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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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.

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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.

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

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

Criminal offences in Canada are categorized like this

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

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

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

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

ORIGINAL

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

REPLACEMENT

Punishment of rioter
65 (1) Every person who takes part in a riot is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.
Concealment of identity
(2) Every person who commits an offence under subsection (1) while wearing a mask or other disguise to conceal their identity without lawful excuse is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than years; or
(b) an offence punishable on summary conviction.

ORIGINAL

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

REPLACEMENT

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

ORIGINAL

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

REPLACEMENT

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

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

ORIGINAL

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

REPLACEMENT

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

ORIGINAL

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

REPLACEMENT

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

ORIGINAL

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

REPLACEMENT

Using or possessing property for terrorist purposes

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

ORIGINAL

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

REPLACEMENT

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

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

ORIGINAL

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

REPLACEMENT

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

ORIGINAL

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

REPLACEMENT

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

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

ORIGINAL

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

REPLACEMENT

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

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

ORIGINAL

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

REPLACEMENT

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

ORIGINAL

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

REPLACEMENT

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

ORIGINAL

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

REPLACEMENT

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

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

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

ORIGINAL

Possession of prohibited or restricted firearm with ammunition

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

REPLACEMENT

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

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

ORIGINAL

Possession of weapon obtained by commission of offence

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

REPLACEMENT

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

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

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

SUMMARY

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

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

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

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

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

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

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