Category: LGBTQ

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Action4Canada Sued In Kelowna For Defamation

Action4Canada (A4C) will be back in Court soon, but for an entirely different reason. It seems that a drag performer didn’t like what the group was saying about him. The Plaintiff, Tyson Cook, filed a defamation lawsuit in Kelowna on December 19th. It listed the organization, 3 named Defendants, and 1 unidentified Defendant.

In addition to seeking damages, it’s clear that an Injunction will be sought to take the postings down, and to prevent future ones from going up.

Unlike the train wreck the group filed in August 2021, this suit is short, to the point, and well written. It spells out exactly what has been said and done.

To be clear, this isn’t a defence of drag performances in general. However, people REALLY need to be careful about what they publish on the topic, since it can result in lawsuits.

According to the Notice of Civil Claim, or NOCC, the content published by Action4Canada goes far, far beyond criticizing Cook for being a performer. The postings quoted are still available online.

It makes accusations that he:

  • is a pedophile
  • sexualizes children
  • exploits and abuses minors
  • is a sexual deviant
  • indoctrinates children
  • is connected to a rise in child pornography and sexual abuse
  • performs sexually explicit content in the presence of children
  • promotes self-harm, murder, and cannibalism to children, and/or
  • is an inappropriate role model for children

The content is still up on the Action4Canada website today.

In one such publication from last year, A4C posts his photo along with allegations of specific sexual offences.

20… The following sections provide the categories of offences tending to sexually exploit and corrupt the morals of minors, and/or make available or promote, sexually explicit material or activities: Section 151, 152, 153 (1), 163.1, 171.1(5), 172.1(1), 173 (2), 174 (1), 175(1) (see attachment). These are indictable offences liable to imprisonment.

Although the sections of the Criminal Code of Canada are listed, the actual offences are not specified in the Claim. Here they all are.

  1. s.151: Sexual interference
  2. s.152: Invitation to sexual touching
  3. s.153(1): Sexual exploitation
  4. s.163(1): Child pornography
  5. s.171.1(5): Making sexually explicit material available to child
  6. s.172.1: Luring a child
  7. s.173: Indecent acts
  8. s.174: Nudity
  9. s.175: Causing disturbance, indecent exhibition, loitering, etc.

It’s rather baffling that A4C would post such content, which explicitly accuses him of child sex crimes, but not expect a lawsuit in response. One has to wonder if A4C genuinely believed this to be the case, why not call the police?

What About Bringing An Application To Strike?

Rule 9-5 of Civil Procedure for British Columbia does allow for Applications to Strike if a NOCC hasn’t been pleaded properly. That is, of course, what happened with A4C’s previous 391 page suit.

That’s not the case here though. The entire NOCC is just 17 pages, including the covers. It clearly spells out the expression which is being sued upon, who made it, and when. It’s explained why Cook finds it defamatory. Whether or not it can be proven at Trial is another question, but it won’t be struck.

What About An Anti-SLAPP Application?

For reference, B.C. does have the PPPA, or the Protection of Public Participation Act of 2019. It’s based heavily on the Ontario model, and it written in an almost identical manner.

Note: This isn’t legal advice, just commentary.

(1) The Defendant must convince the Judge the expression is of public interest. If this is done, the burden shifts to the Plaintiff to do 3 things:

(2a) Convince the Judge that the case has substantial merit.

(2b) Convince the Judge that there’s no likely defence.

(2c) Convince the Judge that the public interest in allowing the case to proceed to greater than the public interest in protecting the expression.

It may be a very hard sell for A4C to persuade that these kind of accusations are of public interest. But even if they do, it’s far from over. The case clearly has substantial merit (2a) — he’s called a pedo, among other things — and a Judge will very likely prefer that Cook get his day in Court (2c). The only possible defence here would be one of truth, if it can be established.

[1] Rainbow Alliance Dryden et al. v. Webster. This Ontario case involved comments about “groomers”, which was found to not be public interest speech, among other flaws. That Judge rejected “fair comment” as a defence, dismissed an anti-SLAPP Motion and allowed the case to proceed.

That case also had EGALE Canada acting as an Intervenor. It’s not too farfetched to think that they’ll also try to get involved with Cook and A4C.

[2] Teneycke v McVety, is an Ontario case which saw the anti-SLAPP Motion dismissed. It made allegations that pharma lobbying and a connection to Doug Ford were the reasons the Canada Christian College and School of Graduate Theological Studies didn’t receive Provincial certification. The school was against vaccine mandates. While Kory Teneycke is indeed a lobbyist with Rubicon Strategies, and has political ties to Ford, cause and effect couldn’t be established.

[3] Dong v. Global News is another case that survived an anti-SLAPP Motion in Ontario. Some CSIS sources had believed that M.P. Han Dong had betrayed the “2 Michaels” who were held by China. However, Global News published this as if it were an established fact. The defences of truth and responsible communication failed.

A4C may face the same hurdles with establishing truth or responsible publication. All 3 of the above cases saw their Motions dismissed, at substantial costs to the Defendants.

Another problem here is that not everything can be classified as expression.

18. On or about January 20, 2023, the Defendants, Action4Canada and/or Person A, created an online petition entitled “STOP Taxpayer Funded Drag Queen Sexualization of Children” (the “Petition”), and posted the Petition on the website CitizenGo. The Petition remains available online for individuals to sign virtually.

19. Please sign and share this petition and demand that the City of Kelowna STOP using taxpayers’ money to fund Drag Queen Story Hours, and further demand that the School District reassess Mr. Cook’s suitability as an EA”.

One other factor that goes against A4C relying on anti-SLAPP laws is that this wasn’t just about expression or speech. They created a petition, and essentially tried to get him fired from his job.

Would This Lawsuit Be Covered By Insurance?

44. On or about April 25, June 18, and December 4, 2024, counsel for the Plaintiff sent cease and desist letters to the Defendants, advising them that the Defamatory Publications were false and defamatory. The cease and desist letters demanded that the Defendants remove the Defamatory Publications from the internet and refrain from posting further defamatory statements.

According to the NOCC, Cook’s lawyers sent several cease and desist letters demanding that the content in question be removed. A4C does have insurance, which is not surprising. However, it would be interesting to know if these letters were ever forwarded. For the purpose of mitigating risk, they should have been.

(a) If these letters were never forwarded, an insurance company may very well refuse to cover a lawsuit, and leave A4C to fend for themselves.

(b) If these letters were indeed forwarded, it’s inevitable that an insurer would have insisted the content be removed. After all, their business involves minimizing risk. If that was ignored, then again, the insurer would likely refuse to cover the expenses involved in defending the case.

So, A4C is in trouble again. If the group had any sense, they would take down the postings — voluntarily — and work to settle the case quickly. It’s not disputed at all that Cook does drag shows, but the other allegations may be very difficult to prove.

Action4Canada needs to hire a competent lawyer.

(1) Cook Action4Canada – Notice Of Civil Claim
(2) https://www.bclaws.gov.bc.ca/civix/document/id/lc/statreg/168_2009_01#rule9-5
(3) https://laws-lois.justice.gc.ca/eng/acts/C-46/page-28.html#h-118604
(4) https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/19003
(5) https://www.canlii.org/en/on/onsc/doc/2023/2023onsc7050/2023onsc7050.html
(6) https://www.canlii.org/en/on/onsc/doc/2023/2023onsc1710/2023onsc1710.html
(7) https://www.canlii.org/en/on/onsc/doc/2024/2024onsc3532/2024onsc3532.html

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Bill S-210: Age Restricting Pornography, Women’s LEAF Opposed To It

Bill S-210 passed through the Senate in the Spring of 2023, and has yet to undergo Third Reading in the House of Commons, after the hearings concluded. It had been introduced by Senator Julie Miville-Dechêne of Quebec.

The Bill itself is titled: An Act to restrict young persons’ online access to sexually explicit material. As the name implies, the substance is about age restricting access to pornography.

What’s interesting about this Bill is some of the groups that work to oppose it, and all while claiming to fight for women’s rights. One such organization is Women’s LEAF, the Women’s Legal Education and Action Fund. Leslyn Lewis was once a National Board Member of it.

LEAF describes itself as:

a national, charitable, non-profit organization that works towards ensuring the law guarantees substantive equality for all women, girls, trans, and non-binary people. LEAF has developed expertise in the gendered and intersectional impact of technology-facilitated violence through intervening in landmark cases before the Supreme Court of Canada and making submissions to Parliament to highlight gender equity implications of online hate.

At the hearings before the House of Commons, LEAF made submissions, arguing against Bill S-210. The reasons are baffling.

In fairness, LEAF is hardly the only one to argue against Bill S-210. We’ll get into some of the others as well in subsequent articles.

Rather than implement age-restriction specifically for obscene material, LEAF instead defers to the much broader Bill C-63. While decrying possible invasions of privacy, the group recommends something more expansive.

***NCDII stands for non-consensual distribution of intimate images.

LEAF also has a rather convoluted objection to age-verification, under the guise of victims’ rights. While hundreds of underage people (mostly girls) have been victimized, requiring identification would make it harder for them to access their own images.

This means that LEAF is well aware of that the content of minors is often published, but age-verification can’t be allowed in order to allow victims some recourse. Perhaps a more stringent screening process beforehand would be helpful.

LEAF also adds that “To steer clear of such an inordinate penalty, tech companies are likely to over-moderate content on their sites. 2SLGBTQIA+ community members will bear the brunt of this change: through sexual content moderation, queer and trans content is already disproportionately targeted, banned, restricted, and demonetized on social media platforms“.

While denying that the “community” is full of groomers, LEAF argues that age-verification will disproportionately impact these people.

Defence — legitimate purpose
(2) No organization shall be convicted of an offence under section 5 if the act that is alleged to constitute the offence has a legitimate purpose related to science, medicine, education or the arts.

Keep in mind, section 6(2) of Bill S-210 makes it clear that legitimate purposes related to: (a) science; (b) medicine; (c) education; or (d) “the arts” is a full defence. And “arts” is presumably a broad category. Nonetheless, LEAF still opposes age-verification.

DEPARTMENT/MINISTRY YEAR AMOUNT
Canadian Heritage (PCH), Court Challenges 2022 $25,000.00
Canadian Heritage (PCH), Court Challenges 2023 $54,475.05
Canadian Heritage (PCH), Court Challenges 2024 $54,475.05
Employment and Social Development Canada (ESDC) 2022 $8,911.00
Employment and Social Development Canada (ESDC) 2023 $8,400.00
Employment and Social Development Canada (ESDC) 2024 $8,400.00
Justice Canada (JC) 2023 $33,712.34
Justice Canada (JC) 2024 $33,712.34
Women and Gender Equality (WAGE) 2022 $362,668.00
Women and Gender Equality (WAGE) 2023 $364,183.53
Women and Gender Equality (WAGE) 2024 $364,183.53

This is just some of their more recent financing.

The Canadian Court Challenges Program is an initiative set up with public money in order for various “independent” groups to bring lawsuits challenging public policy. In other words, taxpayers have to finance lawfare against their own institutions.

For an idea of the kind of litigation that LEAF brings, check out some of their earlier work. It’s not a stretch to describe them as anti-family, anti-woman, and anti-humanity.

Lately, LEAF has been using a lobbying firm called Counsel Public Affairs. Bridget Howe, Ben Parsons, Sheamus Murphy, and Laila Hawrylyshyn (all Liberals) have been making their rounds. Counsel P.A. also employs Amber Ruddy, drug lobbyist and former CPC National Secretary.

Women’s LEAF, like so many groups, is also significantly subsidized by taxpayers, across different Ministries. They then hire lobbyists to lean on politicians to implement their agendas. In other words, organizations like these are using public money to pressure politicians against implementing safeguards for what children view online.

You don’t hate these people enough.

BILL S-210, (AGE RESTRICTING PORNOGRAPHY):
(1) https://www.parl.ca/legisinfo/en/bills
(2) https://www.parl.ca/legisinfo/en/bill/44-1/s-210
(3) https://www.parl.ca/DocumentViewer/en/44-1/bill/S-210/third-reading
(4) https://sencanada.ca/en/senators/miville-dechene-julie/
(5) https://www.ourcommons.ca/Committees/en/SECU/StudyActivity?studyActivityId=12521982
(6) Women’s LEAF Submission Against Implementing Bill S-210

BILL S-224, (HUMAN TRAFFICKING):
(1) https://www.parl.ca/legisinfo/en/bills
(2) https://www.parl.ca/legisinfo/en/bill/44-1/s-224
(3) https://www.parl.ca/DocumentViewer/en/44-1/bill/S-224/third-reading
(4) https://sencanada.ca/en/senators/ataullahjan-salma/
(5) https://www.ourcommons.ca/Committees/en/JUST/StudyActivity?studyActivityId=12111640

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”
(10.1) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(10.2) Bill C-293: Concerns Raised In Hearings Over Food Supplies
(10.3) Bill C-293: Lobbying Interests Behind Nathaniel Erskine-Smith
(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 C-390: Expanding Euthanasia Into PROVINCIAL Frameworks
(17) Bills C-398/C-399: Homeless Encampments, Immigration “Equity”
(18) Bill C-413: Prison Time Proposed For Residential School “Denialism”
(19) Bill S-215: Protecting Financial Stability Of Post-Secondary Institutions
(20) Bill S-243: Climate Related Finance Act, Banking Acts
(21) Bill S-248: Removing Final Consent For Euthanasia
(22) Bill S-257: Protecting Political Belief Or Activity As Human Rights
(23) Bill S-275: Adding “Sustainable And Equitable Prosperity” To Bank Of Canada Act

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Egale Canada, Registered Charity Getting Public Money

This is a follow up on Egale Canada. For the earlier critique of their work, see this piece. This time, we get a bit heavier into the financial side of things, and see how big things really are. Remember, your tax dollars are helping to finance this, regardless of personal views.

As an aside, Egale received $513,801 from CEWS, the Canada Emergency Wage Subsidy, back in 2020. It got another $35,779 in 2021. Interesting priorities.

From its publicly available filings, it’s clear that after 2012, Canadian taxpayers are financing this organization to a great degree. And that doesn’t even factor in the rebates that private donors receive from Revenue Canada.

YEAR TOTAL $ GOV’T OTHER % GOV’T EXPENSES
2006 $40,123 $2,507 $37,616 6.2 % $15,193
2007 $24,644 $0 $24,644 0.0 % $18,777
2008 $53,154 $6,578 $46,576 12.4 % $61,661
2009 $106,471 $0 $106,471 0.0 % $104,518
2010 $259,365 $0 $259,365 0.0 % $209,962
2011 $464,975 $0 $464,975 0.0 % $408,782
2012 $707,761 $345,963 $361,798 48.9% $690,912
2013 $1,801,607 $1,290,184 $511,423 71.6 % $1,808,589
2014 $1,704,083 $910,500 $793,583 46.6 % $1,728,727
2015 $2,014,901 $887,075 $1,127,826 44.0 % $2,013,484
2016 $2,798,237 $1,154,301 $1,643,936 41.3 % $2,311,837
2017 $3,851,872 $1,132,350 $2,719,522 29.4 % $3,578,714
2018 $3,704,557 $3,524,832 $179,725 95.1 % $3,916,554
2019 $4,095,433 $3,831,557 $263,876 93.6 % $4,043,359
2020 $2,833,582 $2,637,412 $196,170 93.1 % $2,754,446
2021 $3,635,394 $1,891,479 $1,743,915 52.0 % $3,595,380
2022 $4,763,496 $3,163,263 $1,600193 66.4 % $4,615,041

There are some discrepancies with the data copied from the C.R.A. website, as it appears that not all of the same categories are listed in the “short version”. Notably, CEWS isn’t included. The categories also aren’t consistent across the years, so we’ll do our best.

Note: the form for 2007 is incomplete. However, the assets listed in 2006 were totaled at $50,783. In 2007, it was given at $56,650. From that, we will assume that the change will be the difference in revenue and expenses for that year.

Equity (worth) = assets – liabilities
$56,650 – $50,783 = new revenue – $18,777
From this, assume 2007 revenue was ~ $24,644

For the years 2018 and 2019, the itemized lists lump various Government and private funding grants together, in terms of the source. However, the overall totals are the same.

Egale is raising in revenue about 100 times that rate it did less than 20 years ago. In fairness, increases in Government (or taxpayer) money has helped a lot. Assuming these records are fairly accurate, this organization has certainly been growing.

Although it would be nice to blame this on Trudeau, the growth long predates him. And the majority of Government funding appears to have been from Ontario (which is Provincial) anyway.

While Government funding costs a straight 100%, donations from private groups and individuals aren’t free either. Specifically, they are eligible for rebates from the C.R.A. of around 40 to 45 cents on the dollar.

Considering the kinds of causes that Egale takes on, is this a prudent use of public money?

CHARITY DESIGNATION WITH C.R.A., TAX INFO:
(1) https://apps.cra-arc.gc.ca/ebci/hacc/srch/pub/dsplyRprtngPrd?q.srchNmFltr=egale+canada&q.stts=0007&selectedCharityBn=888561065RR0001&dsrdPg=1
(2) Egale 2006 Tax Information Redacted
(3) Egale 2007 Tax Information Redacted
(4) Egale 2008 Tax Information Redacted
(5) Egale 2009 Tax Information Redacted
(6) Egale 2010 Tax Information Redacted
(7) Egale 2011 Tax Information Redacted
(8) Egale 2012 Tax Information Redacted
(9) Egale 2013 Tax Information Redacted
(10) Egale 2014 Tax Information Redacted
(11) Egale 2015 Tax Information Redacted
(12) Egale 2016 Tax Information Redacted
(13) Egale 2017 Tax Information Redacted
(14) Egale 2018 Tax Information Redacted
(15) Egale 2019 Tax Information Redacted
(16) Egale 2020 Tax Information Redacted
(17) Egale 2021 Tax Information Redacted
(18) Egale 2022 Tax Information Redacted

PARLIAMENTARY TESTIMONY, BILL C-22: (Raising Age Of Consent From 14 To 16)
(1) https://www.ourcommons.ca/Committees/en/JUST/StudyActivity?studyActivityId=1736719
(2) https://www.ourcommons.ca/committees/en/WitnessMeetings?witnessId=107655
(3) https://www.ourcommons.ca/DocumentViewer/en/39-1/JUST/meeting-57/evidence
(4) https://www.ourcommons.ca/Content/Committee/391/JUST/Evidence/EV2805304/JUSTEV57-E.PDF
(5) Egale Canada Opposes Raising Age Of Consent

PARLIAMENTARY TESTIMONY, BILL C-75: (Reduced Penalties For Child Sex Crimes)
(1) https://www.ourcommons.ca/Committees/en/JUST/StudyActivity?studyActivityId=10210275
(2) https://www.ourcommons.ca/DocumentViewer/en/42-1/JUST/meeting-108/evidence
(3) https://www.parl.ca/DocumentViewer/en/42-1/bill/C-75/royal-assent
(4) https://parlvu.parl.gc.ca/Harmony/en/PowerBrowser/PowerBrowserV2/20180925/-1/30041?Language=English&Stream=Video
(5) Egale Canada Human Rights Trust Bill C-75

PARLIAMENTARY TESTIMONY, BILL C-6: (Conversion Therapy)
(1) https://www.ourcommons.ca/Committees/en/JUST/StudyActivity?studyActivityId=10980515
(2) https://egale.ca/newsletter-open-letter-c6/
(3) https://egale.ca/awareness/open-letter-bill-c6/?eType=EmailBlastContent&eId=cb124b36-46bf-4cab-b648-a3c75f571873

HIV NON-DISCLOSURE: (Hiding Positive Status From Partners)
(1) https://www.ourcommons.ca/Content/Committee/421/JUST/Brief/BR10044994/br-external/EgaleCanadaHumanRightsTrust-e.pdf
(2) https://www.ourcommons.ca/Committees/en/JUST/StudyActivity?studyActivityId=10485413
(3) https://www.ourcommons.ca/committees/en/WitnessMeetings?witnessId=248803
(4) https://www.ourcommons.ca/DocumentViewer/en/42-1/JUST/meeting-149/evidence
(5) https://www.ourcommons.ca/DocumentViewer/en/42-1/JUST/report-28/
(6) https://www.justice.gc.ca/eng/cons/hiv-vih/nd.html
(7) https://www.ourcommons.ca/DocumentViewer/en/42-1/JUST/report-28/page-24

ONLINE HATE: (Censorship)
(1) https://www.ourcommons.ca/Committees/en/JUST/StudyActivity?studyActivityId=10543157
(2) https://www.ourcommons.ca/Content/Committee/421/JUST/Reports/RP10581008/justrp29/justrp29-e.pdf
(3) https://www.ourcommons.ca/DocumentViewer/en/42-1/JUST/meeting-150/evidence#Int-10636774
(4) https://parlvu.parl.gc.ca/Harmony/en/PowerBrowser/PowerBrowserV2?fk=10625547

FEDERAL GRANTS TO EGALE:
(1) https://search.open.canada.ca/grants/record/esdc-edsc,141-2022-2023-Q2-28463,current
(2) https://search.open.canada.ca/grants/record/ic,230-2021-2022-Q4-021,current
(3) https://search.open.canada.ca/grants/record/hc-sc,271-2021-2022-Q4-00122,current
(4) https://search.open.canada.ca/grants/record/esdc-edsc,141-2023-2024-Q2-10753,current
(5) https://search.open.canada.ca/grants/record/pch,016-2022-2023-Q1-1347716,current
(6) https://search.open.canada.ca/grants/record/phac-aspc,1480-2022-2023-Qrt3-0000074,current
(7) https://search.open.canada.ca/grants/record/phac-aspc,1480-2022-2023-Qrt4-0000451,current
(8) https://search.open.canada.ca/grants/record/wage,001-2022-2023-Q4-00035,current
(9) https://search.open.canada.ca/grants/record/wage,001-2023-2024-Q3-00038,current

INTERFERING WITH LEGAL PROCEEDINGS:
(1) https://egale.ca/awareness/supreme-court-of-canada-decision-affirms-trans-rights-protective-counter-speech/

PARTNERS:
(1) https://egale.ca/our-partners/

POLICIES:
(1) https://egale.ca/wp-content/uploads/2022/10/Discriminatory-and-Unworkable-FINAs-Policy-1.pdf
(2) https://egale.ca/egale-in-action/msm-blood-ban/

RACHEL GILMORE TWEET:
(1) https://twitter.com/atRachelGilmore/status/1737207763640402361

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Egale Canada – Their Own Words And Documentation

Egale Canada is a registered charity. Consequently, it’s heavily subsidized to carry out it’s activities, something that may not go over well with everyone. Are public funds being wisely spent?

Below is the source material for the video.

CHARITY DESIGNATION WITH C.R.A., TAX INFO:
(1) https://apps.cra-arc.gc.ca/ebci/hacc/srch/pub/dsplyRprtngPrd?q.srchNmFltr=egale+canada&q.stts=0007&selectedCharityBn=888561065RR0001&dsrdPg=1
(2) Egale 2006 Tax Information Redacted
(3) Egale 2007 Tax Information Redacted
(4) Egale 2008 Tax Information Redacted
(5) Egale 2009 Tax Information Redacted
(6) Egale 2010 Tax Information Redacted
(7) Egale 2011 Tax Information Redacted
(8) Egale 2012 Tax Information Redacted
(9) Egale 2013 Tax Information Redacted
(10) Egale 2014 Tax Information Redacted
(11) Egale 2015 Tax Information Redacted
(12) Egale 2016 Tax Information Redacted
(13) Egale 2017 Tax Information Redacted
(14) Egale 2018 Tax Information Redacted
(15) Egale 2019 Tax Information Redacted
(16) Egale 2020 Tax Information Redacted
(17) Egale 2021 Tax Information Redacted
(18) Egale 2022 Tax Information Redacted

PARLIAMENTARY TESTIMONY, BILL C-22: (Raising Age Of Consent From 14 To 16)
(1) https://www.ourcommons.ca/Committees/en/JUST/StudyActivity?studyActivityId=1736719
(2) https://www.ourcommons.ca/committees/en/WitnessMeetings?witnessId=107655
(3) https://www.ourcommons.ca/DocumentViewer/en/39-1/JUST/meeting-57/evidence
(4) https://www.ourcommons.ca/Content/Committee/391/JUST/Evidence/EV2805304/JUSTEV57-E.PDF
(5) Egale Canada Opposes Raising Age Of Consent

PARLIAMENTARY TESTIMONY, BILL C-75: (Reduced Penalties For Child Sex Crimes)
(1) https://www.ourcommons.ca/Committees/en/JUST/StudyActivity?studyActivityId=10210275
(2) https://www.ourcommons.ca/DocumentViewer/en/42-1/JUST/meeting-108/evidence
(3) https://www.parl.ca/DocumentViewer/en/42-1/bill/C-75/royal-assent
(4) https://parlvu.parl.gc.ca/Harmony/en/PowerBrowser/PowerBrowserV2/20180925/-1/30041?Language=English&Stream=Video
(5) Egale Canada Human Rights Trust Bill C-75

PARLIAMENTARY TESTIMONY, BILL C-6: (Conversion Therapy)
(1) https://www.ourcommons.ca/Committees/en/JUST/StudyActivity?studyActivityId=10980515
(2) https://egale.ca/newsletter-open-letter-c6/
(3) https://egale.ca/awareness/open-letter-bill-c6/?eType=EmailBlastContent&eId=cb124b36-46bf-4cab-b648-a3c75f571873

HIV NON-DISCLOSURE: (Hiding Positive Status From Partners)
(1) https://www.ourcommons.ca/Content/Committee/421/JUST/Brief/BR10044994/br-external/EgaleCanadaHumanRightsTrust-e.pdf
(2) https://www.ourcommons.ca/Committees/en/JUST/StudyActivity?studyActivityId=10485413
(3) https://www.ourcommons.ca/committees/en/WitnessMeetings?witnessId=248803
(4) https://www.ourcommons.ca/DocumentViewer/en/42-1/JUST/meeting-149/evidence
(5) https://www.ourcommons.ca/DocumentViewer/en/42-1/JUST/report-28/
(6) https://www.justice.gc.ca/eng/cons/hiv-vih/nd.html
(7) https://www.ourcommons.ca/DocumentViewer/en/42-1/JUST/report-28/page-24

ONLINE HATE: (Censorship)
(1) https://www.ourcommons.ca/Committees/en/JUST/StudyActivity?studyActivityId=10543157
(2) https://www.ourcommons.ca/Content/Committee/421/JUST/Reports/RP10581008/justrp29/justrp29-e.pdf
(3) https://www.ourcommons.ca/DocumentViewer/en/42-1/JUST/meeting-150/evidence#Int-10636774
(4) https://parlvu.parl.gc.ca/Harmony/en/PowerBrowser/PowerBrowserV2?fk=10625547

FEDERAL GRANTS TO EGALE:
(1) https://search.open.canada.ca/grants/record/esdc-edsc,141-2022-2023-Q2-28463,current
(2) https://search.open.canada.ca/grants/record/ic,230-2021-2022-Q4-021,current
(3) https://search.open.canada.ca/grants/record/hc-sc,271-2021-2022-Q4-00122,current
(4) https://search.open.canada.ca/grants/record/esdc-edsc,141-2023-2024-Q2-10753,current
(5) https://search.open.canada.ca/grants/record/pch,016-2022-2023-Q1-1347716,current
(6) https://search.open.canada.ca/grants/record/phac-aspc,1480-2022-2023-Qrt3-0000074,current
(7) https://search.open.canada.ca/grants/record/phac-aspc,1480-2022-2023-Qrt4-0000451,current
(8) https://search.open.canada.ca/grants/record/wage,001-2022-2023-Q4-00035,current
(9) https://search.open.canada.ca/grants/record/wage,001-2023-2024-Q3-00038,current

INTERFERING WITH LEGAL PROCEEDINGS:
(1) https://egale.ca/awareness/supreme-court-of-canada-decision-affirms-trans-rights-protective-counter-speech/

PARTNERS:
(1) https://egale.ca/our-partners/

POLICIES:
(1) https://egale.ca/wp-content/uploads/2022/10/Discriminatory-and-Unworkable-FINAs-Policy-1.pdf
(2) https://egale.ca/egale-in-action/msm-blood-ban/

RACHEL GILMORE TWEET:
(1) https://twitter.com/atRachelGilmore/status/1737207763640402361

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UNAIDS Releases Paper On “Human Rights-Based Approach” To Sexuality

The Joint UN Programme on HIV/AIDS, UNAIDS, recently caused a stir. This policy paper came out: “The International Committee of Jurists (ICJ) along with UNAIDS and the Office of the High Commissioner for Human Rights (OHCHR) officially launched a new set of expert jurist legal principles to guide the application of international human rights law to criminal law.”

Sounds great, doesn’t it? Topics include:

  • sexual and reproductive health and rights, including termination of pregnancy;
  • consensual sexual activities, including in contexts such as sex outside marriage, same-sex sexual relations, adolescent sexual activity and sex work;
  • gender identity and gender expression;
  • HIV non-disclosure, exposure or transmission;
  • drug use and the possession of drugs for personal use; and
  • homelessness and poverty.

As with most things, the devil’s in the details.

To address the obvious: this is not legally binding on anyone. It’s just a paper. Still, that doesn’t mean the contents won’t work their way into Federal or Provincial legislation at some point.

As part of the Who We Are section, UNAIDS describes itself as “leading the global effort to end AIDS as a public health threat by 2030 as part of the Sustainable Development Goals.”

Apparently, UNAIDS timed this document to coincide with International Women’s Day. That’s interesting, to say the least.

Anyhow, this UNAIDS document is called the: “8 March Principles for a Human Rights-Based Approach to Criminal Law Proscribing Conduct Associated with Sex, Reproduction, Drug Use, HIV, Homelessness and Poverty”. (See archive).

In fairness, there could be a lot of poor and imprecise wording throughout the document. But assuming that there’s not, it’s quite disturbing what’s been put out.

Parts I and II cover more general areas and ideas in law, and often seem quite reasonable. Having laws applied equally and fairly to all is something most people can easily get behind. But Part III is where things change.

Part III (page 20) of the document is where things really get weird. The following comments are an accurate reflection of what’s actually being written.

(Principle 14, page 21) addresses “sexual and reproductive health and rights”. Apparently no one should be held accountable for a mother drinking or doing drugs while pregnant. Non-disclosure of HIV (or presumably any disease) isn’t to be considered illegal.

Moreover, where a person’s criminal actions might result in criminal consequences, there’s to be no extra punishments based on the existence of the pregnancy. An example of this would be the homicide of a pregnant woman leading to multiple murder charges.

Are the unborn babies expected to have any rights here?

(Page 22) there’s a provision where “parents, guardians, carers, or other persons” who enable or assist children in exercising their sexual and/or reproductive rights may not be held criminally liable. Is this sort of thing to justify pedophilia and grooming?

(Principle 15, page 22) suggests that there should be laws against abortion in any capacity whatsoever. This applies both to the mother, and any third party.

(Principle 16, page 22) covers “consensual” sexual activity. While this is premised on the idea that all participants are in agreement, the wording suggests that it could be applied to adults and children.

Consensual sexual conduct, irrespective of the type of sexual activity, the sex/gender, sexual orientation, gender identity or gender expression of the people involved or their marital status, may not be criminalized in any circumstances. Consensual same-sex, as well as consensual different-sex sexual relations, or consensual sexual relations with or between trans, non-binary and other gender-diverse people, or outside marriage – whether pre-marital or extramarital – may, therefore, never be criminalized.

With respect to the enforcement of criminal law, any prescribed minimum age of consent to sex must be applied in a non-discriminatory manner. Enforcement may not be linked to the sex/gender of participants or age of consent to marriage.

Moreover, sexual conduct involving persons below the domestically prescribed minimum age of consent to sex may be consensual in fact, if not in law. In this context, the enforcement of criminal law should reflect the rights and capacity of persons under 18 years of age to make decisions about engaging in consensual sexual conduct and their right to be heard in matters concerning them. Pursuant to their evolving capacities and progressive autonomy, persons under 18 years of age should participate in decisions affecting them, with due regard to their age, maturity

The prescribed minimum age of consent to sex must be applied in a non-discriminatory manner? What does that even mean? Is it discrimination if an adult is not allowed to be with a child?

The paper also states that minors should be participating in decisions that impact them, taking their age and maturity into account. Is this an attempt to turn a prohibited practice into more of a “grey area”?

As for “age of consent to marriage”, is that a reference to child brides?

There’s the issue of not criminalizing activity involving members of the alphabet soup. Just a thought, but since it’s okay to not disclose HIV status, would it also be okay to deceive a partner about their true identity?

(Principle 17, page 23) calls for the complete decriminalization of sex work — such as prostitution, or pornography — as long as it’s done without coercion or fraud. To their credit, it’s specified to be limited to adults.

(Principle 18, page 23) says that sexual orientation or gender identity should not be criminalized, but doesn’t define either term in a meaningful way.

Beyond that, there’s to be no penalty for “exploration, free development and/or affirmation of sexual orientation or gender identity”, unless coercion is involved. This leaves open the possibility of people just larping as the opposite sex, and who don’t have gender dysphoria.

It also doesn’t address the growing issue of using gender identity as a means to attack single-sex spaces, such as prisons, changerooms and most sports.

The document further criticizes any efforts or attempts to engage in conversion therapy.

(Principle 19, page 24) implies that it’s fine to not disclose HIV positive status to a partner, as long as there’s no deliberate attempt to spread it. Presumably, this wouldn’t just apply to HIV.

(Principle 20, page 24) effectively calls for the decriminalization of all drugs for personal use, including by minors and pregnant women. Part (b) could be interpreted to mean the possession or distribution or drug paraphernalia shouldn’t be criminalized either.

The document also promotes what could be considered safe injection sites.

(Principle 21, page 24) would end vagrancy and squatting laws, if done for life-sustaining reasons. While this is all understandable, it’s unclear what will happen with property owners. All said, this section is probably the most reasonable one, as it’s not an issue of immorality.

Now, just because the United Nations releases a document, that doesn’t mean it will become law. However, content from “non-binding” papers often do trickle into domestic politics.

(1) https://www.unaids.org/en/resources/presscentre/featurestories/2023/march/20230308_new-legal-principles-decriminalization
(2) https://www.unaids.org/en/whoweare/about
(3) https://icj2.wpenginepowered.com/wp-content/uploads/2023/03/8-MARCH-Principles-FINAL-printer-version-1-MARCH-2023.pdf
(4) UNAIDS March Principles On Criminal Law Sexual Behaviours

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Ontario Private Member’s Bill 94: Creating “Community Safety Zones” By Eliminating Dissent

New Democrat M.P.P. Kristyn Wong-Tam, the Critic for the Attorney General, Small Business and 2SLGBTQI Issues, has introduced Bill 94, Keeping 2SLGBTQI+ Communities Safe Act, 2023. This would apply throughout the Province of Ontario, if passed and implemented.

This could be expensive, with violations of this resulting in fines up to $25,000.

Looking through Wong-Tam’s Twitter account, it’s full of social justice content, and she comes across as a Communist. Not surprising, given her party affiliation.

Granted, the N.D.P. is in opposition, and has no real power in Parliament. However, that’s no guarantee that it won’t be passed eventually. Now, what’s in the Bill?

2 No person shall, within 100 metres of the boundary of a property where a 2SLGBTQI+ community safety zone is located, perform an act of intimidation, including,
.
(a) causing a disturbance within the meaning of the Criminal Code (Canada);
(b) distributing hate propaganda within the meaning of the Criminal Code (Canada);
(c) uttering threats or making offensive remarks, either verbally or in writing, with respect to matters of social orientation or gender roles; or
(d) engaging in a protest or demonstration for the purpose of furthering the objectives of homophobia and transphobia.

The Bill would give the Attorney General of Ontario the power to declare any place a “community safety zone”, for a period of time. Of course, the time limits are not defined, nor are the sizes or locations of these zones.

The Attorney General would have the power to go to the courts in order to get an injunction against any person who might violate these. Now, that raises the concern that these would be politically motivated.

The term “community safety zone” is also undefined, and open to interpretation.

No effect on peaceful protests, etc.
5 For greater certainty, nothing in this Act prevents peaceful protests or demonstrations.

Now, on the surface, it appears like there is a safety mechanism to protect free speech and free expression. However, this is rather misleading.

By claiming that the content of a protest or demonstration is offensive, it can be shut down. Similarly, legitimate concerns can be smeared as homophobic or transphobic. Moreover, mere offence is enough to shut down public discourse, and that can be weaponized.

And what about things like child drag shows? Would the public be banned from protesting those, under the guise of safety and tolerance? What about transitioning children into the opposite sex?

The Bill also calls for a 2SLGBTQI+ Safety Advisory Committee to be created. Financial support to implement recommendations is included, which means it will cost taxpayers.

Again, this legislation could very well go nowhere, but nothing is assured.

(1) https://www.ola.org/en/legislative-business/bills/parliament-43/session-1/bill-94
(2) https://www.ola.org/sites/default/files/node-files/bill/document/pdf/2023/2023-04/b094_e.pdf
(3) https://twitter.com/kristynwongtam
(4) https://twitter.com/kristynwongtam/status/1643303503979241483
(5) https://twitter.com/kristynwongtam/status/1643328070940499969