Free Speech Archives

June 20, 2024June 20, 2024

Defamation Lawsuit Discontinued Against David Fisman

A University of Guelph professor has formally discontinued his action against David Fisman, a so-called “expert” from recent years. The Statement of Claim, filed in late 2022, involved him, the University of Guelph, and several of their staff. This was the result of a lengthy dispute with Byram Bridle, a faculty member there.

The Notice was “with prejudice, on a no-cost basis”. With prejudice means that it can never again be refiled. Apparently, Fisman agreed to waive costs as well.

The Guelph Defendants filed a Statement of Defence, but Fisman didn’t. Instead, his lawyers opted to commence an anti-SLAPP Motion to have the allegations against him thrown out. The scheduled date was November 19th, 2024.

Keep in mind, under Ontario law, cases dismissed under anti-SLAPP laws are typically subject to “full indemnity” cost awards. This means that the Plaintiff(s) who loses will have to pay 100% of the Defendant(s) costs in addition to their own. This is done to deter people from using the legal system as a weapon to silence free speech.

Fisman doesn’t appear to have any real connection to Guelph. The suit against him has to do with some social media postings. There are (of course) allegations of a conspiracy, but none of it is properly pled. This is the sort of thing which led to Kulvinder Gill’s $1.1 million cost award nearly 2 years ago.

Back on February 28th, 2024, there was a case conference. The Guelph Defendants also commenced an anti-SLAPP Motion of their own.

At that point, Bridle was facing 2 anti-SLAPP Motions, both presumably with full-indemnity cost awards. His solution was to arrange to have one of them dropped.

True, a case is normally “stayed” (or frozen) once this is initiated, but it doesn’t prevent the parties from consenting to discontinue the matter.

While Fisman is no longer a party to this case, Guelph’s Motion is still set to be heard in 2025. Even if the Judge rules that anti-SLAPP laws (s.137.1 of Courts of Justice Act) don’t apply, it’s likely to be dismissed anyway. The reason: Bridle is a faculty member at the school. UGuelph employees are bound by a collective bargaining agreement. In particular, Article 40 outlines that arbitration — not litigation — is the expected path. See earlier review of this case. At its core, the allegations against the university itself (and its staff) amount to a workplace dispute.

Bridle dodged one bullet by dropping his case against Fisman. It remains to be seen if he’ll come to his senses regarding the University of Guelph.

(1) https://www.ontario.ca/page/search-court-cases-online
(2) Byram Bridle Statement Of Claim
(3) Byram Bridle Statement Of Defence
(4) Byram Bridle Notice Of Discontinuance Fisman
(5) https://www.uoguelph.ca/facultyrelations/collective-agreements
(6) University Of Guelph, Text Of Collective Bargaining Agreement
(7) https://canucklaw.ca/byram-bridle-lawsuit-unlikely-to-ever-get-anywhere/
(8) https://canucklaw.ca/second-anti-slapp-motion-commenced/

May 7, 2024May 7, 2024

Jordan Peterson Quietly Drops Lawsuit Against Wilfrid Laurier University

The long anticipated anti-SLAPP Motion between Jordan Peterson and Wilfrid Laurier University (WLU) will never be heard. Shortly before it was scheduled to go ahead, the parties quietly settled the case. Or to be more accurate, Peterson dropped the lawsuit and agreed to pay partial costs.

In their Motion Record, submitted back in 2022, Laurier includes correspondence with Peterson over the scheduling of Cross-Examinations. The school attempted many times to set dates. However, it appears that he repeatedly gave them the run around.

Put simply, if a party wants to put evidence into the file, the other side is entitled to ask them questions. This is commonly referred to as “testing the evidence”. Peterson can put anything he wants into an Affidavit, as long as he’s willing to be questioned about it.

For background on the case, see here and here.

Now, he won’t be on the hook for full indemnity, or 100% of costs. This is typical when defamation suits are dismissed under section 137.1 of the Courts of Justice Act for Ontario, or the anti-SLAPP laws. Instead, he’ll only have to pay a portion of those.

To be clear, Peterson never won anything. He just negotiated a lower rate in return for abandoning this lawsuit. He dragged out the case for 5 1/2 years just to leverage reduced costs.

From the April 15th, 2024 Civil Endorsement of Justice Akazaki:

The case conference was brought before me as the judge assigned to hear the anti-SLAPP motion on April 18, 2024. Before I began the conference, counsel confirmed that there was no objection to my hearing the motion due to my participation, prior to my appointment, in an on-campus debate organized by University of Toronto students touching on the plaintiff’s ideas. I have, separately, determined there are no grounds for recusal.

The grounds for the motion for adjournment was the need to join the two related actions. Subsection 137.1(5) does not provide for judicial discretion based on other steps that could be taken, because it specifically prohibits further steps. Once an anti-SLAPP motion has been brought, the plaintiff cannot even discontinue the action: Canadian Thermo Windows Inc. v. Seangio, 2021 ONSC 6555, at para. 35. Since the grounds for seeking the adjournment entail prohibited procedural steps, I saw no reason to grant the adjournment.

I discussed with counsel the nature of the second statement of claim as being less of a libel claim than a pleading of aggravation of the cause of action set out in the first statement of claim. Counsel for the University stated that she had no instructions to bring an anti-SLAPP motion in the first claim. Counsel appeared willing to discuss a resolution of the motion, possibly subject to argument regarding costs under subsections (7) and (8).

In the event the motion is resolved or the issues change as a result of that discussion, counsel should contact my judicial assistant to inform me same.

Few people know (or will remember) that Peterson actually sued Laurier twice. The first time was after the Shepherd audio got leaked. The second was when Laurier publicly responded to the first lawsuit. The whole thing smacks of lawfare.

At the first case conference, Peterson tried to join the 2 suit. But since invoking anti-SLAPP in the second lawsuit stays that proceeding, procedurally, this isn’t allowed to happen.

Apparently, the original lawsuit is still open. This is the one which Laurier filed a 3rd Party Claim against Lindsay Shepherd, arguing that she’s responsible for damages Peterson may have suffered.

From April 18th, 2024 AMENDED Civil Endorsement of Justice Akazaki:

On consent, this court hereby orders:

The motion is granted, and this action is dismissed.

The plaintiff shall pay the defendant’s costs of the motion and of the action on a partial indemnity basis, in an amount to be agreed by the parties or to be assessed.

If the costs are to be assessed, the assessment may be commenced by either party in accordance with rule 58.

The costs amount shall be payable within 30 days of the parties’ agreement on value or the date of assessment, as the case may be.

So, that appears to be the end of it. Peterson won’t have to face the consequences of his lawsuit, and Laurier will get (at least some) costs back. The original lawsuit, while still open, seems dead in the water. There’s no way to advance it without facing another anti-SLAPP Motion.

Considering that both defamation lawsuits were filed in 2018, this comes across as a weak way to end it. Peterson has been — for years — dodging attempts to move the anti-SLAPP Motion forward. Now, just before the hearing, he jumps ship.

Oddly, Peterson isn’t as media happy about it now as he was then.

(1) Wilfrid Laurier University Anti-SLAPP Motion Record
(2) Wilfrid Laurier University Endorsement Form
(3) Wilfrid Laurier University Amended Endorsement
(4) https://www.justiceservices.jus.gov.on.ca/MyAccount/screens/CaseLookup/CSLKUP001.xhtml
(5) https://www.canlii.org/en/on/laws/stat/rso-1990-c-c43/latest/rso-1990-c-c43.html#sec137.1_smooth
(6) https://www.youtube.com/watch?v=PkNv4LFpGf4
(7) https://www.youtube.com/watch?v=a8zLcMGCedA
(8) https://www.youtube.com/watch?v=PfjQeLn0hyI
(9) https://www.youtube.com/watch?v=WXYuqrO8LLo
(10) https://nationalpost.com/news/canada/jordan-peterson-lawsuit-wilfrid-laurier?

May 6, 2024May 7, 2024

Vote Harder! Poilievre Tells Corporate Canada To “Fire Your Lobbyist”

Recently, Pierre Poilievre, leader of the CPC and the Official Opposition of Canada, published an article in the National Post. The catchy title called on Corporate Canada to “fire your lobbyist”.

But apparently, the call is to stop lobbying other politicians. Poilievre himself seems quite content. In fact, the Lobbying Registry of Canada lists him meeting with special interest groups 329 times. Whether a person believes in the practice of political lobbying or not, this comes across as hypocritical.

Then there’s this:

At the most, the Chamber of Commerce, Business Council, and Canadian Federation of Independent Business hold pointless luncheons and meetings and write op-eds or record interviews that almost no one sees. As leader of the Conservative Party of Canada, I refuse to meet the aforementioned groups. They tell me what I already know.

Sounds lovely, doesn’t it? Fortunately for Poilievre, few will bother to fact check anything that he says. But there are always nerdy, autistic trolls that have too much time on their hands.

In the article, he claims that he refuses to meet with the groups: (a) Chamber of Commerce; (b) Business Council, and (c) Canadian Federation of Independent Business. However, records from the Lobbying Registry make it clear that he does meet with them. Not like any of this is difficult to find out.

There’s also apparently a Chamber of Marine Commerce that Poilievre has met with.

He’s also met 10 times with CIJA, the Centre for Israel and Jewish Affairs. There were 3 meetings with NCCM, the National Council of Canadian Muslims. Both have lobbied for changes to the Canadian Human Rights Act, to ban “hate speech”.

There are countless other examples of Poilievre being lobbied by the sorts of people that he now rails against. He mentions Teck Resources in the National Post article, despite also having been lobbied by them.

Want to stop the latest tax hike? Or get bureaucracy out of the way to build homes, mines, factories, pipelines and more? Then cancel your lunch meeting at the Rideau Club. Fire your lobbyist. And go to the people.

Sounds catchy, just like so many of his soundbites. But apparently it’s still okay for him to meet with lobbyists. Presumably this attitude will change if and when he ever takes power.

Did Poilievre write this himself? Or did his handlers?

In any event, vote harder!

May 3, 2024May 3, 2024

Never Again: NDP MP Leah Gazan’s Rationale Behind Banning Residential School “Denialism”

A year ago, NDP Member of Parliament for Winnipeg Centre, Leah Gazan, made the news with calls to formally make illegal so-called residential school “denialism”.

October 2022, she got a Motion passed unanimously to formally recognize that genocide had taken place at residential schools in Canada.

In any event, recent tweets, here and here, shine light on her rationale for doing this. She draws a parallel between Holocaust denial, and this. And her solution is exactly the same: to make it illegal to publicly deny that it happened.

This Canadian Jewish Heritage Month, I commemorate my grandfather, David Gazan, who served in the Dutch Army during WWII, my grandmother, Gina Gazan, a concentration camp survivor, and my father, Albert Gazan, a Holocaust survivor and lifelong peace activist. (1/2)

We must stand together against rising antisemitic rhetoric and hate groups. We must remember the lessons of the Holocaust and the legacy of hate and discrimination that allowed it to happen. Never again means never again for anyone. (2/2)

However, Gazan posts this on her website, which really throws things for a loop.

Urgent Action Needed on the Humanitarian Crisis in Palestine

Israel’s devastating bombardment of Gaza following the horrific Oct. 7 attack by Hamas on Israeli civilians has led to a humanitarian crisis that requires immediate action. At the time of writing, more than 22,000 people are confirmed killed in Gaza, more than 58,000 injured, and another 7,000 are missing under the rubble. Nearly half of those killed in Gaza were children, and 79 journalists and media workers have been killed. 1.9 million have been displaced by the destruction of critical infrastructure.

The Israeli blockade on fuel, food, water, and medicine is causing dehydration, starvation, and the unmitigated spread of disease among civilian populations. Women are being forced to give birth without electricity or medication, and surgeries are being performed without anesthesia.

For decades, Palestinians have been subjected to occupation, eviction from their homes, the annexation of their land, and the expansion of illegal settlements.

Even though Gazan supports criminalizing the act of “Residential School denialism”, and presumably “Holocaust denial” as well, she openly calls out what’s been going on for decades by Israel.

It’s also interesting that Gazan repeatedly denounces antisemitism. Such comments about Israel and the Middle East lead to similar accusations about her. She’s often labelled a Hamas sympathizer.

April 30th, Gazan retweeted António Guterres, Secretary-General of the United Nations. Concerning the Middle East, he stated: “Independent investigators must be allowed immediate access. The families of the dead have a right to know what happened”. That certainly sounds reasonable, but by Gazan’s own standards, such comments would be hate speech if said in Canada.

She calls out genocide, but wants to make it illegal to question?!

Gazan also promotes her own Bill C-223, which would establish a framework for U.B.I., or universal basic income. Seems a bit odd that she wants a country that she alleges committed genocide to provide everyone with free money.

Last year, Gazan publicly called for the Federal Government to “protect and uphold the right to travel for refugees and former refugees”. Bearing in mind that they’re already free to move within Canada, this presumably means the freedom to visit other countries. Or to return to where they’re being persecuted. She also references 2020/2021, when Canadians weren’t free to travel.

Gazan is an enthusiastic supporter of abortion and women’s rights. While supporting social programs for children, it’s also a human right to terminate pregnancies at will.

Gazan is definitely a hard one to figure out.

Will “conservatives” take a principled stand on free speech? Doubtful. In 2022, Kevin Waugh introduced Bill C-250 to JAIL Holocaust deniers. It was also proudly displayed on the CPC website, but later removed. See the archive. But because of Division 21 in Bill C-19, Waugh’s version soon became redundant. As for these specific efforts:

Conservative Leader Pierre Poilievre’s spokesman Sebastian Skamski has not yet responded to a request about whether the Tories would support a push to criminalize residential school denialism.

When asked specifically about criminalizing “residential school denialism”, Poilievre hasn’t given a straight answer. There was no indignation at such an attack on free speech. But if he were logically consistent, he’d support such legislation.

We’ll have to see if it ever actually emerges. For now, it’s just talk. However, that can change quite quickly, and can always be buried in an omnibus bill.

(1) https://twitter.com/LeahGazan/status/1585726302044229632
(2) https://www.cbc.ca/news/politics/should-residential-school-denialism-declared-hate-speech-1.6744100
(3) https://twitter.com/LeahGazan/status/1786107789196288306
(4) https://twitter.com/LeahGazan/status/1786107791511601274
(5) https://www.leahgazan.ca/palestine_feedback
(6) https://twitter.com/antonioguterres/status/1785394742391402660
(7) https://www.leahgazan.ca/support223
(8) https://www.parl.ca/legisinfo/en/bill/44-1/c-223
(9) https://www.leahgazan.ca/right_to_travel
(10) https://www.leahgazan.ca/statement-fredericton-abortion-clinic-closure
(11) https://www.parl.ca/legisinfo/en/bill/44-1/c-250
(12) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-19/royal-assent
(13) https://www.ctvnews.ca/politics/special-interlocutor-waiting-for-mp-bill-criminalizing-residential-school-denialism-1.6661615

April 24, 2024April 25, 2024

B.C. Bill 12 (Online Harms) Deferred: Another Case Of Problem, Reaction, Solution

The C.B.C. recently reported that British Columbia Bill 12 (the Online Harms Act) is being paused for now. This is titled the Public Health Accountability and Cost Recovery Act. The stated reason is that social media companies like Facebook and X/Twitter have come to the table to implement their own protections.

But B.C. Premier David Eby made it clear that this may go ahead anyway, if an agreement cannot be worked out.

Other recent B.C. specific legislation includes:
Bill 23, the (Anti-White) Anti-Racism Act, and
Bill 31, domestic implementation of U.N. Sendai Framework

The stated purpose is to hold companies — such as social media outlets — accountable for medical and health care costs that arise from content they put out. An example cited is Carson Cleland, the 12 year old from Prince George, who committed suicide last October after online sextortion. It’s claimed that if platformed were properly regulated, this wouldn’t have happened.

However, it appears more likely that this is a pretext to be able to swiftly remove content the Government deems “harmful”, for whatever reason. And this is being achieved in the standard way.

Problem
Reaction
Solution

The PROBLEM is that Bill 12 is crafted in such a way as to impose financially crippling penalties. No Government wants to be seen as being overtly anti-free speech. So this must be framed in a manner that appeals to public safety.

The REACTION is that companies get nervous about the fines and other costs they could be on the hook for, even if they weren’t complicit in generating the material.

The SOLUTION is that social media firms agree to “voluntarily” implement their own measures, which means complying with what the Government wanted anyway.

Now, what’s in this Bill?

Direct action by government
2 (1) The government has a direct and distinct action against a person to recover the cost of health care benefits caused or contributed to by a health-related wrong.
.
(2) For certainty,
(a) subsection (1) does not establish a right of action for any other person, and
(b) the cost of health care benefits recoverable under subsection (1) includes the cost of health care benefits in relation to the risk of disease, injury or illness.

Direct action by the government of Canada
3 (1) The government of Canada has a direct and distinct action against a person to recover the cost of health care benefits caused or contributed to by a health-related wrong.
.
(2) For certainty,
(a) subsection (1) does not establish a right of action for any other person, and
(b) the cost of health care benefits recoverable under subsection (1) includes the cost of health care benefits in relation to the risk of disease, injury or illness.

Sections 2 and 3 of the Bill specify that the B.C. (and oddly, Canadian) Governments are able to take legal action against people for health care costs in relation to “disease, injury or illness”.

Interestingly, both Sections 2 and 3 specify that the right of action — or ability to sue — is for Governments only. Private people apparently don’t have that right. Then there’s 2(6) and 3(6)

(6) If the government [of Canada seeks] in an action under subsection (1) to recover the cost of health care benefits on an aggregate basis,

(a) it is not necessary
(i) to identify particular individual benefit recipients,
(ii) to prove the cause of disease, injury or illness in any particular individual benefit recipient, or
(iii) to prove the cost of health care benefits for any particular individual benefit recipient

What this means is that while both the B.C. and Federal Governments have the right to sue to recoup health care costs, private citizens don’t. It’s also not required that they identify: (a) beneficiaries; (b) causation; or (c) analysis of health care benefits.

Apparently, companies aren’t limited to being sued once, either.

Private parties and proceedings
6 (1) It is not a defence to an action commenced by the government under section 2 (1), or by the government of Canada under section 3 (1), that a claim for a benefit recipient’s damages, alleged to have been caused or contributed to by a health-related wrong, has been adjudicated or settled.

6 (2) It is not a defence to an action commenced in respect of a benefit recipient’s claim for damages, alleged to have been caused or contributed to by a health-related wrong, that an action commenced by the government under section 2 (1), or by the government of Canada under section 3 (1), has been adjudicated or settled.

It’s a commonly accepted principle that once a dispute is resolved, that it not be rehashed in a different forum. This applies to things like union grievances and human rights complaints. But here, it’s explicitly stated that “adjudicated or settled” won’t protect from future litigation.

Section 8 gets into what evidence will be allowed. This will include “statistical information and information derived from epidemiological, sociological and other relevant studies, including information derived from sampling”. In other words, modelling will be allowed as evidence. Remember how that was used back in 2020/2021?

Section 10 states that the Statute of Limitations both for the B.C. and Federal Governments will be 15 years. This goes well above the 2 year limit that typically applies.

In any event, it’s not hard to see what social media companies are nervous about Bill 12 going ahead. It exposes them to all kinds of risks, but without really defining their responsibilities. It’s no surprise that they’re now willing to work something out to prevent this legislation from going ahead.

Another area the CBC article omitted was any explanation of who was responsible for social media companies capitulating. For that, we turn to the B.C. Lobbying Registry.

Jean-Marc Prevost is one of the people lobbying on behalf of Facebook. He’s a former staffer for BCPHO Bonnie Henry, and helped her push the injections back in 2021. To give context, he was a part of this same NDP Government, leaves, and then promptly lobbies that same Government. See Archive.

And the conflict of interest doesn’t end there. Prevost lobbied for the company Emergent BioSolutions Inc., a few years back. This is the actual manufacturer of the AstraZeneca vaccines. He had the ear of the right people at the time.

Bradley Lavigne works at Counsel Public Affairs, same as Prevost. In March, he also lobbied on behalf of Facebook. And similar to Prevost. Lavigne pushed for vaccines on behalf of Emergent BioSolutions back in 2021. He has been a CBC commentator for about 20 years, meaning he pitches his clients’ goals directly to the public. See archive. He has also been in the inside of the Federal NDP party structure going back to the days of Jack Layton.

As should be obvious: a lot of these “commentators” and “pundits” are really just paid actors, playing the role of experts. And although these actors are supposedly from different political parties, their respective firms have people on staff across the spectrum.

For more on Emergent BioSolutions, or pharma lobbying more broadly, there are many rabbit holes to go down. These examples are hardly exhaustive.

Rachel Curran also lobbied on behalf of Meta. This is important since she spent over 3 years as part of the B.C. Government, and more than 6 more working for Harper Federally. See archive. Additionally, she lists herself as a CBC commentator from 2016 to 2020. This isn’t simply a left or right issue, but one where all parties do much the same things.

Francis LeBlanc – Chair, Former Executive Director, Canadian Association of Former Parliamentarians
Chris Wilkins – Past Chair, CEO, Edge Interactive
Robert Asselin, Senior Director, Public Policy, Blackberry
Megan Beretta, Policy Analyst, Canadian Digital Service
Rachel Curran, Public Policy Manager, Canada, Facebook
Peter Donolo, Vice-Chairman, Hill+Knowlton Strategies Canada
Dr. Elizabeth Dubois, Assistant Professor of Communication, University of Ottawa
Kathleen Monk, Principal, Earnscliffe Strategies

Curren is also involved in CIVIX, which is an online “disinformation prevention” group funded by taxpayers. In fact, there are several such organizations in Canada. Some are registered as charities, receiving large tax benefits.

The name Peter Donolo should also ring a bell. He was Jean Chretien’s Chieff of Staff in the 1990s, and helped get him elected. He also worked with Michael Ignatieff and Justin Trudeau.

It’s interesting that groups that are supposed to stop disinformation also are filled with operatives from the same Governments who are impacted.

The B.C. Government was lobbied on behalf of X (formerly Twitter) with regards to Bill 12. Fernando Minna works for Capital Hill Group, and has for the past 3 years. See archive.

Capitol Hill Group is run by David Angus, who worked for former Prime Minister Brian Mulroney, and former Ontario Premier Bill Davis.

Sabrina Geremia of Google lobbied the B.C. Government as well. While she doesn’t list political involvement in her profile, at least 3 colleagues do: Lindsay Doyle, Jeanette Patell, and Semhar Tekeste.

Erin O’Toole, former CPC Leader, gets an honourable mention. Before getting into politics, he lobbied on behalf of Facebook. He worked for Heenan Blaikie, same law firm as Jean Chretien and Pierre Trudeau.

Why cover all of this?

Bill 12 seems designed to force social media companies into compliance or face crippling financial penalties. Virtually anything can “cause public health harm”, depending on how it’s worded. This legislation is written in such a way that either Victoria or Ottawa can inflict damage. But these groups are very willing to negotiate, and the lobbyists have connections to those same Governments.

If the goal all along was to compel these outlets into being willing to censor, it’s more effective to get them to do it themselves. And remember, it’s all voluntary here. Technically, no one has been forced.

Problem. Reaction. Solution.

(1) https://www.cbc.ca/news/canada/british-columbia/bc-online-harms-bill-paused-1.7182392
(2) https://www.leg.bc.ca/
(3) https://www.leg.bc.ca/parliamentary-business/legislation-debates-proceedings/42nd-parliament/5th-session/bills/progress-of-bills
(4) https://www.lobbyistsregistrar.bc.ca/
(5) https://www.lobbyistsregistrar.bc.ca/app/secure/orl/lrs/do/vwRg?cno=5501&regId=56572920
(6) https://www.lobbyistsregistrar.bc.ca/app/secure/orl/lrs/do/vwRg?cno=4186&regId=56566730
(7) https://www.linkedin.com/in/jean-marc-prevost-04830598/
(8) Jean-Marc Prevost LinkedIn Profile
(9) https://www.lobbyistsregistrar.bc.ca/app/secure/orl/lrs/do/cmmLgPblcVw?comlogId=34073
(10) https://www.lobbyistsregistrar.bc.ca/app/secure/orl/lrs/do/vwRg?cno=1334&regId=56559236&blnk=1
(11) https://www.linkedin.com/in/brad-lavigne-a0927a39/
(12) Brad Lavigne LinkedIn Profile
(13) https://www.lobbyistsregistrar.bc.ca/app/secure/orl/lrs/do/cmmLgPblcVw?comlogId=34055
(14) https://www.linkedin.com/in/rachel-curran-a99258109/details/experience/
(15) Rachel Curran LinkedIn Profile
(16) https://www.lobbyistsregistrar.bc.ca/app/secure/orl/lrs/do/vwRg?cno=5460&regId=56572569&blnk=1
(17) https://www.linkedin.com/in/fernandominna/
(18) Fernando Minna LinkedIn Profile
(19) https://www.lobbyistsregistrar.bc.ca/app/secure/orl/lrs/do/vwRg?cno=3536&regId=56568880
(20) https://www.linkedin.com/in/sabrina-geremia-028644/
(21) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=16607&regId=948142
(22) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=288445&regId=668908

April 21, 2024April 21, 2024

Private Member’s Bill C-373: (Again) Removing Religious Protections For Antisemitic Expression

On February 5th, 2024, Alexis Brunelle-Duceppe, Member of Parliament for the Bloc Québécois in Lac-Saint-Jean, introduced Private Member’s Bill C-373. The goal is to remove religious exemptions for the hate crime of antisemitism.

If this sounds familiar, it should. It’s identical to Bill C-367, which was introduced by Yves-François Blanchet, the leader of the Bloc Québécois on November 28th, 2023.

Both Bills C-367 and C-373 would repeal Sections 319(3)‍(b) and 319(3.‍1)‍(b) of the Criminal Code. These would provide defences in Court if the expression were based on religious beliefs. Interestingly, neither Bill lists what faith(s) this would apply to, although Christianity is an obvious suspect.

Defences
.
(3) No person shall be convicted of an offence under subsection (2)
(a) if he establishes that the statements communicated were true;
(b) if, in good faith, the person expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text;
(c) if the statements were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds he believed them to be true; or
(d) if, in good faith, he intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward an identifiable group in Canada.

Defences — subsection (2.1)
.
(3.1) No person shall be convicted of an offence under subsection (2.1)
(a) if they establish that the statements communicated were true;
(b) if, in good faith, they expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text;
(c) if the statements were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds they believed them to be true; or
(d) if, in good faith, they intended to point out, for the purpose of removal, matters producing or tending to produce feelings of antisemitism toward Jews.

Some clarity would be nice. These Bills (C-367 and C-373) didn’t just happen. There are obviously some written texts which are apparently offensive.

Brunel-Duceppe is also involved in foreign affairs. He and Blanchet are both part of CAIL, the Canada-Israel Interparliamentary Group.

(CAAF) Canada-Africa Parliamentary Association
(CACN Canada-China Legislative Association
(CADE) Canada-Germany Interparliamentary Group
(CAEU) Canada-Europe Parliamentary Association
(CAFR) Canada-France Inter-Parliamentary Association
(CAIE) Canada-Ireland Interparliamentary Group
(CAIL) Canada-Israel Interparliamentary Group
(CAIT) Canada-Italy Interparliamentary Group
(CAJP) Canada-Japan Inter-Parliamentary Group
(CANA) Canadian NATO Parliamentary Association
(CAPF) Canadian Branch of the Assemblée parlementaire de la Francophonie
(CCOM)Canadian Branch of the Commonwealth Parliamentary Association
(CEUS) Canada-United States Inter-Parliamentary Group
(CPAM) Canadian Section of ParlAmericas
(RUUK) Canada-United Kingdom Inter-Parliamentary Association
(SECOC) anadian Delegation to the Organization for Security and Co-operation in Europe Parliamentary Assembly
(UIPU) Canadian Group of the Inter-Parliamentary Union

Here’s where the story take a turn, as it usually does. Brunelle-Duceppe didn’t come up with this on his own. It looks as if he has been meeting with CIJA, the Centre for Israel and Jewish Affairs.

Brunelle-Duceppe appears to have been contacted by the Israeli Lobby about this. There’s a meeting which took place on January 19th, 2024. Just 2 weeks later, he’s introducing this Bill. That seems unlikely to be a coincidence.

CIJA is very involved in Canadian politics, and has regularly lobbied politicians for decades. A large part of their agenda focuses on amending the Criminal Code and Human Rights Codes to combat what they call hate speech and antisemitism.

Bills C-367 and C-373 are hardly the only ones introduced in recent times to limit Canadians’ expression and speech. Here are some others.

Bill C-63 (the Online Harms Act) was recently introduced. This would impose strict criminal penalties for people suspected — not even charged or convicted — of causing harms. Like so many pieces of legislation, it’s both vague, and has real consequences.

Bill C-229 sought to ban “symbols of hate”, but without defining what the criteria would be. It can be difficult to distinguish between hate, history, and simple expression.

Bill C-250 would have put Holocaust deniers in prison for up to 2 years. This came from a “Conservative” MP named Kevin Waugh. The Bill is moot at this point, since the equivalent provisions were slipped into Bill C-19, a budget that passed.

Bill C-261 would create “red flag laws” for hate speech, but without defining what it is. Without a person even being charged or convicted, a Judge could order them to be subjected to the kinds of restrictions that felons on probation or parole would face. This is virtually identical to Bill C-36, which was introduced, but didn’t pass in the previous session.

Who can forget Iqra Khalid’s M-103 (Islamophobia Motion), or Bills C-6 and later C-4 (to criminalize anything that would be considered conversion therapy?

British Columbia Bill 23 gets an honourable mention. This would establish a Provincial Committee to establish and advance an “anti-racism” agenda, and embed it in everything. Whites are specifically excluded from being on having any leadership role.

Not only do these Bills erode freedom, and particularly freedom of speech, the details are always worked out behind closed doors. It’s typically an NGO, often a foreign one, who has elected officials try to implement them. This shouldn’t be allowed, regardless of who’s behind it.

But you won’t hear either the mainstream or alternative media talk about this.

One other point of interest is this: Blanchet’s Bill C-367 was introduced at the end of November, 2023. Brunelle-Duceppe’s Bill C-373 was in early February, 2024. This was just a few months later. Why was this introduced twice?

(1) https://www.parl.ca/legisinfo/en/overview
(2) https://www.parl.ca/legisinfo/en/bill/44-1/c-373
(3) https://www.ourcommons.ca/Members/en/alexis-brunelle-duceppe(104786)
(4) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-373/first-reading
(5) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/cmmLgPblcVw?comlogId=592585

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-245: Entrenching Climate Change Into Canada Infrastructure Bank
(H) Bill C-250: Imposing Prison Time For Holocaust Denial
(I) Bill C-261: Red Flag Laws For “Hate Speech”
(J) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(K) Bill C-312: Development Of National Renewable Energy Strategy
(L) Bill C-315: Amending CPPIB Act Over “Human, Labour, Environmental Rights”
(M) Bill C-367: Removing Religious Exemptions Protecting Against Antisemitism
(N) Bill S-215: Protecting Financial Stability Of Post-Secondary Institutions
(O) Bill S-243: Climate Related Finance Act, Banking Acts
(P) Bill S-248: Removing Final Consent For Euthanasia
(Q) Bill S-257: Protecting Political Belief Or Activity As Human Rights

Category: Free Speech

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