Category: Canada

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CCS #4: Saskatchewan COA, in 3-2 Ruling Allows Carbon Tax

(Court reference regarding Carbon tax in Saskatchewan)

(Saskatchewan Premier Scott Moe)

(Environment Minister Catherine McKenna)

1. Debunking The Climate Change Scam

CLICK HERE, for #1: major lies that the climate frauds tell.
CLICK HERE, for #2: text/review of the Paris Accord.
CLICK HERE, for #3: Bill C-97, GHG Pollution Pricing Act.

2. Important Links

SK COA Ruling On Carbon Tax
http://archive.is/tNe2k
Saskatchewan Court Of Appeal Reference Question
SKCA Attorney General Of Canada
SKCA Attorney General Of Ontario
SKCA Attorney General Of New Brunswick
SKCA Attorney General Of British Columbia
SKCA Canadian Taxpayers Association
SKCA David Suzuki Foundation
SKCA International Emissions Trading Association
SKCA United Conservative Association

CLICK HERE, for the Saskatchewan COA Reference.
CLICK HERE, for Saskatchewan Premier, Scott Moe.
CLICK HERE, for Environment Minister Catherine McKenna.
CLICK HERE, for the Paris Accord itself.

CLICK HERE, for Bjorn Lomborg, Copenhagen Consensus Center. (0.05 degrees)
CLICK HERE, for fact-checking Paris Accord. (0.20 degrees)
CLICK HERE, for limited temperature raises form 2 degrees to 1.5 (0.50).
CLICK HERE, for some skepticism.
CLICK HERE, for the Climate Change 2014 Synthesis Report Summary for Policymakers [Climate Change 2014], used by Sask COA.
CLICK HERE, for the UN Conference on Climate Change (2015).

3. Quotes From Majority Ruling

[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.

Okay, to start this off, Saskatchewan Premier Scott Moe doesn’t actually “challenge” any of the climate change alarmist claims that society depends on it. He doesn’t challenge any of the pseudo-science or the history of failed climate models. His only argument is that a Carbon tax is ineffective.

If you were expecting Premier Moe to examine or look into any of the “scientific” claims, he is not the man to do it.

[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 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.

So not only does the Saskatchewan Government accept that climate change is a threat to our existence, it doesn’t even ask the Court to consider if such a measure is fair or effective.

[16] ….(a) “Human influence on the climate system is clear, and recent anthropogenic emissions of greenhouse gases are the highest in history. Recent climate changes have had widespread impacts on human and natural systems” (at 2).
.
(b) “Warming of the climate system is unequivocal, and since the 1950s, many of the observed changes are unprecedented over decades to millennia. The atmosphere and ocean have warmed, the amounts of snow and ice have diminished, and sea level has risen” (at 2).
.
(c) “Anthropogenic greenhouse gas emissions have increased since the pre-industrial era, driven largely by economic and population growth, and are now higher than ever. This has led to atmospheric concentrations of carbon dioxide, methane and nitrous oxide that are unprecedented in at least the last 800,000 years. Their effects, together with those of other anthropogenic drivers, have been detected throughout the climate system and are extremely likely to have been the dominant cause of the observed warming since the mid-20th century” (emphasis in original, at 4).
.
(d) “Changes in many extreme weather and climate events have been observed since about 1950. Some of these changes have been linked to human influences, including a decrease in cold temperature extremes, an increase in warm temperature extremes, an increase in extreme high sea levels and an increase in the number of heavy precipitation events in a number of regions” (at 7).
.
(e) “Continued emission of greenhouse gases will cause further warming and long lasting changes in all components of the climate system, increasing the likelihood of severe, pervasive and irreversible impacts for people and ecosystems. Limiting climate change would require substantial and sustained reductions in greenhouse gas emissions which, together with adaptation, can limit climate change risks” (at 8).
.
(f) “Surface temperature is projected to rise over the 21st century under all assessed emission scenarios. It is very likely that heat waves will occur more often and last longer, and that extreme precipitation events will become more intense and frequent in many regions. The ocean will continue to warm and acidify, and global mean sea level to rise” (emphasis in original, at 10).
.
(g) “Climate change will amplify existing risks and create new risks for natural and human systems. Risks are unevenly distributed and are generally greater for disadvantaged people and communities in countries at all levels of development”
.
(h) “Without additional mitigation efforts beyond those in place today, and even with adaptation, warming by the end of the 21st century will lead to high to very high risk of severe, widespread and irreversible impacts globally (high confidence). …” (emphasis in original, at 17).
.
None of these conclusions were challenged or put in issue by the participants in this Reference

Source for claims. Read through it. Despite all of the dire warnings inside, there is little to actually justify any of it.

To repeat: NONE of these “facts” are disputed by the Saskatchewan Government or Premier Moe. The Government doesn’t dispute that the IPCC claims to know what happened 800,000 years ago. It doesn’t challenge any of the predictions (and computer models are just predictions). Instead, the case will boil down to technical arguments as to whether the Feds have the jurisdiction to impose the Carbon tax.

Saskatchewan concedes all of the “factual” arguments around climate change, and instead tries to make narrow legal arguments against it being imposed.

In fact, watching Premier Moe’s speech after the ruling, it is clear he believes that the climate change scam is legitimate. Rather, he argues that the Federally mandated Carbon tax is just an ineffective means of dealing with it.

While on a technical level, Saskatchewan does make interesting arguments about jurisdiction. However, it’s difficult to justify not jumping onboard when you have agreed that climate change threatens humanity

[7] The Constitution Act, 1867 distributes legislative authority between Parliament and the provincial legislatures. Broadly speaking, a statute is valid if its essential character falls within a subject matter allocated to the legislative body that put the statute in place. Neither level of government has exclusive authority over the environment. As a result, Parliament can legislate in relation to issues such as GHGs so long as it stays within the four corners of its prescribed subject matters and the provinces can do the same so long as they stay within their prescribed areas of authority.

[8] The Attorney General of Saskatchewan [Saskatchewan] challenges the Act by submitting it imposes taxes in the constitutional sense of the term. This would normally be legally unobjectionable because Parliament enjoys a broad taxing authority. However, Saskatchewan contends the Act is invalid because the Governor in Council determines the provinces where it operates. This is said to offend the principle of federalism in that the application of the Act depends on whether a province has exercised its own jurisdiction in relation to pricing GHG emissions to a standard considered appropriate by the Governor in Council. Saskatchewan also says the Act runs afoul of s. 53 of the Constitution Act, 1867. Section 53 requires, in effect, that taxes be authorized by legislative bodies themselves, not by executive government or otherwise.

[9] Saskatchewan’s arguments on this front cannot be accepted. The principle of federalism is not a free-standing concept that can override an otherwise validly enacted law. Rather, it is a value to be taken into account when interpreting the Constitution. The s. 53 argument cannot be sustained either because, in constitutional terms, the levies imposed by the Act are regulatory charges, not taxes. In any event, even if they were taxes, the Act does not offend s. 53. Parliament has clearly and expressly authorized the Governor in Council to decide where the Act will apply.

The layman’s explanation is not that the science is sound (it isn’t) nor that such a tax is fair or appropriate. Again, the Court is only considering whether Ottawa stepped over its bounds by encroaching on a Provincial matter. The majority (a 3-2 decision), says no it does not.

[29] The federal government released a document entitled Pan-Canadian Approach to Pricing Carbon Pollution on October 3, 2016. The approach outlined in the document was grounded both on the proposition that economy-wide carbon pricing was the most efficient way to reduce GHG emissions and a recognition that several jurisdictions including British Columbia, Ontario and Québec had already introduced carbon pricing regimes. The approach proposed by the government involved a pan-Canadian “benchmark” for carbon pricing. The benchmark involved a requirement that pricing regimes apply to essentially the same emission sources as British Columbia’s carbon tax. The required stringency of the benchmark, for an explicit price-based system, was that carbon pricing should start at a minimum of $10 per tonne in 2018 and rise by $10 per year to $50 per tonne in 2022. The provinces with cap-and-trade systems would have to ensure that emission reduction targets were in line with Canada’s overall reduction target. As well, the federal government’s approach was stated to involve a “backstop”. This was the idea that the federal government would introduce an explicit price-based carbon pricing system in jurisdictions that did not meet the benchmark.

Again, the Provinces are all on board with the global warming scam, but Ottawa decided to enact a pricing scheme on Provinces that would not enact their own.

And from Saskatchewan’s own submissions:

[33]We wholeheartedly support efforts to reduce greenhouse gases. But those efforts must be effective and they must not disadvantage one region of Canada more than another. A federal carbon tax is ineffective and will impair Saskatchewan’s ability to respond to climate change.

Our opposition to the federal government’s carbon tax should not be seen as reluctance to act. Rather, it is a recognition that we must act, and act decisively, with all our economic strength. For Saskatchewan, mitigation is not enough. Our agriculture and resource-rich province must also focus on climate adaptation and resilience in order to be effective.

This reads like a dog-and-pony show. The Saskatchewan Government at every turn admitting that “climate change” is a dire threat to the world. The complaint seems to be wanting to implement its own solution.

Is Scott Moe just going through the motions?

[51] Saskatchewan advances two main lines of argument in seeking to have the Act found unconstitutional. The first is that the principle of federalism prevents Parliament from enacting a statute applicable in only some provinces because of how those provinces have chosen to exercise their legislative authority. Saskatchewan’s second argument is that the Act imposes a tax and, because it allows the Governor in Council to decide where it applies, the Act offends the requirement in s. 53 of the Constitution Act, 1867 that bills imposing taxes must originate in the House of Commons. Saskatchewan goes on to deny that, as contended by Canada, the Act can be sustained under Parliament’s authority under the national concern branch of POGG. It also denies, as suggested by some intervenors, that the Act, or features of it, can be supported under Parliament’s authority in relation to trade and commerce, emergencies, criminal law or treaties.

Argument 1: can’t treat the Provinces differently.
Argument 2: Tax bills must come from House of Commons.

Let’s address those both.

[60] It is useful to begin by underlining that, as Saskatchewan concedes, there is no recognized constitutional requirement that laws enacted by Parliament must apply uniformly from coast to coast to coast. To the contrary, a number of decisions have upheld federal laws with uneven geographic application.

[68] Saskatchewan has referred to no judicial authority which in any way directly supports the idea that the principle of federalism can or should independently render unconstitutional an otherwise valid law. Its argument on this front cannot succeed.

Several cases are then cited, in fact beating down Saskatchewan’s argument #1. That was one of 2 legal arguments, and Saskatchewan goes into Court without a single case to back up its claims. Now to get to argument #2.

[100] Saskatchewan >does not challenge Parliament’s legislative authority to enact the Act under its s. 91(3) taxation power. Indeed, it takes the initiative in arguing that the levies imposed by the Act fall under s. 91(3). Saskatchewan’s real point lays one step down the road from this characterization of the Act. It takes issue with the authority of the Governor in Council to determine the provinces and areas to which the Act will apply. This authority is said to make the Act non-compliant with s. 53.

Saskatchewan admits the Federal Government has the power to impose taxes. Rather it takes issue with the Governor in Council determining where it will apply. But in all fairness, Ottawa “did” give all Provinces the chance to come up with their own taxation policies.

Argument #1: Claiming non-uniform treatment, yet admitting there is no requirement for uniform treatment. Also, not a single case to rely in.

Argument #2: Admitting Ottawa has constitutional power to impose taxes, but arguing over how it should apply.

Some pretty weak arguments.

Now, had Saskatchewan challenged the factual basis for the climate change scam, instead of relying on narrow, legal arguments, this may have ended quite differently.

Saskatchewan did also raise this issue of “Peace, Order and Good Governance”, but that was shot down as well

[210] The advisory opinion offered in response to the question posed by the Lieutenant Governor in Council is as follows: “The Greenhouse Gas Pollution Pricing Act is not unconstitutional either in whole or in part”.

4. Quotes From Minority Dissent

[236] GHGs are gases that absorb and re-emit infrared radiation, the most prevalent of which is carbon dioxide [CO2]. GHGs are a significant contributor to climate change. For this reason, the parties and intervenors all agree that the governments of Canada and the Provinces must take steps to mitigate the anthropogenic emission of GHGs. Because none of the Attorneys General dispute the causative effect anthropogenic GHGs have on climate change or the attendant and existential necessity of mitigating anthropogenic GHG emissions, the proof or truth of these facts is not at issue. That is, they are proven and true.

[237] In policy terms, the Act is the product of the federal government’s efforts to meet Canada’s commitments under the Paris Agreement (AG-Can Record, Moffet Affidavit vol 2, Tab I). This is apparent from the terms of the March 3, 2016, Vancouver Declaration on Clean Growth and Climate Change (AG-SK Record, Tab 1 [Vancouver Declaration]), where First Ministers of Canada recognised the necessity of reducing anthropogenic GHG emissions and committed their respective governments to “[i]mplement GHG mitigation policies in support of meeting or exceeding Canada’s 2030 target of a 30% reduction below 2005 levels of emissions, including specific provincial and territorial targets and objectives”.

Even the dissenting Justices acknowledged that Saskatchewan admits the “climate change” issue is real.

[459] The Attorney General of Canada concedes the Act will cause prices of agricultural inputs to rise. Even though farmers are exempt from the fuel charge, the producers, manufacturers and retailers of farm inputs are not. Further, transportation companies that haul grain, livestock and inputs for farmers are not exempt from the fuel levy. In this way, the effect of the Act is to regulate local industries, businesses and consumer activity in a specific way chosen by the federal government, but the practical effect on a Province of the imposition of federal GHG emissions policy under the Act is a profound intrusion into the exclusive spheres of Provincial jurisdiction. As set forth earlier, the Government of Saskatchewan has indicated in the Saskatchewan Strategy that it believes the fuel levy imposed under the Act will actually impair its ability to react to and to address climate change.

[460] The Act is highly intrusive into provincial jurisdiction. Although less direct, it is only slightly less intrusive than the legislation considered in Anti-Inflation, where the federal government had sought to pervasively control wages and prices in the Provinces. Although the Supreme Court sustained that legislation under the emergency branch of POGG, it could not have sustained the legislation under the national concern branch.

[461] The Act is highly intrusive in another way. The benchmark, which determines its application in the Provinces, effectively establishes federal oversight of GHG emissions regulation by the Provinces within their spheres of exclusive jurisdiction. It is regulation of the regulator. To permit Parliament to exercise a law-making power of this nature in respect of GHGs would be to open up the use of POGG to allow regulatory oversight by the federal government over all manner of Provincial matters as it might unilaterally deem to have become matters of national concern.

[462] Of particular concern to us on the question of its impact are the provisions of the Act that make it possible for the executive branch of federal government to substantially alter the original form and effect of the Act. The provisions that permit statutory transmogrification are ss. 26, 166 to 168 and 197(1)(a). Furthermore, the pervasive use of the word prescribed in the Act confers further metamorphic power on the executive branch to alter the appearance, character and functionality of the Act. These provisions have been referred to earlier but are worth reviewing in this context. In that regard, s. 26, dealing with the fuel levy, allows the federal cabinet by prescribing certain things, to change to whom the fuel levy applies, under what conditions it applies, the manner of payment and the time of payment.

Some interesting points:
(a) Act effectively regulates local businesses.
(b) Act is highly intrusive into Provincial matters.
(c) Allows Federal regulation of Provincial matters.
(d) Feds can amend this unilaterally.

[468] In our view, the position taken by the Attorney General of Canada mirrors the scenario described above. The Act has broad effects and the potential to have even broader effect than its current terms, but these facts are ignored in the expediency of characterising the matter, whether in terms of cumulativeness or stringency, narrowly enough to qualify it as a matter of national concern. However, a court cannot ignore the fact that, by its very terms, the Act can be expanded in any way the federal cabinet determines is necessary or expedient.

[476] Before summarising our opinion, we would reiterate two points. First, we agree that all levels of government in Canada must take action to address climate change. The anthropogenic emission of GHGs is an issue of pressing concern to all Canadians and to the world. Second, Parliament has a number of constitutional powers, legislative means and administrative mechanisms at its disposal to achieve its objectives in this regard. This reference arises because Parliament chose not to avail itself of its established constitutional powers or to do so validly. Notwithstanding the existential threat of climate change, federalism in Canada means that all governments of Canada must bring all law-making power to bear on the issue of climate change, but in a way that respects the division of powers under the Constitution Act, 1867

Though some interesting legal arguments were raised, Saskatchewan plays along with the propaganda that climate change is an existential threat to humanity.

IV. OPINION
[477] Section 52 of the Constitution Act, 1982 states that the Constitution is the supreme law of Canada and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect. We advise the Lieutenant Governor in Council that, for the foregoing reasons, in our opinion:

(a) Part 1 of the Act is invalid, being an unconstitutional delegation of Parliament’s law-making power under s. 91(3) of the Constitution Act, 1867 and being contrary to s. 53 of the Constitution Act, 1867.

(b) The Act cannot be sustained as a valid exercise of Parliament’s other enumerated law-making powers under s. 91 of the Constitution Act, 1867 nor can it be sustained under POGG

So, by a 3-2 margin, the Saskatchewan Court of Appeals rules that the Carbon tax can be legally imposed on Provinces.

5. Actual Climate Change Research

Table 1. Impact of climate policies, optimistic and pessimistic,

for RCP8.5, using MAGICC, summary of finds described through-out the text
Change in temperature

°C year 2100 Pessimistic Optimistic
US INDC 0.008 0.031
US CPP 0.004 0.013
EU INDC 0.017 0.053
EU 2020 0.007 0.026
China INDC 0.014 0.048
RoW INDC 0.009 0.036
Global INDCs 0.048 0.170

See page 9 (Page 117 in index) for above table.
Source is here.

That’s right. Even the most optimistic climate models, would be a reduction of 0.170 degrees Celcius. Most pessimistic case would be 0.048 degrees Celcius. 0.048 to 0.170 degrees over the next century. Rather than getting nitpicky over jurisdiction, perhaps Scott Moe SHOULD have challenged the facts and evidence.

6. Was The Challenge Designed To Fail?

The “Conservative” Government of Scott Moe doesn’t challenge the climate change agenda itself. None of them do. Instead, this is extremely narrow arguments over jurisdiction. And it’s about to get much worse, so stay tuned.

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A Case For Tort Reform: “Free-Speech” Grifters Want $5 Million

(Peterson interview after suing)

(Peterson announcing lawsuit to follow Shepherd)

(Pedantic Shepherd, YouTube is beside the point)

(Shepherd sues, then complains about being sued)

1. Important Links

CLICK HERE, for a prior review on Jordan Peterson.
CLICK HERE, for a prior review on Bill C-16 (gender identity)
CLICK HERE, for Louder With Crowder interview.
(See 49:00 and 50:20 for Peterson comments on OHRC policies)
CLICK HERE, for Peterson & Cathy Newman (cringe)
CLICK HERE, and HERE, for Peterson’s cognitive dissonance deplatforming Faith Goldy at free speech event.
CLICK HERE, for Shepherd’s site: identitygrifting.ca.
CLICK HERE, for Peterson announcing $1.5M lawsuit and Wilfrid Laurier University and 3 employees.
CLICK HERE, for Peterson interview on lawsuit (2:55)
CLICK HERE, for National Post article on WLU 3rd party defence.
CLICK HERE, for the Ontario Human Rights Code.
CLICK HERE, for Ontario Court forms index.
CLICK HERE, for Ontario Rules of Civil Procedure.
CLICK HERE, for Ontario Libel and Slander Act.
CLICK HERE, for Hill v. Church of Scientology, 1995.
CLICK HERE, for Ontario Bill 52, protecting expression in matters of public interest.

2. Background Information

The details of the Wilfrid Laurier University scandal (Lindsay Shepherd, the 3 staff members, and Jordan Peterson), is old news at this point. The article just focuses on the lawsuits brought against WLU and its staff by Peterson and Shepherd.

It is the opinion here that although the facts alleged are basically true, the claims are fraudulent. They are combined seeking 5 million dollars (Shepherd $3.6, Peterson $1.5M). This is an abuse of the court system, and a way to unjustly enrich themselves.

Keep in mind, Peterson’s only claim to damages was that the tape defamed him (comparing him to Hitler, and other comments). His critics were vilified by the media. He suffered no actual damage, other than being named in a tape that Shepherd released.

Shepherd claims that not only was this 42 minute meeting difficult (surely it was), but that she was never treated the same way again. She cites a few examples, but nothing that would lead a reasonable person to think this would be worth millions in damages. Shepherd claims to be unemployable in academia, but her new love for media probably helped that.

Did WLU staff act like d*****bags? YES
Were inappropriate things said? YES
Was a tape of this leaked to the media? YES
Does any of this amount to millions in damages? NO

3. Complete Hypocrisy

During the Louder With Crowder interview, Peterson (at 50:20) criticizes the Ontario Human Rights Code for automatically making employers vicariously liable for things employees say. However, he has no issue with USING vicarious liability in order to name the University in his lawsuit.

Peterson claimed that it was libel for Rambukkana to compare him to Hitler, yet Peterson compares trans activists to Communists, who have caused the deaths of millions of people.

Peterson has come to fame claiming to be a free speech champion, but has no issue deplatforming speakers he doesn’t agree with. Faith Goldy is a particularly bad example.

Shepherd and Peterson both claim to be free speech champions, but then sue over words they don’t like.

4. Karma Is A B***h

In 2018, Shepherd launched a $3.6 million lawsuit against Wilfrid Laurier University and 3 of its staff (Nathan Rambukkana, Herbert Pimlott, and Adria Joel). Although the infamous meeting was cited, there were other problems occurring later which were cited in the statement of defense.

Jordan Peterson filed a $1.5 million lawsuit of his own, claiming that Laurier hadn’t learned its lesson. Peterson claimed that the infamous tape had damaged his reputation.

Regarding Peterson’s claim, the WLU filed a 3rd party claim (Form 29A). It stated that if Peterson actually had suffered damages, he should be suing Lindsay Shepherd, as she made the tape secretly and released it.

Shepherd was outraged. After filing a lawsuit against her university, she is shocked that they would use her as a defence in a related lawsuit. She brought this on herself.

WLU should consider Rule 2.1.01

5. Some Law On Frivilous Proceedings

Rule 2.1 General Powers to Stay or Dismiss if Vexatious, etc.
.
Stay, Dismissal of frivolous, vexatious, abusive Proceeding
Order to Stay, Dismiss Proceeding
2.1.01 (1) The court may, on its own initiative, stay or dismiss a proceeding if the proceeding appears on its face to be frivolous or vexatious or otherwise an abuse of the process of the court. O. Reg. 43/14, s. 1

Although litigation tends to drag on a long time, something like this should be used. The litigation (particularly Peterson’s) is an abuse of process.

6. Ontario Libel & Slander Act

Definitions
1 (1) In this Act,
“broadcasting” means the dissemination of writing, signs, signals, pictures and sounds of all kinds, intended to be received by the public either directly or through the medium of relay stations, by means of,
.
(a) any form of wireless radioelectric communication utilizing Hertzian waves, including radiotelegraph and radiotelephone, or
(b) cables, wires, fibre-optic linkages or laser beams,
and “broadcast” has a corresponding meaning; (“radiodiffusion ou télédiffusion”, “radiodiffuser ou télédiffuser”)
“newspaper” means a paper containing public news, intelligence, or occurrences, or remarks or observations thereon, or containing only, or principally, advertisements, printed for distribution to the public and published periodically, or in parts or numbers, at least twelve times a year. (“journal”) R.S.O. 1990, c. L.12, s. 1 (1).

Wilfrid Laurier and its 3 staff members did not do this. Shepherd did. She released the recording to the media, with the intent of making it widely distributed. So Rambukkana and Pimlott have a valid point. If Peterson did suffer damages, it was caused by Lindsay Shepherd.

Yes, Rambukkana and Pimlott were unprofessional for making the comments in the first place. However, it is clear they never meant to be recorded.

There is also some ambiguity as to the Statute of Limitations, whether it would be 3 months, or 2 years. If it is 3 months, then it has already lapsed.

7. Some Canadian Cases

Here is Hill v Church of Scientology of Toronto (1995), which dropped “actual malice” as a requirement.

Here is Grant v Torstar (2009), which created an exception for responsible journalism.

Here is Crookes v Newton (2011), which ruled that linking, or hyperlinking stories does not count as publishing.

However, all of this may be irrelevant, since it was Shepherd who SECRETLY recorded the meeting, and then chose to publish it WITHOUT THE KNOWLEDGE OR CONSENT of the other parties.

8. Ontario’s Bill 52

Not sure if this would be relied on in the proceedings, but in 2015, the Ontario Government passed Bill 52 on this subject. Interesting is section 137.1

Dismissal of proceeding that limits debate
Purposes
Rejet d’une instance limitant les débats
Objects
137.1 (1) The purposes of this section and sections 137.2 to 137.5 are,
(a) to encourage individuals to express themselves on matters of public interest;
(b) to promote broad participation in debates on matters of public interest;
(c) to discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and
(d) to reduce the risk that participation by the public in debates on matters of public interest will be hampered by fear of legal action.

9. Final Thoughts On This

The topic of tort reform is a popular one in recent years, particularly in the United States. Putting a cap on maximum damages, or making it harder to collect on bogus claims is a goal worth pursuing.

Any google or online search of “tort reform” will lead to an almost endless number of matches.

This is not at all to say that a person should “never” go to civil court. If an employer doesn’t pay your wages, or your property is damaged, or bills are not paid, then litigation can be a very valid path. Admittedly, “reasonable” is very subjective. However, most people can agree that one must suffer actual damages to go to court.

However, Shepherd and Peterson have both laid million dollar lawsuits because people said mean things to them. (Shepherd’s claim cites more detail). And hypocritically, both think nothing of mocking their detractors.

These 2 are not the free speech champions they pretend to be. Rather, they support free speech when it is convenient to do so. They are “free-speech grifters”.

Hard to feel sorry for her anymore.

Posted on

Thoughts On Potential Canada-China Free Trade Deal

(Tucker Carlson: Social Costs to Communities Most Important)

1. Offshoring, Globalization, Free Trade

The other posts on outsourcing/offshoring are available here. It focuses on the hidden costs and trade offs society as a whole has to make. Contrary to what many politicians and figures in the media claim, there are always costs to these kinds of agreement. These include: (a) job losses; (b) wages being driven down; (c) undercutting of local companies; (d) legal action by foreign entities; (e) industries being outsourced; and (f) losses to communities when major employers leave. Don’t believe the lies that these agreements are overwhelmingly beneficial to all.

2. Important Links

(1) https://www.international.gc.ca/trade-agreements-accords-commerciaux/consultations/fta-ale.aspx?lang=eng
(2) https://www.international.gc.ca/trade-commerce/consultations/china-chine/index.aspx?lang=eng
(3) https://www.international.gc.ca/trade-commerce/consultations/china-chine/toolkit-outils.aspx?lang=eng
(4) https://www.epi.org/publication/the-china-toll-deepens-growth-in-the-bilateral-trade-deficit-between-2001-and-2017-cost-3-4-million-u-s-jobs-with-losses-in-every-state-and-congressional-district/
(5) https://www.forbes.com/sites/charleswallace1/2018/07/21/chinas-currency-manipulation-is-a-response-to-trumps-tariffs/#33295e9a663b
(6) https://www.thestar.com/news/canada/2012/02/11/harper_in_china_free_trade_agreement_with_china_in_canadas_sights.html
(7) https://www.theglobeandmail.com/business/article-trudeau-intends-to-work-toward-free-trade-deal-with-china-despite/
(8) https://www.maximebernier.com/canada_china_free_trade_speech
(9) https://www.ndp.ca/news/ndp-statement-pms-trade-trip-china
(10) https://www.cato.org/publications/policy-analysis/disciplining-chinas-trade-practices-wto-how-wto-complaints-can-help
(11) https://object.cato.org/sites/cato.org/files/pubs/pdf/pa856.pdf

3. From Archived Pages

There have been many concerns with dealing with China. To name just some of them:

  1. Human rights abuses
  2. No respect for intellectual property
  3. Preferential treatment
  4. Unsafe products entering Canada

To put is bluntly, the answers are not reassuring. They are the political-talk we have come to expect that avoids giving concrete answers.

Canada has robust regulatory requirements and strong enforcement action can be taken on unsafe products entering the country. Regardless of country of origin, if the Canadian government identifies products that do not meet regulatory requirements, enforcement action will be taken. Enforcement action can take a number of forms, including recall.

Canada’s Foreign Investment Promotion and Protection Agreement (FIPA) with China works to protect Canadian investments in China, and is among the most ambitious investment agreements China has ever ratified.

A possible FTA could include provisions that would help to mitigate the risk of IP infringements. We would like to hear from you on your experience with IP rights in the context of the Canada-China commercial relationship. Additionally, Canadian firms are encouraged to raise any IP problems they have in China or other overseas market with the Canadian Trade Commissioner Service.

This all sounds lovely, but to a critical person, this seems more like an attempt to emotionally soothe than to persuade with facts.

4. Major Job Losses

Looking at the Economic Policy Institute Study, shown here, from 2001 to 2017, the US lost 3.4 million jobs to China as a result of a growing trade deficit. China can produce much cheaper and in much higher numbers.

Both increased imports and technical products have done a number on the US job market, who simply cannot compete.

While this is an American study, it would be wise to use it as a cautionary tale for Canada as well.

CURRENCY MANIPULATION EXPLAINED


One unfair way to gain an advantage over a foreign competitor is to manipulate the currency. China has been doing this for a long time, and it leads to an economic advantage that few can match. The Forbes article explains it well.

First, a bit of background. The Chinese currency, called the renminbi, is what’s known as a policy currency. That means that unlike the U.S. dollar, which rises and falls in value in free market trading, the currency’s value against the dollar is set by the People’s Bank of China, an arm of the Chinese government.

While the PBOC has gradually tried to make the value of the renminbi more reflective of market forces, setting trading bands in which the renminbi is allowed to fluctuate every day, in the last analysis it is still under government control. Put another way, the value of the renminbi is manipulated by the government and always has been. It’s just that when Beijing was manipulating the value so that the renminbi appreciated against the dollar in the last few years, nobody in Washington complained.

When the Chinese Government manipulates its currency, it does so in order to artificially cheapen the costs of its products, and to gain an advantage over competitors.

In a “free market” world, this sort of thing should never be allowed.

5. CATO Institute Hypocrisy

Note: CATO calls itself a public policy institute, dedicated to free trade, liberalization and free markets. It is based in the US. But its conflicting observations are disturbing. From their website, they post an article which contains these remarks:

The Trump administration believes that the international dispute settlement system of the World Trade Organization (WTO) offers no effective remedy for these practices, and prefers an approach that relies mostly on unilateral tariffs. The administration sees the issue as follows. China’s mercantilist state systematically discriminates against foreign products and foreign producers in China while forcing foreign companies to hand over their intellectual property (IP) as the price of access to China’s large and growing market. China engages in widespread cheating in its trade practices, including not only high tariffs, domestic content requirements, and other traditional forms of protectionism, but also rigged regulations that erect trade barriers by favoring Chinese companies and outright theft of foreign IP. And, Trump and his trade cohorts say repeatedly, there is virtually nothing the United States can do under current WTO rules to stop this predatory Chinese behavior.

Worth noting is that CATO doesn’t dispute the accuracy or factual basis of Donald Trump’s claims. They don’t dispute the one sided advantage that is posed here. However, there is an interesting brochure that CATO released:

Supporting China’s membership in the WTO in 2001 was not a mistake by the United States. All 163 other members of the WTO, including the United States, are much better off because China is inside the rules-based global trading system and has not been left outside it. China has made great strides since 2001 toward full compliance with the rules of the WTO trading system.

An organization which promotes liberalized trade is okay when one of its members blatantly acts against the rules and its principles. Okay.

6. Main Canadian Parties Support This

Despite all the problems outline above, it is:
SUPPORTED, by People’s Party.
SUPPORTED, by the Conservative Party.
SUPPORTED, by the Liberal Party

However, NDP acts <a href=”https://www.ndp.ca/news/ndp-statement-pms-trade-trip-china”” rel=”noopener” target=”_blank”>as the voice of reason.

A potential free trade agreement raises many questions that are yet unanswered. China has no free press, torture is widespread, workers do not have a right to collective bargaining, and hundreds of human rights defenders and dissidents have been detained.

Environmental protections, labour standards, and human rights must be at the forefront of any trade and investment discussions, and any trade deal must support Canadian jobs, not just focus on selling Canadian resources to be processed abroad.

The Liberals have failed to take action to address steel dumping by Chinese companies which put Canadian businesses at a dangerous disadvantage. China also has a questionable record on currency manipulation and unfair trade practices, and does not have market economy status, which means it would be very difficult to have a level playing field in a free trade deal.

There are also concerns about protecting the intellectual property of Canadians and the behaviour of state-owned enterprises in China, including through the takeover of Canadian companies that work on sensitive technologies. Before making a decision on whether to begin formal negotiations, the government needs to clearly address all these concerns, and consult with Canadians before rushing into a deal that is against their interests.”

What the hell? Why am I agreeing with the NDP on this? Since when did an openly socialist party become the voice of reason?

The again, a <a href=”https://www.nationalcitizensalliance.ca/NCA-trade-environment-policy-statement/”” rel=”noopener” target=”_blank”>NATIONALIST approach would also conclude free trade with China is a bad idea.

7. Not Worth It

Watch the video with Tucker Carlson, at the top of the article. He explains that it is a better way to ensure stability of communities and jobs than to look at a purely profit motive. Well worth a watch. While the talk relates to automating vehicles — and putting truck drivers out of work — the same rationale can be applied here.

While there may be some benefits to an agreement with China, there are simply too many social costs to Canada that need to be seriously looked at:

  • How many jobs will be lost?
  • What will happen to communities with major job losses?
  • What about environmental protection?
  • Would we be rewarding sweatshop conditions?
  • Can we protect people’s intellectual property?
  • Will we be undercut by currency manipulation?
  • Is getting cheaper products worth the social cost?

It’s not all about GDP, stock prices, or corporate profits. What will a free trade agreement with China do to Canada?

OUR PEOPLE COME FIRST.

Posted on

Mass Migration Summit in Ottawa: May 8-9

1. Open Borders, Mass Migration

There is plenty of information on the open borders movement, as well as local and UN efforts to replace Old-Stock Canadians. Check out those series for much more detail.

2. Important Links

(1) https://www.conferenceboard.ca/
(2) More Information About The Summit
(3) https://canucklaw.ca/cbc-propaganda-14-lets-replace-the-canadian-population
(4) https://canucklaw.ca/destroying-national-borders-the-u-n-global-compact-for-migration/
(5) https://canucklaw.ca/new-york-declaration-september-2016-prelude-to-the-global-migration-compact/
(6) https://canucklaw.ca/un-conferences-on-replacement-migration-since-1974/

3. Background Info On This Summit

Canadian Immigration Summit 2019 will convene immigration leaders and practitioners from across Canada as they discuss and share insights on how to ensure a strong immigration system for Canada’s future.

Through both plenary and concurrent sessions, delegates from the public and private sectors will explore the most pressing immigration issues facing Canada today. Major stakeholders from government, business, immigration law and consulting, education, and immigrant-serving organizations will feature prominently in the Summit program and will share their expert views in support of a stronger immigration system.

The Summit will provide delegates with ample opportunities to network, find partners, access expert advice, and share their views.

Join us in Ottawa, May 8-9, 2019, to:

  • network with potential partners and collaborators
  • learn from leading international and Canadian experts about domestic and global immigration issues, best practices, and innovative solutions
  • gain unique insights from the latest immigration research and programs
  • access new tools and techniques that will allow you to help empower immigrants and better leverage their skills, talents and connections
  • shape recommendations to help guide the future of the immigration system

Just a hunch, but probably none of these speakers will advocate or call for “less immigration”. Indeed, the tone seems to be that migration is good, and we need more of it. There doesn’t seem to be aby balance in the issue at all.

4. Summit Overview

Summit Overview
How can we plan for tomorrow, today?
The purpose of the 2019 Summit is to explore how Canada can respond proactively to emerging immigration issues in a rapidly changing world.
.
We tend to dwell on the past to tackle today’s challenges and anticipate the ones we will experience tomorrow. Moreover, we are often focused on the short-term, with too little of our time and energy devoted to thinking about how we can plan for the future. However, the world is not standing still, and Canada is no exception. Changes at home and abroad will disrupt Canada’s future immigration system in ways we cannot currently fathom. For example, how many of us five years ago imagined that a wave of populism would take the world by storm?.

Populism is bad, apparently.
People “don’t” want to be replaced in their homelands? Racists.
“Now” they need to make long term plans?

Who is even surprised anymore?

Posted on

Morgane Oger Further Weaponizes Human Rights Codes, $55K Ruling

(BC “Human Rights” Commission Ruling)

(Morgane Oger Foundation)

(Proposed “Hate Map” Across Canada)

1. Important Links

(1) https://www.canlii.org/en/bc/bchrt/doc/2019/2019bchrt58/2019bchrt58.pdf
(2) ttp://www.bclaws.ca/Recon/document/ID/freeside/00_96210_01
(3) https://laws-lois.justice.gc.ca/eng/const/page-15.html
(4) https://canucklaw.ca/bill-c-16-adding-gender-identity-to-human-rights-code-and-criminal-code/
(5) https://canucklaw.ca/morgane-oger-foundation-wants-to-be-another-doxxing-site/
(6) https://canucklaw.ca/weaponizing-the-human-rights-codes-and-refugee-boards/

Some Thoughts

Our favourite “serial-victim” Morgane Oger, is in the news again, this time for getting a $55,000 award ($35K for hurt feelings, and $20K in punitive damages). This was William Whatcott for calling Oger “a man”. (Oger is transgender).

A few interesting observations in reading the ruling:

(1) Morgane Oger seems perfectly content silencing William Whatcott’s free speech and right to religious expression in the name of gender identity.

(2) The BC Tribunal deliberately and repeatedly skirted the truthfulness of Whatcott’s claim that Oger is biologically male. Hormones, surgery and legal paperwork don’t change biology.

(3) The BC Tribunal awarded $35,000 in damages without any damages being proven. How exactly does one prove “hurt feelings and dignity”?

3. BC Human Rights Code

Discrimination and intent
2
Discrimination in contravention of this Code does not require an intention to contravene this Code.

Section 2 makes it very clear: absolutely no intent is required on the part of anyone in order to be found to violate someone’s human rights. For a “quasi-judicial” board, this is very disturbing. However, it seems to be the case with all provinces.

Discriminatory publication
7 (1) A person must not publish, issue or display, or cause to be published, issued or displayed, any statement, publication, notice, sign, symbol, emblem or other representation that
(a) indicates discrimination or an intention to discriminate against a person or a group or class of persons, or
(b) is likely to expose a person or a group or class of persons to hatred or contempt because of the race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, or age of that person or that group or class of persons.
(2) Subsection (1) does not apply to a private communication, a communication intended to be private or a communication related to an activity otherwise permitted by this Code.

Oger claims that the publications were contrary to Section 7(1)(a) and (b) of the code.

Evidence
27.2 (1) A member or panel may receive and accept on oath, by affidavit or otherwise, evidence and information that the member or panel considers necessary and appropriate, whether or not the evidence or information would be admissible in a court of law.
(2) Nothing is admissible in evidence before a member or panel that is inadmissible in a court because of a privilege under the law of evidence.
(3) Despite section 4, subsection (1) of this section does not override an Act expressly limiting the extent to which or purposes for which evidence may be admitted or used in any proceeding.
(4) A member or panel may direct that all or part of the evidence of a witness be heard in private.

(4) flies in the face of an open inquiry, and doesn’t set any guidelines as to “when” it would be appropriate.
One of the problems Whatcott cited was the Commission refusing to hear all the evidence.

Remedies
37 (1) If the member or panel designated to hear a complaint determines that the complaint is not justified, the member or panel must dismiss the complaint.
(2) If the member or panel determines that the complaint is justified, the member or panel
(a) must order the person that contravened this Code to cease the contravention and to refrain from committing the same or a similar contravention,
(b) may make a declaratory order that the conduct complained of, or similar conduct, is discrimination contrary to this Code,
(c) may order the person that contravened this Code to do one or both of the following:
(i) take steps, specified in the order, to ameliorate the effects of the discriminatory practice;
(ii) adopt and implement an employment equity program or other special program to ameliorate the conditions of disadvantaged individuals or groups if the evidence at the hearing indicates the person has engaged in a pattern or practice that contravenes this Code, and
(d) if the person discriminated against is a party to the complaint, or is an identifiable member of a group or class on behalf of which a complaint is filed, may order the person that contravened this Code to do one or more of the following:
(i) make available to the person discriminated against the right, opportunity or privilege that, in the opinion of the member or panel, the person was denied contrary to this Code;
(ii) compensate the person discriminated against for all, or a part the member or panel determines, of any wages or salary lost, or expenses incurred, by the contravention;
(iii) pay to the person discriminated against an amount that the member or panel considers appropriate to compensate that person for injury to dignity, feelings and self respect or to any of them.

In short, the BC Human Rights Code can award money if it rules that your feelings were hurt, or your dignity or self respect was hurt. No need to prove “actual” damages.

4. Section 2(b) Of Charter

Fundamental freedoms
2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association

5. From HRT Ruling

William Whatcott identifies himself as a Christian activist. When he learned of Ms. Oger’s candidacy, he resolved to stop her being elected. He was not a member of her riding, nor did he research her platform or the policies which she sought to advance. The sole basis for his campaign against her was that she is a transgender woman and therefore, in his view, unsuitable to hold public office. 

Very interesting choice of words. Whatcott “identifies” as a Christian activist, yet Oger “actually is” a woman.

Mr. Whatcott was not a resident in Ms. Oger’s riding. She came to his attention after he had decided there were no suitable political options within his own riding. He says that he had decided not to vote in the election at all, but then turned to prayer. He asked God how he could help in the election. He started researching the candidates across the province and, in this way, came across Ms. Oger. He learned that she had been active in lobbying for amendments to the Code to add the grounds of “gender identity and expression”, and in promoting education about sexual orientation and gender identity in schools. Most importantly, however, he was upset that the media and public at large were “pretending” that Ms. Oger was a woman. He fundamentally believes that gender is static and derived from the genitalia that a person has at birth. He believes that Ms. Oger is a man. He sees himself as the small boy in the fairy tale about the Emperor with no clothes the only one brave enough to speak the truth about Ms. Oger’s gender. He decided to focus his energies on her campaign. In doing so, he describes Ms. Oger herself as “incidental” and “small” within his larger fight for social order and freedom. 

The first part gets glossed over. Oger is trying help enact 2 policies that Whatcott is bothered by:
(A) Bill C-16, to add “gender identity” to the Criminal Code and Human Rights Code.
(B) Bringing SOGI (sexual orientation & gender identity) into schools and have it taught to young children.

In all fairness, “both” of the above issues rub a lot of people the wrong way.

[53] To the extent that s. 7 is unique, it is because it expressly and exclusively targets speech. Mr. Whatcott argues that, in doing so, it violates his Charter‐guaranteed rights to freedom of religion and expression ss. 2(a) and (b). In his final reply, he added an argument that it violates his right to life, liberty and security of the person, guaranteed by s. 7 of the Charter.  

[54]This Tribunal does not have jurisdiction to apply the Charter: Administrative Tribunals Act, s . 45; Code, s. 32(i). I cannot find s. 7 of the Code unconstitutional, or that any of Mr. Whatcott’s Charter rights have been violated in the course of Ms. Oger’s human rights  complaint against him.

 

[55]There is no question, however, that this complaint engages Charter protections. In these circumstances, I must interpret and apply the Code in a manner that proportionately balances its purposes with those protections. The framework for this analysis has been set out by the Supreme Court of Canada in three cases: Doré v. Québec (Tribunal des Professions), 2012 SCC 12 [Doré]; Loyola High School v. Quebec (Attorney General), 2015 SCC 12 [Loyola]; and Trinity  Western University v. Law Society of BC, 2018 SCC 32 [TWU]. 

While simultaneously claiming not to be able to apply the Charter, the Tribunal says it will balance the rights of the Charter v.s. the Code.

A. Factual context 
1. Discrimination against transgender people 
. This is a significant time for trans and gender diverse people. Their long fight for equality is bearing some fruit, as society begins to adjust its traditionally static and binary understanding of gender, and its tolerance for people to identify and express their gender authentically. One indicator of this progress is the 2016 amendment to the Code that added the grounds of gender identity and expression. 

[61] However, as this hearing made clear, the journey is far from over. Unlike other groups protected by the Code, transgender people often find their very existence the subject of public debate and condemnation. What flows from this existential denial is, naturally, a view that transpeople are less worthy of dignity, respect, and rights. In the hearing room for this complaint, we were witness to repeated, deliberate, and flagrant attacks on Ms. Oger based on nothing more than a belief that her very existence is an affront. 

(A) The Tribunal actually referred to this section as “factual context”, but then goes on to make a number of straw man arguments.
(B) It is not a fight for equality. That was never the issue.
(C)”Traditionally static and binary understanding of gender”? Actually, there has never been evidence that there are more than 2 genders. Simply passing a law does not erase science. A government could conceivably pass a law saying that dogs are cats, but it would not be based in reality.
(D) Gender identity and expression? Don’t these contradict reality? Merely expressing oneself or identifying oneself a certain way does not make it so.
(E) Questioning the reality of something not based on science is a hate crime now? Got it.

[62] And so, despite some gains, transgender people remain among the most marginalized in our society. Their lives are marked by “disadvantage, prejudice, stereotyping, and vulnerability”: F(C) v. Albert (Vital Statistics), 2014 ABQB 237 at para. 58; see also Rainbow  Committee of Terrace v. City of Terrace, 2002 BCHRT 26 at paras. 47-51. They are stereotyped as “diseased, confused, monsters and freaks”: Nixon v. Vancouver Rape Relief Society, 2002. 
BCHRT 1 at paras. 136137, overturned 2005 BCCA 601 (not on this point). Transpeople face barriers to employment and housing, inequitable access to health care and other vital public services, and heightened risks of targeted harassment and violence. The results include social isolation, as well as higher rates of substance use, poor mental health, suicide, and poverty: XY v. Ontario (Government and Consumer Services), 2012 HRTO 726 at paras. 164-166. For transgender children, antitrans bullying leads to higher rates of absenteeism and poorer educational outcomes, which then has ripple effects for their health and future prospects: Christophe Cornu (2016), “Preventing and addressing homophobic and transphobic bullying in  education; A human-rights based approach using the United Nations Convention on the Rights of the Child”, Journal of LGBT Youth, 13:1‐2, 6‐17 at pp 7‐8. 

(A) How are they marginalized? They have entire government bodies to fight specifically for their rights.
(B) Substance abuse, suicide, and mental health problems? Doesn’t that signify that there might be something seriously wrong with what they are doing?
(C) Children should not be transitioning. Period.

[64] Mr. Whatcott and the JCCF sought to rely on statistics about the poor health and social outcomes for transgender people as proof that – at best – the merits of being transgender was a matter for ongoing study and debate and – at worst –it was a bad lifestyle choice, whichought to be publicly discouraged. I agree with Ms. Oger that this is an illconceived attempt to “take the data about the consequences of being a victim of oppression, or the consequences of being marginalized, and turn that into the root cause of the issue”.  

[65] The poor health, economic, and social outcomes for many transgender people are not a signal of their inherent worth but rather of the significant degree to which they continue to face marginalization, stigma, and discrimination. They illustrate how much work remains to be done to make the Code’s objective of an equal society into a reality. 

(A) The Tribunal specifically states they will not consider statistical data. How very “scientific and reasoned” of them.
(B) Another straw-man argument. No one is saying these people are not worthy, but that there are very serious mental health issues that need to be addressed. Issues the tribunal has no interest in addressing.

[75] There is no dispute that a decision against Mr. Whatcott would limit his Charter right to freedom of religion. Ms. Oger concedes that Mr. Whatcott has a sincerely held religious belief that it is his duty to spread his views about transgender people: Syndicat Northcrest v. Amselem, 2004 SCC 47 at para. 65. This concession was appropriate. Mr. Whatcott identifies as Christian and describes himself as a “flawed Christian activist”. He says that his theology largely lines up with that of the Lutheran Church. The Supreme Court of Canada has recognized that Evangelical Christians, and I believe it is fair to count Mr. Whatcott as one, “carry their religious beliefs and values beyond their private lives and into their work, education, and politics”: TWU at para. 67. This is certainly true of Mr. Whatcott. For many years, he has manifested his religious beliefs through activism, beginning with antiabortion activism and then, in more recent years, in activism against the LGBTQ community. His beliefs about transgender people namely that they do not exist and are engaged in a falsehood  stem from his interpretation of the Christian Bible. He believes it is God’s will that he spread the Christian gospel and his views about the “morality” of being transgender. 

(A) Now we get to the heart of it. This would actually limit religious freedom.
(B) The Tribunal knows this, and will act against it anyway.

[77] There is similarly no dispute that a decision against Mr. Whatcott would limit his freedom to publicly express his views about transgender people generally, and Ms. Oger specifically. This engages his right to free expression. As I will discuss below, the scope of freedom of expression, and the significance of any possible infringement, varies according to the type of speech and the extent to which it furthers or detracts from the core values underlying the freedom. However, at this threshold stage, it is sufficient that the Flyer was a form of expression and that any decision restricting Mr. Whatcott’s right to distribute it publicly would limit his expressive rights to some extent. 

[78] With respect to Mr. Whatcott’s s. 7 Charter rights, I agree with the Attorney General that it would not be fair to consider that argument, which was raised for the first time in Mr. Whatcott’s final reply, after the hearing of this complaint had concluded. Regardless, the argument has no merit. A decision by this Tribunal would not restrict Mr. Whatcott’s life, liberty, or security of the person. The remedial jurisdiction conferred by s. 37 of the Code is in no way equivalent to penal consequences. It does not threaten Mr. Whatcott’s life or liberty. While I accept that individuals found to violate the Code may encounter, as a consequence, a degree of stigma and social disapproval, such consequences do not rise to a level of “serious  state imposed psychological stress

(A) No threat to his security? Try not paying the fine and see what happens.
(B) You also say the Commission “will” order the so-called bad behaviour to stop. And if it doesn’t, you’ll fine him again.
(C) Who cares if this is the first time the argument has been brought up?

Now a quote from the Supreme Court of Canada:

First and foremost, free expression is essential to the proper functioning of democratic governance. As Rand J. put it, “government by the free public opinion of an open society . . . demands the condition of a virtually unobstructed access to and diffusion of ideas”: Switzman, at p. 306. 
.
  Second, the free exchange of ideas is an “essential precondition of the  search for truth”: R. v. Keegstra, [1990] 3 S.C.R. 697, at p. 803, per  McLachlin J. This rationale, sometimes known as the “marketplace of ideas”, extends beyond the political domain to any areaof debate where truth is sought through the exchange of information and ideas. Information is disseminated and propositions debated. In the course of debate, misconceptions and errors are exposed. What withstands testing  emerges as truth. 
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  Third, free expression has intrinsic value as an aspect of self‐realization for both speakers and listeners. As the majority observed in Irwin Toy, at p. 976, “the diversity in forms of individual selffulfillment and human flourishing ought to be cultivated in an essentially tolerant, indeed welcoming, environment not only for the sake of those who convey a meaning, uut also for the sake of those to whom it is conveyed”.  Grant v. Torstar Corp., 2009 SCC 61 at paras. 4750; see also R v. Keegstra,  [1990] 3 SCR 697 [Keegstra], at paras. 87‐89; 

This is quite laughable, as the Tribunal has no interest in the factual basis of Whatcott’s claim (that Oger is male), nor in the statistical research and evidence regarding transgenders in general.

[119] I reject this proposition in the strongest possible terms. The question of whether transgender people exist and are entitled to dignity in this province is as valuable to ongoing public debate as whether one race is superior to another. This does not mean that all expression that criticizes or questions the existence of transgender people violates the Code. Here I distinguish between public debate about, for example, the scope of rights that different groups in society may be afforded, and commentary like that which is in the Flyer, which denies the very existence of transpeople. Understood in its proper context, it is simply not accurate to place this type of expression at the core of s. 2(b) values. 

(A) False equivalence. The reality of transitioning is not the same thing as racial supremacy.
(B) False equivalence. Questioning whether trans-people exist is not the same thing as saying a person should not have dignity.
(C) The flyer is inappropriate, but once again the Tribunal dodges the issue of “truth”.

[125] This argument confuses distinctions with discrimination. Efforts to increase the participation and representation of groups which have historically been excluded from political life serve the goals of achieving substantive equality and enriching Canada’s democracy. But to advocate against including those groups in politics is not the same thing as arguing for their deliberate inclusion. The law has long understood that identical treatment of groups is often the very source of serious inequality: Kapp at para. 27, citing Andrews. Put another way, “different treatment in the service of equity for disadvantaged groups is an expression of [substantive] equality, not an exception to it”: P. W. Hogg, Constitutional Law of Canada (5th ed. Supp. 2007), vol. 2, at p. 5553; cited with approval in Kapp at para. 37. It is simply not reasonable to equate efforts to increase the representation of disadvantaged groups in government with those which would seek to continue to exclude them. While I acknowledge that individual voters may choose to discriminate within the privacy of a ballot box, it does not further Canada’s democracy to suggest that a person’s connection with a historically disadvantaged group is a legitimate point on which to openly campaign against them. 

To summarize this word salad: ACTUAL equal treatment of people can be wrong, since it doesn’t take “historical marginalization” into account. Hence the idea of 15(2) of the Charter (affirmative action). This is essentially different rules for different groups in order to “increase representation”.

The decision is long one (100 pages), but this covers the main points. The Tribunal also goes on at length about Whatcott refusing to refer to Oger as “she” despite being repeatedly told not to.

While Whatcott comes off as a bit of a jerk, it is hard to come up with much sympathy for Oger, who is essentially a professional victim. The proposed “hate map” is essentially a doxing tool for opinions that they don’t agree with.

It is also disturbing to see the Tribunal so uninterested in fact or truth. Legitimate concerns about whether a person can transition are deemed hate speech. Further, the tribunal doesn’t care for evidence presented regarding statistics of trans-people. If anything, it is deemed as more of a reason to grant special status.

Whatcott “identifies” as a Christian activist, yet Oger “really is” a woman. The Tribunal is inconsistent in their own standards.

And as seems to be the case in all provinces, the “human rights” code stipulates that no intent is necessary for a finding against a person or group.

Will there be an appeal (in the form of an application for judicial review)? We will find out. But this sets a very bad precedent.

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A Nationalist’s Rejection of Conservatism and Libertarianism

This is going to be quite different from the usual article. This is simply an ideological standing: Nationalism v.s. Conservatism and Libertarianism.

1. Disclaimer

  1. This is an opinion. Don’t be triggered.
  2. Feedback or rebuttal always welcome.
  3. Most of the following is backed up in other articles.

2. Rejection Of Conservativism


As is now a common rebuttal point, so called “Conservatives” don’t actually conserve anything. This is true throughout the Western world. Most “Conservative” parties are really just corporatists, trying to serve a business class.

  • Culture isn’t conserved. Multiculturalism is forced upon us.
  • Language isn’t conserved, and learning it becomes less of a priority
  • Heritage isn’t conserved. Our history can be rewritten.
  • Founding of nation isn’t conserved. Everyone is replaceable.
  • Respect for life isn’t conserved.
  • Any meaning of family isn’t conserved
  • Any religion which helped found society isn’t conserved.
  • With the above points, the “majority” culture, language or heritage dwindles, however, “minority” ones are encouraged to thrive.
  • The environment isn’t conserved (the lefties are right on this one).
  • Education standards aren’t conserved. School is big business.
  • Pensions and social benefits aren’t conserved.
  • Health Care isn’t conserved.
  • National borders aren’t conserved.
  • National sovereignty isn’t conserved.
  • Military strength isn’t conserved, nor veterans cared for.
  • Actual free markets aren’t conserved. Cronyism is rampant.
  • “Small Government” ideals aren’t conserved.
  • Employment prospects aren’t conserved, if they can be outsourced.
  • True free speech isn’t conserved

Any semblance of “social conservatism” has long been abandoned by these “self-identified” conservative parties. As such, money, growth, and individualism seem to be the only things that matter.

And while “Conservatives” like to crow about how responsible they are with the public purse, successive governments have heaped debts onto the populations. But they don’t like that detail pointed out.

Consider too: so called neo-cons who have little to no hesitation about starting foreign wars abroad either for resources or power.

Most topics on the list have been addressed elsewhere on the site. There is much more to a nation than GDP, unemployment and stock prices.

3. Rejection Of Libertarianism


Most of the above points can also be directed towards Libertarians. They have no interest in conserving anything either.

To be fair, Libertarians do have a genuine interest in smaller government overall. They push for less regulation and government involvement in people’s lives. Valid points.

An interesting note: while pushing for “individual” rights and freedoms, Libertarians (many anyway), take no issue with mass migration from cultures which push for “collective” powers. It never seems to dawn on them that these freedoms can be eventually voted away by the people they welcome.

It also never occurs to Libertarians (or Conservatives) that in pushing for multiculturalism, they are forging alliances with groups which will wield power by numbers. Individual preference doesn’t matter when an entire group votes another way.

4. Protect Individual Rights


Looking out for group identity doesn’t mean we should have to — EVER — give up our individual freedoms, such as these:

  1. Freedom of speech
  2. Freedom of association
  3. Freedom of the press
  4. Freedom of peaceful assembly
  5. Freedom of religion (except violent movements “cloaked” as religion)
  6. Private property rights
  7. Presumption of innocence in criminal proceedings

Most (if not all) nationalists also support these rights.

While Libertarians go on about the “dangers of collectivism”, it never dawns on them that collectivism can also help preserve these rights. If your group believes in individual rights, then as a group it can act to protect them.

Much harder to do when “individuals” work against “collectives” who oppose these freedoms, or your way of life.

5. Look To Generations Ahead


This should be commonsense, but is worth repeating: we should be looking ahead generations to what kind of society we will leave our descendants. It is not worth sacrificing it for our short term gain.

Left v.s. Right is a myth to obscure the real distinction of Nationalist v.s. Globalist. Other labels differ, but are irrelevant. Doesn’t matter if these “right-wingers” self identify as:
-Classical Liberals
-Conservatives
-Real Conservatives
-Libertarians

Policies should be aimed at protecting the items cited above (Section #2). After all, our ancestors left them to us.

As such, nationalism is the way forward.
OUR PEOPLE COME FIRST.