you won’t hear either the mainstream or alternative media talk about this.

One other point of interest is this: Blanchet’s Bill C-367 was introduced at the end of November, 2023. Brunelle-Duceppe’s Bill C-373 was in early February, 2024. This was just a few months later. Why was this introduced twice?

(1) https://www.parl.ca/legisinfo/en/overview
(2) https://www.parl.ca/legisinfo/en/bill/44-1/c-373
(3) https://www.ourcommons.ca/Members/en/alexis-brunelle-duceppe(104786)
(4) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-373/first-reading
(5) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/cmmLgPblcVw?comlogId=592585

Private Member Bills In Current Session:
(A) Bill C-206: Decriminalizing Self Maiming To Avoid Military Service
(B) Bill C-207: Creating The “Right” To Affordable Housing
(C) Bill C-219: Creating Environmental Bill Of Rights
(D) Bill C-226: Creating A Strategy For Environmental Racism/Justice
(E) Bill C-229: Banning Symbols Of Hate, Without Defining Them
(F) Bill C-235: Building Of A Green Economy In The Prairies
(G) Bill C-245: Entrenching Climate Change Into Canada Infrastructure Bank
(H) Bill C-250: Imposing Prison Time For Holocaust Denial
(I) Bill C-261: Red Flag Laws For “Hate Speech”
(J) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(K) Bill C-312: Development Of National Renewable Energy Strategy
(L) Bill C-315: Amending CPPIB Act Over “Human, Labour, Environmental Rights”
(M) Bill C-367: Removing Religious Exemptions Protecting Against Antisemitism
(N) Bill S-215: Protecting Financial Stability Of Post-Secondary Institutions
(O) Bill S-243: Climate Related Finance Act, Banking Acts
(P) Bill S-248: Removing Final Consent For Euthanasia
(Q) Bill S-257: Protecting Political Belief Or Activity As Human Rights

April 20, 2024April 20, 2024

B.C. Bill 23: Whites Prohibited From Serving On “Anti-Racism” Committee

A few days ago, Bill 23 was introduced in the British Columbia Legislature. This is the so-called “Anti-Racism Act”, and it’s every bit as bad as can be expected.

It was introduced by Josie Osborne, who is the Minister of Energy, Mines and Low Carbon Innovation. It’s unclear why she would be doing this, as it appears to have nothing to do with her portfolio.

What are the goals of this Act?

2 This Act must be administered and interpreted in accordance with the following principles:
.
(a) systemic racism, systemic racism specific to Indigenous peoples and racial inequity are harming individuals and communities in British Columbia and require urgent action;
.
(b) actions to identify and eliminate systemic racism and systemic racism specific to Indigenous peoples, and advance racial equity, in programs, services, policies and laws should be informed by data;
.
(c) in taking action to identify and eliminate systemic racism and advance racial equity, consideration must be given to the ways in which an individual’s intersecting identities, including, without limitation, gender identity or expression, sexual orientation, sex or religion, or an individual’s physical or mental disability, result in unique experiences of, or an increased risk of experiencing, systemic racism and racial inequity;
.
(d) consultation and cooperation with Indigenous peoples, acknowledging the rights, interests, priorities and concerns that are specific to First Nations peoples, Métis peoples and Inuit peoples, based on distinctions among them, is essential to the identification and elimination of systemic racism specific to Indigenous peoples and the advancement of racial equity and the implementation of this Act;
.
(e) engagement with racialized communities in British Columbia is essential to the identification and elimination of systemic racism and the advancement of racial equity and the implementation of this Act;
.
(f) investment in programs and services is needed to support healing for individuals and communities harmed by systemic racism, systemic racism specific to Indigenous peoples and racial inequity.

Even though “racial equity” is listed throughout the Bill’s principles, it isn’t actually defined. Best guess, it’s a push for some sort of affirmative action or quota system.

This sort of practice has long existed in employment and post secondary education. In theory, it could easily extend to other areas.

Section 5 of the Bill gets into the makeup of the Committee that will be reporting back to the Legislature. And it immediately becomes clear who isn’t welcome here.

Provincial Committee on Anti-Racism
5 (1) The minister must establish a Provincial Committee on Anti-Racism.
(2) The minister must appoint at least 7 and not more than 11 members to the committee.

(3) All members must be individuals who
(a) are racialized, and
(b) have expertise in working to eliminate systemic racism and advance racial equity.

(4) The committee must include the following as members:
(a) at least 2 individuals who represent organizations that support racialized individuals or communities;
(b) at least 2 individuals who have expertise in systems thinking theory and practice;
(c) at least 2 individuals who have expertise in the development and delivery of anti-racism training curricula.

Clause 5(3)(a) is very telling. In a Bill that claims to be fighting racism, the official policy is “whites need not apply”. Have to say, that sounds rather…. racist.

Clause 5(4)(b) is another one to wonder about. What are the “systems” that need to be implemented or changed? Will we be heading towards South Africa style apartheid?

It’s hard to tell at this point whether this will largely just result in slush funds being handed out to certain groups, or if it will be much worse.

Like many (or most) pieces of legislation in Canada, the B.C. Anti-Racism Act is backdoored with “regulations”. In practice, it means that major changes can be made without having to go back to the Legislature.

Regulations
31 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 [powers to make regulations] of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) respecting accessible formats for documents published under this Act;
(b) respecting anti-racism assessments and the anti-racism assessment framework developed under section 9 (1) (a) [duties of government] or 15 (1) (a) [duties of committee], including, without limitation, respecting
(i) the form and content of anti-racism assessments, and
(ii) the frequency with which anti-racism assessments must be carried out;
(c) respecting anti-racism training curricula and anti-racism training and the standards, targets and indicators set by the government under section 9 (1) (b) and (c) or by the committee under section 15 (1) (b) and (c);
(d) for the purposes of section 11 (4) (b) [actions against Indigenous-specific systemic racism], establishing requirements in relation to the receipt and use of information referred to in section 11 (3) (e);
(e) for the purposes of section 17 (4) (b) [actions against systemic racism], establishing requirements in relation to the receipt and use of information referred to in section 17 (3) (f);
(f) respecting grants under section 29 [minister may provide grant], including, without limitation,
(i) restricting the purposes, amounts or recipients of those grants, and
(ii) respecting the terms and conditions on which the grants may or must be given.

(3) A regulation under this Act may do one or more of the following:
(a) delegate a matter to a person;
(b) confer a discretion on a person;
(c) establish or define groups or categories of public bodies, persons, things, circumstances or other matters;
(d) make different regulations in relation to different public bodies, persons, things, circumstances or other matters, or for different groups or categories of public bodies, persons, things, circumstances or other matters.

Not only are the terms vague and undefined, but the details will be worked out in secret. Assuming this Bill is passed, then only afterwards will it all come out.

The obvious questions include: What sort of regulations will be coming in the near future? Who will be deciding what regulatory changes happen? Will there be any mechanism to challenge such measures? What kind of “discretion” will be handed out to other people or groups?

Affiliation of Multicultural Societies and Service Agencies of BC
The Immigrant Services Society of BC

In the B.C. Lobbying Registry, a few names get flagged when searching anti-racism. Unsurprisingly, both groups receive large amounts of money from taxpayers.

Considering the NDP has a majority in the Province, the legislation will likely pass. Then again, it’s not like the Liberals are much of an opposition party anyway.

(1) https://bcndpcaucus.ca/mla/josie-osborne/
(2) https://www.leg.bc.ca/
(3) https://www.leg.bc.ca/parliamentary-business/legislation-debates-proceedings/42nd-parliament/5th-session/bills
(4) https://www.leg.bc.ca/parliamentary-business/legislation-debates-proceedings/42nd-parliament/5th-session/bills/progress-of-bills
(5) https://www.lobbyistsregistrar.bc.ca/
(6) https://www.lobbyistsregistrar.bc.ca/app/secure/orl/lrs/do/vwRg?cno=3739&regId=56571325
(7) https://www.lobbyistsregistrar.bc.ca/app/secure/orl/lrs/do/vwRg?cno=4629&regId=56572243

February 27, 2024March 27, 2024

Bill C-63 (Online Harms Act): Who’s Really Pushing This Agenda?

Bill C-63, the Online Harms Act, has been introduced in Parliament by Arif Virani, the Justice Minister. First Reading happened on February 26th, 2024. There’s a lot of it to go through

To begin with, there are actually some worthwhile provisions in the Bill, such as the mandatory reporting of child pornography. No sensible reason would reject that. And there are instances where being able to quickly remove certain content would be in the best interests of society.

Ottawa gives its own summary of the Bill.

However, Bill C-63 seems to blend together straightforward and legitimate issues with ones that are much more vague and impractical. Consequently, it’s harder to simply accept or reject.

There’s also the question of who has been influencing the drafting of this content. That will be addressed a bit later.

The Bill would create a Digital Safety Office of Canada, and an Ombudsman to oversee it. In essence, it would add a new layer of bureaucracy to specifically monitor “digital safety”.

Content that foments hatred is “defined” in this Bill, but is still vague. Additionally, it seeks to be able to attribute specific motivations to expression. What may be valid discourse to some will be considered hate speech to others.

There is a disclaimer that this wouldn’t apply to content solely because it expresses “disdain or dislike or it discredits, humiliates, hurts or offends”. Sounds great, but that also is subjective as well, depending on the views of whoever is interpreting it.

Harmful content in fact lists 7 different categories, and all of them at least somewhat open to interpretation. What can easily happen is that these new laws will be selectively applied, depending on the politics of the people involved.

The Bill would create a new section of the Criminal Code. This is one which a person could lay an information on another, and with the Attorney General’s consent, it could be brought before a Judge. If ordered by that Judge a person may be forced to enter into a recognizance, if a Judge is convinced that hate crime may be committed.

Fear of hate propaganda offence or hate crime
.
810.‍012 (1) A person may, with the Attorney General’s consent, lay an information before a provincial court judge if the person fears on reasonable grounds that another person will commit
(a) an offence under section 318 or any of subsections 319(1) to (2.‍1); or
(b) an offence under section 320.‍1001.

A person could be forced into this recognizance for up to 2 years, or would face 12 months in prison if they refuse. This is similar to being out on bail or on a peace bond, but with no actual crime committed.

Terms of the “recognizance” could include:

(a) Wearing an electronic monitoring device
(b) Return to and remain at their place of residence at specified times, a.k.a. a curfew
(c) Abstaining from drugs and alcohol
(d) Submitting to drug and alcohol testing
(e) No contact orders
(f) Weapons prohibitions

The topper on this one is that a Judge isn’t required to give reasons for this, but is supposed to say why written reasons aren’t included. Again, this is for when some is suspected that they may commit a crime. No actual charges are necessary.

Other changes to the Criminal Code involve Section 318 and 319, which raise the potential imprisonment for incitement to hatred from 2 years to 5 years.

Advocating genocide will also expose a person to a potential life sentence.

The Canadian Human Rights Act would also be amended to include “communication of hate speech”, which is defined as: to communicate or cause to be communicated hate speech by means of the Internet or any other means of telecommunication in a context in which the hate speech is likely to foment detestation or vilification of an individual or group of individuals on the basis of a prohibited ground of discrimination.

But it also is poorly defined, which will likely lead to it being applied in an uneven manner, depending on the politics of those involved.

Section 140 of the Online Harms Act is the “Regulations” part. This is where unnamed and unelected bureaucrats are able to change or interpret provisions of the legislation without any real oversight. Nearly all Acts have such a backdoor, which allows changes to be done behind the scenes.

There is more to Bill C-63, but those are some of the major points.

Now, where did this come from?

Lobbying is a reality in politics. Special interests groups lobby money to get certain agendas pushed, and to get money for their causes. This is hardly news. Searching the Federal Lobbyist Registry, the following names come up:

Centre for Israel and Jewish Affairs (CIJA)
National Council of Canadian Muslims (NCCM)
Women’s Legal Education & Action Fund (LEAF)
YWCA Canada
Friends of Canadian Broadcasting

Are there others involved in this? Probably, but these are the names that come up, which appear to be relevant to regulating speech and expression.

The Centre for Israel and Jewish Affairs, CIJA, has been prolific in lobbying Ottawa for changes to the Human Rights Act, and to the Criminal Code. This group has pushed for stricter definitions around so-called hate crimes and antisemitism. Their recent efforts include making Holocaust denial punishable by prison time, and removing religious protections. See here and here.

The National Council of Canadian Muslims, NCCM, specifically lists Section 13 of the Canadian Rights Act. They want laws against Islamophobia, and condemn “white supremacy”. Other efforts include anti-racism initiatives, such as Diversity, Equity and Inclusion.

Women’s Legal Education & Action Fund, LEAF, had pressured Ottawa to take action against online harassment and gendered violence. The recent lobbying specifically relates to new technologies used to do this.

YWCA Canada supports regulations against online hate, which is taken from a feminist and “gendered violence” perspective.

Friends of Canadian Broadcasting is a bit of an outlier. It wants more financial support for smaller, independent media, while opposing the funding of the CBC. It also pushes for regulations around online hate. Presumably, this would lead to many (much smaller) anti-racist outlets.

And to search online hate more generally, click on this link.

While it’s always important to read upcoming legislation, this piece often gets left out. The groups pushing for changes need to be considered as well. This is especially true if our interests don’t align.

November 14, 2023November 15, 2023

2 Sides Of The Same Coin: Sendai Framework And International Health Regulations

This topic isn’t revolutionary. However, it’s interesting how different pieces of legislation (supposedly brought for completely different areas of life) can serve much the same purpose. Laws that seemingly have no connection to each other can end up having very similar results.

Let’s look at a few of them.

For emergency and disaster management:
-U.N. Sustainable Development Agenda (Agenda 21) signed in 1992
–Yokohama Strategy for a Safer World signed in 1994
–Hyogo Framework for Action signed, goes from 2005 to 2015
-U.N. Sustainable Development Agenda (Agenda 2030) signed in 2015
–Sendai Framework signed, goes from 2015 to 2030.

For public health management:
–W.H.O. Constitution signed in 1946
-W.H.O. International Sanitary Regulations signed in 1951
-W.H.O. International Health Regulations (First Edition) signed in 1969
-W.H.O. International Health Regulations (Second Edition) signed in 1995
–W.H.O. International Health Regulations (Third Edition) signed in 2005

Now, what can these things have in common? Quite simply, they are pretexts for removing rights and property from people, under the cloak of being an emergency. True, the nature of it will vary, but the results are the same.

1. Parallels Between Sendai Framework And WHO-IHR

While not identical, there are many connections and similarities between enacting emergency management laws, and the public health laws. Using B.C. as an example:

(a) Bill 31 was derived from the Sendai Framework, which itself is part of the United Nations Sustainable Development Agenda. There are many aspects to this ideology

(b) The Provincial Public Health Acts are the result of the 2005 Quarantine Act, which itself is derived from the 3rd Edition of the WHO’s International Health Regulations. Also, the WHO’s Constitution is well worth a read, as it dates back to the 1940s.

While laws are being enacted that greatly impact the lives of Canadians, the reality is that these — and many laws — are derived from international agreements that the public has no say in.

(a) Bill 31 is framed as “disaster reduction measures”, which presumably means natural disasters. As for speculation about “climate lockdowns”, this type of legislation is laying the ground work.

(b) Provincial Health Acts are framed as “preventing communicable diseases”, and we saw plenty of that in the last few years.

And reading through both, it’s clear that both are intended — among other things — to strip away large parts of individual rights, including property rights. These things are presented as necessary for the greater good.

Additionally, both sets of laws allows near dictatorial powers when it comes to issuing orders. A Cabinet Minister could do it for the Emergency & Disaster Management Act. A Minister, or Public Health Officer, can give orders concerning regulations within the Public Health Act

2. B.C. Bill 31, Emergency & Disaster Management Act

This is still going through the Legislature, but parts of it are certainly worth looking at. They’re ripe for abuse in the wrong hands.

Essential matters
75 (1) The minister may, by order, do one or more of the following:
(a) identify supplies, equipment or other items, services, property or facilities, or a class of any of these, as essential;
(b) for things identified under paragraph (a) as essential,
(i) establish or restrain increases in prices or rents for them,
(ii) ration or otherwise provide for their distribution or use,
(iii) provide for their restoration, and
(iv) prohibit or limit seizures of them or evictions from them;
(c) authorize a person to provide a service or give assistance of a type that the person is qualified to provide or give;
(d) require a person to provide a service or give assistance of a type that the person is qualified to provide or give;
(e) provide for, maintain and coordinate the provision and maintenance of necessities.
(2) Subsection (1) (b) (i) and (iv) applies despite any enactment governing tenancies or the recovery of property.
(3) Subsection (1) (c) and (d) applies despite any contract, including a collective agreement.

Land and other property
76 (1) The minister may, by order, do one or more of the following:
(a) appropriate, use or control the use of any personal property;
(b) use or control the use of any land;
(c) authorize the entry without warrant into any structure or onto any land by any person for the purpose of taking emergency measures;
(d) prohibit the entry into any structure or onto any land by any person;
(e) authorize or require the alteration, removal or demolition of any trees, crops, structures or landscapes;
(f) authorize or require the construction, alteration, removal or demolition of works;
(g) require the owner of a structure to
(i) have any damage to the structure assessed, and
(ii) give the results of the assessment to the minister or a person in a class of persons specified by the minister.
(2) The power under subsection (1) (b) to use or control the use of land does not apply to specified land.

General restrictions
78 (1) The minister may, by order, control or prohibit one or more of the following:
(a) travel to or from any area;
(b) the carrying on of a business or a type of business;
(c) an event or a type of event.
(2) The minister may, by order, do one or more of the following:
(a) require a person to stop doing an activity, including an activity that a person is licensed, permitted or otherwise authorized to do under an enactment;
(b) put limits or conditions on doing an activity, including limits or conditions that have the effect of modifying a licence, permit or other authorization issued under an enactment.

Clearly, the Bill is much longer than this. But what do these sections include?

Establish price controls of “essential goods”
Establish rationing of “essential goods”
Require (force) people to provide certain services
Appropriate or control someone’s private land
Allow warrantless searches
Prohibit people from entering their property
Prevent travel
Prohibit certain types of businesses
Prohibit or restrict activities

Sound familiar? It should. These things were implemented throughout British Columbia through 2020 to 2022, but under the pretense of “disease prevention”. All that’s missing are the injection passports and the mask mandates.

3. B.C. Public Health Act (2009), Derivative Of WHO-IHR

People will no doubt remember the years of endless (and seemingly arbitrary) dictates from BCPHO Bonnie Henry, and Health Minister Adrian Dix. But what allowed them to do this?

General powers respecting health hazards and contraventions
31 (1)If the circumstances described in section 30 [when orders respecting health hazards and contraventions may be made] apply, a health officer may order a person to do anything that the health officer reasonably believes is necessary for any of the following purposes:
(a) to determine whether a health hazard exists;
(b) to prevent or stop a health hazard, or mitigate the harm or prevent further harm from a health hazard;
(c) to bring the person into compliance with the Act or a regulation made under it;
(d) to bring the person into compliance with a term or condition of a licence or permit held by that person under this Act.
(2) A health officer may issue an order under subsection (1) to any of the following persons:
(a) a person whose action or omission
(i) is causing or has caused a health hazard, or
(ii) is not in compliance with the Act or a regulation made under it, or a term or condition of the person’s licence or permit;
(b) a person who has custody or control of a thing, or control of a condition, that
(i) is a health hazard or is causing or has caused a health hazard, or
(ii) is not in compliance with the Act or a regulation made under it, or a term or condition of the person’s licence or permit;
(c) the owner or occupier of a place where
(i) a health hazard is located, or
(ii) an activity is occurring that is not in compliance with the Act or a regulation made under it, or a term or condition of the licence or permit of the person doing the activity.

Specific powers respecting health hazards and contraventions
32(1) An order may be made under this section only
(a) if the circumstances described in section 30 [when orders respecting health hazards and contraventions may be made] apply, and
(b) for the purposes set out in section 31 (1) [general powers respecting health hazards and contraventions].

32(2) Without limiting section 31, a health officer may order a person to do one or more of the following:
(a) have a thing examined, disinfected, decontaminated, altered or destroyed, including
(i) by a specified person, or under the supervision or instructions of a specified person,
(ii) moving the thing to a specified place, and
(iii) taking samples of the thing, or permitting samples of the thing to be taken;
(b) in respect of a place,
(i) leave the place,
(ii) not enter the place,
(iii) do specific work, including removing or altering things found in the place, and altering or locking the place to restrict or prevent entry to the place,
(iv) neither deal with a thing in or on the place nor dispose of a thing from the place, or deal with or dispose of the thing only in accordance with a specified procedure, and
(v) if the person has control of the place, assist in evacuating the place or examining persons found in the place, or taking preventive measures in respect of the place or persons found in the place;
(c) stop operating, or not operate, a thing;
(d) keep a thing in a specified place or in accordance with a specified procedure;
(e) prevent persons from accessing a thing;
(f) not dispose of, alter or destroy a thing, or dispose of, alter or destroy a thing only in accordance with a specified procedure;
(g) provide to the health officer or a specified person information, records, samples or other matters relevant to a thing’s possible infection with an infectious agent or contamination with a hazardous agent, including information respecting persons who may have been exposed to an infectious agent or hazardous agent by the thing;
(h) wear a type of clothing or personal protective equipment, or change, remove or alter clothing or personal protective equipment, to protect the health and safety of persons;
(i) use a type of equipment or implement a process, or remove equipment or alter equipment or processes, to protect the health and safety of persons;
(j) provide evidence of complying with the order, including
(i) getting a certificate of compliance from a medical practitioner, nurse practitioner or specified person, and
(ii) providing to a health officer any relevant record;
(k) take a prescribed action.
(3) If a health officer orders a thing to be destroyed, the health officer must give the person having custody or control of the thing reasonable time to request reconsideration and review of the order under sections 43 and 44 unless
(a) the person consents in writing to the destruction of the thing, or
(b) Part 5 [Emergency Powers] applies.

While not identical, the B.C. Public Health Act provides many of the same restrictions that Bill 31 would (if enacted). Primarily, property and personal rights can be suspended in an open ended manner, under the excuse of an emergency.

It’s also worth mentioning the the “Public Officials” involved in issuing orders are exempt from legal liability, and cannot be sued. It’s written right into the legislation.

SENDAI FRAMEWORK, B.C. BILL 31
(1) https://www.leg.bc.ca/parliamentary-business/legislation-debates-proceedings/42nd-parliament/4th-session/bills/bills-with-hansard-debate
(2) https://www.leg.bc.ca/documents-data/debate-transcripts/42nd-parliament/4th-session/20231003am-Hansard-n331#bill31-1R
(3) https://www.preventionweb.net/publication/sendai-framework-disaster-risk-reduction-2015-2030
(4) https://www.preventionweb.net/files/43291_sendaiframeworkfordrren.pdf
(5) https://www.preventionweb.net/files/44983_sendaiframeworkchart.pdf
(6) Sendai Framework 2015 Full Text English
(7) https://en.wikipedia.org/wiki/World_Conference_on_Disaster_Risk_Reduction
(8) https://www.unisdr.org/files/8241_doc6841contenido1.pdf
(9) https://www.unisdr.org/2005/wcdr/intergover/official-doc/L-docs/Hyogo-framework-for-action-english.pdf

November 2, 2023November 2, 2023

U.N. Sendai Framework Introduced Domestically Via B.C. Bill 31 (Emergency & Disaster Management Act)

A few weeks ago, British Columbia Bill 31, the Emergency and Disaster Management Act, made ripples because of the embedded language which seemed to be a threat to property rights. Under the pretense of emergencies, rights could be suspended in a manner that heavily paralleled the Public Health Act.

However, it’s noteworthy that the B.C. Government isn’t actually responsible for this legislation. It’s domestic implementation of the United Nations Sendai Framework, signed in Japan in 2015.

Introduction and
First Reading of Bills
.
BILL 31 — EMERGENCY AND DISASTER MANAGEMENT ACT
.
Hon. B. Ma presented a message from Her Honour the Lieutenant-Governor: a bill intituled Emergency and Disaster Management Act.
.
Hon. B. Ma: I move that Bill 31 be introduced and read a first time now.
.
Mr. Speaker, I’m pleased to introduce the Emergency and Disaster Management Act. This bill delivers on government’s pledge to introduce modernized emergency management legislation that aligns with the United Nations Sendai framework for disaster risk reduction, the international best practices for how we make our communities safer and more resilient.
.
This legislation formally recognizes the rights of First Nations as decision-makers in emergency management, which is an important step in aligning B.C.’s approach with the declaration on the rights of Indigenous peoples.
.
The Emergency and Disaster Management Act moves towards a holistic four-phase approach of mitigation, preparation, response and recovery. It embraces disaster risk reduction and will require that climate risk be assessed so that entities can better mitigate the impacts of climate-related emergencies before they happen.
.
This bill updates the concept of what constitutes an emergency to reflect modern realities and risks and provides improved tools for response and recovery. I look forward to debate on this bill and, ultimately, to the improvements it will bring for the safety of people across British Columbia.
.
Mr. Speaker: Members, the question is the first reading of the bill.
.
Motion approved.

It’s also explicitly stated that it will be used to “mitigate the risks” of climate change, but without specifying what those risks are.

Bill 31 is quite long, but here are a few notable parts. Section 76 allows the Minister to suspend property rights under the guise of mitigating an emergency. It also allows for warrantless entry under that same pretense.

Furthermore, the Minister is able to order that property be destroyed …. including crops. By this logic, food supply would not be secure either.

Land and other property
76 (1) The minister may, by order, do one or more of the following:
(a) appropriate, use or control the use of any personal property;
(b) use or control the use of any land;
(c) authorize the entry without warrant into any structure or onto any land by any person for the purpose of taking emergency measures;
(d) prohibit the entry into any structure or onto any land by any person;
(e) authorize or require the alteration, removal or demolition of any trees, crops, structures or landscapes;
(f) authorize or require the construction, alteration, removal or demolition of works;
(g) require the owner of a structure to
(i) have any damage to the structure assessed, and
(ii) give the results of the assessment to the minister or a person in a class of persons specified by the minister.
(2) The power under subsection (1) (b) to use or control the use of land does not apply to specified land.

Section 78 would give the Government the power to restrict travel and movement, shut down businesses, and various events. This greatly parallels what happened from 2020 to 2022. The difference here is that the excuse isn’t a disease.

General restrictions
78 (1) The minister may, by order, control or prohibit one or more of the following:
(a) travel to or from any area;
(b) the carrying on of a business or a type of business;
(c) an event or a type of event.
(2) The minister may, by order, do one or more of the following:
(a) require a person to stop doing an activity, including an activity that a person is licensed, permitted or otherwise authorized to do under an enactment;
(b) put limits or conditions on doing an activity, including limits or conditions that have the effect of modifying a licence, permit or other authorization issued under an enactment.

Section 82 says that the Lieutenant Governor in Council can make retroactive orders. This would presumably legalize actions that would previously have been illegal.

Section 139 makes it clear that compliance is mandatory.

Section 140 gives provincial administrators the power to ask for police enforcement

Section 141 outlines judicial remedies to obtain injunction.

Section 154 provides protection from legal proceedings for pretty much anyone involved in implementing emergency management orders.

There is much more to this Bill, and that will be covered in a follow-up.

Now, what does this have to do with the United Nations?

Turns out, that the Sendai Framework was agreed to in 2015, and this is just B.C. implementing their version of it. This is also the third conference, with the first being Yokohama in 1994, and the second in Hyogo in 2005. The specific agency is the UNDDR, the United Nations Office for Disaster Risk Reduction.

The full text of the Sendai Framework for Disaster Risk Reduction (see archive) is available online. As should be apparent, Bill 31 heavily copies this content.

And the Emergency & Disaster Management Act heavily mirrors the Provincial Public Health Acts, which strip away property rights under the cloak of disease prevent. Those have been covered here and here.

More to come!

(1) https://www.leg.bc.ca/parliamentary-business/legislation-debates-proceedings/42nd-parliament/4th-session/bills/bills-with-hansard-debate
(2) https://www.leg.bc.ca/documents-data/debate-transcripts/42nd-parliament/4th-session/20231003am-Hansard-n331#bill31-1R
(3) https://www.preventionweb.net/publication/sendai-framework-disaster-risk-reduction-2015-2030
(4) https://www.preventionweb.net/files/43291_sendaiframeworkfordrren.pdf
(5) https://www.preventionweb.net/files/44983_sendaiframeworkchart.pdf
(6) Sendai Framework 2015 Full Text English
(7) https://en.wikipedia.org/wiki/World_Conference_on_Disaster_Risk_Reduction

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2 Sides Of The Same Coin: Sendai Framework And International Health Regulations

1. Parallels Between Sendai Framework And WHO-IHR

2. B.C. Bill 31, Emergency & Disaster Management Act

3. B.C. Public Health Act (2009), Derivative Of WHO-IHR

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U.N. Sendai Framework Introduced Domestically Via B.C. Bill 31 (Emergency & Disaster Management Act)

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1. Parallels Between Sendai Framework And WHO-IHR

2. B.C. Bill 31, Emergency & Disaster Management Act

3. B.C. Public Health Act (2009), Derivative Of WHO-IHR

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