Little Pushback On Efforts To Criminalize “Residential School ‘Denialism'”

This was announced a few weeks back, and it would have been worth watching to any of the free speech warriors in power challenge this proposal. But that doesn’t seem to be the case.

Last Fall, Winnipeg Member of Parliament Leah Gazan (N.D.P.) pushed a Motion to formally recognize what happened at Residential Schools as a “genocide”. There was no opposition to the Motion, and it appeared to be coordinated between all parties.

However, that apparently wasn’t enough. Now, Gazan is interested in advancing a Bill to make it a hate crime to deny the genocide in the declaration that she helped advance. Presumably this would impact the Human Rights Code of Canada, but could also be applied to the Criminal Code.

NDP MP Leah Gazan, who got the House of Commons last October to unanimously recognize that genocide occurred at residential schools, now wants to take the issue a step further by drafting legislation to outlaw attempts to deny that genocide and make false assertions about residential schools.

Denying genocide is a form of hate speech,” said Gazan, who represents the riding of Winnipeg Centre.

That kind of speech is violent and re-traumatizes those who attended residential school.”

Gazan’s proposal is causing controversy, even among those who want the facts about residential schools widely known. But the Office of Crown-Indigenous Relations Minister Marc Miller said he would be interested in reviewing the proposed legislation.

“Residential school denialism attempts to hide the horrors that took place in these institutions,” Miller’s office told CBC News.

This of course flies in the face of the maxim that the best way to counter bad speech is with better speech. It’s unclear whether any such Bill would lead to criminal charges and/or prison sentences for people who violate it.

Gazan’s other legislative efforts include Bill C-223, a guaranteed living income, or U.B.I. She has twice pushed Bill C-232, to create a climate emergency action framework”. She also supports creating a separate notification system for missing Indigenous women. She has also spoken out in favour of decriminalizing sex work (a.k.a. prostitution).

Of course, the precedent for criminalizing “denialism” in Canada has already been set. Kevin Waugh of Manitoba introduced Bill C-250, which would have put Holocaust deniers in prison for up to 2 years.

Far from being shocked by this, the Conservative Party of Canada celebrated efforts by one of their M.P.s to criminalize discussion on a controversial topic. Waugh brought Private Member’s Bill C-250, to do just that. It was ultimately abandoned when near identical provisions were put into Bill C-19, an omnibus budget Bill.

As such, it isn’t really a surprise that the “Official Opposition” isn’t pushing back on efforts to ban denialism of Residential Schools. But will any such legislation actually pass? Who knows?

It’s also uncertain to what degree disagreement would be permitted. It’s not specified whether outright denial would be required to constitute hate speech, or just questioning details within.

(1) https://www.ourcommons.ca/Members/en/Leah-Gazan(87121)
(2) https://twitter.com/LeahGazan/status/1585726302044229632
(3) https://www.cbc.ca/news/politics/should-residential-school-denialism-declared-hate-speech-1.6744100
(4) https://twitter.com/CityNewsTO/status/1628425241717538816
(6) https://toronto.citynews.ca/2023/02/22/red-dress-alert-for-missing-indigenous-women/
(7) https://www.cbc.ca/news/politics/house-motion-recognize-genocide-1.6632450
(8) https://www.parl.ca/legisinfo/en/bill/44-1/c-223
(9) https://www.parl.ca/legisinfo/en/bill/43-1/c-232
(10) https://www.parl.ca/legisinfo/en/bill/43-2/c-232
(11) https://twitter.com/LeahGazan/status/1630956370244542464

HOLOCAUST DENIAL PUNISHABLE BY PRISON TIME:
(1) https://www.parl.ca/legisinfo/en/bills
(2) https://www.parl.ca/legisinfo/en/bill/44-1/c-19
(3) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-19/third-reading
(4) https://www.parl.ca/legisinfo/en/bill/44-1/c-250
(5) https://www.ourcommons.ca/Members/en/kevin-waugh(89084)
(6) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/cmmLgPblcVw?comlogId=521753
(7) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=111&regId=917368&blnk=1
(8) https://twitter.com/Paulatics/status/1537078472820006915
(9) https://sencanada.ca/en/senators/simons-paula/interventions/581135/47#hID
(10) https://www.youtube.com/watch?v=7iNiV2uAsQg&feature=youtu.be

Private Member’s Bill C-230 DEFEATED: Would Protect Health Care Workers From MAiD Compulsion

Anyone hear about Bill C-230? It would have protected health care workers from being compelled to participate in medical assistance in dying, or euthanasia. Perhaps it made the news at one point.

It had been introduced by Kelly Block, Member of Parliament for Carlton Trail—Eagle Creek, Saskatchewan, back in March 2022.

Turns out it was defeated in October 2022, along party lines. The vote was 115 in favour, and 208 against. Conservatives supported the Bill, while Liberals, NDP, Greens and Bloc Québécois voted it down.

SUMMARY
This enactment amends the Criminal Code to make it an offence to intimidate a medical practitioner, nurse practitioner, pharmacist or other health care professional for the purpose of compelling them to take part, directly or indirectly, in the provision of medical assistance in dying.
.
It also makes it an offence to dismiss from employment or to refuse to employ a medical practitioner, nurse practitioner, pharmacist or other health care professional for the reason only that they refuse to take part, directly or indirectly, in the provision of medical assistance in dying.

2 The Criminal Code is amended by adding the following after section 241.‍2:
Intimidation
241.‍21 (1) Every person who, for the purpose of compelling a medical practitioner, nurse practitioner, pharmacist or other health care professional to take part, directly or indirectly, in the provision of medical assistance in dying, uses coercion or any other form of intimidation is guilty of an offence punishable on summary conviction.

Employers
(2) Every person who refuses to employ, or dismisses from their employment, a medical practitioner, nurse practitioner, pharmacist or other health care professional for the reason only that they refuse to take part, directly or indirectly, in the provision of medical assist­ance in dying is guilty of an offence punishable on summary conviction.

It’s hard to believe this is real, but it is. Parliament voted down a Bill that would have protected health care workers from being forced to participate in assisted suicide.

Don’t forget that we still have Bill S-248 in the Senate. That would remove the requirement for final consent for people wanting to end their lives.

In late 2021, Don Davies introduced Bill C-220, which would make it an aggravating factor in criminal sentencing to assault a health care worker. Are we to assume that people in the medical industry need to be protected from violence…. but at the same time, it’s okay to compel them to kill others?

People can be truly evil.

Sources:
(1) https://www.parl.ca/LegisInfo/en/bills?page=3
(2) https://www.parl.ca/LegisInfo/en/bill/44-1/c-230
(3) https://www.ourcommons.ca/Members/en/votes/44/1/186
(4) https://www.ourcommons.ca/Members/en/kelly-block(59156)
(5) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-230/first-reading
(6) https://www.parl.ca/LegisInfo/en/bill/44-1/s-248
(7) https://www.parl.ca/LegisInfo/en/bill/44-1/c-220

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 C-315: Amending CPPIB Act Over “Human, Labour, Environmental Rights”
(K) Bill S-215: Protecting Financial Stability Of Post-Secondary Institutions
(L) Bill S-243: Climate Related Finance Act, Banking Acts
(M) Bill S-248: Removing Final Consent For Euthanasia
(N) Bill S-257: Protecting Political Belief Or Activity As Human Rights

Private Member’s Bill C-229: Banning (Without Defining) Symbols Of Hate

Private Member’s Bill C-229 was introduced in early 2021 by N.D.P. M.P Peter Julian. The stated purpose of this piece is to ban so-called symbols of hate.

This goes far beyond Human Rights Tribunals and fines. This Bill (if passed) would amend the Criminal Code and potentially put people in prison for up to 2 years.

Free speech advocates should be calling out such legislation. However, considering this isn’t a Government Bill, it’s likely that few know about it.

-Whereas Parliament recognizes the importance of preventing all forms of hatred or violence against any group that is distinguished by colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability;
-Whereas Parliament acknowledges past atrocities and violence committed against such groups by persons or organizations whose symbols, emblems, flags and uniforms continue to this day to be used to promote or incite hatred and violence against these groups;
-And whereas it is in the interest of all Canadians to prevent the display or sale of symbols or emblems such as the Nazi swastika and the Ku Klux Klan’s insignia, flags such as the standards of Germany between the years 1933 to 1945 and those of the Confederate States of America between the years 1861 to 1865 and uniforms, including the German and Confederate States of America military dress of those periods, as well as the hoods and robes of the Ku Klux Klan;

There’s also an obvious pivot here. While the Bill states that it’s in the interest of Canadians to ban Nazi or KKK symbols, the earlier text makes it obvious that the scope is far more broad. Specifically, it lists:

  • colour;
  • race;
  • religion;
  • national or ethnic origin;
  • age;
  • sex;
  • sexual orientation;
  • gender identity or expression;
  • mental or physical disability

Another major problem is there is no distinction between “hate”, and having a lively and controversial discussion. What about protests based on honest beliefs? Could signs, slogans and speech be lumped in with symbols?

Is it a violation of “gender identity or expression” to say that biological men don’t belong in women’s sports, changerooms or prisons? It it hateful to say that there are only 2 genders (assigned from before birth), and that there’s no switching between them?

As for discrimination against age, could pedophiles use this in order to justify actions and behaviours that would otherwise be considered criminal? Would it be illegal now to criticize and condemn them?

There is a further complication. The Bill would add a provision that states no prosecution will happen if in good faith: “including for educational purposes or accurate depiction in a film, and if on reasonable grounds the person believed the display to be proper and for the public benefit”. Now, who’s to say what’s good faith and what’s not?

It appears that such legislation could be selectively applied to target people depending on their ideology. This is so poorly written that it leaves plenty of room for abuse and misapplication.

Sources:
(1) https://www.parl.ca/legisinfo/en/bills?page=3
(2) https://www.parl.ca/legisinfo/en/bill/44-1/c-229
(3) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-229/first-reading
(4) https://www.ourcommons.ca/Members/en/peter-julian(16399)

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-235: Building Of A Green Economy In The Prairies
(E) Bill C-250: Imposing Prison Time For Holocaust Denial
(F) Bill C-261: Red Flag Laws For “Hate Speech”
(G) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(H) Bill S-243: Climate Related Finance Act, Banking Acts
(I) Bill S-248: Removing Final Consent For Euthanasia
(J) Bill S-257: Protecting Political Belief Or Activity As Human Rights

Senate Bill S-257: Entrenching “Political Belief Or Activity” As Protected Human Rights

With everything that’s going on lately in politics, it’s rare to have something positive to report. However, there is a possible gem in the works. Senate Bill S-257 was introduced by in late 2021 (Conservative) Senator Salma Ataullahjan. Granted, it hasn’t passed, but is still noteworthy.

If this, or something similar get does pass, it would entrench “political belief or activity” as protected grounds within the Human Rights Code of Canada.

Canadian Human Rights Act
.
1 Section 2 of the Canadian Human Rights Act is replaced by the following:
Purpose
2 The purpose of this Act is to extend the laws in Canada to give effect, within the purview of matters coming within the legislative authority of Parliament, to the principle that all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated, consistent with their duties and obligations as members of society, without being hindered in or prevented from doing so by discriminatory practices based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability, political belief or activity or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.

2 Subsection 3(1) of the Act is replaced by the following:
Prohibited grounds of discrimination
3 (1) For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability, political belief or activity and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.

Of course, this has the potential to stand other legislation on its head.

Would Bill C-16 (gender identity) have to be reworked or thrown out? Would it now be protected speech to say that men are men, and women are women? What about laws to put Holocaust deniers in prison? What about Iqra Khalid’s M-103 (Islamophobia) Motion from several years ago? What about “hate speech” restrictions criticizing immigration and multiculturalism? What about anti-lockdown protests over the last few years that violated “public health” orders from unelected bureaucrats?

It’s entirely possible Bill S-257 will never pass. However, it does have the potential to invalidate draconian legislation on the grounds of free speech. We’ll have to see.

(1) https://www.parl.ca/legisinfo/en/bills?page=2
(2) https://www.parl.ca/legisinfo/en/bill/44-1/s-257
(3) https://sencanada.ca/en/senators/ataullahjan-salma/
(4) https://www.parl.ca/DocumentViewer/en/44-1/bill/S-257/first-reading

SSHRC Funding Digital Citizen Research And Anti-Disinformation Grants In 2023

The SSHRC, the Social Sciences and Humanities Research Council, has been involved in handing out more taxpayer money for the stated purpose of combatting “disinformation”. For the 2023 year, grants have been issued in the amount of $10,000 each, to various people.

Of course, this isn’t the first time such grants have been issued. It’s just the latest iteration of these initiatives.

The stated goals with the SSHRC are:

  • promote Canadian research that will develop better understanding — based on empirical evidence — of the impacts of online disinformation in Canada in order to better inform programs and policies;
  • build Canada’s capacity to conduct research on and related to countering online disinformation and other related online harms; and
  • help foster a community of research in the digital citizenship and online disinformation space in Canada.
NAME YEAR AMOUNT
Brown, Carol A.M. Jan 1, 2023 $10,000.00
Chen, Yu-Chen Jan 1, 2023 $10,000.00
Dowling, Erin Jennifer Jan 1, 2023 $10,000.00
Farokhi, Zeinab Jan 1, 2023 $10,000.00
Kennedy, Angel M. Jan 1, 2023 $10,000.00
Lin, Hause Jan 1, 2023 $10,000.00
Malo, Benjamin Jan 1, 2023 $10,000.00
Martel, Marc-Antoine Jan 1, 2023 $10,000.00
Miller, Mark D. Jan 1, 2023 $10,000.00
Munro, Daniel Jan 1, 2023 $10,000.00
Park, Jeong Hyun Jan 1, 2023 $10,000.00
Rodrigues, Daniel Jan 1, 2023 $10,000.00
Stijelja, Stefan Jan 1, 2023 $10,000.00

If nothing else, at least the grants and recipients are easy to find online. It’s always beneficial to know who’s on the Government payroll.

There is also a sub-group of this program, designed to partner with various colleges and universities to achieve what are essentially the same goals. These are the: (a) Insight Grant Supplements; (b) Postdoctoral Fellowship Supplements; and (c) Doctoral Award Supplements. Eligible areas include:

  • Creators and propagators of online disinformation in a Canadian context.
  • Digital techniques used to spread online disinformation in a Canadian context.
  • Sectors of Canadian society more or less vulnerable to online disinformation, including how disinformation may specifically affect marginalized, minority and Indigenous communities.
  • Effects of exposure to information and online disinformation on Canadians’ individual beliefs and behavior as well as overall mental health.
  • Different impacts of online disinformation in Canada and on Canada, including on democratic institutions and elections.
  • Government responses to online disinformation.
  • Disinformation outside of the internet/not online in a Canadian context.

In short, grant money is available to those willing to research into ways of “combatting misinformation”. Plainly stated, this is anything the Government disagrees with.

While Ottawa may not be banning free speech (yet), they are working on ways to limit the scope and depth of what is being talked about.

As with everything, do your own fact checking.

(1) https://search.open.canada.ca/
(2) https://search.open.canada.ca/grants/?sort=agreement_start_date+desc&search_text=disinformation&page=1
(3) https://www.canada.ca/en/canadian-heritage/services/online-disinformation/joint-initiative-digital-citizen-research.html
(4) https://www.canada.ca/en/canadian-heritage/services/online-disinformation/joint-initiative-digital-citizen-research/insight-grants.html

Digital Citizen Contribution Program & The Paris Call

It’s no secret that very little (if anything) the Canadian Government does actually originates organically from within this country. Typically, some international body or N.G.O. is responsible for setting it in motion. And efforts to combat misinformation online are no exception.

Activities like the Digital Citizen Initiative and Digital Citizen Contribution Program understandably raise questions. In a free and open society, should the Government be attempting to influence and manipulate public opinion on important topics? Why are we paying for this? And does this sort of thing end up doing an end run around democracy? (Not that we really have one)

Is advancing international cyber norms something Ottawa should be involved with? (See original)

All of that said, a more basic question needs to be asked:

Who’s really behind it?

Turns out that this stems from a 2018 agreement that received little coverage in the mainstream press. Here is how it’s explained on the Paris Call website.

In 2018, French President Emmanuel Macron launched the Paris Call for Trust and Security in Cyberspace with the goal of addressing new cyberspace threats that could endanger citizens and infrastructure. The Paris Call invites all cyberspace actors to work together and encourages states to cooperate internationally with private sector partners, the world of research, and civil society organizations.

Supporters of the Paris Call commit to working together to adopt responsible behaviour and secure cyberspace, based on a set of nine common principles. These principles act as a non-binding declaration and set a precedent as the largest-ever multi-stakeholder cybersecurity agreement in modern history.

Today, over 95 governments, nearly 350 international organizations, as well as more than 600 private sector entities have endorsed the Paris Call for Trust and Security in Cyberspace. Prime Minister Justin Trudeau publicly pledged Canada’s support for the Paris Call in November 2018.

The media grants to “safeguard democracy” are somewhat known in media and political circles. But what isn’t discussed is the international agreement done to make this happen.

Now, were any referendums or election campaigns ever held on joining some initiative like this? No. And it raises the question of who exactly will be setting the standards, enforcing the standards, and what kind of private information that will be shared.

Of course, Microsoft is involved in this project, because, why not?

As with all (or at least, most) agreements, this is considered non-binding. However, Government treats it as if it were a legitimate obligation. Now, what are the ideas behind this?

9 Principles of the Paris Call:

  • Protect individuals and infrastructure
  • Protect the Internet
  • Defend electoral processes
  • Defend intellectual property
  • Non-proliferation
  • Lifecycle security & supply chain security
  • Cyber hygiene
  • No private hack back
  • International Norms

On their own, these principles seem harmless, and in fact beneficial. But with all things, the details of how it would be implemented are worth looking at.

The Paris Call is supported by some 400 N.G.O.s and 700 private corporations, at least, according to recent updates on the site. That of course raises the question of who’s just there in a symbolic capacity, and who was actually involved in drafting these documents. They emphasize multi-stakeholder participation at the U.N., without really specifying.

Here, the Government uses taxpayer money to “combat harmful disinformation“. Now, it doesn’t (yet) call for the banning of certain viewpoints, but it does mean subsidizing and financing favourable ones.

This has led to the Digital Democracy Project and the “Media Literacy Week“, among other initiatives. The Federal Government is using taxpayer money to domestically implement an international agreement for cyberspace security.

The Digital Citizen Contribution Program was an initiative to hand out fairly large sums of money to “media influencers” that could potentially sway public opinion on a number of different topics.

The amounts and recipients of earlier grants were previously covered here. That addressed the DCCP, but was not exhaustive of these programs.

This seems like rebranded efforts such as Internet Governance Forum and the Digital Cooperation. Both of which were heavily influenced by the United Nations.

Special Ukraine Crisis Call
In the light of Russia’s invasion of Ukraine, this special call is aimed to address the growing spread of harmful misinformation and disinformation. The special targeted call was launched to fund initiatives that help people identify misinformation and disinformation online.

Yes, the Feds actually had a program to contract out influential people that could manipulate public opinion on the Ukraine-Russia situation. Is war propaganda ethical at all?

It’s not a stretch to see politicians go to the next level, and start banning or restricting viewpoints that contradict official narratives. It’s been talked out before.

One final point: let’s not pretend that this is limited to Trudeau or the Liberals. Had Stephen Harper been re-elected in 2015, he surely would have signed onto it.

(1) https://www.canada.ca/en/canadian-heritage/services/online-disinformation/digital-citizen-contribution-program.html
(2) https://www.canada.ca/en/canadian-heritage/news/2022/03/government-of-canada-reinforces-support-to-organizations-to-help-counter-harmful-disinformation.html
(3) https://www.canada.ca/en/democratic-institutions/news/2020/05/paris-call-trust-and-security-in-cyberspace.html
(4) https://pariscall.international/en/
(5) https://pariscall.international/en/principles
(6) https://pariscall.international/assets/files/10-11-WG3-Multistakeholder-participation-at-the-UN-The-need-for-greater-inclusivity-in-the-UN-dialogues-on-cybersecurity.pdf
(7) https://pariscall.international/assets/files/WG4-Final-Report-101121.pdf
(8) Paris Call Advancing International Norms
(9) Paris Call Text