Canada’s Bill C-71: Backdoor Gun Registry

(Bill C-71, to restore the long gun registry)


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Please sign this: PETITION E-1906 CLICK HERE

All personal court appearances are under “BLOG


One thing to point out right away: this bill is much more manageable to read than Bill C-69

CLICK HERE, for the full text of Bill C-71.

CLICK HERE, for the 1995 Firearms Act.
CLICK HERE, for Bill C-19, Ending The Long Gun Registry Act
CLICK HERE, for the 2015 Economic Action Plan Act

Here are some noteworthy changes


5(2) of Firearms Act
ORIGINAL

(c) has a history of behaviour that includes violence or threatened or attempted violence on the part of the person against any person.

REPLACEMENT
(2) Subsection 5(2) of the Act is amended by striking out “or” at the end of paragraph (b) and by replacing paragraph (c) with the following:

(c) has a history of behaviour that includes violence or threatened or attempted violence or threatening conduct on the part of the person against any person;
(d) is or was previously prohibited by an order — made in the interests of the safety and security of any person — from communicating with an identified person or from being at a specified place or within a specified distance of that place, and presently poses a threat or risk to the safety and security of any person;
(e) in respect of an offence in the commission of which violence was used, threatened or attempted against the person’s intimate partner or former intim­ate partner, was previously prohibited by a prohibition order from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition; or
(f) for any other reason, poses a risk of harm to any person.

For greater certainty

(2.‍1) For greater certainty, for the purposes of paragraph (2)‍(c), threatened violence and threatening conduct include threats or conduct communicated by the person to a person by means of the Internet or other digital network


19(1.1) and (2) of Firearms Act
ORIGINAL

Target practice or competition

(1.1) In the case of an authorization to transport issued for a reason referred to in paragraph (1)(a) within the province where the holder of the authorization resides, the specified places must include all shooting clubs and shooting ranges that are approved under section 29 and that are located in that province.
Marginal note:

Exception for prohibited firearms other than prohibited handguns
(2) Despite subsection (1), an individual must not be authorized to transport a prohibited firearm, other than a handgun referred to in subsection 12(6.1), between specified places except for the purposes referred to in paragraph (1)(b)

REPLACEMENT

4 (1) Subsections 19(1.‍1) and (2) of the Act are replaced by the following:

Target practice or competition

(1.‍1) In the case of an authorization to transport issued for a reason referred to in paragraph (1)‍(a) within the province where the holder of the authorization resides, the specified places must — except in the case of an authorization that is issued for a prohibited firearm referred to in subsection 12(9) — include all shooting clubs and shooting ranges that are approved under section 29 and that are located in that province.

Exception for prohibited firearms other than prohibited handguns

(2) Despite subsection (1), an individual must not be authorized to transport a prohibited firearm — other than a handgun referred to in subsection 12(6.‍1) or a prohibited firearm referred to in subsection 12(9) — between specified places except for the purposes referred to in paragraph (1)‍(b).


Section 23 of Firearms Act
ORIGINAL

Authorization to transfer non-restricted firearms
23 A person may transfer a non-restricted firearm if, at the time of the transfer,
(a) the transferee holds a licence authorizing the transferee to acquire and possess that kind of firearm; and
(b) the transferor has no reason to believe that the transferee is not authorized to acquire and possess that kind of firearm.
1995, c. 39, s. 23; 2003, c. 8, s. 17; 2012, c. 6, s. 11; 2015, c. 27, s. 7.
Previous Version
Marginal note:

Voluntary request to Registrar
23.1 (1) A transferor referred to in section 23 may request that the Registrar inform the transferor as to whether the transferee, at the time of the transfer, holds and is still eligible to hold the licence referred to in paragraph 23(a), and if such a request is made, the Registrar or his or her delegate, or any other person that the federal Minister may designate, shall so inform the transferor.
Marginal note:

No record of request
(2) Despite sections 12 and 13 of the Library and Archives of Canada Act and subsections 6(1) and (3) of the Privacy Act, neither the Registrar or his or her delegate nor a designated person shall retain any record of a request made under subsection (1).

REPLACEMENT

5 Sections 23 and 23.‍1 of the Act are replaced by the following:

Authorization to transfer non-restricted firearms

23 (1) A person may transfer one or more non-restricted firearms if, at the time of the transfer,
(a) the transferee holds a licence authorizing the transferee to acquire and possess a non-restricted firearm;
(b) the Registrar has, at the transferor’s request, issued a reference number for the transfer and provided it to the transferor; and
(c) the reference number is still valid.

Information — transferee’s licence

(2) The transferee shall provide to the transferor the prescribed information that relates to the transferee’s licence, for the purpose of enabling the transferor to request that the Registrar issue a reference number for the transfer.

Reference number

(3) The Registrar shall issue a reference number if he or she is satisfied that the transferee holds and is still eligible to hold a licence authorizing them to acquire and possess a non-restricted firearm.

Period of validity

(4) A reference number is valid for the prescribed period.

Registrar not satisfied

(5) If the Registrar is not satisfied as set out in subsection (3), he or she may so inform the transferor.


Ending the Long Gun Registry Act of 2012
ORIGINAL

Non-application
(3) Sections 12 and 13 of the Library and Archives of Canada Act and subsections 6(1) and (3) of the Privacy Act do not apply with respect to the destruction of the records and copies referred to in subsections (1) and (2).

(4) If section 29 of the other Act comes into force before section 17 of this Act, then that section 17 is replaced by the following:
17. Paragraph 38(1)(a) of the Act is replaced by the following:
(a) holds a licence to possess that kind of firearm and, in the case of a prohibited firearm or a restricted firearm, a registration certificate and an authorization to transport the firearm; and

(5) If section 17 of this Act comes into force before section 29 of the other Act, then, on the day on which that section 29 comes into force, paragraph 38(1)(a) of the Firearms Act is replaced by the following:
(a) holds a licence to possess that kind of firearm and, in the case of a prohibited firearm or a restricted firearm, a registration certificate and an authorization to transport the firearm; and

(6) If section 29 of the other Act comes into force on the same day as section 17 of this Act, then that section 17 is deemed to have come into force before that section 29 and subsection (5) applies as a consequence.

(7) On the first day on which both section 30 of the other Act and section 17 of this Act are in force, paragraphs 40(1)(b) and (c) of the Firearms Act are replaced by the following:
(b) the individual produces a licence authorizing him or her to possess that kind of firearm;
(c) in the case of a prohibited firearm or a restricted firearm, the individual holds an authorization to transport it and satisfies the customs officer that the individual holds a registration certificate for the firearm; and

REPLACEMENT

Ending the Long-gun Registry Act

Amendments to the Act

2015, c. 36, s. 230

23 (1) Subsection 29(3) of the Ending the Long-gun Registry Act is deemed never to have been amended by section 230 of the Economic Action Plan 2015 Act, No. 1.

2015, c. 36, s. 230

(2) Subsections 29(4) to (7) of the Ending the Long-gun Registry Act are deemed never to have come into force and are repealed.

2015, c. 36, s. 231

24 Section 30 of the Ending the Long-gun Registry Act is deemed never to have come into force and is repealed.


Biggest takeaway here is that Bill C-71 is an effort to resurrect the Long Gun Registry

While there are some virtue signals about safety, the main objective is clearly undoing the 2011-2012 legislation.

Canada’s Bill C-69: Impact Assessment, Energy Regulation, Navigation Protection Acts

(Canada’s Bill C-69)

(Apparently, science is “Colonial”, in S. Africa anyway)

(Science is so racist, apparently)

(One of the few times “White” science is good)


(1) The full text for UN Global Migration Compact is HERE.
(2) The full text for Canada/US Safe 3rd Country is HERE, and see HERE.
(3) The proposed UN Parliament/World Government is HERE.
(4) The full text of the Paris Accord is HERE.
(5) The Multiculturalism Act is HERE.
(6) The Canadian Citizenship Act (birth tourism) is HERE.
(7) Bill C-6 (citizenship for terrorists) is HERE.
(8) M-103 (Iqra Khalid’s Blasphemy Motion) is HERE.
(9) Fed’s $595M bribery of journalists is outlined HERE.
(10) Agenda 21 (signed in June 1992) is HERE
(11) Agenda 2030 (signed in September 2015) is HERE.
Items in the above list are addressed HERE

Please sign this: PETITION E-1906 CLICK HERE

All personal court appearances are under “BLOG


CLICK HERE, for the bill in its latest form, which is currently undergoing 3rd reading in House of Commons.

CLICK HERE, for 2012 version of Environmental Assessment Act.
CLICK HERE, for the 1985 Navigation Protection Act.
CLICK HERE, for Energy Regulator Handbook.

SUMMARY HERE
If nothing else, take these points away:

-Regulators have wide discretion to shut everything down
-Regulators have wide discretion to hand out fines and penalties
-Gender based analysis is lens which projects to be viewed though
-Indigenous rights ensure that any project can be stopped almost at will
-Advisory Board must include (a) FN; (b) Inuit; (c) Metis
-“White Science” and “Indigenous Knowledge” to both be considered
-“Indigenous Knowledge” is confidential, unless common knowledge
-“Indigenous Knowledge” given to regulator is private unless public interest to disclose.
-“Indigenous Knowledge” is some secret sauce that can shut down projects, but must be kept confidential to protect …. something.
-Special Tribunal can be set up for compensation in pipeline spills

THIS CAN BE CHALLENGED IN FEDERAL COURT

Federal Court

Appeal to Federal Court

138 The Minister or any person or entity to whom an order, as confirmed or varied by a review officer, is directed may, by filing a written notice of appeal within 30 days after the day on which the written reasons are provided by the review officer under section 135, appeal to the Federal Court from the review officer’s decision.

Order not suspended

139 The filing of a notice of appeal under section 138 does not suspend the operation of an order, as confirmed or varied by a review officer.

Injunctions

Court’s power

140 (1) If, on the Minister’s application, it appears to a court of competent jurisdiction that a person or entity has done, is about to do or is likely to do any act constituting or directed toward the commission of an offence under this Act, the court may issue an injunction ordering the person or entity who is named in the application to
(a) refrain from doing an act that, in the court’s opinion, may constitute or be directed toward the commission of the offence; or
(b) do an act that, in the court’s opinion, may prevent the commission of the offence.

Notice

(2) No injunction is to be issued under subsection (1) unless 48 hours’ notice is served on the party or parties who are named in the application or unless the urgency of the situation is such that service of notice would not be in the public interest.

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Judicial Review

Grounds

170 Subject to section 168, every decision of a Tribunal is final and conclusive and is not to be questioned or reviewed in any court except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.‍1(4)‍(a), (b) or (e) of that Act.

Good to know…. this may come in handy later.

Also, there is a section on discrimination. Of course, with this government, no legislation would be complete without it. However, the terms here seem to suggest more of a “price fixing” nature than actual discrimination. Read for yourself.

Discrimination

No unjust discrimination

235 A company must not make any unjust discrimination in tolls, service or facilities against any person or locality.

Burden of proof

236 If it is shown that a company makes any discrimination in tolls, service or facilities against any person or locality, the burden of proving that the discrimination is not unjust lies on the company.

Prohibition

237 (1) A company or shipper, or an officer, employee or agent or mandatary of a company or shipper, is guilty of an offence punishable on summary conviction if they
(a) offer, grant, give, solicit, accept or receive a rebate, concession or discrimination that allows a person to obtain transmission of hydrocarbons or any other commodity by a company at a rate less than that named in the tariffs then in effect; or
(b) knowingly are party or privy to a false billing, false classification, false report or other device that has the effect set out in paragraph (a).

Due diligence

(2) A person is not to be found guilty of an offence under paragraph (1)‍(a) if they establish that they exercised due diligence to prevent the commission of the offence.

Prosecution

(3) No prosecution may be instituted for an offence under this section without leave of the Commission.

Introduction To The Bill
Preamble
Whereas the Government of Canada is committed to implementing an impact assessment and regulatory system that Canadians trust and that provides safeguards to protect the environment and the health and safety of Canadians;

Whereas the Government of Canada is committed to enhancing Canada’s global competitiveness by building a system that enables decisions to be made in a predictable and timely manner, providing certainty to investors and stakeholders, driving innovation and enabling the carrying out of sound projects that create jobs for Canadians;

Whereas the Government of Canada is committed to achieving reconciliation with First Nations, the Métis and the Inuit through renewed nation-to-nation, government-to-government and Inuit-Crown relationships based on recognition of rights, respect, co-operation and partnership;

Whereas the Government of Canada is committed to using transparent processes that are built on early engagement and inclusive participation and under which the best available scientific information and data and the Indigenous knowledge of the Indigen­ous peoples of Canada are taken into account in decision-making;

And whereas the Government of Canada is committed to assessing how groups of women, men and gender-diverse people may experience policies, programs and projects and to taking actions that contribute to an inclusive and democratic society and allow all Canadians to participate fully in all spheres of their lives;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1/ Safeguards to protect the environment, and H&S of Canadians? Okay, few could disagree with that.
2/ Promoting competitiveness sounds great, if that is what the Bill does.
3/ Committed to reconciliation? Okay, here is where we start to have issues. Will development be blocked or rerouted in the name of “reconciliation”? Or will there be extra “taxes” attached?
4/ Inclusive participation? Isn’t that redundant? And best scientific information and data “and” the Indigenous knowledge of the Indigenous peoples are taken into account?

*** So is there Indigenous knowledge and non-Indigenous science and data? See the above video on “decolonizing science”

5/ Committed to assessing how groups of women, men and gender-diverse people may experience things? Okay, back to the gender obsession. And is “gender diverse” a reference to trannies, or just mixed men/women?
6/ I thought this was a science based approach. Now it’s being infiltrated by (a) Indigenous knowledge and (b) Gender politics.

Okay, now we get to “another” preamble,

PART 1 

Impact Assessment Act

Enactment of Act

Enactment

1 The Impact Assessment Act, whose Schedules 1 to 4 are set out in the schedule to this Act, is enacted as follows:

An Act respecting a federal process for impact assessments and the prevention of significant adverse environmental effects

Preamble
Whereas the Government of Canada is committed to fostering sustainability;

Whereas the Government of Canada recognizes that impact assessments provide an effective means of integrating scientific information and Indigenous knowledge into decision-making processes related to designated projects;

Whereas the Government of Canada recognizes the importance of public participation in the impact assessment process, including the planning phase, and is committed to providing Canadians with the opportunity to participate in that process and with the information they need in order to be able to participate in a meaningful way;

Whereas the Government of Canada recognizes that the public should have access to the reasons on which decisions related to impact assessments are based;

Whereas the Government of Canada is committed, in the course of exercising its powers and performing its duties and functions in relation to impact, regional and strategic assessments, to ensuring respect for the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982, and to fostering reconciliation and working in partnership with them;

Whereas the Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples;

Whereas the Government of Canada recognizes the importance of cooperating with jurisdictions that have powers, duties and functions in relation to the assessment of the effects of designated projects in order that impact assessments may be conducted more efficiently;

Whereas the Government of Canada recognizes that a transparent, efficient and timely decision-making process contributes to a positive investment climate in Canada;

Whereas the Government of Canada recognizes that impact assessment contributes to Canada’s ability to meet its environmental obligations and its commitments in respect of climate change;

Whereas the Government of Canada recognizes the importance of encouraging innovative approaches and technologies to reduce adverse changes to the environment and to health, social or economic conditions;

And whereas the Government of Canada recognizes the importance of regional assessments in understanding the effects of existing or future physical activities and the importance of strategic assessments in assessing federal policies, plans or programs that are relevant to conducting impact assessments;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1/ The Government of Canada is committed to sustainability? Okay, sounds nice, but that can get very expensive. See Agenda 21, signed in 1992 by Brian Mulroney, and Agenda 2030, signed in 2015 by Stephen Harper. Interestingly, Mulroney and Harper both “identify” as Conservatives.
2/ Integrating scientific information and Indigenous knowledge? Again, is there a separate set of scientific principles depending on skin colour or ethnicity? Science is so racist.
3/ Committed to public participation, yet this is an omnibus bill rammed though parliament
4/ Fostering reconciliation and inclusion? So will protests be shutting down any projects? Will “payments” be demanded?
5/ You support UN Declaration on Indigenous Rights? Okay, that agreement means that virtually any work can be shut down at any time, for any reason.
6/ Meet it’s international efforts regarding climate change? Silly me, thinking Paris Accord was “non-binding”

Note: There is a preamble for the Energy Regulator Act, and it’s wording is almost identical.

Rights of Indigenous peoples of Canada

3 For greater certainty, nothing in this Act is to be construed as abrogating or derogating from the protection provided for the rights of the Indigenous peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

Again, any project can be shut down on a whim.

Purpose

Purpose of Act

6 The purpose of this Act is to regulate certain energy matters within Parliament’s jurisdiction and, in particular,

(a) to ensure that pipelines and power lines as well as facilities, equipment or systems related to offshore renewable energy projects, are constructed, operated and abandoned in a manner that is safe, secure and efficient and that protects people, property and the environment;
(b) to ensure that the exploration for and exploitation of oil and gas, as defined in section 2 of the Canada Oil and Gas Operations Act, is carried out in a manner that is safe and secure and that protects people, property and the environment;
(c) to regulate trade in energy products; and
(d) to ensure that regulatory hearings and decision-making processes related to those energy matters are fair, inclusive, transparent and efficient.

(a) No problem with this.
(b) No problem with this.
(c) Stop. Government shouldn’t be regulating trade. It just makes things more expensive.
(d) Make decisions that are inclusive? Getting back into the gender politics again?

Mandate

11 The Regulator’s mandate includes

(a) making transparent decisions, orders and recommendations with respect to pipelines, power lines, offshore renewable energy projects and abandoned pipelines;
(b) overseeing the construction, operation and abandonment of pipelines, interprovincial power lines and international power lines and overseeing work and activities authorized under Part 5 as well as abandoned facilities;

(c) making orders with respect to traffic, tolls and tariffs and overseeing matters relating to traffic, tolls and tariffs;
(d) making decisions and orders and giving directions under Part 8 with respect to oil and gas interests, production and conservation;

(e) advising and reporting on energy matters;
(f) providing alternative dispute resolution processes;

(g) exercising powers and performing duties and functions that are conferred on the Regulator under any other Act of Parliament; and
(h) exercising its powers and performing its duties and functions in a manner that respects the Government of Canada’s commitments with respect to the rights of the Indigenous peoples of Canada.

On the surface, this doesn’t look objectionable. However, it is unclear just how much authority the Energy Regulator will have to make unilateral decisions.

Board of Directors

Establishment and composition

14 (1) The Regulator is to have a board of directors consisting of at least five but not more than nine directors, including a Chairperson and a Vice-Chairperson.

Indigenous representation

(2) At least one of the directors must be an Indigenous person.

Of course, it wouldn’t be a Liberal bill without a racial or gender quota.

Matters of law and fact

(3) For the purposes of this Act, the Commission has full jurisdiction to hear and determine all matters, whether of law or of fact.

Power to act on own initiative

33 The Commission may on its own initiative inquire into, hear and determine any matter that under this Act it may inquire into, hear and determine.

Orders and prohibitions

34 The Commission may
(a) order any person to do, immediately or within or at any specified time and in any specified manner, anything that the person is or may be required to do under this Act, under a condition of a document of authorization, or under any order made or direction given by the Commission or a designated officer under this Act; and

(b) prohibit the doing or continuing of anything that is contrary to this Act, to a condition of the document of authorization or to the order or direction.

Okay, now we are getting into some actual enforcement. However it is unclear what all these added levels of bureaucracy will actually accomplish. It just seems to slow things down.

Wasn’t part of this bill to ensure speedy startup and process?

Exercise of Commission’s Powers and Performance of Its Duties and Functions by Designated Officers

Regulations

54 The Governor in Council may make regulations that specify
(a) powers, duties and functions of the Commission that are technical or administrative in nature and may be exercised or performed by designated officers;
(b) any circumstances in which those powers are to be exercised and those duties and functions are to be performed only by designated officers; and
(c) the procedures and practices that apply to the exercise of those powers and the performance of those duties and functions by designated officers.

Good in a way, delegate matters the powers at hand don’t understand to underlings who would know more.
Also a bit concerning. There is no requirement to actually have any education, experience or training in the industry. Wouldn’t this invite mistake from incompetent, politically driven leaders?

Rights and Interests of the Indigenous Peoples of Canada

Duty to consider — Commission

56 (1) When making a decision, an order or a recommendation under this Act, the Commission must consider any adverse effects that the decision, order or recommendation may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982.

Duty to consider — designated officers

(2) When making a decision or an order under this Act, a designated officer must consider any adverse effects that the decision or order may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982.

Advisory committee

57 (1) The Regulator must establish an advisory committee for the purpose of enhancing the involvement, under Part 2, of the Indigenous peoples of Canada and Indigenous organizations in respect of pipelines, power lines and offshore renewable energy projects as well as abandoned pipelines.

Membership

(2) The membership of the advisory committee must include at least
(a) one person recommended by an Indigenous organization that represents the interests of First Nations;
(b) one person recommended by an Indigenous organization that represents the interests of the Inuit; and
(c) one person recommended by an Indigenous organization that represents the interests of the Métis.

Confidentiality — Indigenous knowledge

58 (1) Any Indigenous knowledge that is provided in confidence to the Regulator under this Act or any other Act of Parliament that confers powers, duties or functions on the Regulator is confidential and must not knowingly be, or be permitted to be, disclosed without written consent.

Exception

(2) Despite subsection (1), the Indigenous knowledge referred to in that subsection may be disclosed if
(a) it is publicly available;
(b) the disclosure is necessary for the purposes of procedural fairness and natural justice or for use in legal proceedings; or
(c) the disclosure is authorized in the circumstances set out in the regulations made under section 59.

Consultation

(2.‍1) Before disclosing Indigenous knowledge under paragraph 2(b) for the purposes of procedural fairness and natural justice, the Regulator must consult the person or entity who provided the Indigenous knowledge and the person or entity to whom it is proposed to be disclosed about the scope of the proposed disclosure and potential conditions under subsection (3).

Further disclosure

(3) The Regulator may, having regard to the consultation referred to in subsection (2.‍1), impose conditions with respect to the disclosure of Indigenous knowledge by any person or entity to whom it is disclosed under paragraph (2)‍(b) for the purposes of procedural fairness and natural justice.

Duty to comply

(4) The person or entity referred to in subsection (3) must comply with any conditions imposed by the Regulator under that subsection.

Protection from civil proceeding or prosecution

(5) Despite any other Act of Parliament, no civil or criminal proceedings lie against the Regulator or the Minister — or any person acting on behalf of, or under the direction of, either of them — and no proceedings lie against the Crown or the Regulator, for the disclosure in good faith of any Indigenous knowledge under this Act or any other Act of Parliament that confers powers, duties or functions on the Regulator or for any consequences that flow from that disclosure.

Regulations

59 The Governor in Council may make regulations prescribing the circumstances in which Indigenous knowledge that is provided to the Regulator under this Act in confidence may be disclosed without written consent.
Once again, this seems designed to fail.

1/ If any indigenous person or group can shut down an entire project, or at least delay it for years, development will come to a standstill.
2/ Duty to consult: Again sounds nice, but written in such a way as to ensure nothing gets through.
3/ Committee must include:
(a) First Nations
(b) Inuit
(c) Metis
So not only is there “one” representative, but there are to be “three” each from different groups.
4/ Indigenous Knowledge provided to regulator is confidential.
What? So it cannot be challenged if we don’t know what it is.
5/ Before “disclosing Indigenous Knowledge”, the Regulator must discuss with person who provided it.
6/ No punishment for disclosing “Indigenous Knowledge” if it was done in good faith? Great, but if this knowledge is so powerful, why “wouldn’t” we want to share it
7/ So where is all this transparency, if “Indigenous Knowledge” is kept secret?

Public Engagement

Public engagement

74 The Regulator must establish processes that the Regulator considers appropriate to engage meaningfully with the public — and, in particular, the Indigenous peoples of Canada and Indigenous organizations — when public hearings are held under section 52 or subsection 241(3).

Participant funding program

75 For the purposes of this Act, the Regulator must establish a participant funding program to facilitate the participation of the public — and, in particular, the Indigenous peoples of Canada and Indigenous organizations — in public hearings under section 52 or subsection 241(3) and any steps leading to those hearings.

Public hearings are good, but the incessant pandering to Indigenous groups gets tiring.

Regulation of Construction, Operation and Abandonment

Orders

95 (1) To promote the safety and security of the operation of a regulated facility, the Commission may, by order, direct the holder to repair, reconstruct or alter part of the regulated facility and direct that, until the work is done, that part of the regulated facility not be used or be used in accordance with any conditions specified by the Commission.

Other measures

(2) The Commission may, by order, direct any of the following persons or bodies to take measures in respect of a regulated facility, an abandoned facility or any work or activity authorized under Part 5 that the Commission considers necessary for the safety and security of persons, the safety and security of the regulated facility or abandoned facility or the protection of property or the environment:

(a) an Indigenous governing body;
(b) the holder or any other person;
(c) the federal government or a federal Crown corporation;
(d) a provincial government or a provincial Crown corporation;
(e) a local authority.

This sounds nice, but in practice, anyone on the list can start making demands and delay or shut down any major project. Again, pandering to Indigenous bodies.

Offence and punishment — duty to assist and orders

112 (1) Every person who contravenes subsection 103(4) or fails to comply with an order under section 109 is guilty of an offence and is liable
(a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years or to both; or
(b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year or to both.

Defence — no notice

(2) A person must not be found guilty of an offence for failing to comply with an order under section 109 unless the person was given written notice of the order in accordance with paragraph 109(3)‍(a).

Offence and punishment — obstruction

(3) Every person who contravenes section 106 is guilty of an offence punishable on summary conviction and is liable, for a first offence, to a fine of not more than $100,000 and, for any subsequent offence, to a fine of not more than $300,000.

This is one of many references in the Bill which criminalise certain actions. If nothing else, the bill does have teeth in it.

Pipeline Claims Tribunal

Establishment

Establishment of Tribunal

143 (1) The Governor in Council may, by order, after a designation is made under subsection 141(1), establish a pipeline claims tribunal whose purpose is to examine and adjudicate, as expeditiously as the circumstances and considerations of fairness permit, the claims for compensation made under this Act in relation to the release that occurred from the designated company’s pipeline and specify the location of its head office.

Reasons

(2) However, the Governor in Council may establish a pipeline claims tribunal only if, having regard to the extent of the compensable damage caused by the release, the estimated cost of paying compensation in respect of that damage and the advantages of having claims dealt with by an administrative tribunal, the Governor in Council considers it in the public interest to do so.

Claims treated equitably

(3) A Tribunal must exercise its powers and perform its duties and functions with respect to claims for compensation in an equitable manner, without discrimination on the basis of nationality or residence.

Now adding even more bureaucracy. The Governor in Council may establish a tribunal to specifically rule on pipeline compensation.

This bill goes on and on. Feel free to read the entire document

But the main take away is that it creates more and more levels of bureaucracy for any sort of development projects, such as pipelines. The only plausible explanation is that the Bill seems designed to prevent anything from getting off the ground.

Mandatory Minimum Sentences: Good, Bad, Or It Depends?

(YouTuber Canadian Libertarian)

****************************************************************************
(1) The full text for UN Global Migration Compact is HERE.
(2) The full text for Canada/US Safe 3rd Country is HERE, and see HERE.
(3) The proposed UN Parliament/World Government is HERE.
(4) The full text of the Paris Accord is HERE.
(5) The Multiculturalism Act is HERE.
(6) The Canadian Citizenship Act (birth tourism) is HERE.
(7) Bill C-6 (citizenship for terrorists) is HERE.
(8) M-103 (Iqra Khalid’s Blasphemy Motion) is HERE.
(9) Fed’s $595M bribery of journalists is outlined HERE.
(10) Agenda 21 (signed in June 1992) is HERE
(11) Agenda 2030 (signed in September 2015) is HERE.
Items in the above list are addressed HERE

Please sign this: PETITION E-1906 CLICK HERE

All personal court appearances are under “BLOG
****************************************************************************

Disclaimer #1: I never suggested or implied that “all” or even “most” criminal offences should carry any sort of mandatory minimum sentence. The discussion, as started on Twitter, was that “some” of the very serious offences should.

Suggested Offences With Mandatory Minimums
CC 46-48 (Treason)
CC 83.01-83.3 (Terrorism)
CC 151-154 (child Sex Offences)
CC 229-239 (Murder, 1st degree)

Disclaimer #2: Furthermore, I never suggested or implied not believing in the concept of “presumption of innocence”. Of course this is necessary for an just society to work. It seems to be a straw-man argument that came up from the audience.

Disclaimer #3: An argument that came up from the audience asking if I realized that minimum sentences would mean women getting the same sentences as men. Yes, and that is a good thing.

Disclaimer #4: There is no ”collective guilt” here. Everyone is responsible for their own actions, not actions of other group members. All that is asked is the standards be applied consistently.

The case AGAINST Mandatory Minimums
(argued by Canadian Libertarian)

-Judges are better able to look at a case and decide what is fair
-Judges are better able to decide what would be best for the public
-Judges are not subject to the whims of the population, given their jobs are secure
-In the event of very poor rulings, they can be appealed
-Mandatory minimums are very costly to the public
-Mandatory minimums result in “social costs” to the public
-There is no general deterrence
-Politicians in general cannot be trusted to pass good laws
-Politicians take so much power anyway, a separate judiciary is necessary
-Government should stay out of people’s lives as much as possible
-Given fraud and corruption within gov’t it is hypocritical for them to be passing such laws
-Judges are best able to “make that exception” when needed
-Mandatory minimums make it hard, if not impossible to make punishment fit the crime. It always must.

Articles Cited:
Research At A Glance
Mandator Minimum Penalties
Mandatory Minimums Unfair and Expensive
PBS Special on Mandatory Minimums

The Case IN FAVOUR OF Mandatory Minimums
(argued by Canuck Law)

-Politicians can (theoretically) be thrown out, judges cannot
-Although far from perfect, public input can help draft laws
-While judges are well intended, different perspectives can lead to widely differing sentences on cases of similar facts
-Consistency is necessary in applying sentencing principles
-If bad rulings occur and are not struck down, they can create ”precedent” for future bad rulings. Having set standards eliminates that possibility
-If not mandatory minimums, then guidelines (as is also the case in US/UK)
-Some offences are so bad they “require” prison time (as mentioned, it covered offences like murder, terrorism, child sex offences)
-Of course, this is not to imply that all, or even most offences should carry mandatory minimums
-The crimes being proposed for mandatory minimums are committed so rarely, that there would be ”no dragnet” of people.
-For certain offences, the well being of society needs to trump individual rights
-The Principles of Sentencing (see below) to see a need to balance both individual rights and society’s (the group’s rights)
-Items (a), (b), (c) put societal interest first, while (d), (e), (f) put individual interest first

What Does The Law Say?

Note: the information here is not necessary to prove that mandatory minimums are necessary, but rather to explain when the rationale behind sentencing.

Also the Bill C-42 was introduced to remove so-called ”conditional sentencing” for certain offences. The rationale being, if house arrest is inadequate, the probation would be even more so. In effect, it would ”create” mandatory jail sentences (though the length not specified).

Purpose and Principles of Sentencing
Marginal note:
Purpose
718 The fundamental purpose of sentencing is to protect society and to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives:

(a) to denounce unlawful conduct and the harm done to victims or to the community that is caused by unlawful conduct;

(b) to deter the offender and other persons from committing offences;

(c) to separate offenders from society, where necessary;

(d) to assist in rehabilitating offenders;

(e) to provide reparations for harm done to victims or to the community; and

(f) to promote a sense of responsibility in offenders, and acknowledgment of the harm done to victims or to the community.

Objectives — offences against children
718.01 When a court imposes a sentence for an offence that involved the abuse of a person under the age of eighteen years, it shall give primary consideration to the objectives of denunciation and deterrence of such conduct.

Objectives — offence against peace officer or other justice system participant
718.02 When a court imposes a sentence for an offence under subsection 270(1), section 270.01 or 270.02 or paragraph 423.1(1)(b), the court shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.

Objectives — offence against certain animals
718.03 When a court imposes a sentence for an offence under subsection 445.01(1), the court shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.

Fundamental principle
718.1 A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.

Restrictions on Conditional Sentencting, Bill C-42

R v. Proulx (2003) for conditional sentencing
(Ironically, arguing in support of Canadian Libertarian’s position)

“The requirement in s. 742.1 (b) that the judge be satisfied that the safety of the community would not be endangered by the offender serving his or her sentence in the community is a condition precedent to the imposition of a conditional sentence, and not the primary consideration in determining whether a conditional sentence is appropriate. In making this determination, the judge should consider the risk posed by the specific offender, not the broader risk of whether the imposition of a conditional sentence would endanger the safety of the community by providing insufficient general deterrence or undermining general respect for the law. Two factors should be taken into account: (1) the risk of the offender re-offending; and (2) the gravity of the damage that could ensue in the event of re-offence. A consideration of the risk posed by the offender should include the risk of any criminal activity, and not be limited solely to the risk of physical or psychological harm to individuals.

Once the prerequisites of s. 742.1 are satisfied, the judge should give serious consideration to the possibility of a conditional sentence in all cases by examining whether a conditional sentence is consistent with the fundamental purpose and principles of sentencing set out in ss. 718 to 718.2. This follows from Parliament’s clear message to the judiciary to reduce the use of incarceration as a sanction.

A conditional sentence can provide significant denunciation and deterrence. As a general matter, the more serious the offence, the longer and more onerous the conditional sentence should be. There may be some circumstances, however, where the need for denunciation or deterrence is so pressing that incarceration will be the only suitable way in which to express society’s condemnation of the offender’s conduct or to deter similar conduct in the future.

Generally, a conditional sentence will be better than incarceration at achieving the restorative objectives of rehabilitation, reparations to the victim and the community, and promotion of a sense of responsibility in the offender and acknowledgment of the harm done to the victim and the community.

Where a combination of both punitive and restorative objectives may be achieved, a conditional sentence will likely be more appropriate than incarceration. Where objectives such as denunciation and deterrence are particularly pressing, incarceration will generally be the preferable sanction. This may be so notwithstanding the fact that restorative goals might be achieved. However, a conditional sentence may provide sufficient denunciation and deterrence, even in cases in which restorative objectives are of lesser importance, depending on the nature of the conditions imposed, the duration of the sentence, and the circumstances of both the offender and the community in which the conditional sentence is to be served. A conditional sentence may be imposed even where there are aggravating circumstances, although the need for denunciation and deterrence will increase in these circumstances.

No party is under a burden of proof to establish that a conditional sentence is either appropriate or inappropriate in the circumstances. The judge should consider all relevant evidence, no matter by whom it is adduced. However, it would be in the offender’s best interests to establish elements militating in favour of a conditional sentence.

Sentencing judges have a wide discretion in the choice of the appropriate sentence. They are entitled to considerable deference from appellate courts. Absent an error in principle, failure to consider a relevant factor, or an overemphasis of the appropriate factors, a court of appeal should only intervene to vary a sentence imposed at trial if the sentence is demonstrably unfit.”

R v Proulx makes a pretty compelling case in favour of “conditional sentencing” a.k.a. “house arrest”. This case is recognized and relied on when handing down sentences. Many defense lawyers argue that conditional sentencing would better serve everyone (in most cases) than physical prison.

The restrictions that came from Bill C-42, however, means that certain offences are no longer eligible for conditional sentencing. This means that Judges will have to choose jail sentences, since probation would be considered unfit.

Overall, a very interesting topic to cover.

Canada’s Bill C-46: Police Can Demand Breath Sample — 2 Hours Later

(Changes to Criminal Code, which put onus on drivers to prove they weren’t drinking 2 hours ago)

****************************************************************************
(1) The full text for UN Global Migration Compact is HERE.
(2) The full text for Canada/US Safe 3rd Country is HERE, and see HERE.
(3) The proposed UN Parliament/World Government is HERE.
(4) The full text of the Paris Accord is HERE.
(5) The Multiculturalism Act is HERE.
(6) The Canadian Citizenship Act (birth tourism) is HERE.
(7) Bill C-6 (citizenship for terrorists) is HERE.
(8) M-103 (Iqra Khalid’s Blasphemy Motion) is HERE.
(9) Fed’s $595M bribery of journalists is outlined HERE.
(10) Agenda 21 (signed in June 1992) is HERE
(11) Agenda 2030 (signed in September 2015) is HERE.
Items in the above list are addressed HERE

Please sign this: PETITION E-1906 CLICK HERE

All personal court appearances are under “BLOG
****************************************************************************

CLICK HERE, for the full text of the bill, which received Royal Assent and is now law.

Here Is Original Legislation

Operation while impaired

253 (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,

(a) while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or

(b) having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.

Marginal note:

For greater certainty
(2) For greater certainty, the reference to impairment by alcohol or a drug in paragraph (1)(a) includes impairment by a combination of alcohol and a drug.
R.S., 1985, c. C-46, s. 253; R.S., 1985, c. 27 (1st Supp.), s. 36, c. 32 (4th Supp.), s. 59;

This is reasonable enough. Let’s see what it looks like after the changes

Rationale Behind This Bill
SUMMARY

Part 1 amends the provisions of the Criminal Code that deal with offences and procedures relating to drug-impaired driving. Among other things, the amendments

(a) enact new criminal offences for driving with a blood drug concentration that is equal to or higher than the permitted concentration;
(b) authorize the Governor in Council to establish blood drug concentrations; and
(c) authorize peace officers who suspect a driver has a drug in their body to demand that the driver provide a sample of a bodily substance for analysis by drug screening equipment that is approved by the Attorney General of Canada.

Part 2 repeals the provisions of the Criminal Code that deal with offences and procedures relating to conveyances, including those provisions enacted by Part 1, and replaces them with provisions in a new Part of the Criminal Code that, among other things,

(a) re-enact and modernize offences and procedures relating to conveyances;
(b) authorize mandatory roadside screening for alcohol;
(c) establish the requirements to prove a person’s blood alcohol concentration; and
(d) increase certain maximum penalties and certain minimum fines.

Part 3 contains coordinating amendments and the coming into force provision.

How Criminal Code Now Reads

Operation while impaired

253 (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,

(a) while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or

(b) having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.

Marginal note:

For greater certainty
(2) For greater certainty, the reference to impairment by alcohol or a drug in paragraph (1)(a) includes impairment by a combination of alcohol and a drug.
Marginal note:

Operation while impaired — blood drug concentration

(3) Subject to subsection (4), everyone commits an offence who has within two hours after ceasing to operate a motor vehicle or vessel or after ceasing to operate or to assist in the operation of an aircraft or of railway equipment or after ceasing to have the care or control of a motor vehicle, vessel, aircraft or railway equipment

(a) a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation;

(b) a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation and that is less than the concentration prescribed for the purposes of paragraph (a); or

(c) a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation for instances where alcohol and that drug are combined.

Marginal note:

Exception
(4) No person commits an offence under subsection (3) if

(a) they consumed the drug or the alcohol or both after ceasing to operate a motor vehicle or vessel, or after ceasing to operate or assist in the operation of an aircraft or railway equipment or after ceasing to have the care or control of a motor vehicle, a vessel, an aircraft or railway equipment; and

(b) after ceasing the activities described in paragraph (a), they had no reasonable expectation that they would be required to provide a sample of a bodily substance.

R.S., 1985, c. C-46, s. 253; R.S., 1985, c. 27 (1st Supp.), s. 36, c. 32 (4th Supp.), s. 59; 2008, c. 6, s. 18;

(3) Subject to subsection (4), everyone commits an offence who has within two hours after ceasing to operate a motor vehicle or vessel or after ceasing to operate or to assist in the operation of an aircraft or of railway equipment or after ceasing to have the care or control of a motor vehicle, vessel, aircraft or railway equipment

Within 2 hours of driving, if they consume alcohol…. What the hell?

The burden would now be on the person to prove they weren’t drinking 2 hours ago.

This new law, will almost certainly face court/constitutional challenges. While being (perhaps) well meaning, is too broad, too easy to abuse, and evades basic principles like:
1/ presumption of innocence
2/ probable cause needed

We will keep an eye on it.

Unifor Interview: Denies Crawling Into Bed With Government

(The new release from the Federal Government)

(Not surprising, the endless pandering about the “wage gap”)

***********************************************************************
The full text for UN Global Migration Compact is RIGHT HERE.

Please sign this: PETITION E-1906 CLICK HERE
***********************************************************************

Here is the recently released 2018 Fall Economic Update. economic.update.2018

The good part starts on page 40 of the Update. It has to do with “Support For Canadian Journalism”

Here is the problem that the Canadian Government identifies:

In recent years, changes in technology and in the way that Canadians consume news have made it difficult for many news outlets to find and maintain financially sustainable business models. At a time when people increasingly get their news online, and share news and other content through social media, many communities have also been left without local news outlets to tell their stories. Concerns have been expressed that, without government intervention, there may be a decline in the quantity and quality of journalism available to Canadians, including a significant loss of local news coverage.

In November 2018, the Prime Minister, together with other world leaders, committed to take action to support a strong and independent news sector in the digital age. The Government recognizes the vital role that local journalism plays in communities all across the country, and is committed to finding ways to help keep people, and communities, connected through local news providers

Yes, that is correct. The Government realizes that in modern times, the old format of news (large offices and staff), has become obsolete, and financially unviable. This is particularly true in the age where anyone with a laptop and a camera can post online and gain a substantial following.

CanuckLaw itself is run on a shoestring budget, with little expenses. So yes, it is easy to sympathise with those who have had a lengthy career in media.

However, this is the new reality. Media itself is reducing the barriers to entry where literally anyone can be a contributor online. Rather than maintaining a monopoly (or near monopoly) on news, major outlets are facing strong competition from a population who can drastically undercut it. Further, these people will have no loyalty to any political party or government. This is good for a free and open media.

However, the Federal Liberals have decided that propping up the media financially is a better idea.


Access to Charitable Tax Incentives for Eligible News Organizations

Budget 2018 announced that the Government would explore new models that would enable private giving and philanthropic support for trusted, professional, non-profit journalism, including local news. To that end, the Government intends to introduce a new category of qualified donee, for non-profit journalism organizations that produce a wide variety of news and information of interest to Canadians. As qualified donees, eligible non-profit journalism organizations would be able to issue official donation receipts, which allows donors to benefit from tax incentives for charitable giving (including the Charitable Donations Tax Credit for individuals and deductions for corporations). As qualified donees, these organizations would also be eligible to receive funding from registered charities.

A New Refundable Tax Credit to Support News Organizations

To further support news journalism in Canada, the Government intends to introduce a new refundable tax credit for qualifying news organizations. This new measure will aim to support Canadian news organizations that produce a wide variety of news and information of interest to Canadians. The refundable credit will support labour costs associated with producing original news content and will generally be available to both non-profit and for-profit news organizations. An independent panel will be established from the news and journalism community to define eligibility for this tax credit, as well as provide advice on other measures. Once established, the effective date of the refundable tax credit will be set for January 1, 2019.

A New Non-Refundable Tax Credit for Subscriptions to Canadian Digital News Media

To support Canadian digital news media organizations in achieving a more financially sustainable business model, the Government intends to introduce a new temporary, non-refundable 15-per-cent tax credit for qualifying subscribers of eligible digital news media. In total, the proposed access to tax incentives for charitable giving, refundable tax credit for labour costs and non-refundable tax credit for subscriptions will cost the federal government an estimated $595 million over the next five years. Additional details on these measures will be provided in Budget 2019

Yes, the government will be spending about $595 million over 5 years, $119 million annually, to prop up dying media outlets.

The story is explained by Candice Malcolm, but in a nutshell, Unifor, the union which represents — among others — 13,000 media workers, is officially committing to opposing the Federal Conservative Party.

This of course raises a huge red flag. A union that will be taking $120 million/year to subsidise failing media outlets is officially opposing the government’s main opposition party.

In fact, this arguably violates the Conflict of Interest Act. A political party using their power to award public funds to an industry, namely media, who can promote their interests.

Conflict of interest

4 For the purposes of this Act, a public office holder is in a conflict of interest when he or she exercises an official power, duty or function that provides an opportunity to further his or her private interests or those of his or her relatives or friends or to improperly further another person’s private interests.
Marginal note:

General duty
5 Every public office holder shall arrange his or her private affairs in a manner that will prevent the public office holder from being in a conflict of interest.
Marginal note:

Decision-making
6 (1) No public office holder shall make a decision or participate in making a decision related to the exercise of an official power, duty or function if the public office holder knows or reasonably should know that, in the making of the decision, he or she would be in a conflict of interest.

It sounds harsh. However, from the literal wording in the Conflict of Interest Act, the subsides and political allegiance do appear to violate it.

Interview With Howard Law of Unifor
On Friday, November 23, Unifor representative Howard Law did return a phone call for an interview. Here is a summary of that interview.

(a) The subsidies are meant to keep jobs from being lost, and to prop up sections of the media that are becoming unviable with technology changes.
(b) There is no deal of any kind to provide favourable coverage to any political party.
(c) Unifor, the union, promotes progressive causes all the time. They do not oppose any party because of financial considerations like what people suggest here.
(d) The media workers will continue to operate objectively.

While Mr. Law’s comments are reasonable on the surface, there is still no question that this at least appears to be a form of bribery. Governments handing millions of dollars to a friendly media reeks of propaganda and corruption.

But for now we will wait and see what comes of this.

Canada’s Private Members’ Bills: Pandering on Your Dime

(All of the Canadian Parliament’s Bills are online)

***********************************************************************
The full text for UN Global Migration Compact is RIGHT HERE.

Please sign this: PETITION E-1906 CLICK HERE
***********************************************************************

The above petition is serious. The rest of the article, not so much.

Are you concerned about your tax dollars being wasted? Do you suspect that parliament is doing nothing productive? Uncertain about the endless pandering on your dime? Well, let me tell you …

…you are exactly right about that.

Let’s take a stroll through the index of pending legislation for this 42nd session of Parliament, and see exactly what our honourable Members of Parliament have been up to. Examples of some of the “less urgent” matters to be discussed. Here are some of the honourable mentions.

CLICK HERE to get a good look at all of the: (1) Government; (2) Private Member; and (3) Senate bills of the 42nd session of parliament.

(1) CLICK HERE, for bill C-210, a bill to ensure a gender-neutral national anthem. Royal Assent February 7, 2018.

(2) CLICK HERE, for Bill C-216, to designate October 15 as National Perinatal Bereavement Awareness Day. First reading.

(3) CLICK HERE, for Bill C-231, to establish a National Food Waste Awareness Day. First Reading.

(4) CLICK HERE, for Bill C-237, Gender Equity in Elections. First Reading.

(5) CLICK HERE, for Bill C-306, establishing May 18 as Crimean Tatar Deportation Awareness Day. First Reading.

(6) CLICK HERE, for Bill C-309, to designate the 4th week of Sepember as Gender Equality Week. Royal Assent June 21, 2018.

(7) CLICK HERE, for Bill C-317, to designate October as Hispanic Heritage Month. First Reading.

(8) CLICK HERE, for Bill C-318, to designate June 2nd as Indian Residential School Reconciliation and Memorial Day.

(9) CLICK HERE, for Bill C-361, to make National Aboriginal Day an official holiday.

(10) CLICK HERE, for Bill C-376, to designate April as Sikh Heritage Month. Third Reading.

(11) CLICK HERE, for Bill C-386, to make September 30 Orange Shirt Day: A Day for Truth and Reconciliation. First Reading.

(12) CLICK HERE, for Bill C-391, an act to develop a strategy for repatriating Aboriginal remains. Second reading.

(13) CLICK HERE, for Bill C-393, to exempt Quebec from the National Multiculturalism Act. Actually, this one makes sense. First reading.

(14) CLICK HERE, for Bill C-403, to designate November as Diabetes Awareness Month. First reading.

(15) CLICK HERE, for Bill C-416, to designate October as Hindu Heritage Month. First reading.

(16) CLICK HERE, for Bill S-215, to raise the penalties (or at least consider it an aggravating factor), if the victim of a crime is an Aboriginal woman. Third reading.

(17) CLICK HERE, for Bill S-218, to designate October as Latin American Heritage Month. Royal assent June 21, 2018.

(18) CLICK HERE, for Bill S-222, to advance Canada’s linguistic plurality. First reading.

(19) CLICK HERE, for Bill S-232, to establish May as Canadian Jewish Heritage Month. Royal Assent March 29, 2018.

(20) CLICK HERE, for Bill S-241, to designate February 21 as International Mother Language Day. First Reading.

(21) CLICK HERE, for Bill S-244, to designate the 3rd week of February as Kindness Week.

(22) CLICK HERE, for Bill S-255, designating August 1 as Emancipation Day.

To Summarise Our New “Days” and “Months”
February (3rd Week) – Kindness Week
February 21 -International Mother Language Day
April – Sikh Heritage Month
May – Canadian Jewish Heritage Month
May 18 – Crimean Tatar Deportation Awareness Day
June 2 – Indian Residential School Reconciliation and Memorial Day
June 21 – National Aboriginal Day
August 1 – Emancipation day
September (4th week) – Gender Equality Week
September 30 – Orange Shirt Day, a Day For Truth and reconciliation
October 15 – National Perinatal Bereavement Awareness Day
October- Hindu Heritage Month
October – Latin American Heritage Month
November – Diabetes Awareness Month

Looks like the calendar is about to become a lot more full. Good thing there aren’t REAL ISSUES that could be discussed.

More to come, but this article strictly dealt with “pandering” bills.

Poly #2: Liberal MP Stephen Fuhr

(Kelowna-Lake Country M.P. Stephen Fuhr)

***********************************************************************
The full text for UN Global Migration Compact is RIGHT HERE.

Please sign this: PETITION E-1906 CLICK HERE
***********************************************************************

It would be nice to actually talk to a government M.P. Kelowna-Lake Country M.P. Stephen Fuhr is not too far from here. With the ongoing matters, particularly with the Canada Post legislation, he has been away from home. Anyway, this was done to gain information on 5 topics

(a) Bill C-71 (firearms)
(b) Bill C-75 (criminal code)
(c) Bill C-76 (elections)
(d) UN Global Migration Compact
(e) Supply Management

I did email him 5 questions. Questions are in regular text, answers are in bold/italics:

Hello

I had some some questions/concerns about some policies that were ongoing

(1) This Bill C-71, if what I read is right, it looks like re-establishing a gun registry. Is that the case?

With regards to your first question on Bill C-71, the government has been clear we would not re-instate the national long gun registry and have kept that commitment. C-71 fulfills our government’s campaign promise to address gun control and to take action to combat criminal gun and gang violence.

As a result Bill C-71 will make five important changes:

First, it will enhance background checks. It will remove a five-year limitation so an applicant’s full record is considered, helping ensure that those with history of violent or criminal behaviour, or mental illness associated with violence, can’t get a firearms licence.

Second, C-71 will require all sellers to confirm that a buyer’s licence is valid before the purchase of any firearm, including a rifle or shotgun. Oddly, that’s currently voluntary under the law, and only mandatory for restricted and prohibited firearms. While many still ask, by law retailers only need to have “no reason to believe” the buyer does not have a valid licence.

To be clear, it’s the buyer’s license, not the firearm, that’s being verified. This is not a long gun-registry: no information about the firearm is exchanged.
Third, the legislation will help police investigate gun-related crimes by requiring stores to maintain records of their sales, as was the case in Canada from 1979 until 1995 (and in the United States since 1968). Most already do so for safety and liability reasons, and because it affects their insurance.

Store records are private, not accessible to governments, but police would be able to gain access given reasonable grounds and with judicial authorization as appropriate. These records will help police trace guns discovered at a crime scene and detect trafficking.

Fourth, the bill will ensure the accurate and consistent classification of firearms by RCMP experts in accordance with the technical criteria in the Criminal Code. It repeals Cabinet’s existing authority to overrule RCMP determinations, taking political considerations out of the process.

Fifth, C-71 will bolster community safety in relation to the most dangerous firearms by requiring specific authorizations whenever restricted or prohibited guns (mostly handguns and assault weapons) are moved through the community—except between a residence and an approved shooting range. The rules for transporting non-restricted firearms (such as rifles and shotguns) will not change.

Separately, and in addition, the Government has also taken action to help combat criminal gun and gang violence committing up to $327.6 million over five years, and $100 million annually thereafter, to help support a variety of initiatives to help communities reduce criminal gun and gang crime.

(2) Bill C-75, making terrorism a summary offence? How can that be?

Bill C-75 is a substantive response to the Supreme Court of Canada (SCC) July 2016 decision in R v Jordan, which called on all those within the justice system to work together to address the issue of court delays.

As you may know, the failure of the judicial system to be able to provide justice in a timely manner has resulted in some serious cases being stayed, which many would argue does not make communities feel safer.

Following the decision in Jordan, federal-provincial-territorial ministers and officials collaborated to work on solutions to address delays in the criminal justice system. This bill is intended to bring about a culture shift within the criminal justice system, something the Supreme Court in the 2016 Jordan decision has stressed is required. As the criminal justice system is shared by all levels of government, accordingly, many of the reforms proposed in this legislation reflect collaborative efforts to address court delays, and have been identified as priorities by federal, provincial, and territorial Justice Ministers.

With regard to the legislation and certain offences, it is important for Canadians to know that in deeming certain offences as hybrid offences, the offence remains an indictable offence unless the Crown elects to proceed by way of summary conviction.

In undertaking the Government’s Criminal Justice System Review, the Minister of Justice and her Parliamentary Secretary held Canada-wide roundtable discussions in every province and territory with justice system partners and interested parties. Participants also included victim advocates, restorative justice proponents, representatives of front-line community support systems, and importantly, representatives from areas such as health and mental health, housing, and other social support systems. In these meetings, participants raised pressing issues about the criminal justice system.

With this legislation, our Government is taking an important step forward to act on what we heard and create a criminal justice system that is just, compassionate, and timely and reflects the needs and expectations of all Canadians

(3) Bill C-76, getting rid of voter ID requirements….? Again, hoping that I am reading this wrong

On the issue of voter identification and Bill C-76, the bill will reintroduce the Voter Information Card as a piece of identification someone can use when they vote. We encourage you read the following Baloney Meter article which provides more information on the importance of the Voter Identification Card: https://www.ctvnews.ca/politics/baloney-meter-is-voter-information-card-a-doorway-to-electoral-fraud-1.3933707 .

(4) Also, there is the UN global migration compact that I keep hearing about. Why the heck would we even consider giving our sovereignty to the UN?

With regards to the Global Compact for Safe, Orderly and Regular Migration, there is a great deal of misinformation and misunderstanding surrounding this issue and we wish to dispel the myth that Canada’s borders are open; our borders are secure, ensuring an orderly migration system that protects the safety of Canadians while respecting our international obligations to legitimate asylum seekers.

In light of your concerns, we encourage you to read the following column written by our Minister of Immigration, Refugees and Citizenship, Minister of International Development, and Canada’s UNHCR Representative: https://www.macleans.ca/opinion/why-canada-will-lead-the-charge-on-the-uns-global-refugee-plan/ .

Canada has a longstanding history of welcoming refugees and people in need from around the world, including some of the world’s most vulnerable people trapped in often unsafe or violent situations in their home country that are outside of their control. As the number of displaced persons reaches unprecedented levels, the Government of Canada remains committed to upholding its humanitarian tradition to resettle refugees and offer protection to those in need.

(5) When NAFTA was getting renegociated, Trump made comments about how our dairy industry is rigged to prevent competition. Is this true, and doesn’t that violate the principle of free trade? It’s infuriating that my food costs twice what it should

Finally, with regard to your question about supply management and the cost of dairy products for Canadian consumers, our dairy industry sustains 221,000 Canadian jobs and contributes $19.9 billion to our GDP and for that reason the government remains committed to maintaining Canada’s supply management system. That being said, through Canada’s commitments under the WTO, CETA, CPTPP, and USMCA, Canadian farmers and processors maintain approximately 90% of the Canadian dairy market, while foreign dairy suppliers will have the opportunity to compete for a share of the Canadian market equivalent to approximately 10% of Canadian milk production. In this way we support our farmers and processors, maintain consumer confidence that the dairy products they consume are made in Canada, while giving consumers more choice through a more competitive market place.

Some clarity on these would be nice.

Thanks
Alex

Thank you again for writing to Mr. Fuhr. We trust that this information will be useful in addressing your concerns.

Sincerely,

The Office of Stephen Fuhr, CD, MP

Member of Parliament for Kelowna-Lake Country
Room 313 Justice Bldg.| Ottawa, ON, Canada K1A 0A6
Email: stephen.fuhr@parl.gc.ca
Tel: 613.992.7006 | Fax: 613.992.7636

While Mr. Fuhr did send a lengthy email back, there were some positives and negatives. Regarding the UN Compact, I was directed an article the Immigration Minister submitted to Maclean’s magazine.

It is nice to get information straight from the source, but the article reads like a puff piece, that glosses over many legitimate questions about the compact. Indeed, for such a project to even be considered, a lot of details need to be worked out and then disclosed. Here is my followup email to Mr. Fuhr’s office (in italics).

Note: If and when a response ever comes, it will be posted in its entirety.

Hello,

Yes, it was informative, in some sense. But with regards to the UN global migration pact, I actually found the content of the Macleans article to be more alarming.

(1) The immigration minister keeps referring to ”refugees”, yet the UN compact keeps referring to ”migrants”. This seems to be a blurring of the lines here. Are we taking refugees, or migrants? Further, how many do you plan to take?

(2) As with people coming across the border from New York and Minnesota, Hussan got offended at the notion these were ”economic migrants”, calling it ”divisive”. However, once you travel from one safe country to another, then they are in fact economic migrants. It is an accurate description.

(3) Europe, in particular, Germany and Angela Merkel, has had lots of problems with this issue since 2015. How would this be different?

(4) There seems to be little mention in the UN compact of assimilating to the host culture.

(5) There is no real mention in the UN compact of screening or background checks. Ibrahim Ali rings a bell.

(6) There is no mention of how the host country would meet these costs.

(7) While the Macleans article referenced work and entrepenuership, the UN compact makes little mention of work or self-sustaining. Would Canada expect they work, or is it welfare?

(8) The Macleans article promotes Middle East/Africa as locations. However, given treatment of women/LGBTQ, as well as FGM, honour killings, etc…. in those locations, how can we ensure the safety of Canadians?

(9) What health measures are in place to prevent any possible infectious diseases? There is always that risk from any foreign travel.

(10) As for sovereignty, are we in control of our country, or does the UN call the shots?

Far from being re-assuring, the lack of detail in the compact, and from the immigration minister make me wonder what exactly we are getting into. Does this not cause concern that we are signing over our sovereignty for something so vague?

Alex

At the time of publication, this followup had been sent to his office 5 days prior. Again, any response will be posted. And if he agrees to a telephone or in person meeting, the full content will be disclosed.

Canada’s Bill C-76 (Vouch Voting, No I.D. Necessary)

(Voting is critical to a democracy, but there must be safeguards)

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The full text for UN Global Migration Compact is RIGHT HERE.

Please sign this: PETITION E-1906 CLICK HERE
***********************************************************************

Bill C-76 is now getting its third reading in the House of Commons in Ottawa.

For some additional reading and context, this article covers citizenship and criminality for voting, while this article covers voter ID laws. They cover Canada/US/UK/Australia/New Zealand.

Cased in this omnibus bill, C-76 (which Liberals claim they hated while in opposition), is this, which waters down the requirements to vote legally in a Canadian election. From the summary:

The enactment also amends the Act to modernize voting services, facilitate enforcement and improve various aspects of the administration of elections and of political financing. Among other things that it does in this regard, the enactment….

(d) authorizes the Minister of Citizenship and Immigration to provide the Chief Electoral Officer with information about permanent residents and foreign nationals for the purpose of updating the Register of Electors;

(e) removes the prohibition on the Chief Electoral Officer authorizing the notice of confirmation of registration (commonly known as a “voter information card”) as identification;

(f) replaces, in the context of voter identification, the option of attestation for residence with an option of vouching for identity and residence;

(g) removes the requirement for electors’ signatures during advance polls, changes procedures for the closing of advance polls and allows for counting ballots from advance polls one hour before the regular polls close;

(h) replaces the right or obligation to take an oath with a right or obligation to make a solemn declaration, and streamlines the various declarations that electors may have the right or obligation to make under specific circumstances;

Yes, this is what is seems. (e) allows for Voter ID cards to be used as actual ID; (f) without ID, you can just sign an attestation or have somebody vouch for you; (g) means no signatures necessary in advance polling; (h) No oath needed after all?!

Rebutting those claims:
Leftist and social justice types claim that having strict voter ID laws is discrimination, as it makes it harder for poor people, and disadvantaged groups to get their voices heard. These disadvantaged people don’t often have proper ID or paperwork. They also claim that there is no evidence of “voter fraud”, despite what more right leaning people claim. However, these assertions are easily debunked.

(1) How is it discrimination to ensure that everyone voting has photo identification. There is no discrimination for the simple reason that everyone gets treated the same.

(2) Everyone who is a citizen of Canada or a legal resident has some sort of paper trail. They have a birth certificate (if born in Canada), or a citizenship card (if immigrated legally). However, if someone in the country illegally was trying to vote, then they wouldn’t have “documentation”.

(3) Everyone legally in the country is able to get photo ID, and to imply they are unable to is condescending. This seems like a ruse to make it easier for non-citizens to vote.

(4) There is the rebuttal that there are no documented cases of voter fraud. However, if the person is “undocumented”, then there would be no documentation of fraud. Bizarrely, lefties are actually correct about this.

(5) If, as they claim, large groups are unable to get valid photo identification for years on end, should they really be making decisions on the future of the country?

Now, for some of the revisions in the bill:

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ORIGINAL

Alternative proof of residence

143(3) An elector who proves his or her identity by providing two pieces of identification of a type authorized under subsection (2.1) that establish the elector’s name may instead prove his or her residence by taking an oath in writing in the prescribed form — the form including the statement that he or she has received the oral advice set out in subsection 143.1(1) — if he or she is accompanied by another elector whose name appears on the list of electors for the same polling division who

(a) proves their own identity and residence to the deputy returning officer and poll clerk by providing the piece or pieces of identification referred to in paragraph (2)(a) or (b), respectively; and

(b) attests to the elector’s residence on oath in writing in the prescribed form, the form including the statements that

(i) they have received the oral advice set out in subsection 143.1(2),
(ii) they know the elector personally,
(iii) they know that the elector resides in the polling division,
(iv) they have not attested to the residence of another elector at the election, and
(v) their own residence has not been attested to by another elector at the election.

REPLACEMENT

Subsection 143(3) of the Act is replaced by the following:

Solemn declaration

(3) An elector may instead prove his or her identity and residence by making the solemn declaration referred to in subsection 549.‍1(1) in writing if he or she is accompanied by another elector whose name appears on the list of electors for the same polling station and who

(a) provides the election officer referred to in subsection (1) with the piece or pieces of identification referred to in paragraph (2)‍(a) or (b), respectively; and
(b) vouches for the elector by making the solemn declaration referred to in subsection 549.‍1(2) in writing.

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ORIGINAL

Name and address corresponding closely to another
146 If a name and address in the list of electors correspond so closely with the name and address of a person who demands a ballot as to suggest that it is intended to refer to that person, the person shall not be allowed to vote unless he or she takes the prescribed oath.

Person in whose name another has voted
147 If a person asks for a ballot at a polling station after someone else has voted under that person’s name, the person shall not be allowed to vote unless he or she takes an oath in writing in the prescribed form. The form is to state the penalty that may be imposed under this Act on a person who is found guilty of requesting a second ballot at an election contrary to section 7 or of applying for a ballot in a name that is not his or her own contrary to paragraph 167(1)(a).

Name crossed off list in error
148 If an elector claims that his or her name has been crossed off in error from an official list of electors under subsection 176(2) or (3), the elector shall not be allowed to vote unless the returning officer verifies that the elector’s name was crossed off in error or the elector takes the oath referred to in section 147 in writing.

Failure to prove identity or residence
148.1 (1) An elector who fails to prove his or her identity and residence in accordance with section 143 or to take an oath otherwise required by this Act shall not receive a ballot or be allowed to vote

REPLACEMENT

Sections 146 to 148.‍1 of the Act are replaced by the following:

Name and address corresponding closely to another

146 If the name and address of a person who asks for a ballot do not appear in the list of electors but a different name and address in that list correspond so closely as to suggest that they are intended to refer to that person, the person shall not be allowed to vote unless he or she makes a solemn declaration in the prescribed form.

Person in whose name another has voted

147 (1) If a person asks for a ballot at a polling station after someone else has voted under that person’s name, the person shall not be allowed to vote unless he or she makes the solemn declaration referred to in subsection 549.‍1(1) in writing.

Requirement before making solemn declaration

(2) An election officer shall, before the person makes the solemn declaration, advise the person in writing of the penalty that may be imposed under this Act on a person who is found guilty of voting or attempting to vote more than once contrary to section 281.‍5 or of requesting or applying for a ballot or special ballot in a name that is not his or her own contrary to paragraph 281.‍7(1)‍(a).

Name crossed off list in error

148 If an elector claims that his or her name has been crossed off in error from an official list of electors under subsection 176(2) or (3), the elector shall not be allowed to vote unless the returning officer verifies that the elector’s name was crossed off in error or the elector makes the solemn declaration referred to in subsection 549.‍1(1) in writing.

Failure to prove identity or residence

148.‍1 (1) An elector who fails to prove his or her identity and residence in accordance with section 143 or to make a solemn declaration otherwise required by this Act shall not receive a ballot or be allowed to vote.

When elector refuses to make solemn declaration

(2) If an elector refuses to make a solemn declaration on the ground that he or she is not required to do so under this Act, the elector may appeal to the returning officer. If, after consultation with the election officer in whose opinion the elector is required to make the solemn declaration, the returning officer decides that the elector is not required to make it, and if the elector is entitled to vote in the polling division, the returning officer shall direct that he or she be allowed to do so.

***********************************************************

The bill goes on and on. Rather than go through the entire document, here is the takeaway:

The federal government, under the guise of “inclusivity” is watering down the requirements to vote. Demanding photo ID is a necessary step to ensure: (1) that the people voting are who they say they are; (2) that they have the right to vote in an election; (3) that they are not voting multiple times.

This requirement is not excessive, or an unreasonable thing to ask. However, it is an essential step in ensuring the fairness and accuracy of our elections.

Canada’s Bill C-75 (Watering Down Penalties for Terrorism, Rioting, Weapons)

(The Canadian Criminal Code, which typically gets amended every year)

Criminal offences in Canada are categorized like this

SUMMARY OFFENCE: more minor, lesser penalties (misdemeanor)
INDICTABLE OFFENCE: more serious, harsher penalties (felony)
HYBRID OFFENCE: Prosecutor has discretion as to proceed “summarily” or “by indictment”

For a good video on this subject, Julie Mora posted a video seen here. It had 2 parts: (a) an expanded gun registry, Bill C-71, and (b) changes to the Canadian Criminal Code, Bill C-75. Julie is a fine blogger, and her videos are well worth a watch by all Canadians. She claims in this video that the bill will “hybridize” many serious charges, meaning that they may now be tried summarily. And she is right. Below are the major points.

This is not trivial at all. Terrorism and rioting offence should be treated seriously. Yet, if this bill were actually to pass, the penalties for serious crimes may be gutted. True, for hybrid offences, Prosecutors could still choose to try the case by indictment. However, most people would agree that the option should not exist

Relevant links are below:
CLICK HERE for the Criminal Code as it currently exists.
CLICK HERE for the Liberal Bill C-75.

***********************************************************
ORIGINAL

Marginal note:
Punishment of rioter
65 (1) Every one who takes part in a riot is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
Marginal note:
Concealment of identity
(2) Every person who commits an offence under subsection (1) while wearing a mask or other disguise to conceal their identity without lawful excuse is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years.

REPLACEMENT

Punishment of rioter

65 (1) Every person who takes part in a riot is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than two years; or

(b) an offence punishable on summary conviction.

Concealment of identity

(2) Every person who commits an offence under subsection (1) while wearing a mask or other disguise to conceal their identity without lawful excuse is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than10 years; or

(b) an offence punishable on summary conviction.

***********************************************************
ORIGINAL

Neglect by peace officer
69 A peace officer who receives notice that there is a riot within his jurisdiction and, without reasonable excuse, fails to take all reasonable steps to suppress the riot is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

REPLACEMENT

Neglect by peace officer

69 A peace officer who receives notice that there is a riot within their jurisdiction and, without reasonable excuse, fails to take all reasonable steps to suppress the riot is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than two years; or

(b) an offence punishable on summary conviction.

***********************************************************

ORIGINAL

Possession without lawful excuse
82 (1) Every person who, without lawful excuse, the proof of which lies on the person, makes or has in the possession or under the care or control of the person any explosive substance is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

REPLACEMENT

14 Subsection 82(1) of the Act is replaced by the following:

Possession of explosive

82 (1) Every person who, without lawful excuse, makes or has in their possession or under their care or control any explosive substance is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or

(b) an offence punishable on summary conviction.
***********************************************************

ORIGINAL

Financing of Terrorism
Marginal note:
Providing or collecting property for certain activities
83.02 Every one who, directly or indirectly, wilfully and without lawful justification or excuse, provides or collects property intending that it be used or knowing that it will be used, in whole or in part, in order to carry out
(a) an act or omission that constitutes an offence referred to in subparagraphs (a)(i) to (ix) of the definition of terrorist activity in subsection 83.01(1), or
(b) any other act or omission intended to cause death or serious bodily harm to a civilian or to any other person not taking an active part in the hostilities in a situation of armed conflict, if the purpose of that act or omission, by its nature or context, is to intimidate the public, or to compel a government or an international organization to do or refrain from doing any act,
is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years.

REPLACEMENT

Providing or collecting property for certain activities

83.‍02 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, directly or indirectly, wilfully and without lawful justification or excuse, provides or collects property intending that it be used or knowing that it will be used, in whole or in part, in order to carry out

***********************************************************

ORIGINAL

Providing, making available, etc., property or services for terrorist purposes
83.03 Every one who, directly or indirectly, collects property, provides or invites a person to provide, or makes available property or financial or other related services
(a) intending that they be used, or knowing that they will be used, in whole or in part, for the purpose of facilitating or carrying out any terrorist activity, or for the purpose of benefiting any person who is facilitating or carrying out such an activity, or
(b) knowing that, in whole or part, they will be used by or will benefit a terrorist group,
is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years.

REPLACEMENT

Providing, making available, etc.‍, property or services for terrorist purposes

83.‍03 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, directly or indirectly, collects property, provides or invites a person to provide, or makes available property or financial or other related services

***********************************************************

ORIGINAL

Using or possessing property for terrorist purposes
83.04 Every one who
(a) uses property, directly or indirectly, in whole or in part, for the purpose of facilitating or carrying out a terrorist activity, or
(b) possesses property intending that it be used or knowing that it will be used, directly or indirectly, in whole or in part, for the purpose of facilitating or carrying out a terrorist activity,
is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years.

REPLACEMENT

Using or possessing property for terrorist purposes

83.‍04 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who

***********************************************************

ORIGINAL

Offences — freezing of property, disclosure or audit
83.12 (1) Every one who contravenes any of sections 83.08, 83.1 and 83.11 is guilty of an offence and liable
(a) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both; or
(b) on conviction on indictment, to imprisonment for a term of not more than 10 years.

REPLACEMENT

Paragraphs 83.‍12(1)‍(a) and (b) of the Act are replaced by the following:

(a) on conviction on indictment, to imprisonment for a term of not more than 10 years; or
(b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than two years less a day, or to both.

***********************************************************

ORIGINAL

Participation in activity of terrorist group
83.18 (1) Every one who knowingly participates in or contributes to, directly or indirectly, any activity of a terrorist group for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

REPLACEMENT

Participation in activity of terrorist group

83.‍18 (1) Every person who knowingly participates in or contributes to, directly or indirectly, any activity of a terrorist group for the purpose of enhancing the ability of any terrorist group to facilitate or carry out a terrorist activity is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than10 years; or

(b) an offence punishable on summary conviction.

***********************************************************

ORIGINAL

Leaving Canada to participate in activity of terrorist group
83.181 Everyone who leaves or attempts to leave Canada, or goes or attempts to go on board a conveyance with the intent to leave Canada, for the purpose of committing an act or omission outside Canada that, if committed in Canada, would be an offence under subsection 83.18(1) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years

REPLACEMENT

21 Section 83.‍181 of the Act is replaced by the following:

Leaving Canada to participate in activity of terrorist group

83.‍181 Every person who leaves or attempts to leave Canada, or goes or attempts to go on board a conveyance with the intent to leave Canada, for the purpose of committing an act or omission outside Canada that, if committed in Canada, would be an offence under subsection 83.‍18(1) is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

(b) an offence punishable on summary conviction.

***********************************************************

ORIGINAL

Advocating or promoting commission of terrorism offences
83.221 (1) Every person who, by communicating statements, knowingly advocates or promotes the commission of terrorism offences in general — other than an offence under this section — while knowing that any of those offences will be committed or being reckless as to whether any of those offences may be committed, as a result of such communication, is guilty of an indictable offence and is liable to imprisonment for a term of not more than five years.

REPLACEMENT

22 Subsection 83.‍221(1) of the Act is replaced by the following:

Advocating or promoting commission of terrorism offences

83.‍221 (1) Every person who, by communicating statements, knowingly advocates or promotes the commission of terrorism offences in general — other than an offence under this section — while knowing that any of those offences will be committed or being reckless as to whether any of those offences may be committed, as a result of such communication, is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or

(b) an offence punishable on summary conviction

***********************************************************

ORIGINAL

Concealing person who carried out terrorist activity
83.23 (1) Everyone who knowingly harbours or conceals any person whom they know to be a person who has carried out a terrorist activity, for the purpose of enabling the person to facilitate or carry out any terrorist activity, is guilty of an indictable offence and liable to imprisonment
(a) for a term of not more than 14 years, if the person who is harboured or concealed carried out a terrorist activity that is a terrorism offence for which that person is liable to imprisonment for life; and
(b) for a term of not more than 10 years, if the person who is harboured or concealed carried out a terrorist activity that is a terrorism offence for which that person is liable to any other punishment.

REPLACEMENT

Concealing person who carried out terrorist activity

83.‍23 (1) Every person who knowingly harbours or conceals another person whom they know to be a person who has carried out a terrorist activity, for the purpose of enabling that other person to facilitate or carry out any terrorist activity, is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than 14 years, if the person who is harboured or concealed carried out a terrorist activity that is a terrorism offence for which that person is liable to imprisonment for life; and
(b) an indictable offence and liable to imprisonment for a term of not more than 10 years or an offence punishable on summary conviction, if the person who is harboured or concealed carried out a terrorist activity that is a terrorism offence for which that person is liable to any other punishment.

***********************************************************

ORIGINAL

Concealing person who is likely to carry out terrorist activity
(2) Everyone who knowingly harbours or conceals any person whom they know to be a person who is likely to carry out a terrorist activity, for the purpose of enabling the person to facilitate or carry out any terrorist activity, is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

REPLACEMENT

Concealing person who is likely to carry out terrorist activity

(2) Every person who knowingly harbours or conceals another person whom they know to be a person who is likely to carry out a terrorist activity, for the purpose of enabling that other person to facilitate or carry out any terrorist activity, is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

(b) an offence punishable on summary conviction

***********************************************************

ORIGINAL

Person to be brought before judge
(3) A peace officer who arrests a person in the execution of the warrant shall, without delay, bring the person, or cause them to be brought, before the judge who issued the warrant or another judge of the same court. The judge in question may, to ensure compliance with the order, order that the person be detained in custody or released on recognizance, with or without sureties.

REPLACEMENT

25 Subsection 83.‍29(3) of the Act is replaced by the following:

Person to be brought before judge

(3) A peace officer who arrests a person in the execution of a warrant shall, without delay, bring the person, or cause the person to be brought, before the judge who issued the warrant or another judge of the same court. The judge in question may, to ensure compliance with the order, order that the person be detained in custody or make a release order, the form of which may be adapted to suit the circumstances.

[Note: the new wording is such that is seems intended to make it easier to release suspected terrorists]

***********************************************************

ORIGINAL

Possession of prohibited or restricted firearm with ammunition

Punishment
(2) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 10 years and to a minimum punishment of imprisonment for a term of
(i) in the case of a first offence, three years, and
(ii) in the case of a second or subsequent offence, five years; or
(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.

REPLACEMENT

27 Paragraph 95(2)‍(b) of the Act is replaced by the following:

(b) is guilty of an offence punishable on summary conviction.

***********************************************************

ORIGINAL

Possession of weapon obtained by commission of offence

96 (1) Subject to subsection (3), every person commits an offence who possesses a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition that the person knows was obtained by the commission in Canada of an offence or by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence.
Marginal note:
Punishment
(2) Every person who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; or
(b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding one year.

REPLACEMENT

28 Paragraph 96(2)‍(b) of the Act is replaced by the following:

(b) is guilty of an offence punishable on summary conviction.

***********************************************************

As absurd as it sounds, here is the “SUMMARY” of Bill C-75.


SUMMARY

This enactment amends the Criminal Code to, among other things,
(a) modernize and clarify interim release provisions to simplify the forms of release that may be imposed on an accused, incorporate a principle of restraint and require that particular attention be given to the circumstances of Aboriginal accused and accused from vulnerable populations when making interim release decisions, and provide more onerous interim release requirements for offences involving violence against an intimate partner;
(b) provide for a judicial referral hearing to deal with administration of justice offences involving a failure to comply with conditions of release or failure to appear as required;
(c) abolish peremptory challenges of jurors, modify the process of challenging a juror for cause so that a judge makes the determination of whether a ground of challenge is true, and allow a judge to direct that a juror stand by for reasons of maintaining public confidence in the administration of justice;
(d) increase the maximum term of imprisonment for repeat offences involving intimate partner violence and provide that abuse of an intimate partner is an aggravating factor on sentencing;
(e) restrict the availability of a preliminary inquiry to offences punishable by imprisonment for life and strengthen the justice’s powers to limit the issues explored and witnesses to be heard at the inquiry;
(f) hybridize most indictable offences punishable by a maximum penalty of 10 years or less, increase the default maximum penalty to two years less a day of imprisonment for summary conviction offences and extend the limitation period for summary conviction offences to 12 months;
(g) remove the requirement for judicial endorsement for the execution of certain out-of-province warrants and authorizations, expand judicial case management powers, allow receiving routine police evidence in writing, consolidate provisions relating to the powers of the Attorney General and allow increased use of technology to facilitate remote attendance by any person in a proceeding;
(h) allow the court to exempt an offender from the requirement to pay a victim surcharge if the offender satisfies the court that the payment would cause the offender undue hardship, provide the court with guidance as to what constitutes undue hardship, provide that a victim surcharge is to be paid for each offence, with an exception for certain administration of justice offences if the total amount of surcharges imposed on an offender for those types of offences would be disproportionate in the circumstances, require courts to provide reasons for granting any exception for certain administration of justice offences or any exemption from the requirement to pay a victim surcharge and clarify that the amendments described in this paragraph apply to any offender who is sentenced after the day on which they come into force, regardless of whether or not the offence was committed before that day; and
(i) remove passages and repeal provisions that have been ruled unconstitutional by the Supreme Court of Canada, repeal section 159 of the Act and provide that no person shall be convicted of any historical offence of a sexual nature unless the act that constitutes the offence would constitute an offence under the Criminal Code if it were committed on the day on which the charge was laid.

The enactment also amends the Youth Criminal Justice Act in order to reduce delays within the youth criminal justice system and enhance the effectiveness of that system with respect to administration of justice offences. For those purposes, the enactment amends that Act to, among other things,
(a) set out principles intended to encourage the use of extrajudicial measures and judicial reviews as alternatives to the laying of charges for administration of justice offences;
(b) set out requirements for imposing conditions on a young person’s release order or as part of a sentence;
(c) limit the circumstances in which a custodial sentence may be imposed for an administration of justice offence;
(d) remove the requirement for the Attorney General to determine whether to seek an adult sentence in certain circumstances; and
(e) remove the power of a youth justice court to make an order to lift the ban on publication in the case of a young person who receives a youth sentence for a violent offence, as well as the requirement to determine whether to make such an order.

Finally, the enactment amends among other Acts An Act to amend the Criminal Code (exploitation and trafficking in persons) so that certain sections of that Act can come into force on different days and also makes consequential amendments to other Acts.
Bill C-75 is too long to possibly cover entirely in one article, though this is the most serious of it.

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Having much smaller bills introduced would certainly be preferable. Far too often, governments ram through much unrelated material into a bill, called “omnibus bills”, such that proper debate never actually happens.

A more thorough debate could be had if this were broken up into 6-8 separate bills

And just reiterate, terrorism and other major crimes should always be tried by indictment.

Ontario Gov’t Using Notwithstanding Clause to Shrink Toronto City Council (Bill 5)

Ontario Premier Doug Ford. (Source: HuffPost)

Ontario’s new Conservative Premier Doug Ford is attempting to shrink the Toronto City Council almost in half (from 47 to 25 members).  The main argument is that the ever expanding size of the council does nothing to actually improve representation and effectiveness.  Rather, it just leads to increased staff and costs for taxpayers.

Faith Goldy, currently running for Mayor of Toronto in October 22 election posted a YouTube video seen HERE, commenting on it.  An amusing video.

On July 30, 2018, Bill 5, the “Better Local Government Act” got its first reading.  August 14 saw it receive 2nd and 3rd readings and be passed.  However, the Toronto City Council voted to proceed with a legal challenge against it in court.

The Council claimed that the bill violated the Canadian Charter of Rights and Freedoms.  See HERE for a link to the text of the Charter.

On September 10, an Ontario Superior Court Judge ruled that the Provincial Government’s decision violated Section 2(b) of the Charter, which states:  Everyone has the following fundamental freedoms: …… (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;”.  Specifically, the Judge ruled that the Bill violated Torontonians’ right to “freedom of expression”.

To put it in more detail, because of the ongoing Mayoral and Council elections, cutting the Council size, it substantially interfered with municipal voters’ freedom of expression and the “right to cast a vote that can result in effective representation”.

However, the Ontario Government has decided to re-introduce the Bill, and instead rely on a different part of the Canadian Charter, Section 33, which is the “Notwithstanding Clause”.  In short, this provision allows a Provincial or Federal Government to pass laws even though a Court considers them unconstitutional.  33(1) reads as follows:

 (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.”

To be fair, Section 33(3) of the Charter states that legislation passed this way will cease to have effect after 5 years.

The “Notwithstanding Clause” has been a part of the Charter since its inception, but has very rarely been used.

Application of Charter
32. (1) This Charter applies

(a) to the Parliament and government of Canada in respect of all matters within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; and

(b) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province.

There is an interesting twist to this story: The Charter effects both the Federal Government, and the Provinces and Territories. (See above for Section 32). However, Canada is also governed by the Principle of Paramouncy. In short, in the cases of competing laws, the highest power will succeed. Put plainly, Federal law tops Provincial law, and Provincial law tops Municipal law. There is a good deal of logic to this, as Federal law would mean nothing if cities and Provinces could simply legislate their way aroung it.

An exception to this of course: is that the various levels of power cannot legislate if doing so steps outside their legal boundaries. Sections 91 and 92 of the Constitution spell out exactly whose powers are whose.

Hypothetically, the Federal Government could invoke “their” Notwithstanding Clause in order to override “Ontario’s” Notwithstanding Clause. But that doesn’t seem to be happening, at least for now.

A very interesting use of the Notwithstanding Clause. Shows at least the Ontario Government is serious about cutting the size of government. We shall keep an eye on it.

AN UPDATE TO THE STORY: On, September 19, 2018, the Ontario Court of Appeals stayed the order of the Ontario Superior Court, effectively giving Premier Ford the go ahead to shrink Toronto City Council. An interesting note here — while the Court of Appeals did say that shrinking the Council in the middle of a municipal election was unfair, unfairness by itself is not a reason to stop Bill 5.