Bill C-293 (International Pandemic Treaty) Revisited: Concerns Raised Over Food Supply

Bill C-293 was covered in early 2023. This is a Private Member’s Bill for domestic implementation of the International Pandemic Treaty, and is now in the Senate.

Parliament had hearings back in late 2023, and those same issues may come up in the Senate. In particular, several groups raised concerns about the food supply should this legislation pass. Specifically, these would include:

  • regulate commercial activities that can contribute to pandemic risk, including industrial animal agriculture
  • promote commercial activities that can help reduce pandemic risk, including the production of alternative proteins
  • phase out commercial activities that disproportionately contribute to pandemic risk, including activities that involve high-risk species

Back in 2017, there was a major initiative from Innovation, Science and Economic Development Canada to push for mass production of “plant proteins”. For ideological reasons, the Government was trying to phase out meat.

Some participants in the hearings expressed concerns that echoed this.

1. Canadian Federation of Agriculture

However, we write today to express significant concerns with aspects Bill C-293, particularly in its impact on the Canadian animal agriculture sector. While the primary objective of the Bill is pandemic prevention and preparedness, it contains content and language that will adversely affect Canadian farmers and ranchers if passed in its current form. Specifically, we are concerned by the Bill’s language around livestock farming, the promotion of alternative proteins, and the focus on animal agriculture in the context of antimicrobial resistance rather than within the more comprehensive One Health perspective.

Irrelevant focus on alternative proteins, in the context of pandemic preparedness
.
In particular, section 4 (2) (I) of Bill C-293 dissents from the tone and language used throughout other
sections of the Bill and instead, includes language promoting the production and use of alternative proteins and the regulation of animal agriculture, and the phase-out of high-risk species.

2. Christian Farmers Federation of Ontario

Animal Agriculture
Section 4 (2) (l) (ii – iv) directly correlate animal agriculture with increased pandemic risk. These sections further direct the promotion of “alternative proteins,” based on a notion of reduced pandemic risk. This language unfairly represents the risks posed by animal agriculture. These sections of the Bill, as worded, further require drastic action including measures to regulate” animal agriculture and to “phase out…high risk species” in response to this exaggerated notion of risk. These sections should also be removed from the Bill.

Drastic actions, such as those suggested in the current wording of the Bill, in the case of food animals in particular, would result in loss of food supply, economic losses, and increased cost of food, among other effects.

3. Chicken Farmers of Canada

While the majority of the Bill uses overarching language to describe the work of the Advisory Committee on pandemic response (as appointed by the Minister of Health) and the content of their reports, Section 4 (2) (l) is very specific in its intent to promote alternative proteins, regulate animal agriculture and phase out high-risk species.

CFC believes that the basis of this section makes a judgment call that animal agriculture is the cause of pandemics – a notion that is not supported and does not represent the cause of diseases listed in the preamble of the Bill. This premise is tied to the initiative of promoting the production of alternate proteins, which is a specific example not seen elsewhere in the Bill. Initiatives to promote alternative proteins in a Bill on pandemic prevention and preparedness is misplaced and misaligned with the Bill’s objectives. CFC believes that Section 4 (2) (l) is too limiting in its direction and in turn could distract the Advisory Committee from more beneficial areas of work.

4. Canada Mink Breeders Association

1. Remove Clause 2(l)(iii)
(l) after consultation with the Minister of Agriculture and Agri-Food, the Minister of Industry and
provincial governments, provide for measures to
• (iii) promote commercial activities that can help reduce pandemic risk, including the production of alternative proteins

2. Remove Clause 2(l)(iv)
(l) after consultation with the Minister of Agriculture and Agri-food, the Minister of Industry and
provincial governments, provide for measures to
• (iv) phase out commercial activities that disproportionately contribute to pandemic risk, including activities that involve high-risk species

3. Remove Clause 2(m)(ii)
(m) include the following information, to be provided by the Minister of the Environment:
• (ii) a summary of the measures the Minister of the Environment intends to take to reduce the risk that the commercial wildlife trade in Canada and abroad will lead to a pandemic, including measures to regulate or phase out live animal markets

All of these groups raised concerns that social policies would be implemented through the backdoor, under the guise of “pandemic prevention”.

A group called Results Canada took a very different approach. It asked that Bill C-293 be amended to include something called “surge financing”. It appears to be an attempt to trigger easier access to money, in the event of a “pandemic”,

4(2)(n.1) “a summary, to be provided by the Minister of Finance, of the measures the Minister intends to take to support the availability of surge financing, as well as the funding of pandemic preparedness and response by the World Bank, International Monetary Fund, and other relevant international organizations;”

Lisa Barrett, the infamous Nova Scotia doctor who had pushed lockdowns, said that she preferred that the Bill be altered in a way where the “correct” science could be promoted.

Again, it’s not specifically about the bill, but I could link it to the bill.

I think that having pieces of misinformation and disinformation out there like that, particularly around vaccination, is part of the issue. If this bill can actually develop a process where science is promoted, as well as the dissemination of science in a trustful way, we could probably get rid of a lot of those statements. Those are not statements I would support, and I think it’s a demonstration of overt mis- and disinformation from certain individuals. Hopefully, we can get beyond that and maybe there’s some use for a bill like this to promote it.
As with most of these Bills, the devil is in the details. The broad outline provided does nothing to answer specifics regarding food supply. Presumably, there would be regulations made by unelected bureaucrats.

Private Member’s Bills usually go nowhere. But this one is already in the Senate. Where did Nathaniel Erskine-Smith get the idea to introduce this? Who wrote it for him?

Critics fear that entire crops and industries could disappear under the guise of “public safety”. It doesn’t really specify any built-in protections. And with “experts” like Lisa Barrett, it’s not a stretch to think that martial law mandates could return in some form.

What will happen in the Senate?

(1) https://eppc.org/publication/the-whos-pandemic-treaty/
(2) WHO Constitution, Full Document
(3) https://www.who.int/about/governance/constitution
(4) https://www.parl.ca/legisinfo/en/bills?chamber=1&page=3
(5) https://www.parl.ca/legisinfo/en/bill/44-1/c-293
(6) https://www.ourcommons.ca/Members/en/nathaniel-erskine-smith(88687)
(7) https://www.ourcommons.ca/Committees/en/HESA/StudyActivity?studyActivityId=12050235
(8) https://www.ourcommons.ca/Content/Committee/441/HESA/Brief/BR12635892/br-external/CanadianFederationOfAgriculture-e.pdf
(9) https://www.ourcommons.ca/Content/Committee/441/HESA/Brief/BR12644153/br-external/ChristianFarmersFederationOfOntario-e.pdf
(10) https://www.ourcommons.ca/Content/Committee/441/HESA/Brief/BR12473920/br-external/ChickenFarmersOfCanada-e.pdf
(11) https://www.ourcommons.ca/Content/Committee/441/HESA/Brief/BR12461049/br-external/CanadaMinkBreedersAssociation-e.pdf
(12) https://www.ourcommons.ca/Content/Committee/441/HESA/Brief/BR12461107/br-external/ResultsCanada-e.pdf
(13) https://www.ourcommons.ca/DocumentViewer/en/44-1/HESA/meeting-82/evidence

Private Member Bills In Current Session:
(1) Bill C-206: Decriminalizing Self Maiming To Avoid Military Service
(2) Bill C-207: Creating The “Right” To Affordable Housing
(3) Bill C-219: Creating Environmental Bill Of Rights
(4) Bill C-226: Creating A Strategy For Environmental Racism/Justice
(5) Bill C-229: Banning Symbols Of Hate, Without Defining Them
(6) Bill C-235: Building Of A Green Economy In The Prairies
(7) Bill C-245: Entrenching Climate Change Into Canada Infrastructure Bank
(8) Bill C-250: Imposing Prison Time For Holocaust Denial
(9) Bill C-261: Red Flag Laws For “Hate Speech”
(10) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(11) Bill C-312: Development Of National Renewable Energy Strategy
(12) Bill C-315: Amending CPPIB Act Over “Human, Labour, Environmental Rights”
(13) Bill C-367: Removing Religious Exemptions Protecting Against Antisemitism
(14) Bill C-373: Removing Religious Exemptions Protecting Against Antisemitism 2.0
(15) Bill C-388: Fast Tracking Weapons, Energy, Gas To Ukraine
(16) Bill S-215: Protecting Financial Stability Of Post-Secondary Institutions
(17) Bill S-243: Climate Related Finance Act, Banking Acts
(18) Bill S-248: Removing Final Consent For Euthanasia
(19) Bill S-257: Protecting Political Belief Or Activity As Human Rights
(20) Bill S-275: Adding “Sustainable And Equitable Prosperity” To Bank Of Canada Act

Senate Bill S-275: Adding “Sustainable And Equitable Prosperity” To Bank Of Canada Act

Have you heard of Senate Bill S-275? It is called the “Act to amend the Bank of Canada Act (mandate, monetary policy governance and accountability)”. It was introduced back in September 2023, and is currently at Second Reading.

It was brought in by Quebec Senator Diane Bellemare, who was appointed by Harper back in 2012. Keep in mind that she was appointed by a “conservative” Prime Minister. Now, what is this all about?

From the preamble of Bill S-275:

Whereas monetary policy has measurable redistributive effects on Canadians’ incomes;
.
Whereas underlying economic trends over the coming decades will be shaped by demographic shifts, the climate crisis, technological change and global political uncertainty and are conducive to generating supply shocks to prices—shocks that are minimally affected in the short term by traditional monetary policy;
.
Whereas a gap currently exists between the Bank of Canada Act and the Bank’s practices respecting monetary policy;

There will now be a section added to the Bank of Canada Act, and it reads as follows:

Bank mandate
4.‍1 The mandate of the Bank is to ensure the financial stability of Canada and of Canadian financial institutions and to promote sustainable and equitable prosperity and the well-being of all Canadians.

What exactly is “sustainable and equitable prosperity”? It’s not defined, so we’ll have to guess with this. “Sustainable” is probably being used in reference to playing along with the climate change scam. And “equitable prosperity” sounds like a fancy word for massive wealth redistribution.

One can certainly debate the value of the Bank of Canada, or the Bank for International Settlements. But why is crypto-Communist language being put into this Act?

There will also be a Permanent Committee added to the Bank of Canada. It will involve 9 people, 6 of them to be appointed in a vaguely described process.

  • the Governor of the Bank of Canada
  • the Deputy Governor
  • a Deputy Governor responsible for economic analysis
  • 6 external members appointed under this section

Some of the duties this Permanent Committee will have include:

(a) participate in discussions about setting the policy rate;
(b) set the policy rate by vote;
(c) adopt the annual cost-benefit analysis framework that supports policy rate decision-making;
(d) supervise the assessment of the effectiveness of monetary policy — that is to say, whether the targets are met, what economic effects monetary policy has on prices, employment, growth, investment and productivity, and what financial and redistributive effects it has on households and businesses;
(e) ensure that the use of non-traditional tools is consistent with the Bank’s mandate and the objectives of monetary policy; and
(f) represent the Bank in negotiating and drafting the agreement with the Government of Canada provided by section 14.‍4 and include monetary policy targets in the agreement.

To summarize: there will be a group of 9 people, 6 of whom selected in a yet to be defined process, determining major financial and economic decisions for the Bank of Canada. It’s to act in a manner consistent with its mandate. Keep in mind that the new mandate is:

to ensure the financial stability of Canada and of Canadian financial institutions and to promote sustainable and equitable prosperity and the well-being of all Canadians.

At the risk of being alarmist, this new mandate is a real concern. Given the proliferation of Carbon taxes, and various iterations of UBI, or universal basic income, where exactly are things going? The language is also vague enough that it’s hard to pin down specific details.

Bellemare spoke about the legislation on September 26th, 2023. However, it didn’t really add any specifics about what was going to happen. Nor did the questions she was asked.

Add this to the list of things to keep an eye on.

(1) https://www.parl.ca/legisinfo/en/bill/44-1/
(2) https://www.parl.ca/legisinfo/en/bill/44-1/s-275
(3) https://www.parl.ca/DocumentViewer/en/44-1/bill/S-275/first-reading
(4) https://sencanada.ca/en/senators/bellemare-diane/
(5) https://sencanada.ca/en/content/sen/chamber/441/debates/142db_2023-09-26-e#41
(6) https://laws-lois.justice.gc.ca/eng/acts/b-2/

Private Member Bills In Current Session:
(1) Bill C-206: Decriminalizing Self Maiming To Avoid Military Service
(2) Bill C-207: Creating The “Right” To Affordable Housing
(3) Bill C-219: Creating Environmental Bill Of Rights
(4) Bill C-226: Creating A Strategy For Environmental Racism/Justice
(5) Bill C-229: Banning Symbols Of Hate, Without Defining Them
(6) Bill C-235: Building Of A Green Economy In The Prairies
(7) Bill C-245: Entrenching Climate Change Into Canada Infrastructure Bank
(8) Bill C-250: Imposing Prison Time For Holocaust Denial
(9) Bill C-261: Red Flag Laws For “Hate Speech”
(10) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(11) Bill C-312: Development Of National Renewable Energy Strategy
(12) Bill C-315: Amending CPPIB Act Over “Human, Labour, Environmental Rights”
(13) Bill C-367: Removing Religious Exemptions Protecting Against Antisemitism
(14) Bill C-373: Removing Religious Exemptions Protecting Against Antisemitism 2.0
(15) Bill S-215: Protecting Financial Stability Of Post-Secondary Institutions
(16) Bill S-243: Climate Related Finance Act, Banking Acts
(17) Bill S-248: Removing Final Consent For Euthanasia
(18) Bill S-257: Protecting Political Belief Or Activity As Human Rights

2 Sides Of The Same Coin: Sendai Framework And International Health Regulations

This topic isn’t revolutionary. However, it’s interesting how different pieces of legislation (supposedly brought for completely different areas of life) can serve much the same purpose. Laws that seemingly have no connection to each other can end up having very similar results.

Let’s look at a few of them.

For emergency and disaster management:
-U.N. Sustainable Development Agenda (Agenda 21) signed in 1992
Yokohama Strategy for a Safer World signed in 1994
Hyogo Framework for Action signed, goes from 2005 to 2015
-U.N. Sustainable Development Agenda (Agenda 2030) signed in 2015
Sendai Framework signed, goes from 2015 to 2030.

For public health management:
W.H.O. Constitution signed in 1946
-W.H.O. International Sanitary Regulations signed in 1951
-W.H.O. International Health Regulations (First Edition) signed in 1969
-W.H.O. International Health Regulations (Second Edition) signed in 1995
W.H.O. International Health Regulations (Third Edition) signed in 2005

Now, what can these things have in common? Quite simply, they are pretexts for removing rights and property from people, under the cloak of being an emergency. True, the nature of it will vary, but the results are the same.

1. Parallels Between Sendai Framework And WHO-IHR

While not identical, there are many connections and similarities between enacting emergency management laws, and the public health laws. Using B.C. as an example:

(a) Bill 31 was derived from the Sendai Framework, which itself is part of the United Nations Sustainable Development Agenda. There are many aspects to this ideology

(b) The Provincial Public Health Acts are the result of the 2005 Quarantine Act, which itself is derived from the 3rd Edition of the WHO’s International Health Regulations. Also, the WHO’s Constitution is well worth a read, as it dates back to the 1940s.

While laws are being enacted that greatly impact the lives of Canadians, the reality is that these — and many laws — are derived from international agreements that the public has no say in.

(a) Bill 31 is framed as “disaster reduction measures”, which presumably means natural disasters. As for speculation about “climate lockdowns”, this type of legislation is laying the ground work.

(b) Provincial Health Acts are framed as “preventing communicable diseases”, and we saw plenty of that in the last few years.

And reading through both, it’s clear that both are intended — among other things — to strip away large parts of individual rights, including property rights. These things are presented as necessary for the greater good.

Additionally, both sets of laws allows near dictatorial powers when it comes to issuing orders. A Cabinet Minister could do it for the Emergency & Disaster Management Act. A Minister, or Public Health Officer, can give orders concerning regulations within the Public Health Act

2. B.C. Bill 31, Emergency & Disaster Management Act

This is still going through the Legislature, but parts of it are certainly worth looking at. They’re ripe for abuse in the wrong hands.

Essential matters
75 (1) The minister may, by order, do one or more of the following:
(a) identify supplies, equipment or other items, services, property or facilities, or a class of any of these, as essential;
(b) for things identified under paragraph (a) as essential,
(i) establish or restrain increases in prices or rents for them,
(ii) ration or otherwise provide for their distribution or use,
(iii) provide for their restoration, and
(iv) prohibit or limit seizures of them or evictions from them;
(c) authorize a person to provide a service or give assistance of a type that the person is qualified to provide or give;
(d) require a person to provide a service or give assistance of a type that the person is qualified to provide or give;
(e) provide for, maintain and coordinate the provision and maintenance of necessities.
(2) Subsection (1) (b) (i) and (iv) applies despite any enactment governing tenancies or the recovery of property.
(3) Subsection (1) (c) and (d) applies despite any contract, including a collective agreement.

Land and other property
76 (1) The minister may, by order, do one or more of the following:
(a) appropriate, use or control the use of any personal property;
(b) use or control the use of any land;
(c) authorize the entry without warrant into any structure or onto any land by any person for the purpose of taking emergency measures;
(d) prohibit the entry into any structure or onto any land by any person;
(e) authorize or require the alteration, removal or demolition of any trees, crops, structures or landscapes;
(f) authorize or require the construction, alteration, removal or demolition of works;
(g) require the owner of a structure to
(i) have any damage to the structure assessed, and
(ii) give the results of the assessment to the minister or a person in a class of persons specified by the minister.
(2) The power under subsection (1) (b) to use or control the use of land does not apply to specified land.

General restrictions
78 (1) The minister may, by order, control or prohibit one or more of the following:
(a) travel to or from any area;
(b) the carrying on of a business or a type of business;
(c) an event or a type of event.
(2) The minister may, by order, do one or more of the following:
(a) require a person to stop doing an activity, including an activity that a person is licensed, permitted or otherwise authorized to do under an enactment;
(b) put limits or conditions on doing an activity, including limits or conditions that have the effect of modifying a licence, permit or other authorization issued under an enactment.

Clearly, the Bill is much longer than this. But what do these sections include?

  • Establish price controls of “essential goods”
  • Establish rationing of “essential goods”
  • Require (force) people to provide certain services
  • Appropriate or control someone’s private land
  • Allow warrantless searches
  • Prohibit people from entering their property
  • Prevent travel
  • Prohibit certain types of businesses
  • Prohibit or restrict activities

Sound familiar? It should. These things were implemented throughout British Columbia through 2020 to 2022, but under the pretense of “disease prevention”. All that’s missing are the injection passports and the mask mandates.

3. B.C. Public Health Act (2009), Derivative Of WHO-IHR

People will no doubt remember the years of endless (and seemingly arbitrary) dictates from BCPHO Bonnie Henry, and Health Minister Adrian Dix. But what allowed them to do this?

General powers respecting health hazards and contraventions
31 (1)If the circumstances described in section 30 [when orders respecting health hazards and contraventions may be made] apply, a health officer may order a person to do anything that the health officer reasonably believes is necessary for any of the following purposes:
(a) to determine whether a health hazard exists;
(b) to prevent or stop a health hazard, or mitigate the harm or prevent further harm from a health hazard;
(c) to bring the person into compliance with the Act or a regulation made under it;
(d) to bring the person into compliance with a term or condition of a licence or permit held by that person under this Act.
(2) A health officer may issue an order under subsection (1) to any of the following persons:
(a) a person whose action or omission
(i) is causing or has caused a health hazard, or
(ii) is not in compliance with the Act or a regulation made under it, or a term or condition of the person’s licence or permit;
(b) a person who has custody or control of a thing, or control of a condition, that
(i) is a health hazard or is causing or has caused a health hazard, or
(ii) is not in compliance with the Act or a regulation made under it, or a term or condition of the person’s licence or permit;
(c) the owner or occupier of a place where
(i) a health hazard is located, or
(ii) an activity is occurring that is not in compliance with the Act or a regulation made under it, or a term or condition of the licence or permit of the person doing the activity.

Specific powers respecting health hazards and contraventions
32(1) An order may be made under this section only
(a) if the circumstances described in section 30 [when orders respecting health hazards and contraventions may be made] apply, and
(b) for the purposes set out in section 31 (1) [general powers respecting health hazards and contraventions].

32(2) Without limiting section 31, a health officer may order a person to do one or more of the following:
(a) have a thing examined, disinfected, decontaminated, altered or destroyed, including
(i) by a specified person, or under the supervision or instructions of a specified person,
(ii) moving the thing to a specified place, and
(iii) taking samples of the thing, or permitting samples of the thing to be taken;
(b) in respect of a place,
(i) leave the place,
(ii) not enter the place,
(iii) do specific work, including removing or altering things found in the place, and altering or locking the place to restrict or prevent entry to the place,
(iv) neither deal with a thing in or on the place nor dispose of a thing from the place, or deal with or dispose of the thing only in accordance with a specified procedure, and
(v) if the person has control of the place, assist in evacuating the place or examining persons found in the place, or taking preventive measures in respect of the place or persons found in the place;
(c) stop operating, or not operate, a thing;
(d) keep a thing in a specified place or in accordance with a specified procedure;
(e) prevent persons from accessing a thing;
(f) not dispose of, alter or destroy a thing, or dispose of, alter or destroy a thing only in accordance with a specified procedure;
(g) provide to the health officer or a specified person information, records, samples or other matters relevant to a thing’s possible infection with an infectious agent or contamination with a hazardous agent, including information respecting persons who may have been exposed to an infectious agent or hazardous agent by the thing;
(h) wear a type of clothing or personal protective equipment, or change, remove or alter clothing or personal protective equipment, to protect the health and safety of persons;
(i) use a type of equipment or implement a process, or remove equipment or alter equipment or processes, to protect the health and safety of persons;
(j) provide evidence of complying with the order, including
(i) getting a certificate of compliance from a medical practitioner, nurse practitioner or specified person, and
(ii) providing to a health officer any relevant record;
(k) take a prescribed action.
(3) If a health officer orders a thing to be destroyed, the health officer must give the person having custody or control of the thing reasonable time to request reconsideration and review of the order under sections 43 and 44 unless
(a) the person consents in writing to the destruction of the thing, or
(b) Part 5 [Emergency Powers] applies.

While not identical, the B.C. Public Health Act provides many of the same restrictions that Bill 31 would (if enacted). Primarily, property and personal rights can be suspended in an open ended manner, under the excuse of an emergency.

It’s also worth mentioning the the “Public Officials” involved in issuing orders are exempt from legal liability, and cannot be sued. It’s written right into the legislation.

SENDAI FRAMEWORK, B.C. BILL 31
(1) https://www.leg.bc.ca/parliamentary-business/legislation-debates-proceedings/42nd-parliament/4th-session/bills/bills-with-hansard-debate
(2) https://www.leg.bc.ca/documents-data/debate-transcripts/42nd-parliament/4th-session/20231003am-Hansard-n331#bill31-1R
(3) https://www.preventionweb.net/publication/sendai-framework-disaster-risk-reduction-2015-2030
(4) https://www.preventionweb.net/files/43291_sendaiframeworkfordrren.pdf
(5) https://www.preventionweb.net/files/44983_sendaiframeworkchart.pdf
(6) Sendai Framework 2015 Full Text English
(7) https://en.wikipedia.org/wiki/World_Conference_on_Disaster_Risk_Reduction
(8) https://www.unisdr.org/files/8241_doc6841contenido1.pdf
(9) https://www.unisdr.org/2005/wcdr/intergover/official-doc/L-docs/Hyogo-framework-for-action-english.pdf

WHO TREATIES, INTERNATIONAL HEALTH REGULATIONS
(1) https://canucklaw.ca/wp-content/uploads/WHO-Constitution-Full-Document.pdf
(2) https://www.who.int/about/governance/constitution
(3) https://apps.who.int/gb/bd/
(4) https://apps.who.int/gb/bd/pdf_files/BD_49th-en.pdf#page=6
(5) https://www.treaty-accord.gc.ca/
(6) https://www.treaty-accord.gc.ca/index.aspx
(7) https://www.treaty-accord.gc.ca/details.aspx?lang=eng&id=103984&t=637793587893732877
(8) https://www.treaty-accord.gc.ca/details.aspx?lang=eng&id=103986&t=637862410289812632
(9) https://www.treaty-accord.gc.ca/details.aspx?lang=eng&id=103990&t=637793587893576566
(10) https://www.treaty-accord.gc.ca/details.aspx?lang=eng&id=103994&t=637862410289656362
(11) https://www.treaty-accord.gc.ca/details.aspx?lang=eng&id=103997&t=637793622744842730
(12) https://www.treaty-accord.gc.ca/details.aspx?lang=eng&id=105025&t=637793622744842730
(13) https://canucklaw.ca/provincial-health-acts-are-really-just-who-ihr-domestically-implemented/
(14) https://canucklaw.ca/the-other-provincial-health-acts-written-by-who-ihr/
(15) WHO International Health Regulations, 3rd Edition 2005

U.N. Sendai Framework Introduced Domestically Via B.C. Bill 31 (Emergency & Disaster Management Act)

A few weeks ago, British Columbia Bill 31, the Emergency and Disaster Management Act, made ripples because of the embedded language which seemed to be a threat to property rights. Under the pretense of emergencies, rights could be suspended in a manner that heavily paralleled the Public Health Act.

However, it’s noteworthy that the B.C. Government isn’t actually responsible for this legislation. It’s domestic implementation of the United Nations Sendai Framework, signed in Japan in 2015.

Introduction and
First Reading of Bills
.
BILL 31 — EMERGENCY AND DISASTER MANAGEMENT ACT
.
Hon. B. Ma presented a message from Her Honour the Lieutenant-Governor: a bill intituled Emergency and Disaster Management Act.
.
Hon. B. Ma: I move that Bill 31 be introduced and read a first time now.
.
Mr. Speaker, I’m pleased to introduce the Emergency and Disaster Management Act. This bill delivers on government’s pledge to introduce modernized emergency management legislation that aligns with the United Nations Sendai framework for disaster risk reduction, the international best practices for how we make our communities safer and more resilient.
.
This legislation formally recognizes the rights of First Nations as decision-makers in emergency management, which is an important step in aligning B.C.’s approach with the declaration on the rights of Indigenous peoples.
.
The Emergency and Disaster Management Act moves towards a holistic four-phase approach of mitigation, preparation, response and recovery. It embraces disaster risk reduction and will require that climate risk be assessed so that entities can better mitigate the impacts of climate-related emergencies before they happen.
.
This bill updates the concept of what constitutes an emergency to reflect modern realities and risks and provides improved tools for response and recovery. I look forward to debate on this bill and, ultimately, to the improvements it will bring for the safety of people across British Columbia.
.
Mr. Speaker: Members, the question is the first reading of the bill.
.
Motion approved.

It’s also explicitly stated that it will be used to “mitigate the risks” of climate change, but without specifying what those risks are.

Bill 31 is quite long, but here are a few notable parts. Section 76 allows the Minister to suspend property rights under the guise of mitigating an emergency. It also allows for warrantless entry under that same pretense.

Furthermore, the Minister is able to order that property be destroyed …. including crops. By this logic, food supply would not be secure either.

Land and other property
76 (1) The minister may, by order, do one or more of the following:
(a) appropriate, use or control the use of any personal property;
(b) use or control the use of any land;
(c) authorize the entry without warrant into any structure or onto any land by any person for the purpose of taking emergency measures;
(d) prohibit the entry into any structure or onto any land by any person;
(e) authorize or require the alteration, removal or demolition of any trees, crops, structures or landscapes;
(f) authorize or require the construction, alteration, removal or demolition of works;
(g) require the owner of a structure to
(i) have any damage to the structure assessed, and
(ii) give the results of the assessment to the minister or a person in a class of persons specified by the minister.
(2) The power under subsection (1) (b) to use or control the use of land does not apply to specified land.

Section 78 would give the Government the power to restrict travel and movement, shut down businesses, and various events. This greatly parallels what happened from 2020 to 2022. The difference here is that the excuse isn’t a disease.

General restrictions
78 (1) The minister may, by order, control or prohibit one or more of the following:
(a) travel to or from any area;
(b) the carrying on of a business or a type of business;
(c) an event or a type of event.
(2) The minister may, by order, do one or more of the following:
(a) require a person to stop doing an activity, including an activity that a person is licensed, permitted or otherwise authorized to do under an enactment;
(b) put limits or conditions on doing an activity, including limits or conditions that have the effect of modifying a licence, permit or other authorization issued under an enactment.

Section 82 says that the Lieutenant Governor in Council can make retroactive orders. This would presumably legalize actions that would previously have been illegal.

Section 139 makes it clear that compliance is mandatory.

Section 140 gives provincial administrators the power to ask for police enforcement

Section 141 outlines judicial remedies to obtain injunction.

Section 154 provides protection from legal proceedings for pretty much anyone involved in implementing emergency management orders.

There is much more to this Bill, and that will be covered in a follow-up.

Now, what does this have to do with the United Nations?

Turns out, that the Sendai Framework was agreed to in 2015, and this is just B.C. implementing their version of it. This is also the third conference, with the first being Yokohama in 1994, and the second in Hyogo in 2005. The specific agency is the UNDDR, the United Nations Office for Disaster Risk Reduction.

The full text of the Sendai Framework for Disaster Risk Reduction (see archive) is available online. As should be apparent, Bill 31 heavily copies this content.

And the Emergency & Disaster Management Act heavily mirrors the Provincial Public Health Acts, which strip away property rights under the cloak of disease prevent. Those have been covered here and here.

More to come!

(1) https://www.leg.bc.ca/parliamentary-business/legislation-debates-proceedings/42nd-parliament/4th-session/bills/bills-with-hansard-debate
(2) https://www.leg.bc.ca/documents-data/debate-transcripts/42nd-parliament/4th-session/20231003am-Hansard-n331#bill31-1R
(3) https://www.preventionweb.net/publication/sendai-framework-disaster-risk-reduction-2015-2030
(4) https://www.preventionweb.net/files/43291_sendaiframeworkfordrren.pdf
(5) https://www.preventionweb.net/files/44983_sendaiframeworkchart.pdf
(6) Sendai Framework 2015 Full Text English
(7) https://en.wikipedia.org/wiki/World_Conference_on_Disaster_Risk_Reduction

Private Member’s Bill C-245 DEFEATED: Would Entrench Climate Change Into Canadian Infrastructure Bank

Last year a Private Member’s Bill was defeated, and it wasn’t widely reported. This is interesting because of the subject matter, namely, embedding climate change into the agenda of the Canada Infrastructure Bank. This would have allowed the C.I.B. to become even more of a giant slush fund, doling out money for eco causes.

It was introduced February 8th, 2022, by N.D.P. M.P. Niki Ashton of Manitoba. It was soon defeated in Parliament, on June 22nd.

Of course, the usual disclaimer must be added in: just because this particular Bill was defeated, that doesn’t mean it won’t be reintroduced. Nor does it mean that it won’t be embedded into some larger legislation at some point in the future.

1 Section 6 of the Canada Infrastructure Bank Act is replaced by the following:
.
Purpose of Bank
6 The purpose of the Bank is to invest in infrastructure projects in Canada or partly in Canada that are end in the public interest by, for example, supporting conditions that foster climate change mitigation or adaptation, or by contributing to the sustainability of infrastructure in Canada.

3 Section 7 is amended by adding the following after subsection (1):
Priority
(1.‍1) In carrying out the functions set out in subsection (1), the Bank must give priority to:
(a) investments from public institutions, all levels of governments and Northern and Indigenous communities;
(b) infrastructure projects that propose measures aimed at mitigating or adapting to climate change; and
(c) infrastructure projects that are not harmful to the environment.

4 Section 8 of the Act is amended by adding the following after subsection (1):
Membership
(1.‍1) The membership of the Board 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.

Worth noting as well: had this Bill passed in its original form, it would have put racial quotas into the Board of the C.I.B.

  • Canadian Climate Institute
  • Environmental Defence Canada
  • ONE Global (Canada)

Environmental Defence Canada is an interesting group to lobby Parliament. Why? Because Nathaniel Wallace, one of their lobbyists, was a Parliamentary Assistant (part Time) for Niki Ashton. No conflict of interest here.

Again, just because this specific Bill was voted down, that doesn’t mean that it won’t come back in some form. Stay vigilant.

Sources:
(1) https://www.parl.ca/legisinfo/en/bills?page=3
(2) https://www.parl.ca/legisinfo/en/bill/44-1/c-245
(3) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-245/first-reading
(4) https://www.ourcommons.ca/Members/en/niki-ashton(36037)
(5) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/cmmLgPblcVw?comlogId=536746
(6) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=358871&regId=922011&blnk=1
(7) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=13022&regId=931577

Private Member Bills In Current Session:
(A) Bill C-206: Decriminalizing Self Maiming To Avoid Military Service
(B) Bill C-207: Creating The “Right” To Affordable Housing
(C) Bill C-219: Creating Environmental Bill Of Rights
(D) Bill C-226: Creating A Strategy For Environmental Racism/Justice
(E) Bill C-229: Banning Symbols Of Hate, Without Defining Them
(F) Bill C-235: Building Of A Green Economy In The Prairies
(G) Bill C-250: Imposing Prison Time For Holocaust Denial
(H) Bill C-261: Red Flag Laws For “Hate Speech”
(I) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(J) Bill C-312: Development Of National Renewable Energy Strategy
(K) Bill C-315: Amending CPPIB Act Over “Human, Labour, Environmental Rights”
(L) Bill S-215: Protecting Financial Stability Of Post-Secondary Institutions
(M) Bill S-243: Climate Related Finance Act, Banking Acts
(N) Bill S-248: Removing Final Consent For Euthanasia
(O) Bill S-257: Protecting Political Belief Or Activity As Human Rights

Private Member’s Bill C-315: Amending CPPIB Act Over “Human, Labour And Environmental Rights”

New Democrat Member of Parliament Alistair MacGregor recently introduced Bill C-315, to amend the Canada Pension Plan Investment Board Act. At least, his name is on it. It’s unclear if he actually wrote this legislation.

On the surface, this is a Bill to get Canada’s national pension plan to move away from certain activities, at least as far as investing is concerned. To the novice reader, there’s nothing objectionable. It’s short, and (apparently) straight to the point.

But, at its core, this is a form of economic warfare against certain industries. Companies (or sectors)

Preamble
Whereas the Canada Pension Plan is a major pillar of Canada’s retirement income system and the Canada Pension Plan fund is one of the largest sovereign wealth funds in the world;
.
Whereas capital markets can have a tremendous impact and influence on environmental and social outcomes;
.
And whereas Canada, having a long history as a defender of human rights and freedoms, is committed to promoting responsible business practices and holding to account those who violate human, labour and environmental rights;

1 Section 35 of the Canada Pension Plan Investment Board Act is renumbered as subsection 35(1) and is amended by adding the following:
Considerations
(2) The investment policies, standards and procedures, in order to take into account environmental, social and governance factors, shall provide that no investment may be made or held in an entity if there are reasons to believe that the entity has, in performing acts or carrying out work,
(a) committed human, labour or environmental rights violations;
(b) produced arms, ammunition, implements or munitions of war prohibited under international law; or
(c) ordered, controlled or otherwise directed acts of corruption under any of sections 119 to 121 of the Criminal Code or sections 3 or 4 of the Corruption of Foreign Public Officials Act.

In fairness, it’s nice that this is transparent about its intent. The CPPIB Act is to be amended to use its financial power to influence social change.

Admittedly, this Bill isn’t entirely bad. It does make sense not to do business with companies that are engaged in arms manufacturing if they may be a threat to Canada.

However, some of the more subjective areas leave opportunities for double standards to take place. Who decides if “environmental rights” have been violated? Considering vaccine passports were a recent issue, what qualifies as “human rights” violations? What about “labour rights”? Would it be illegal to bring in replacement workers? Since none of this is clearly defined, how could any sort of consistency be applied?

This is a common problem in these kinds of bills. Since key terms are undefined, then everything becomes subjective, and impossible to enforce in any uniform matter. Politicians may vote on them, but then it is up to unelected bureaucrats to work out the details.

Sources:
(1) https://www.parl.ca/legisinfo/en/overview
(2) https://www.ourcommons.ca/Members/en/alistair-macgregor(89269)
(3) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-315/
(4) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-315/first-reading

Private Member Bills In Current Session:
(A) Bill C-207: Creating The “Right” To Affordable Housing
(B) Bill C-219: Creating Environmental Bill Of Rights
(C) Bill C-226: Creating A Strategy For Environmental Racism/Justice
(D) Bill C-229: Banning Symbols Of Hate, Without Defining Them
(E) Bill C-235: Building Of A Green Economy In The Prairies
(F) Bill C-250: Imposing Prison Time For Holocaust Denial
(G) Bill C-261: Red Flag Laws For “Hate Speech”
(H) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(I) Bill C-312: Development Of National Renewable Energy Strategy
(J) Bill S-243: Climate Related Finance Act, Banking Acts
(K) Bill S-248: Removing Final Consent For Euthanasia
(L) Bill S-257: Protecting Political Belief Or Activity As Human Rights