Under 1948 UN Convention, Multiculturalism and Replacement Migration Are Genocide

(Trudeau, speaking to the media)

(1948 Convention On Prevention and Punishing Genocide)

(Canadians encouraged to have less children)

(Russian Pres. Putin: woke on the myth of civic nationalism. “We may be a multiethnic country, but we are one civilization. We are Russian, first and foremost.”)

(Al Quds in Toronto: We execute gays, and Canada will at some point follow Sharia law. We are making babies. Your population is going down the slumps).

Canadian Prime Minister Trudeau is in the news again. This time the MMIWG Inquiry (Missing or Murdered Indigenous Women & Girls) Inquiry has laid accusations of genocide against Canada, for doing nothing to prevent targeting killings of one group of people.

Apparently, Trudeau believes that the findings amount to a pattern of genocide committed against Indigenous women and girls. In an effort to virtue signal, this had lead to admissions that Canada “does” engage in genocidal practices.

As such, it is now reasonable to ask: will the UN and other foreign bodies be able to investigate Canada for genocide? Will this lead to an even bigger erosion of our sovereignty? Sadly, this is not where this article is heading. Sorry for misleading you.

Strangely, this led to another thought: What if Canada actually “did” commit genocide, but in an entirely different way? What if mass migration, multiculturalism, forced diversity and speech codes actually led to the destruction of a nation and its people?

The article looks at the actual 1948 UN Convention On Prevention and Punishing Genocide. It will unironically be compared to some existing laws and practices in Canada. This should be interesting.

1. Important Links


(1) https://www.mmiwg-ffada.ca/final-report/
(2) https://www.mmiwg-ffada.ca/wp-content/uploads/2019/06/Final_Report_Vol_2_Quebec_Report-1.pdf

(3) https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.1_Convention%20on%20the%20Prevention%20and%20Punishment%20of%20the%20Crime%20of%20Genocide.pdf
(4) https://canucklaw.ca/cbc-propaganda-14-lets-replace-the-canadian-population/
(5) https://laws-lois.justice.gc.ca/eng/acts/c-18.7/page-1.html#h-3
(6) Dumping Feminism And Multiculturalism
(7) https://www.ourcommons.ca/Parliamentarians/en/members/Iqra-Khalid(88849)/Motions?documentId=8661986%2520
(8) http://ap.ohchr.org/documents/E/HRC/resolutions/A_HRC_RES_7_19.pdf
(9) https://www.fmreview.org/sites/fmr/files/FMRdownloads/en/FMRpdfs/Human-Rights/cairo.pdf
(10) https://canucklaw.ca/the-cairo-declaration-on-so-called-human-rights/

2. Quotes From UN Convention On Genocide


Having people killed or go missing is horrible, no doubt about it. However, it is not the only way to breach the Convention on Preventing and Punishing Genocide. See the following sections.

Article I
The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish.

Article II
In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.

Article III
The following acts shall be punishable:
(a) Genocide;
(b) Conspiracy to commit genocide;
(c) Direct and public incitement to commit genocide;
(d) Attempt to commit genocide;
(e) Complicity in genocide.

Article IV
Persons committing genocide or any of the other acts enumerated in article III shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals.

Article V
The Contracting Parties undertake to enact, in accordance with their respective Constitutions, the necessary legislation to give effect to the provisions of the present Convention, and, in particular, to provide effective penalties for persons guilty of genocide or any of the other acts enumerated in article III.

Article VI
Persons charged with genocide or any of the other acts enumerated in article III shall be tried by a competent tribunal of the State in the territory of which the act was committed, or by such international penal tribunal as may have jurisdiction with respect to those Contracting Parties which shall have accepted its jurisdiction.

Article VII
Genocide and the other acts enumerated in article III shall not be considered as political crimes for the purpose of extradition.
The Contracting Parties pledge themselves in such cases to grant extradition in accordance with their laws and treaties in force.

Although killing and mass executions are an obvious and overt form of genocide, there are more subtle ways. Government, media and private organizations can work together in ways to bring about a group’s destruction “over time”. As will be demonstrated, there are ways to erase groups that don’t involve firing a shot.

Keep in mind, Article 2 refers to “bring out the destruction, in all or in part” of a national, ethnical, racial or religious group. This will be demonstrated in the coming sections.

3. Replacement Migration


This topic was covered in an earlier article, shown here, but the topic is worth bringing up again. While the Government is not explicitly calling for the replacement of the Canadian population, it does push 2 competing narratives:

(A) Canadians should have less children.
(B) Canada needs more mass migration.

Here is the contrast from the previous article.

(CBC wants less Canadian children)
(a) https://www.cbc.ca/parents/learning/view/i-have-one-child-its-not-my-husbands-and-were-not-planning-for-another-and
(b) https://www.cbc.ca/radio/thecurrent/the-current-for-august-20-2018-1.4791395/smaller-families-are-pushing-the-middle-child-into-extinction-study-suggests-1.4793682
(c) https://www.cbc.ca/news/opinion/chip-joanna-gains-pregnancy-1.4481165
(d) https://www.cbc.ca/parents/learning/view/the-real-reason-i-have-only-one-child
(e) https://www.cbc.ca/radio/day6/episode-194-tv-news-in-israel-and-gaza-rise-of-the-no-mos-and-more-1.2905673/no-mos-women-who-aren-t-having-children-1.2905664
(f) https://www.cbc.ca/parents/learning/view/im-not-teaching-my-daughter-to-be-polite
(g) https://www.cbc.ca/news/canada/british-columbia/emissions-reduction-choices-1.4204206

(and in case you think CBC just wants less children in general)
(a) https://www.cbc.ca/radio/thesundayedition/the-sunday-edition-for-february-24-2019-1.5029453/how-did-multiculturalism-become-so-central-to-canada-s-identity-1.5029456
(b) https://www.cbc.ca/radio/thecurrent/the-current-for-january-24-2019-1.4989844/always-a-way-to-go-around-border-walls-create-insecurity-not-remove-it-says-expert-1.4989854
(c) https://www.cbc.ca/radio/thesundayedition/the-sunday-edition-december-24-2017-1.4451296/why-nothing-will-stop-people-from-migrating-1.4451437
(d) https://www.cbc.ca/news/thenational/national-today-newsletter-migrant-deaths-creed-fire-calif-1.4911425
(e) https://www.cbc.ca/news/world/hungary-soros-analysis-lawrynuik-1.4725089
(f) https://www.cbc.ca/news/world/hungary-orban-parliament-session-1.4651185
(g) https://www.cbc.ca/news/politics/alexander-scheer-trudeau-un-compact-1.4932698
(h) https://www.cbc.ca/radio/thesundayedition/the-sunday-edition-october-14-2018-1.4858401/canada-s-population-needs-to-be-100-million-by-2100-1.4860172

The above are just a small sample of what the CBC, our state funded broadcaster, has been putting out. While calling for Canadians to have fewer (or no) children, our government also advocates for increased immigration to cover for “declining birthrates”.

It is untrue that Canada was “always multicultural”. In the 1971 census, the population was 96% European descent. This “multiculturalism” is a phenomenon of the last 50 years. This was imposed on the population, without any democratic consent.

While CBC is an easy target, it should be noted that politicians of all political parties promote mass migration of very different people, from very different backgrounds and cultures. Diversity is our strength, so the saying goes.

Is this not pushing for the destruction of a group of people? Or is anything and anyone Canadian who wants to be?

4. 1988 Multiculturalism Act


Section 3 of the Act is the most interesting for the purposes of this article. Here it is, in its entirety:

3 (1) It is hereby declared to be the policy of the Government of Canada to
(a) recognize and promote the understanding that multiculturalism reflects the cultural and racial diversity of Canadian society and acknowledges the freedom of all members of Canadian society to preserve, enhance and share their cultural heritage;
(b) recognize and promote the understanding that multiculturalism is a fundamental characteristic of the Canadian heritage and identity and that it provides an invaluable resource in the shaping of Canada’s future;
(c) promote the full and equitable participation of individuals and communities of all origins in the continuing evolution and shaping of all aspects of Canadian society and assist them in the elimination of any barrier to that participation;
(d) recognize the existence of communities whose members share a common origin and their historic contribution to Canadian society, and enhance their development;
(e) ensure that all individuals receive equal treatment and equal protection under the law, while respecting and valuing their diversity;
(f) encourage and assist the social, cultural, economic and political institutions of Canada to be both respectful and inclusive of Canada’s multicultural character;
(g) promote the understanding and creativity that arise from the interaction between individuals and communities of different origins;
(h) foster the recognition and appreciation of the diverse cultures of Canadian society and promote the reflection and the evolving expressions of those cultures;
(i) preserve and enhance the use of languages other than English and French, while strengthening the status and use of the official languages of Canada; and
(j) advance multiculturalism throughout Canada in harmony with the national commitment to the official languages of Canada.”

Throughout, the Act refers to Canada’s “multicultural history”. This is a complete rewrite of history. For over 100 years, Canada had been built largely as a British colony, with heavy French regions in the east. There are also great swaths of land which belong to various Indigenous groups, and many treaties are still discussed today.

This leaves out that the more extra cultures who gain prominence, the host(s) become diluted and weakened. They become just one of many.

(I) and (J) are nonsensical. They want to promote languages “other than” English and French, while strengthening the status of the official languages. Newsflash, of you promote “other” languages, it leads to the weakening of the status of English and French.

Missing from Section 3 (or any section) is a description of what Canada actually is. All this says is that it is a “collection of identities”. We are told repeatdly that “diversity is our strength”, but with no explanation of how so.

This part, while nice, omits a crucial detail: how does a group preserve their language and culture? Simple, get like people together, form an enclave, and preserve their identity. This type of legislation directly leads to balkanization.

5. Destruction of Religious Groups

Let’s address the elephant in the room: Islam. Liberal idiots seem to believe we can co-exist with a group whose stated (and practiced) goals are the destruction of anyone who doesn’t share their beliefs.

Despite plenty of available evidence, Liberals believe that mass Islamic migration and nurturing the growth of Islam is somehow “showing diversity and tolerance”.

Look familiar?

M103 – Systemic racism and religious discrimination
That, in the opinion of the House, the government should: (a) recognize the need to quell the increasing public climate of hate and fear; (b) condemn Islamophobia and all forms of systemic racism and religious discrimination and take note of House of Commons’ petition e-411 and the issues raised by it; and (c) request that the Standing Committee on Canadian Heritage undertake a study on how the government could (i) develop a whole-of-government approach to reducing or eliminating systemic racism and religious discrimination including Islamophobia, in Canada, while ensuring a community-centered focus with a holistic response through evidence-based policy-making, (ii) collect data to contextualize hate crime reports and to conduct needs assessments for impacted communities, and that the Committee should present its findings and recommendations to the House no later than 240 calendar days from the adoption of this motion, provided that in its report, the Committee should make recommendations that the government may use to better reflect the enshrined rights and freedoms in the Constitution Acts, including the Canadian Charter of Rights and Freedoms.

Islam does not permit the survival of non-muslims. To help achieve this goal, efforts are being made to shut down and ban criticism of Islam. But hey, diversity is our strength.

6. Erasing Our Heritage


Removing the statue of our nation’s founder is a pretty overt symbol of our nation being established.

Naming a park in Winnipeg, MB, after an Islamic warlord named Jinnah (hence Jinnah Park), to celebrate the Muslim takeover of half of India is another symbol of our history being erased.

There are too many cases to cite, but those are a few recent and obvious ones. Canadian history is being erased.

7. Is Multiculturalism & Mass Migration “Genocide”?


Let’s go through the list

  • Founding people of a nation are replaced.
  • Culture is replaced in favour of “multiculturalism”.
  • Common language becomes just one of many.
  • Main religion (Christianity) is removed, often through violence.
  • Heritage and history are removed.

The ironically named “Conservatives” do nothing to actually conserve what our nation is. As such, they are complicit in its breakdown.

Yes, it is fair to say that Canadian laws are in fact leading to the genocide of certain groups in Canada. But hey, diversity is our strength.

8. What Was IN MMIWG Report Anyway?


It would not be fair to readers to not at least address this topic.

The conclusions of the MMIWG Report is that these victims are not given the care and seriousness they should have.

1.1. The National Inquiry’s Mandate The Government of Canada and the Government of Quebec entrusted a very broad mandate to the National Inquiry into Missing and Murdered Indigenous Women and Girls, for Quebec.

First, according to Order 711-2016 that created the provincial commission of inquiry, the National Inquiry had to “investigate” and “report on” two main topics: the systemic causes of all forms of violence, and the institutional policies and practices implemented in response to the violence against Indigenous women and girls. To that end, the National Inquiry’s mandate included reviewing the factors that could be associated with the relationships between public services under Quebec’s constitutional jurisdictions, including police forces, health facilities, social and educational services, and Indigenous people more generally.

In addition, the National Inquiry had a mandate to “make recommendations.” These recommendations had to focus on two objectives: to propose concrete and sustainable actions to be implemented to prevent situations of violence against Indigenous women, girls, and 2SLGBTQQIA people, and to significantly improve the quality of relationships between Indigenous people and public services.

Noticeably absent is any mention of “solving the cases” of these women and girls. In fact, the mandate is not about solving any of these murders or disappearances.

In fact, it is a report about various “marginalization” that these women face. Very little of it has anything to do with the cases of the missing/murdered women.

Abolish Human Rights Codes Entirely

1. Previous Solutions Offered

A response that frequently comes up is for people to ask what to do about it. Instead of just constantly pointing out what is wrong, some constructive suggestions should be offered. This section contains a list of proposals that, if implemented, would benefit society. While the details may be difficult to implement, at least they are a starting point.

2. Important Links


CLICK HERE, for the BC Human Rights Code.
CLICK HERE, for Morgane Oger cashing in on victimhood.
CLICK HERE, for instances of abusing human rights tribunals.

3. Quotes From BC HRC

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

This is common throughout the various Provincial Codes. No intent is needed on the part of anyone. Contrast this with criminal law, where intent is a required element.

Purposes
3 The purposes of this Code are as follows:
(a) to foster a society in British Columbia in which there are no impediments to full and free participation in the economic, social, political and cultural life of British Columbia;
(b) to promote a climate of understanding and mutual respect where all are equal in dignity and rights;
(c) to prevent discrimination prohibited by this Code;
(d) to identify and eliminate persistent patterns of inequality associated with discrimination prohibited by this Code;
(e) to provide a means of redress for those persons who are discriminated against contrary to this Code.

A major goal is to promote a climate of understanding and mutual respect. Makes it more difficult when this “respect and understanding” are imposed by force.

Persistent patterns of inequality? However, except the solution is often to impose quotas or affirmative action programs.

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.

Good to know. However, “private” and “intending to be private” are could be open to interpretation. Also, is this not treading dangerously close to supressing free speech?

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.

Yes, hurt feelings, dignity and self respect are worth money. How would you even disprove that?

Can order someone to stop doing something, because a person said their feelings were hurt.

For what it’s worth, is a complaint is found to be not justified it must be dismissed. That’s something.

Exemptions
41 (1) If a charitable, philanthropic, educational, fraternal, religious or social organization or corporation that is not operated for profit has as a primary purpose the promotion of the interests and welfare of an identifiable group or class of persons characterized by a physical or mental disability or by a common race, religion, age, sex, sexual orientation, gender identity or expression, marital status, political belief, colour, ancestry or place of origin, that organization or corporation must not be considered to be contravening this Code because it is granting a preference to members of the identifiable group or class of persons.
(2) Nothing in this Code prohibits a distinction on the basis of age if that distinction is permitted or required by any Act or regulation.

Interesting. You can’t discriminate against people based on protected grounds, unless the entire group is devoted to promoting based on a protected ground.

Of course, this exemption likely wouldn’t apply to men, whites, or straight people.

Special programs
42 (1) It is not discrimination or a contravention of this Code to plan, advertise, adopt or implement an employment equity program that
(a) has as its objective the amelioration of conditions of disadvantaged individuals or groups who are disadvantaged because of race, colour, ancestry, place of origin, physical or mental disability, sex, sexual orientation, or gender identity or expression, and
(b) achieves or is reasonably likely to achieve that objective.
(2) [Repealed 2002-62-23.]
(3) On application by any person, with or without notice to any other person, the chair, or a member or panel designated by the chair, may approve any program or activity that has as its objective the amelioration of conditions of disadvantaged individuals or groups.
(4) Any program or activity approved under subsection (3) is deemed not to be in contravention of this Code.

So it is wrong to discriminate based on “protected grounds” unless those groups are considered “disadvantaged”. Then go for it.

And from Section 41, it is wrong to discriminate against a group. That is unless you are part of a group whose main purpose is to discriminate on other groups.

Non-compellability of commissioner and staff
47.10 (1) Subject to subsection (2), the commissioner, and anyone acting for or under the direction of the commissioner, must not be compelled to give evidence in court or in any other proceedings respecting any information received in the course of exercising powers or performing duties under this Code.
(2) The commissioner, and anyone acting for or under the direction of the commissioner, may be compelled to give evidence in a prosecution of an offence under this Code.

Interesting. Staff “can” be compelled to appear for an HRT hearing, but not for Court or other matters.

Personal liability protection of commissioner and staff
47.11 (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against the commissioner, or against a person acting for or under the direction of the commissioner, because of anything done or omitted
(a) in the exercise or intended exercise of any power under this Code, or
(b) in the performance or intended performance of any duty under this Code.
(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

As long as the Commissioner and staff “claim” that everything is in good faith, then they can’t be held liable. How exactly do you prove “bad faith”?

4. So Why Abolish Entirely?


To summarize (using BC as a model):

  • Intent not necessary to get a finding against you
  • Discrimination okay, if it is your group identity
  • Discrimination okay, if for affirmative action
  • Encroaches on legitimate free speech territory
  • Hurt feelings are grounds for monetary compensation
  • Commissioner and staff, cannot be compelled to appear in outside hearings, REGARDLESS of the power which they are allowed to wield
  • Cannot take action against staff unless you can prove “bad faith”, an almost impossible standard
  • Terminology is broad and open to overreach
  • These tribunals are allowed to behave as courts do, and implement court-style punishments. However, there are almost no standards when it comes to deciding what is a violation.

    Ancient ideas, past their due date.

    Canuck Law Now Certified In Gender Based Analysis Plus (GBA+) Training (Not Satire)

    (Getting into gay marriage)

    (men, women, and non-binary….)

    (Every identity group imaginable)

    (Yes, forestry is sexist, just like construction)

    1. Important Links


    CLICK HERE, to take GBA+ course.
    CLICK HERE, for UN link to “gender inclusive language”.
    CLICK HERE, for previous “peoplekind” review.

    CLICK HERE, for the UN page on gender equality.
    CLICK HERE, for women’s human rights.
    CLICK HERE, for about UN women.
    CLICK HERE, for goal #5 of sustainable development.
    CLICK HERE, for guiding principles of UN women’s advisory, civil society groups.
    CLICK HERE, for the Commission on the Status of Women.
    CLICK HERE, for Canada’s GBA+ (Gender Based Analysis Plus)
    CLICK HERE, for declaration of women’s rights.
    CLICK HERE, for the 1995 Beijing Declaration for Women.
    CLICK HERE, for the 2017 system-strategy for gender parity.
    CLICK HERE, for gender-inclusive language
    CLICK HERE, for guidelines for gender inclusive language.
    CLICK HERE, for tools & training for gender inclusive language.

    2. About The Course

    This course is designed as a basic introduction to GBA+. You will learn to define the key concepts of GBA+ and recognize how various identity factors can influence the experience of federal government initiatives. You will learn to identify how GBA+ can enhance the responsiveness, effectiveness and outcomes of federal government initiatives while applying some foundational GBA+ concepts and processes.

    3. What Is GBA+ About?

    Gender-based Analysis Plus (GBA+) is an analytical process used to assess how diverse groups of women, men and non-binary people may experience policies, programs and initiatives. The “plus” in GBA+ acknowledges that GBA+ goes beyond biological (sex) and socio-cultural (gender) differences. We all have multiple identity factors that intersect to make us who we are; GBA+ also considers many other identity factors, such as race, ethnicity, religion, age, and mental or physical disability.

    To state the glaringly obvious: this “course” embraces intersectionality, oppression complexes, and identity politics.

    Once you have completed this course, you will be able to:
    -Define the key concepts of GBA+
    -Recognize how various identity factors can influence the experience of federal government initiatives
    -Identify how GBA+ can enhance the responsiveness, effectiveness and outcomes of federal government initiatives
    -Apply some foundational GBA+ concepts and processes

    Whatever happened to treating everyone equally?

    This course is designed as a basic introduction to GBA+. Depending on previous experience, you may find the content familiar while others find it new and challenging. Also, depending on your job, you may be required to take additional training in GBA+.

    Kill me now.

    Regardless of your experience, education and current situation, this is your place to begin. The course includes video, graphic and written material for your review, as well as exercises to test your knowledge. Character profiles and case studies will assist you in applying some basic GBA+ concepts and processes. Take as much time as you require, and keep in mind that you can come back to the course as many times as you like.

    Doesn’t seem too difficult….

    You will need to score 80% or higher on this quiz to receive a certificate of completion. If you require a fourth attempt to pass the final quiz, you will be redirected to the beginning of the course.

    Where’s the cyanide when you need it?

    Now that you have gathered some information about the forest sector, it is time to seek out stakeholder perspectives on the issues of innovation and diversification in the forest sector.
    Think about which stakeholders to consider, as well as what value to place on their perspectives. For instance, if you place the highest value on consensus during your consultation and recommendation process, you risk not hearing important minority voices among your stakeholder group.
    Who is traditionally consulted? Who may get left out of the discussion, if, for example, forestry executives are consulted as a key group of stakeholders? Women and Indigenous peoples are under-represented in management positions in the forest sector and on the corporate boards most likely to seek participation in consultations. Are Indigenous leaders consulting the broader community?
    -Will the same engagement process work for all stakeholders? What are potential barriers to participation faced by different groups among your stakeholders?
    -How might socio-economic status and family responsibilities affect access to consultations? Could certain factors prevent front-line workers or women from participating in the discussion? Measures such as holding meetings during working hours might allow these groups to participate.
    -In this case, it would be particularly useful to consult those with knowledge of local ecosystems, including Indigenous forest sector organizations/representatives, community groups and other experts.

    4. Taking The Test


    Question 1 (Select the best answer.)
    Gender is:
    Roles, behaviours, activities, and attributes that a given society may construct or consider appropriate for men and women
    Biological and physiological characteristics that define men, women and intersex persons
    That’s right!

    Question 2 (Select the best answer.)
    GBA+ is conducted to:
    Examine the effects of policies, programs, and initiatives on diverse groups of women, men and non-binary people
    Ensure equality for women
    Promote pay equity
    That’s right!

    Question 3 (True or false.)
    Historical disparities do not need to be considered in the development of new policies, programs, and legislation.
    True
    False
    That’s right!

    Question 4 (True or false.)
    Before you begin developing a policy or program, you will already know whether an issue impacts diverse groups of women, men and non-binary people differently based on your individual experience.
    True
    False
    That’s right!

    Question 5 (Select the best answer. )
    Who is responsible for applying GBA+?
    The head of the organization
    Human resources officials
    Status of Women Canada
    Gender specialists
    Any official in an organization who is contributing to government initiatives
    Deputy Ministers
    That’s right!

    Question 6 (True or false.)
    Conducting GBA+ will always conclude that disparities exist between men and women.
    True
    False
    That’s right!

    Question 7 (Select all that apply.)
    Steps in the GBA+ process include:
    Checking your assumptions
    Gathering information and considering diverse stakeholder perspectives
    Consulting your organization’s Employment Equity policy
    You did not select the correct response(s).

    Question 8 (Select the best answer.)
    Which of these situations reflects bias/discrimination due to intersecting identity factors, as opposed to a single factor?
    A gay, white man is refused a construction job, even though he has all the necessary skills and experience
    An Indigenous woman is refused a job at a factory where many Indigenous men work “on the floor” in the factory and many women work in the administrative office
    That’s right!

    Question 9 (Select the best answer. )
    Parental leave policies are an example of a flexible approach because:
    Women and men are treated the same way
    Both women and men may apply
    It takes into account the evolving needs and circumstances of diverse parents
    That’s right!

    Question 10 (Select all that apply.)
    Documenting the GBA+ process can assist you with:
    Demonstrating to senior management that a thorough analysis has been undertaken in developing options
    Developing communications strategies to explain decisions
    Populating a bibliography
    That’s right!

    5. Final Thoughts


    It was possible to pass the quiz (8 of 10 questions required), on the first try, just from winging it. Just try to imagine the most SJW answers possible.

    Certificate arrived in about 10 minutes.

    The survey insisted on knowing my gender. I am a unicorn.

    CCS #17: Climate Change Blamed For Deliberately Set Fires

    (Prime Minister Justin Trudeau)

    (Environment Minister Catherine McKenna)

    (BC Premier John Horgan)

    (Claims that 2018 BC wildfires were caused by climate change, despite RCMP reports that most, if not all, were arson)

    1. Debunking The Climate Change Scam

    CLICK HERE, for #1: major lies that the climate frauds tell.
    CLICK HERE, for #2: review of the Paris Accord.
    CLICK HERE, for #3: Bill C-97, the GHG Pollution Pricing Act.
    CLICK HERE, for #4: in 3-2 decision, Sask. COA allows carbon tax.
    CLICK HERE, for #5, controlled opposition to carbon tax.
    CLICK HERE, for #6: controlled opposition Cons ==> Supreme Court.
    CLICK HERE, for #7: climate bonds pitched as $100T industry.
    CLICK HERE, for #8, Joel Wood pitching various pricing options.
    CLICK HERE, for #9: Mark Carney and UN climate finance.
    CLICK HERE, for #10: Goldman Sachs, Obama, Clinton, Chicago CX.
    CLICK HERE, for #11: Coronavirus, Pirbright Inst, Gates, Depopulation.
    CLICK HERE, for #12, AOC and the “Green New Deal”.
    CLICK HERE, for #13: UN seeks new development financing.
    CLICK HERE, for #14: New Development Fund, bait-and-switch.
    CLICK HERE, for #15: UN exploring global taxation ideas.
    CLICK HERE, for #16: Dr. Shiva Ayyadurai lays it all out.

    CLICK HERE, for BOLD Like A Leopard Guest Posting.

    2. CBC Debunks Politicians In Scam

    CLICK HERE, for CBC article.

    Firefighters were warned about string of arsons before destructive Lake Country wildfire

    Soon after that disastrous July day, Smith and the other homeowners learned that investigators believed the fire had been set deliberately.

    And then this week, there was more unsettling news — police had connected the Lake Country wildfire to 28 other Okanagan arson cases dating back to 2014. The RCMP have set up a task force to track down the person or people responsible.

    The fires were set in Naramata, Okanagan Falls, Osoyoos, Oliver, Penticton, Summerland and Lake Country — mostly in the interface areas where wilderness meets human habitation.

    The 29 wildfires include, in part, the following:
    July 7, 2014, K50209, Naramata
    July 7, 2014, White Lake Road, Penticton
    July 9, 2014, Richter Pass, Osoyoos
    July 15, 2014, Mt. Kobau, Oliver
    July 15, 2014, Apex Road, Penticton
    July 17, 2014, Reservoir Road / Landfill Road, Penticton
    July 22, 2014, White Lake Road, Okanagan Falls
    Aug. 11, 2014, Chute Lake Road, Naramata
    Aug. 11, 2014, Green Mountain Road, Penticton
    Aug. 13, 2014, White Lake Road, Penticton
    Aug. 19, 2014, North Naramata Road, Naramata
    Sept. 15, 2014, Green Mountain Road, Penticton
    July 2, 2015, Canyon View Road, Summerland
    Aug. 7, 2015, Pampas Grass Way, Oliver
    Aug. 8, 2015, Spiller Road, Penticton
    Aug. 11, 2015, Commonage Road, Lake Country
    Aug. 11, 2015, Beaver Lake Road, Lake Country
    Aug. 12, 2015, Gulch Road, Naramata
    Aug. 14, 2015, White Lake Road, Penticton
    April 9, 2016, Fairview-Cawston Road, Cawston
    Aug. 17, 2016, Commonage Road, Lake Country
    Aug. 17, 2016, Oyama Road, Lake Country
    July 3, 2017, Pixie Beach, Lake Country
    July 15, 2017, Okanagan Centre RoadW, Lake Country
    Sept. 1, 2017, Westhills Road, Penticton
    Sept. 1, 2017, Old Princeton Hwy, Summerland

    This is where things currently are in Canada. “Progressive” politicians in Canada are so eager to push the climate change agenda that they will outright lie about arson in order to suit a narrative.

    It’s disgusting. And worse, it potentially helps the actual arsonist(s) get away, by telling the public there was no crime committed.

    Frank Geels & Disruptive Innovation Framework

    (From actual academic writing: Frank W. Geels)

    (More academia: Sustainable Consumption Institute, Manchester University)

    (Clayton Christiansen and “Disruptive Innovation” video)

    (From the Uppity Peasants site)

    1. Go Check Out Uppity Peasants Site


    This is a fairly new site, however, it has some interesting content on it. Well researched, it will give some alternative views on how we are really being controlled.
    Go check out “Uppity Peasants“.

    2. Important Links


    CLICK HERE, for the Sustainable Consumption Institute & Manchester Institute of Innovation Research, The University of Manchester, Denmark Road Building, M13 9PL, Manchester, United Kingdom.
    CLICK HERE, for Clayton Christiansen and “Disruptive Innovation”.
    CLICK HERE, for SCI Collective Action & Social Movements.
    CLICK HERE, for SCI Social Inequality.
    CLICK HERE, for Multi-Level Perspective on Sustainability.
    CLICK HERE, for a Wiki explanation of disruptive innovation.
    CLICK HERE, for removing the innovator’s dilemma.

    CLICK HERE, for the Climate Change Scam Part I.
    CLICK HERE, for Part II, the Paris Accord.
    CLICK HERE, for Part III, Saskatchewan Appeals Court Reference.
    CLICK HERE, for Part IV, Controlled Opposition to Carbon Tax.
    CLICK HERE, for Part V, UN New Development Funding.

    3. Quotes From The Geels Article

    Disruption and low-carbon system transformation: Progress and new challenges in socio-technical transitions research and the Multi-Level Perspective

    This will be elaborated on, but is about subverted the status quo, or “disruption”. Worth pointing out, that although these types of articles are published and marketed as “science”, they are anything but.

    As this title would suggest, the article is extremely political. The concern is not about science itself, but how to “sell” the science. And the agenda here is searching for political methods of implementing the transition to a Carbon free

    ABSTRACT
    This paper firstly assesses the usefulness of Christensen’s disruptive innovation framework for low-carbon system change, identifying three conceptual limitations with regard to the unit of analysis (products rather than systems), limited multi-dimensionality, and a simplistic (‘point source’) conception of change. Secondly, it shows that the Multi-Level Perspective (MLP) offers a more comprehensive framework on all three dimensions. Thirdly, it reviews progress in socio-technical transition research and the MLP on these three dimensions and identifies new challenges, including ‘whole system’ reconfiguration, multi-dimensional struggles, bi-directional niche-regime interactions, and an alignment conception of change. To address these challenges, transition research should further deepen and broaden its engagement with the social scienceseconomy.

    The usefulness of Christiansen’s disruptive innovation framework? While used in a business sense, it appears to be a way for entrepreneurs to get into a market or business. However, in this context it is used as disrupting an environmental policy.

    It is mildly (or downright) creepy that the author, Frank Geels, openly suggests that research should broaden its engagement with social sciences. In plain English, this means merging, where scientific research is viewed through a “social” lens.

    Christiansen’s “Disruptive Innovation Framework” is explained in the above video. Also see “disruption in financial services“.

    Christensen [4] made important contributions to the long-standing debate in innovation management about new entrants, incumbents and industry structures. He argued that disruptive innovations enable new entrants to ‘attack from below’ and overthrow incumbent firms. Christensen thus has a particular understanding of disruption, focused mainly on the competitive effects of innovations on existing firms and industry structures. His framework was not developed to address systemic effects or broader transformations, so my comments below are not about the intrinsic merits of the framework, but about their usefulness for low-carbon transitions.

    Christensen’s disruptive innovation framework offers several useful insights for low-carbon transitions (although similar ideas can also be found elsewhere). First, it suggests that incumbent firms tend to focus their innovation efforts on sustaining technologies (which improve performance along established criteria), while new entrants tend to develop disruptive technologies (which offer different value propositions). Second, it proposes that disruptive technologies emerge in small peripheral niches, where early adopters are attracted by the technology’s new functionalities. Third, incumbent firms may initially overlook or under-estimate disruptive technologies (because of established beliefs) or are not interested in them, because the limited return on-investments associated with small markets do not fit with existing business models. Fourth, price/performance improvements may enable disruptive technologies to enter larger markets, out-compete existing technologies and overthrow incumbent firms

    Worth pointing out right away, Geels has no interest in the “intrinsic merits” of the disruptive innovation framework that Christiansen talks about. Rather, he focuses on applying that technique to reducing/eliminating Carbon emissions from society.

    Christiansen’s idea could be applied fairly practically to business, where new players want to establish themselves. However, Geels “weaponizes” this idea and wants to apply it with the climate-change agenda.

    Geels also makes it obvious that overthrowing incumbents is a priority. Again, Christiansen’s writings were meant with the business approach, and trying to start your own, but Geels “repurposes” it.

    While Christensen’s framework focuses on technical and business dimensions, the MLP also accommodates consumption, cultural, and socio-political dimensions. Although co-evolution has always been a core concept in the MLP, this is even more important for low-carbon transitions, which are goal-oriented or ‘purposive’ in the sense of addressing the problem of climate change. This makes them different from historical transitions which were largely ‘emergent’, with entrepreneurs exploiting the commercial opportunities offered by new technology

    [27]. Because climate protection is a public good, private actors (e.g. firms, consumers) have limited incentives to address it owing to free rider problems and prisoner’s dilemmas. This means that public policy must play a central role in supporting the emergence and deployment of low-carbon innovations and changing the economic frame conditions (via taxes, subsidies, regulations, standards) that incentivize firms, consumers and other actors. However, substantial policy changes involve political struggles and public debate because: “[w]hatever can be done through the State will depend upon generating widespread political support from citizens within the context of democratic rights and freedoms” ([28]: 91).

    Again, Geels hijacking a legitimate business concept, but using it for his enviro agenda.

    How to implement this? Taxes, subsidies, regulations, standards for businesses and consumers. Use these to regulate and influence behaviour.

    Geels rightly says that widespread political support will be needed. But he frames the climate change scam as a way to protect rights and freedoms. Nice bait-and-switch.

    Conceptually, this means that we should analyse socio-technical transitions as multi-dimensional struggles between niche-innovations and existing regimes. These struggles include: economic competition between old and new technologies; business struggles between new entrants and incumbents; political struggles over adjustments in regulations, standards, subsidies and taxes; discursive struggles over problem framings and social acceptance; and struggles between new user practices and mainstream ones.

    Despite Geels’ article being published in the Journal, “ENERGY RESEARCH AND SOCIAL SCIENCE”, this anything but scientific. If anything, it seems analogous to the “lawfare” that Islamic groups perpetuate on democratic societies.

    While Geels promotes economic competition, this is anything but a fair competition. He also calls for:

    • Political struggles over regulations
    • New standards
    • Subsidies
    • Taxes
    • Discursive struggles over problem framings & social acceptance
    • Struggles between new and mainstream user practices

    There is nothing scientific here. This is a call for using “political” manoeuvering for achieving social goals.

    The importance of public engagement, social acceptance and political feasibility is often overlooked in technocratic government strategies and model-based scenarios, which focus on techno-economic dimensions to identify least-cost pathways [32]. In the UK, which is characterized by closed policy networks and top-down policy style, this neglect has led to many problems, which are undermining the low carbon transition.

    • Onshore wind experienced local protests and permit problems, leading to negative public discourses and a political backlash, culminating in a post-2020 moratorium.

    • Shale gas experienced public controversies after it was pushed through without sufficient consultation.

    • Energy-saving measures in homes were scrapped in 2015, after the Green Deal flagship policy(introduced in2013) spectacularly failed, because it was overly complicated and poorly designed, leading to limited uptake.

    • The 2006 zero-carbon homes target, which stipulated that all new homes should be carbon-neutral by 2016, was scrapped in 2015, because of resistance by major housebuilders and limited consumer interest.

    • The smart meter roll-out is experiencing delays, because of controversies over standards, privacy concerns, and distribution of benefits (between energy companies and consumers).

    While these points are in fact true, Geels suggests that problems could have been avoided if there was sufficient public consultation. This is wishful thinking.

    These points raise many legitimate concerns with the eco-agenda. Yet Geels shrugs them off as the result of not engaging the public enough.

    Christensen and other innovation management scholars typically adopt a ‘point source’ approach to disruption, in which innovators pioneer new technologies, conquer the world, and cause social change. Existing contexts are typically seen as ‘barriers’ to be overcome. This ‘bottom-up’ emphasis also permeates the Strategic Niche Management and Technological Innovation System literatures. While this kind of change pattern does sometimes occur, the MLP was specifically developed to also accommodate broader patterns, in which niche-innovations diffuse because they align with ongoing processes at landscape- or regime-levels [9].

    The MLP thus draws on history and sociology of technology, where processual, contextual explanations are common. Mokyr [58], for instance, emphasizes that “The new invention has to be born into a socially sympathetic environment” (p. 292) and that “Macro-inventions are seeds sown by individual inventors in a social soil. (.) But the environment into which these seeds are sown is, of course, the main determinant of whether they will sprout” (p. 299). So, if radical innovations face mis-matches with economic, socio-cultural or political contexts, they may remain stuck in peripheral niches, hidden ‘below the surface’.

    Since low-carbon transitions are problem-oriented, transition scholars should not only analyse innovation dynamics, but also ‘issue dynamics’ because increasing socio-political concerns about climate change can lead to changes in regime-level institutions and selection environments. Societal problems or ‘issues’ have their own dynamics in terms of problem definition and socio-political mobilization as conceptualized, for instance, in the issue lifecycle literature [59,50]. Low carbon transitions require stronger ‘solution’ and problem dynamics, and their successful alignment, which is not an easy process, as the examples below show.

    These passages go into marketing strategies, and ways to “frame an argument”. Notice not once does Geels suggest doing more research, or checking the reliability of existing data. Instead, this is a push for emotional manipulation and shameless advertising.

    Invention has to be born into a socially sympathetic environment. Science be damned.

    There are also positive developments, however, that provide windows of opportunity. Coal is losing legitimacy in parts of the world, because it is increasingly framed as dirty, unhealthy and old-fashioned, and because oil and gas companies are distancing themselves from coal, leading to cracks in the previously ‘closed front’ of fossil fuel industries. The UK has committed to phasing out coal-fired power plants by 2025 and several other countries (Netherlands, France, Canada, Finland, Austria) also move in this direction, providing space for low-carbon alternatives, including renewables.

    I would actually agree that coal being phased out would benefit society. However, Geels makes it a “marketing” issue rather than a scientific one. Coal is “increasingly framed” as dirty. Notice that the actual science, such as from this site, are very rarely described.

    Following chemical reactions takes place in the combustion of coal with the release of heat:
    C + O2 = CO2 + 8084 Kcal/ Kg of carbon (33940 KJ/Kg)
    S + O2 = SO2 + 2224 Kcal/Kg of sulfur (9141 KJ/Kg)
    2 H2 + O2 = 2 H2O + 28922 Kcal/Kg of hydrogen (142670 KJ/Kg)
    2C + O2 = 2CO + 2430 Kcal/Kg of carbon (10120 KJ/Kg)

    4. Geels’ Conclusions

    The paper has also identified several research challenges, where the transitions community could fruitfully do more work. First, we should broaden our analytical attention from singular niche-innovations (which permeate the literature) to ‘whole system’ change. This may involve changes in conceptual imagery (from ‘point source’ disruption to gradual system reconfiguration) and broader research designs, which analyze multiple niche-innovations and their relations to ongoing dynamics in existing systems and regimes. That, in turn, may require more attention for change mechanisms like add-on, hybridisation, modular component substitution, knock-on effects, innovation cascades, multi regime interaction.

    Second, we should better understand regime developments. Existing regimes can provide formidable barriers for low-carbon transitions. Incumbent actors can resist, delay or derail low-carbon transitions, but they can also accelerate them if they reorient their strategies and resources towards niche-innovations. The analysis of niche-to-regime dynamics (as in the niche empowerment literature) should thus be complemented with regime-to-niche dynamics, including incumbent resistance or reorientation. Additionally, we need more nuanced conceptualizations and assessments of degrees of lock-in, tensions, cracks, and destabilisation.

    Third, we need greater acknowledgement that socio-technical systems are a special unit of analysis, which spans the social sciences and can be studied through different lenses and at different levels. The recent trend towards deepening our understanding of particular dimensions and societal groups is tremendously fruitful, because disciplinary theories offer more specific causal mechanisms. But, as a community, we should complement this with broad analyses of co-evolution, alignment, multi-dimensionality and ‘whole systems’.

    This all sounds elegant, but read between the lines. It is about influencing public perception. Whenever academics, lawyers or politicians seem to make things confusing we need to ask: are they trying to obscure their goals?

    5. More About Frank W. Geels

    Selected publications of Geels
    If you would like a broader cross section of Geels’ work, perhaps these publications will be of interest.

    • Geels, F.W., Berkhout, F. and Van Vuuren, D., 2016, Bridging analytical approaches for low-carbon transitions, Nature Climate Change, 6(6), 576-583
    • Geels, F.W., Kern, F., Fuchs, G., Hinderer, N., Kungl, G., Mylan, J., Neukirch, M., Wassermann, S., 2016, The enactment of socio-technical transition pathways: A reformulated typology and a comparative multi-level analysis of the German and UK low-carbon electricity transitions (19902014), Research Policy, 45(4), 896-913
    • Turnheim, B., Berkhout, F., Geels, F.W., Hof, A., McMeekin, A., Nykvist, B., Van Vuuren, D., 2015, Evaluating sustainability transitions pathways: Bridging analytical approaches to address governance challenges, Global Environmental Change, 35, 239–253
    • Penna, C.C.R. and Geels, F.W., 2015, ‘Climate change and the slow reorientation of the American car industry (1979-2011): An application and extension of the Dialectic Issue LifeCycle (DILC) model’, Research Policy, 44(5), 1029-1048
    • Geels, F.W., 2014, ‘Regime resistance against low-carbon energy transitions: Introducing politics and power in the multi-level perspective’, Theory, Culture & Society, 31(5), 21-40
    • Geels, F.W., 2013, ‘The impact of the financial-economic crisis on sustainability transitions: Financial investment, governance and public discourse’, Environmental Innovation and Societal Transitions, 6, 67-95
    • Geels, F.W., 2012, ‘A socio-technical analysis of low-carbon transitions: Introducing the multi-level perspective into transport studies’, Journal of Transport Geography, 24, 471-482
    • Geels, F.W., Kemp, R., Dudley, G. and Lyons, G. (eds.), 2012, Automobility in Transition? A Socio Technical Analysis of Sustainable Transport, New York: Routledge
    • Verbong, G.P.J. and Geels, F.W., 2010, ‘Exploring sustainability transitions in the electricity sector with socio-technical pathways’, Technological Forecasting and Social Change, 77(8), 12141221 Verbong, G.P.J. and Geels, F.W., 2007, ‘The ongoing energy transition: Lessons from a sociotechnical, multi-level analysis of the Dutch electricity system (1960-2004)’, Energy Policy, 35(2), 1025-1037
    • Geels, F.W., 2002, ‘Technological transitions as evolutionary reconfiguration processes: A multi-level perspective and a case-study’, Research Policy, 31(8/9), 1257-1274

    Frank Geels publicly available CV
    Education
    • Ph.D., Science, Technology and Innovation Studies, Twente University of Technology (Jan. 1998- July 2002), Netherlands. Supervisors: Arie Rip and Johan Schot. Title PhD thesis: Understanding the Dynamics of Technological Transitions: A co-evolutionary and socio-technical analysis.
    • Masters degree in Philosophy of Science, Technology and Society, Twente University of Technology (1991-1996)
    • Bachelor degree in Chemical Engineering, Twente University of Technology (1989-1991)

    For what it’s worth, his formal education is pretty impressive. Where I lose respect is when he deviates from scientific argument in favour of political discourse. What could be very interesting work is corrupted be having an agenda.

    His undergraduate degree is chemical engineering, which again, is very respectable. However, his Masters and PhD show a deviation from science and research.

    While there are many other such authors, Frank W. Geels is a good case of what happens when political agendas and manoeuvering creep into science.

    A morbidly fascinating topic. Check out some of his other publications.

    Committee for Monetary and Economic Reform (COMER) Case, Bank Of Canada

    An update on this is coming soon.
    It’s time to go through this again.

    1. From COMER’s 2011 Press Release

    The action also constitutionally challenges the government’s fallacious accounting methods in its tabling of the budget by not calculating nor revealing the true and total revenues of the nation before transferring back “tax credits” to corporations and other taxpayers.

    The Plaintiffs state that since 1974 there has been a gradual but sure slide into the reality that the Bank of Canada and Canada’s monetary and financial policy are dictated by private foreign banks and financial interests contrary to the Bank of Canada Act.

    The Plaintiffs state that the Bank of International Settlements (BIS), the Financial Stability Forum (FSF) and the International Monetary Fund (IMF) were all created with the cognizant intent of keeping poorer nations in their place which has now expanded to all nations in that these financial institutions largely succeed in over-riding governments and constitutional orders in countries such as Canada over which they exert financial control.

    The Plaintiffs state that the meetings of the BIS and Financial Stability Board (FSB) (successor of FSF), their minutes, their discussions and deliberations are secret and not available nor accountable to Parliament, the executive, nor the Canadian public notwithstanding that the Bank of Canada policies directly emanate from these meetings. These organizations are essentially private, foreign entities controlling Canada’s banking system and socio-economic policies.

    The gist of the press release, and of the Claim overall, is that Canada’s banking system has been hijacked and usurped. As such, it is controlled by foreign entities such as the Bank of International Settlements and the International Monetary Fund.

    As was outlined in the last article, Canada’s banking “was” effectively turned over. The result is that Canada, instead of loaning money to itself, is now borrowing from private banks. As such, it is being bled dry.

    In fact, COMER’s claims can be easily validated by online research. The question for the Court to decide: is this actually legal?

    2. Ruling Striking Out Statement of Claim

    [5] The core elements of COMER’s Claim can be reduced to three parts:
    1. The Bank of Canada (Bank) and Crown refuse to provide interest-free loans for capital expenditures.
    2. The Crown uses flawed accounting methods in describing public finances, which provides the rationale for refusing to grant such loans.
    3. These and other harms are caused by the Bank being controlled by private foreign interests.

    The Pronothary summarizing the main issues the Plaintiffs raise

    Discussion
    [41] Against these competing positions, it must be remembered that the test for striking an action is a high one. The action must be bereft of any chance of success and as noted above just because it is a novel cause of action it does not automatically fail.[26]

    [42] The Supreme Court of Canada has recently summarized the principles to be applied on a motion to strike. In R. v. Imperial Tobacco Canada Ltd.,[27] the Chief Justice, writing for the Court made the following observations regarding a motion to strike:

    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 (CanLII), [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 [page 67] 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 (CanLII), [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.

    . . .

    21. Valuable as it is, the motion to strike is a tool that must be used with care. The law is not static and unchanging. Actions that yesterday were deemed hopeless may tomorrow succeed. Before Donoghue v. Stevenson, [1932] A.C. 562 (H.L.) introduced a general duty of care to one’s neighbour premised [page68] on foreseeability, few would have predicted that, absent a contractual relationship, a bottling company could be held liable for physical injury and emotional trauma resulting from a snail in a bottle of ginger beer. Before Hedley Byrne & Co. v. Heller & Partners, Ltd., [1963] 2 All E.R. 575 (H.L.), a tort action for negligent misstatement would have been regarded as incapable of success. The history of our law reveals that often new developments in the law first surface on motions to strike or similar preliminary motions, like the one at issue in Donoghue v. Stevenson. Therefore, on a motion to strike, it is not determinative that the law has not yet recognized the particular claim. The court must rather ask whether, assuming the facts pleaded are true, there is a reasonable prospect that the claim will succeed. The approach must be generous and err on the side of permitting a novel but arguable claim to proceed to trial.

    What we can gain from this is that striking out a Statement of Claim is something that must be done cautiously, and only when it is plain and obvious that there is no chance to succeed.

    Some of what may be “struck out” now, may in fact later be the basis for new laws, so the Courts should exercise caution and not jump to conclusions.

    [30] The Crown further contends that COMER’s claim is outside this Court’s jurisdiction as it fails to meet the three-part test set out in ITO-International Terminal Operators Ltd v. Miida Electronics Inc.[21] In ITO, the Supreme Court considered the jurisdiction of the Federal Court in the context of an admiralty action. The Supreme Court determined that jurisdiction in the Federal Court depends on three factors:
    1. There must be a statutory grant of jurisdiction by the Federal Parliament.
    2. There must be an existing of body of federal law which is essential to the disposition of the case and which nourishes the statutory grant of jurisdiction.
    3. The law on which the case is based must be a “law of Canada” as the phrase is used in s. 101 of the Constitution Act, 1867 [page 766]

    [57] The jurisdictional issue raised by the Crown engages the three part test set out in ITO as discussed above. The Crown argues that this Court has no jurisdiction to entertain tort claims against Federal authorities.

    [58] However, pursuant to sections 2, 17 and 18 of the Federal Courts Act, the wording is sufficiently wide to capture these types of claims against federal actors and Crown servants. It is therefore not plain and obvious that this Court is without jurisdiction to entertain claims seeking declaratory relief as here.

    One of the major contentions is that the Government alleged that the Federal Court had no jurisdiction to even hear the case. The Pronothary took a different view. However, there were other problems which ended with this.

    [71] There is ample authority in this Court and in the jurisprudence generally that where a claim has some kernel of a legitimate claim it should not be tossed aside but permitted to be amended to determine if the clam in law can be cured.[45]

    [72] Given that the Claim, in my view, is not justiciable, leave to amend will not cure the defects. Leave to amend is therefore not granted.

    The case was thrown out on a motion to strike. However, that will not be the end of it. The Plaintiffs would appeal to a Justice of the Federal Court.

    3. COMER Appeals Dismissal


    (See here.)

    The striking out (without permission to amend) was appealed to a Justice of the Federal Court. This was a partial victory, as the dismissal “was” upheld, but it allowed the Plaintiff’s to file an amended Claim. This would be another “chance” to get it right.

    4. COMER Tries To File Again


    (See here.)
    After the Justice of the Federal Court upheld the dismissal (but giving leave to amend the Statement of Claim), COMER appealed to the Federal Court of Appeal, and the Government cross-appealed.

    In short, the Plaintiffs were trying to get the dismissal overturned entirely, while the Government tried to remove the clause to allow COMER to file an amended Statement of Claim.

    The Federal Appeals Court panel (3 Justices) threw out both the appeal and cross-appeal.

    5. COMER’s Amended Statement Thrown Out


    (See here.)

    [66] In terms of the general principles that ought to be applied on a motion to strike, the Plaintiffs assert that the facts pleaded by the Plaintiffs must be taken as proven: Canada (Attorney General) v Inuit Tapirasat of Canada, 1980 CanLII 21 (SCC), [1980] 2 SCR 735; Nelles v Ontario (1989), DLR (4th) 609 (SCC) [Nelles]; Operation Dismantle, above; Hunt v Carey Canada Inc 1990 CanLII 90 (SCC), [1990] 2 SCR 959 [Hunt]; Dumont v Canada (Attorney General), 1990 CanLII 131 (SCC), [1990] 1 SCR 279 [Dumont]; Nash v Ontario (1995), 1995 CanLII 2934 (ON CA), 27 OR (3d) 1 (Ont CA) [Nash]; Canada v Arsenault, 2009 FCA 242 (CanLII) [Arsenault].

    [67] The Plaintiffs echo the test referenced by the Defendants, asserting that a claim can be struck only in plain and obvious cases where the pleading is bad beyond argument: Nelles, above, at para 3. The Court has provided further guidance in Dumont, above, that an outcome should be “plain and obvious” or “beyond doubt” before striking can be invoked (at para 2). Striking cannot be justified by a claim that raises an “arguable, difficult or important point of law”: Hunt, above, at para 55.

    [68] The novelty of the Amended Claim is not reason in and of itself to strike it: Nash, above, at para 11; Hanson v Bank of Nova Scotia (1994), 1994 CanLII 573 (ON CA), 19 OR (3d) 142 (CA); Adams-Smith v Christian Horizons (1997), 3 OR (3d) 640 (Ont Gen Div). Additionally, matters that are not fully settled by the jurisprudence should not be disposed of on a motion to strike: RD Belanger & Associates Ltd v Stadium Corp of Ontario Ltd (1991), 1991 CanLII 2731 (ON CA), 5 OR (3d) 778 (CA). In order for the Defendants to succeed, the Plaintiffs state that a case from the same jurisdiction that squarely deals with, and rejects, the very same issue must be presented: Dalex Co v Schwartz Levitsky Feldman (1994), 19 OR (3d) 215 (CA). The Court should be generous when interpreting the drafting of the pleadings, and allow for amendments prior to striking: Grant v Cormier – Grant et al (2001), 2001 CanLII 3041 (ON CA), 56 OR (3d) 215 (CA).

    [69] The Plaintiffs also remind the Court that the line between fact and evidence is not always clear (Liebmann v Canada, 1993 CanLII 3006 (FC), [1994] 2 FC 3 at para 20) and that the Amended Claim must be taken as pleaded by the Plaintiffs, not as reconfigured by the Defendants: Arsenault, above, at para 10.

    Plaintiffs arguing that the Defendant has not actually met the burden to strike out a Statement of Claim. However, the Justice decides differently.

    [137] In the present case, the Plaintiffs have not, in their Amended Claim, pleaded facts to demonstrate a “real” issue concerning the relative interests of each party, and the nexus of that real issue to the Plaintiffs and their claim for relief. Although as I pointed out in my Order of April 24, 2014, the Plaintiffs do distinguish between legal issues and policy issues, the legal issues remain theoretical with no real nexus to some interest of the Plaintiffs, other than an interest in having the Court endorse their opinion on the Bank Act issues raised.

    [138] The Plaintiffs have not addressed the jurisdictional problems I referred to in paras 85 to 91 of my Order of April 24, 2014 and/or what might generally be referred to as the jurisdiction of the Court to entertain, or its willingness to grant, free-standing requests for declaration.

    The Justice Rules that the original problems are left unfixed. As such, the case is thrown out. This time, there is no leave to amend, so if this is to continue, it must go back to the Federal Court of Appeals.

    6. Return to Federal Court of Appeals


    (See here.)

    [9] The essence of the Federal Court judge’s reasoning for striking the amended statement of claim is summed up at paragraph 144 of his reasons: It seems to me, then, that the latest Amended Claim discloses no reasonable cause of action and has no prospect of success at trial. It also seems to me that the Plaintiffs are still asking the Court for an advisory opinion in the form of declarations that their view of the way the Bank Act and the Constitution should be read is correct. It also seems to me that they have failed to show a statutory grant of jurisdiction by Parliament that this Court can entertain and rule on their claim as presently constituted, or that they have any specific rights under the legislation which they invoke, or a legal framework for any such rights. As the Supreme Court of Canada pointed out in Operation Dismantle, above, the preventive function of a declaratory judgment must be more than hypothetical and requires “a cognizable threat to a legal interest before the Court will entertain the use of its process as a preventative measure” (para 33). The Court is not here to declare the law generally or to give an advisory opinion. The Court is here to decide and declare contested legal rights.

    [10] The appellants assert that the opinion so expressed is wrong in law. In support of this proposition, they essentially reiterate the arguments which they urged upon the Federal Court judge and ask that we come to a different conclusion. Counsel for the appellants focused his argument during the hearing on the issue of standing and the right to seek declarations of constitutionality. It remains however that, as the Federal Court judge found, the right to a remedy is conditional on the existence of a justiciable issue.

    The Federal Appeals Court believes that COMER is still asking for an advisory opinion. Furthermore, the FCA still believes that no justiciable issue has been raised.

    7. Supreme Court of Canada Declines To Hear Case


    (See here.)

    The Supreme Court refuses to hear the case, which means it is legally over. It would have been nice to have some actual reasons included. However, due to the volume of cases it receives, rejected applications generally don’t receive them.

    Despite repeated rejection by the Courts, the questions about the changes in banking policy were never really addressed. Does giving control of our central bank to foreign powers break the law?

    This is supposedly a “political” issue, but no politicians are willing to talk about it.

    As of now, Canada is still borrowing money from private banks, as opposed to ourselves. We are racking up huge levels of debt that we shouldn’t be.

    INITIAL PLEADING STRUCK WITHOUT LEAVE TO AMEND:
    (1) COMER Statement Of Claim December 2011
    (2) COMER Amended Statement Of Claim January 2012
    (3) COMER Defendants Motion Record March 2012
    (4) COMER Defendants Notice Of Motion March 2012
    (5) COMER Defendants Written Submissions March 2012
    (6) https://www.canlii.org/en/ca/fct/doc/2013/2013fc855/2013fc855.html

    RULE 51 MOTION FOR REVIEW, LEAVE TO AMEND GRANTED:
    (1) COMER Moving Party Motion Record August 2013
    (2) COMER Defendants Motion Record November 2013
    (3) https://www.canlii.org/en/ca/fct/doc/2014/2014fc380/2014fc380.html

    FIRST APPEAL, CROSS-APPEAL BOTH DISMISSED:
    (1) COMER Notice Of Appeal April 2014
    (2) COMER Appellants Memorandum Of Fact And Law August 2014
    (3) https://www.canlii.org/en/ca/fca/doc/2015/2015fca20/2015fca20.html

    SECOND MOTION TO STRIKE, NO LEAVE TO AMEND:
    (1) COMER Amended Statement Of Claim March 2015
    (2) COMER Defendants Motion Record April 2015
    (3) COMER Defendants Written Submissions April 2015
    (4) COMER Plaintiff Responding Motion Record April 2015
    (5) COMER Plaintiff Responding Motion Record April 2015
    (6) https://www.canlii.org/en/ca/fct/doc/2016/2016fc147/2016fc147.html

    SECOND APPEAL, DISMISSED:
    (1) COMER Notice Of Appeal March 2016
    (2) https://www.canlii.org/en/ca/fca/doc/2016/2016fca312/2016fca312.html

    LEAVE TO APPEAL, SCC, DENIED:
    (1) https://www.canlii.org/en/ca/scc-l/doc/2017/2017canlii25790/2017canlii25790.html