Category: Canadian Bills

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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)

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.

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

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)

The case AGAINST Mandatory Minimums
-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
-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

“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.

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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)

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.

Posted on

Unifor Denies Crawling Into Bed With Government

(The new release from the Federal Government)

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

1. The Media Is Not Loyal To The Public

Truth is essential in society, but the situation in Canada is worse than people imagine. In Canada (and elsewhere), the mainstream media, periodicals, and fact-checkers are subsidized, though they deny it. Post Media controls most outlets in Canada, and many “independents” have ties to Koch/Atlas. Real investigative journalism is needed, and some pointers are provided.

2. Fall 2018 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.

3. 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.

4. 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.

Posted on

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

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

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.

Posted on

Poly #2: Liberal MP Stephen Fuhr

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

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.