Category: Canadian Bills

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Ontario Private Member’s Bill 94: Creating “Community Safety Zones” By Eliminating Dissent

New Democrat M.P.P. Kristyn Wong-Tam, the Critic for the Attorney General, Small Business and 2SLGBTQI Issues, has introduced Bill 94, Keeping 2SLGBTQI+ Communities Safe Act, 2023. This would apply throughout the Province of Ontario, if passed and implemented.

This could be expensive, with violations of this resulting in fines up to $25,000.

Looking through Wong-Tam’s Twitter account, it’s full of social justice content, and she comes across as a Communist. Not surprising, given her party affiliation.

Granted, the N.D.P. is in opposition, and has no real power in Parliament. However, that’s no guarantee that it won’t be passed eventually. Now, what’s in the Bill?

2 No person shall, within 100 metres of the boundary of a property where a 2SLGBTQI+ community safety zone is located, perform an act of intimidation, including,
.
(a) causing a disturbance within the meaning of the Criminal Code (Canada);
(b) distributing hate propaganda within the meaning of the Criminal Code (Canada);
(c) uttering threats or making offensive remarks, either verbally or in writing, with respect to matters of social orientation or gender roles; or
(d) engaging in a protest or demonstration for the purpose of furthering the objectives of homophobia and transphobia.

The Bill would give the Attorney General of Ontario the power to declare any place a “community safety zone”, for a period of time. Of course, the time limits are not defined, nor are the sizes or locations of these zones.

The Attorney General would have the power to go to the courts in order to get an injunction against any person who might violate these. Now, that raises the concern that these would be politically motivated.

The term “community safety zone” is also undefined, and open to interpretation.

No effect on peaceful protests, etc.
5 For greater certainty, nothing in this Act prevents peaceful protests or demonstrations.

Now, on the surface, it appears like there is a safety mechanism to protect free speech and free expression. However, this is rather misleading.

By claiming that the content of a protest or demonstration is offensive, it can be shut down. Similarly, legitimate concerns can be smeared as homophobic or transphobic. Moreover, mere offence is enough to shut down public discourse, and that can be weaponized.

And what about things like child drag shows? Would the public be banned from protesting those, under the guise of safety and tolerance? What about transitioning children into the opposite sex?

The Bill also calls for a 2SLGBTQI+ Safety Advisory Committee to be created. Financial support to implement recommendations is included, which means it will cost taxpayers.

Again, this legislation could very well go nowhere, but nothing is assured.

(1) https://www.ola.org/en/legislative-business/bills/parliament-43/session-1/bill-94
(2) https://www.ola.org/sites/default/files/node-files/bill/document/pdf/2023/2023-04/b094_e.pdf
(3) https://twitter.com/kristynwongtam
(4) https://twitter.com/kristynwongtam/status/1643303503979241483
(5) https://twitter.com/kristynwongtam/status/1643328070940499969

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Private Member’s Bill C-245 DEFEATED: Would Entrench Climate Change Into Canadian Infrastructure Bank

Last year a Private Member’s Bill was defeated, and it wasn’t widely reported. This is interesting because of the subject matter, namely, embedding climate change into the agenda of the Canada Infrastructure Bank. This would have allowed the C.I.B. to become even more of a giant slush fund, doling out money for eco causes.

It was introduced February 8th, 2022, by N.D.P. M.P. Niki Ashton of Manitoba. It was soon defeated in Parliament, on June 22nd.

Of course, the usual disclaimer must be added in: just because this particular Bill was defeated, that doesn’t mean it won’t be reintroduced. Nor does it mean that it won’t be embedded into some larger legislation at some point in the future.

1 Section 6 of the Canada Infrastructure Bank Act is replaced by the following:
.
Purpose of Bank
6 The purpose of the Bank is to invest in infrastructure projects in Canada or partly in Canada that are end in the public interest by, for example, supporting conditions that foster climate change mitigation or adaptation, or by contributing to the sustainability of infrastructure in Canada.

3 Section 7 is amended by adding the following after subsection (1):
Priority
(1.‍1) In carrying out the functions set out in subsection (1), the Bank must give priority to:
(a) investments from public institutions, all levels of governments and Northern and Indigenous communities;
(b) infrastructure projects that propose measures aimed at mitigating or adapting to climate change; and
(c) infrastructure projects that are not harmful to the environment.

4 Section 8 of the Act is amended by adding the following after subsection (1):
Membership
(1.‍1) The membership of the Board 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.

Worth noting as well: had this Bill passed in its original form, it would have put racial quotas into the Board of the C.I.B.

  • Canadian Climate Institute
  • Environmental Defence Canada
  • ONE Global (Canada)

Environmental Defence Canada is an interesting group to lobby Parliament. Why? Because Nathaniel Wallace, one of their lobbyists, was a Parliamentary Assistant (part Time) for Niki Ashton. No conflict of interest here.

Again, just because this specific Bill was voted down, that doesn’t mean that it won’t come back in some form. Stay vigilant.

Sources:
(1) https://www.parl.ca/legisinfo/en/bills?page=3
(2) https://www.parl.ca/legisinfo/en/bill/44-1/c-245
(3) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-245/first-reading
(4) https://www.ourcommons.ca/Members/en/niki-ashton(36037)
(5) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/cmmLgPblcVw?comlogId=536746
(6) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=358871&regId=922011&blnk=1
(7) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=13022&regId=931577

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

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Private Member’s Bill C-206: Decriminalizing Self-Injury Done To Avoid Active Military Service

This is another one that’s a bit of a head scratcher.

New Democrat M.P. Randall Garrison introduced Bill C-206 back in December 2021. This would have removed section 98(c) of the National Defence Act. It would mean that it was no longer an offence to injure or main oneself or another for the purpose of avoiding active service.

Although not specified in the Bill, presumably it would be okay to injure another for this purpose if it was done with the person’s consent.

The timing is also interesting. First Reading was at the end of 2021, when vaccine passports were in full swing. A cynic may wonder if this was part of some coordinated effort to help gut the military, by making it easier for people to get out.

Malingering, aggravating disease or infirmity or injuring self or another
.
98 Every person who
(a) malingers or feigns or produces disease or infirmity,
(b) aggravates, or delays the cure of, disease or infirmity by misconduct or wilful disobedience of orders, or
(c) willfully maims or injures himself or any other person who is a member of any of Her Majesty’s Forces or of any forces cooperating therewith, whether at the instance of that person or not, with intent thereby to render himself or that other person unfit for service, or causes himself to be maimed or injured by any person with intent thereby to render himself unfit for service,
.
is guilty of an offence and on conviction, if he commits the offence on active service or when under orders for active service or in respect of a person on active service or under orders for active service, is liable to imprisonment for life or to less punishment and, in any other case, is liable to imprisonment for a term not exceeding five years or to less punishment.

It would be interesting whether Garrison came up with this Bill himself, or whether someone else (and who) is really behind it. Somehow, it seems doubtful that it was his idea.

So far, it hasn’t gone past First Reading, but we’ll have to see how it plays out.

Sources:
(1) https://www.parl.ca/legisinfo/en/bills?page=2
(2) https://www.parl.ca/legisinfo/en/bill/44-1/c-206
(3) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-206/first-reading
(4) https://www.ourcommons.ca/Members/en/randall-garrison(71995)
(5) https://laws-lois.justice.gc.ca/eng/acts/N-5/index.html

Private Member Bills In Current Session:
(A) Bill C-207: Creating The “Right” To Affordable Housing
(B) Bill C-219: Creating Environmental Bill Of Rights
(C) Bill C-226: Creating A Strategy For Environmental Racism/Justice
(D) Bill C-229: Banning Symbols Of Hate, Without Defining Them
(E) Bill C-230: Protecting HCW From MAiD Compulsion DEFEATED
(F) Bill C-235: Building Of A Green Economy In The Prairies
(G) Bill C-250: Imposing Prison Time For Holocaust Denial
(H) Bill C-261: Red Flag Laws For “Hate Speech”
(I) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(J) Bill C-312: Development Of National Renewable Energy Strategy
(K) Bill C-315: Amending CPPIB Act Over “Human, Labour, Environmental Rights”
(L) Bill S-215: Protecting Financial Stability Of Post-Secondary Institutions
(M) Bill S-243: Climate Related Finance Act, Banking Acts
(N) Bill S-248: Removing Final Consent For Euthanasia
(O) Bill S-257: Protecting Political Belief Or Activity As Human Rights

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Little Pushback On Efforts To Criminalize “Residential School ‘Denialism'”

This was announced a few weeks back, and it would have been worth watching to any of the free speech warriors in power challenge this proposal. But that doesn’t seem to be the case.

Last Fall, Winnipeg Member of Parliament Leah Gazan (N.D.P.) pushed a Motion to formally recognize what happened at Residential Schools as a “genocide”. There was no opposition to the Motion, and it appeared to be coordinated between all parties.

However, that apparently wasn’t enough. Now, Gazan is interested in advancing a Bill to make it a hate crime to deny the genocide in the declaration that she helped advance. Presumably this would impact the Human Rights Code of Canada, but could also be applied to the Criminal Code.

NDP MP Leah Gazan, who got the House of Commons last October to unanimously recognize that genocide occurred at residential schools, now wants to take the issue a step further by drafting legislation to outlaw attempts to deny that genocide and make false assertions about residential schools.

“Denying genocide is a form of hate speech,” said Gazan, who represents the riding of Winnipeg Centre.

“That kind of speech is violent and re-traumatizes those who attended residential school.”

Gazan’s proposal is causing controversy, even among those who want the facts about residential schools widely known. But the Office of Crown-Indigenous Relations Minister Marc Miller said he would be interested in reviewing the proposed legislation.

“Residential school denialism attempts to hide the horrors that took place in these institutions,” Miller’s office told CBC News.

This of course flies in the face of the maxim that the best way to counter bad speech is with better speech. It’s unclear whether any such Bill would lead to criminal charges and/or prison sentences for people who violate it.

Gazan’s other legislative efforts include Bill C-223, a guaranteed living income, or U.B.I. She has twice pushed Bill C-232, to create a climate emergency action framework”. She also supports creating a separate notification system for missing Indigenous women. She has also spoken out in favour of decriminalizing sex work (a.k.a. prostitution).

Of course, the precedent for criminalizing “denialism” in Canada has already been set. Kevin Waugh of Manitoba introduced Bill C-250, which would have put Holocaust deniers in prison for up to 2 years.

Far from being shocked by this, the Conservative Party of Canada celebrated efforts by one of their M.P.s to criminalize discussion on a controversial topic. Waugh brought Private Member’s Bill C-250, to do just that. It was ultimately abandoned when near identical provisions were put into Bill C-19, an omnibus budget Bill.

As such, it isn’t really a surprise that the “Official Opposition” isn’t pushing back on efforts to ban denialism of Residential Schools. But will any such legislation actually pass? Who knows?

It’s also uncertain to what degree disagreement would be permitted. It’s not specified whether outright denial would be required to constitute hate speech, or just questioning details within.

(1) https://www.ourcommons.ca/Members/en/Leah-Gazan(87121)
(2) https://twitter.com/LeahGazan/status/1585726302044229632
(3) https://www.cbc.ca/news/politics/should-residential-school-denialism-declared-hate-speech-1.6744100
(4) https://twitter.com/CityNewsTO/status/1628425241717538816
(6) https://toronto.citynews.ca/2023/02/22/red-dress-alert-for-missing-indigenous-women/
(7) https://www.cbc.ca/news/politics/house-motion-recognize-genocide-1.6632450
(8) https://www.parl.ca/legisinfo/en/bill/44-1/c-223
(9) https://www.parl.ca/legisinfo/en/bill/43-1/c-232
(10) https://www.parl.ca/legisinfo/en/bill/43-2/c-232
(11) https://twitter.com/LeahGazan/status/1630956370244542464

HOLOCAUST DENIAL PUNISHABLE BY PRISON TIME:
(1) https://www.parl.ca/legisinfo/en/bills
(2) https://www.parl.ca/legisinfo/en/bill/44-1/c-19
(3) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-19/third-reading
(4) https://www.parl.ca/legisinfo/en/bill/44-1/c-250
(5) https://www.ourcommons.ca/Members/en/kevin-waugh(89084)
(6) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/cmmLgPblcVw?comlogId=521753
(7) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=111&regId=917368&blnk=1
(8) https://twitter.com/Paulatics/status/1537078472820006915
(9) https://sencanada.ca/en/senators/simons-paula/interventions/581135/47#hID
(10) https://www.youtube.com/watch?v=7iNiV2uAsQg&feature=youtu.be

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Private Member’s Bill C-230 DEFEATED: Would Protect Health Care Workers From MAiD Compulsion

Anyone hear about Bill C-230? It would have protected health care workers from being compelled to participate in medical assistance in dying, or euthanasia. Perhaps it made the news at one point.

It had been introduced by Kelly Block, Member of Parliament for Carlton Trail—Eagle Creek, Saskatchewan, back in March 2022.

Turns out it was defeated in October 2022, along party lines. The vote was 115 in favour, and 208 against. Conservatives supported the Bill, while Liberals, NDP, Greens and Bloc Québécois voted it down.

SUMMARY
This enactment amends the Criminal Code to make it an offence to intimidate a medical practitioner, nurse practitioner, pharmacist or other health care professional for the purpose of compelling them to take part, directly or indirectly, in the provision of medical assistance in dying.
.
It also makes it an offence to dismiss from employment or to refuse to employ a medical practitioner, nurse practitioner, pharmacist or other health care professional for the reason only that they refuse to take part, directly or indirectly, in the provision of medical assistance in dying.

2 The Criminal Code is amended by adding the following after section 241.‍2:
Intimidation
241.‍21 (1) Every person who, for the purpose of compelling a medical practitioner, nurse practitioner, pharmacist or other health care professional to take part, directly or indirectly, in the provision of medical assistance in dying, uses coercion or any other form of intimidation is guilty of an offence punishable on summary conviction.

Employers
(2) Every person who refuses to employ, or dismisses from their employment, a medical practitioner, nurse practitioner, pharmacist or other health care professional for the reason only that they refuse to take part, directly or indirectly, in the provision of medical assist­ance in dying is guilty of an offence punishable on summary conviction.

It’s hard to believe this is real, but it is. Parliament voted down a Bill that would have protected health care workers from being forced to participate in assisted suicide.

Don’t forget that we still have Bill S-248 in the Senate. That would remove the requirement for final consent for people wanting to end their lives.

In late 2021, Don Davies introduced Bill C-220, which would make it an aggravating factor in criminal sentencing to assault a health care worker. Are we to assume that people in the medical industry need to be protected from violence…. but at the same time, it’s okay to compel them to kill others?

People can be truly evil.

Sources:
(1) https://www.parl.ca/LegisInfo/en/bills?page=3
(2) https://www.parl.ca/LegisInfo/en/bill/44-1/c-230
(3) https://www.ourcommons.ca/Members/en/votes/44/1/186
(4) https://www.ourcommons.ca/Members/en/kelly-block(59156)
(5) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-230/first-reading
(6) https://www.parl.ca/LegisInfo/en/bill/44-1/s-248
(7) https://www.parl.ca/LegisInfo/en/bill/44-1/c-220

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

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Senate Bill S-215: Act Respecting Financial Stability Of Post-Secondary Institutions

Senate Bill S-215 was introduced in November 2021. It is described as an Act respecting measures in relation to the financial stability of post-secondary institutions.

Let’s call a spade a spade. Is this going to lead to taxpayers having to bail out colleges and universities sometime soon? And what are the details of how this will be implemented?

It was introduced by Senator Lucie Moncion, who is labelled as an independent. Her Senate biography lists her as having a “distinguished career of more than 38 years in the co-operative financial institutions sector, the last 16 as President and CEO”.

How very interesting that a longtime banker would be putting forward legislation to potentially bail out colleges and universities in Canada

Proposal
4 (1) The Minister must develop a proposal for federal initiatives designed to
(a) reduce the risk that an institution becomes bankrupt or insolvent;
(b) protect students, faculty and staff in the event that an institution becomes bankrupt or insolvent; and
(c) support communities that would be impacted by an institution becoming bankrupt or insolvent.

Consultation
(2) The proposal under subsection (1) must be developed in consultation with representatives from
(a) institutions;
(b) provincial and municipal governments;
(c) groups and associations of — or advocating on behalf of — students, faculty and staff of institutions.

Very interesting to have a former banker in the Senate, and introducing such a Bill.

The Bill went to Committee in October 2022, and doesn’t appear to have moved since. That is, of course, not to say that it won’t advance in the future. Of course, it’s always possible to be slipped into another, larger Bill, and passed with little to no debate.

Consultations will be made with groups acting on behalf of students, faculty and staff? Okay, how do we ensure that there is real representation?

As previously described here and here. Canadian colleges and universities are in fact registered charities, which are already receiving lucrative tax breaks.

There is a provision to support communities that would be impacted by an institution becoming bankrupt or insolvent. While may sound okay, one has to wonder why we have communities that are dependent on universities. Do we think it beneficial to require their survival?

Of all the things to prop up, why the higher education industry? We let citizens go bankrupt, but support this sector?

It’s hard to give a proper critique when there’s so little specific information here.

Sources:
(1) https://www.parl.ca/LegisInfo/en/bills?page=1
(2) https://www.parl.ca/LegisInfo/en/bill/44-1/s-215
(3) https://sencanada.ca/en/senators/moncion-lucie/
(4) https://www.parl.ca/DocumentViewer/en/44-1/bill/S-215/first-reading
(5) https://www.linkedin.com/in/lucie-moncion-3aa96228/
(6) https://odysee.com/@CanuckLawVids:2/Colleges-Are-Charities-Part-1:9
(7) https://odysee.com/@CanuckLawVids:2/Colleges-Are-Charities-Part-2:0

Private Member Bills In Current Session:
(A) Bill C-207: Creating The “Right” To Affordable Housing
(B) Bill C-219: Creating Environmental Bill Of Rights
(C) Bill C-226: Creating A Strategy For Environmental Racism/Justice
(D) Bill C-229: Banning Symbols Of Hate, Without Defining Them
(E) Bill C-235: Building Of A Green Economy In The Prairies
(F) Bill C-250: Imposing Prison Time For Holocaust Denial
(G) Bill C-261: Red Flag Laws For “Hate Speech”
(H) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(I) Bill C-312: Development Of National Renewable Energy Strategy
(J) Bill C-315: Amending CPPIB Act Over “Human, Labour, Environmental Rights”
(K) Bill S-243: Climate Related Finance Act, Banking Acts
(L) Bill S-248: Removing Final Consent For Euthanasia
(M) Bill S-257: Protecting Political Belief Or Activity As Human Rights