Category: Canada

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Google Lobbying: Smart Thermostats; Digital Taxes; Smart Cities; 5G Infrastructure; Content Regulation

Google has been officially registered to lobby the Federal Government since 2008. But don’t worry, it’s not like it will lead to major laws getting changed, or anything like that. Canuck Law is a serious site, and does not tolerate conspiracy theories.

1. Developments In Free Speech Struggle

There is already a lot of information on the free speech series on the site. Free speech, while an important topic, doesn’t stand on its own, and is typically intertwined with other categories. For background information for this, please visit: Digital Cooperation; the IGF, or Internet Governance Forum; ex-Liberal Candidate Richard Lee; the Digital Charter; big tech collusion in coronavirus; Dominic LeBlanc’s proposal, and Facebook lobbying.

2. Important Links

(1) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=365072&regId=897489&blnk=1
(2) https://archive.is/TaD59
(3) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=16607&regId=898683&blnk=1
(4) https://archive.is/2NNky
(5) Google’s Recent Communications Reports
(6) https://archive.is/v0jDY
(7) https://www.who.int/dg/speeches/detail/munich-security-conference
(8) https://archive.is/VlN8K
(9) https://www.who.int/news-room/feature-stories/detail/who-and-rakuten-viber-fight-covid-19-misinformation-with-interactive-chatbot
(10) https://archive.is/fWfYY
(11) https://www.who.int/news-room/feature-stories/detail/who-launches-a-chatbot-powered-facebook-messenger-to-combat-covid-19-misinformation
(12) https://archive.is/PRIHD

3. Google And Smart Thermostats

Google is currently in talks with the Federal Government if they install energy efficient or “smart” thermostats, and potential rebates. Presumably, these rebates would be financed by tax dollars or additional debt.

4. Google Lobbying On Many Subjects

Subject Matter Details
Legislative Proposal, Bill or Resolution
-Copyright Act, in respect of amendments related to user rights and intermediary liability.
-Copyright Act, in respect of reforms to the Copyright Board of Canada
-Income Tax Act, in respect of a proposed ‘digital renovation tax credit’ for small and medium sized businesses.
-Income Tax Act, specifically expanding section 19 to cover digital advertising.
.
Policies or Program
–Broadcasting policy, specifically related to governing online content.
–COVID-19 pandemic, more specifically potential collaboration between the Government of Canada and Google on remote work practices, chatbots, community mobility reports, and network infrastructure.
-Consideration of the creation of a Government digital service, a central office to coordinate digital transformation of the Government of Canada
-Government of Canada consultation on Canadian Content in a Digital World
–Immigration and visa policies, specifically policies that will promote and maintain a highly-skilled workforce.
-Innovation policy, specifically policies or programs related to the adoption of technology by small and medium-sized enterprises.
-Intellectual Property Strategy, as it relates to intangible assets.
-Internet advertising policy, specifically the adoption of digital media and advertising by government.
-Internet policy, specifically as it relates to cyber-security and national security.
-Internet policy, specifically the implementation of policy affecting the governance of the internet.
-Policies that would encourage growth of The Toronto-Waterloo Region Corridor, an 100-km stretch that is the second largest technology cluster in North America and is a global centre of talent, growth, innovation and discovery
-Procurement policy, specifically policy related to the provision of technology services by the Government of Canada.
-Providing feedback to a Canada Revenue Agency employee on draft government communications training program
-Public service polices to create greater digital skills
-Public service policies to encourage more open government
-Taxation policy, specifically proposed changes to the taxation of technology companies.
–Technological developments related to artificial intelligence.
-Technology policy, specifically promoting the development of technological infrastructure through the Smart Cities Challenge.
.
Policies or Program, Regulation
The North American Free Trade Agreement (NAFTA), specifically provisions related to intellectual property and digital trade.

These are the things that Google is currently in talks with the Federal Government in order to implement.

It would be nice to have more information on what “network infrastructure” actually meant, but most people can probably guess what it is.

5. Google Lobbying Canadian Politicians

Former Facebook lobbyist, and current CPC leader, Erin O’Toole, was lobbied twice in 2018 by Google.

This is hardly an exhaustive list. Members of all parties have been lobbied for years by Google. There are some 300 communications reports listed in the Lobbying Registry.

6. WHO Partners With Social Media

WHO is working with manufacturers and distributors of personal protective equipment to ensure a reliable supply of the tools health workers need to do their job safely and effectively.

But we’re not just fighting an epidemic; we’re fighting an infodemic.

Fake news spreads faster and more easily than this virus, and is just as dangerous.

That’s why we’re also working with search and media companies like Facebook, Google, Pinterest, Tencent, Twitter, TikTok, YouTube and others to counter the spread of rumours and misinformation.

We call on all governments, companies and news organizations to work with us to sound the appropriate level of alarm, without fanning the flames of hysteria.

The World Health Organization openly admits to partnering with social media companies to “combat misinformation” related to this so-called pandemic. It was mid-February that this Munich Conference happened. On March 31, the Rakuten Viber app was launched by WHO, and on April 15, a Facebook app was set.

Misinformation, of course, is simply anything that conflicts with the ever-shifting official narrative.

7. Google Supports Free Speech On YouTube

Google demonstrates its commitment to free speech, by hiring 10,000 people to scrub videos from YouTube (which Google owns). Nothing to worry about, as only hateful and extremist content will be erased.

8. Nothing To See Here, People

Despite the vast array of subjects which Google is lobbying the Federal Government on, there is no need to be concerned. There is nothing malevolent about it. After all, Google would never lie or mislead.

In fact, social media companies are following the lead of the World Health Organization to ensure that only the official sources of information get released to the public.

Please move along.

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Ottawa, Privy Council Lobbied By Facebook, Crestview Strategy, O’Toole

Facebook meeting with the Canadian Government over legislation which is set to influence digital media. Facebook claims that many of these meetings are solicited by the Government itself.

1. Important Developments On Free Speech

There is already a lot of information on the free speech series on the site. Free speech, while an important topic, doesn’t stand on its own, and is typically intertwined with other categories. For background information for this, please visit: Digital Cooperation; the IGF, or Internet Governance Forum; ex-Liberal Candidate Richard Lee; the Digital Charter; big tech collusion in coronavirus; and Dominic LeBlanc’s proposal.

2. Important Links

CLICK HERE, for Office of the Lobbying Commissioner.
CLICK HERE, for Crestview Strategy’s mainpage.

CLICK HERE, for Facebook lobbyist, Erin O’Toole of HB firm.
https://archive.is/ennLd

CLICK HERE, for Kevin Chan’s LinkedIn page.
https://archive.is/Ngbtb
CLICK HERE, for Kevin Chan, Privy Council Office Holder.
https://archive.is/3Mwny

CLICK HERE, for Zakery Blais LinkedIn page.

3. Context For This Article

The lobbying firm, Crestview Strategy, is being covered once again. This time, it is because of Crestview’s lobbying efforts on behalf of Facebook. It’s time to show some of the secrets the public may not know about this.

It was addressed in Part 4, Part 5, Part 6, and Part 48 how Crestview Strategy was lobbying the Federal Government on behalf of GAVI, the Global Vaccine Alliance. However, Crestview has its fingers in many more pies than just the drug industry.

4. CPC Head Erin O’Toole Ex-Facebook Lobbyist

Less than a year after serving as a lobbyist for Facebook, O’Toole announced he was going to enter Federal politics.

5. Kevin Chan: Privy Council, OLO, Facebook

In the lobbying records, it is mandatory to disclose all senior officers who hold (or have held), public office. The registry lists Kevin Chan, who held several positions with the Privy Council. Interestingly, none of that appears on Chan’s LinkedIn profile.

Also, from 2009 until 2011, Chan worked for the Office of the Leader of the Opposition. At that time, it was Liberal Leader, Michael Ignatieff. Ignatieff is now a Vice-President at George Soros’ Open Society.

It’s worth pointing out the the Leader of the Official Opposition is now Erin O’Toole, who was also lobbyist for Facebook, when he worked for Heenan Blaikie.

6. Conflict Of Interest With Privy Council

As can be seen in the last section, Kevin Chan worked for the Privy Council’s Office for several years, before joining Facebook. He is now one of their senior officers.

Dominic LeBlanc is currently the President of the Privy Council. He has publicly suggested passing laws to combat “misinformation online”. In order to do this, LeBlanc would have to get social media outlets like Facebook onboard with that agenda.

It seems that Facebook Canada (using their in-house Council), has been lobbying the Canadian Government — and specifically the Privy Council — a lot in the last few years. But don’t worry, that won’t lead to a crack down on free speech or anything like that.

7. Zakery Blais Worked For AG David Lametti

His experience spans both the public and private sectors. He previously worked as a Legislative Assistant to a Canadian Member of Parliament, providing strategic political and communications advice. Prior to joining Crestview Strategy, Zakery also worked in various capacities in public affairs, including as an analyst focused on the energy and natural resources sectors.

Blais worked for a sitting MP, according to his Crestview Strategy profile, but does not identify the person. However, on his LinkedIn page, it is listed as David Lametti. Lametti was a Parliamentary Secretary at that time, but is now the sitting Attorney General of Canada.

On August 1st, Blais renewed his Crestview lobbying registration for the Gates financed GAVI. See here.

8. Jason Clark: Crestview, GAVI, Facebook

Jason holds a Honours Bachelor of Arts degree in History from Western University, and a Master of Arts degree in International Studies and Diplomacy with a Specialization in Global Energy & Climate Change Policy from SOAS, University of London in London, United Kingdom. Jason serves on the Board of the Ottawa Bicycle Club and volunteered for several Ottawa-area Liberal Party of Canada candidates during the 2015 election campaign.

Crestview’s Jason Clark has been a lobbyist for both Facebook and GAVI. He also worked as an election volunteer for the Liberal Candidates in Ottawa for the 2015 election.

9. Chad Rogers: Crestview, GAVI, Facebook

Chad Rogers is a strategist, entrepreneur and founding partner at Crestview Strategy, a public affairs agency.
.
Chad helps leaders, companies and industry associations make their case and get things approved. He has been a public opinion researcher, senior advisor to a Premier, and has served as an advisor to political party and government leaders across the globe.

Rogers was a founding partner of Crestview Strategy (as was Rob Silver, who is Katie Telford’s husband). He has also been registered as a lobbyist for both Facebook and GAVI. Interesting, however, he won’t list the Premier, but a search on LinkedIn identifies it as the 1999-2003 Government — who was led by John Hamm.

10. Crestview Strategy & Facebook Lobbyists

Although they haven’t all filed formal communications reports, it seems that Facebook always has at least 1 or 2 lobbyists on staff, ready to go

11. Everyone Should Have A License

A proposal earlier this year to make all media outlets in Canada have a license. The Government backtracked a bit when there was a public backlash.

Of course, it must be asked: where did this idea come from? Was it some bureaucrat with the CRTC? Was it Facebook and Google? Was it some other group who wants to shut down free speech?

12. Big Tech Collusion On “Pandemic”

This was addressed in another article, but it seems that social media companies are fully on board with promoting the vaccine agenda, and stamping out “misinformation” of their platforms.

13. This Doesn’t Look Like Arms Length

There is little real separation here. Lobbyists are paid to influence politicians on a variety of issues, including media, free speech, taxation, and vaccines. As such, the interests of the public are given little, if any, real consideration.

One last point: this isn’t just a Liberal problem. Crestview Strategy, and similar groups, have ties to many political parties, including the Conservative Party of Canada.

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Bank Of Canada & Other Central Banks Promoting Climate Change Scam

Various central banks around the world — including the Bank of Canada — have fully embraced the climate change scam. They promote “green finance” as a way to enact larger social change.

1. BoC Fully Supports The GREAT RESET


https://twitter.com/bankofcanada/status/1296788907724623873

bank.of.canada.great.reset.agenda

The pandemic, central banks and climate change
• COVID-19 is a shock and an opportunity
• Pivot to a greener, smarter economy?
• Focus here on climate-related issues
• Our contributions to scenario analysis
• To start: how we view climate change risk

For those who are unfamiliar, the GREAT RESET is a plan hatched a long time ago, which involved using this “pandemic” as an excuse to bring about larger social change. Check out the previous piece on the World Economic Forum.

2. BoC Calls Climate Change A “Vulnerability”

Climate change creates important physical risks both in Canada and globally. According to the Intergovernmental Panel on Climate Change, the average world temperature in 2017 was around 1°C higher than pre-industrial levels and is projected to rise by 0.2°C per decade. One consequence is an increase in extreme weather events such as flooding, hurricanes and severe droughts. Insured damage to property and infrastructure in Canada averaged about $1.7 billion per year from 2008 to 2017, up from $200 million per year from 1983 to 1992. Canada is particularly affected—it is estimated to be warming significantly faster than the rest of the world.27

The move to a low-carbon economy involves complex structural adjustments, creating new opportunities as well as transition risk. Investor and consumer preferences are shifting toward lower-carbon sources and production processes, suggesting that the move to a low-carbon economy is underway. Transition costs will be felt most in carbon-intensive sectors, such as the oil and gas sector. If some fossil fuel reserves remain unexploited, assets in this sector may become stranded, losing much of their value. At the same time, other sectors such as green technology and alternative energy will likely benefit.

Both physical and transition risks are likely to have broad impacts on the economy. Moving labour and capital toward less carbon-intensive sectors is costly and takes time. Global trade patterns may also shift as production costs and the value of resources change. The necessary adjustments are complex and pervasive and might lead to increased risk for the financial system. In addition to insurance companies, many other parts of the financial system are exposed to risks from climate change. Banks have loans to carbon-intensive sectors as well as to connected sectors—for example, those upstream or downstream in supply chains. Asset managers hold carbon-intensive assets in and outside Canada. The Government of Canada’s Expert Panel on Sustainable Finance is studying these issues.

(From part 5), the Bank of Canada has written off the oil & gas sector, and others, in favour of “transitioning to a low carbon economy”. It would be nice for those people in Alberta, BC and Saskatchewan to have been made aware of this. It’s not like their communities will be gutted.

3. BoC & “Greening Financial System”

In response, central banks are stepping up efforts to assess climate-related risks. The current suite of central bank economic models, however, do not incorporate climate-change effects. Uncertainty over future developments related to climate change also makes assessing these risks challenging. These developments include policy developments, technological developments and changes in the natural environment.

Some central banks and private financial institutions are developing tools to carry out climate-related scenario analysis. Scenario analysis examines different plausible future states of the world. It forecasts a set of situations that could happen rather than predicts what will happen. It can help users evaluate a range of hypothetical outcomes based on different assumptions of what may occur. Scenario analysis is particularly useful for climate change, where the evolution of key variables is uncertain. To be the most useful, these scenarios should be extreme yet plausible. This will give a sense of the full range of possible risks.

Rather than focusing on monetary policy, which is its mandate, the Bank of Canada has decided to wade into the climate change agenda. The BoC alleges that climate change is directly tied to the financial health of the country.

4. Initiative Launched December 2017

The Network of Central Banks and Supervisors for Greening the Financial System (NGFS), was launched on December 12, 2017. It started off with 8 central banks, but has grown exponentially since. Many more, including the Bank of Canada, are now part of this group.

5. Central Banks “Greening Financial System”

founding.members.greening.of.financial.system

Joint statement by the Founding Members of the Central Banks and Supervisors Network for Greening the Financial System

Financing the transition to a green and low carbon economy consistent with the ‘well below 2°celsius’ goal set out in the Paris agreement and promoting environmental sustainable growth are among the major challenges of our time. In the process of responding to environmental and climate challenges, there are both opportunities and vulnerabilities for financial institutions and the financial system as a whole.

Post Paris, official sector and private-led initiatives have accelerated the awareness of climate related financial risks and the scaling up of green financing. The G20 Green Finance Study Group and the FSB Task Force on Climate-Related Financial Disclosures also recommended steps towards encouraging financial institutions to conduct environmental risk analysis and to improve environment- and climate-related information disclosure. We are very pleased to announce today that eight central banks and supervisors decided to collectively commit to establish a Network of Central Banks and Supervisors for Greening the Financial System. The Network will help to strengthen the global response required to meet the goals of the Paris agreement and to enhance the role of the financial system to manage risks and to mobilize capital for green and low-carbon investments in the broader context of environmentally sustainable development.

This group was started by the central banks of 8 countries. It has since grown to encompass many more. People should be skeptical that organizations involved in the monetary system are getting involved in the climate change industry.

6. NGFS Scaling Up “Green Finance”

This section provides an overview of the workstream’s mandate.
The workstream on scaling up green finance is structured around 3 main topics:

1) Promoting the adoption of sustainable and responsible principles in central banks’ investment approaches
2) Understanding and monitoring the market dynamics of green finance
3) Providing a joint central banks’ view on the various challenges climate change raises for the conduct of monetary policy

7. Mark Carney, Former Bank Of Canada Head

Mark Carney used to be the Head of the Bank of Canada, and later headed the Bank of England. Anyway, this man is now in charge of “UN Climate Finance”, and openly threatens to bankrupt companies who don’t play ball with the climate change scam. It used to be that gangsters would burn down your business if you didn’t pay. Now, they just pass laws to make it impossible to operate.

8. BoC Pushing Digital Currency

https://twitter.com/bankofcanada/status/1276160904456003584

You know all that hype about the Bank of Canada looking to push some form of digital currency to replace money? Well yes, they are actually looking into it.

9. Should Banks Push Climate Agenda?

Banks, like any institution, should stick to their assigned role and not meddle elsewhere. Why stray so far into unrelated areas? It’s because they have an agenda, and are just using the financial sector as a means and excuse of implementing that agenda.

(1) https://www.bankofcanada.ca/2020/08/the-great-reset/?utm_source=twitter&utm_medium=social&utm_campaign=SPPB200820
(2) bank.of.canada.great.reset.agenda
(3) https://archive.is/129UE
(4) https://www.bankofcanada.ca/2020/05/staff-discussion-paper-2020-3/
(5) https://archive.is/GP1d5
(6) https://www.bankofcanada.ca/2019/05/financial-system-review-2019/?#Vulnerability-5-Climate-change
(7) https://archive.is/Ji1bg
(8) https://www.bankofcanada.ca/2020/06/bank-canada-contributes-new-publications-network-greening-financial-system/
(9) https://archive.is/uCN97
(10) https://www.ngfs.net/en
(11) https://archive.is/8wUbJ
(12) ttps://www.banque-france.fr/en/communique-de-presse/joint-statement-founding-members-central-banks-and-supervisors-network-greening-financial-system-one
(13) founding.members.greening.of.financial.system
(14) https://archive.is/o1PaR
(15) https://www.ngfs.net/en/about-us/governance/workstream-scaling-green-finance
(16) https://archive.is/cYahU
(17) https://www.ngfs.net/sites/default/files/medias/documents/ngfs-a-sustainable-and-responsible-investment-guide.pdf
(18) ngfs-a-sustainable-and-responsible-investment-guide
(19) https://www.bankofcanada.ca/2020/06/staff-analytical-note-2020-10/?utm_source=twitter&utm_medium=social&utm_campaign=SANH200624
(20) https://archive.is/0EeTp

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Some Standards And Tests Courts Apply In Cases

In case you ever want to take the Government to court, or are just morbidly curious about how things work. Here are some standards that get applied in actual cases.

https://www.canlii.org/

1. Legal Process In Canada

For more information in various processes, check out this series. Some useful tidbits for the average person.

2. Standard For Review (Appeals)

The standard of review for findings of fact is such that they cannot be reversed unless the trial judge has made a “palpable and overriding error”. The same degree of deference must be paid to inferences of fact, since many of the reasons for showing deference to the factual findings of the trial judge apply equally to all factual conclusions. The standard of review for inferences of fact is not to verify that the inference can reasonably be supported by the findings of fact of the trial judge, but whether the trial judge made a palpable and overriding error in coming to a factual conclusion based on accepted facts, a stricter standard. Making a factual conclusion of any kind is inextricably linked with assigning weight to evidence, and thus attracts a deferential standard of review. If there is no palpable and overriding error with respect to the underlying facts that the trial judge relies on to draw the inference, then it is only where the inference‑drawing process itself is palpably in error that an appellate court can interfere with the factual conclusion.

Questions of mixed fact and law involve the application of a legal standard to a set of facts. Where the question of mixed fact and law at issue is a finding of negligence, it should be deferred to by appellate courts, in the absence of a legal or palpable and overriding error. Requiring a standard of “palpable and overriding error” for findings of negligence made by either a trial judge or a jury reinforces the proper relationship between the appellate and trial court levels and accords with the established standard of review applicable to a finding of negligence by a jury. Where the issue on appeal involves the trial judge’s interpretation of the evidence as a whole, it should not be overturned absent palpable and overriding error. A determination of whether or not the standard of care was met by the defendant involves the application of a legal standard to a set of facts, a question of mixed fact and law, and is thus subject to a standard of palpable and overriding error, unless it is clear that the trial judge made some extricable error in principle with respect to the characterization of the standard or its application, in which case the error may amount to an error of law, subject to a standard of correctness.

FACTUAL FINDINGS: Overriding, palpable errors
ERRORS IN LAW: Standard of correctness

PRINCIPLES INVOLVED:
(1) Limiting the Number, Length and Cost of Appeals
(2) Promoting the Autonomy and Integrity of Trial Proceedings
(3) Recognizing the Expertise of the Trial Judge and His or Her Advantageous Position

Housen v. Nikolaisen, 2002 SCC 33 (CanLII), [2002] 2 SCR 235
https://www.canlii.org/en/ca/scc/doc/2002/2002scc33/2002scc33.html</a5

3. Test For Gross Negligence

Per the Chief Justice: Comment as to attempting to define or replace by paraphrases the phrases “gross negligence” or “wilful and wanton misconduct”, and observations as to a trial judge’s duty in assisting a jury in an action based upon said enactment. The said phrases imply conduct in which, if there is not conscious wrong doing, there is a very marked departure from the standards by which responsible and competent people in charge of motor cars habitually govern themselves. Subject to that, it is entirely a question of fact for the jury whether conduct falls within the category of one or other of said phrases.

That case was about a motor vehicle accident, but the same principles should apply elsewhere.

McCulloch v. Murray, 1942 CanLII 44 (SCC), [1942] SCR 141
https://www.canlii.org/en/ca/scc/doc/1942/1942canlii44/1942canlii44.html

4. Gross Negligence Through Willful Blindness

[6] With respect, I think the judge failed to consider the concept of gross negligence that may result from the wrongdoer’s willful blindness. Even a wrongful intent, which often takes the form of knowledge of one or more of the ingredients of the alleged act, may be established through proof of willful blindness. In such cases the wrongdoer, while he may not have actual knowledge of the alleged ingredient, will be deemed to have that knowledge.

[8] In this case there is nothing like that. On the contrary, there are misrepresentations and payment of rebates. Before cashing the refund cheques, the respondents were either made aware of the misrepresentations or had strong suspicions as to the existence of misrepresentations or the legitimacy of the refunds themselves. By cashing the refunds and paying rebates, the respondents acquiesced and participated in the scheme that had been established to defraud the Agency. Their participation, which was free and voluntary, was an essential link in the realization of that scheme and they benefited economically from it. It is simply impossible not to conclude that this was willful blindness and consequently gross negligence.

This involved a rebate scheme that people had to know was fraudulent. Consequently, their willful blindness amouinted to gross negligence, according to the Federal Court of Appeal.

Canada (Attorney General) v. Villeneuve, 2004 FCA 20 (CanLII)
https://www.canlii.org/en/ca/fca/doc/2004/2004fca20/2004fca20.html

5. Test To Obtain Interlocutory Injunction

There are three aspects to the test, all of which must be satisfied before interlocutory (temporary) injunctive relief can issue. An applicant must demonstrate:
(a) First, that there is a serious constitutional question to be tried;
(b) Second, that the applicant will suffer irreparable harm if the injunction is not granted; and
(c) third, that the balance of convenience favours the injunction

[1] Manitoba (Attorney General) v Metropolitan Stores Ltd. 1987 CanLII 79 (SCC), [1987] 1 SCR 110
https://www.canlii.org/en/ca/scc/doc/1987/1987canlii79/1987canlii79.html

[2] RJR-MacDonald Inc. v. Canada (Attorney General) 1994 CanLII 117 (SCC), [1994] 1 SCR 311
https://www.canlii.org/en/ca/scc/doc/1995/1995canlii64/1995canlii64.html

[3] Harper v. Canada (Attorney General) 2000 SCC 57 (CanLII), [2000] 2 SCR 764
https://www.canlii.org/en/ca/scc/doc/2000/2000scc57/2000scc57.html

6. Test For Public Interest Standing

In order for a party to bring a case claiming “public interest standing”, there are a few questions that have to be answered. This is so they limit their time to important matters:
(a) Serious Justiciable Issue
(b) The Nature of the Plaintiff’s Interest
(c) Reasonable and Effective Means of Bringing the Issue Before the Court

Canada (Attorney General) v. Downtown Eastside Sex Workers United Against Violence Society, 2012 SCC 45 (CanLII), [2012] 2 SCR 524
https://www.canlii.org/en/ca/scc/doc/2012/2012scc45/2012scc45.html

(alternatively) …..

(a) whether there is a serious justiciable issue raised by the claim;
(b) whether the plaintiff is directly affected by the proposed action or, if not, has a genuine interest in its outcome; and
(c) whether the action is a reasonable and effective means to bring the claim to court

Canada (Minister of Justice) v. Borowski, 1981 CanLII 34 (SCC), [1981] 2 S.C.R. 575
https://www.canlii.org/en/ca/scc/doc/1981/1981canlii34/1981canlii34.html

7. Test For Striking Out Pleadings

On a motion to strike, a claim will only be struck if it is plain and obvious, assuming the facts pleaded to be true, that the pleading discloses no reasonable cause of action. The approach must be generous, and err on the side of permitting a novel but arguable claim to proceed to trial. However, the judge cannot consider what evidence adduced in the future might or might not show.

A. The Test for Striking Out Claims
.
[17] The parties agree on the test applicable on a motion to strike for not disclosing a reasonable cause of action under r. 19(24)(a) of the B.C. Supreme Court Rules. This Court has reiterated the test on many occasions. A claim will only be struck if it is plain and obvious, assuming the facts pleaded to be true, that the pleading discloses no reasonable cause of action: Odhavji Estate v. Woodhouse, 2003 SCC 69, [2003] 3 S.C.R. 263, at para. 15; Hunt v. Carey Canada Inc., 1990 CanLII 90 (SCC), [1990] 2 S.C.R. 959, at p. 980. Another way of putting the test is that the claim has no reasonable prospect of success. Where a reasonable prospect of success exists, the matter should be allowed to proceed to trial: see, generally, Syl Apps Secure Treatment Centre v. B.D., 2007 SCC 38, [2007] 3 S.C.R. 83; Odhavji Estate; Hunt; Attorney General of Canada v. Inuit Tapirisat of Canada, 1980 CanLII 21 (SCC), [1980] 2 S.C.R. 735.

R. v. Imperial Tobacco Canada Ltd., 2011 SCC 42 (CanLII), [2011] 3 SCR 45
https://www.canlii.org/en/ca/scc/doc/2011/2011scc42/2011scc42.html

8. Self Represented Litigants/Accused People

In 2017, the Supreme Court of Canada entrenched rights and protections of self represented litigants and accused persons into law. In the ruling they endorsed the Statement of Principles on Self-represented Litigants and Accused Persons (2006) (online) established by the Canadian Judicial Council. Now, while it’s nice to have that extra protection, it won’t help a person if they truly have no case.

9. All You Need To Know?

No, of course not. But the following should at least be useful information in determining your options and next move.

https://www.canlii.org/

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UN Global Internet Governance Forum, Meeting Since 2006

Getting your own politicians to protect free speech is difficult enough. How does it work when the rules are being drafted by unelected officials in other countries?

1. Important Developments On Free Speech

There is already a lot of information on the free speech series on the site. Free speech, while an important topic, doesn’t stand on its own, and is typically intertwined with other categories. For background information for this, please visit: Digital Cooperation; ex-Liberal Candidate Richard Lee; the Digital Charter, big tech collusion in coronavirus, and Dominic LeBlanc’s proposal.

IF you think that Canadian laws don’t do enough to protect free speech in general, or online free speech more specifically, just wait until it is regulated globally.

2. IGF Meetings Held Since 2006

2006: Athens, Greece, https://archive.is/g2NnZ
2007: Rio de Janeiro, Brazil, https://archive.is/uiFsE
2008: Hyderabad, India, https://archive.is/6rV0k
2009: Sharm El Sheikh, Egypt, https://archive.is/dS2SO
2010: Vilnius, Lithuania, https://archive.is/uzC3U
2011: Nairobi, Kenya, https://archive.is/Dl71r
2012: Baku, Azerbaijan, https://archive.is/XUDaX
2013: Bali, Indonesia, https://archive.is/wksxQ
2014: Istanbul, Turkey, https://archive.is/XKnUe
2015: João Pessoa, Brazil, https://archive.is/1CiSE
2016: Jalisco, Mexico, https://archive.is/Rkazl
2017: Geneva, Switzerland, https://archive.is/mtw6w
2018: Paris, France, https://archive.is/zEsjK
2019: Berlin, Germany, https://archive.is/KGwzo

3. Important Issues Global IGF Discusses

What Key Issues are discussed at the IGF?
As an example, key issues discussed at the 12th meeting of the IGF in 2017 include:
.
– The impact of modern technologies on industry, society, and the economy;
– Multistakeholderism and Multilateralism and the setting of global norms;
– The new digital economy & sustainable development — providing opportunities or deepening divides?
– The role of government in policy making in the digital age;
– The emergence of a global, Internet society;
– Cybersecurity and cyber-threats;
– Artificial intelligence (AI);
– Critical Internet resources;
– Blockchains and bitcoins;
– Fake news;
– Access, inclusion and diversity;
– The pressing need for security in the Internet of Things;
– Digital divides;

https://www.intgovforum.org/multilingual/content/about-igf-faqs

Advocates of strong free speech laws will notice (in particular) the topics of the role of government, and fake news. Makes one wonder if various Heads of State will decide what is real news and what is fake.

4. Who Funds Global IGF?

How is the global Internet Governance Forum funded?
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The Internet Governance Forum (IGF) Secretariat – based in Geneva, is sustained financially through the extra-budgetary Trust Fund Account managed by United Nations Department of Economic and Social Affairs (UN DESA). The nature of the IGF Trust Fund is such that it is voluntary and multi-donor driven, with varying contributions from Governments and non-governmental organisations from the technical community, the private sector and the civil society. The IGF Trust Fund covers the administrative and operational costs of the IGF Secretariat including personnel, fellowships, and meeting costs (venues, interpretation, logistical costs, etc.); and funds the travel costs of MAG Members from developing countries. More details about the list of donors and funds received are available online. The Trust Fund also provides support to various intersessional activities, inter alia Best Practice Forums, major policy initiatives such as Connecting and Enabling the Next Billion(s), etc.

Each year, the organizational and conference cost of the annual meeting of the Internet Governance Forum is provided for by the Government of the host country, administered through a Host Country Agreement signed between the Government and the UN Department of Economic and Social Affairs.

https://www.intgovforum.org/multilingual/content/about-igf-faqs

Donors to the Trust Fund (highest to lowest)

  • Government of Finland
  • Government of Germany
  • European Commission
  • Internet Corporation for Assigned Names and Numbers (ICANN)
  • The Internet Society (ISOC)
  • Number Resource Organization (NRO)
  • Government of the Netherlands
  • Government of Switzerland
  • Government of the United States
  • Government of the United Kingdom
  • Government of Japan
  • Nominet UK
  • Tides Foundation
  • Verizon
  • IGFSA
  • Brazilian Internet Steering Committee
  • AT&T
  • China Energy Fund Committee
  • Verisign
  • Afilias Global Registry Services
  • Facebook
  • Government of Portugal – Fundacao Para a Ciencia e a Tecnologia
  • Microsoft Corporation
  • Siemens Aktiengesellschaft – Communications / Nokia Siemens Networks
  • Google
  • Government of Norway
  • Government of Sweden
  • Amazon
  • UNINETT Norid
  • The Swiss Education & Research Network (SWITCH)
  • The Walt Disney Company
  • European Registry for Internet domains
  • CISCO
  • auDA Australia’s Domain Name Administrator
  • International Chamber of Commerce (ICC) – Business Action to Support the Information Society (BASIS)
  • Coordination Center for TLD
  • Danish Internet Forum
  • Politecnico di Torino
  • Community DNS
  • Government of the Republic of Korea
  • European Telecommunication Network Operators’ Association
  • MCADE, LLC
  • NIC-MEXICO
  • Nic.at The Austrian Registry
  • Summit Strategies International
  • NIKKEI DigitalCORE
  • Ribose Inc.

In addition to the funding of various governments, the following names should be familiar to almost everyone: Google, Facebook, Microsoft, Disney, Amazon, AT&T, Verizon, and the Soros-funded Tides Foundation.

5. IGF And UNSG Panel On Digital Cooperation

>> FABRIZIO HOCHSCHILD: Excellencies, ladies and gentlemen, dear friends and colleagues. We’re having this conversation under unusual circumstances at a pivotal moment in history.

In a world already fundamentally transformed by digital technologies, the onslaught of the COVID-19 pandemic and the need for social distancing have propelled the adoption of information and communications technologies and transformed the bedrock of humanity’s means of survival and prosperity: communication. To cooperate, we must communicate, and to communicate nowadays, we must use digital means. This is an important time for Internet governance.

COVID-19 has raised the stakes for global digital cooperation. Over the last few months, my office, in partnership with the international telecommunications unit, organized a series of webinars on digital cooperation in times of COVID-19 and beyond. These discussions considered challenges when urgent cooperation is required, such as with regard to the ongoing deficit in connectivity, with regard to human rights challenges and trust and security issues.

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Health systems today don’t just have to treat the sick. They also have to deal with cyber attacks and the spread of dangerous, life-threatening misinformation.

In follow-up to the Secretary-General’s call for a global cease far, I also called for a digital cease fire. Global cooperation is necessary if we wish to overcome the pandemic without drastically compromising values like privacy and freedom of speech.

A few days ago, the Secretary-General presented his roadmap for digital cooperation which sets forth his vision for how the international community should engage on these and other key digital issues outlined in the report of the High-Level Panel on Digital Cooperation. The roadmap describes a range of actions for all stakeholders from the United Nations system to member states, the private sector, civil society organizations, and the technical community. The United Nations, including the IGF, the Internet Governance Forum, can truly serve as a platform for informed discussion and evidence-based decisions and practices.

The High-level Panel had noted, and I quote, “a great deal of dissatisfaction with existing digital cooperation arrangements, a desire for more tangible outcomes, more active and diverse participation by governments and the private sector, and more inclusive processes and better follow-up,” end of quote.

The IGF should be retooled to become more responsive and relevant to current digital issues. We must ensure that the IGF is a forum that governments value and want to attend while preserving the important space it represents for other stakeholder engagement.

The IGF’s coordinating and strategic role needs to be further strengthened. The roadmap includes a series of suggestions to further enhance the IGF, such as by improving fundraising, inclusion, and outcomes. I hope you will all be engaged in the follow-up of the action areas highlighted in the Secretary-General’s roadmap, and I hope you will all share your views specifically on how the IGF can be made even more responsive to the evolving challenges of digital cooperation.

Thank you for your engagement and support of the IGF and digital cooperation. We welcome and we need your ideas, your proposals, and your continued enthusiasm and support.
Thank you.

Don’t worry. It’s not like this will lead to a global body deciding what can or can’t be talked about or shared on the internet. This will absolutely never be abused.

6. Global Digital Cooperation Frameworks

The Global Internet Governance Forum goes on to propose several different ways that “digital cooperation” could be implemented on a world-wide scale. But don’t worry. It’s all just discussion, and nothing that gets suggested will ever become legally binding.

7. Canadian Internet Governance Forum

Save the date: The virtual Canadian IGF will be Nov. 24 and Nov. 25, 2020.
The Canadian Internet Governance Forum (IGF) is Canada’s leading multi-stakeholder forum on digital and internet policy issues.
.
The inaugural event took place last year in Toronto and brought together over 200 representatives from government, civil society, and the private sector to tackle pressing public policy issues facing the internet.
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The Canadian IGF is a national initiative of the global United-Nations-convened Internet Governance Forum, which holds annual meetings at different locations around the world. The Canadian IGF will produce a report detailing the unique, regional priorities facing Canadian stakeholders in attendance. This report will then be fed into the global IGF.

2019.canadian.internet.governance.forum

This isn’t just some abstract UN group far off. There exists a Canadian branch of the Internet Governance Forum, and its agenda is pretty much what one would expect.

Throughout the discussions, several common themes emerged across subject areas. These
included trends towards increased regulation; the necessity for plain language content; and,
the need for education and digital literacy. For stakeholders engaging in Internet governance
domestically and abroad, priorities going forward include the need for:
• A transnational, multistakeholder approach to internet governance.
• Awareness of/education on the issues, and how users can participate in discussions
related to internet governance.
• Solutions developed by any stakeholder group that are thoughtful, evidence-based, and
proportionate.
• Transparency from both governments and businesses in order to promote public trust
and build the capacity of users.

These priorities are elaborated in the conclusion of this report.

That is from page 5 on the report. They explicitly state that they view internet regulation as a global concept.

Key Issues
• Fake news and misinformation.
• Hateful online speech.
• Global and domestic threats.
• Data security

Discussion Overview
The panel’s discussion surrounded three main topics: 1) While foreign actors are a threat, domestic actors are an equal or higher risk when it comes to the dissemination of fake news and the proliferation of hateful speech online. Social media platforms also have to balance discouraging fake news, while ensuring they are not censoring a legitimate group; 2) Political actors are increasingly using social media platforms as a tool to get messages out; and 3) In the aftermath of Cambridge Analytica, academics have seen social media platforms reduce their access to datasets to study the fake news problem.

A recent report on Canadians’ use of social media shows that 94% of internet users here in this country have at least one social media account. The exposure to potential misinformation and disinformation campaigns is enormous.

Both technological and policy-based solutions are needed to confront the fake news problem. Facebook, for instance, has a three-pronged strategy focusing on people, technology and, increasingly, partnerships. Facebook has gone from 10,000 to 30,000 people dedicated to working on this challenge. In Q2 and Q3 of last year, Facebook removed approximately 1.5 billion fake accounts. The development of digital literacy skills is required to help users discern between real and fake news. The need for civility among users was also stressed. Canada must decide on its approach to fake news and newer technology, generally. Do we want to follow the lead of the United States or Europe?

A void has been created in the news world because traditional journalism is fading quickly. Social media platforms have become a new distribution channel for news. Panelists disagreed on whether the problem can be solved through technology or if it is more deeply rooted in human causes for which technology has no response

2019.canadian.internet.governance.forum

From pages 18/19 in the report: it seems that outlets like Facebook have taken it upon themselves to determine what accounts are fake, and what counts as fake news.

The authors of this report, (and of IGF more broadly), keep referring to “international stakeholders”. It seems to imply that other parties should have some say over free speech on the internet, instead of Canadians themselves.

8. Canada Gov’t Bought Off Media (2018)

It’s interesting that the report talks about the decline of traditional media (which is true), but omits the tax-payer funded bailout that the Canadian Government gave. In effect, old-stock media in Canada is now subsidized even more so. Even without the IGF, the media is already pretty corrupt.

9. UNESCO Campaign Against Mis-Information

This was covered a few months ago, but UNESCO has been embarking on a serious campaign against what it calls “misinformation”. UNESCO reminds people to only trust official sources for information on coronavirus.

10. UN Wants Internet Ruled By International Law

Tremendous progress has been made internationally in accepting that international law and the UN Charter apply in cyberspace. He urged the private sector to be involved in countering the number of malevolent tools being deployed in cyberspace, especially in developing more secure software.

Combating Fake News and Dangerous Content in the Digital Age
.
The consensus from the session on Fake News was that part of the complexity to tackle disinformation was the challenge to define it. From election interference to stoking up hate or increase religious hatred, there are also other multilayered levels such as spam, and misleading types of content like opinion pieces masking as objective journalism.

Irene Poetrant, Senior Researcher for Citizen Lab of University of Toronto agreed, saying definitions matter and in order to maintain an open and democratic system, it is important for government, private sector, civil society and institutions to work together, and that fake news is not just a problem of the west but a global problem.

“Misinformation is the antithesis of Google’s mission”, said Jake Lucchi, Head of Online Safety and Social Impact. Partnering with journalists, governments, and third parties, they try to find product solutions to identify misinformation and find ways to surface authoritative content. “Young people need to have critical thinking and skills to be able to navigate the internet and check our sources.” Improved algorithms and having policies in place to prohibit hate speech are also key – providers have to ensure misinformation are not allowed on their platforms.

That page is from the November 2018 meeting is Paris. While it sounds benevolent on the surface, who exactly will be the arbitrator of what is “fake news”? Remember, UNESCO (as an example), repeatedly says that only official sources can be trusted. This comes in spite of a wealth of information that CONTRADICTS those narratives. This raises the question of can valid media be shut down if factual reporting is tagged as “misinformation”?

11. Digital Charter Long In The Making

Think that the “Digital Charter” was an idea suddenly concocted? It wasn’t. The UN Digital Cooperation Panel was launched in the Summer of 2018. When the New Zealand shooting happened in March 2019, the stage had already been set.

In a similar vein, the mass shooting in Nova Scotia appears to be a pretext for the Federal Government imposing a mass gun grab.

12. Calls To Expand Digital Cooperation

11 June 2020 – New York
United Nations Secretary-General António Guterres presented today a set of recommended actions for the international community to help ensure all people are connected, respected, and protected in the digital age. The Secretary-General’s Roadmap for Digital Cooperation is the result of a multi-year, multi-stakeholder, global effort to address a range of issues related to the Internet, artificial intelligence, and other digital technologies.

The Roadmap for Digital Cooperation comes at a critical inflection point for digital issues, with the COVID-19 pandemic accelerating digitization and magnifying both opportunities and challenges of digital technology.

digital.cooperation.roadmap.expand

But don’t worry. These resolutions and agreements won’t ever become legally binding, or anything like that. These are just ideas being thrown around.

Posted on

CV #63: Were Products Descriptions Changed, Or Were CV Supplies Ordered Years Ago?

https://wits.worldbank.org/
The World Integrated Trade Solution is a partnership between several groups, including: International Trade Center; UN Conference on Trade and Development; UN Statistical Commission; World Trade Organization; and World Bank. The (apparent) ordering of Covid-19 medical supplies in 2017-2019 raised a lot of attention.

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 example: 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. The International Health Regulations (IHR), that the WHO imposes are legally binding on all members.

2. Changes In Product/Numbering System?

This article will specifically address 4 product codes that are in the WITS system as being coronavirus supplies. However, looking at the description, they appear to have general medical, scientific use.

300215 – CV test kits
COVID-19 Test kits (300215) imports by country in 2019
Additional Product information: Diagnostic reagents based on immunological reactions
Category: COVID-19 Test kits/ Instruments, apparatus used in Diagnostic Testing
Link To WITS Description

382100 – CV viral swab and kits
Swab and Viral transport medium set (382100) exports by country in 2018
Additional Product information: A vial containing a culture media for the maintenance of a viral sample and a cotton tipped swab to collect the sample put up together
Category: COVID-19 Test kits/ Instruments, apparatus used in Diagnostic Testing
Link to WITS Description

382200 – CV test kits
COVID-19 Test kits (382200) imports by country in 2019
Additional Product information: Diagnostic reagents based on polymerase chain reaction (PCR) nucleic acid test.
Category: COVID-19 Test kits/ Instruments, apparatus used in Diagnostic Testing
Link To WITS Description

902780 – CV diagnostic kits
COVID-19 Diagnostic Test instruments and apparatus (902780) imports by country in 2018
Additional Product information: Instruments used in clinical laboratories for In Vitro Diagnosis. Colorimetric end tidal CO2 detector, sizes compatible with child and adult endotracheal tube. Single use.
Category: COVID-19 Test kits/ Instruments, apparatus used in Diagnostic Testing
Link to WITS Description

3. Canadian Imports Database

https://www.ic.gc.ca/eic/site/cid-dic.nsf/eng/home

The Canadian Imports website lists the above items as generic medical imports. It’s possible that these were just normal imports, and that the codes have been re-labelled to be CV equipment.

4. Harmonized System Codes (Foreign Trade)

https://www.foreign-trade.com/reference/hscode.htm

The Harmonized System of coding results in much the same naming system as the Canadian Imports site.

5. About World Integrated Trade Solution

INTRODUCTION
The World Bank — in collaboration with the United Nations Conference on Trade and Development (UNCTAD) and in consultation with organizations such as International Trade Center, United Nations Statistical Division (UNSD) and the World Trade Organization (WTO) — developed the World Integrated Trade Solution (WITS). This software allows users to access and retrieve information on trade and tariffs. Below is list of international organizations that compile this data:

The UNSD Commodity Trade (UN Comtrade) (UN Comtrade) database contains merchandise trade exports and imports by detailed commodity and partner country data. Values are recorded in U,S. dollars, along with a variety of quantity measures. The database includes information on more than 170 countries, and features statistics that have been reported to the United Nations since 1962. These statistics and data continue to be recorded according to internationally recognized trade and tariff classifications.

The UNCTAD Trade Analysis Information System (TRAINS) contains information on tariffs and non-tariff measures for more than 160 countries. The data on tariffs and non-tariff measures are recorded at the most detailed Commodity Description and Coding System (HS), at the National Tariff Line Level. Tariff information contains not only applied MFN tariff rates, but also to the extent possible, various preferential regimes including the Generalized System of Preferences (GSP), Regional Trade Agreements (RTAs) and other Preferential Trade Agreements (PTAs) rates including bilateral trade agreement tariff rates.

The WTO’s Integrated Data Base (IDB) contains imports by commodity and partner countries and Most Favored Nation (MFN) applied and, where available, data on preferential tariffs at the most detailed commodity level of the national tariffs. The Consolidated Tariff Schedule Data Base (CTS) contains WTO-bound tariffs, Initial Negotiating Rights and other indicators. The CTS reflects the concessions made by countries during goods negotiations (e.g., the Uruguay Round of Multilateral Trade Negotiations). The IDB and CTS are practical working tools and there are no implications as to the legal status of the information contained therein.

The World Bank and the Center for International Business, Tuck School of Business at Dartmouth College Global Preferential Trade Agreements Database provide information on preferential trade agreements (PTAs) around the world, including agreements that have not yet been notified to the World Trade Organization. This resource helps trade policy makers, research analysts, the academia, trade professionals and other individuals better understand and navigate the world of PTAs.

WITS lists as its partners:

  • International Trade Center
  • UN Conference on Trade and Development
  • UN Statistical Commission
  • World Trade Organization
  • World Bank

What this amounts to is a system to track international trade of products and goods, and the tariffs that have been imposed on them.

6. UN Describes WITS As “Software”

Use UN Comtrade via World Integrated Trade
Solution (WITS)
The World Integrated Trade Solution (WITS) is software developed by the World Bank, in close collaboration with United Nations Conference on Trade and Development (UNCTAD), International Trade Center (ITC), United Nations Statistical Division (UNSD) and World Trade Organization (WTO).
.
WITS was a free software which allows you to access the major trade and tariff data compilations, inclulding the UN Comtrade database maintained by UNSD. You can obtain access to UN Comtrade data in WITS once you have obtained a subscription to UN Comtrade.
.
WITS is now fully web based. No more installation required.
For subscriptions to UN Comtrade, please contact subscriptions@un.org or visit:
https://unp.un.org/Comtrade.aspx

Text Of Descriptor

WITS is just software that the World Bank and its partners came up with in order to facilitate and aid international trade, and tariffs.

7. UN Conference On Trade & Development

https://unctad.org/en/Pages/DITC/Trade-Analysis/Non-Tariff-Measures/NTMs-WITS.aspx

The UNCTAD also describes WITS as a form of software designed to help organize and facilitate trade across national borders.

8. Shows Up In 2017-2019

Again, this could be the result of renumbering, or changing the names on existing codes. On the surface though, it looks like coronavirus supplies have been imported for years now.

Likely, it is just due to system changes, and that people (the author included), have been wondering over nothing.

While there are many reasons to go after government officials over this virus hoax, this isn’t one of them.