Category: Canadian Comparative

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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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Motorcycle Helmet Law Exemptions

(A new option for motorcycle riders in Ontario)

In British Columbia, Alberta, Manitoba, and now Ontario, Sikhs are now exempt from wearing helmets while riding motorcycles.

Other areas around the Western World have either implemented such an exemption, or have looked into it.

The Ontario law is to take effect on October 18.

This is being done under the guise of “accommodation” and “human rights”. But it is absurd. Helmets are worn to keep people safe. In the event of an accident, the helmet can prevent the riders head from getting cracked open. A piece of cloth is not a helmet, and does not provide protection. If the rider lands on his head, the road won’t care that the turban is a religious item.

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Voting Eligibility (Part 2) — Identification

Kudos to Rants Derek for his suggestion to cover this topic. Derek is a Canadian YouTuber, with his own style of humour in creating videos. Go watch his stuff.

This topic has to do with a fairly straightforward topic: Do you need I.D. to vote? For extra information, here is more information on other countries.

Canadian:
There are “options” when it comes to showing I.D., the information is available here.
(Option 1) Show 3 pieces of I.D.
(Option 2) 2 pieces of “I.D.” as long as something has your address on it. These “forms” include: library card, utility bill, credit card bill, or a variety of other documents.
(Option 3) If you don’t meet the “requirements” of Option 2, you can just swear or affirm an oath, and get someone to vouch for you.
Note: Provinces have their own requirements, this just focuses on Federal elections.

American:
Voting requirements appear to be left to the individual states to decide. Definitely a range:
(Option 1) Strict photo ID – Wisconsin, Kansas, Virginia
(Option 2) Non-Strict Photo ID — Arizona, North Dakota, Ohio
(Option 3) Photo ID Requested — Texas, Louisiana, Arkansas
(Option 4) ID Requested — Washington State, Iowa, Alaska
(option 5) No Documents at all — California, Nevada, Oregon

That is correct, in about 1/3 of states, no ID required at all to vote

British:
Almost unbelievably, there are no mandatory voter ID laws, although there are pilot projects underway to change that.
However, that is currently being challenged.

Australian:
In Australia, you are asked a few questions prior to voting, but ID isn’t required. Voting is mandatory, but ID is not required. Like the UK, efforts are being made to have a nationwide requirement for voting. And like the UK, that also is being challenged.

New Zealander:
Like Australia, voting is mandatory for citizens and permanent residents. However, citizens away for 3+ years, and permanent residents away for 1+ years cannot vote. ID is not necessary, just present you voting card.

Some Thoughts
The above list covered 5 English speaking, Common Law countries. It seems a bit unsettling to see that, aside from some U.S. states, ID is not necessary.

Seems that this type of system is ripe for abuse. If no ID is required, or no photo ID needed, then what is to stop large groups of people from potentially altering elections?

Critics of photo ID requirements claim that it discriminates against poor and marginalized people, and that there is no documented cases of abuse.

However, those arguments do not hold water. (1) If people are to be entrusted with voting on the future of a nation, then are we to expect that legal residents cannot get any ID whatsoever? (2) There may be no documented cases of abuse. Though if voters are undocumented, as lefties like to call them, then how would there be any documentation in the first place?

Clearly, each nation will have their own ways of doing things, but it appears that some safeguard must be put in place to ensure that the integrity of democratic systems is intact.

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Voting Eligibility (Part 1) — Crime & Citizenship


(Image by WordPress)

Who is allowed to vote?

Well, depending on where you go, you will get a very different answer. Do you have to be of good character? Can you currently vote while in prison? Do you even have to be a citizen?

This topic could fill several books, but this is just a starter piece. The article focuses on 2 main areas: criminality and non-citizenship

Canada, Criminality:
The Canada Elections Act of 1985 used to prohibit a person from being able to vote if they are serving a federal sentence (2 years or more). However, that was struck down in 2002. The Crown conceded it violated Section 3 of the Canadian Charter of Rights and Freedoms, that everyone had the right to vote in elections to govern the country. To be fair though, the dissenting Justices thought that the violations were reasonable. As things stand now, even persons in custody are allowed to vote, and jail officials must make accommodation for them to do so.

American, Criminality
The case of Richardson v. Ramirez (1974), held that the 14th Amendment, Section 2, was not violated in barring felons form voting (called felony disenfranchisement). Since then, the 50 states have written their own laws, and they widely vary widely, from Maine, which allows voting while incarcerated, to voting after release, to Idaho and voting after probation ends, to never voting, to Florida requiring a petition.

Australian, Criminality
Things are a bit different here. For starters, voting is mandatory. There are arguments both for and against it. In the past, anyone serving a sentence of 1 year or more was unable to vote. As it stands now, only those serving a sentence of at least 3 years cannot vote until the sentence is finished.

British, Criminality
The UK is having to revise their policies on letting prisoners and convicts vote, because of the European Court of Human Rights. Originally, they couldn’t, but that is changing. Interestingly, Members of Parliament can keep their seat if they have been sentenced to 1 year or less. So they could hold office, but not vote.

Much Europe has some restriction of voting rights, such as type of offense, and is the sentence fully served.

Laws vary widely around the world. However, the main argument against letting cons, or ex-cons vote is that they have violated the social contract with the people, and hence should not be a part of forming its laws.

Voting by Non-Citizens

While this list is too extensive to go through, many countries do allow permanent residents to vote if they have lived their for a long enough period.

Also many cities, such as San Francisco, Toronto, Hamilton, Calgary, Vancouver, allow voting for permanent residents.

One argument against letting non-citizens vote is that it weakens what it means to be a citizen. What then, distinguishes a citizen from a resident? A second is that the longer time to obtain citizenship is necessary to fully adapt to the new homeland. A third is that it leads to divided loyalty from Members of Parliament/Congress, who will look towards future voters more than current ones. All have some merit.

A push over the years from leftist politicians has been to let “undocumented immigrants” (a.k.a.) “illegal immigrants” vote in elections, as well as to reduce or eliminate voter identification requirements.

Note: Women are now allowed to vote in Western countries as well as many others. New Zealand and Australia led the way.

Author’s Views:
However, things do, or at least should have a limit.

(1) There have been many challenges to Voter ID laws, claiming that it discriminates against people who can’t get identification. The usual claim is wither poverty, or that the community lacks these services. Really, a legal citizen, or at least permanent resident can’t get I.D.?! Of course, if they are “undocumented”, that may be why they can’t get “documents”.

(2)So-called “Sanctuary Cities” are letting illegal immigrants vote which seems bizarre. Why should people in the country illegally be helping to vote in people to draft laws? Seems like a serious conflict of interest here.

It seems that items (1) and (2) are very much linked. Could objecting to voter I.D. requirements be to enable, or help cover up, illegal immigrants voting? Hard to say, there is no “documentation”. Could it be to help “elect” candidates who would push for more immigration and easier citizenship paths?

As for convicts voting, obviously everyone has different ideas. My personal choice would be: (a) not while in jail or parole; and (b) not for serious crimes such as murder/treason/terrorism/drug trafficking/sex offenses.

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Review of the Book “The New Nationalism”

(Conservative writer and YouTuber, Dr. Steve Turley, promoting his new book)

“The New Nationalism, How the Populist Right is Defeating Globalism and Awakening a New Political Order” was just released and is available online. The title is pretty self explanatory, as nations across the world are pushing hard to maintain their identities and sovereignties. Not only do nations and people want autonomy over their lands, they want to see their own cultures intact and thriving. It is a fairly quick at 78 pages, but is packed with information. While he acknowledges that globalists do make occasional advances, they are more of the exception, and that the general trend is towards nationalism.

Before getting too much into the book, let’s take a moment to acknowledge 2 sets of ideas hotly debated currently:

1. Civic v.s. Ethno Nationalism


(a) Nationalism (Identity) v.s. Multiculturalism (Values)
(b) Ethno Nationalism (Identity) v.s. Civic Nationalism (Values)

In many ways they are same argument: Is a nation defined as “who the people are” or by “what they believe”?

Those pushing for a greater unity, ethno-nationalist, argue that who the people are matters, be it: heritage, culture, common language, traditions, way of life, and often ancestry, are the necessary elements for a cohesive society. EN is commonly thought to be a racial supremacist ideology, but that just isn’t the case.

Those pushing for greater freedom and individuality, civic nationalist, are much more likely to believe in the multicultural way of life. The cohesive unity that ethno-nationalists stress is not nearly as important as more abstract beliefs such as freedom of speech, freedom of religion, freedom of association, and acceptance rather than assimilation of newcomers.

Civic nationalists claim (rightly), that their society promotes tolerance and diversity. Ethno nationalists claim (rightly), that there is nothing that holds them together, and that people will just form groups which do reflect their identities. These 2 ideologies are in fact arguing different things.

Within ethno-nationalism, there is a segment that believes that blood is the single biggest unifier (race). This is often referred to as “the Alt-Right”. Another group believer that other shared traits (culture), are what holds societies together, sometimes called “the Alt-Lite”. One group believes the other to be racist, while the other believes that group to be unrealistic.

In the book, “The New Nationalism”, Dr. Turley is quite clearly arguing a form of nationalism that focuses on a shared culture and traditions, while race itself is not important (Alt-Lite).

The book covers in depth 9 countries across the world: (1) Hungary; (2) Poland; (3) Bulgaria; (4) Italy; (5) Denmark; (6) Russia; (7) Turkey; (8) India; and (9) the United States. Now, for some key passages:

2. Quotes From Book

All over the world, a nationalist revolution is underway. In the past 17 years, the actual number of nationalist and populist parties across the European continent has nearly doubled, growing from 33 to 63.1 And these parties are seeing extraordinary electoral success. The share of votes won by populist parties in Europe has tripled in the course of such time, from 8.5 percent of the European vote to nearly 25 percent.

FIRST TAKEAWAY: The opening paragraph gets right to the point. Using Europe as a model, nationalism is on the rise, and that the # of political parties is rising, as is the % of the popular vote they are receiving. In fact, the first five Chapters deal with European countries where nationalism is still rising: Hungary; Poland; Bulgaria; Italy; and Denmark.

>However, for what I’m calling here the New Nationalism, the communist threat is of course gone, as is any notion of biological racial superiority.

SECOND TAKEAWAY: That the growing nationalism here is built on shared customs, cultures, etc… and that race is not the driving motivation.

Because globalization eclipses the nation-state with wider transnational economic and political processes, many scholars believe that globalization is bringing an end to the whole concept of distinct nations.

THIRD TAKEAWAY: Globalism is a threat to nations because it attempts to break down what actually makes nations distinct.

…. that Orban wants to create an authoritarian theocracy. In fact, nothing can be farther from the truth. As Orban makes clear, Christian democracies absolutely affirm a separation of powers between church and state. The church and the state are wholly unique and distinctive institutions. But what makes Christian democracies different from globalist societies is that while they recognize a separation of powers between church and state, they don’t recognize a separation of purpose.

FOURTH TAKEAWAY: While nations like Hungary may want to maintain a Christian nation, it will not lead to autocratic rule.

open borders mean open values. And so, what does this mean for the EU’s immigration quotas? Very simply, mass unfettered immigration fulfills the political precondition for more liberal democratic social policies. The less secure a nation’s borders, the less secure a nation’s customs and culture.

FIFTH TAKEAWAY: Mass immigration will actually lead to the break down of society. If any and all people and their customs are welcome, then what makes a nation unique? This is actually the main argument against multiculturalism.

However, Poland has no shortage of detractors, particularly in Brussels. One critic accused Poland of “abdicating” its leading role in Central Europe by refusing to bend to the EU’s demands on migrant quotas and internal judicial reforms. But in the process of making these observations, she ended up admitting that the nation of Poland poses a greater existential threat to the EU than does Brexit.22

When the Poles didn’t, Article 7 was enacted to try to strip Poland’s voting rights away.

SIXTH TAKEAWAY: Interesting, that for all the praise that the EU gives to diversity and multiculturalism, it seems they have to force member states like Poland to comply. This is an attempt to overrun their sovereignty and impose laws on them. How exactly is Poland an independent country if it “bends the knee”?

What Salvini is advocating here is but the latest chapter of a history of what scholars call the internationalizing of the nationalist right. While leaders in the nationalist right have focused primarily on local and national elections, they all recognize that transnational politics are in many ways just as equally important, because the ultimate adversary in all of this is globalization, and globalization is by definition transnational.

SEVENTH TAKEAWAY: While individual nations are taking back their autonomy, there is a collective good in such nations working together to do so.

>With communism dead, something even more compelling, more deeply rooted in the Russian soul would have to take its place. And that is the real contribution of Vladimir Putin; he found that the way forward for Russians would be a return, a retraditionalization that would involve reawakening Russia’s pre-Soviet history, her culture, traditions, customs, and Orthodox religion that would serve as the foundation for a rebirth and renewal of Russian civilization.

EIGHTH TAKEAWAY: Russia, facing more and more break off portions, was able to keep itself fairly intact because it focused on what the various regions and people had in common. Putin has said many times, “we are of many ethnicities, but we are Russian first.”

Putin does not celebrate a secularized vision of human rights irrespective of culture; he doesn’t affirm a notion of civil rights that favors certain races, genders, and sexual orientations. Rather, the rights, protections, and freedoms experienced by citizens of the Russian Federation are the direct result of a distinctively Russian culture, religion, society, and sentiments.

NINETH TAKEAWAY: Identity politics is bad. Focusing on collective identity is good. Simple enough.

However, there is one section that seems puzzling.

For example, there have been reports of forced conversion attempts on Christian families in Indian villages by Hindu nationalists, the desecration of churches, and actual physical violence and assaults against Christians, Muslims, and Buddhists. These are of course unacceptable in any humane society. But what we have to understand is that, unfortunately, such acts of religious persecution are really just par for the course given the fact that secularism is seen more and more as that ideology that persecutes a nation’s dominant religious identity….. To just defer to good ol’ fashioned secular human rights such as religious freedom, as our Western elites like to do, does absolutely nothing to remedy this problem, but I believe has the reverse effect; it employs rhetoric that only exasperates it.

Perhaps I am missing something, but wouldn’t this be a compelling argument in favour of secularism? If physical violence and religious persecution are “par for the course”, wouldn’t taking religion out of the way of life make things safer for everyone? For example, the Western World has seen repeatedly what “devout practitioners” from Islam are capable of doing.

3. Overall Impression

The New Nationalism is a very informative read. 9 countries are gone through in depth, although many more are mentioned in the introduction. The author has clearly put a lot effort into the research and presentation. While there are exceptions, the overall path seems to be towards nationalism and against globalism.

4. Relevance To This Site

Canucklaw.ca is founded on the idea of discussing and examining comparative law. As such, ideas and systems — good and bad — are looked at. If nationalism is to be the major trend (and the evidence says it will), then new laws are certain to be introduced. Likewise, there are likely to be many court challenges and appeals, as the nationalists and globalists fight it out. This should be a fertile source for research and commentary.

5. Nationalism Is Coming

Dr. Turley covered the election of Doug Ford in June 2018. Worth a watch. (Update: on October 2, he covered the Nationalist Win in Quebec).

Currently, we have: (1) Parliament appoints to cabinet based on gender quotas; (2) criticism of Islam is banned; (3) compelled speech for gender pronouns; (4) Pro-Life candidates are banned from running for office in certain parties; (5) summer jobs grants are denied for wrongthink; (6) opposition to ISIS fighters returning is considered islamophobia; (7) asking about costs for illegal immigration is considered racist; (8) murders of citizens by “Syrian refugees” is laughed off; (9) Diversity is entropy, and apparently, breaking down society is our strength; (10) discussing the challenges of multiculturalism gets condemned by “Conservatives”; (11) $10.5 Million for a this terrorist; (12) $31 million for these accused terrorists; (13) Canada apparently has no core identity; (14) “Old -Stock” Canadians should apparently be replaced; (15) Pride parades which are outright lewd; (16) Showing tolerance and inclusion at Pride, by banning police; (17) Statues of our founder Sir John A. MacDonald taken down; (18) Parks named after foreign founders; (19) ”Gender neutral” national anthem; (20) ”peoplekind” instead of mankind, and so on….

Back to the Nationalism (Identity) v.s. Multiculturalism (Values) mentioned earlier, it was mused that globalists don’t want an identity, that there only be certain “values”. However, it seems that many don’t even want “values”, as they would require logic and consistent standards to apply them.

There are some interesting postings from Candice Malcom: CLICK HERE, and CLICK HERE,

Canada has a federal election on October 19, 2019. If there is a nationalist candidate who might win, it would look something like this, or this, or this, or possibly this or this or this, or this, or maybe this.

Canada needs a rise in nationalism. If multiculturalism actually worked — anywhere — we would not need an ever expanding set of laws telling us how to live, and how to accommodate radically different people. Perhaps Dr. Turley can one day do such a book (or a second edition) on Canada

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Rebuilding Your Life After Doing Something Stupid

(Screenshot of the Main Page of New Zealand’s “Clean slate Scheme”)

What happens to a person long after committing a criminal offense? Once a person has paid all obligations (prison, probation, fine) the charge still follows them around, right? Well, yes and no. While the convictions themselves do not disappear, there are options for getting the person back into society. Since a record limits people’s prospect for travel, work, education, adoption, etc… there are ways to get around this depending on the circumstances.

This article looks at 5 Common Law Countries: (a) UK; (b) US; (c) Canada; (d) Australia; and (e) New Zealand.

(a) UK: Spent convictions

Here is a link to the U.K. branch. The 1974 rehabilitation of offenders act refers to charges as ”spent” or ”unspent”. Spent charges are to have no impact on the person in most circumstances.

The waiting period differs. For example, community orders are spent a year after they are completed. Custody sentences range from 2 years, to 4 years, to 7 years, to permanently ineligible.

Also, the act has been amended. It used to be 30 months was the cut off period for charges being spent. It is now 48 months (4 years).

(b) US: Pardons

Click Here for more information.

This is still largely a political process, and can be done at the State level (by a Governor), or at the Federal level (by the President). Critics however believe that it largely leads to political and connected people getting the break. Those with minor charges do still get them often.

(c) Canada: Pardons, a.k.a. “Record Suspensions”

Click Here for the National Parole Board

For summary (misdemeanors) it is 5 years after the sentence is served

For indictable (felonies) it is 10 years after sentence is served.

In 2010 the rules were changed to prevent longer term and series criminals from getting their records sealed. Notorious pedophile Graham James discovered to have gotten one. This was 2010, and the rallying cry for reform became ”pass these reforms, or Karla Homolka also gets a pardon”.

However, those have been struck down for Ontario and BC residents, at least as far as those who finished a sentence before 2010. See here.

Note: to Canadian traveller’s going to the US — Homeland Security specifically says it does not recognise a Canadian pardon/suspension and a waiver must still be applied for.

One other thing of note: there are restrictions on those who can get one, (a) anyone serving a life sentence; (b) anyone declared a dangerous offender; (c) those with 3 or more felonies if they resulted in 2+ years in prison; (d) sex offences are still flagged in vulnerable persons checks; (e) drug trafficking if still flagged in U.S. access.

(d) Australia: Spent Convictions

Click Here for the link to the Australian site.

Australia ”spends” convictions, though it appears that the rules differ somewhat if the crime was committed in Australia v.s. abroad

(e) New Zealand: Clean Slate Scheme

Click Here, and also Click Here for information on the New Zealand site.

This scheme only refers to NZ society, and acknowledges that it isn’t recognized in many other places.

In order to be eligible, no jail sentence must ever have been imposed.

SOME THOUGHTS

This looked at 5 Common Law Countries: UK/US/Australia/New Zealand and Canada. While the result is much the same, one major difference is that the US system seems to be politically based.

Still, good news for those looking to move on. Doing something stupid (any fairly minor), shouldn’t be a lifetime hinderance for people looking to rebuild their lives.

In almost all circumstances, a pardon/suspension/spending can be revoked if the person commits more crimes. Makes sense, as its intended use is for people who have moved on. According to sources within the Canadian justice system, 96% of people who get a record seal do not commit other crimes. That is 24 out of every 25 people. Being able to clear a record is helpful for the vast majority of people.

Understandably, it does upset some people that ex-cons are able to seal or move on afterwards. In particular, many victims and their families take issue with this. And depending on the circumstances, they are absolutely right. However, these options seem much more geared towards minor offences and not towards serious, repeat offenders.

The 5 Common Law countries listed here all have this option, to varying degrees. Not sure where else it exists, but worth a close look.