Category: Canadian Bills

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Bill C-21: Firearms Bill Adding “Transborder Criminality” To IRPA

This Bill redefines replica firearms, and brings Red Flag and Yellow Flag Laws onto Canadian gun owners, regardless of how law abiding these people may be. It also makes changes to IRPA, the Immigration and Refugee Protection Act.

Immigration & Refugee Protection Act
Canada Criminal Code
Text Of Bill C-21

1. Canada Immigration & Refugee Protection Act

Minister of Public Safety and Emergency Preparedness
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(2) The Minister of Public Safety and Emergency Preparedness is responsible for the administration of this Act as it relates to
(a) examinations at ports of entry;
(b) the enforcement of this Act, including arrest, detention and removal;
(c) the establishment of policies respecting the enforcement of this Act and inadmissibility on grounds of security, organized criminality or violating human or international rights; or
(d) declarations referred to in section 42.1.

Criminality
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36(2) A foreign national is inadmissible on grounds of criminality for
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(a) having been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence;
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(b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament;
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(c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament; or
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(d) committing, on entering Canada, an offence under an Act of Parliament prescribed by regulations.

Bill C-21 would add Section 36(2.1) or “transborder criminality” onto this section. Presumably this refers to things like weapons smuggling, but a more precise definition would be appreciation

[SERIOUS CRIMINALITY]
36(3) The following provisions govern subsections (1) and (2):
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(a) an offence that may be prosecuted either summarily or by way of indictment is deemed to be an indictable offence, even if it has been prosecuted summarily;
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(b) inadmissibility under subsections (1) and (2) may not be based on a conviction in respect of which a record suspension has been ordered and has not been revoked or ceased to have effect under the Criminal Records Act, or in respect of which there has been a final determination of an acquittal;
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(c) the matters referred to in paragraphs (1)(b) and (c) and (2)(b) and (c) do not constitute inadmissibility in respect of a permanent resident or foreign national who, after the prescribed period, satisfies the Minister that they have been rehabilitated or who is a member of a prescribed class that is deemed to have been rehabilitated;
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(d) a determination of whether a permanent resident has committed an act described in paragraph (1)(c) must be based on a balance of probabilities; and
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(e) inadmissibility under subsections (1) and (2) may not be based on an offence
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(i) designated as a contravention under the Contraventions Act,
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(ii) for which the permanent resident or foreign national is found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or
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(iii) for which the permanent resident or foreign national received a youth sentence under the Youth Criminal Justice Act.

36(3)(b) is changed to include transborder criminality in grounds, if a person has been pardoned, or acquitted finally. Similarly, 36(3)(e) brings transborder criminality into consideration for young offenders. These are just a few quotes from IRPA, the Immigration & Refugee Protection Act.

2. Changes Bill C-21 Would Make To IRPA

Immigration and Refugee Protection Act
44 Paragraph 4(2)‍(c) of the Immigration and Refugee Protection Act is replaced by the following:

(c) the establishment of policies respecting the enforcement of this Act and inadmissibility on grounds of security, organized criminality, violating human or international rights or transborder criminality; or

45 (1) Paragraphs 36(1)‍(a) to (c) of the French version of the Act are replaced by the following:

a) être déclaré coupable au Canada d’une infraction prévue sous le régime d’une loi fédérale punissable d’un emprisonnement maximal d’au moins dix ans ou d’une infraction prévue sous le régime d’une loi fédérale pour laquelle un emprisonnement de plus de six mois est infligé;
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b) être déclaré coupable, à l’extérieur du Canada, d’une infraction qui, commise au Canada, constituerait une infraction sous le régime d’une loi fédérale punissable d’un emprisonnement maximal d’au moins dix ans;
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c) commettre, à l’extérieur du Canada, une infraction qui, commise au Canada, constituerait une infraction sous le régime d’une loi fédérale punissable d’un emprisonnement maximal d’au moins dix ans.

(2) Paragraphs 36(2)‍(a) to (c) of the French version of the Act are replaced by the following:

a) être déclaré coupable au Canada d’une infraction prévue sous le régime d’une loi fédérale punissable par mise en accusation ou de deux infractions prévues sous le régime de toute loi fédérale qui ne découlent pas des mêmes faits;
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b) être déclaré coupable, à l’extérieur du Canada, d’une infraction qui, commise au Canada, constituerait une infraction sous le régime d’une loi fédérale punissable par mise en accusation ou de deux infractions qui ne découlent pas des mêmes faits et qui, commises au Canada, constitueraient des infractions sous le régime de toute loi fédérale;
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c) commettre, à l’extérieur du Canada, une infraction qui, commise au Canada, constituerait une infraction sous le régime d’une loi fédérale punissable par mise en accusation;

(3) Subsection 36(2) of the Act is amended by adding “or” at the end of paragraph (b), by striking out “or” at the end of paragraph (c) and by repealing paragraph (d).

(4) Section 36 of the Act is amended by adding the following after subsection (2):

Transborder criminality
(2.‍1) A foreign national is inadmissible on grounds of transborder criminality for committing, on entering Canada, a prescribed offence under an Act of Parliament.

(5) The portion of subsection 36(3) of the Act before paragraph (a) is replaced by the following:
Application

(3) The following provisions govern subsections (1) to (2.‍1):

(6) Paragraph 36(3)‍(b) of the English version of the Act is replaced by the following:

(b) inadmissibility under subsections (1) to (2.‍1) may not be based on a conviction in respect of which a record suspension has been ordered and has not been revoked or ceased to have effect under the Criminal Records Act, or in respect of which there has been a final determination of an acquittal;

(7) The portion of paragraph 36(3)‍(e) of the English version of the Act before subparagraph (i) is replaced by the following:

(e) inadmissibility under subsections (1) to (2.‍1) may not be based on an offence

46 Paragraph 37(1)‍(a) of the French version of the Act is replaced by the following:

a) être membre d’une organisation dont il y a des motifs raisonnables de croire qu’elle se livre ou s’est livrée à des activités faisant partie d’un plan d’activités criminelles organisées par plusieurs personnes agissant de concert en vue de la perpétration d’une infraction prévue sous le régime d’une loi fédérale punissable par mise en accusation ou de la perpétration, hors du Canada, d’une infraction qui, commise au Canada, constituerait une telle infraction, ou se livrer à des activités faisant partie d’un tel plan;

47 Paragraph 55(3)‍(b) of the Act is replaced by the following:

(b) has reasonable grounds to suspect that the permanent resident or the foreign national is inadmissible on grounds of security, violating human or international rights, serious criminality, criminality, transborder criminality or organized criminality.

48 Paragraph 58(1)‍(c) of the Act is replaced by the following:

(c) the Minister is taking necessary steps to inquire into a reasonable suspicion that they are inadmissible on grounds of security, violating human or international rights, serious criminality, criminality, transborder criminality or organized criminality;

49 Subsection 68(4) of the Act is replaced by the following:

Termination and cancellation
(4) If the Immigration Appeal Division has stayed a removal order against a permanent resident or a foreign national who was found inadmissible on grounds of serious criminality, criminality or transborder criminality, and they are convicted of another offence referred to in subsection 36(1), the stay is cancelled by operation of law and the appeal is terminated.

50 Paragraph 100(2)‍(b) of the French version of the Act is replaced by the following:

b) il l’estime nécessaire, afin qu’il soit statué sur une accusation pour une infraction prévue sous le régime d’une loi fédérale punissable d’un emprisonnement maximal d’au moins dix ans.

51 Paragraphs 101(2)‍(a) and (b) of the French version of the Act are replaced by the following:

a) une déclaration de culpabilité au Canada pour une infraction prévue sous le régime d’une loi fédérale punissable d’un emprisonnement maximal d’au moins dix ans;
b) une déclaration de culpabilité à l’extérieur du Canada pour une infraction qui, commise au Canada, constituerait une infraction sous le régime d’une loi fédérale punissable d’un emprisonnement maximal d’au moins dix ans.

52 Paragraph 103(1)‍(b) of the French version of the Act is replaced by the following:

b) il l’estime nécessaire, afin qu’il soit statué sur une accusation pour une infraction prévue sous le régime d’une loi fédérale punissable d’un emprisonnement maximal d’au moins dix ans.

53 Subsection 105(1) of the French version of the Act is replaced by the following:

Sursis
105 (1) La Section de la protection des réfugiés ou la Section d’appel des réfugiés sursoit à l’étude de l’affaire si la personne est visée par un arrêté introductif d’instance pris au titre de l’article 15 de la Loi sur l’extradition pour une infraction prévue sous le régime d’une loi fédérale punissable d’un emprisonnement d’une durée maximale égale ou supérieure à dix ans tant qu’il n’a pas été statué en dernier ressort sur la demande d’extradition.

54 Paragraph 112(3)‍(b) of the French version of the Act is replaced by the following:

b) il est interdit de territoire pour grande criminalité pour déclaration de culpabilité au Canada pour une infraction prévue sous le régime d’une loi fédérale punissable d’un emprisonnement maximal d’au moins dix ans ou pour toute déclaration de culpabilité à l’extérieur du Canada pour une infraction qui, commise au Canada, constituerait une infraction sous le régime d’une loi fédérale punissable d’un emprisonnement maximal d’au moins dix ans;

55 (1) Subparagraph 113(e)‍(i) of the Act is replaced by the following:

(i) an applicant who is determined to be inadmissible on grounds of serious criminality with respect to a conviction in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years for which a term of imprisonment of less than two years — or no term of imprisonment — was imposed, and

(2) Subparagraph 113(e)‍(ii) of the French version of the Act is replaced by the following:

(ii) celui qui est interdit de territoire pour grande criminalité pour déclaration de culpabilité à l’extérieur du Canada pour une infraction qui, commise au Canada, constituerait une infraction sous le régime d’une loi fédérale punissable d’un emprisonnement maximal d’au moins dix ans, sauf s’il a été conclu qu’il est visé à la section F de l’article premier de la Convention sur les réfugiés.

Immigration and Refugee Protection Regulations
58 The portion of section 19 of the Immigration and Refugee Protection Regulations before paragraph (a) is replaced by the following:

Transborder crime
19 For the purposes of subsection 36(2.‍1) of the Act, indictable offences under the following Acts of Parliament are prescribed:

It says that certain indictable offences under the following Acts are prescribed, but then it doesn’t list them. Is there an oversight here?

59 Paragraph 229(1)‍(d) of the Regulations is replaced by the following:
(d) a deportation order, if they are inadmissible under paragraph 36(2)‍(b) or (c) of the Act on grounds of criminality or under subsection 36(2.‍1) of the Act on grounds of transborder criminality;
60 Paragraph 230(3)‍(c) of the Regulations is replaced by the following:
(c) is inadmissible under subsection 36(1) of the Act on grounds of serious criminality, under subsection 36(2) of the Act on grounds of criminality or under subsection 36(2.‍1) of the Act on grounds of transborder criminality;

This Bill would add “transborder criminality” as a reason to prevent someone from entering Canada, to imprison, or to deport. While this sounds fine, some clarity would be appreciated.

3. IRPA Also Lets Inadmissibles In Legally

Temporary resident permit
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24 (1) A foreign national who, in the opinion of an officer, is inadmissible or does not meet the requirements of this Act becomes a temporary resident if an officer is of the opinion that it is justified in the circumstances and issues a temporary resident permit, which may be cancelled at any time.

Public policy considerations
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25.2 (1) The Minister may, in examining the circumstances concerning a foreign national who is inadmissible or who does not meet the requirements of this Act, grant that person permanent resident status or an exemption from any applicable criteria or obligations of this Act if the foreign national complies with any conditions imposed by the Minister and the Minister is of the opinion that it is justified by public policy considerations.

As addressed here, here, here and here, there are at least 2 provisions in IRPA that allow people who are otherwise inadmissible to be LEGALLY let it. This happens daily.

4. Confusion Around Sentencing Range

Bill C-21 includes increasing the range of sentences for several gun crimes from a 10 year maximum, to a 14 year maximum. This is one of the truly reasonable sections of the legislation.

Replacement of “10” and “ten” with “14”
14 The Act is amended by replacing “10” and “ten” with “14” in the following provisions:
(a) paragraph 95(2)‍(a);
(b) paragraph 96(2)‍(a);
(c) the portion of subsection 99(2) before paragraph (a) and subsection 99(3);
(d) the portion of subsection 100(2) before paragraph (a) and subsection 100(3); and
(e) the portion of subsection 103(2) before paragraph (a) and subsection 103(2.‍1).

That being said, Bill C-22 (another piece before Parliament), seeks to eliminate the mandatory minimum sentences on many serious gun crimes. Overall, these are very strange, and somewhat conflicting portions.

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Bill C-21: Redefining Replica Firearms, Turning Them Into Prohibited Weapons

This Bill brings Red Flag and Yellow Flag Laws onto Canadian gun owners, regardless of how law abiding they may be. It also redefines what a “replica” is, and potentially causes more problems.

1. What Criminal Code Currently Says

replica firearm means any device that is designed or intended to exactly resemble, or to resemble with near precision, a firearm, and that itself is not a firearm, but does not include any such device that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm; (réplique)

The Criminal Code, under Section 84(1), already has a definition for a replica firearm, and it’s a pretty clear one. However, this would make changes to it regarding energy of the discharge, and speed.

2. Changes Bill C-21 Would Make To Code

1 (1) The definition replica firearm in subsection 84(1) of the Criminal Code is replaced by the following:

replica firearm means any device that is designed or intended to exactly resemble, or to resemble with near precision, a firearm that is designed or adapted to discharge a shot, bullet or other projectile at a muzzle velocity exceeding 152.‍4 m per second and at a muzzle energy exceeding 5.‍7 Joules, and that itself is not a firearm, but does not include any such device that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm; (réplique)

(2) Section 84 of the Act is amended by adding the following after subsection (3.‍1):

Certain firearms deemed to be prohibited devices
(3.‍2) For the purposes of sections 99 to 101, 103 to 107 and 117.‍03, a firearm is deemed to be a prohibited device if
(a) it is proved that the firearm is not designed or adapted to discharge a shot, bullet or other projectile at a muzzle velocity exceeding 152.‍4 m per second or at a muzzle energy exceeding 5.‍7 Joules; and
(b) the firearm is designed or intended to exactly resemble, or to resemble with near precision, a firearm, other than an antique firearm, that is designed or adapted to discharge a shot, bullet or other projectile at a muzzle velocity exceeding 152.‍4 m per second and at a muzzle energy exceeding 5.‍7 Joules.

From this new definition, could air guns, airsoft guns, paintball guns and pellet guns now be considered prohibited weapons? After all, many do “resemble” regular firearms.

By this new definition, many of those guns available for purchase by the general public might qualify. They aren’t designed for the same capacity as real ones. But “exactly resembling, or resembling with near precision” could be very subjective. It also raises the question of what kind of due diligence a person should do to ensure that their gun is not resembling (exactly, or with near precision), a prohibited weapon.

Since these aren’t standard firearms there’s no way to get a license to own them, unless that’s coming next. Is this a way to ban other types of “guns”, or is this just poor wording?

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Bill C-21: Yellow Flag Laws To Temporarily (Or Indefinitely) Suspend A Gun License

Red Flag Laws were covered previously. Bill C-21, would also allow for a Chief Firearms Officer to suspend or revoke the license of a person based on “reasonable grounds”. However, the wording is vague, and a reasonable interpretation is that a suspension could be renewed indefinitely. It also calls into question the due process options the person would have.

1. Gun Rights Are Essential, Need Protecting

The freedoms of a society can be gauged by the laws and attitudes they have towards firearms. Governments, and other groups can push around an unarmed population much easier than those who can defend themselves. It’s not conspiratorial to wonder about those pushing for gun control. In fact, healthy skepticism is needed for a society to function.

2. What The Firearms Act Currently Says On This

Refusal to Issue and Revocation
Marginal note: Licences and authorizations
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68 A chief firearms officer shall refuse to issue a licence if the applicant is not eligible to hold one and may refuse to issue an authorization to carry or authorization to transport for any good and sufficient reason.

Marginal note: Registration certificates
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69 The Registrar may refuse to issue a registration certificate, authorization to export or authorization to import for any good and sufficient reason including, in the case of an application for a registration certificate, where the applicant is not eligible to hold a registration certificate.

Marginal note: Revocation of licence or authorization
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70 (1) A chief firearms officer may revoke a licence, an authorization to carry or an authorization to transport for any good and sufficient reason including, without limiting the generality of the foregoing,
(a) where the holder of the licence or authorization
(i) is no longer or never was eligible to hold the licence or authorization,
(ii) contravenes any condition attached to the licence or authorization, or
(iii) has been convicted or discharged under section 730 of the Criminal Code of an offence referred to in paragraph 5(2)(a); or
(b) where, in the case of a business, a person who stands in a prescribed relationship to the business has been convicted or discharged under section 730 of the Criminal Code of any such offence.

Marginal note: Registrar
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(2) The Registrar may revoke an authorization to export or authorization to import for any good and sufficient reason.

Previous Version
Marginal note: Revocation of registration certificate
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71 (1) The Registrar
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(a) may revoke a registration certificate for a prohibited firearm or a restricted firearm for any good and sufficient reason; and
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(b) shall revoke a registration certificate for a firearm held by an individual where the Registrar is informed by a chief firearms officer under section 67 that the firearm is not being used for a purpose described in section 28.

Marginal note: Automatic revocation of registration certificate
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(2) A registration certificate for a prohibited firearm referred to in subsection 12(3) (pre-August 1, 1992 converted automatic firearms) is automatically revoked on the change of any alteration in the prohibited firearm that was described in the application for the registration certificate.

Marginal note:Notice of refusal to issue or revocation
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72 (1) Subject to subsection (1.1), if a chief firearms officer decides to refuse to issue or to revoke a licence or authorization to transport or the Registrar decides to refuse to issue or to revoke a registration certificate, authorization to export or authorization to import, the chief firearms officer or Registrar shall give notice of the decision in the prescribed form to the applicant for or holder of the licence, registration certificate or authorization.

Marginal note: When notice not required
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(1.1) Notice under subsection (1) need not be given in any of the following circumstances:
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(a) if the holder has requested that the licence, registration certificate or authorization be revoked; or
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(b) if the revocation is incidental to the issuance of a new licence, registration certificate or authorization.

Marginal note: Material to accompany notice
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(2) A notice given under subsection (1) must include reasons for the decision disclosing the nature of the information relied on for the decision and must be accompanied by a copy of sections 74 to 81.

Marginal note: Non-disclosure of information
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(3) A chief firearms officer or the Registrar need not disclose any information the disclosure of which could, in the opinion of the chief firearms officer or the Registrar, endanger the safety of any person.

Marginal note: Disposal of firearms
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(4) A notice given under subsection (1) in respect of a licence must specify a reasonable period during which the applicant for or holder of the licence may deliver to a peace officer or a firearms officer or a chief firearms officer or otherwise lawfully dispose of any firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition that the applicant for or holder of the licence possesses and during which sections 91, 92 and 94 of the Criminal Code do not apply to the applicant or holder.

Marginal note: Disposal of firearms — registration certificate
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(5) A notice given under subsection (1) in respect of a registration certificate for a prohibited firearm or a restricted firearm must specify a reasonable period during which the applicant for or holder of the registration certificate may deliver to a peace officer or a firearms officer or a chief firearms officer or otherwise lawfully dispose of the firearm to which the registration certificate relates and during which sections 91, 92 and 94 of the Criminal Code do not apply to the applicant or holder.

Marginal note: Reference
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(6) If the applicant for or holder of the licence or registration certificate refers the refusal to issue it or revocation of it to a provincial court judge under section 74, the reasonable period of time does not begin until after the reference is finally disposed of.

The Chief Firearms Officer or the Registrar already have significant powers in the Firearms Act to suspend or revoke licenses and authorizations for “any good and sufficient” reason”. Of course, this is very vague, and open to interpretation.

There is also the option to refuse to disclose information that could “endanger a person”. In practice, this can mean the person who made such a complaint to get the gun seizure would not have to be confronted by the person they accuse.

This Bill will go even further, and allow for 30 day suspensions of licences. Of course, nothing says that a suspension can’t be renewed — or another one handed out — 30 days later.

3. What Bill C-21 Would Change To Firearms Act

28 The heading before section 68 of the Act is replaced by the following:

Refusal to Issue, Suspension and Revocation

29 Section 68 of the Act is replaced by the following:

Refusal to issue — chief firearms officer
68 (1) A chief firearms officer shall refuse to issue a licence if the applicant is not eligible to hold one and may refuse to issue an authorization to carry referred to in paragraph 20(b) or an authorization to transport for any good and sufficient reason.

Refusal to issue — Commissioner
(2) The Commissioner may refuse to issue an authorization to carry referred to in paragraph 20(a) for any good and sufficient reason.

30 The Act is amended by adding the following after section 69:

Suspension
69.‍1 (1) If a chief firearms officer has reasonable grounds to suspect, on the basis of information that they have collected or received from any person, that the holder of a licence is no longer eligible to hold the licence, they may suspend, in respect of a licence, the holder’s authorization to use, acquire and import firearms for a period of up to 30 days.
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Notice
(2) A chief firearms officer shall give notice in writing of the suspension to the holder of the licence. The notice shall include reasons for the decision, the nature of the information relied on for the decision, the period of the suspension and a copy of this section and sections 69.‍2 and 70.
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Non-disclosure of information
(3) A chief firearms officer need not disclose any information the disclosure of which could, in their opinion, endanger the safety of any person.
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Termination of suspension
(4) A chief firearms officer shall terminate the suspension at the expiry of the period referred to in subsection (2) or, if they are satisfied that the grounds for the suspension no longer exist, at any time before the expiry of that period. The chief firearms officer shall give notice in writing of the termination of the suspension to the holder of the licence.

Prohibition on use, acquisition and importation
69.‍2 The holder of a licence shall not use, acquire or import firearms while their authorizations to do so are suspended under subsection 69.‍1(1).

31 (1) The portion of subsection 70(1) of the Act before paragraph (a) is replaced by the following:

Revocation of licence or authorization
70 (1) A chief firearms officer may revoke a licence, an authorization to carry referred to in paragraph 20(b) or an authorization to transport — and the Commissioner may revoke an authorization to carry referred to in paragraph 20(a) — for any good and sufficient reason including, without limiting the generality of the foregoing,
(2) Subsection 70(1) of the Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after paragraph (a):
(a.‍1) where the holder of the licence uses, acquires or imports a firearm while their authorizations to do so are suspended under subsection 69.‍1(1); or

32 Section 71 of the Act is amended by adding the following after subsection (2):

Automatic revocation of registration certificate
(3) A registration certificate for a handgun is automatically revoked on the failure of the holder to provide to a chief firearms officer, during the 180 day period referred to in subsection 58.‍01(2), the information required to update the registration certificate for that handgun.

33 Subsection 72(6) of the Act is replaced by the following:

Reference
(6) If the applicant for or holder of a licence or registration certificate refers the refusal to issue it or revocation of it to a provincial court judge under section 74 they shall, within 30 days after referring the matter, deliver to a peace officer or otherwise lawfully dispose of any firearm that they possess. Sections 91, 92 and 94 of the Criminal Code do not apply to the applicant or holder during that time.

Order — return of firearm
(7) If the decision of the chief firearms officer or the Registrar is confirmed, the judge shall, if a firearm was delivered to a peace officer under subsection (6), order the return of the firearm to the applicant for or holder of the licence or registration certificate, in order for the applicant or holder to lawfully dispose of it.

A Chief Firearms Officer can revoke a license for any “good and sufficient” reason. The information can come from anyone, and there is no requirement that the person be named, if done for safety reasons. In short, there is no real right to confront the accuser.

A license can be suspended for 30 days. However, it doesn’t look like there is anything that would prevent necessarily the suspension from being renewed.

While this portion of Bill C-21 is pretty bad, a lot of these rules were already on the books. This just seems to make it easier to issue a 30 day suspension without a real investigation.

4. Challenging Case In Provincial Court

74(2) Limitation period
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(2) An applicant or holder may only refer a matter to a provincial court judge under subsection (1) within thirty days after receiving notice of the decision of the chief firearms officer, Registrar or provincial minister under section 29, 67 or 72 or within such further time as is allowed by a provincial court judge, whether before or after the expiration of those thirty days.

75(3) Burden of proof
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(3) At the hearing of the reference, the burden of proof is on the applicant or holder to satisfy the provincial court judge that the refusal to issue or revocation of the licence, registration certificate or authorization, the decision or the refusal to approve or revocation of the approval was not justified.
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Marginal note: Where hearing may proceed ex parte
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(4) A provincial court judge may proceed ex parte to hear and determine a reference in the absence of the applicant or holder in the same circumstances as those in which a summary conviction court may, under Part XXVII of the Criminal Code, proceed with a trial in the absence of the defendant.

A few things to point out when challenging this is court:

First, there is a 30 day time limit to initiate the proceedings. While the Court “may” allow an extension for applications filed after that, they don’t have to, and there is no guarantee they will. So, be aware of this.

Second, the burden is on the Applicant to prove that the revocation or refusal to issue is unjust. The Firearms Officer doesn’t have to prove anything.

Third, in limited cases, the Judge can proceed ex-parte, which means “without the Parties”. In practice, this will mean the person who applied may not be able to attend.

An overall impression: while this 30 day suspension is certainly bad news, the Firearms Act was already pretty stacked against the rights of gun owners. This certainly doesn’t help.

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O.I.C. 2020-0298: Questioning Just How Committed Federal Politicians Are On Gun Grab

Order In Council 2020-0298 was signed on May 1, 2020, to ban some 1,500 types of guns and accessories. This was done without any public consultation, or legislative process.

1. Gun Rights Are Essential, Need Protecting

The freedoms of a society can be gauged by the laws and attitudes they have towards firearms. Governments, and other groups can push around an unarmed population much easier than those who can defend themselves. It’s not conspiratorial to wonder about those pushing for gun control. In fact, healthy skepticism is needed for a society to function.

2. May 1, 2020 Repeal The O.I.C. Gun Ban

May 1, 2020 was the day that Order In Council, 2020-0298 was issued, which instantly made some 1,500 models of guns illegal in Canada. While campaigning to head the CPC, O’Toole seemed to have no problem condemning the O.I.C., and promised to repeal it.

3. May 12, 2020 Talk With C.C.F.R.

This May 12 talk with the C.C.F.R., the Canadian Coalition of Firearm Rights, O’Toole had no problem spelling out that he would repeal the gun grab, calling it undemocratic. Again, no issue with addressing this directly.

4. June 9, 2020 Campaign Platform

AN O’TOOLE-LED OPPOSITION WILL:
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Oppose efforts to reverse the former Conservative government’s policy advances on firearms, including the Trudeau government’s new proposals to confiscate legal firearms.
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Oppose regulations that do not advance public safety and instead penalize law abiding firearms owners. This includes the arbitrary reclassification of firearms and magazines.

The campaign website has since been shut down, and was last archived on June 9, 2020. While there is a reference to “new proposals to confiscate legal firearms”, the O.I.C. is not specifically mentioned at all. While it may be ASSUMED to include it, it’s not directly stated.

5. June 10, 2020 Video/Tweet

In this June 10 video, there are references to the 1,500 firearm O.I.C., but does not specifically state that it would be repealed. In other words, it is brought up, but not addressed. It is implied, however, for anyone who were to watch the video.

Also strange, at the 50 second mark, O’Toole drops a reference to “second wave”. He knew about this script and talking points months in advance.

6. February 16, 2020 Party Press Release

Ottawa, ON – Shannon Stubbs, Conservative Shadow Minister for Public Safety and Emergency Preparedness, and Richard Martel, Conservative Quebec Political Lieutenant, issued the following statement in response to today’s announcement on the firearms buy back program:

“It is disappointing that during a pandemic, Justin Trudeau is focused on his own re-election and advancing the Liberals’ ideological agenda instead of helping Canadians get vaccines.

“Just recently, the Liberals voted against and defeated Bill C-238, a Conservative bill that would have imposed tougher sentences for criminals smuggling or who are found in possession of illegal firearms. The Trudeau Liberals’ decision to vote against this bill shows they are not serious about stopping dangerous criminals from getting their hands on illegal guns.

“The reality is, the vast majority of gun crimes are committed with illegally obtained firearms. Taking firearms away from law-abiding citizens does nothing to stop dangerous criminals and gangs who obtain their guns illegally.

“Instead of targeting law-abiding Canadians and firearm retailers, the government should be investing in police anti-gang and gun units and the CBSA to provide law enforcement with the resources they need to stop illegal smuggling operations and get dangerous criminals and gangs off the streets.

“Conservatives have, and will always, support common-sense firearms policies that keep guns out of the hands of dangerous criminals.

“We are calling on the Trudeau Liberals to ensure that Canada’s firearms legislation is based on evidence, not on ideology, and respects the rights of Canadians.”

From a February 16, 2021 press statement, the CPC criticized the voting against of Bill C-238, to increase criminal penalties in some cases. While the topic “of taking guns” is brought up briefly, there is no specific reference to the O.I.C. In fairness, perhaps this was done so as to not overshadow the current announcement.

7. February 18, 2021 Press Conference

This is a clip from Andrew Lawton of True North, on February 18, 2020. He specifically asks about undoing the Order In Council, and O’Toole spits out a word salad to avoid giving a direct answer. And there is a valid point made, that having politicians explicitly promise something makes it easier (in theory) to hold them accountable later.

This should be a very easy question to answer — since it was answered in May 2020. However, O’Toole is backtracking from that promise. He isn’t even in power and he’s changing his tune.

8. Backtracking Is Some 5D Chess Move?

“It isn’t as simple as saying he would repeal the May 1, 2020 OIC because the OIC is laced with poison pills like it also banned some rocket launchers and other actual military hardware. Can you imagen the backlash if O’Toole suddenly legalised anti-tank weapons. And lawyers are still unpacking the implications of some of the provisions in Bill 21.”

“He can play the strategic game by not tipping his cards to the liberals. We know what they want. This is very cat and mouse at this point. A bait and hook strategy buy the liberals. Best be cautious”

According to at least a few commentators, this is some strategic move in order to make election more assured. Even if this were just such a move, appearing to throw supporters under the bus is a good way to ensure far fewer of them turn up on election day.

9. From “Scrapping” To “Reviewing” Act

This may be nitpicking, but is worth a mention. When O’Toole ran for the CPC leadership for the 1st time, in 2016-2017, he campaigned on “scrapping” the Firearms Act, and replacing it altogether. This time around, he only promises a “review“. Perhaps this is nothing, or it could be a watering down of his commitments.

Would O’Toole scrap the O.I.C. if he won? It’s possible that he would. However, it would be naive to fully trust politicians when they start backing away from their promises. Actually, it would be naive to fully trust them under any circumstances.

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The Other Provincial Health Acts Written By WHO-IHR

Welcome to the second part of the Provincial Health Acts of Canada. As you will see, elements of the 2005 Quarantine Act are written into them.

1. Other Articles On CV “Planned-emic”

The rest of the series is here. Many lies, lobbying, conflicts of interest, and various globalist agendas operating behind the scenes, obscuring the vile agenda called the GREAT RESET. The Gates Foundation finances: the WHO, the US CDC, GAVI, ID2020, John Hopkins University, Imperial College London, the Pirbright Institute, the BBC, and individual pharmaceutical companies. The International Health Regulations are legally binding. The Postmedia empire and the “independent” media are paid off, as are the fact-checkers. The virus was never isolated, PCR tests are a fraud, as are forced masks, social bubbles, and 2m distancing.

2. Important Links

https://www.ourcommons.ca/Committees/en/HESA/StudyActivity?studyActivityId=981075
https://www.ourcommons.ca/DocumentViewer/en/38-1/HESA/report-2/

(AB) https://www.qp.alberta.ca/documents/Acts/P37.pdf
(SK) https://www.canlii.org/en/sk/laws/stat/ss-1994-c-p-37.1/11022/ss-1994-c-p-37.1.html
(MB) https://web2.gov.mb.ca/laws/statutes/ccsm/p210e.php
(ON) https://healthunit.org/wp-content/uploads/Health_Protection_and_Promotion_Act.pdf
CLICK HERE, for earlier piece on Provincial Health Acts

(QC) http://legisquebec.gouv.qc.ca/en/ShowDoc/cs/S-2.2
(NB) http://laws.gnb.ca/en/showfulldoc/cs/P-22.4//20210220
(NS) https://nslegislature.ca/sites/default/files/legc/statutes/health%20protection.pdf
(NL) https://www.assembly.nl.ca/Legislation/sr/statutes/p37-3.htm
(PEI) Prince Edward Island Public Health Act
(YK) https://legislation.yukon.ca/acts/puhesa.pdf

3. Quebec Public Health Act

5. Public health actions must be directed at protecting, maintaining or enhancing the health status and well-being of the general population and shall not focus on individuals except insofar as such actions are taken for the benefit of the community as a whole or a group of individuals.
.
6. This Act is binding on the Government, on government departments and on bodies that are mandataries of the State.

CHAPTER IX
COMPULSORY TREATMENT AND PROPHYLACTIC MEASURES FOR CERTAIN CONTAGIOUS DISEASES OR INFECTIONS
DIVISION I
CONTAGIOUS DISEASES OR INFECTIONS AND COMPULSORY TREATMENT

83. The Minister may, by regulation, draw up a list of the contagious diseases or infections for which any person affected is obligated to submit to the medical treatments required to prevent contagion.
.
The list may include only contagious diseases or infections that are medically recognized as capable of constituting a serious threat to the health of a population and for which an effective treatment that would put an end to the contagion is available.
2001, c. 60, s. 83.

84. Any health professional with the authority to make a medical diagnosis or to assess a person’s state of health who observes that a person is likely suffering from a disease or infection to which this division applies must take, without delay, the required measures to ensure that the person receives the care required by his or her condition, or direct the person to a health and social services institution able to provide such treatments.
2001, c. 60, s. 84; 2020, c. 6, s. 25.

85. In the case of certain diseases or infections identified in the regulation, any health or social services institution having the necessary resources must admit as an emergency patient any person suffering or likely to be suffering from one of those diseases or infections. If the institution does not have the necessary resources, it must direct the person to an institution able to provide the required services.
2001, c. 60, s. 85.

86. Any health professional with the authority to make a medical diagnosis or to assess a person’s state of health who becomes aware that a person who is likely suffering from a disease or infection to which this division applies is refusing or neglecting to submit to an examination must notify the appropriate public health director as soon as possible.
.
Such a notice must also be given by any such professional who observes that a person is refusing or neglecting to submit to the required medical treatment or has discontinued a treatment that must be completed to prevent contagion or a recurrence of contagion.
2001, c. 60, s. 86; 2020, c. 6, s. 26.

87. Any public health director who receives a notice under section 86 must make an inquiry and, if the person refuses to be examined or to submit to the appropriate treatment, the public health director may apply to the Court for an order enjoining the person to submit to such examination or treatment.
2001, c. 60, s. 87.

88. A judge of the Court of Québec or of the municipal courts of the cities of Montréal, Laval or Québec having jurisdiction in the locality where the person is to be found may, if the judge believes on reasonable grounds that the protection of the health of the population so warrants, order the person to submit to an examination and receive the required medical treatment.
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In addition, the judge may, if the judge believes on serious grounds that the person will refuse to submit to the examination or to receive the treatment, order that the person be taken to an institution maintained by a health or social services institution for examination and treatment. The provisions of section 108 apply to that situation, with the necessary modifications.
2001, c. 60, s. 88.

DIVISION II
COMPULSORY PROPHYLACTIC MEASURES
.
89. The Minister may, for certain contagious diseases or infections medically recognized as capable of constituting a serious threat to the health of a population, make a regulation setting out prophylactic measures to be complied with by a person suffering or likely to be suffering from such a disease or infection, as well as by any person having been in contact with that person.
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Isolation, for a maximum period of 30 days, may form part of the prophylactic measures prescribed in the regulation of the Minister.
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The regulation shall prescribe the circumstances and conditions in which specific prophylactic measures are to be complied with to prevent contagion. It may also require certain health or social services institutions to admit as an emergency patient any person suffering or likely to be suffering from one of the contagious diseases or infections to which this section applies, as well as any person who has been in contact with that person.
2001, c. 60, s. 89.

90. Any health professional who observes that a person is omitting, neglecting or refusing to comply with the prophylactic measures prescribed in the regulation made under section 89 must notify the appropriate public health director as soon as possible.
.
The director must make an inquiry and, if the person refuses to comply with the necessary prophylactic measures, the director may apply to the Court for an order enjoining the person to do so.
The provisions of section 88 apply to that situation, with the necessary modifications.
The director may also, in the case of an emergency, use the powers conferred by section 103, and sections 108 and 109 apply to such a situation.
2001, c. 60, s. 90.

91. Despite any decision of the Court ordering the isolation of a person, isolation must cease as soon as the attending physician, after consulting the appropriate public health director, issues a certificate to the effect that the risk of contagion no longer exists.

Good old Quebec, where doctors can have you forcibly detained and “treated” based on the vague suspicion that you may have a communicable illness. And of course, the Court can have you locked up and isolated for 30 days at a time based on these suspicions.

4. New Brunswick Public Health Act

Duty to report contacts
2002, c.23, s.10; 2017, c.42, s.35
31A medical practitioner, nurse practitioner, midwife or nurse shall, in accordance with the regulations, report the person’s contacts related to a notifiable disease or notifiable event prescribed by regulation to a medical officer of health or person designated by the Minister, if the medical practitioner, nurse practitioner, midwife or nurse
(a) provides professional services to a person who has a notifiable disease prescribed by regulation or has suffered a notifiable event prescribed by regulation, or
(b) provided professional services to a deceased person before that person’s death and that person had a notifiable disease prescribed by regulation or had suffered a notifiable event prescribed by regulation.
2002, c.23, s.10; 2007, c.63, s.10; 2011, c.26, s.4; 2017, c.42, s.36

Duty to report refusal or neglect of treatment
2017, c.42, s.37
32A medical practitioner or nurse practitioner shall report to a medical officer of health, in accordance with the regulations, if a person who is under the care and treatment of the medical practitioner or the nurse practitioner in respect of a Group I notifiable disease refuses or neglects to continue the treatment in a manner and to a degree satisfactory to the medical practitioner or the nurse practitioner, as the case may be.
2017, c.42, s.38

Order respecting notifiable disease
2017, c.42, s.39
33(1)Subject to subsection (2), a medical officer of health by a written order may require a person to take or refrain from taking any action that is specified in the order in respect of a notifiable disease.
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33(2)A medical officer of health may make an order under this section if he or she believes on reasonable grounds,
(a) that a notifiable disease exists or may exist in a health region,
(b) that the notifiable disease presents a risk to the health of persons in the health region, and
(c) that the requirements specified in the order are necessary to prevent, decrease or eliminate the risk to health presented by the notifiable disease.

33(3)In an order under this section, a medical officer of health may specify the time or times when or the period or periods of time within which the person to whom the order is directed must comply with the order.

33(4)An order under this section may include, but is not limited to,
(a) requiring any person that the order states has or may have a notifiable disease or is or may be infected with an agent of a notifiable disease to isolate himself or herself and remain in isolation from other persons,
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(b) requiring the person to whom the order is directed to submit to an examination by a medical practitioner or a nurse practitioner and to deliver to the medical officer of health a report by the medical practitioner or nurse practitioner as to whether or not the person has a notifiable disease or is infected with an agent of a notifiable disease,
(c) requiring the person to whom the order is directed in respect of a disease that is a notifiable disease to place himself or herself under the care and treatment of a medical practitioner or nurse practitioner without delay, and
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(d) requiring the person to whom the order is directed to conduct himself or herself in such a manner as not to expose another person to infection.

This is the Public Health Act of New Brunswick.

5. Nova Scotia Health Protection Act

COMMUNICABLE DISEASES
Powers respecting communicable diseases
32 (1) Where a medical officer is of the opinion, upon reasonable and probable grounds, that
(a) a communicable disease exists or may exist or that there is an immediate risk of an outbreak of a communicable disease;
(b) the communicable disease presents a risk to the public health; and
(c) the requirements specified in the order are necessary in order to decrease or eliminate the risk to the public health presented by the communicable disease, the medical officer may by written order require a person to take or to refrain from taking any action that is specified in the order in respect of a communicable disease

32 (3) Without limiting the generality of subsection (1), an order
made under this Section may
(a) require the owner or occupier of premises to close the premises or a part of the premises or to restrict access to the premises;
(b) require the displaying of signage on premises to give notice of an order requiring the closing of the premises;
(c) require any person that the order states has been exposed or may have been exposed to a communicable disease to quarantine himself or herself from other persons;
(d) require any person who has a communicable disease or is infected with an agent of a communicable disease to isolate himself or herself from other persons;
(e) require the cleaning or disinfecting, or both, of the premises or any thing specified in the order;
(f) require the destruction of any matter or thing specified in the order;
(g) require the person to whom the order is directed to submit to an examination by a physician who is acceptable to a medical officer and to deliver to the medical officer a report by the physician as to whether or not the person has a communicable disease or is or is not infected with an agent of a communicable disease;
(h) require the person to whom the order is directed in respect of a communicable disease to place himself or herself forthwith under the care and treatment of a physician who is acceptable to a medical officer;
(i) require the person to whom the order is directed to conduct himself or herself in such a manner as not to expose another person to infection.

Court may ensure compliance
38 (1) Where, upon application by a medical officer, a judge of the provincial court is satisfied that
(a) a person has failed to comply with an order by a medical officer made under to Section 32 that
(i) the person quarantine himself or herself from other persons,
(ii) the person isolate himself or herself from other persons,
(iii) the person submit to an examination by a physician who is acceptable to the medical officer,
(iv) the person place himself or herself under the care and treatment of a physician who is acceptable to the
medical officer, or
(v) the person conduct himself or herself in such a manner as not to expose another person to infection,
the judge may order that the person who has failed to comply with the order of the medical officer
(b) be taken into custody and be admitted to and detained in a quarantine facility named in the order;
(c) be taken into custody and be admitted to, detained and treated in an isolation facility named in the order;
(d) be examined by a physician who is acceptable to the medical officer to ascertain whether or not the person is infected with an agent of a communicable disease; or
(e) where found on examination to be infected with an agent of a communicable disease, be treated for the disease.
(2) Where an order made by a judge pursuant to subsection (1) is to be carried out by a physician or other health professional, the failure of the person subject to such an order to consent does not constitute an assault or battery against that person by the physician or other health professional should the order be carried out.
(3) A physician or other health professional carrying out an order pursuant to subsection (1) may obtain such assistance from a peace officer or other person as the physician or health professional reasonably believes is necessary.
(4) A judge shall not name an isolation facility or quarantine facility in an order under this Section unless the judge is satisfied that the isolation facility or quarantine facility is able to provide detention, care and treatment as required for the person who is the subject of the order. 2004, c. 4, s. 38.

Authority to apprehend and isolate or quarantine
39 (1) An order made under Section 38 is authority for any person to
(a) locate and apprehend the person who is the subject of the order; and
(b) deliver the person who is the subject of the order to the isolation facility or quarantine facility named in the order or to a physician for examination.
(2) An order made under Section 38 may be directed to a police force that has jurisdiction in the area where the person who is the subject of the order may be located, and the police force shall do all things reasonably able to be done to locate, apprehend and deliver the person to an isolation or quarantine facility in the jurisdiction where the person was apprehended or to an isolation or quarantine facility specified in the order.
(3) A person who apprehends a person who is the subject of an order pursuant to subsection (2) shall promptly
(a) inform the person of the reasons for the apprehension and of the person’s right to retain and instruct counsel without delay; and
(b) tell the person where the person is being taken.
(4) An order made under clause 38(1)(c) is authority to detain the person who is the subject of the order in the isolation facility named in the order and to care for and examine the person and to treat the person for the communicable disease in accordance with generally accepted medical practice for a period of not more than four months from and including the day that the order was issued.
(5) An order made under clause 38(1)(b) is authority to detain the person who is the subject of the order in the quarantine facility named in the order and to care for and examine the person for the incubation period of the communicable disease as determined by the judge.

Nova Scotia, like the others, can force a person to submit to a “medical examination” and do whatever is demanded of the health care provider

6. Newfoundland Public Health

Communicable disease orders
32. (1) A regional medical officer of health may make a communicable disease order under this section where he or she has reasonable grounds to believe that
(a) a communicable disease exists or may exist or that there is an immediate risk of an outbreak of a communicable disease;
(b) the communicable disease presents a risk to the health of the population; and
(c) the order is necessary to prevent, eliminate, remedy, or mitigate the risk to the health of the population.
(2) A regional medical officer of health may make a communicable disease order in respect of a person who has or may have a communicable disease or is infected with an infectious agent and the order may do one or more of the following:
(a) require the person to submit to an examination by a specified health care professional at a specified health facility on or before a particular date or according to a schedule;
(b) require the person to isolate himself or herself from other persons, including in a specified health facility;
(c) require the person to conduct himself or herself in a manner that will not expose other persons to infection or to take other precautions to prevent or limit the direct or indirect transmission of the communicable disease or infectious agent to those who are susceptible to the communicable disease or infectious agent or who may spread the communicable disease or infectious agent to others;
(d) prohibit or restrict the person from attending a school, a place of employment or other public premises or from using a public conveyance;
(e) prohibit or restrict the person from engaging in his or her occupation or another specified occupation or type of occupation;
(f) prohibit or restrict the person from leaving or entering a specified premises;
(g) require the person to avoid physical contact with, or being near, a person, animal or thing;
(h) require the person to be under the supervision or care of a specified person;
(i) require a person to provide information, records or other documents relevant to the person’s possible infection to a specified person;
(j) require a person to provide samples of the person’s clothing or possessions to a specified person;
(k) require a person to destroy contaminated clothing or possessions;
(l) require a person to provide specimens previously collected from the person to a specified person;
(m) where a regional medical officer of health has reasonable grounds to believe that the person has a communicable disease or is infected with an infectious agent, require the person to undergo treatment specified in the order or by a specified health care professional, including attending a specified health facility, where there is no other reasonable method available to mitigate the risks of the infection;
(n) require a person to disclose the identity and location of the persons with whom the person may have had contact or whom the person may have exposed to the communicable disease or infectious agent; or
(o) require the person to take, or prohibit the person from taking, an action prescribed in the regulations.

Apprehension orders and treatment orders generally
.
37. (1) A regional medical officer of health or a person subject to an apprehension order or treatment order may apply to the Supreme Court to vary, terminate or suspend the order.
(2) Where the application is made by a regional medical officer of health, the variation, termination or suspension of an apprehension order or treatment order may be issued on an application made under subsection (1) without notice and in the absence of the person subject to the order.
(3) Where the application is made by the person subject to the order, the apprehension order or treatment order shall not be varied, terminated or suspended unless the regional medical officer of health has been served with the application made under subsection (1).
(4) An apprehension order and a treatment order shall specify the health facility where the person subject to the order shall be detained, isolated, quarantined, examined and treated.
(5) Notwithstanding another provision of this Act, a judge shall not specify a health facility in an apprehension order or treatment order unless he or she is satisfied that the health facility is able to provide for the detainment, isolation, quarantine, examination or treatment as required in the order.
(6) Where an apprehension order or treatment order has been made, the person in charge of the health facility specified in the order shall ensure that
(a) the person subject to an apprehension order is detained, isolated or quarantined in accordance with the order; and
(b) the person subject to a treatment order is examined and treated in accordance with the order.
(7) The person in charge of the health facility specified in an apprehension order or treatment order shall immediately report to the regional medical officer of health regarding
(a) the results of the examination and treatment of the person subject to the order;
(b) the health status of the person subject to the order; and
(c) any change in the diagnosis or health status of the person subject to the order.
(8) A regional medical officer of health shall monitor the treatment and condition of a person subject to an apprehension order or treatment order and shall issue a certificate authorizing the release and discharge of the person immediately where he or she is of the opinion that
(a) the person is no longer infectious with a communicable disease; and
(b) discharging the person would not present a serious risk to the health of the population.
(9) A regional medical officer of health shall file a certificate issued under subsection (8) with the court that issued the apprehension order or treatment order.
(10) Notwithstanding any term or condition of an apprehension order or treatment order, the order is terminated immediately upon the issuance of a certificate under subsection (8) or the termination of the order under subsection 46(5).

Newfoundland & Labrador, like the other Provinces, allows for “medical officers” to order people detained and subjected to treatment, based on suspicions. The text is almost identical to the others.

7. Prince Edward Island Public Health

42. Order of court to detain, examine or treat a person
(1) The Chief Public Health Officer may make an application to the court for an order under this section where a person has failed to comply with an order issued by the Chief Public Health Officer in respect of a communicable disease specified in the regulations that
(a) the person isolate himself or herself and remain in isolation from other persons;
(b) the person submit to an examination by a medical practitioner;
(c) the person place himself or herself under the care and treatment of a medical practitioner;
(d) the person conduct himself or herself in such a manner as not to expose another person to infection; and
Public Health Act
.
PART II — PUBLIC HEALTH PROTECTION
Section 42
ct Updated June 12, 2018 Page 25
(e) the person provide information respecting the person’s contacts related to the communicable disease to the Chief Public Health Officer.
Court order
(2) Where the court is satisfied that a person has failed to comply with an order issued by the Chief Public Health Officer under section 39 or 40, the court may order, with respect to the person named in the order, any or all of the following:
(a) that the person be taken into custody and admitted to and detained in a health facility named in the order;
(b) that the person be examined by a medical practitioner to ascertain whether or not a person is infected with an agent of a communicable disease specified in the regulations;
(c) that the person, if found on examination to be infected with an agent of a communicable disease specified in the regulations, be treated for the disease;
(d) that the person, if found on examination to be infected with an agent of a communicable disease specified in the regulations, provide information respecting the person’s contacts related to the communicable disease to the Chief Public Health
Officer.
Ex parte application
(3) An application under subsection (1) may be made ex parte and where so made the court may
make an interim order under subsection (2).

43. Designation of medical practitioner to have responsibility for detained person
The administrator or person in charge of a health facility shall designate a medical practitioner to have responsibility for a person named in an order issued under section 42 who is delivered to a health facility. 2012(2nd),c.20,s.43.
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44. Medical practitioner to report respecting detained person The medical practitioner responsible for a person named in an order made under section 42 shall report in respect of the treatment and the condition of the person to the Chief Public Health Officer in the manner, at the times and with the information specified by the Chief
Public Health Officer. 2012(2nd),c.20,s.44.
.
45. Extension of period of detention
Where upon application of the Chief Public Health Officer the court is satisfied
(a) that the person continues to be infected with an agent of a communicable disease specified in the regulations; and
(b) that the discharge of the person from the health facility would present a significant risk to the health of the public, the court may by order extend the period of detention for not more than three months, and upon further applications by the Chief Public Health Officer, the court may extend the period of detention and treatment for further periods, each of which shall not be for more than three months. 2012(2nd),c.20,s.45.

Prince Edward Island allows Courts to detain people for up to 3 months at a time, and all under the guise of public health. Not that it will ever be abused for political reasons.

8. Medical Tyranny As “Public Health”

The content of these carious Provincial Health Acts overlaps considerably. These unelected medical officers are able to detain people, close businesses, and suspend basic liberties, all under the pretense of public safety.

In any other context, this would be considered dictatorial. But this gets a pass from the mainstream media. Wonder why they don’t address it.

Many Other Periodicals Receiving Government Subsidies
Other Subsidies Propping Up Canadian Media
Taxpayer Subsidies To Combat CV “Misinformation”
Aberdeen Publishing Sells Out, Takes Subsidies
Postmedia Periodicals Getting Covid Subsidies

Canadian Media Subsidized By Taxpayers, Biased
Media Subsidies To Combat Online Misinformation

Posted on

Bill C-238: Increase To Sentences For Gun Possession Obtained During Crime (Defeated)

This was meant to be covered a while back, but was missed. A Private Member’s Bill, C-238, was defeated. It would have increased the mandatory minimum sentences for guns obtained during the commission of an offence.

1. Gun Rights Are Essential, Need Protecting

The freedoms of a society can be gauged by the laws and attitudes they have towards firearms. Governments, and other groups can push around an unarmed population much easier than those who can defend themselves. It’s not conspiratorial to wonder about those pushing for gun control. In fact, healthy skepticism is needed for a society to function.

2. Fabianist Approach On Gun Rights

Order In Council 2020-0298, Banning 1,500 Gun Types
Bill C-71: Backdoor Long Gun Registry
Bill C-21: Red Flag Law To Seize Guns In Canada
Bill C-22: Reducing Penalties For Gun Crimes

3. Guns Obtained In Crime, Gun Trafficking

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.

Importing or exporting knowing it is unauthorized
.
103 (1) Every person commits an offence who imports or exports
(a) a prohibited firearm, a restricted firearm, a non-restricted firearm, a prohibited weapon, a restricted weapon, a prohibited device or any prohibited ammunition, or
(b) any component or part designed exclusively for use in the manufacture of or assembly into an automatic firearm,
.
knowing that the person is not authorized to do so under the Firearms Act or any other Act of Parliament or any regulations made under an Act of Parliament.
.
Punishment — other cases
.
(2.1) In any other case, a person who commits an offence under subsection (1) 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 one year.

Both Section 96 (weapons obtained in commission of a crime) and Section 103 (illegal import/export), would have been changed so that the mandatory minimum of 1 year in prison would be replaced by:

(a) in the case of a first offence, three years; and
(b) in the case of a second or subsequent offence, five years.

This was a relatively modest change to the Criminal Code of Canada. It was voted down, largely because of the Liberals. Credit where credit is due: this was a tiny, but worthwhile Bill.