Category: Canada

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Canada’s Bill C-69: Impact Assessment, Energy Regulation, Navigation Protection Acts

(Canada’s Bill C-69)

(Apparently, science is “Colonial”, in S. Africa anyway)

(Science is so racist, apparently)

(One of the few times “White” science is good)

CLICK HERE, for the bill in its latest form, which is currently undergoing 3rd reading in House of Commons.

CLICK HERE, for 2012 version of Environmental Assessment Act.
CLICK HERE, for the 1985 Navigation Protection Act.
CLICK HERE, for Energy Regulator Handbook.

SUMMARY HERE
If nothing else, take these points away:

-Regulators have wide discretion to shut everything down
-Regulators have wide discretion to hand out fines and penalties
-Gender based analysis is lens which projects to be viewed though
-Indigenous rights ensure that any project can be stopped almost at will
-Advisory Board must include (a) FN; (b) Inuit; (c) Metis
-“White Science” and “Indigenous Knowledge” to both be considered
-“Indigenous Knowledge” is confidential, unless common knowledge
-“Indigenous Knowledge” given to regulator is private unless public interest to disclose.
-“Indigenous Knowledge” is some secret sauce that can shut down projects, but must be kept confidential to protect …. something.
-Special Tribunal can be set up for compensation in pipeline spills

THIS CAN BE CHALLENGED IN FEDERAL COURT

Federal Court

Appeal to Federal Court

138 The Minister or any person or entity to whom an order, as confirmed or varied by a review officer, is directed may, by filing a written notice of appeal within 30 days after the day on which the written reasons are provided by the review officer under section 135, appeal to the Federal Court from the review officer’s decision.

Order not suspended

139 The filing of a notice of appeal under section 138 does not suspend the operation of an order, as confirmed or varied by a review officer.

Injunctions

Court’s power

140 (1) If, on the Minister’s application, it appears to a court of competent jurisdiction that a person or entity has done, is about to do or is likely to do any act constituting or directed toward the commission of an offence under this Act, the court may issue an injunction ordering the person or entity who is named in the application to
(a) refrain from doing an act that, in the court’s opinion, may constitute or be directed toward the commission of the offence; or
(b) do an act that, in the court’s opinion, may prevent the commission of the offence.

Notice

(2) No injunction is to be issued under subsection (1) unless 48 hours’ notice is served on the party or parties who are named in the application or unless the urgency of the situation is such that service of notice would not be in the public interest.

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Judicial Review

Grounds

170 Subject to section 168, every decision of a Tribunal is final and conclusive and is not to be questioned or reviewed in any court except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.‍1(4)‍(a), (b) or (e) of that Act.

Good to know…. this may come in handy later.

Also, there is a section on discrimination. Of course, with this government, no legislation would be complete without it. However, the terms here seem to suggest more of a “price fixing” nature than actual discrimination. Read for yourself.

Discrimination

No unjust discrimination

235 A company must not make any unjust discrimination in tolls, service or facilities against any person or locality.

Burden of proof

236 If it is shown that a company makes any discrimination in tolls, service or facilities against any person or locality, the burden of proving that the discrimination is not unjust lies on the company.

Prohibition

237 (1) A company or shipper, or an officer, employee or agent or mandatary of a company or shipper, is guilty of an offence punishable on summary conviction if they
(a) offer, grant, give, solicit, accept or receive a rebate, concession or discrimination that allows a person to obtain transmission of hydrocarbons or any other commodity by a company at a rate less than that named in the tariffs then in effect; or
(b) knowingly are party or privy to a false billing, false classification, false report or other device that has the effect set out in paragraph (a).

Due diligence

(2) A person is not to be found guilty of an offence under paragraph (1)‍(a) if they establish that they exercised due diligence to prevent the commission of the offence.

Prosecution

(3) No prosecution may be instituted for an offence under this section without leave of the Commission.

Introduction To The Bill
Preamble
Whereas the Government of Canada is committed to implementing an impact assessment and regulatory system that Canadians trust and that provides safeguards to protect the environment and the health and safety of Canadians;

Whereas the Government of Canada is committed to enhancing Canada’s global competitiveness by building a system that enables decisions to be made in a predictable and timely manner, providing certainty to investors and stakeholders, driving innovation and enabling the carrying out of sound projects that create jobs for Canadians;

Whereas the Government of Canada is committed to achieving reconciliation with First Nations, the Métis and the Inuit through renewed nation-to-nation, government-to-government and Inuit-Crown relationships based on recognition of rights, respect, co-operation and partnership;

Whereas the Government of Canada is committed to using transparent processes that are built on early engagement and inclusive participation and under which the best available scientific information and data and the Indigenous knowledge of the Indigen­ous peoples of Canada are taken into account in decision-making;

And whereas the Government of Canada is committed to assessing how groups of women, men and gender-diverse people may experience policies, programs and projects and to taking actions that contribute to an inclusive and democratic society and allow all Canadians to participate fully in all spheres of their lives;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1/ Safeguards to protect the environment, and H&S of Canadians? Okay, few could disagree with that.
2/ Promoting competitiveness sounds great, if that is what the Bill does.
3/ Committed to reconciliation? Okay, here is where we start to have issues. Will development be blocked or rerouted in the name of “reconciliation”? Or will there be extra “taxes” attached?
4/ Inclusive participation? Isn’t that redundant? And best scientific information and data “and” the Indigenous knowledge of the Indigenous peoples are taken into account?

*** So is there Indigenous knowledge and non-Indigenous science and data? See the above video on “decolonizing science”

5/ Committed to assessing how groups of women, men and gender-diverse people may experience things? Okay, back to the gender obsession. And is “gender diverse” a reference to trannies, or just mixed men/women?
6/ I thought this was a science based approach. Now it’s being infiltrated by (a) Indigenous knowledge and (b) Gender politics.

Okay, now we get to “another” preamble,

PART 1 

Impact Assessment Act

Enactment of Act

Enactment

1 The Impact Assessment Act, whose Schedules 1 to 4 are set out in the schedule to this Act, is enacted as follows:

An Act respecting a federal process for impact assessments and the prevention of significant adverse environmental effects

Preamble
Whereas the Government of Canada is committed to fostering sustainability;

Whereas the Government of Canada recognizes that impact assessments provide an effective means of integrating scientific information and Indigenous knowledge into decision-making processes related to designated projects;

Whereas the Government of Canada recognizes the importance of public participation in the impact assessment process, including the planning phase, and is committed to providing Canadians with the opportunity to participate in that process and with the information they need in order to be able to participate in a meaningful way;

Whereas the Government of Canada recognizes that the public should have access to the reasons on which decisions related to impact assessments are based;

Whereas the Government of Canada is committed, in the course of exercising its powers and performing its duties and functions in relation to impact, regional and strategic assessments, to ensuring respect for the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982, and to fostering reconciliation and working in partnership with them;

Whereas the Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples;

Whereas the Government of Canada recognizes the importance of cooperating with jurisdictions that have powers, duties and functions in relation to the assessment of the effects of designated projects in order that impact assessments may be conducted more efficiently;

Whereas the Government of Canada recognizes that a transparent, efficient and timely decision-making process contributes to a positive investment climate in Canada;

Whereas the Government of Canada recognizes that impact assessment contributes to Canada’s ability to meet its environmental obligations and its commitments in respect of climate change;

Whereas the Government of Canada recognizes the importance of encouraging innovative approaches and technologies to reduce adverse changes to the environment and to health, social or economic conditions;

And whereas the Government of Canada recognizes the importance of regional assessments in understanding the effects of existing or future physical activities and the importance of strategic assessments in assessing federal policies, plans or programs that are relevant to conducting impact assessments;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1/ The Government of Canada is committed to sustainability? Okay, sounds nice, but that can get very expensive. See Agenda 21, signed in 1992 by Brian Mulroney, and Agenda 2030, signed in 2015 by Stephen Harper. Interestingly, Mulroney and Harper both “identify” as Conservatives.
2/ Integrating scientific information and Indigenous knowledge? Again, is there a separate set of scientific principles depending on skin colour or ethnicity? Science is so racist.
3/ Committed to public participation, yet this is an omnibus bill rammed though parliament
4/ Fostering reconciliation and inclusion? So will protests be shutting down any projects? Will “payments” be demanded?
5/ You support UN Declaration on Indigenous Rights? Okay, that agreement means that virtually any work can be shut down at any time, for any reason.
6/ Meet it’s international efforts regarding climate change? Silly me, thinking Paris Accord was “non-binding”

Note: There is a preamble for the Energy Regulator Act, and it’s wording is almost identical.

Rights of Indigenous peoples of Canada

3 For greater certainty, nothing in this Act is to be construed as abrogating or derogating from the protection provided for the rights of the Indigenous peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

Again, any project can be shut down on a whim.

Purpose

Purpose of Act

6 The purpose of this Act is to regulate certain energy matters within Parliament’s jurisdiction and, in particular,

(a) to ensure that pipelines and power lines as well as facilities, equipment or systems related to offshore renewable energy projects, are constructed, operated and abandoned in a manner that is safe, secure and efficient and that protects people, property and the environment;
(b) to ensure that the exploration for and exploitation of oil and gas, as defined in section 2 of the Canada Oil and Gas Operations Act, is carried out in a manner that is safe and secure and that protects people, property and the environment;
(c) to regulate trade in energy products; and
(d) to ensure that regulatory hearings and decision-making processes related to those energy matters are fair, inclusive, transparent and efficient.

(a) No problem with this.
(b) No problem with this.
(c) Stop. Government shouldn’t be regulating trade. It just makes things more expensive.
(d) Make decisions that are inclusive? Getting back into the gender politics again?

Mandate

11 The Regulator’s mandate includes

(a) making transparent decisions, orders and recommendations with respect to pipelines, power lines, offshore renewable energy projects and abandoned pipelines;
(b) overseeing the construction, operation and abandonment of pipelines, interprovincial power lines and international power lines and overseeing work and activities authorized under Part 5 as well as abandoned facilities;

(c) making orders with respect to traffic, tolls and tariffs and overseeing matters relating to traffic, tolls and tariffs;
(d) making decisions and orders and giving directions under Part 8 with respect to oil and gas interests, production and conservation;

(e) advising and reporting on energy matters;
(f) providing alternative dispute resolution processes;

(g) exercising powers and performing duties and functions that are conferred on the Regulator under any other Act of Parliament; and
(h) exercising its powers and performing its duties and functions in a manner that respects the Government of Canada’s commitments with respect to the rights of the Indigenous peoples of Canada.

On the surface, this doesn’t look objectionable. However, it is unclear just how much authority the Energy Regulator will have to make unilateral decisions.

Board of Directors

Establishment and composition

14 (1) The Regulator is to have a board of directors consisting of at least five but not more than nine directors, including a Chairperson and a Vice-Chairperson.

Indigenous representation

(2) At least one of the directors must be an Indigenous person.

Of course, it wouldn’t be a Liberal bill without a racial or gender quota.

Matters of law and fact

(3) For the purposes of this Act, the Commission has full jurisdiction to hear and determine all matters, whether of law or of fact.

Power to act on own initiative

33 The Commission may on its own initiative inquire into, hear and determine any matter that under this Act it may inquire into, hear and determine.

Orders and prohibitions

34 The Commission may
(a) order any person to do, immediately or within or at any specified time and in any specified manner, anything that the person is or may be required to do under this Act, under a condition of a document of authorization, or under any order made or direction given by the Commission or a designated officer under this Act; and

(b) prohibit the doing or continuing of anything that is contrary to this Act, to a condition of the document of authorization or to the order or direction.

Okay, now we are getting into some actual enforcement. However it is unclear what all these added levels of bureaucracy will actually accomplish. It just seems to slow things down.

Wasn’t part of this bill to ensure speedy startup and process?

Exercise of Commission’s Powers and Performance of Its Duties and Functions by Designated Officers

Regulations

54 The Governor in Council may make regulations that specify
(a) powers, duties and functions of the Commission that are technical or administrative in nature and may be exercised or performed by designated officers;
(b) any circumstances in which those powers are to be exercised and those duties and functions are to be performed only by designated officers; and
(c) the procedures and practices that apply to the exercise of those powers and the performance of those duties and functions by designated officers.

Good in a way, delegate matters the powers at hand don’t understand to underlings who would know more.
Also a bit concerning. There is no requirement to actually have any education, experience or training in the industry. Wouldn’t this invite mistake from incompetent, politically driven leaders?

Rights and Interests of the Indigenous Peoples of Canada

Duty to consider — Commission

56 (1) When making a decision, an order or a recommendation under this Act, the Commission must consider any adverse effects that the decision, order or recommendation may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982.

Duty to consider — designated officers

(2) When making a decision or an order under this Act, a designated officer must consider any adverse effects that the decision or order may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982.

Advisory committee

57 (1) The Regulator must establish an advisory committee for the purpose of enhancing the involvement, under Part 2, of the Indigenous peoples of Canada and Indigenous organizations in respect of pipelines, power lines and offshore renewable energy projects as well as abandoned pipelines.

Membership

(2) The membership of the advisory committee must include at least
(a) one person recommended by an Indigenous organization that represents the interests of First Nations;
(b) one person recommended by an Indigenous organization that represents the interests of the Inuit; and
(c) one person recommended by an Indigenous organization that represents the interests of the Métis.

Confidentiality — Indigenous knowledge

58 (1) Any Indigenous knowledge that is provided in confidence to the Regulator under this Act or any other Act of Parliament that confers powers, duties or functions on the Regulator is confidential and must not knowingly be, or be permitted to be, disclosed without written consent.

Exception

(2) Despite subsection (1), the Indigenous knowledge referred to in that subsection may be disclosed if
(a) it is publicly available;
(b) the disclosure is necessary for the purposes of procedural fairness and natural justice or for use in legal proceedings; or
(c) the disclosure is authorized in the circumstances set out in the regulations made under section 59.

Consultation

(2.‍1) Before disclosing Indigenous knowledge under paragraph 2(b) for the purposes of procedural fairness and natural justice, the Regulator must consult the person or entity who provided the Indigenous knowledge and the person or entity to whom it is proposed to be disclosed about the scope of the proposed disclosure and potential conditions under subsection (3).

Further disclosure

(3) The Regulator may, having regard to the consultation referred to in subsection (2.‍1), impose conditions with respect to the disclosure of Indigenous knowledge by any person or entity to whom it is disclosed under paragraph (2)‍(b) for the purposes of procedural fairness and natural justice.

Duty to comply

(4) The person or entity referred to in subsection (3) must comply with any conditions imposed by the Regulator under that subsection.

Protection from civil proceeding or prosecution

(5) Despite any other Act of Parliament, no civil or criminal proceedings lie against the Regulator or the Minister — or any person acting on behalf of, or under the direction of, either of them — and no proceedings lie against the Crown or the Regulator, for the disclosure in good faith of any Indigenous knowledge under this Act or any other Act of Parliament that confers powers, duties or functions on the Regulator or for any consequences that flow from that disclosure.

Regulations

59 The Governor in Council may make regulations prescribing the circumstances in which Indigenous knowledge that is provided to the Regulator under this Act in confidence may be disclosed without written consent.
Once again, this seems designed to fail.

1/ If any indigenous person or group can shut down an entire project, or at least delay it for years, development will come to a standstill.
2/ Duty to consult: Again sounds nice, but written in such a way as to ensure nothing gets through.
3/ Committee must include:
(a) First Nations
(b) Inuit
(c) Metis
So not only is there “one” representative, but there are to be “three” each from different groups.
4/ Indigenous Knowledge provided to regulator is confidential.
What? So it cannot be challenged if we don’t know what it is.
5/ Before “disclosing Indigenous Knowledge”, the Regulator must discuss with person who provided it.
6/ No punishment for disclosing “Indigenous Knowledge” if it was done in good faith? Great, but if this knowledge is so powerful, why “wouldn’t” we want to share it
7/ So where is all this transparency, if “Indigenous Knowledge” is kept secret?

Public Engagement

Public engagement

74 The Regulator must establish processes that the Regulator considers appropriate to engage meaningfully with the public — and, in particular, the Indigenous peoples of Canada and Indigenous organizations — when public hearings are held under section 52 or subsection 241(3).

Participant funding program

75 For the purposes of this Act, the Regulator must establish a participant funding program to facilitate the participation of the public — and, in particular, the Indigenous peoples of Canada and Indigenous organizations — in public hearings under section 52 or subsection 241(3) and any steps leading to those hearings.

Public hearings are good, but the incessant pandering to Indigenous groups gets tiring.

Regulation of Construction, Operation and Abandonment

Orders

95 (1) To promote the safety and security of the operation of a regulated facility, the Commission may, by order, direct the holder to repair, reconstruct or alter part of the regulated facility and direct that, until the work is done, that part of the regulated facility not be used or be used in accordance with any conditions specified by the Commission.

Other measures

(2) The Commission may, by order, direct any of the following persons or bodies to take measures in respect of a regulated facility, an abandoned facility or any work or activity authorized under Part 5 that the Commission considers necessary for the safety and security of persons, the safety and security of the regulated facility or abandoned facility or the protection of property or the environment:

(a) an Indigenous governing body;
(b) the holder or any other person;
(c) the federal government or a federal Crown corporation;
(d) a provincial government or a provincial Crown corporation;
(e) a local authority.

This sounds nice, but in practice, anyone on the list can start making demands and delay or shut down any major project. Again, pandering to Indigenous bodies.

Offence and punishment — duty to assist and orders

112 (1) Every person who contravenes subsection 103(4) or fails to comply with an order under section 109 is guilty of an offence and is liable
(a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years or to both; or
(b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year or to both.

Defence — no notice

(2) A person must not be found guilty of an offence for failing to comply with an order under section 109 unless the person was given written notice of the order in accordance with paragraph 109(3)‍(a).

Offence and punishment — obstruction

(3) Every person who contravenes section 106 is guilty of an offence punishable on summary conviction and is liable, for a first offence, to a fine of not more than $100,000 and, for any subsequent offence, to a fine of not more than $300,000.

This is one of many references in the Bill which criminalise certain actions. If nothing else, the bill does have teeth in it.

Pipeline Claims Tribunal

Establishment

Establishment of Tribunal

143 (1) The Governor in Council may, by order, after a designation is made under subsection 141(1), establish a pipeline claims tribunal whose purpose is to examine and adjudicate, as expeditiously as the circumstances and considerations of fairness permit, the claims for compensation made under this Act in relation to the release that occurred from the designated company’s pipeline and specify the location of its head office.

Reasons

(2) However, the Governor in Council may establish a pipeline claims tribunal only if, having regard to the extent of the compensable damage caused by the release, the estimated cost of paying compensation in respect of that damage and the advantages of having claims dealt with by an administrative tribunal, the Governor in Council considers it in the public interest to do so.

Claims treated equitably

(3) A Tribunal must exercise its powers and perform its duties and functions with respect to claims for compensation in an equitable manner, without discrimination on the basis of nationality or residence.

Now adding even more bureaucracy. The Governor in Council may establish a tribunal to specifically rule on pipeline compensation.

This bill goes on and on. Feel free to read the entire document

But the main take away is that it creates more and more levels of bureaucracy for any sort of development projects, such as pipelines. The only plausible explanation is that the Bill seems designed to prevent anything from getting off the ground.

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CBC Propaganda #10: Promoting World Hijab Day

(Windsor Hospital promoting “World Hijab Day”)

This is the 10th piece in the open-ended series “CBC Propaganda”. For those who don’t know, CBC (a.k.a. the “Communist Broadcasting Corporation” or the “Caliphate Broadcasting Corporation”) is a state funded media outlet, which taxpayers are forced to pay. This costs in excess of $1 billion annually.

CLICK HERE, for the CBC article itself.
THE PROPAGANDA MASTERLIST is available here.

“Windsor Regional Hospital is celebrating World Hijab Day, a day marked since 2013 to encourage women of all backgrounds to try on a hijab.
.
The hospital’s diversity committee will have booths set up at the Met and Ouellette campuses, explaining why the hijab is worn and visitors will be invited to try one on.
.
Lina Chaker, who volunteers with the Windsor Islamic Association, sees the day as an invitation for people to see how wearing the hijab influences their daily life.
.
“[The hijab] means something different for every single person,” said Chaker.
For her? It’s a way to strengthen her relationship to God.
.
People who are unfamiliar with the hijab or have questions are more than welcome to ask questions, according to Chaker.
.
Ruaa Farhat, a 4th year social work student at University of Windsor, echoes that sentiment.
“It’s understandable, because some people just don’t know,” said Farhat.
.
Commonly asked questions include: do you sleep with it on? To which the answer would be no, she doesn’t.
.
Any misconceptions?
.
Farhat and Chaker both started wearing the hijab at around 6th grade.
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“A lot of times we think about people being pressured to wear the hijab. But I think over here in Canada, the trend is actually people tell you not to wear it,” said Chaker.
.
Hijab hacks: Two Windsor women share advice on World Hijab Day
.
VideoHow to: Lessons in hijab wrapping for non-Muslims
.
She remembers her family telling her that she was still young, that she didn’t need to wear it. And her mother was worried about her being bullied in school if she wore one.
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Farhat said she’s had to explain that it’s so liberal in Canada and that there’s no pressure.
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“So the fact that I am wearing it, shows that I’m doing it out of my own will,” she said. She feels wearing one is a representation of her true self.
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Farhat and Chaker say there are many styles to the hijab and people wear it in many ways.
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“Some people like certain colours more than others,” said Chaker. She personally prefers not to use pins and to have fewer layers.
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To learn more about the hijab, people are invited to stop by the Met Campus Friday from 11 a.m. to 1 p.m., and the Ouellette Campus Friday from 2 p.m. to 4 p.m.”

One thing to note: CBC has disabled the comments on this article.

Okay, what could be wrong with this? What is wrong with promoting it? Anyway, this group seems nice enough.

One “very small” detail gets omitted here:

In parts of the world, where Muslims are a majority, wearing the hijab is MANDATORY. It isn’t OPTIONAL for those women. If CBC were actually an objective media outlet, it would mention that

(Source is here.)

(Source is here.)

(Source is here.)

These are just a few examples of media coverage of punishment for women removing these headscarves. Any quick internet search will reveal thousands of such articles.

Of course, these strict dress codes only apply to women, not to men. Yet, Western feminists are deafeningly silent on this double standard. Perhaps by comparison, Western women have nothing to gripe about.

Rather than go into detail, I will leave it to the reader to do their own research. Why “promote” the hijab in the west, while it is clearly “oppression” under Islamic rule?

CBC, which again, gets over a billion dollars of Canadian taxpayer money every year “should” be broadcasting a far more balanced view on the subject. But objectivity seems non-existent.

Final note: CBC seems to have ignored a story it posted a year and a half ago, because it obviously doesn’t fit the narrative.

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Loophole in Canada/US Safe 3rd Country Agreement

CLICK HERE, for full text for the Canada/US Safe 3rd Country Agreement.

THE UNDERSTANDING

From the opening of the agreement


EMPHASIZING that the United States and Canada offer generous systems of refugee protection, recalling both countries’ traditions of assistance to refugees and displaced persons abroad, consistent with the principles of international solidarity that underpin the international refugee protection system, and committed to the notion that cooperation and burden-sharing with respect to refugee status claimants can be enhanced;

DESIRING to uphold asylum as an indispensable instrument of the international protection of refugees, and resolved to strengthen the integrity of that institution and the public support on which it depends;

NOTING that refugee status claimants may arrive at the Canadian or United States land border directly from the other Party, territory where they could have found effective protection;

CONVINCED, in keeping with advice from the United Nations High Commissioner for Refugees (UNHCR) and its Executive Committee, that agreements among states may enhance the international protection of refugees by promoting the orderly handling of asylum applications by the responsible party and the principle of burden-sharing;

AWARE that such sharing of responsibility must ensure in practice that persons in need of international protection are identified and that the possibility of indirect breaches of the fundamental principle of non-refoulement are avoided, and therefore determined to safeguard for each refugee status claimant eligible to pursue a refugee status claim who comes within their jurisdiction, access to a full and fair refugee status determination procedure as a means to guarantee that the protections of the Convention, the Protocol, and the Torture Convention are effectively afforded;

The wording is pretty clear here. Canada and the United States view each other as safe countries. If you land in one country, you “should” not be able to hop to the other and claim refugee status.

It is of interest to read in particular, articles 4, 5, 6

ARTICLE 4
Subject to paragraphs 2 and 3, the Party of the country of last presence shall examine, in accordance with its refugee status determination system, the refugee status claim of any person who arrives at a land border port of entry on or after the effective date of this Agreement and makes a refugee status claim.
Responsibility for determining the refugee status claim of any person referred to in paragraph 1 shall rest with the Party of the receiving country, and not the Party of the country of last presence, where the receiving Party determines that the person:
-Has in the territory of the receiving Party at least one family member who has had a refugee status claim granted or has been granted lawful status, other than as a visitor, in the receiving Party’s territory; or
-Has in the territory of the receiving Party at least one family member who is at least 18 years of age and is not ineligible to pursue a refugee status claim in the receiving Party’s refugee status determination system and has such a claim pending; or
-Is an unaccompanied minor; or
-Arrived in the territory of the receiving Party:
With a validly issued visa or other valid admission document, other than for transit, issued by the receiving Party; or
Not being required to obtain a visa by only the receiving Party.
The Party of the country of last presence shall not be required to accept the return of a refugee status claimant until a final determination with respect to this Agreement is made by the receiving Party.
Neither Party shall reconsider any decision that an individual qualifies for an exception under Articles 4 and 6 of this Agreement.

Makes clear about a formal point of entry. However, those who value sovereignty will note with concern there are many exceptions to keep alleged “refugees” in Canada far longer.

ARTICLE 5
In cases involving the removal of a person by one Party in transit through the territory of the other Party, the Parties agree as follows:
Any person being removed from Canada in transit through the United States, who makes a refugee status claim in the United States, shall be returned to Canada to have the refugee status claim examined by and in accordance with the refugee status determination system of Canada.
Any person being removed from the United States in transit through Canada, who makes a refugee status claim in Canada, and:
whose refugee status claim has been rejected by the United States, shall be permitted onward movement to the country to which the person is being removed; or
who has not had a refugee status claim determined by the United States, shall be returned to the United States to have the refugee status claim examined by and in accordance with the refugee status determination system of the United States.

It appears clear cut. You cannot country shop from one to another, and there is a specific agreement to remove those people who try.

ARTICLE 6
Notwithstanding any provision of this Agreement, either Party may at its own discretion examine any refugee status claim made to that Party where it determines that it is in its public interest to do so.

So, either Canada or the United States could remove anyone at any time if deemed in national interest.

HERE is the problem:

Where the Agreement is in effect
The Safe Third Country Agreement applies only to refugee claimants who are seeking entry to Canada from the U.S.:
-at Canada-U.S. land border crossings
-by train or
-at airports, only if the person seeking refugee protection in Canada has been refused refugee status in the U.S. and is in transit through Canada after being deported from the U.S.

As if plain and obvious, this only applies to border crossings entries. This means that fake refugees can bypass the agreement simply by entering anyplace other than an official border crossing.

That has been happening, by the thousands. See HERE, see HERE, and HERE.

One obvious solution would be to declare the “ENTIRE BORDER” a point of entry. However, there seems to be little willpower in Ottawa to do that.

In fact, Prime Minister Trudeau has no issues with calling a racist anyone who questions the open border.

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CBC Propaganda #9: Conspiring With A Free Speech Advocate

(Not entirely sure why this is controversial)

CBC, a.k.a The “Communist Broadbasting Corporation”, or the “Caliphate Broadcasting Corporation”, is a government funded “news” organization. It receives about $1.5 billion annually to spew out anti-Canadian stories. Taxpayers don’t get a say in the matter.

CLICK HERE, to reach the CBC Propaganda Masterlist. It is far from complete, but being added to regularly.

Spoiler alert: This article starts off by talking about University of Toronto Professor Jordan Peterson, and then meanders to entirely different topics. Seems that CBC couldn’t be bothered to ensure that there actually was a point to it. Even high school editors would perform better. Anyway….

“Ontario Premier Doug Ford held a one-on-one meeting with Jordan Peterson a week after the controversial university professor publicly urged Ford to abolish the province’s human rights commission, CBC News has learned. “

This actually is true. Peterson is a vocal advocate against Bill C-16, which not only added “gender identity or expression” to the Canadian Criminal Code and Human Rights Codes, but also resulted in “compelled speech”. However, not sure why this is controversial.

“The meeting was revealed in Ford’s appointment calendar for October and November, obtained through a freedom of information request. CBC News made the request because Ford is not providing the media with his daily public itinerary, breaking from the practice of previous premiers.”

Premier Ford doesn’t think too highly of the media, a trait shared by US President Donald Trump. Given this attitude, by Unifor, the union that represents media workers, who can blame Ford?

“CBC News cannot find any record of Ford or Peterson publicly mentioning that their Oct. 18 meeting took place.
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Ford tweeted about several of his other private meetings around that date: with Dianne Martin, CEO of the Registered Practical Nurses Association, with Susan Le Jeune the British high commissioner to Canada, and with Tim Hudak, the former PC leader who is now CEO of the Ontario Real Estate Association.
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Ford met with Peterson “to discuss free speech on Ontario’s university and college campuses,” the premier’s press secretary said Friday in an email to CBC News.
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The meeting followed this Oct. 10 tweet by Peterson, calling for the Human Rights Commission to be abolished.”

Yes, Peterson has called for the Human Rights Commissions to be abolished. However, there is a valid reason for this: namely that these Tribunals do not uphold any human rights. They are a means to grandstand and impose absurd rulings and consequences. See this, an earlier article on the Human Rights Tribunals.

Still am not clear why it would be so controversial to at least have a meeting with a well known advocate for open inquiry and free speech.

“Peterson has garnered international attention for his critique of what he calls “politically correct” limits to free speech. The Ford government ordered Ontario’s universities and colleges last summer to put in place policies by the end of 2018 guaranteeing free speech, or they would face funding cuts.”

True, but so what? Universities are supposed to hold open inquiry dear. Sadly, a move like this was long overdue.

“”I know something about the way that totalitarian and authoritarian political states develop and I can’t help but think that I’m seeing a fair bit of that right now,” Peterson said in a lecture posted to his YouTube channel, which has 1.8 million subscribers.
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Ford’s calendar for October and November shows no one-on-one meetings with any other Ontario university professors. Peterson and his publicity firm did not respond to a request for an interview or to emailed questions about the meeting.”

Seeing the language policing that goes on in schools, these comments are fitting.

The remaining 60% of the article has nothing to do with Peterson, nor is it tied back in any way. Seems that CBC never bothered to do any proofreading prior to publication.

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CBC Propaganda #8: Border Walls Are Useless. People Will Go Around

(Walls are pointless. Don’t even bother)

CBC, a.k.a The “Communist Broadbasting Corporation”, or the “Caliphate Broadcasting Corporation”, is a government funded “news” organization. It receives about $1.5 billion annually to spew out anti-Canadian stories. Taxpayers don’t get a say in the matter.

CLICK HERE, to reach the CBC Propaganda Masterlist. It is far from complete, but being added to regularly.

A lot to go through on this on.
CLICK HERE, for the article.
CLICK HERE, for the full transcript.

Quotes From The Transcript

AMT: Last week President Trump tweeted some statistics that he claims bolster his case. He wrote – and I’m quoting here – “There are now 77 major or significant was built around the world with 45 countries planning or building walls”. And then he continued: “The 800 miles of wars that have gone up in Europe since 2015 have been almost 100 percent successful.” Well as is usually the case for Donald Trump’s tweets some people took issue with those facts. What is true is that the United States is not the only country building walls and fences to protect its border.

Okay, are Trump’s facts wrong? Are border walls not going up across the globe?

SOUNDCLIP
[Music]
NEWSCASTER1: The race is on to get Hungary’s border fence ready by the end of month. It’s being built by prison inmates.
NEWSCASTER1: You’re still on Norwegian soil. Just over there. And you are in Russia. And while this fence is just a few hundred meters long, campaigners for refugees say it’s become something of a symbol of Norway’s changing attitudes.
NEWSCASTER2: The IDF is constantly improving its defensive capabilities. One of those being a wall being built between Lebanon and the 20 some Israeli communities adjacent to the border.
NEWSCASTER3: The King and county town of [unintelligible] clan elders say the border barrier has helped. This is what is meant to keep out Al Shabab fighters based in Somalia, part of a larger government project to protect the porous border

None of the examples cited here seem at all unreasonable. All are meant to reduce the flow of illegal immigration. “Illegal” immigration is something which globalists openly call for, since they don’t believe in sovereign nations.

“AMT: Well my next guest is someone who has studied many of the wars going up around the world right now. And Elisabeth Vallet fundamentally disagrees with Donald Trump. She says more walls are being built not because they work but in spite of the fact that they do not. Elisabeth Vallet is an adjunct professor and scientific director in geopolitics at the Raoul-Dandurand Chair at the University of Quebec at Montreal are and she joins us from Montreal. Hello.
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AMT: What was your reaction when you saw Donald Trump tweeting those statistics about walls?
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ELISABETH VALLET: I had seen statistics quoted by extreme right groups before and marginal blogs. I thought I would leave them alone since they didn’t need more exposure. But when the president did so, and argued that they were working, the fact that he was distorting my research really bothered me. And I thought that I had – not as an activist which I am not, but as a researcher – I had to set the record straight.”

Wanting to defend you borders and nation from massive amounts of illegal immigration is “far-right”? An issue that seems to be conflated here: Do you see border walls as 1/ immoral, or 2/ impractical? These are two very different arguments. And not an activist? Good to hear, but we will see.

“AMT: So can you break it down for me? How much of what Mr. Trump had to say was correct?
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ELISABETH VALLET: So first of all he used the uproar that of our research. There are 77 walls that have been announced, are built so far credibly announced. And 70 of them have been built so far. And [unintelligible] countries have indeed built 70 border walls in the world. So that part was straight. The part about the 100 percent efficiency is that adequate, even in Europe. Because all those walls, some of them, are designed to prevent migration in Hungary are in Norway, but some of them are also designed to keep Russia at bay. This is in the Baltic states are Ukraine. So you’ve got different walls, different functions and in all cases what a wall does? Is a wall will redefine the geo-politics of the area and the geo-politics of the flows? So far while it may look like it is working, but actually it will just reroute and redefine the flows. Sometimes those flows that were taking place in the open will just be more underground, so more dangerous for the people that are trying to cross the border. But in the end they are not working. And this is why usually when you have a wall then you will have military deployed around the wall and technology and robots, drones and sensors. Because a wall per se doesn’t achieve anything apart from scarifying at the borderlands and ruining the local economies.”

We have different walls, different functions, and in all cases, what a wall does? Granted geo-politics differs form region to region. However, the function is the same: to prevent people from illegally crossing.

People will just go underground and it’s more dangerous? So what? You act as if illegal crossings and immigration are human rights.

Walls don’t achieve anything other scarifying at the borderlands and ruining local economies? Considering the amount of benefits that get paid out CLICK HERE, for one example, it could be argued that illegal immigration “strains” local economies.

And what about the rights of citizens to have an independent state and to not be forced to put up with illegal immigration? Do those voices not matter? Or are they all “far-right”?

“AMT: So can you give us an overview of some of the more significant walls that exist and are being built around the world?
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ELISABETH VALLET: Well we could speak about countries that are literally fencing themselves and India is one of them. India has a huge fence with Pakistan, but of course with Bangladesh. They are actually fencing Bangladesh out of the peninsula. Of course you have the U.S. Mexican border which is fenced, walled on a third of the border. The one between Israel and the West Bank is also an interesting one. Israel was among those countries that is trying to fence itself, fortify itself literally. And then you will find other walls. You spoke about the one between Kenya Somalia. There is one between Botswana and Zimbabwe. Those in the Fergana Valley in Central Asia between China and North Korea. So you have those border walls across the world. A lot of them, the majority of them, has been built after 9/11 and a lot of them has been built after the Arab Spring.
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AMT: So what do you see is driving the construction of those what?
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ELISABETH VALLET: There are three reasons why you Bill borrow walls. Few of them now are being built for peace keeping, border enforcing reasons. It’s a way to end a conflict that has no end; between the two Koreas, between the Turkish and Greek part of Cyprus, in a way between India and Pakistan, Ukraine and Russia. Even between Israel and the West Bank it is a way to define a border that if we had a two state solution picking up that would be the final border. And then you have two reasons that dominates the discourse. One of them is smuggling and terrorism and the other one is migration. But those reasons sometimes alternate or overlap. So it’s pretty hard to distinguish them. So two third of them are built for that purpose. “

Walls are being built for peace keeping and border enforcement? Are those people far-right racists as well?

Smuggling and terrorism are 2 valid concerns? Agreed.

Sometimes for migration? Illegal immigration “is” a serious problem in the west. And if you make it a human right, then anyone can migrate. In fact, you acknowledge here that there is overlap between immigration, smuggling and terrorism.

You seem unaware that you are actually debunking your own arguments against walls.

“AMT: We all remember the Berlin Wall coming down. In fact it was 30 years ago this year. I’ve got a clip here that I’d like you to hear. These are two Germans talking about what it felt like to stand on top of the Berlin Wall after the crowds started streaming across the border.
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AMT: Elisabeth Vallet, how did the fall of that iconic wall affect our ideas around the usefulness or function of walls?
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ELISABETH VALLET: Well actually if you remember in 1989 it opened a almost a hippie era of international relations, where we believed that it was the end of borders me. Maybe even the end of state sovereignty or even the fading sovereignty of the state. We believed that peace would be dominating and that conflicts would be solved by the international community. It actually showed the good the positive aspects of globalization. And we overlooked the negative aspects of globalization. And when 9/11 arrived, it’s as if that negative aspect of globalization showed its face. And that’s when the only solution to that, governments came up with the one only solution which was building border fences, because there is no way to retain globalization, to contain globalization.”

This quote is so disingenuous that it needs to be called out all on its own. The Berlin Wall was put up in the 1960s by the Soviet Union to keep people in Berlin from leaving. To keep them prisoners. It was not about preventing illegal immigration “into” East Germany.

You thought that breaking down a wall imprisoning people would lead to the end of state sovereignty? You are delusional. Again, you conflate 2 completely different purposes.

Building border fences is the only way to contain globalism? You make that sound as if it’s a bad thing. It would only be bad if you believe nations shouldn’t have sovereignty.

“AMT: Donald Trump has talked about how he wants the border to be impenetrable. What do you think would happen if we had more rigid borders like that?
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ELISABETH VALLET: Basically nothing because there is always a way to go around. You will see those pictures of ramps where you can drive cars to go over the U.S. Mexican wall which is huge. You will see drones going above. You will see even there is that one catapult that was actually fixed on the border wall to send drugs on the other side. They found a tunnel last week and through the city of Nogales. So there are always ways to go around. And one thing is, the wall doesn’t change a thing in the U.S. case since most of the trucks are coming into the U.S. through their regular ports of entry. So the world doesn’t help anything, doesn’t change anything. A border cannot be impenetrable. I would even say that a border is not meant to be that way.”

First, assuming everything she says is true, should a nation not “try” to defend its borders and independence just because people will try to sneak in? Border defence is difficult, so to heck with it, I suppose.

Second, she is not making a “moral” argument against border walls, but rather a “impracticality” argument. As outlined in earlier comments, she cites: 1/ open conflict; 2/ smuggling; 3/ terrorism, not to mention 4/ mass migration. All of the above are certainly valid reasons to invest heavily in border security.

There is another interview with a historian, David Frye, but compared to the first interview, there is little to criticise.

Overall though, it is interesting how often CBC has open-borders and illegal immigration supporters doing interviews. The globalist slant is very obvious here. Perhaps some balance, or at least provide tougher questions next time.

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Predatory Publications by TRU Professor Pyne (Part 2: Meeting The Man)

(Thompson Rivers University in Kamloops, BC)

See the previous article on the infamous paper by Thompson Rivers University Economic Professor, Derek Pyne.

For a simplified version of the story, Professor Pyne published a paper in April 2017 titled “Predatory publications”. It was a look into the academic publishing, and how fake journals were popping up. Given university professors’ duty to “publish or perish”, these seemed to be a way out.

This is a topic that has been reluctantly addressed by universities before. However, this paper took more of an economic view of the subject — rewards and benefits from publishing in such journals.

The paper has not been well received by Thompson Rivers University, especially since it seemed to implicate members of the faculty. Relations between Professor Pyne and the school have gone downhill.

In September 2018, almost a year and a half later, Professor Pyne was suspended from TRU. He is now back at work. He claims that the paper was one reason, but not the only, for the suspension.

Currently, a complaint has been filed under Section 13 of the Labour Relations Code, claiming the Union violated Section 12. Here is the actual text from the Labour Relations Code (of BC)

Duty of fair representation
12 (1)
A trade union or council of trade unions must not act in a manner that is arbitrary, discriminatory or in bad faith
(a) in representing any of the employees in an appropriate bargaining unit, or
(b) in the referral of persons to employment whether or not the employees or persons are members of the trade union or a constituent union of the council of trade unions.
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(2) It is not a violation of subsection (1) for a trade union to enter into an agreement under which
(a) an employer is permitted to hire by name certain trade union members,
(b) a hiring preference is provided to trade union members resident in a particular geographic area, or
(c) an employer is permitted to hire by name persons to be engaged to perform supervisory duties.
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(3) An employers’ organization must not act in a manner that is arbitrary, discriminatory or in bad faith in representing any of the employers in the group appropriate for collective bargaining.
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Procedure for fair representation complaint
13 (1) If a written complaint is made to the board that a trade union, council of trade unions or employers’ organization has contravened section 12, the following procedure must be followed:
(a) a panel of the board must determine whether or not it considers that the complaint discloses a case that the contravention has apparently occurred;
(b) if the panel considers that the complaint discloses sufficient evidence that the contravention has apparently occurred, it must
(i) serve a notice of the complaint on the trade union, council of trade unions or employers’ organization against which the complaint is made and invite a reply to the complaint from the trade union, council of trade unions or employers’ organization, and
(ii) dismiss the complaint or refer it to the board for a hearing.
(2) If the board is satisfied that the trade union, council of trade unions or employers’ organization contravened section 12, the board may make an order or direction referred to in section 14 (4) (a), (b) or (d).

Canuck Law meeting Professor Pyne

The actual interview occurred on Thursday, January 24 at the University in Kamloops, BC. Note: Questions were prepared, but the replies shown are summaries of what was said.

1/ What did you think would happen publishing this?
-It was a new angle on the publishing industry
-This hadn’t been done before
-Expected a higher amount of support for academic freedom and inquiry

2/ Any support from colleagues?
-Some privately do offer support
-No one wants to be public about it
-This is considered an attack on academic freedom

3/ What actually triggered the suspension?
-Collective agreement allows for feedback for candidates
-I exercised that right. University called it defamatory and accusatory

4/ Why the 16 month delay in the suspension? (April 2017-Sept 2018)
-It took time for the backlash to happen
-Reporting by the New York Times really hurt
-American media interviews were given
-Comments made in online forums
-Research comments

5/ Why isn’t the TRU faculty union helping?
-164 page complaint was filed
-Academic unions don’t work the same way private sector unions do
-Lack of understanding by the union in matters like this

6/ What do you see Labour Relations doing?
-Little. They have a very low success rate
-Since 2016 (records shown), 0 or 1 cases successful each year
-Most “successes” come from informal negotiation between parties

7/ What would you like Labour Relations to do?
-Order the union to file a grievance

8/ How can universities screen for “predatory journals”? What are the warning signs?
-Mailbox addresses (suites) given in address
-Journal no one has heard of before
-Very quick turnaround times
-Questionable, if any, peer review
-Questionable “Impact Factors Analysis”
-Real journal will provide abstract, fake will make you buy entire article, paywall
-There are 10,800 right now identified, another 955 suspected (all fields)

9/ Has this led to policy changes at TRU?
-Might have tipped people off as to what is happening?

10/ Was it difficult to get data for research?
-Time consuming
-Manually searching profiles
-Research Ethics not needed (since no face-to-face interviews)
-Google Scholar quick source (academic publications)
-Checking academic profiles also an option

11/ Does this hurt academia?
-It can lower the trust people have in experts and authority figures

12/ Broadly speaking, how does peer review work?
-You need an idea of which journals to submit to
-You submit your research
-You may have to redo large sections of your paper
-Editor of publication often orders revise & resubmit
-Editor will find referees with similar publications to review yours
-Referees are usually volunteers, it’s more of an honour
-It can easily take a year or two to get published