Canadian Decisions – Page 20

October 31, 2020October 19, 2022

CCS #6(B): Carbon Tax Challenge Is Designed To Fail At Supreme Court Of Canada

Originally featured as the resistance, this group is going through the motions of pretending to oppose a Carbon tax, and the globalist agenda as a whole. Now the Supreme Court of Canada is about to weigh in.

1. Debunking The Climate Change Scam

The entire climate change industry, (and yes, it is an industry) is a hoax perpetrated by the people in power. See the other articles on the scam, the propaganda machine in action, and some of the court documents in Canada. Carbon taxes are just a small part of the picture, and conservatives are intentionally sabotaging their court cases.

2. Important Links

CLICK HERE, for Saskatchewan Court of Appeal ruling.
CLICK HERE, for Saskatchewan Courts, info for users.
CLICK HERE, for Ontario Court of Appeal ruling.
CLICK HERE, for ONCA challenge documents, pleadings.
CLICK HERE, for Alberta Court of Appeal ruling.
CLICK HERE, for ABCA challenge documents, pleadings.
CLICK HERE, for Supreme Court of Canada constitutional challenge.

Listings Of Documents Filed With Court

3. Saskatchewan Court Of Appeal (May, 2019)

II. OVERVIEW
[4] The factual record presented to the Court confirms that climate change caused by anthropogenic greenhouse gas [GHG] emissions is one of the great existential issues of our time. The pressing importance of limiting such emissions is accepted by all of the participants in these proceedings.

[5] The Act seeks to ensure there is a minimum national price on GHG emissions in order to encourage their mitigation. Part 1 of the Act imposes a charge on GHG-producing fuels and combustible waste. Part 2 puts in place an output-based performance system for large industrial facilities. Such facilities are obliged to pay compensation if their GHG emissions exceed applicable limits. Significantly, the Act operates as no more than a backstop. It applies only in those provinces or areas where the Governor in Council concludes GHG emissions are not priced at an appropriate level.

[6] The sole issue before the Court is whether Parliament has the constitutional authority to enact the Act. The issue is not whether GHG pricing should or should not be adopted or whether the Act is effective or fair. Those are questions to be answered by Parliament and by provincial legislatures, not by courts.

From the Saskatchewan Court of Appeal ruling. All parties, including those of Scott Moe, and his “conservative” allies, all admitted that climate change was a dire threat. The case was only over very narrow technical arguments. The junk science behind the Carbon tax was never questioned.

4. Ontario Court Of Appeal (June, 2019)

Greenhouse Gas Emissions and Climate Change
[6] Climate change was described in the Paris Agreement of 2015 as “an urgent and potentially irreversible threat to human societies and the planet”. It added that this “requires the widest possible cooperation by all countries, and their participation in an effective and appropriate international response”.

[7] There is no dispute that global climate change is taking place and that human activities are the primary cause. The combustion of fossil fuels, like coal, natural gas and oil and its derivatives, releases GHGs into the atmosphere. When incoming radiation from the Sun reaches Earth’s surface, it is absorbed and converted into heat. GHGs act like the glass roof of a greenhouse, trapping some of this heat as it radiates back into the atmosphere, causing surface temperatures to increase. Carbon dioxide (“CO2”) is the most prevalent GHG emitted by human activities. This is why pricing for GHG emissions is referred to as carbon pricing, and why GHG emissions are typically referred to on a CO2 equivalent basis. Other common GHGs include methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and nitrogen trifluoride.

[8] At appropriate levels, GHGs are beneficial. They surround the planet like a blanket, keeping temperatures within limits at which humans, animals, plants and marine life can live in balance. The level of GHGs in the atmosphere was relatively stable for several million years. However, since the beginning of the industrial revolution in the 18th century, and more particularly since the 1950s, the level of GHGs in the atmosphere has been increasing at an alarming rate. Atmospheric concentrations of CO2 are now more than 400 parts per million, a level not reached since the mid-Pliocene epoch, approximately 3-5 million years ago. Concentrations of other GHGs have also increased dramatically.

[29] On December 9, 2016, eight provinces, including Ontario, and the three territories adopted the Pan-Canadian Framework on Clean Growth and Climate Change (the “Pan-Canadian Framework”), which explicitly incorporated the Benchmark. At that time, British Columbia, Alberta and Québec already had carbon pricing mechanisms, and Ontario had announced its intention to join the Québec/California cap-and-trade system. Manitoba subsequently adopted the Pan-Canadian Framework on February 23, 2018. Saskatchewan did not adopt it. The Pan-Canadian Framework emphasized the significant risks posed by climate change to human health, security and economic growth and recognized carbon pricing as “one of the most effective, transparent, and efficient policy approaches to reduce GHG emissions”, promote innovation and encourage individuals and industries to pollute less.

[55] Ontario agrees that climate change is real, is caused by human activities producing GHG emissions, is having serious effects, particularly in the north, and requires proactive measures to address it. Ontario does not agree, however, that what it labels a “carbon tax” is the right way to do so. It says that Ontario will continue to take its own approach to meet the challenge of reducing GHG emissions.

[56] Ontario points to the success of its own efforts to reduce GHG emissions, the most significant of which has been the closure of all five of Ontario’s coal-fired electricity generation plants, which has reduced Ontario’s annual GHG emissions by approximately 22 percent below 2005 levels as of 2016.

[57] Ontario’s environmental plan (“Preserving and Protecting our Environment for Future Generations: A Made-in-Ontario Environment Plan”), released in November 2018, proposes to find ways to “slow down climate change and build more resilient communities to prepare for its effects”, but it will do this in a “balanced and responsible” way, without placing additional burdens on Ontario families and businesses.

[58] Ontario has committed to reducing its emissions by 30 percent below 2005 levels by 2030, which aligns with Canada’s target under the Paris Agreement. It will do so, for example, by updating its Building Code, O. Reg. 332/12, increasing the renewable content of gasoline, establishing emissions standards for large emitters, and reducing food waste and organic waste.

From the Ontario Court of Appeal ruling. The Ford Government does not question the climate change agenda in any way, shape or form. Nor do his partners. In fact, there is a lot of bragging that Ontario is already doing a great job combatting climate change.

5. Alberta Court Of Appeal (February, 2020)

I. Introduction
[1] Calls to action to save the planet we all share evoke strong emotions. And properly so. The dangers of climate change are undoubted as are the risks flowing from failure to meet the essential challenge. Equally, it is undisputed that greenhouse gas emissions caused by people (GHG emissions) are a cause of climate change. None of these forces have passed judges by. The question the Lieutenant Governor in Council referred to this Court though – is the Greenhouse Gas Pollution Pricing Act, SC 2018, c 12 (Act) unconstitutional in whole or in part – is not a referendum on the phenomenon of climate change.[1] Nor is it about the undisputed need for governments throughout the world to move quickly to reduce GHG emissions, including through changes in societal behaviour. The federal government is not the only government in this country committed to immediate action to meet this compelling need. Without exception, every provincial government is too.[2]

[2] Nor is this Reference about which level of government might be better suited to address climate change or GHG emissions. Or whether a uniform approach is desirable. Or who has the best policies. Or what are the best policies. Or who could do more to reduce GHG emissions in the world. This Court cannot compare causes with causes, means with means, provinces with provinces or nations with nations in the global struggle against climate change. But what it can do is offer our opinion on the constitutionality of the Act under Canada’s federal state.

[460] Alberta, according to Robert Savage, who has worked primarily in the climate change field for Alberta since 2004 and is now Alberta’s assistant deputy minister of the Climate Change Division of Alberta Environmental and Parks, “has long accepted the scientific consensus that human activity, in particular the production of … [greenhouse gases is] … a significant contributory factor to climate change, and that if action is not taken to reduce global … [greenhouse gas] emissions, the potential impacts of climate change will be more severe”.[346]

[461] Mr. Savage, with justification, asserts that “Alberta has been a pioneer in Canada and North America with respect to climate change initiatives, with a long history of innovative policies, regulatory schemes, and investments in technology targeted at reducing GHGs”.[347]

[462] He also claims that Alberta was one of the first Canadian jurisdictions to adopt “a comprehensive action plan to reduce GHG emissions”.[348]

[463] The 2002 Albertans & Climate Change: Taking Action plan dealt with better emissions management, enhanced technology to control industrial emissions, enhanced energy efficiency and the development of renewable energy sources.[349]

[464] The 2002 climate change plan contained ambitious components. It targeted a fifty percent reduction of 2002 emissions by 2020 per unit of gross domestic product. It directed large emitters to measure and report to government emissions data. It emphasized the need to manage carbon dioxide emissions and develop biological sinks. It encouraged Albertans to consume less energy.

From the Alberta Court of Appeal ruling. Once again, none of these “conservative” parties oppose the climate change agenda in any way. Instead, they argue for the right to implement their own programs. Now it may be poor wording, but this doesn’t exclude PROVINCIAL Carbon taxes at some point.

6. Federal Conservatives Support Climate Hoax

This interview clip with Alberta MP Garnett Genuis is from 2017. Then Leader Andrew Scheer whipped his caucus into voting for a motion to support the Paris Accord. Now Genuis tries to defend it, and fails.

However, the CPC would likely have still supported it if they were in power. Stephen Harper signed Agenda 2030 in September 2015, and there’s no reason to indicate he wouldn’t have signed the Paris Accord as well. Either Conservatives are unaware of the deeper globalist agenda, or they don’t care.

7. Supreme Court Of Canada: Ontario (Appellant)

PART I – OVERVIEW AND FACTS
1. This case is not about whether action needs to be taken to reduce greenhouse gas emissions or the relative effectiveness of particular policy alternatives. It is about (1) whether the federal Greenhouse Gas Pollution Pricing Act (the “Act”) can be supported under the national concern branch of the POGG power; and (2) whether the “charges” imposed by the Act are valid as regulatory charges or as taxes. The answer to both questions should be no.

2. The provinces are fully capable of regulating greenhouse gas emissions themselves, have already done so, and continue to do so. Ontario has already decreased its greenhouse gas emissions by 22% below 2005 levels and has committed to a 30% reduction below 2005 levels by 2030 – the same target to which Canada has committed itself in the Paris Agreement.

14. Internationally, while there is broad consensus about the importance of urgently addressing climate change, parties to the Paris Agreement are not required to implement carbon pricing as part of their efforts to reduce greenhouse gas emissions. Article 6.8 of the Paris Agreement specifies that the Parties “recognize the importance of integrated, holistic and balanced non-market approaches being available to the Parties.” The Act therefore imposes standards that are more stringent than the requirements of the Paris Agreement.

C. Ontario Has Taken and Will Continue to Take Strong Actions Across Its Economy and Society to Address Greenhouse Gas Emissions
.
15. Ontario agrees with Canada that climate change is real and needs to be addressed. That is why Ontario has taken steps to implement a made-in-Ontario plan to protect the environment, reduce greenhouse gas emissions, and fight climate change. Ontario has set itself the goal of reducing Ontario’s emissions by 30% below 2005 levels by 2030.

Ontario’s Factum (as the Appellant). Although other parties are joining in as Intervenors, Ontario is officially the party that is appealing.

8. Supreme Court: Manitoba (Intervenor)

PART I – OVERVIEW AND STATEMENT OF FACTS
1. This appeal strikes at the heart of federalism. It provides this Court with an opportunity to further delineate the parameters of the test for the national concern branch of peace, order and good government (POGG), as set out in Crown Zellerbach over 30 years ago.

2. No one disputes that climate change and the reduction of greenhouse gas (GHG) emissions are of paramount importance. The issue is whether Parliament has exclusive jurisdiction to impose its preferred policy choice on the provinces. Manitoba agrees with the Appellants’ submissions that reducing GHG emissions lacks the singleness, distinctiveness and indivisibility necessary to support an exercise of the POGG power. If Parliament were to have jurisdiction under POGG to impose national standards to reduce GHG emissions as a matter of national concern, there would be virtually no limit to Parliament’s ability to legislate in areas of provincial jurisdiction, given the breadth of activities that create GHG emissions. This would substantially disrupt the balance of federalism.

6. Manitoba is fully committed to reduce GHG emissions and agrees that all governments must play a role and work cooperatively to implement effective solutions to combat and mitigate climate change. Climate change is one of the main pillars of Manitoba’s Climate and Green Plan, 2017 (Climate Plan), which aims to reduce GHG emissions, invest in clean energy and adapt to the impacts of climate change.

7. When first introduced, Manitoba’s Climate Plan included carbon pricing as one among many tools to help reduce GHG emissions. It recognized that free-market forces could be used together with smart regulation to tackle climate change and make meaningful emission reductions. In addition to other measures, Manitoba proposed to introduce a flat $25 per tonne carbon tax. The proposed carbon tax would start at more than double the initial federal price of $10 per tonne, and would remain constant at $25 from 2018 to 2022.

Manitoba has decided to enter the case as an Intervenor for Ontario. The “conservative” Brian Pallister supports the climate change agenda fully, but only objects to this specific tax. Ideologically, he is fully on board.

9. Supreme Court: Saskatchewan (Intervenor)

PART I – OVERVIEW AND FACTS
A. Introduction
1. This appeal concerns whether federal legislation that regulates provincial greenhouse gas (GHG) emission sources is constitutional. What is specifically at stake is whether the federal government has jurisdiction to unilaterally impose its chosen policy to regulate sources of GHG emissions on the provinces. The Greenhouse Gas Pollution Pricing Act (the “GGPPA” or “Act”) functions as if the federal government is legislating in place of a province itself. It is supervisory, and its legislative machinery reveals that what the federal government is truly doing is passing provincial legislation in those provinces it feels have inadequately adopted the federal policy.

2. This appeal does not concern whether global climate change is real and concerning or if the provinces are taking sufficient action to reduce GHG emissions. All parties agree that global climate change is a significant societal problem and all provinces have and continue to take action to reduce GHG emissions. In the Courts below, many submissions, including those of the Attorney General of Canada, focused on the nature of climate change and the importance of carbon pricing as an effective method of reducing GHG emissions. However, the efficacy of carbon pricing is not relevant to the constitutionality of the GGPPA, which must be derived from whether it is within the legislative competence of the federal government.

That was from the submissions of the Attorney General of Saskatchewan, acting as an Intervenor in the Ontario appeal to the Supreme Court. Again, Scott Moe confirms that climate change is a threat to humanity, but that this particular tax is unconstitutional on technical grounds.

10. Supreme Court: Alberta (Intervenor)

A. Overview
1. In a case like this with profound implications for the division of powers, the court’s overriding concern must be maintaining the structure of our federal system of government.

2. The court cannot and should not base its decision on what it considers necessary to address a global problem such as climate change or what it believes are the best policy solutions for reducing greenhouse gas (“GHG”) emissions, particularly in light of genuine and reasonable policy disputes as to what approaches strike the right balance in particular contexts.

3. With respect, this was lost sight of in the majority decisions of the Courts of Appeal below. The majority judges in these cases appeared to conclude that the importance of addressing climate change justified the federal government controlling how the provinces exercise their jurisdiction over the regulation of GHG emissions under the national concern branch of the Peace, Order and Good Government (“POGG”) power.

As before, Alberta doesn’t actually challenge the climate change agenda in any way. The argument (as in all cases), is that Provinces should be left alone to come up with their own solutions. With everyone saying that climate change is a serious threat, the Court will never consider just how corrupt and fraudulent it really is.

11. Supreme Court: BC (Intervenor)

PART I: OVERVIEW OF POSITION AND STATEMENT OF FACTS
1. The troubling question raised by these references is whether our system of federalism is an obstacle to addressing the existential threat of global climate change. Are we the only major emitting country in the world whose constitution renders it impossible to make national commitments to reduce greenhouse gases? Or can national targets be met using means compatible with the unity-in-diversity that characterizes Canada’s federal structure?

2. In British Columbia, the “future” of a climate transformed by human greenhouse gas emissions is here now. A major industry has already been devastated: people have already been forced out of their homes. The province has experienced an average temperature increase of 1.4°C since 1900 – the limit of what scientists tell us would destabilize biological and social systems globally. A succession of relatively warm winters in the 1990s led to the mountain pine beetle epidemic and, as a direct consequence, the loss of most of the merchantable pine volume in interior British Columbia by 2012. The worst forest fire seasons on record occurred back-to back in 2017 and 2018. The elevated risk is because of climate change. In coming decades, British Columbia can expect wildfires like California’s today. Melting permafrost will damage infrastructure in Northern British Columbia, especially for remote communities and Indigenous peoples. Sea level rise poses risk of unquantifiable flooding losses for coastal British Columbia, particularly Prince Rupert and the Fraser River delta, where 100 square kilometres of land are currently within one metre of sea level. This includes the City of Richmond, home to 220,000 people

The NDP Government of British Columbia openly supports the climate change agenda, as do so-called “conservatives”. But at least the NDP is up from about this.

That said, the part about forest fires needs to be addressed. The RCMP has stated — at least for the 2018 fires — that the bulk of them were intentionally set (arson).

Even if conservatives were in power, they seem to support the agenda.

12. Supreme Court: Quebec (Intervenor)

PARTIE III. EXPOSÉ DES ARGUMENTS
Introduction
8. La PGQ ne conteste pas que la protection de l’environnement constitue un enjeu fondamental qui nécessite une action de la part des deux ordres de gouvernement, comme la Cour l’a reconnu dans l’arrêt Hydro-Québec. La Cour a défini la protection de l’environnement comme étant une matière « diffuse », non expressément attribuée de manière exclusive à un ordre de gouvernement plutôt qu’à un autre Affirmant au premier chef la compétence de l’Assemblée
nationale de légiférer sur la protection de l’environnement, la PGQ ne remet pas en cause la compétence législative du Parlement fédéral à l’égard de cette même matière. La PGQ est d’avis que la protection de l’environnement requiert d’ailleurs une collaboration de la part de tous les acteurs concernés

PART III. STATEMENT OF ARGUMENTS
Introduction
8. The PGQ does not dispute that environmental protection is an issue fundamental that requires action from both levels of government, such as the Court recognized this in the Hydro-Québec decision. The Court defined the protection of the environment as being a “diffuse” matter, not expressly attributed exclusively to an order of government rather than another. Primarily affirming the competence of the Assembly to legislate on the protection of the environment, the QMP does not call into question the legislative competence of the federal Parliament with regard to the same matter. The PGQ is of opinion that the protection of the environment requires collaboration on the part of all actors involved

Francois Legault, the Premier of Quebec, is another “conservative” that does not actually oppose the climate change agenda. In fact, Legault seems content with Premiers imposing PROVINCIAL Carbon taxes everywhere.

13. Supreme Court: New Brunswick (Intervenor)

PART I – INTRODUCTION
1. The Intervenor, Attorney General of New Brunswick (“New Brunswick”) supports the position of the Attorney General of Alberta (“Alberta”) and adopts the arguments in Alberta’s factum. New Brunswick is also in general agreement with the climate data submitted by the Attorney General of Canada (“Canada”). Consistent with the previous references of the Attorney General of Saskatchewan (“Saskatchewan”) and the Attorney General of Ontario (“Ontario”) in their respective Courts of Appeal, this should not be a platform on which to debate climate change however real the threat may be. Climate data and warnings regarding the consequences of greenhouse gas emissions (“GHG emissions”) are relevant to the extent that such information dispassionately informs the constitutional question. Objectivity is paramount.

2. Much of Canada’s record and arguments support a resolve to deal with a looming existential threat; but it also provokes an emotional response – the natural result of contemplating any dire
circumstance. When imbued with the weight and gravitas it deserves, equally weighty solutions feel appropriate. In turn, it may feel appropriate to a layperson that the regulation of GHG emissions should be controlled by Parliament. Such may seem both harmless and practical. When a central control over the matter is cast in supervisory terms and is fixated on minimum standards, the layperson could believe that a benign form of federalism has been accomplished. But those conclusions would ignore the constitutional division of powers.

New Brunswick avoids the issue of climate change in the Supreme Court filings, but had this to say elsewhere: These hearings should not be used as a forum to question the science. Similar submissions were made in Ontario as well.

14. NGOs Meddling In Court Affairs

This was covered in the last article. There are several non-government organizations who are acting as Intervenors for their own reasons. It’s not just the Provinces and Ottawa involved.

15. SCC Challenges Are Designed To Fail

It’s difficult to see the Supreme Court of Canada ruling against the Carbon tax, though it’s possible in theory. Alberta was successful, although their courts are more tilted that way. There’s no real opposition to the theft being done under the guise of environmentalism.

What is even the point of doing this? Well, it’s not about stopping the public from being fleeced. It’s about APPEARING to stop the public from being fleeced, (or at least trying to). All parties support this hoax. As such, Canadians are being deceived.

One final thought: even if this challenge is ultimately successful, who’s to say that Provinces won’t start implementing their own Carbon taxes? Or who’s to say Erin O’Toole would actually drop the Federal tax if he became Prime Minister?

September 4, 2020December 14, 2024

Women’s Legal Education & Action Fund (LEAF), Fighting For The Extermination Of Women

LEAF comes across as such a well intentioned and benevolent group. However, dig a little deeper, and the problems start to show through.

1. Trafficking, Smuggling, Child Exploitation

While abortion is trumpeted as a “human right” in Western societies, the obvious questions have to be asked: Why is it a human right? Who are these groups benefiting financially, and why are so they so fiercely against free speech? Will the organs be trafficked afterwards?

2. Important Links

(1) https://www.ic.gc.ca/app/scr/cc/CorporationsCanada/fdrlCrpSrch.html
(2) https://www.canada.ca/en/status-women/news/2019/07/government-of-canada-invests-in-projects-to-improve-gender-equality-in-the-justice-system.html
(3) https://www.leaf.ca/legal/reproductive-justice/
(4) https://www.leaf.ca/leaf-calls-on-government-of-canada-to-fund-abortion-services-abroad/
(5) https://www.parl.ca/Content/Bills/421/Private/C-225/C-225_1/C-225_1.PDF
(6) https://www.leaf.ca/leaf-urges-toronto-public-library-to-reconsider-event-featuring-meghan-murphy/
(6) https://www.leaf.ca/leaf-and-the-asper-centre-welcome-the-ontario-court-of-appeals-decision-in-r-v-sharma/
(7) https://ca.news.yahoo.com/ontario-sex-ed-curriculum-consent-003452043.html
(8) https://www.rcmp-grc.gc.ca/en/gazette/illegal-organ-trade
(9) https://parl.ca/DocumentViewer/en/43-1/bill/S-204/first-reading

unodc.organ.and.human.trafficking
Smuggling_of_Migrants_A_Global_Review

3. Two Federal Non-Profit Corporations

[1] WOMEN’S LEGAL EDUCATION AND ACTION FUND FOUNDATION
Corporation Number: 255753-3
Business Number (BN): 880802897RC0001

[2] WOMEN’S LEGAL EDUCATION AND ACTION FUND INC.
Corporation Number: 189741-1
Business Number (BN): 108219916RC0001

A point of clarification: there are actually 2 separate Federal corporations registered with the Government. They have different (though similar) names, and different corporate and business numbers. They also have different addresses in Toronto.

It’s worth pointing out that LEAF has branches across Canada and the United States. They operate with the same basic philosophy.

4. Mental Gymnastics In LEAF Agenda

The Women’s Legal Education and Action Fund (LEAF) works to advance the substantive equality rights of women and girls through litigation, law reform, and public education. Since 1985, we have intervened in landmark cases that have advanced equality in Canada—helping to prevent violence, eliminate discrimination in the workplace, provide better maternity benefits, ensure a right to pay equity, and allow access to reproductive freedoms. For more information, please visit www.leaf.ca.

LEAF claims to be committed to a variety of good causes. However, their logic seems messed up. While they want better childcare benefits, it’s okay to kill the child up to the point of birth. And even when the mother DOES kill the child after birth, the penalties should be reduced.

And by what stretch of logic is murdering children compatible with preventing violence?

5. Canadian Taxpayers Are Financing This

Women’s Legal Education and Action Fund (LEAF) is receiving $880,000 to develop a modern, intersectional, and feminist strategic litigation plan that will enable feminists and gender equality advocates to address systemic barriers to gender equality and eliminate gender discrimination.

Canadian taxpayers will be footing the bill for some $880,000, for this 2019 grant. This is to develop a litigation plan to for what they refer to as fighting for gender equality. It’s unclear from the announcement how much (if any) will end up being diverted into actual court challenges.

6. LEAF’s Take On “Reproductive Justice”

1987 Baby R.
LEAF argued that children not yet born shouldn’t be allowed to be taken by government officials. Custody should be for people already alive.
leaf.intervenor.factum.1988-baby-r

1989 Borowski v. Canada (Attorney General)
LEAF argued that the right to life should apply to the mother (and not to the child). The criminal code and charter shouldn’t apply to the unborn baby.
leaf.intervenor.factum.1989-borowski

1989 Daigle v. Tremblay
LEAF argued that biological fathers should have no say over whether the child lives or dies, and that otherwise, it is an attempt to control the mother using the child as a proxy.
leaf.intervenor.factum.1989-daigle

1991 R. v. Sullivan
LEAF argued that 2 midwives convicted of criminal negligence causing death (for the death of the baby) should have that charge thrown out, since the baby isn’t actually a person.
leaf.intervenor.factum.1991-sullivan

1996 R v. Lewis
LEAF argued in favour maintaining “bubble zones”. These effectively were areas where abortion protesting would be banned. Free speech is fine, just not in certain areas.
leaf.intervenor.factum.1996-lewis

1997 Winnipeg Child and Family Services v. G. (D.F.)
LEAF argued against the the state’s ability to detain a pregnant women, who was harming her own child. In this case, the mother was sniffing glue.
leaf.intervenor.factum.1997-winnipeg-child-family

2003 R. v. Demers
LEAF argued again against the rights of people who were protesting abortion, although the arguments differed somewhat.
leaf.intervenor.factum.2003-demers

2006 Watson v. R; Spratt v. R
LEAF once again arguing that “bubble zones” need to be maintained, and that freedom of speech needs to be curtailed in order to ensure smooth access to abortion.
leaf.intervenor.factum.2008-R-V-WATSON-SPRATT-Factum

2016 R v. MB
LEAF argued that a woman who killed her newborn child should not face the wrath of the criminal justice system, and should be cut a break
leaf.intervenor.factum.2016.r.v.mb.infanticide

LEAF is Pro-Life?
Yeah, not really seeing that here.

LEAF is Anti-Life

1987 Baby R
1989 Borowski v. Canada (Attorney General)
1989 Daigle v. Tremblay
1991 R. v. Sullivan
1996 R v. Lewis
1997 Winnipeg Child and Family Services v. G. (D.F.)
2003 R. v. Demers
2006 Watson v. R; Spratt v. R
2016 R v. MB

Keep in mind, these are not cases that impact LEAF directly. Instead, they go searching for cases to act as an intervenor (or interested party). In short, they insert themselves into OTHER cases in order to get the outcomes they want.

An astute person will realize that LEAF is fundamentally anti-free speech. Among the challenges they brag about is getting free speech restricted in order to facilitate abortion access.

This list is hardly exhaustive, but should give a pretty good idea of the things they stand against: rights for unborn children.

7. LEAF Wants Foreign Abortions Funded Too

As organizations who are deeply committed to the rights of women and girls, we are very concerned by recent statements regarding the Government of Canada’s refusal to fund safe abortion services abroad, including in cases of rape and for young women and girls in forced marriages. This approach represents a serious setback on women’s human rights and the health and wellbeing of survivors of sexual violence and girls in early and forced marriages.

We call on the Canadian government to:
1. Include access to safe abortion services as part of the package of sexual and reproductive health services funded by Canadian international cooperation initiatives;
2. Support effective strategies to ensure that survivors of sexual violence and young women and girls in early and forced marriage have access to a comprehensive package of sexual and reproductive health services, including safe abortion; and
3. Produce clear policy for Canada’s international initiatives that adopts a human rights-based approach to sexual and reproductive health.

What about the babies being killed? Don’t their human rights matter? Oh, that’s right, these groups don’t consider babies to be people.

Sincerely,
The undersigned organizations:
.
-Abortion Rights Coalition of Canada (ARCC) / Coalition pour le droit à l’avortement au Canada (CDAC)
-Action Canada for Population and Development / Action Canada pour la population et le développement
-Amnesty International Canada (English)
-Amnistie International Canada (Francophone)
-Canadian Council of Muslim Women
-Canadian Federation for Sexual Health
-Canadian Federation of University Women
-Canadian Women’s Foundation
-Choice in Health Clinic
-Clinique des femmes de l’Outaouais
-Fédération du Québec pour le planning des naissances (FQPN)
-Kensington Clinic
-Institute for International Women’s Rights – Manitoba
-Inter Pares
-MATCH International Women’s Fund
-Oxfam Canada
-Oxfam Quebec
–Planned Parenthood Ottawa
-West Coast LEAF
-Women’s Health Clinic, Winnipeg
-Women’s Legal Education and Action Fund / Fonds d’action et d’education juridiques pour les femmes
-YWCA Canada

(also addressed to)

-CC The Right Honourable Stephen Harper, P.C.
Prime Minister of Canada
.
-CC Hélène Laverdière, NPD, MP
NDP International Development Critic
.
-CC Kirsty Duncan, Liberal, MP
Liberal International Development and Status of Women Critic
.
-CC Paul Dewar, NDP, MP
NDP Foreign Affairs Critic
.
-CC Marc Garneau, Liberal, MP
Liberal Foreign Affairs Critic
.
-CC Niki Ashton, NDP, MP
NDP Status of Women Critic

Not content with killing Canadian children, this coalition demands that the Canadian Government finance foreign abortions as well. That is correct. Use taxpayer money to pay to kill children in other countries.

It’s not at all a surprise to see a Planned Parenthood Ottawa has joined this group in making the call. After all, Planned Parenthood is involved in trafficking organs.

It never seems to dawn on these people that in many parts of the world, girls and women are viewed as far less than boys and men. This leads often to SEX SELECTIVE abortions. Is it really a feminist idea to deliberately target female babies?

8. No protection For Unborn Victims Of Crime

Considering the 1989 Boroski intervention (see list of cases above), it’s no surprise that LEAF, and other feminist groups oppose Bill C-225. This would have made it an additional crime to injury or kill a fetus while in the commission of another offense.

9. LEAF Forcing Abortion/Euth On Doctors

There was a 2019 decision from the Ontario Court of Appeals. It mandated that doctors either had to perform abortions and/or euthanasia, or provide a referral to someone who would. LEAF was one of the groups pushing it. They had no standing, other than to push their own pro-death views on others.

10. LEAF Wants Gender Ideology Critic Banned

The Women’s Legal Education and Action Fund (LEAF) is troubled by the decision of the Toronto Public Library (the “TPL”) to rent one of its branch spaces to a group hosting an event with Meghan Murphy, who has a track record for denying the existence and rights of trans women. We are particularly concerned with Murphy’s history of publicly opposing efforts to codify the rights of trans people, specifically trans women, including her vocal opposition to federal human rights legislation prohibiting discrimination on the basis of gender identity and gender expression.

LEAF was founded in 1985 with a mandate to advance substantive equality for women and girls in Canada. LEAF has long been committed to a vision of feminism that is inclusive of all, regardless of sex, gender identity or gender expression. LEAF’s advocacy is and remains focused on challenging sex and gender discrimination that results in inequality for self-identified women and girls. The long-term success of this mission demands that LEAF work towards challenging and dismantling patriarchy, in all its forms.

LEAF believes freedom of speech plays an important role in strengthening and upholding substantive equality. Holding space for respectful dialogue among diverse viewpoints is essential to this work. However, LEAF has long maintained that freedom of speech is not absolute. Like all rights enjoyed by Canadians, freedom of speech must be balanced with other fundamental rights and freedoms, especially equality. Speech that perpetuates harmful stereotypes only serves to further marginalize and exclude an already vulnerable population and does not merit protection.

In a case of “eating your own“, LEAF tried to get Meghan Murphy dis-invited from a Toronto talk on trans-activism. And Murphy is about as hardcore feminist as they come. According to her biography:

Bachelor’s degree in women’s studies
Master’s degree in women’s studies
Wrote for feminist publications
Believes in the wage-gap nonsense
Believes women are oppressed
Pro-abortion
Pro-gay agenda

Still, that wasn’t enough to prevent feminist and “women’s rights” groups life LEAF from turning against her.

For a group that “claims” to support women, one has to ask why LEAF is trying to take away the rights of a woman (Murphy), specifically her free speech.

Murphy does address legitimate issues that trans-activists are involved with, (such as sports, pronounc, etc…), and how they are conflicting head on with the rights of women. It seems that the committment to women’s rights can be tossed aside in favour of this extremely small group.

11. LEAF: Reduce Sentence For Drug Mule

Somehow, LEAF believes that arguing against a mandatory minimum sentence for a person convicted of smuggling 2kg of cocaine (worth some $200,000), is a woman’s rights issue. What about the women who are harmed as a result of the drug trade? Don’t they matter?

While not directly related to the abortion/organs issue, it’s still bizarre to see how this group feels entitled to meddle in other people’s cases.

12. LEAF Supports ON Sex-Ed Agenda

This week’s move is getting a thumbs-up from a national women’s legal organization that teaches older students about consent.

“It’s extremely important for everyone to understand what their rights and responsibilities are under the law,” said Kim Stanton, legal director of the Women’s Legal Education and Action Fund, which runs workshops for high school and university students. “Students need to know what’s OK and what’s not.

LEAF supports Ontario’s largely inappropriate sex-ed ciricculum.

13. Honourable Mention: Tanya Granic Allen

Candid honesty is extremely rare in political circles. However, this critique of LEAF and Leslyn Lewis, is a true gem. Also see the video. Well worth the 10 minutes or so.

Now, what is the result of anti-life laws becoming normal?

14. RCMP & Illegal Organ Trade

There are far more people in the world in need of a new organ than there are organs available. Like in any market where a dollar can be made because demand far outweighs supply, people can turn to the black market to find what they need. When a person’s life is on the line, the will to survive may override morals. The following facts depict the seedy underbelly of organ trafficking.

The United Nations Global Initiative to Fight Human Trafficking (UN GIFT) says the organ trade occurs in three broad categories: traffickers who force or deceive victims to give up an organ, those who sell their organs out of financial desperation, often only receiving a fraction of the profit or are cheated out of the money altogether and victims who are duped into believing they need an operation and the organ is removed without the victim’s knowledge.

Organ trafficking is considered an organized crime with a host of offenders, including the recruiters who identify the vulnerable person, the transporter, the staff of the hospital or clinic and other medical centres, the medical professionals themselves who perform the surgery, the middleman and contractors, the buyers and the banks that store the organs.

And according to the UN GIFT, it’s a fact that the entire ring is rarely exposed.

A World Health Assembly resolution adopted in 2004 urges Member States to “take measures to protect the poorest and vulnerable groups from ‘transplant tourism’ and the sale of tissues’ and organs.

“Transplant tourism” is the most common way to trade organs across national borders. These recipients travel abroad to undergo organ transplants (WHO Bulletin). There are websites that offer all-inclusive transplant packages, like a kidney transplant that ranges from US$70,000 to US$160,000.

There’s no law in Canada banning Canadians from taking part in transplant tourism — travelling abroad and purchasing organs for transplantation and returning home to Canada.

According to the World Health Organization (WHO), one out of 10 organ transplants involves a trafficked human organ, which amounts to about 10,000 a year.

While kidneys are the most commonly traded organ, hearts, livers, lungs, pancreases, corneas and human tissue are also illegally traded.

In a recent report, Global Financial Integrity says that illegal organ trade is on the rise, and it estimates that it generates profits between $600 million and $1.2 billion per year with a span over many countries.

In Iran, the only country where organ trade is legal, organ sales are closely monitored and the practice has eliminated the wait list for kidney transplants and has provided an increase in post-mortem organ donations, which aren’t remunerated in Iran.

A Harvard College study says donors come from impoverished nations, like countries in South America, Asia and Africa, while recipients are from countries like Canada, the United States, Australia, the United Kingdom, Israel and Japan.

According to research out of Michigan State University that looked at the black market for human organs in Bangladesh, the average quoted rate for a kidney was US$1,400 but has dropped because of the abundant supply.

In Bangladesh, the trade is propelled by poverty, where 78 per cent of residents live on less than $2 a day. They give their organs to pay off loans and take care of their families. If they received the money at all, it disappears quickly and they are often left sick and unable to work after the operations.

The Voluntary Health Association of India estimates about 2,000 Indians sell a kidney every year.

Given that the organ trade is often a transnational crime, international law enforcers must co-operate across borders to address the crimes.

This comes from a 2014 post on the RCMP’s website. Despite being several years old, it has a lot of useful information.

Now, it’s true that there are only so many people dying with usable organs. It’s also true that abducting and/or murdering people for their organs is risky, and can only be done so often. However, that isn’t really the case with aborted babies, as they typically have healthy organs. Sure, they are smaller, but still usable at some point.

Ever wonder why the recent push to have later and later abortions? It’s because the organs of a 35 week fetus are much more developed than those of a 20 week fetus.

15. UNODC On Organ, Human Trafficking

III. Guidance for response
.
A. Definitions
6. Article 3 (a) defines trafficking in persons:
“Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.”

unodc.organ.and.human.trafficking

It’s illegal to kidnap, force, or otherwise coerce people into giving up organs. However, aborted babies (even very late term) are just considered property with no legal rights of their own. At least, this is the case in Canada.

This UNODC paper is from 2011. However, its information is still very relevant today.

Whether this is intentional or not, it is one of the consequences of the actions of groups like LEAF. Removing any sort of legal protection from the unborn creates legal carte blanche to harvest and sell their organs at will.

16. UNODC: Illegal Entry Facilitates T&S

Smuggling_of_Migrants_A_Global_Review

This was addressed in Part 9, the connection between illegal immigration, and the trafficking and smuggling of migrants. However, in the context of organ harvesting, it does put the issue in a whole new light.

17. Bill S-204, Criminal Code Change

Senate Bill S-204 would make it criminal offence to go abroad for the purposes of obtaining organs where consent was not given. While promising, however, it hasn’t gone anywhere since being introduced. Now, would these penalties apply to the trafficked organs of aborted fetuses, or only to trafficked organs of people living for some period of time?

18. Abortion Fuels Organ Trafficking

Now, to tie all of this together: the abortion industry helps fuel the organ trafficking industry.

It’s a straightforward idea: in order to traffic organs in a large scale, there has to be a large, constant supply available.

The abortion industry (and their advocates) ensure this by waging lawfare. They fight in court to keep stripping away any protections unborn children may have. They also change the law to allow for later and later abortions, and thus, more developed organs. Advocates will gaslight others who make attempts to limit this, or enshrine rights for the children. Child rights must be removed in favour of women’s rights.

Is LEAF involved with trafficking organs? They don’t appear to be, but their frequent court efforts ensure that this will continue. Whether intentional of not, groups like LEAF are part of the problem.

And to be clear, LEAF openly supports restricting free speech, under the guise of protecting abortion and gender rights. Of course, open discourse on these subjects would immediately weaken their arguments.

19. Defending Non-Disclosure Of HIV

Note: this was added after the article was originally published. LEAF argued in a Parliamentary hearing that failure to disclose HIV status should be removed from sexual assault laws, and in some cases, decriminalized altogether. Way to protect women.

Hear the audio clip starting at 8:59:30.

https://www.ourcommons.ca/Committees/en/WitnessMeetings?witnessId=248439

20. LEAF Is Anti-Free Speech

Free Speech Submission womens LEAF

https://www.ourcommons.ca/Committees/en/JUST/StudyActivity?studyActivityId=10543157

In 2019, LEAF actually made submissions in the “online hate” study, and took the position AGAINST free speech. Again, this was added after the original article was released.

August 27, 2020December 24, 2021

CV #58: Vaxx Or Mask Rulings (2015, 2016 & 2018); Bonnie Henry Testifies; BC Ombudsman Report

There were 2 rulings in Ontario (2015 and 2018), which concerned the “vaccinate or mask” policy for health care workers. BCPHO Bonnie Henry testified in the 2015 case that there was very limited evidence to support masks. Also, the June 2020 BC Ombudsman report is interesting in terms of government overreach.

Keep in mind that Bonnie Henry also says there’s no science behind limiting groups to 50 people. (See 1:00 in above video). But she imposed that restriction anyway.

1. Other Articles On CV “Planned-emic”

The rest of the series is here. There are many: lies, lobbying, conflicts of interest, and various globalist agendas operating behind the scenes, and much more than most people realize. For examples: The Gates Foundation finances many things, including, the World Health Organization, the Center for Disease Control, GAVI, ID2020, John Hopkins University, Imperial College London, the Pirbright Institute, and individual pharmaceutical companies. It’s also worth mentioning that there is little to no science behind what our officials are doing, though they promote all kinds of degenerate behaviour. Also, the Australian Department of Health admits the PCR tests don’t work, and the US CDC admits testing is heavily flawed.

2. Important Decisions

Sault Area Hospital and Ontario Nurses’ Association, 2015 CanLII 55643 (ON LA)
https://www.canlii.org/en/on/onla/doc/2015/2015canlii62106/2015canlii62106.pdf
2015.ontario.nurses.association.mask.ruling

William Osler Health System, 2016 CanLII 76496 (ON LA)
https://www.canlii.org/en/on/onla/doc/2016/2016canlii76496/2016canlii76496.pdf
2016.william.osler.health.system.ruling

St. Michael’s Hospital v Ontario Nurses’ Association, 2018 CanLII 82519 (ON LA)
https://www.canlii.org/en/on/onla/doc/2018/2018canlii82519/2018canlii82519.pdf
2018.ontario.nurses.association.mask.ruling

BC Ombudsman’s June 2020 Report
https://bcombudsperson.ca/assets/media/ExtraordinaryTimesMeasures_Final-Report.pdf
2020.BC.ombudsman.report.2.orders.overreach

3. Sault Area Hospital (2015)

2015.ontario.nurses.association.mask.ruling

322. The assertion that a mask requirement serves a valuable or essential purpose, albeit that there is only “some” evidence, is also weakened by actual employer practice. If the mask evidence were as supportive as claimed, it would suggest that vaccinated HCWs should also wear masks given the limited efficacy of the vaccine even in relatively ‘good’ years. The SAH Chief of Medical Staff raised this question at the outset. The Hospital’s failure to consider re-evaluating the Policy’s application when the extent of the 2014-2015 vaccine mismatch became known raises the same issue. The OHA/SAH expert responses to these questions set out in full above[425] were short of satisfying.

323. Wearing a mask for an entire working shift, virtually everywhere, no matter the patient presenting circumstances, is most unpleasant. While I readily accept that the wearing of a mask for good reason may reasonably be expected of HCWs, an Irving “balancing of interests” is required. The Policy makes a significant ‘ask’ of unvaccinated employees; that is to wear an unpleasant mask for up to six months at a time. As noted, the evidence said to support the reason for the ‘ask’—evidence concerning asymptomatic transmission and mask effectiveness–may be described at best as “some” and more accurately as “scant”. I conclude that many of the articles footnoted in support of the strong opinions set out in the OHA/SAH expert Reports provide very limited or no assistance to those views. The required balancing does not favour the Policy.

Decision
.
342. On the evidence before me, I find the VOM provisions of the SAH Policy to be unreasonable. Accordingly, for all of the foregoing reasons, I declare SAH to be in breach of Article B-1 (e) of the ONA/SAH Local Agreement and Article 18.07 (c) of the ONA Central Agreement.
.
343. Any question concerning the need, if any, for additional relief is remitted to the parties for their consideration. I remain seized of remedial issues.
.
Dated at Toronto, this 8th day of September, 2015

It was found that there wasn’t strong evidence that masking health care workers for months at a time actually had a proven effect. It was further undermined by inconsistent practices at the Sault Area Hospital.

4. Bonnie Henry Testifies In 2015 Case

https://www.canlii.org/en/on/onla/doc/2015/2015canlii62106/2015canlii62106.pdf
2015.ontario.nurses.association.mask.ruling

134. Dr. Henry agreed with this observation by Dr. Skowronski and Dr. Patrick who are her colleagues at the British Columbia Centre for Disease Control:
.
I do agree, as we’ve discussed earlier, influenza is mostly transmitted in the community and we don’t have data on the difference between vaccinated and unvaccinated healthcare workers and individual transmission events…in healthcare settings.
.
135. Dr. Henry agreed that no VOM policy would influence influenza in the community. Dr. McGeer denied that she had used or recommended the use of community burden in the assessment of development of such a policy.

So there is no data on any differences between vaccinated and unvaccinated health care workers. Yet these people are still arguing for VOM (vaccine or mask).

145. In her Report Dr. Henry also referred to observational studies as supporting the data she said was derived from the RCTs but acknowledged that these studies related to long term care and not acute care settings. She was cross-examined at length concerning the studies referenced in this section of her Report, some that dealt with other closed community settings, and agreed that they were “clearly not referring to a healthcare setting”.
.
146. Witness commentary concerning the observational/experimental studies relied upon in the McGeer/Henry Reports is set out in Appendix A to this Award. I conclude from a review of these studies, and the expert witness commentary, that they do not disclose a consistent position. They address a wide range of issues in a wide range of settings. Some are not supportive of the OHA/SAH experts’ claim. Some provide weak support at best. Some have nothing to do with the issue in question. Some have acknowledged study design limitations.

Evidence introduced by Bonnie Henry was for long term care centers, not health care settings, so this apples and oranges. There is also weak or irrelevant evidence argued.

160. In direct examination Dr. Henry stated that the pre-symptomatic period was “clearly not the most infectious period but we do know that it happens”.[203] She also agreed in cross-examination that transmission required an element of proximity and a sufficient amount of live replicating virus.
.
161. At another point, the following series of questions and answers ensued during Dr. Henry’s cross-examination:
.
Q. With respect to transmission while asymptomatic, and I want to deal with your authorities with respect to that, would you agree with me that there is scant evidence to support that virus shedding of influenza actually leads to effective transmission of the disease before somebody becomes symptomatic?
.
A. I think we talked about that yesterday, that there is some evidence that people shed prior to being symptomatic, and there is some evidence of transmission, that leading to transmission, but I absolutely agree that that is not the highest time when shedding and transmission can occur.
.
Q. So were you—I put it to you that there’s scant evidence, and that was Dr. De Serres’ evidence, so—but that there’s very little evidence about that, do you agree?
.
A. There is—as we talked about yesterday, there is not a lot of evidence around these pieces, I agree.
.
Q. And clearly transmission risk is greatest when you’re symptomatic, when you’re able to cough or sneeze?
.
A. Transmission risk is greatest, as we’ve said, when you’re symptomatic, especially in the first day or two of symptom onset

Not a lot of evidence regarding risks of transmission. Yes, this is 2015, but it coming straight from BCPHO Bonnie Henry.

177. Dr. McGeer and Dr. Henry presented the position of the OHA and the Hospital based upon their understanding of the relevant literature. Neither of them asserted that they had particular expertise with respect to masks or had conducted studies testing masks.

So, no actual expertise of research. Bonnie Henry just read what was available. And this is the Provincial Health Officer of British Columbia.

184. In her pre-hearing Report Dr. Henry responded to a request that she discuss the evidence that masks protect patients from influenza this way:
.
There is good evidence that surgical masks reduce the concentration of influenza virus expelled into the ambient air (a 3.4 fold overall reduction in a recent study) when they are worn by someone shedding influenza virus. There is also evidence that surgical masks reduce exposure to influenza in experimental conditions.
.
Clinical studies have also suggested that masks, in association with hand hygiene, may have some impact on decreasing transmission of influenza infection. These studies are not definitive as they all had limitations. The household studies are limited by the fact that mask wearing did not start until influenza had been diagnosed and the patient/household was enrolled in the study, such that influenza may have been transmitted prior to enrollment. A study in student residences is limited by the fact that participants wore their mask for only approximately 5 hours per day. Two systematic reviews of the cumulative studies conclude that there is evidence to support that wearing of masks or respirators during illness protects others, and a very limited amount of data to support the use of masks or respirators to prevent becoming infected
.
In summary, there is evidence supporting the use of wearing of masks to reduce transmission of influenza from health care workers to patients. It is not conclusive, and not of the quality of evidence that supports influenza vaccination. Based on current evidence, patient safety would be best ensured by requiring healthcare providers to be vaccinated if they provide care during periods of influenza activity. However, if healthcare workers are unvaccinated, wearing masks almost certainly provides some degree of protection to their patients.

Bonnie Henry keeps hedging her answers. Yes, there is protection, but there are issues with the studies, and the evidence isn’t conclusive. She also takes the position that vaccinating everyone in health care settings would be prefereable.

219. Dr. Henry answered the ‘why not mask everyone’ question this way:
.
It is [influenza vaccination] by far, not perfect and it needs to be improved, but it reduces our risk from a hundred percent where we have no protection to somewhat lower. And there’s nothing that I’ve found that shows there’s an incremental benefit of adding a mask to that reduced risk…..there’s no data that shows me that if we do our best to reduce that incremental risk, the risk of influenza, that adding a mask to that will provide any benefit. But if we don’t have any protection then there might be some benefit when we know our risk is greater.
.
When we look at individual strains circulating and what’s happening, I think we need it to be consistent with the fact that there was nothing that gave us support that providing a mask to everybody all the time was going to give us any additional benefit over putting in place the other measures that we have for the policy. It’s a tough one. You know, it varies by season.[320]
.
It is a challenging issue and we’ve wrestled with it. I’m not a huge fan of the masking piece. I think it was felt to be a reasonable alternative where there was a need to do—to feel that we were doing the best we can to try and reduce risk.
.
I tried to be quite clear in my report that the evidence to support masking is not as great and it is certainly not as good a measure

Bonnie Henry admits no strong evidence to support maskings.

5. William Osler Health System (2016)

2016.william.osler.health.system.ruling

2. The primary issue dividing ONA and the hospitals was the controversial ‘vaccination or mask’ policy (“VOM policy”) adopted by many hospitals. The question proceeded to arbitration by test case leading to the decision in Sault Area Hospital, 2015 CanLII 55643 (ON LA). Following an exhaustive review of the available medical scientific literature and having heard from a number of expert witnesses, I determined that:
.
Absent adequate support for the freestanding patient safety purpose alleged, I conclude that the Policy operates to coerce influenza immunization and, thereby, undermines the collective agreement right of employees to refuse vaccination. On all of the evidence, and for the reasons canvassed at length in this Award, I conclude that the VOM Policy is unreasonable. (at para. 13)

12. Insofar as the First Issue is concerned, I do not agree that the recommendation to wear a mask for the duration of the influenza season in any patient area of the Hospital is sustainable. I found at para. 319 of Sault Area Hospital that there was “scant scientific evidence of the use of masks in reducing the transmission of influenza virus to patients”. In the absence of further evidence to the contrary, I conclude that there is no reasonable basis for the recommendation and that it should be deleted from the Policy.

13. Insofar as the Second Issue is concerned, I am satisfied that a blend of the Hospital and Union proposals is preferable to either of them standing alone.

14. The Union accurately summarizes the evidence heard in Sault Area Hospital about the typical length of the influenza incubation period before the onset of symptoms. Nevertheless, I am reluctant to designate a specific number of hours; the length of time will almost certainly vary with individual circumstances. The Hospital’s written submission states that: “We have chosen with our proposed language to have individual assessments made by Infection Control Practitioners at the Hospital.” On the assumption that those assessments will be made available and conducted very close to the 72-hour mark, I find the Hospital’s approach to be acceptable. I also find that the Union’s alternative suggestion to the ‘patient care area’ question to be appropriate.

Just as with the Sault Area Hospital case, this “vaccinate or mask” policy was found to be unreasonable, an unsupported by hard evidence.

6. St. Michael’s Hospital (2018)

2018.ontario.nurses.association.mask.ruling

Introduction
.
Summarily stated, this case concerns the reasonableness of the Vaccinate or Mask Policy (hereafter “VOM policy”) that was introduced at St. Michael’s Hospital (hereafter “St. Michael’s”) in 2014 for the 2014-2015 flu season and which has been in place ever since. Under the VOM policy, Health Care Workers and that group, of course, includes nurses (hereafter “HCWs”), who have not received the annual influenza vaccine, must, during all or most of the flu season, wear a surgical or procedural mask in areas where patients are present and/or patient care is delivered.

St. Michael’s is one of a very small number of Ontario hospitals with a VOM policy: less than 10% of approximately 165 hospitals. The Ontario Nurses’ Association (hereafter “the Association”) immediately grieved the VOM policy in every hospital where it was introduced. It should be noted at the outset that the VOM policy has nothing to do with influenza outbreaks that are governed by an entirely different protocol, and one that is not at issue in this case.

This is not the first Ontario grievance taking issue with the VOM policy. The parties appropriately recognized that the matters in dispute were best decided through a lead case rather than through multiple proceedings at the minority of hospitals where the policy was in place. Accordingly, the Association grievance at the Sault Area Hospital was designated as that lead case and proceeded to a lengthy hearing before arbitrator James K.A. Hayes beginning in October 2014 and ending in July 2015. Arbitrator Hayes heard multiple days of evidence (replicated to some extent in this proceeding) and issued his decision, discussed further below, on September 8, 2015 (hereafter “the Hayes Award”). Arbitrator Hayes found that the Sault Area Hospital’s VOM policy was inconsistent with the collective agreement and unreasonable. The grievance was, accordingly, upheld.

Conclusion
.
It was noted at the outset that this case was, in large measure, a repeat of the one put before Arbitrator Hayes. It is not, therefore, surprising that there is an identical outcome. Ultimately, I agree with Arbitrator Hayes: “There is scant scientific evidence concerning asymptomatic transmission, and, also, scant scientific evidence of the use of masks in reducing the transmission of the virus to patients” (at para. 329). To be sure, there is another authority on point, and the decision in that case deserves respect. But it was a different case with a completely different evidentiary focus. It is not a result that can be followed.

One day, an influenza vaccine like MMR may be developed, one that is close to 100% effective. To paraphrase Dr. Gardam, if a better vaccine and more robust literature about influenza-specific patient outcomes were available, the entire matter might be appropriately revisited. For the time being, however, the case for the VOM policy fails and the grievances allowed. I find St. Michael’s VOM policy contrary to the collective agreement and unreasonable. St. Michael’s is required, immediately, to rescind its VOM policy. I remain seized with respect to the implementation of this award.

The Sault Area Hospital case had largely set the precedent, and the issues were were virtually identical. Another hospital was forced to scrap its “vaccinate or mask” policy.

7. BC Ombudsman’s June 2020 Report

2020.BC.ombudsman.report.2.orders.overreach

Conclusion: The Ministerial Orders Are Contrary to Law Based on the above analysis of the orders and the Emergency Program Act, I have concluded that to the extent that they purport to suspend or amend the provisions of statutes, Ministerial Orders M098 and M139 are contrary to law because they are not authorized by the governing legislation, the Emergency Program Act. Many of the orders made by the minister have been in place for more than two months. In my view, it is incumbent on government to seek an appropriate solution to this problem of invalidity that minimizes any negative impacts to the public. In this respect, I note that Ministerial Order M192, the order replacing M139, continues to purport to suspend and amend statutory requirements that apply to local governments.

The Exercise of Ministerial Discretion The Supreme Court of Canada has made clear that just as there are limits on what statutory powers can be exercised under a statute, there are also limits on how those powers can be exercised: . . . there is no such thing as absolute and untrammeled “discretion,” that is that action can be taken on any ground or for any reason that can be suggested to the mind of the administrator; no legislative Act can, without express language, be taken to contemplate an unlimited arbitrary power exercisable for any purpose . . . regardless of the nature or purpose of the statute

The BC Ombudsman found that 2 Ministerial Orders were actually illegal, and far exceeeded the discretion which they were allowed to use.

8. These Rulings Are Very Encouraging

The 2015 and 2018 rulings are important, as they are 2 precedents in a quasi-judicial body, that found mask wearing to be of very limited value. It’s even better (from a B.C. perspective), that Bonnie Henry is on record saying that there is little evidence that masks work.

The B.C. Ombudsman’s Report is also helpful. Although not binding on a court, those opinions do carry some weight. And 2 orders have already been found to be illegal.

March 20, 2020April 12, 2022

TSCE #8(F): Bit Of History, NGOs Trying To Open Canada’s Borders For Decades

1. Trafficking, Smuggling, Child Exploitation

Serious issues like smuggling or trafficking are routinely avoided in public discourse. Also important are the links between open borders and human smuggling; between ideology and exploitation; between tolerance and exploitation; between abortion and organ trafficking; or between censorship and complicity. Mainstream media will also never get into the organizations who are pushing these agendas, nor the complicit politicians. These topics don’t exist in isolation, and are interconnected.

2. Why Canadians Should Care

It should worry Canadians greatly when there is a sustained effort to undermine and erode our borders. The overwhelming majority of people don’t know how far back this goes. Although efforts predate these cases, this is where we will start.

On the first attempt, the Canadian Council of Churches went to court to try to get certain new legislation thrown out. This legislation would have made it harder for people to enter Canada from the U.S. and claim asylum. It went to the Supreme Court, but ultimately, it was ruled the group did not have public interest standing.

3. Court History Over The Years

Again, many more attempts have been made in recent decades to erase borders, but this article will only focus on a few of them.

FIRST ATTEMPT: KILL “SAFE COUNTRY” DESIGNATION
(a) Federal Court, Trial Division, Rouleau J., [1989] 3 F.C. 3

(b) Canadian Council of Churches v. Canada,
Federal Court of Appeal, [1990] 2 F.C. 534

(c) Canadian Council of Churches v. Canada (Minister of Employment and Immigration), [1992] 1 S.C.R. 236
1992.SCC.Rules.No.Standing

SECOND ATTEMPT: KILL CANADA/US S3CA
(a) 2008 ruling S3CA has no effect
Docket: IMM-7818-05
S3CA Provisions Struck Down

(b) The 2008 ruling is overturned on appeal
Canadian Council for Refugees v. Canada, 2008 FCA 229
Appeal granted, S3CA restored

THIRD ATTEMPT: TORONTO CASES TO STRIKE S3CA
(a) 2017, Prothonotary Milczynski considers consolidation
IMM-2229-17, IMM-2977-17, IMM-775-17
Milczynski Considers Consolidation

(b) 2017, CJ Crampton transfers cases to J. Diner
Crampton Transfers Consolidated Cases

(c) 2017, Justice Diner grants public interest standing
Citation: 2017 FC 1131
Amnesty Int’l, CDN Councils of Churches, Refugees

(d) 2018, Justice Diner grants consolidation of 3 cases
Citation: 2018 FC 396
Cases to be consolidated

(e) 2018, Justice Diner allows more witnesses
Citation: 2018 FC 829
2018.Diner.Calling.More.Witnesses

(f) 2019, Justice McDonald says no more witnesses
Citation: 2019 FC 418
2019.McDonald.No.More.Intervenors

4. 1992: SCC Rules No Standing

1992.SCC.Rules.No.Standing
The CanLII link is here.

Federal Court, Trial Division, Rouleau J., [1989] 3 F.C. 3
.
Rouleau J. dismissed the application. His judgment reflects his concern that there might be no other reasonable, effective or practical manner to bring the constitutional question before the Court. He was particularly disturbed that refugee claimants might be faced with a 72-hour removal order. In his view, such an order would not leave sufficient time for an applicant to attempt either to stay the proceedings or to obtain an injunction restraining the implementation removal order.
.
Federal Court of Appeal, [1990] 2 F.C. 534
.
MacGuigan J.A. speaking for a unanimous Court allowed the appeal and set aside all but four aspects of the statement of claim.
.
In his view the real issue was whether or not there was another reasonably effective or practical manner in which the issue could be brought before the Court. He thought there was. He observed that the statute was regulatory in nature and individuals subject to its scheme had, by means of judicial review, already challenged the same provisions impugned by the Council. Thus there was a reasonable and effective alternative manner in which the issue could properly be brought before the Court.
.
He went on to consider in detail the allegations contained in the statement of the claim. He concluded that some were purely hypothetical, had no merit and failed to disclose any reasonable cause of action. He rejected other claims on the grounds that they did not raise a constitutional challenge and others on the basis that they raised issues that had already been resolved by recent decisions of the Federal Court of Appeal.
.
He granted the Council standing on the following matters raised on the statement of claim

Without getting too much into the technical details, the Supreme Court had to decide whether the Canadian Council of Churches, an organization, should be granted public interest standing to strike down all or part of the immigration laws. Ultimately, the ruling was no.

Disposition of the Result
.
In the result I would dismiss the appeal and allow the cross-appeal on the basis that the plaintiff does not satisfy the test for public interest standing. Both the dismissal of the appeal and the allowance of the cross-appeal are to be without costs.
Appeal dismissed and cross-appeal allowed.
.
Solicitors for the appellant: Sack Goldblatt Mitchell, Toronto.
.
Solicitor for the respondents: John C. Tait, Ottawa.
.
Solicitors for the interveners The Coalition of Provincial Organizations of the Handicapped and The Quebec Multi Ethnic Association for the Integration of Handicapped People: Advocacy Resource Centre for the Handicapped, Toronto.
.
Solicitors for the intervener League for Human Rights of B’Nai Brith Canada: David Matas, Winnipeg, and Dale Streiman and Kurz, Brampton.
.
Solicitors for the interveners Women’s Legal Education and Action (LEAF) and Canadian Disability Rights Council (CDRC): Tory, Tory, DesLauriers & Binnington, Toronto and Dulcie McCallum, Victoria.

Ultimately, the Supreme Court thought that a refugee, someone with actual standing (or something at stake) should be the one making the case.

Also worth noting, consider who some of the intervenors are in this case. A lot of people who want to make it easier to get into Canada.

5. 2008: S3CA, Parts Of IRPA Struck Out

S3CA, Parts of IRPA Struck

IT IS ORDERED THAT this application for judicial review is granted and the designation
of the United States of America as a “safe third country” is quashed.

Yes, the Canada/U.S Safe Third Country Agreement was actually declared to have no legal effect. However, this is not the end of it, as we will soon see.

IT IS DECLARED THAT:
.
1. Paragraphs 159.1 to 159.7 (inclusive) of the Immigration and Refugee Protection
Regulations and the Safe Third Country Agreement between Canada and the United
States of America are ultra vires and of no legal force and effect.
2. The Governor-in-Council acted unreasonably in concluding that the United States of
America complied with Article 33 of the Refugee Convention and Article 3 of the
Convention Against Torture.
3. The Governor-in-Council failed to ensure the continuing review of the designation
of the United States of America as a “safe third country” as required by
paragraph 102(2) of the Immigration and Refugee Protection Act.
4. Paragraphs 159.1 to 159.7 (inclusive) of the Immigration and Refugee Protection
Regulations and the operation of the Safe Third Country Agreement between
Canada and the United States of America violate sections 7 and 15 of the Canadian
Charter of Rights and Freedoms and are not justified under section 1 thereof.

THE FOLLOWING QUESTIONS are certified as serious questions of general
importance:
.
1. Are paragraphs 159.1 to 159.7 (inclusive) of the Immigration and Refugee
Protection Regulations and the Safe Third Country Agreement between Canada and
the United States of America ultra vires and of no legal force and effect?
2. What is the appropriate standard of review in respect of the Governor-in-Council’s
decision to designate the United States of America as a “safe third country” pursuant
to s. 102 of the Immigration and Refugee Protection Act?
3. Does the designation of the United States of America as a “safe third country” alone
or in combination with the ineligibility provision of clause 101(1)(e) of the
Immigration and Refugee Protection Act violate sections 7 and 15 of the Canadian
Charter of Rights and Freedoms and is such violation justified under section 1?

If the United States is not a safe country, then why do tens of thousands (if not hundreds of thousands) of people try to apply for asylum there every year?

The Safe Third Country Agreement was meant to prevent “asylum shopping” from taking place, but that is exactly what this ruling would have allowed.

6. 2009: Previous Ruling Overturned

The impugned Regulations and the Safe Third Country Agreement are not ultra vires the IRPA. Subsection 102(1) of the IRPA gives the GIC the power to promulgate regulations governing the treatment of refugee claims which may include provisions designating countries that comply with Article 33 of the Refugee Convention and Article 3 of the Convention Against Torture. This is a broad grant of authority intended to give effect to Parliament’s expressed intent that responsibility for the consideration of refugee claims be shared with countries that are respectful of their Convention obligations and human rights. The factors to be considered before designating a country are expressly set out in subsection 102(2) of the IRPA. The applications Judge’s misapprehended concern that the GIC would have the discretion to designate a country that does not comply with the Conventions led him to transform the statutory objective of designating countries “that comply” into a condition precedent.

The applications Judge adopted a hypothetical approach to the respondent organizations’ Charter challenge, i.e. that a class of refugees would be treated a certain way if they were to present themselves at a Canadian land border port of entry. This approach went against the well-established principle that a Charter challenge cannot be mounted in the abstract. There was no evidence that a refugee would have to bring a challenge from outside Canada. The respondent organizations’ ability to bring the Charter challenge depended on John Doe. As the latter never presented himself at the border and therefore never requested a determination regarding his eligibility, there was no factual basis upon which to assess the alleged Charter breaches. The applications Judge thus erred in entertaining the Charter challenge.

[14] On December 29, 2005, the respondents launched an application for leave and judicial review seeking a declaration that the designation of the U.S. under section 102 of the IRPA was ultra vires, that the GIC erred in concluding that the U.S. complied with Article 33 of the Refugee Convention and Article 3 of the Convention against Torture and further, that the designation breached sections 7 and 15 of the Charter. For purposes of clarity, it is useful to set out in full the issues set out in the judicial review application filed before the Court:

[130] In short, a declaration of invalidity of the STCA Regulations is not required in order to ensure that they are not applied to claimants for protection at the land border in breach of either Canada’s international obligations not to refoule, or the Charter.
.
D. CONCLUSIONS
.
[131] For these reasons I would allow the appeal

The Federal Court of Appeal ruled that the Lower Court considered a hypothetical scenario, and wrongly applied it to a Charter challenge. Put simply, Charter challenges are supposed to be ground in fact, and not “what if” situations. The ruling was overturned, and the Safe Third Country Agreement was restored.

7. 2017-Present: Toronto Challenge

Chief Justice Paul Crampton transferred 3 related cases to Justice Diner for case management. This is the same CJ Crampton who ruled that private citizens wishing to oppose the destruction of the S3CA don’t have standing.

Justice Diner granted public interest standing to 3 NGOs: Amnesty International, Canadian Council for Refugees, and Canadian Council of Churches.

Justice Diner order the 3 cases to be consolidated and tried together because of the overlapping issues.

Note: also see here, for decisions from the Federal Court in the matter above.

The case is still pending.

8. So Who Are These NGOs?

Amnesty International
ai.01.certificate.of.continuance
ai.02.bylaws
ai.03.changes.in.directors
ai.04.notice.of.financials

B’nai Brith League For Human Rights
bblhr.01.bylaws
bblhr.02.change.registered.office
bblhr.03.amendments
bblhr.04.certificate.of.incorporation
bblhr.05.director.changes

B’nai Brith National Organization
bbno.01.director.changes
bbno.02.certificate.of.incorporation
bbno.03.change.registered.office
bbno.04.notice.of.financials

Bridges, Not Borders
Bridges Not Borders, Mainpage
Bridges Not Borders, About
Bridges Not Borders, Why They Cross
Bridges Not Borders, Media Page
Bridges Not Borders, Pro Asylum Shopping

Canadian Association Of Refugee Lawyers
carl.01.directors
carl.02.change.of.office
carl.03.bylaws.2015
carl.04.notice.of.return
carl.05.certificate.of.continuance

Canadian Council For Refugees
ccr.01.2019.director.changes
ccr.02.bylaws
ccr.03.bylaws.from.2014
ccr.04.certificate.of.continuance
ccr.05.annual.return

Plattsburgh Cares
Plattsburgh Cares Main Page
Plattsburgh Cares, Humanitarian Support

Solidarity Across Borders
Solidarity Across Borders’ Homepage
SAB Supports Illegal Migrant Caravans
SAB Supports Sanctuary Cities For Illegals
SAB Calls To Open Up The Borders

These are of course not the only NGOs working to open up our borders (and other nations’ borders as well), but it does at least provide some insight.

Also, see the above links in Section #1 for other articles published on these NGOs.

9. Look At The Bigger Picture

Last fall, the story made the news that a challenge would be coming to Toronto to the Safe Third Country Agreement.

However, the Canadian media left out important information. Shocking.

First, it didn’t go into any detail on the groups lobbying for this. It wasn’t just some helpless “asylum claimants”, but an organized effort to help erase Canada’s border with the U.S.

Second, the full extent of the NGO meddling is not mentioned. True, some media DO reference the 2007 case, but not further. It doesn’t provide a complete picture of what is going on. Nor does it mention how these groups are pushing similar initiatives elsewhere. Amnesty International, for example, claims to have 7 million members pushing to bring more migrants (primarily) to the West. The Canadian Council for Refugees, as another example, spends considerable time and effort lobbying our Parliament for more refugee friendly laws.

Third, there seems little concern for the Canadian who would have their safety and sovereignty eroded should this pass. Instead, the focus is always on people coming to Canada and what their needs are.

This is lawfare: using our courts and legal system to open our borders.

January 31, 2020February 7, 2022

The Origins Of True North Canada, Which Its “Founder” Hides

(This “charity” was originally called the Independent Immigration Aid Association. The goal was to help settle British immigrants into BC. It was acquired by Malcolm, renamed, and used for tax purposes for her media company.)

(From later in 2020. Interesting that a group claiming to provide independent coverage of the Government is in fact receiving subsidies from the same Government, to keep its operations going)

1. Media Bias, Lies, Omissions And Corruption

(1) https://canucklaw.ca/media-1-unifor-denies-crawling-into-bed-with-government
(2) https://canucklaw.ca/full-scale-of-inadmissibles-getting-residency-permits-what-global-news-leaves-out/
(3) https://canucklaw.ca/media-3-post-media-controls-msm-conservative-alternative-media/
(4) https://canucklaw.ca/media-4-much-conservative-content-dominated-by-koch-atlas/

2. Important Links

(1) https://tnc.news/about-us/
(2) http://archive.is/fOUxQ
(3) information about TNC on CRA website,
(4) http://archive.is/0Yquf
(5) 2015 Registered charity information return
(6) https://www.atlasnetwork.org/news/article/42-free-market-leaders-complete-think-tank-leadership-training
(7) http://archive.is/Y5fGh
(8) https://www.theglobeandmail.com/news/politics/kenneys-office-apologizes-for-new-canadians-stunt-on-sun-news/article543280/
(9) http://archive.is/Mwsba
(10) https://policyoptions.irpp.org/2016/07/06/a-response-to-candice-malcolms-losing-true-north/
(11) http://archive.is/N0j3Q
(12) https://www.cbc.ca/news/politics/fired-kenney-staffer-makes-a-comeback-1.1075263
(13) http://archive.is/rat87
(14) https://www.can1business.com/company/Active/Independent-Immigration-Aid-Association
(15) http://archive.is/3u4kU
(16) https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/424449/index.do
(17) http://archive.is/FYtSb
(18) https://apps.cra-arc.gc.ca/ebci/hacc/srch/pub/dsplyBscSrch

3. Previously Covered By Press Progress

CLICK HERE, for prior coverage by PressProgress.ca.

When researching into True North Center’s tax returns and history, I stumbled across this piece on the subject. Quite thorough, and difficult to add to this, but let’s try anyway.

4. True North Originally Called I.I.A.A.

From Data On CRA Website

True North Centre for Public Policy
Business/Registration number: 132703448 RR 0001
Charity status: Registered
Effective date of status: 1994-06-18
Designation: Charitable organization
Charity type: Relief of Poverty
Category: Organizations Relieving Poverty
Address: 2030 – 10013 RIVER DR
City: RICHMOND
Province, territory, outside of Canada: BC

From “About Us” On Website

True North Centre for Public Policy (True North Centre) is a registered Canadian charity, independent and non-partisan. We conduct policy research on immigration and integration issues and provide timely investigative journalism on issues that affect Canada’s national security.
.
The True North Initiative is a not-for-profit advocacy organization that raises awareness around immigration and integration issues and advances Western democratic values.
.
Together, these organizations form True North Canada.

Interesting. On its own website, True North Canada claims to be about conducting policy research on immigration and integration issues.

However, in tax filings True North Centre for Public Policy (which claims to be a charity) says the organization is about relieving poverty. It also claims to be helping UK immigrants settle into BC.

The reason for this discrepancy is that the Independent Immigration Aid Association (I.I.A.A.) that was founded in 1994 was taken over by Candice Malcolm. It was renamed as TRUE NORTH CENTRE FOR PUBLIC POLICY. An interesting point to raise: why take it over? Why not just start a brand new organization?

It could be to continue the tax benefits that come with being a registered charity, which True North Center still officially is.

5. Registered Charity Information Returns, 2014

Director/trustee and like official # 1
Full name: Daniel J Brown
Term Start date: 2014-01-01
Term End date: 2014-12-31
Position: President
At Arms Length with other Directors? Yes

Director/trustee and like official # 2
Full name: Roger A Dawson
Term Start date: 2014-01-01
Term End date: 2014-12-31
Position: Vice President
At Arms Length with other Directors? No

Director/trustee and like official # 3
Full name: Carole Clark
Term Start date: 2014-01-01
Term End date: 2014-12-31
Position:
At Arms Length with other Directors? No

Director/trustee and like official # 4
Full name: Robert Davies
Term Start date: 2014-01-01
Term End date: 2014-12-31
Position:
At Arms Length with other Directors? Yes

Director/trustee and like official # 5
Full name: Thomas Viccars
Term Start date: 2014-05-01
Term End date: 2014-12-31
Position:
At Arms Length with other Directors? Yes

Director/trustee and like official # 6
Full name: Tom Moses
Term Start date: 2014-05-01
Term End date: 2014-12-31
Position:
At Arms Length with other Directors? Yes

Director/trustee and like official # 7
Full name: Peter Howard
Term Start date: 2014-01-01
Term End date: 2014-12-31
Position:
At Arms Length with other Directors? Yes

6. Registered Charity Information Returns, 2015

Director/trustee and like official # 1
Full name: Daniel J Brown
Term Start date: 2015-01-01
Term End date: 2015-12-31
Position: President
At Arms Length with other Directors? Yes

Director/trustee and like official # 2
Full name: Roger A Dawson
Term Start date: 2015-01-01
Term End date: 2015-12-31
Position: Vice President
At Arms Length with other Directors? No

Director/trustee and like official # 3
Full name: Carole Clark
Term Start date: 2015-01-01
Term End date: 2015-12-31
Position: At Large
At Arms Length with other Directors? No

Director/trustee and like official # 4
Full name: Robert Davies
Term Start date: 2015-01-01
Term End date: 2015-12-31
Position: At Large
At Arms Length with other Directors? Yes

Director/trustee and like official # 5
Full name: Thomas Viccars
Term Start date: 2015-01-01
Term End date: 2015-12-31
Position: At Large
At Arms Length with other Directors? Yes

Director/trustee and like official # 6
Full name: Tom Moses
Term Start date: 2015-01-01
Term End date: 2015-12-31
Position: At Large
At Arms Length with other Directors? Yes

Director/trustee and like official # 7
Full name: Peter Howard
Term Start date: 2015-01-01
Term End date: 2015-12-31
Position: At Large
At Arms Length with other Directors? Yes

7. Registered Charity Information Returns, 2016

Director/trustee and like official # 1
Full name: Daniel J Brown
Term Start date: 2016-01-01
Term End date: 2016-12-31
Position: President
At Arms Length with other Directors? Yes

Director/trustee and like official # 2
Full name: Roger A Dawson
Term Start date: 2016-01-01
Term End date: 2016-12-31
Position: Vice President
At Arms Length with other Directors? No

Director/trustee and like official # 3
Full name: Carole Clark
Term Start date: 2016-01-01
Term End date: 2016-12-31
Position: At Large
At Arms Length with other Directors? No

Director/trustee and like official # 4
Full name: Robert Davies
Term Start date: 2016-01-01
Term End date: 2016-12-31
Position: At Large
At Arms Length with other Directors? Yes

Director/trustee and like official # 5
Full name: Tom Moses
Term Start date: 2016-01-01
Term End date: 2016-12-31
Position: At Large
At Arms Length with other Directors? Yes

Director/trustee and like official # 6
Full name: Patricia Morris
Term Start date: 2016-01-01
Term End date: 2016-12-31
Position: At Large
At Arms Length with other Directors? Yes

8. Registered Charity Information Returns, 2017

Director/trustee and like official # 1
Full name: Kasra Nejatian
Term Start date: 2017-12-07
Term End date:
Position: Director
At Arms Length with other Directors? Yes

Director/trustee and like official # 2
Full name: Erynne Schuster
Term Start date: 2017-02-07
Term End date:
Position: Director
At Arms Length with other Directors? Yes

Director/trustee and like official # 3
Full name: William McBeath
Term Start date: 2017-12-07
Term End date:
Position: Director
At Arms Length with other Directors? Yes

9. Registered Charity Information Returns, 2018

Director/trustee and like official # 1
Full name: Kasra Nejatian
Term Start date: 2017-12-07
Term End date:
Position: Director
At Arms Length with other Directors? Yes

Director/trustee and like official # 2
Full name: Erynne Schuster
Term Start date: 2017-12-07
Term End date:
Position: Director
At Arms Length with other Directors? Yes

Director/trustee and like official # 3
Full name: William McBeath
Term Start date: 2017-12-07
Term End date:
Position: Director
At Arms Length with other Directors? Yes

10. Koch/Atlas Network, Canadian Partners

Alberta Institute
Canadian Constitution Foundation
Canadian Taxpayers Federation
Canadians For Democracy And Transparency
Fraser Institute
Frontier Center For Public Policy
Institute For Liberal Studies
Justice Center For Constitutional Freedoms
MacDonald-Laurier Institute For Public Policy
Manning Center
Montreal Economic Institute
World Taxpayers Federation

These “think tanks” all promote the same things: economic libertarianism; mass economic immigration; liberal or free trade; less government; larger role for private sector. Now, let’s connect some dots.

Spoiler alert: you will notice that none of the connections you are about to be shown actually appear in True North Canada’s public information. Almost like they didn’t want the public to know.

11. Candice Malcolm’s Ties To Koch/Atlas

Candice worked for Koch and the Fraser Institute, before getting into journalism. She now runs True North Initiative, which “identifies” as a non-profit group. Of course, there is also True North Center, which “identifies” as a charity.

This was a November 2014 Atlas gettogether to complete “THINK TANK LEADERSHIP TRAINING”, whatever that means. Canadian Taxpayer’s Federation rep, Candice Malcolm was there.

At this 2014 dinner, Malcolm was a member of the Canadian Taxpayer’s Federation. Yes, one of Atlas’ Canadian partners.

Malcolm leaves out any trace of her Atlas past in the TNC website. Not very candid, is it? Malcolm also omits being a political staffer, for Jason Kenney, who “enriched” the GTA as Immigration Minister, and who wants to enrich Rural Alberta now.

12. Kasra Nejatian’s Ties To Koch/Atlas

Interesting side note: Kasra Nejatian (a.k.a. Kasra Levinson) is Candice Malcolm’s husband. He is a Director at the Canadian Constitution Foundation, which is also part of Atlas Network. He’s part of the CCF, and she was part of Fraser and Koch Institute.

Interesting omission on the TNC site: not only does Candice not mention that Kasra — her husband — is a Director of a Koch group (CCF), she omits that he is a Director at True North Center, the “charity” branch of True North Canada.

There’s no information about this on the website. In fact, one would have to search Revenue Canada’s records in order to find this out. The TNC site doesn’t even say that THERE ARE any Directors.

Worth pointing out, Nejatian was also a staffer, for Jason Kenney, former Federal Immigration Minister, and current Alberta Premier.

13. William McBeath’s Ties To Koch/Atlas

One of the Directors for True North’s “charity” wing is William McBeath, who used to work for the Manning Center. Again, one would have to look at the Revenue Canada website to get this information, as it is not available on TNC.news.

Interestingly, he has also held party roles with both the Alberta and Federal Conservatives. Again, no mention of this on the TNC.news website. You need to check outside information.

14. Andrew Lawton, Ontario PC Candidate

True North admits that one of their fellows, Andrew Lawton, was a candidate in the 2018 Ontario Provincial election for the Progressive Conservative Party. A refreshing bit of candour considering what they leave out.

Nothing inherently wrong with journalists getting into politics, or politicians getting into journalism. However, being so recent, it should be noted the biases and beliefs Lawton will bring to the role.

15. Charity V.S. Non-Profit: CRA

CHARITY
NON-PROFIT ORGANIZATION

Purposes
must be established and operate exclusively for charitable purposes
can operate for social welfare, civic improvement, pleasure, sport, recreation, or any other purpose except profit
cannot operate exclusively for charitable purposes

Registration
must apply to the CRA and be approved for registration as a charity
does not have to go through a registration process for income tax purposes

Charitable registration number
is issued a charitable registration number once approved by the CRA
is not issued a charitable registration number

Tax receipts
can issue official donation receipts for income tax purposes
cannot issue official donation receipts for income tax purposes

Spending requirement (disbursement quota)
must spend a minimum amount on its own charitable activities or as gifts to qualified donees
does not have a spending requirement

Designation
is designated by the CRA as a charitable organization, a public foundation, or a private foundation
does not receive a designation

Returns
must file an annual information return (Form T3010) within six months of its fiscal year-end
may have to file a T2 return (if incorporated) or an information return (Form T1044) or both within six months of its fiscal year-end

Personal benefits to members
cannot use its income to personally benefit its members
cannot use its income to personally benefit its members

Tax exempt status
is exempt from paying income tax
is generally exempt from paying income tax
may have to pay tax on property income or on capital gains

GST/HST
generally must pay GST/HST on purchases
may claim a partial rebate of GST/HST paid on eligible purchases
most supplies made by charities are exempt
calculates net tax using the net tax calculation for charities
must pay GST/HST on purchases
may claim a partial rebate of GST/HST paid on eligible purchases only if it receives significant government funding
few supplies made by NPOs are exempt
calculates net tax the regular way

Given how Revenue Canada distinguishes between charities and non-profits, this may be why Candice Malcolm took over Independent Immigration Aid Association and renamed it to True North Center for Public Policy. They likely wouldn’t be able to obtain charity status on their own. Therefore, taking an existing charity might have been an easier bet.

While True North does do decent work, there is nothing to indicate that it deserves special status, or should be registered as a charity. Otherwise, virtually any media would qualify.

Seriously, what else is the reason for acquiring the Independent Immigration Aid Association? It’s not like Malcolm, Nejatian, or any of the others wish to preserve their legacy. In fact, without looking any deeper into the topic, one would never know about it.

So did Malcolm found True North Initiative? In a deceptively technical sense, yes. The “non-profit” branch of True North Canada came from her. However, the “charity” portion which makes the organization eligible for tax perks was founded in 1994 by a completely different group of people. A lie of omission.

16. What Exactly Is True North Canada?

Press Progress picked up on the inconsistencies in Malcolm’s ever-changing description of True North Canada. So let’s go through some of them.

True North is simultaneously a media company, an advocacy group, a registered charity, and “it’s complicated“.

Could be that Malcolm wants to keep the tax breaks that come with the current structure. That could be why she “founded” True North Initiative (a non-profit), yet the True North Center for Public Policy (a charity) was a rebranded one from 1994.

Now, for a semi-related, but interesting ruling from the Federal Court of Canada.

17. Federal Court Ruling: T-1633-19

Recently, True North and Rebel Media won court cases which overturned (on an interlocutory basis) the decisions of the Elections Commissioner to restrict them from covering Federal debates in the 2019 election. This is an interesting side note to the story.

Worth stating at the front: although there were a few different names to choose from, Malcolm et al chose to use True North Center for Public Policy (the charity), for the court case.

Well, yes. They do engage in advocacy. It says so right on their website. While this may come across as pedantic, they are not wrong about this. However, things are not that simple.

The Test for the Requested Relief
[24] The test the Court must apply when asked to issue a mandatory interlocutory injunction is set out by the Supreme Court of Canada in R v Canadian Broadcasting Corp, 2018 SCC 5 [CBC] at para 18:
In sum, to obtain a mandatory interlocutory injunction, an applicant must meet a modified RJR — MacDonald test, which proceeds as follows:
(1) The applicant must demonstrate a strong prima facie case that it will succeed at trial. This entails showing a strong likelihood on the law and the evidence presented that, at trial, the applicant will be ultimately successful in proving the allegations set out in the originating notice;
(2) The applicant must demonstrate that irreparable harm will result if the relief is not granted; and
(3) The applicant must show that the balance of convenience favours granting the injunction. [emphasis in original]

[25] The Applicants bear the burden of proving to the Court on a balance of probabilities that they have met all three prongs of the tri-partite test. This Court observed in The Regents of University of California v I-Med Pharma Inc, 2016 FC 606 at para 27, aff’d 2017 FCA 8 that “[t]hese factors are interrelated and should not be assessed in isolation (Movel Restaurants Ltd v EAT at Le Marché Inc, [1994] FCJ No 1950 (Fed TD) at para 9, citing Turbo Resources Ltd v Petro Canada Inc (1989), 24 CPR (3d) 1 (FCA)).”

[26] The Order the Applicants seek is both extraordinary and discretionary. Given its discretionary nature, provided the tri-partite test has been met, the “fundamental question is whether the granting of an injunction is just and equitable in all of the circumstances of the case:” Google Inc v Equustek Solutions Inc, 2017 SCC 34 at para 25.

[37] There is also evidence in the record that some of the accredited news organizations have previously endorsed specific candidates and parties in general elections. The Commission responds that in those cases the advocacy was in editorials or produced by columnists. This begs the question as to where one draws the line as to what is and is not advocacy that disqualifies an applicant from accreditation. This goes to the lack of rationality and logic in the no-advocacy requirement.

This is a valid point. Most media outlets engage in some level of advocacy. So to disallow 1 or 2 outlets would be hypocritical.

[38] This also goes to the lack of transparency. Absent any explanation as to the meaning to be given to the term “advocacy” and given that the Commission accredited some organizations that have engaged in advocacy, I am at a loss to understand why the Commission reached the decisions it did with respect to the Applicants.

Agreed. The decisions weren’t really explained beyond the simple “you engage in advocacy”.

[39] Accordingly, I find that the Applicants are likely to succeed on the merits in setting aside the decisions as unreasonable.

The Procedural Fairness of the Process
[40] The application and scope of procedural fairness in administrative decision-making is explained by the Supreme Court of Canada in Baker v Canada (Minister of Citizenship and Immigration), [1999] 2 SCR 817 [Baker].

[41] It was noted at para 20 of Baker that “The fact that a decision is administrative and affects ‘the rights, privileges or interests of an individual’ is sufficient to trigger the application of the duty of fairness.” In the matters before this Court the interests of those whose accreditation applications were rejected are most certainly affected. This was not disputed by the Commission; rather it submitted that the Applicants were afforded a fair process in accordance with Baker.

[42] The Supreme Court of Canada observed at para 22 of Baker that “the duty of fairness is flexible and variable, and depends on an appreciation of the context and the particular statute and the rights affected.” In paras 23 to 27, it listed five factors that a court ought to consider when determining the content of the duty of fairness in a particular case. There is no suggestion that these are the only factors a court may consider:
(i) The nature of the decision being made and the process followed in making it;
(ii) The nature of the statutory scheme and the terms of the statute pursuant to which the decision-maker operates;
(iii) The importance of the decision to those affected;
(iv) The legitimate expectations of those challenging the decision regarding the procedures to be followed or the result to be reached; and
(v) The choices made by the decision-maker regarding the procedure followed.

Conclusion
[68] I have found that these Applicants have satisfied the tripartite test for the granting of the injunction requested. Moreover, and for the reasons above, I find that granting of the requested Order is just and equitable in all of the circumstances.

[69] For these Reasons, following the oral hearing on October 7, 2019, the Court issued the following two Orders:
the Leaders’ Debates Commission / Commission des Debats des Chefs is to grant David Menzies and Keenan [sic] Bexte of Rebel News the media accreditation required to permit them to attend and cover the Federal Leaders’ Debates taking place on Monday, October 7, 2019 in the English language and Thursday, October 10, 2019 in the French language;
the Leaders’ Debates Commission / Commission des Debats des Chefs is to grant Andrew James Lawton of the True North Centre for Public Policy the media accreditation required to permit him to attend and cover the Federal Leaders’ Debates taking place on Monday, October 7, 2019 in the English language and Thursday, October 10, 2019 in the French language;

[70] After issuing these Orders, the Applicants requested and were granted an opportunity to make submissions on costs. The Court was later informed that “the parties have resolved the issue of costs” and thus no further Order is required.

For all the issues a person may have with an outlet, such as Rebel Media or True North Canada, it was nice to see this decision happen. The public is best served with more media available.

Regardless of how sketchy True North is, Elections Canada acted in a very heavy-handed way. The Courtruling was a very welcome victory.

18. Malcolm Misrepresents On Twitter

Malcolm claims to be the FOUNDER of True North Canada in her Twitter biography. While this is true on a technical level, it omits that she and her husband took an existing charity, renamed and repurposed it, and now use it for tax benefits.

It’s not entirely clear what this “non-profit” of True North Initiative adds, other than perhaps some cover. Slapping that on a rebranded charity seems to be what counts as “founding” these days.

While I support the challenge in Federal Court (allowing coverage of the debates), it was in the spirit of open media. It is not in any way to be seen as an endorsement of this “organization”. It is deceitful and underhanded.

January 22, 2020February 18, 2023

Gladue 2.0: Blacks Also Get Race-Based Discount In Sentencing, What The Media Missed

1. Important Links

(1) https://canucklaw.ca/race-based-discounts-in-criminal-courts/
(2) https://canucklaw.ca/child-killer-gets-transfer-to-healing-lodge-because-of-her-race/
(3) https://canucklaw.ca/public-policy-7-abolish-gladue-fix-underlying-problems/
(4) https://laws-lois.justice.gc.ca/eng/Const/page-15.html

Aboriginal Specific Cases
(A) R. v. Gladue, 1997 CanLII 3015 (BC CA)
http://archive.is/QKazg
(B) R. v. Gladue, 1999 CanLII 679 (SCC), [1999] 1 SCR 688
http://archive.is/vSWlo
(C) R. v. Ipeelee, 2012 SCC 13 (CanLII), [2012] 1 SCR 433
http://archive.is/Ol7tw

2. Context For This Article

Much of the Canadian public knows about “Gladue Rights”, which is essentially a race-based discount given to Aboriginal defendants in criminal proceedings. In short, judges must consider systemic racism and other discrimination, and search for ways to reduce their sentences.

However, this does not extend only to Aboriginals. Blacks can also use many of the same excuses in pleading for reduced punishment for crimes they commit.

Everyone, regardless of their race, should be against this. The only way a society works is when everyone is treated the same way for their actions. One group should not benefit, or be hindered by unequal laws.

3. Court Cases For Blacks

Here are some recent court cases in which “racial discrimination” or “system racism” was taken into account by judges sentencing black felons. This is not the complete list.

Again, this is not nearly all of them, but a snapshot into what the legal system (it’s not really a justice system) has become in Canada.

4. Looking At A Cultural Assessment

[17] Cultural Assessment – Completed by Mr. R. Wright, MSW, RSW. It is extensive, well-informed and well-researched.
The Nature of an Impact of Race and Culture Assessment
Though much has been written about the intersection of race and the criminal justice system, and in particular the experience of North Americans of African descent, until the development of IRCA’s (sic) there had been no recognized form for the presentation of such a report. That people of African descent have been overrepresented among incarcerated persons in Canada has been studied by academics, justice system leaders, and activist persons. The Office of the Correctional Investigator took special notice of the conditions of inmates of African descent in federal correctional institutions in its year end report in 2013. It concluded:

“Black inmates are one of the fastest growing sub-populations in federal corrections. Over the last 10 years, the number of federal incarcerated Black inmates has increased by 80% from 778 to 1,403. Black inmates now account for 9.5% of the total prison population (up from 6.3% in 2003/04) while representing just 2.9% of the general Canadian population.” (p.8)

Now, 4 years after the advent of these reports in the well publicized YCJA matter described as R v. X, IRCAs have been widely accepted in Nova Scotia courts and have also been conducted in Ontario. Though I fully respect that the experience of aboriginal Canadians is quite unique, and I have no wish to expropriate or exploit their struggle and leadership, I nevertheless need to acknowledge that my development of IRCAs has been influenced by my familiarity with Gladue reports. Like Gladue reports, the goal of IRCAs is to provide courts with more background information about an offender’s race and cultural background to assist the court at arriving at a just sentence: A sentence that considers the circumstances of the offender, alternatives to incarceration, and does not further contribute to the systemic problems of overrepresentation of persons within correctional populations. This principle is generally stated in the Criminal Code of Canada with particular attention given to Aboriginal offenders:

718.2 A court that imposes a sentence shall also taken into consideration the following principles:
(e) all available sanctions, other than imprisonment, that are reasonable in the circumstances and consistent with the harm done to victims or to the community should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders.

In keeping with these principles, it is a founding premise of IRCAs that a person’s race and cultural heritage should be considered as a significant factor in considering their sentence n a criminal matter. Not just because of cultural responses to normal stressors, but also because of the forces of racism that person experience and our growing understanding of how this affects outcomes when one encounters the justice and other government systems. In Nova Scotia we have significant reason to understand these effects. We are the province of the Royal Commission on the Donald Marshall, Jr., Prosecution (1989), which opening paragraph is very telling:

The criminal justice system failed Donald Marshall, Jr. at virtually every turn from his arrest and wrongful conviction for murder in 1971 up to, and even beyond, his acquittal by the Court of Appeal in 1983. The tragedy of the failure is compounded by evidence that this miscarriage of justice could – and should – have been prevented, or at least corrected quickly, if those involved in the system had carried out their duties in a professional and/or competent manner. That they did not is due, in part at least, to the fact that Donald Marshall, Jr. is a Native. (p.1)

We are also the province of the Black Learners Advisory Committee Report on Education: Redressing Inequity – Empowering Black Learners (1994). This report was produced as part of a comprehensive study of the education inequities that exist for African Nova Scotians (ANS). It produced 3 volumes of materials and 30 recommendations for education reform. That systemic racism exists in the Nova Scotia education system was well described by this report:

“Black Nova Scotians, like other Black Canadians, are victimized by a racist ideology and a racist social structure. Racism permeates the entire social, economic, political and cultural environment of Nova Scotian and Canadian….

During the BLAC research, we encountered widespread condemnation of the education system as biased, insensitive and racist. Systemic racism was seen as manifested in student assessment and placement; in labelling of large numbers of Black students as slow learners or having behaviour problems; in steraming (sic); in low teacher expectation; in denigration by and exclusion of Blacks from the curriculum; and in the total lack of responsiveness to the needs of Black learners and concerns of the Black community.” (pp. 34, 35)

Similarly, the differential and disadvantageous experience of African Canadians in the federal corrections system has been documented by the Office of the Correctional Investigator in it year end report in 2013. Nova Scotia’s review of the Mental Health and Addictions system produced the Together We Can Strategy (2012) found that African Nova Scotians were among a number of diverse communities whose mental health and addictions treatment needs had not yet been served sufficiently. This Nova Scotian finding was identified earlier in a national study completed by a subcommittee of the Mental Health Commission of Canada. The document they produced: Improving Mental Health Services for Immigrant, Refugee, Ethno-Cultural and Racialized Groups: Issues and Options for Service Improvement (2009). It is interesting to note, that I served on the MHCC subcommittee and was a contributor to that report. Ms. Lana MacLean, my colleague and friend who is also a person who conducts IRCAs served on the committee that produced the Nova Scotia review document.

Knowing all of this, an IRCA then seeks to understand how an individual’s ANS heritage and interaction with formal and informal systems has affected their involvement in criminal behaviour, will be a factor in their treatment while incarcerated, and will be a factor in their rehabilitation and reintegration in the community. These issues are consistent with the expectations of the report described in Judge Curran’s order requesting: “preparation of a cultural assessment report regarding his African Nova Scotian background and any cultural factors and racial factors which are suggested to be systemic in nature, but may also have individual impacts on him,” Examination of “the role played by Derek Demitrius Faulkner’s cultural and racial background with respect to the criminal offence herein.”

Preparation of this Report
In preparing this report I have participated in the following activities:
• Interview in person of Mr. Faulkner at Northeast Nova Scotia Correctional Facility
• Review of JEIN report, Crown Brief and other Disclosure material
• Interview by phone of Mr. Michael Dull, counsel for Mr. Faulkner in the civil matter
• I attempted contact with other collaterals but were not able to reach them in time for the drafting of this report. I will continue to reach out to collaterals in the event that I am called to testify on this report.

According to the cultural report, Nova Scotians engage in system racism. This is the case of R. v. Faulkner, 2019 NSPC 36 (CanLII).

It had nothing to do with any of the AGGRAVATING FACTORS that were cited in Paragraph 5 of the sentencing report

II AGGRAVATING FACTORS
(1) Robbery is inherently violent and there were implied threats of violence to clerk #1 and specific to #2
(2) Lengthy record including two robberies, 2005/2009
(3) Accused released from custody; breached release
(4) Prolonged nature of the offence – accused was in store for over an hour
(5) Clerk asked member of public to call police

Nothing to do with committing a robbery and making threats.
Nothing to do with a robbery in 2005.
Nothing to do with a robbery in 2009.
Nothing to do with other criminal convictions.
Nothing to do with being in the store over an hour.
Nothing to do with breaching conditions of release.
The court needs to consider the “systemic racism” that blacks face.

Yeah, it’s all about those racist Nova Scotians. Turned him into a career criminal.

5. Section 15 Of Canadian Charter

Equality Rights
Marginal note:
Equality before and under law and equal protection and benefit of law
15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Marginal note:
Affirmative action programs
(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

Serious question: under the Canadian Charter, would this count as a law that ameliorates conditions of disadvantaged individuals? Guess we aren’t so equal after all.

6. Follow-up To Old Story

This topic was covered in a previous article in June last year. It was reported that this may become the law of the land. Admittedly I should have checked deeper into it at the time.

However, it seems that these cases have been going on for many years. The National Post just missed that detail. It just has not been codified into law — yet.

How exactly do we live in any sort of just society, when there are different rules and standards for people based on their skin colour? This completely flies in the face of equality under the law, which SHOULD apply to everyone.

7. 3 Levels Of Justice Now?

Under the Gladue ruling, judges are REQUIRED to take an Aboriginal person’s background into account when handing down sentencing. There is no discretion in the matter.

However, for blacks, judges MAY take race and circumstances into account, but this is not mandatory.

Everyone else, though, must take responsibility for their own actions. They don’t have the race card to play.

1. Debunking The Climate Change Scam

2. Important Links

3. Saskatchewan Court Of Appeal (May, 2019)

4. Ontario Court Of Appeal (June, 2019)

5. Alberta Court Of Appeal (February, 2020)

6. Federal Conservatives Support Climate Hoax

7. Supreme Court Of Canada: Ontario (Appellant)

8. Supreme Court: Manitoba (Intervenor)

9. Supreme Court: Saskatchewan (Intervenor)

10. Supreme Court: Alberta (Intervenor)

11. Supreme Court: BC (Intervenor)

12. Supreme Court: Quebec (Intervenor)

13. Supreme Court: New Brunswick (Intervenor)

14. NGOs Meddling In Court Affairs

15. SCC Challenges Are Designed To Fail

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1. Trafficking, Smuggling, Child Exploitation

2. Important Links

3. Two Federal Non-Profit Corporations

4. Mental Gymnastics In LEAF Agenda

5. Canadian Taxpayers Are Financing This

6. LEAF’s Take On “Reproductive Justice”

7. LEAF Wants Foreign Abortions Funded Too

8. No protection For Unborn Victims Of Crime

9. LEAF Forcing Abortion/Euth On Doctors

10. LEAF Wants Gender Ideology Critic Banned

11. LEAF: Reduce Sentence For Drug Mule

12. LEAF Supports ON Sex-Ed Agenda

13. Honourable Mention: Tanya Granic Allen

14. RCMP & Illegal Organ Trade

15. UNODC On Organ, Human Trafficking

16. UNODC: Illegal Entry Facilitates T&S

17. Bill S-204, Criminal Code Change

18. Abortion Fuels Organ Trafficking

19. Defending Non-Disclosure Of HIV

20. LEAF Is Anti-Free Speech

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1. Other Articles On CV “Planned-emic”

2. Important Decisions

3. Sault Area Hospital (2015)

4. Bonnie Henry Testifies In 2015 Case

5. William Osler Health System (2016)

6. St. Michael’s Hospital (2018)

7. BC Ombudsman’s June 2020 Report

8. These Rulings Are Very Encouraging

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1. Trafficking, Smuggling, Child Exploitation

2. Why Canadians Should Care

3. Court History Over The Years

4. 1992: SCC Rules No Standing

5. 2008: S3CA, Parts Of IRPA Struck Out

6. 2009: Previous Ruling Overturned

7. 2017-Present: Toronto Challenge

8. So Who Are These NGOs?

9. Look At The Bigger Picture

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1. Media Bias, Lies, Omissions And Corruption

2. Important Links

3. Previously Covered By Press Progress

4. True North Originally Called I.I.A.A.

5. Registered Charity Information Returns, 2014

6. Registered Charity Information Returns, 2015

7. Registered Charity Information Returns, 2016

8. Registered Charity Information Returns, 2017

9. Registered Charity Information Returns, 2018

10. Koch/Atlas Network, Canadian Partners

11. Candice Malcolm’s Ties To Koch/Atlas

12. Kasra Nejatian’s Ties To Koch/Atlas

13. William McBeath’s Ties To Koch/Atlas

14. Andrew Lawton, Ontario PC Candidate

15. Charity V.S. Non-Profit: CRA

16. What Exactly Is True North Canada?

17. Federal Court Ruling: T-1633-19

18. Malcolm Misrepresents On Twitter

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