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

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

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

Private Member’s Bill C-315: Amending CPPIB Act Over “Human, Labour And Environmental Rights”

New Democrat Member of Parliament Alistair MacGregor recently introduced Bill C-315, to amend the Canada Pension Plan Investment Board Act. At least, his name is on it. It’s unclear if he actually wrote this legislation.

On the surface, this is a Bill to get Canada’s national pension plan to move away from certain activities, at least as far as investing is concerned. To the novice reader, there’s nothing objectionable. It’s short, and (apparently) straight to the point.

But, at its core, this is a form of economic warfare against certain industries. Companies (or sectors)

Preamble
Whereas the Canada Pension Plan is a major pillar of Canada’s retirement income system and the Canada Pension Plan fund is one of the largest sovereign wealth funds in the world;
.
Whereas capital markets can have a tremendous impact and influence on environmental and social outcomes;
.
And whereas Canada, having a long history as a defender of human rights and freedoms, is committed to promoting responsible business practices and holding to account those who violate human, labour and environmental rights;

1 Section 35 of the Canada Pension Plan Investment Board Act is renumbered as subsection 35(1) and is amended by adding the following:
Considerations
(2) The investment policies, standards and procedures, in order to take into account environmental, social and governance factors, shall provide that no investment may be made or held in an entity if there are reasons to believe that the entity has, in performing acts or carrying out work,
(a) committed human, labour or environmental rights violations;
(b) produced arms, ammunition, implements or munitions of war prohibited under international law; or
(c) ordered, controlled or otherwise directed acts of corruption under any of sections 119 to 121 of the Criminal Code or sections 3 or 4 of the Corruption of Foreign Public Officials Act.

In fairness, it’s nice that this is transparent about its intent. The CPPIB Act is to be amended to use its financial power to influence social change.

Admittedly, this Bill isn’t entirely bad. It does make sense not to do business with companies that are engaged in arms manufacturing if they may be a threat to Canada.

However, some of the more subjective areas leave opportunities for double standards to take place. Who decides if “environmental rights” have been violated? Considering vaccine passports were a recent issue, what qualifies as “human rights” violations? What about “labour rights”? Would it be illegal to bring in replacement workers? Since none of this is clearly defined, how could any sort of consistency be applied?

This is a common problem in these kinds of bills. Since key terms are undefined, then everything becomes subjective, and impossible to enforce in any uniform matter. Politicians may vote on them, but then it is up to unelected bureaucrats to work out the details.

Sources:
(1) https://www.parl.ca/legisinfo/en/overview
(2) https://www.ourcommons.ca/Members/en/alistair-macgregor(89269)
(3) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-315/
(4) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-315/first-reading

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 S-243: Climate Related Finance Act, Banking Acts
(K) Bill S-248: Removing Final Consent For Euthanasia
(L) Bill S-257: Protecting Political Belief Or Activity As Human Rights

Private Member’s Bill C-312: Development Of A National Renewable Energy Strategy

Bill C-312 is about developing of a national renewable energy strategy, or so it’s claimed.

This Bill (supposedly) was written by New Democrat Member of Parliament Don Davies. However, he seems to be writing the United Nations’ dictates and trying to implement them into Canadian law. Remember how all these international agreements were supposed to be “non-binding”?

To add the usual disclaimer: Private Bills often don’t become law on their own. That being said, the contents can later be slipped into other, larger pieces and get passed with little to no debate.

The text of the Bill says “develop and implement” a national strategy. It’s doesn’t simply want a plan drawn up. The logical conclusion one could draw from this is that it will force closure of industries and businesses that don’t go along with the plan.

Preamble
Whereas the Intergovernmental Panel on Climate Change has been clear that averting catastrophic climate change requires global net human-caused greenhouse gas emissions to fall by 45% from 2010 levels by 2030 and reach net zero by 2050;
.
Whereas, on a national scale, jobs in the clean energy sector are projected to grow nearly four times faster than the average in other sectors between 2020 and 2030, and the sector’s contribution to gross domestic product is set to increase at more than double the average over the same period;
.
And whereas Canada must accelerate its transition to a clean energy future to meet the federal government’s target of reducing greenhouse gas emissions by 40% to 45% below 2005 levels by 2030;

Development of national strategy
3 The Minister must, in consultation with the provincial government representatives responsible for energy matters and with Indigenous governing bodies, develop and implement a national strategy to provide that, by December 31, 2030, 100% of electricity generated in Canada must be from renewable energy sources.

Objectives of national strategy
4 The national strategy must include measures designed to achieve the following objectives:
(a) the initiation in each calendar year of twice as many renewable energy production projects as non-renewable energy production projects;
(b) an increase in investment in the research and development of renewable energy technologies;
(c) cooperation between the federal government and provincial governments in the establishment of new large-scale public electric utilities; and
(d) the creation of a renewable energy economy and renewable energy jobs.

Incentives
5 (1) Within one year after the day on which this Act comes into force, the Minister, together with the Minister of Finance, must design and implement incentives to encourage the development of, and investment in, renewable energy projects related to solar, wind, tidal or biomass electricity generation and to encourage homeowners and businesses to retrofit their properties with new or more efficient renewable energy technologies to increase the proportion of electricity used by these properties that is derived from renewable energy sources.

This Bill, if implemented, will kill of the oil & gas industry in Canada. And it appears designed to do so.

There is a quota system, where there would be at least twice as many “renewable” energy projects started as non-renewables. They would also be subsidized, making them appear artificially cheaper.

This is essentially the “Green New Deal” that Alexandria Ocasio-Cortez pushed back in 2019. Of course, she wasn’t the original author of that plan, and was simply advancing a scheme developed over a decade earlier.

Isn’t it interesting how so much Canadian legislation can actually be traced back to foreign actors with their own agendas?

Sources
(1) https://www.parl.ca/legisinfo/en/overview
(2) https://www.parl.ca/legisinfo/en/bill/44-1/c-312
(3) https://www.ourcommons.ca/Members/en/don-davies(59325)
(4) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-312/first-reading

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 S-243: Climate Related Finance Act, Banking Acts
(J) Bill S-248: Removing Final Consent For Euthanasia
(K) Bill S-257: Protecting Political Belief Or Activity As Human Rights

Private Member’s Bill C-229: Banning (Without Defining) Symbols Of Hate

Private Member’s Bill C-229 was introduced in early 2021 by N.D.P. M.P Peter Julian. The stated purpose of this piece is to ban so-called symbols of hate.

This goes far beyond Human Rights Tribunals and fines. This Bill (if passed) would amend the Criminal Code and potentially put people in prison for up to 2 years.

Free speech advocates should be calling out such legislation. However, considering this isn’t a Government Bill, it’s likely that few know about it.

-Whereas Parliament recognizes the importance of preventing all forms of hatred or violence against any group that is distinguished by colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability;
-Whereas Parliament acknowledges past atrocities and violence committed against such groups by persons or organizations whose symbols, emblems, flags and uniforms continue to this day to be used to promote or incite hatred and violence against these groups;
-And whereas it is in the interest of all Canadians to prevent the display or sale of symbols or emblems such as the Nazi swastika and the Ku Klux Klan’s insignia, flags such as the standards of Germany between the years 1933 to 1945 and those of the Confederate States of America between the years 1861 to 1865 and uniforms, including the German and Confederate States of America military dress of those periods, as well as the hoods and robes of the Ku Klux Klan;

There’s also an obvious pivot here. While the Bill states that it’s in the interest of Canadians to ban Nazi or KKK symbols, the earlier text makes it obvious that the scope is far more broad. Specifically, it lists:

  • colour;
  • race;
  • religion;
  • national or ethnic origin;
  • age;
  • sex;
  • sexual orientation;
  • gender identity or expression;
  • mental or physical disability

Another major problem is there is no distinction between “hate”, and having a lively and controversial discussion. What about protests based on honest beliefs? Could signs, slogans and speech be lumped in with symbols?

Is it a violation of “gender identity or expression” to say that biological men don’t belong in women’s sports, changerooms or prisons? It it hateful to say that there are only 2 genders (assigned from before birth), and that there’s no switching between them?

As for discrimination against age, could pedophiles use this in order to justify actions and behaviours that would otherwise be considered criminal? Would it be illegal now to criticize and condemn them?

There is a further complication. The Bill would add a provision that states no prosecution will happen if in good faith: “including for educational purposes or accurate depiction in a film, and if on reasonable grounds the person believed the display to be proper and for the public benefit”. Now, who’s to say what’s good faith and what’s not?

It appears that such legislation could be selectively applied to target people depending on their ideology. This is so poorly written that it leaves plenty of room for abuse and misapplication.

Sources:
(1) https://www.parl.ca/legisinfo/en/bills?page=3
(2) https://www.parl.ca/legisinfo/en/bill/44-1/c-229
(3) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-229/first-reading
(4) https://www.ourcommons.ca/Members/en/peter-julian(16399)

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-235: Building Of A Green Economy In The Prairies
(E) Bill C-250: Imposing Prison Time For Holocaust Denial
(F) Bill C-261: Red Flag Laws For “Hate Speech”
(G) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(H) Bill S-243: Climate Related Finance Act, Banking Acts
(I) Bill S-248: Removing Final Consent For Euthanasia
(J) Bill S-257: Protecting Political Belief Or Activity As Human Rights