Thoughts On The “Conservative Inc.” National Debate

1. Overall Impression

Just let it implode.

That’s the reaction I got from watching the CPC debate. Real issues were shoved aside in favour of extremely superficial discussion. Granted, political debates are rarely meant to be engaging and in depth, and this was no exception.

This could be easily forgiven if official platforms and discussions were in depth on the important matters. However, that doesn’t appear to be the case.

If this group represents the future of the Conservative Party of Canada, then it’s probably best to just let the party collapse, and focus on other alternatives. It is every bit as globalist as the Liberal Party, and meaningful differences are few and far between.

2. Border Security & Enforcement

While Conservatives used to brag about how they would close the loophole in the Safe Third Country Agreement, that talking point seems to have dropped from their agendas. True, the agreement was modified, but many of the same issues still exist.

Of course they don’t mentioned that they never implemented a proper entry/exit system either, despite a recent decade in power. They never brought up that S3CA was drafted in such a way that the United Nations was a party to it, and consultations were required. They didn’t ever address the NGOs (many Jewish) who have been fighting in court for decades to keep the Canada/U.S. border open. Conservatives also downplayed the expediting of work permits to illegals, and amnesty for illegals.

It would be nice for conservatives to address abominations like Sanctuary Cities, which encourage and reward people for being in the country illegally. However, few seem to care.

In fact, conservatives have been, and remain, complicit, in ensuring that there isn’t any real border security in Canada. Closing the Safe 3rd Country Agreement is just a tiny piece of it. There is silence on so much else.

3. True Scale Of Immigration Into Canada

This has been brought up repeatedly on this site, but the “official” immigration numbers in no way reflect the number of people actually entering Canada with some pathway to stay longer. Each year, hundreds of thousands of students and “temporary” workers enter Canada. But this is noticeably absent from the discussion. Remittances drain our national coffers, pilot programs are varied and numerous, immigration is pushed even during times of high unemployment, and rich people can simply purchase a pathway to permanent residence. These are just a few examples of the mess that is the Canadian immigration system.

This also should be noted: every year thousands of “inadmissibles” are denied entry originally, but then allowed in LEGALLY anyway. What’s even the point?

This also ties back to the last section. Since Canada doesn’t actually have a proper entry/exit system in place, how can he ensure that students and temporary workers, (and the inadmissibles) are actually leaving the country afterwards?

Sloan (to his credit), made a few vague references to reducing immigration, but has never addressed the true size of the problem.

4. Lack Of Transparency On CANZUK

O’Toole repeatedly brought up CANZUK as a free trade agreement between Canada, Australia, New Zealand and the United Kingdom. What he left out was that CANZUK also has a free movement provision, which allows citizens to freely move between countries. O’Toole deliberately omits as well that he fully intends to expand CANZUK to other nations as well. Watch 2:00 in the video.

5. Continued Population Replacement

(Page 18 of the 2004 Annual Report to Parliament)

(Page 24 of the 2005 Annual Report to Parliament)

(Page 18, 19 of the 2006 Annual Report to Parliament)

(Page 19, 20 of the 2007 Annual Report to Parliament)

(Page 21, 22 of the 2008 Annual Report to Parliament)

(Page 16 of the 2009 Annual Report to Parliament)

(Page 14 of the 2010 Annual Report to Parliament)

(Page 18 of the 2011 Annual Report to Parliament)

(Page 15 of the 2012 Annual Report to Parliament)

(Page 19 of the 2013 Annual Report to Parliament)

(Page 16 of the 2014 Annual Report to Parliament)

(Page 16 of the 2015 Annual Report to Parliament)

(Page 10 of the 2016 Annual Report to Parliament)

(Page 14 of the 2017 Annual Report to Parliament)

(Page 28 of the 2018 Annual Report to Parliament)

(Page 36 of the 2019 Annual Report to Parliament)

This is by no means everyone entering Canada, but does demonstrate a point. In recent decades, immigration to Canada has overwhelmingly been from the 3rd world. This has resulted in irreversible demographic changes, to balkanization, and to a society where many feel no need to integrate.

Instead of addressing this, the candidates all cucked hard at the issue of “systemic racism. Instead of calling out the farce being played out live, they all submitted. Candidates all, to various degrees, played along with the horrors that people of colour experience on a daily basis.

Never mind that the only group that it’s legal to discriminate against is whites. In particular this means white men. This display was truly revolting to watch.

6. Silence On “Gladue Rights” Hypocrisy

If conservatives really wanted to address inequality in the criminal justice system, they could have brought up “Gladue rights”, which entrench special rights and considerations for Aboriginals and blacks. This abomination has been upheld as legal by the Supreme Court of Canada, and is now commonplace in criminal courts. Yes, we actually have race-based-discounts in criminal courts, even in sentencing. If this isn’t systematic racism, then what is?

Critics have claimed this is necessary, given the overrepresentation in prisons. While there is overrepresentation, these same critics try to avoid the key issue: CRIME RATES. They will look to any other reason to explain this disparity, other than actual criminal behaviour.

It was Gladue rights that allowed Terri McClintic to go to a healing lodge, for a brief period at least. This has been the law since the 1990s, but yet no one in power talks about that systemic racism.

7. International Banking Cartel

While Conservatives do whine about the debt, they deliberately avoid discussing WHY the situation is so bad. Specifically, since 1974, Canada has been borrowing primarily from private sources. Money is always artificially created, but when it’s owed to – say the Bank of Canada – the debt stays in Canadian hands. It can be paid off or cancelled at any time. Not the case when it is private institutions doing this.

In fact, over 90% of Canada’s national debt has been from accumulated interest. Liberals and Conservatives alike play along with this fraud, ensuring the balance grows.

Canada currently owes about 30% to foreign interests, which give them great leverage over us. Despite vague talking points, supporters have never been able to explain how private loans reduce inflation, and even if true, why this is better than simply using the Bank of Canada. Worse, Conservatives were in power when this was challenged in court by COMER, so they can’t claim ignorance on the issue.

Fiscal conservatives will always focus on a symptom (the debt), and not on the disease (the international banking cartel). They are complicit in helping this scheme along.

8. Silence On Climate Change Scam

I can’t even be happy about the approach here, and this is why. It’s another case of the Conservatives focusing on symptoms (Paris Accord, Carbon tax), while ignoring the underlying disease (the climate change industry). The candidates repeatedly say that the Carbon tax is an ineffective means for implementing a climate plan. The point to Provincial court challenges, while omitting that they are really just a form of controlled opposition.

The problem is that the entire climate change industry is built on lies and deception. Carbon Dioxide is plant food, and playing along with this hoax does not serve Canadians’ interests in the slightest. Broadly speaking, money which Western nations provide (with debt of course), are used for climate bonds, and predatory loans to the 3rd world.

None of this benefits Canadians, nor helps the environment in any way. Yet conservatives are quite willing to play along with the agenda, even if they claim to oppose the Carbon tax.

9. Support For Internationalist Agenda

Throughout the “debate”, candidates were criticizing Trudeau for how he handles affairs internationally.

Problem is, they criticize his handing of it only. They have no problem with the agendas themselves. Conservatives have no issue with being in bed with the U.N., or groups like the Trilateral Commission, the Bank for International Settlements, the World Trade Organization, CANZUK, or supporting agreements like the USMCA or the Trans-Pacific Partnership.

To reiterate: conservatives are only being critical for how Trudeau handles the globalism agenda. They have no problem with the agenda itself.

10. Two-Faced On Trade Protectionism

This was amusing to see the mental gymnastics at play. The Conservatives support the globalized trade agenda: NAFTA; (it’s successor USMCA); CANZUK; Trans-Pacific Partnership; FIPA, and countless more deals.

Problem is, as long as a part supports the offshoring agenda, they will never believe in protectionist policies. While all candidates gave lip service to wanting to be self sufficient, the reality is that they don’t. Keeping control over the production of essential goods necessitates protectionist policies — and an anti-free trade mentality. Conservative policies over the years have directly contributed to the dependence on foreign powers that are hostile to us.

11. Social Conservatives Thrown Under Bus

There was some talk from all candidates about the need for a “bigger tent”, and for bringing social conservatives in.

The problem is: there’s no sincerity behind this movement. Social conservatives are nothing more than a voting base to be tapped into. This party supports diversity, multiculturalism, gay “marriage”, the gender agenda, widespread abortion, and other non-traditional beliefs. In fact, the more diverse a country becomes, the less there is to conserve socially.

Read between the lines here. Soc-Cons are to be used as a vote supplement, nothing more.

12. Shift From Identity To “Values”

A major problem with conservatives is that they don’t believe that national identity is worth protecting. Whether it be demographics, culture, language, heritage, customs, traditions, religion, etc… As such, they don’t make any effort (other than platitudes), to preserve the makeup of the country.

Instead, they go with the much more vague and malleable notion of “values”. These are simply ideas that can be changed or watered down to suit political purposes.

13. Miscellaneous Points To Add

(Peter Mackay pledges – in writing – no merger with Alliance if he wins)

(Peter MacKay sticking the knife in again?)

MacKay has been around for a long time, and was involved in Harper’s globalist agenda all along. He and Maxime Bernier helped with the 2007 endorsement of the UN Parliamentary Assembly vote. There’s also his history of stabbing his colleagues in the back, from David Orchard to Andrew Scheer. MacKay is also connected to the Desmarais family, having previously dated Paul Desmarais Jr.’s daughter.

Aside from pandering constantly, O’Toole has tweeted out that he is a shill for foreign interests, or one in particular. Makes ones reasonably question his loyalty and commitment to Canada. Also noteworthy is that he spent a few years at the (now defunct) law firm of Heenan Blaikie. This is the same firm Jean Chretien and Pierre Trudeau worked at. It had also been infiltrated heavily by the Desmarais Family.


Leslyn.Lewis.PhD.dissertation

Dr. Lewis graduated magna cum laude from the University of Toronto (Trinity College). Thereafter, she obtained a Juris Doctorate from Osgoode Hall Law School, a Masters in Environmental Studies from York University, with a Concentration in Business and the Environment from the Schulich School of Business, and completed a PhD from Osgoode Hall Law School, York University. Dr. Lewis is the Managing Partner of Lewis Law Professional Corporation and has developed a specialized commercial litigation and international contract trade practice which focuses on energy policy. She has two decades of strong litigation experience beginning with some of the strongest Bay Street law firms, prior to starting this firm. She has published numerous articles in peer reviewed journals on international law, contracts, climate change and the feed-in-tariff system in renewable energy projects. Her local practice focuses on corporate commercial, real estate and estates, while her international practice is concentrated in the area of cross-border services including immigration, energy law.

While career politicians are distasteful as a rule, Leslyn seems to have come out of nowhere. She finished her PhD dissertation in 2019, at the age of 48. She seems professionally invested in the climate change scam and to have a globalist/internationalist mindset. Not sure this is the best choice for a party that desperately needs to ditch its globalist ties.

14. Forced VS Optional Vaccines

It was nice to hear the candidates say that no vaccines would ever be forced on Canadians — an obvious reference to the CV planned-emic. However, a point has to be made about that.

WHY are they so okay with vaccines in the first place? Given the deception and lies behind the reporting and the overblown nature, why aren’t they questioning the vaxx agenda itself? Why aren’t they questioning the rampant lobbying and conflict of interest here? Instead, the “opposition” seems limited as to whether vaccines should be made mandatory.

15. Just Let It Implode

This is some random tweet referring to the Republican Party in the United States. However, the exact same reasoning applies to “conservative” parties in Canada. They co-opt and corrupt nationalist and populist movements in order to incorporate (or appear to incorporate) them into their platform.

The result is that an extremely watered down — or non-existent — version of populist sentiment gets put into the mainstream. This is where puppet journalists obediently parrot the talking points and deceive the public.

The Conservative Party of Canada is not worth saving, or reforming, or overhauling. It needs to die. With it out of the way, more nationalist leaning alternatives can flourish and grow.

Media #12: A Rebuke To Shanifa Nasser, And Her Article On Defunding Toronto Police

1. Media Bias, Lies, Omissions And Corruption

CLICK HERE, for #1: Unifor in bed with Federal Gov’t
CLICK HERE, for #2: Global News’ selective truth on TRP granted.
CLICK HERE, for #3: Post Media owning most Canadian media.
CLICK HERE, for #4: conservative content dominated by Koch/Atlas.
CLICK HERE, for #5: origins of Malcolm’s “charity” True North Canada.
CLICK HERE, for #6: the people running the Post Millennial.
CLICK HERE, for #7: how to do research, investigative journalism.
CLICK HERE, for #8: Koch/Atlas both sides, AB court challenge.
CLICK HERE, for #9: picking up on predictive programming.
CLICK HERE, for #10: Trudeau Foundation & media embeds.
CLICK HERE, for #11: Trudeau swapped out for body double?

2. Important Links

CLICK HERE, for Shanifa Nasser’s article on defunding police.
http://archive.is/wip/S7wCa
CLICK HERE, for Shanifa Nasser’s LinkedIn profile.
http://archive.is/lb5vB
CLICK HERE, for Focus Humanitarian Assistance info.
http://archive.is/sEXRb
CLICK HERE, for Daily Mail on Floyd arrest record.
http://archive.is/7gmPo
CLICK HERE, for Table 43, FBI 2018 crime stats.
http://archive.is/8NuV1
CLICK HERE, for Floyd & Chauvin knew each other.
http://archive.is/GAYBB
CLICK HERE, for Floyd riots being coordinated.
http://archive.is/nGukb
CLICK HERE, for Tam supports groups for protesting.

https://apps.irs.gov/app/eos/
EIN: 52-1937154

3. Quotes From Article

But as protests over police brutality and racism erupt across the United States and beyond, sparked by the case of George Floyd — an unarmed black man whose final moments were spent with an officer’s knee pressed into his neck — one refrain is growing louder and louder: “Defund the police.”

Exactly what that means can differ somewhat depending on who you ask. While some have called for an outright abolition of police forces, many others favour reducing police budgets so that their work focuses more squarely on violent crime. But the sentiments behind it stem from a singular question when it comes to dealing with people in mental distress:

“Is that armed, highly-paid officer the right resource for that function?” asked Alok Mukherjee, who spent a decade as the chair of the Toronto Police Services Board.

In Toronto, the police service is the single-biggest line item in the city’s $13.5-billion operating budget. Out of an average property tax bill of $3,020, the largest share — about $700 — is allocated to police. That’s followed by about $520 for transit. Shelters and housing take up about $150, while about $60 goes to paramedic services.

“We’ve seen a proliferation of gang-intervention and prevention programs that include funding for the police … rather than simply providing after-school services, education services, extracurricular activities and sports activities for young people in disadvantaged neighbourhoods,” he said.

In true CBC fashion, the article doesn’t actually pose a concrete solution. Instead, it meanders, not really focusing on a coherent argument.

However, the more interesting questions are: Who is this author? What is her agenda in writing it? Why is she pushing this topic? What is her background?

4. Looking At Shanifa Nasser’s Twitter Feed

Tasser’s Twitter feed is filled with race-bait and race-hustling content. It’s clearly a large part of the content that she covers, and she seems to buy into the narrative of systemic racism in Canada. But what else is known about her?

Her biography has her taking religious studies — Islam specifically — from 2004 to 2011. Presumably her work with Focus Humanitarian Assistance was part time. While she thinks that white supremacy and racism in the West are big problems, she sees nothing wrong with fundraising from those same people in order to fund projects in the 3rd World.

5. Focus Humanitarian Assistance

Since our inception in 1995, Focus Humanitarian Assistance USA (FOCUS USA) has been serving vulnerable communities throughout Central and South Asia in the aftermath of devastating natural disasters. We are also committed to fostering and building disaster-resilient communities in susceptible areas—including areas in the United States—by developing disaster risk mitigation programs to minimize impact and better prepare families and individuals before environmental disasters such as winter storms, hurricanes or earthquakes strike.

Our mission is: to save lives, reduce suffering and create resilience in communities prone to man-made or natural disasters.

As an affiliate of the Aga Khan Development Network (AKDN), FOCUS collaborates closely with several of its branches. FOCUS also works with a number of other like-minded agencies and donor partners. These include partner government and government agencies, NGOs, as well as corporations that share an interest in the effort to provide relief and support services during and following natural and man-made disasters.

Shanifa Nasser’s LinkedIn page states that she held 2 different roles in Focus Humanitarian Assistance form 2010 to 2013. According to its biography, FHA was founded in 1994 by Aga Khan, and operates globally for disaster relief.

fostrian.children.1.patent.letters.
fostrian.children.2.organization.bylaws

A point of clarification though: according to records with Revenue Canada, Focus Humanitarian Assistance (at least the charity itself), was founded in 1981. It was originally named the Fostrian Children Universal Society. Three members, Zainel Mohamed, Nurjehan Bharmal, and Haider Merchant were the first directors of the group. It was taken over by Aga Khan and renamed in 1994.

focus.humanitarian.1.articles.of.continuance
focus.humanitarian.2.change.of.address
focus.humanitarian.3.director.changes

2015 Canada Revenue Agency Financial Information
Receipted donations $5,489,963.00 (69.42%)
Non-receipted donations $52,949.00 (0.67%)
Gifts from other registered charities $56,927.00 (0.72%)
Government funding $0.00 (0.00%)
All other revenue $2,308,926.00 (29.19%)
Total revenue: $7,908,765.00

Charitable programs $7,468,065.00 (92.36%)
Management and administration $423,607.00 (5.24%)
Fundraising $193,950.00 (2.40%)
Political activities $0.00 (0.00%)
Gifts to other registered charities and qualified donees $0.00 (0.00%)
Other $0.00 (0.00%)
Total expenses: $8,085,622.00

Compensation
Total compensation for all positions
$1,165,091.00

Full-time employees (14)
Part-time employees (3)

Professional and consulting fees
$144,480.00

Compensated full-time positions:
$1 to $39,999 (2)
$40,000 to $79,999 (9)
$80,000 to $119,999 (1)
$120,000 to $159,999 (1)
$160,000 to $199,999 (0)
$250,000 to $299,999 (1)

2016 Canada Revenue Agency Financial Information
Receipted donations $5,319,296.00 (83.26%)
Non-receipted donations $0.00 (0.00%)
Gifts from other registered charities $712,825.00 (11.16%)
Government funding $255,735.00 (4.00%)
All other revenue $100,925.00 (1.58%)
Total revenue: $6,388,781.00

Charitable programs $9,468,278.00 (93.78%)
Management and administration $416,922.00 (4.13%)
Fundraising $211,116.00 (2.09%)
Political activities $0.00 (0.00%)
Gifts to other registered charities and qualified donees $0.00 (0.00%)
Other $1.00 (0.00%)
Total expenses: $10,096,317.00

Compensation
Total compensation for all positions
$1,173,256.00

Full-time employees (11)
Part-time employees (1)

Professional and consulting fees
$342,875.00

Compensated full-time positions:
$40,000 to $79,999 (7)
$80,000 to $119,999 (1)
$120,000 to $159,999 (1)
$250,000 to $299,999 (1)

2017 Canada Revenue Agency Financial Information
Receipted donations $5,536,400.00 (74.59%)
Non-receipted donations $294,348.00 (3.97%)
Gifts from other registered charities $57,048.00 (0.77%)
Government funding $0.00 (0.00%)
All other revenue $1,534,522.00 (20.67%)
Total revenue: $7,422,318.00

Charitable programs $7,474,628.00 (92.30%)
Management and administration $494,142.00 (6.10%)
Fundraising $129,694.00 (1.60%)
Political activities $0.00 (0.00%)
Gifts to other registered charities and qualified donees $0.00 (0.00%)
Other $0.00 (0.00%)
Total expenses: $8,098,464.00

Compensation
Total compensation for all positions
$1,390,227.00

Full-time employees (14)
Part-time employees (4)
Professional and consulting fees
$105,665.00

Compensated full-time positions:
$1 to $39,999 (1)
$40,000 to $79,999 (8)
$80,000 to $119,999 (2)
$120,000 to $159,999 (1)
$200,000 to $249,999 (1)

Focus Humanitarian Assistance (which is part of the Aga Khan Development Network), takes in several million dollars per year and states that it is used for humanitarian purposes.

Nasser left the organization in 2013, after working as a project lead, and in donor relations. While the older tax information isn’t posted, recent years show it doing well at making money. That being said, it seems strange that it routinely seems to be spending more than it takes in.

It’s also odd that Nasser repeatedly touts the “systemic racism” narrative in Canada, but she has no issues with fundraising from those same people. In fact, there are so many people willing to donate that FHA is able to have many full time staff in its organization.

6. Munk School, Fellow Global Journalism

Designed to produce subject-specific journalists who craft beats around their areas of expertise or professional experience, this eight-month program allowed me to leverage my background in Islamic Studies to pitch and report on topics of relevance in Canadian media.

Nasser has also spent 5 years working for the CBC. With experience and credentials like this, what’s not to love? Why not embrace such a voice?

The problem is that this serious journalist has done nothing in the way of actual research. Let’s go through some of the ways that this article is not presenting the complete picture.

7. Gladue Rights Tilt Incarceration Rates

Gladue Rights not only apply to Aboriginals, but to blacks as well. Not many people know that.

Think of how bizarre this is. One or two groups of people commit crime at a much, MUCH higher rate than others, and are subsequently locked up in higher numbers. This is considered “systemic discrimination”, and the solution is to alter the laws to let them out of prison earlier.

Apparently, the prison population is supposed to reflect a random sample of society. It’s not supposed to reflect the group that commits serious crimes.

8. Black Crime Rate Is Much Higher

Just to use the 2018 data available from the FBI crime statistics, Table 43, let’s look at some numbers. This is information where the race of the criminal(s) was known. Keep in mind, that blacks make up 13% of the U.S. population. However, they commit:

  • 27% of all crime
  • 53% of murder, non-negligent manslaughter
  • 29% of rape
  • 54% of robbery
  • 34% of aggravated assault
  • 29% of all burglary
  • 32% of motor vehicle theft
  • 25% of arson
  • 29% of vandalism
  • 43% of weapons carrying
  • 39% prostitution, commercialised vice

Social justice types frequently complain about there being a much higher police presence in black communities, and there being more frequent interactions with police. While true, there is a valid reason for it: crime rates. Yet Nasser and those like her ignore the hard facts.

Interestingly, while there is hard data in crime rates and race in the U.S. and the U.K., very little information is available in Canada. This is likely to avoid having to publish the hard truths. Apologists point to the higher incarceration rates of certain groups, calling it “injustice”. Yet they tap dance around crime rates. Or when it is reluctantly admitted, rates are spun as a consequence of poverty of systemic racism.

8. FBI Data On Hate Crime Stats

According to the data on this page, 60% of single instance hate crimes were based on race/ethnicity. 54% of the offenders (where race was known) were white, and 26% were black.

Or take this data from 2015. The FBI reports that 500 whites were killed by blacks, while 229 blacks were killed by whites. This is more than a 2 to 1 ratio, just looking at the totals.

However, consider that blacks make up around 13% of the population, and whites 65%. Per capita, this works out to more than a 10 to 1 ration of interracial murder black/white that is done by blacks.

Of course these are just a small sample of the information that is available from official crime statistics. The author of the CBC article mentions none of this when talking about disbanding the police in Toronto. The narrative she helps perpetuate has nothing to do with hard numbers.

9. Floyd’s Arrest Record Was Public

This was reported over a week ago by the Daily Mail, but George Floyd had a lengthy arrest record for many serious charges. Of course, it doesn’t make it justified to kill him (I know), but puts things in a bit of a different light.

10. George Floyd Knew His Killer

George Floyd and the police officer involved with his death, Derek Chauvin, both worked security at the same Minneapolis club, according to the club owner.

“Chauvin was our off-duty police for almost the entirety of the 17 years that we were open,” Maya Santamaria, the former owner of El Nuevo Rodeo club in Minneapolis, which was sold months prior to the incident, told KSTP in an interview Thursday.

Floyd worked at the club for about a year, but Santamaria said he was one of 20 or 30 employees hired for security on the busiest nights in addition to off-duty police, and is not sure if the pair ever actually spoke to one another.

Newsweek reported that George Floyd and Derek Chauvin has worked at the same club in Minneapolis. Chauvin had been there (as a side job) for 17 years, while Floyd had been there for a year.

To be fair, the article does add the disclaimer that they may not have worked together directly. Still, knowing they were colleagues does make one rethink the entire situation. This death may have absolutely nothing to do with race. It could have just been an intentional murder for any number of reasons. Yet another detail not focused on by the CBC.

11. These Riots Are Being Coordinated

As riots continue to wreak havoc on cities across the country, officials have continued to point to “outside influencers,” along with anarchists and opportunists, who have hijacked the otherwise peaceful demonstrations against police brutality following the death of an African-American man, George Floyd, in Minneapolis last weekend.

According to multiple U.S. intelligence sources, law-enforcement officials in various departments nationwide and analysts monitoring the activity, the playbook in every city is almost the same: the peaceful protests are organized, and a point place is designated for people to gather in the daylight hours.

But, as the night falls and thousands go home, the looting and discord are ignited by a fresh round of people camouflaged with dark clothing and masks, armed with spray paint for graffiti and sometimes homemade weapons, and their nefarious behavior continues well into the early hours.

Although this article is too short to do the topic justice, it’s becoming evident that there is some real organization within the protests for George Floyd. Fox also has covered it, concluding as well that these riots are being carefully planned. There is nothing spontaneous or organic about this.

Bricks are (allegedly) being dropped off to locations so that they can be used to make a riot more destructive. Riots have been quickly assembled and coordinated globally. This is not simply restricted to the United States, as any quick search engine check can verify.

Some obvious questions: Who is coordinating the riots? Why are they doing it? What is the end-goal? How are they managing to put it all together?

But instead of asking the tough questions, mainstream media personalities are deflecting. Instead, they shift to topics like Should we abolish the police?

One also has to wonder what is going on when the official narrative on the coronavirus “pandemic” suddenly flips like this. In early 2020, we were told by the Government that the situation in China is no big deal and to get on with our lives. Starting in March, it was an emergency and severe measures had to be taken. Now, gathering in large groups to protest is no big deal, just don’t yell.

12. Systemic Racism Narrative Pushed

Any online search will uncover a host of material saying that in the wake up George Floyd’s death, racism must be stamped out. In particular, the narrative that white supremacy caused it is being thrown in our faces.

The fact that all four police officers were of difference ethnicities (quite the diverse squad), seems irrelevant in this narrative. The media keeps pushing the claim that white racism is responsible for the death.

Obvious question where: WHY is this narrative being pushed? Why aren’t questions such as the Floyd/Chauvin relationship being explored in greater detail? How did George Floyd really die? Why isn’t there more in depth research going on into the planning and coordination of these global riots? Who is financing these riots, and what is their interest? Why aren’t people in the media asking about the anti-white push (unless they are the ones pushing it)?

These are just some of the hard questions that need to be asked. But “journalists” like Shanifa Nasser are not doing that. Instead, they try to divert to other issues, like abolishing or at least downsizing the police.

Gladue 2.0: Blacks Also Get Race-Based Discount In Sentencing, What The Media Missed

1. Important Links

CLICK HERE, for race-based discounts in criminal court.
CLICK HERE, for Terri McClintic going to a healing lodge.
CLICK HERE, for proposal to scrap Gladue Rights entirely.

CLICK HERE, for Canadian Charter.

Aboriginal Specific Cases
(A) R. v. Gladue, 1997 CanLII 3015 (BC CA)
http://archive.is/QKazg
(B) R. v. Gladue, 1999 CanLII 679 (SCC), [1999] 1 SCR 688
http://archive.is/vSWlo
(C) R. v. Ipeelee, 2012 SCC 13 (CanLII), [2012] 1 SCR 433
http://archive.is/Ol7tw

2. Context For This Article

Much of the Canadian public knows about “Gladue Rights”, which is essentially a race-based discount given to Aboriginal defendants in criminal proceedings. In short, judges must consider systemic racism and other discrimination, and search for ways to reduce their sentences.

However, this does not extend only to Aboriginals. Blacks can also use many of the same excuses in pleading for reduced punishment for crimes they commit.

Everyone, regardless of their race, should be against this. The only way a society works is when everyone is treated the same way for their actions. One group should not benefit, or be hindered by unequal laws.

3. Court Cases For Blacks

Here are some recent court cases in which “racial discrimination” or “system racism” was taken into account by judges sentencing black felons. This is not the complete list.

(A) R. v. Borde, 2003 CanLII 4187 (ON CA)
http://archive.is/xfD1s
(B) R v Reid, 2016 ONSC 954 (CanLII)
http://archive.is/QgCtC
(C) R. v. Diabikulu, 2016 BCPC 390 (CanLII)
http://archive.is/PNiAG
(D) R. v. Deng, 2017 BCPC 225 (CanLII)
http://archive.is/MwPKY
(E) R. v. Jackson, 2018 ONSC 2527 (CanLII)
http://archive.is/GGEDy
(F) R. v. Shallow, 2019 ONSC 403 (CanLII)
http://archive.is/Koklf
(G) R. v. Faulkner, 2019 NSPC 36 (CanLII)
http://archive.is/fW8hj
(H) R. v. Kabanga-Muanza, 2019 ONSC 1161 (CanLII)
http://archive.is/m36ac

Again, this is not nearly all of them, but a snapshot into what the legal system (it’s not really a justice system) has become in Canada.

4. Looking At A Cultural Assessment

[17] Cultural Assessment – Completed by Mr. R. Wright, MSW, RSW. It is extensive, well-informed and well-researched.
The Nature of an Impact of Race and Culture Assessment
Though much has been written about the intersection of race and the criminal justice system, and in particular the experience of North Americans of African descent, until the development of IRCA’s (sic) there had been no recognized form for the presentation of such a report. That people of African descent have been overrepresented among incarcerated persons in Canada has been studied by academics, justice system leaders, and activist persons. The Office of the Correctional Investigator took special notice of the conditions of inmates of African descent in federal correctional institutions in its year end report in 2013. It concluded:

“Black inmates are one of the fastest growing sub-populations in federal corrections. Over the last 10 years, the number of federal incarcerated Black inmates has increased by 80% from 778 to 1,403. Black inmates now account for 9.5% of the total prison population (up from 6.3% in 2003/04) while representing just 2.9% of the general Canadian population.” (p.8)

Now, 4 years after the advent of these reports in the well publicized YCJA matter described as R v. X, IRCAs have been widely accepted in Nova Scotia courts and have also been conducted in Ontario. Though I fully respect that the experience of aboriginal Canadians is quite unique, and I have no wish to expropriate or exploit their struggle and leadership, I nevertheless need to acknowledge that my development of IRCAs has been influenced by my familiarity with Gladue reports. Like Gladue reports, the goal of IRCAs is to provide courts with more background information about an offender’s race and cultural background to assist the court at arriving at a just sentence: A sentence that considers the circumstances of the offender, alternatives to incarceration, and does not further contribute to the systemic problems of overrepresentation of persons within correctional populations. This principle is generally stated in the Criminal Code of Canada with particular attention given to Aboriginal offenders:

718.2 A court that imposes a sentence shall also taken into consideration the following principles:
(e) all available sanctions, other than imprisonment, that are reasonable in the circumstances and consistent with the harm done to victims or to the community should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders.

In keeping with these principles, it is a founding premise of IRCAs that a person’s race and cultural heritage should be considered as a significant factor in considering their sentence n a criminal matter. Not just because of cultural responses to normal stressors, but also because of the forces of racism that person experience and our growing understanding of how this affects outcomes when one encounters the justice and other government systems. In Nova Scotia we have significant reason to understand these effects. We are the province of the Royal Commission on the Donald Marshall, Jr., Prosecution (1989), which opening paragraph is very telling:

The criminal justice system failed Donald Marshall, Jr. at virtually every turn from his arrest and wrongful conviction for murder in 1971 up to, and even beyond, his acquittal by the Court of Appeal in 1983. The tragedy of the failure is compounded by evidence that this miscarriage of justice could – and should – have been prevented, or at least corrected quickly, if those involved in the system had carried out their duties in a professional and/or competent manner. That they did not is due, in part at least, to the fact that Donald Marshall, Jr. is a Native. (p.1)

We are also the province of the Black Learners Advisory Committee Report on Education: Redressing Inequity – Empowering Black Learners (1994). This report was produced as part of a comprehensive study of the education inequities that exist for African Nova Scotians (ANS). It produced 3 volumes of materials and 30 recommendations for education reform. That systemic racism exists in the Nova Scotia education system was well described by this report:

Black Nova Scotians, like other Black Canadians, are victimized by a racist ideology and a racist social structure. Racism permeates the entire social, economic, political and cultural environment of Nova Scotian and Canadian….

During the BLAC research, we encountered widespread condemnation of the education system as biased, insensitive and racist. Systemic racism was seen as manifested in student assessment and placement; in labelling of large numbers of Black students as slow learners or having behaviour problems; in steraming (sic); in low teacher expectation; in denigration by and exclusion of Blacks from the curriculum; and in the total lack of responsiveness to the needs of Black learners and concerns of the Black community.” (pp. 34, 35)

Similarly, the differential and disadvantageous experience of African Canadians in the federal corrections system has been documented by the Office of the Correctional Investigator in it year end report in 2013. Nova Scotia’s review of the Mental Health and Addictions system produced the Together We Can Strategy (2012) found that African Nova Scotians were among a number of diverse communities whose mental health and addictions treatment needs had not yet been served sufficiently. This Nova Scotian finding was identified earlier in a national study completed by a subcommittee of the Mental Health Commission of Canada. The document they produced: Improving Mental Health Services for Immigrant, Refugee, Ethno-Cultural and Racialized Groups: Issues and Options for Service Improvement (2009). It is interesting to note, that I served on the MHCC subcommittee and was a contributor to that report. Ms. Lana MacLean, my colleague and friend who is also a person who conducts IRCAs served on the committee that produced the Nova Scotia review document.

Knowing all of this, an IRCA then seeks to understand how an individual’s ANS heritage and interaction with formal and informal systems has affected their involvement in criminal behaviour, will be a factor in their treatment while incarcerated, and will be a factor in their rehabilitation and reintegration in the community. These issues are consistent with the expectations of the report described in Judge Curran’s order requesting: “preparation of a cultural assessment report regarding his African Nova Scotian background and any cultural factors and racial factors which are suggested to be systemic in nature, but may also have individual impacts on him,” Examination of “the role played by Derek Demitrius Faulkner’s cultural and racial background with respect to the criminal offence herein.”

Preparation of this Report
In preparing this report I have participated in the following activities:
• Interview in person of Mr. Faulkner at Northeast Nova Scotia Correctional Facility
• Review of JEIN report, Crown Brief and other Disclosure material
• Interview by phone of Mr. Michael Dull, counsel for Mr. Faulkner in the civil matter
• I attempted contact with other collaterals but were not able to reach them in time for the drafting of this report. I will continue to reach out to collaterals in the event that I am called to testify on this report.

According to the cultural report, Nova Scotians engage in system racism. This is the case of R. v. Faulkner, 2019 NSPC 36 (CanLII).

It had nothing to do with any of the AGGRAVATING FACTORS that were cited in Paragraph 5 of the sentencing report

II AGGRAVATING FACTORS
(1) Robbery is inherently violent and there were implied threats of violence to clerk #1 and specific to #2
(2) Lengthy record including two robberies, 2005/2009
(3) Accused released from custody; breached release
(4) Prolonged nature of the offence – accused was in store for over an hour
(5) Clerk asked member of public to call police

Nothing to do with committing a robbery and making threats.
Nothing to do with a robbery in 2005.
Nothing to do with a robbery in 2009.
Nothing to do with other criminal convictions.
Nothing to do with being in the store over an hour.
Nothing to do with breaching conditions of release.
The court needs to consider the “systemic racism” that blacks face.

Yeah, it’s all about those racist Nova Scotians. Turned him into a career criminal.

5. Section 15 Of Canadian Charter

Equality Rights
Marginal note:
Equality before and under law and equal protection and benefit of law
15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Marginal note:
Affirmative action programs
(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

Serious question: under the Canadian Charter, would this count as a law that ameliorates conditions of disadvantaged individuals? Guess we aren’t so equal after all.

6. Follow-up To Old Story

This topic was covered in a previous article in June last year. It was reported that this may become the law of the land. Admittedly I should have checked deeper into it at the time.

However, it seems that these cases have been going on for many years. The National Post just missed that detail. It just has not been codified into law — yet.

How exactly do we live in any sort of just society, when there are different rules and standards for people based on their skin colour? This completely flies in the face of equality under the law, which SHOULD apply to everyone.

7. 3 Levels Of Justice Now?

Under the Gladue ruling, judges are REQUIRED to take an Aboriginal person’s background into account when handing down sentencing. There is no discretion in the matter.

However, for blacks, judges MAY take race and circumstances into account, but this is not mandatory.

Everyone else, though, must take responsibility for their own actions. They don’t have the race card to play.

Race & Crime Rates: What Liberals Won’t Admit (Gladue 2.0?)

1. Important Links

CLICK HERE, for the case R. v. Morris, [2018] O.J. No. 4631.
CLICK HERE, for the Canadian Criminal Code, robbery section.
CLICK HERE, for the Canadian Criminal Code, firearms section.
CLICK HERE, for a National Post article covering a case where an Ontario criminal court judge wants to expand “Gladue” to include blacks.
CLICK HERE, for a similar article.
CLICK HERE, for a University of Toronto research paper on race, crime and incarceration.

CLICK HERE, for FBI Uniform Crime Reporting, Table 21
CLICK HERE, for UK demographic crime data.

Background From Gladue
R. v. Gladue, 1997 CanLII 3015 (BC CA)
R. v. Gladue, [1999] 1 SCR 688, 1999 CanLII 679 (SCC)
R. v. Ipeelee, [2012] 1 SCR 433, 2012 SCC 13 (CanLII)

CLICK HERE, for race-based discounts in criminal court.
CLICK HERE, for child-killer Terri McClintic going to a “healing lodge”.
CLICK HERE, for incarceration rates among Aboriginals.

2. Quotes From Ruling

In a way this is not surprising at all. The 1997/1999 Gladue rulings created essentially a “discount” for Aboriginal offenders specifically on the basis of “historical oppression”.

Now, there is a case that is pending before the Ontario Court of Appeals, which could see the same provisions apply to blacks as well. This is a (potential) expansion of a horrible idea: race-based-discounts in the criminal justice system.

People should be outraged by this. Your crime, seriousness, and past (if any) criminal record should impact your sentence. Not your race, ethnicity, or skin colour. It is the anti-thesis of equality under the law.

[2] A jury found you guilty of a number of offences. I convicted you of possession of an unauthorized firearm, possession of a prohibited firearm with ammunition, and carrying a concealed weapon. The jury acquitted you of assaulting a peace officer with intent to resist arrest.
[3] The basic facts of your crime are straightforward. On December 13, 2014, the police received a call about a home invasion in Scarborough. As the police officers sent to investigate drove to the scene, they came upon four Black males walking in the parking lot. The officers were in plainclothes and drove unmarked police cars. One officer stopped the young men. You were one of them. You ran. As you ran, D.C. Moorcroft, who was not the officer who stopped you but was also driving into the lot, accelerated to stop you.

Police were responding to a home invasion. When they arrived, there just happened to be 4 black men in the area, and the defendant took off.

Of course, it is just a coincidence that he had a gun on him. Now it is apparently a charter violation that a police car was used to stop him.

[6] I must now sentence you for your offences. Let me go over what the Crown and your defence lawyers said should be the sentence. These positions were pretty far apart. The Crown asked for 4 to 4.5 years in jail. Your lawyers argued that the sentence should be 1 year before credit was given for the Charter breaches.

There is something here we are not being told. The Crown (supposedly) wants 4 to 4.5 years for gun possession for a first time offender? What else went on that is not included?

[9] Let me briefly explain to you what I did in Jackson. I began my judgment in that case by saying sentencing is a very individual process. The criminal law has recognized that there are cases where, in order to determine a fit and proportionate sentence, consideration must be given to an individual’s systemic and social circumstances. These circumstances may extend beyond a person who is being sentenced to include factors such a systemic discrimination and historical injustice. This has been recognized by the criminal courts, particularly in the case of Indigenous offenders. While the distinct history of colonial violence endured by Indigenous peoples cannot simply be analogized to Black Canadians, I found that the ability to consider social context in a sentencing decision is extended to all under section 718.2(e) of the Criminal Code. This allowed me to consider the unique social history of Black Canadians in sentencing Mr. Jackson. Mr. Jackson was a Black male offender not too much older than you, who pleaded guilty to a charge of possession of a prohibited gun. His lawyers presented a great deal of evidence to me on systemic anti-Black racism and its role in Mr. Jackson’s life. I took note of this evidence. I also took judicial notice, independently of these materials, of the history of colonialism, slavery, policies and practices of segregation, intergenerational trauma, and both overt and systemic racism that continue to affect Black Canadians today. With an understanding of these social factors I was able to better appreciate the circumstances that led Mr. Jackson to come before me. I sentenced him accordingly.

Gladue was horrible for exactly this reason. Instead of holding people accountable to as similar a standard as possible, some get to play the “oppression card” and get much lighter sentences. It stands the idea of equality before the law completely on its head.

The ruling would then go on to quote some social worker at length about the struggles that blacks face, and how its circumstances must be considered.

[66] Giving your acts a contextual analysis in light of the wealth of evidence provided to me on this sentencing, I do not find this to be a weighty aggravating factor in your case. I appreciate that accused people should not flee from police. Especially carrying a loaded firearm. But it is understandable to me that you ran. It was not a coldly calculated act to escape but one based upon emotion and a state of mind that has been shaped both generally and specifically by the historical racism suffered by Blacks and by you. In other words, not every flight from the police should be treated the same. Here there is a connection in the evidence between your act of flight and the systemic factors. I find it would be wrong to punish you more severely for this. When I view how anti-Black racism and historical injustices have contributed to your actions, the needs of general deterrence and denunciation normally raised by this act of flight is tempered. Given that the choice you made to do so was affected by these factors, the moral blameworthiness of your actions is also lessened.
[67] In addition, in assessing the seriousness of the offences, when I look at potential aggravating factors that often exist in the case law, here, there is no evidence that your possession of the gun is connected with other crimes such as crimes of violence or drug trafficking.
[68] There are also some very traditional mitigating factors. You are a first offender. You were young when you committed these crimes. You were 22 years old. You have supportive family and friends. There is a side of you that speaks well to your rehabilitation. I have mentioned them before. Your warmth, kindness, and respectfulness.

Being a young, first time offender is a legitimate reason to cut someone a break. No argument on that point.

But that is where the agreement ends. All this nonsense about historical racism and systemic factors (repeated throughout the ruling), was nauseating to read.

[81] Sentencing must always be an individual process. In these cases judges gave sentences of 1 year, 15 months, 18 months, just under 2 years. Some of these sentences were permitted to be served in the community rather than in jail. The cases are: R. v. Ishmael, 2014 ONCJ 136; R. v. Garton, 2018 ONSC 544; R. v. Rutledge, 2015 ONSC 6625; R. v. Shunmuganathan, 2016 ONCJ 519;
R. v. Nuttley, 2013 ONCJ 727;
R. v. Kelsy, [2008] O.J. No. 3879;
R. v. Cadienhead, [2015] O.J. No. 3125;
R. v. Williams, [2011] O.J. No. 3352 (S.C.J.);
R. v. Brown, [2006] O.J. No. 4681 (S.C.J.);
R. v. Carranza, [2004] O.J. No. 6041 (S.C.J.)

Fair enough. The Judge was looking for a little consistency.

[82]82 Now I want to talk about that elephant in the room. I know you are in custody on other charges. What those charges are were not explained to me by either the Crown or your lawyers. However, I do know from some of the materials filed what the charges are said to be. Of course, there is a charge of breaching your bail. There are also some other offences. But they are not gun offences. Your surety surrendered your bail so you are in custody on the charges I am sentencing you for. To someone hearing this, I am sure they will say you have not behaved well while on bail. They may be right. But you are presumed innocent of these alleged new offences. I am sentencing you as a first offender. Someone without a criminal record. The new charges do not change that. The presumption of innocence is the foundation of our criminal justice system. While it may be hard for many to understand, I cannot let that foundation be eroded or chipped away by taking into account the new charges.

So, “first-timer” comes with a few caveats: Morris breached his bail, and is facing additional charges. However, the Judge has decided to ignore this in sentencing him as a first-timer.

It would be nice to know how exactly bail was breached, and what exactly the other charges are. But they are not mentioned.

[92] I also find that the anti-Black racism evidence presented on the sentencing is relevant in assessing the weight I should give this. Racism can operate very subtly. It can be there lurking in the background of people’s minds, unconsciously influencing their judgment and making them act in certain ways towards certain people.
[93] I want to be clear that I am not painting the police with the brush of overt racism in this case. I do not have the evidence to support that. But I am troubled. If I asked myself: If it was someone other than a young Black man running away from the police that night, would D.C. Moorcroft have driven in the aggressive way that he did? Would Mr. Morris and the car have collided? I am troubled because in all honesty, I cannot conclude it would have happened in the same way.

So, racism happens, but I have no evidence that there was any in this case. Therefore, I will still bring it up as a mitigating factor.

This Judge talks in circles about how there is all this systemic racism, and how it can be very subtle. Yet he notes that there is no proof that there was racism in this case. So what is the point then?

E. CONCLUSION
[97] After mitigation for the Charter violations, I have sentenced you to a jail sentence of 12 months. You have done a lot of dead time. The sentence will be based upon the credit you will receive for that dead time. I will credit you 1.5 to 1 for that pre-trial custody. The evidence shows that you received no real programming, had a difficult time in jail, and at times experienced physical discomfort in jail due to your medical conditions. You also did not receive consideration for parole or remission while in pre-trial custody. I find it right to give this enhanced credit. Therefore, 243 days of pre-trial custody will be used up. You will be sentenced to a further 1 day in jail on each charge concurrently. I also made a DNA order, s. 109 weapons prohibition, and the forfeiture order.

So not even a year. Just 8 months.

3. University of Toronto Article On Race & Crime

Although not specific to this case, this article by Akwasi Owusu-Bempah is an interesting read. If nothing else, it shows the extent that this academic will go to avoid the obvious conclusion:

SOME GROUPS JUST COMMIT MORE CRIME

Yes, that’s it. Groups are not equal when it comes to committing crime. That is the hard truth that lawyers, judges, politicians, academics and social workers refuse to address.

On the topic of “disparity”, it’s worth noting that males make up over 90% of prison inmates. However, there is no push claiming discrimination against them. Oh, the double standards.

Instead, he will talk in circles. Owusu-Bempah will blame mistrust, victimization in black and Aboriginal neighbourhoods, racial bias (without proving it), and Court discrimination (again, without proving it). Although the author touches the topic of crime rates, he avoids making any definitive statements. It’s like he is deliberately avoiding the obvious answer.

Abstract and Keywords
Canada effectively bans systematic collection and dissemination of racially disaggregated criminal justice statistics. A significant proportion of Canada’s racial minority populations perceive bias in the criminal justice system, especially on the part of police. Aboriginal and black Canadians are grossly overrepresented in Canada’s correctional institutions. Some evidence suggests that both Aboriginal and black populations are overrepresented with respect to violent offending and victimization. Social conditions in which Aboriginal and black Canadians live are at least partially to blame for their possibly elevated rates of violent offending. Evidence indicates that racial bias exists in the administration of Canadian criminal justice. At times, this discrimination has been supported by court decisions. Discrimination and disparity are at times acknowledged by government, but they are seldom wholeheartedly addressed. There is a lack of political will to address issues of racial minority overrepresentation in relation to manifestations of racial discrimination or to the societal conditions that lead to criminal offending.

Oh, the mental gymnastics of the author are blatant:

  • Minorities “perceive” bias against them
  • There is overrepresentation
  • Bias in administration
  • Government acknowledges disparity
  • No political will to address overrepresentation
  • Societal conditions lead to offending

However:

  • The author mentions overrepresentation regarding offending, but immediately lumps it in with “victimization”, as if to muddy the waters
  • Lack of available objective data, yet we are able to make conclusions based on much more subjective things, such as perceived bias
  • Right, not elevated rates, but “possibly” elevated rates

Connections among race, crime, and criminal justice are often portrayed in Canadian media images and are captured in the popular imagination. Yet, in comparison to the United States and Great Britain, these phenomena receive relatively little attention from Canadian academics and policy makers. A lack of readily available criminal justice data disaggregated by race makes it particularly difficult for researchers to examine the nature of these racial differences. Thus, we are unable to determine the extent to which higher rates of offending among certain racial groups and discrimination in the administration of criminal justice contribute to the apparent overrepresentation

There’s a lack of data, but this author will still make claims about bias and discrimination, without actually proving it. He will also tap-dance around the obvious: If a group commits crime at a much higher rate, doesn’t that justify higher incarceration rates?

Nonetheless, available evidence indicates that a significant proportion of Canada’s racial minority populations and a sizable proportion of the white population perceive bias in the criminal justice system. These public perceptions are supported by data that show that certain racial minority groups, particularly Aboriginal and black Canadians, are grossly overrepresented in Canada’s correctional institutions. Further evidence indicates that racial bias does exist in the administration of Canadian criminal justice, and, at times, this discrimination has been supported by court decisions. We cannot discount, however, the probability that increased rates of offending among certain racialized groups contributes to their overrepresentation in correctional statistics. As we show in this essay, research suggests that Aboriginal and black Canadians are overrepresented with respect to violent offending and victimization. The Canadian federal government itself has pointed out that the social conditions in which Aboriginals live is at least partially to blame for their rates of violent offending (Department of Justice 2009). We have previously made the same connection with respect to black Canadians (Wortley and Owusu-Bempah2011a).

Owusu-Bempah contradicts himself here. He claims there is “perceived” bias from many people. Not “actual” bias, but perceived bias. He then goes on to say that there is overrepresentation among certain groups.

He then offers a perfectly reasonable explanation for the higher incarceration rate: increased offending.

Just a thought. If a certain group commits crime at a higher rate, then it is not bias or discrimination that there would be more of them involved with the courts.

Unfortunately, there is an apparent lack of political will to address issues of racial minority overrepresentation in the Canadian criminal justice system. Ambivalence to address these issues relates both to the manifestations of racial discrimination in the system, as well as to the societal conditions that lead to criminal offending. Discrimination and disparity may be at times acknowledged, but they are seldom wholeheartedly addressed. When addressed, the means are seldom thoroughly evaluated for effectiveness, and, when evaluated, the results are rarely made public.

Difficult to believe, but this is just the next paragraph. Owusu-Bempah claims there is no political will to address racial minority overrepresentation. Yet, he previously commented that there was a higher rate of offending.

This seems like a solution in search of a problem.

Many have argued that relatively high rates of homicide and gun crime among African Canadians and Aboriginals in Canada are reflective of their overrepresentation in street gangs. Unfortunately, official police statistics on Canadian gangs are almost nonexistent

Yeah, good job.

Canada’s reluctance to acknowledge and document race is most evident in the operation of its criminal justice system and in its criminal justice policies. Unlike in the United States and the United Kingdom, where race-based criminal justice statistics are readily available to the public and researchers alike, the Canadian criminal justice system does not systematically collect or publish statistics on the race of individuals processed through the system. The debate over the collection of racial data from the criminal justice sector in Canada can be traced back as far as 1929 (Roberts 1992). Discussions about the collection, or more accurately, the public release of these data have emerged more recently in the context of broader debates about race, crime, and the administration of criminal justice—particularly related to the circumstances of Aboriginal and black Canadians (Hatt 1994; Johnston 1994; Gabor 1994; Roberts 1994; Wortley 1999; Owusu-Bempah and Millar 2010). On the one hand, allegations of racial discrimination have been leveled against the justice system to explain the overrepresentation of certain racial minority groups in the few available sources of police and correctional data. On the other hand, it has been suggested that racial minorities are disproportionately involved in criminal activity, which accounts for their disproportionate involvement with the criminal justice system as reflected in the data. Unfortunately, our ability to test either of these claims is limited by the absence of available data, despite numerous calls for its collection. Several major attempts have been made in Canada to collect racial and ethnic data, particularly in the policing sector (Fine 1990; Wortley and Marshall 2005; Leclair InfoCom 2009); these attempts, however, have not paved the way for systematic data collection

The author addresses crime rates, but gives a wishy washy answer. There’s not enough data to tell one way or another whether it is: (a) discrimination; or (b) actual crime, that results in the disparities. Yet, feelings about perceived bias and virtue signalling bureaucrats apologizing are apparently good evidence.

There is an interesting point to be taken from this: if there was concrete data on race and crime rates, then the debate could be put to bed once and for all.

The article keeps repeating the same idea and muddying the waters: we don’t have data, so we can’t be sure what causes discrepancies in the representation.

If the author wanted a reference point, why not check the data from the US and UK? After all, he knows it is there.

4. Crime Data From Britain

CLICK HERE, for UK demographic crime data.

There were 698,737 arrests in 2017/18, a fall of 8% on the previous year – both years’ figures exclude Lancashire Police (see ‘Things you need to know’)
-Black people were over 3 times as likely to be arrested as White people – there were 35 arrests for every 1,000 —Black people, and 11 arrests for every 1,000 White people
-overall, men were over 5 times as likely to be arrested as women – there were 22 arrests for every 1,000 men, and -4 arrests for every 1,000 women
-Black women were more than twice as likely to be arrested as White women – there were 7 arrests for every 1,000 —Black women, and 3 arrests for every 1,000 White women

And a few pages later,

there were 698,737 arrests in England and Wales in 2017/18 (excluding the Lancashire police force area), at a rate of 13 arrests per 1,000 people
there were 62,501 fewer arrests in 2017/18 compared with the previous year, a fall of 8% (excluding Lancashire Police from both years)
Black people were over 3 times as likely to be arrested as White people – there were 35 arrests for every 1,000 Black people, and 11 arrests for every 1,000 White people
people with Mixed ethnicity were over twice as likely to be arrested as White people – there were 25 arrests for every 1,000 people with Mixed ethnicity, and 11 arrests for every 1,000 White people

So the UK Government is willing to be quite open and blunt about the disparities in race and offending. And what about the US.

5. Crime Data From US FBI

CLICK HERE, for FBI Uniform Crime Reporting, Table 21. This is compiled from 2016, though the stats over the years don’t change much.

Looking at Table 21C (people aged 18 or over)
Worth noting the US black population is about 13% commits:

  • 52% of homicides
  • 28% of rapes
  • 51% of robberies
  • 32% of aggravated assault
  • 36% of violent crime
  • 41% of weapons carrying
  • 30% buying stolen property

…. and so on.

Are blacks greatly overrepresented in US prisons? Absolutely. And for a very good reason — disproportionate amount of violent and serious crime.

Are US sentences in general too harsh? A fair point, but a topic for another day. This post concerns treating people equally.

6. Gladue 2.0 Addresses Wrong Problem

With this proposed change, the scope of Gladue will be broadened. This means that it will not be restricted to Aboriginals.

The claim is that this will reduce overrepresentation in the courts and prison system. Problem is: it focuses on making prisons look like a random sample of society, rather than a reflection of who is actually committing the most serious crime.

It’s what liberals do not want to acknowledge:

SOME GROUPS JUST COMMIT MORE CRIME

It is not necessarily due to “oppression” or “systemic bias”, or any other such nonsense. It is caused by these groups, on average, behaving differently. While it is obviously desirable for society to reduce crime and their prison populations, this is a backwards approach.

Should the Ontario Court of Appeals (and possibly the Supreme Court of Canada) confirm this nonsense, racial equality dies. Your skin colour will determine your punishment, not your crime. Though arguably that was the case with Gladue.

Keep in mind, it is the Supreme Court of Canada that upheld Gladue in the first place (appealed from BC). There is nothing to indicated they wouldn’t extend their ruling to this.

Solutions #7: Abolish Gladue, Fix Underlying Problems

1. Previous Solutions Offered

CLICK HERE, for #1: Offering something to the other side.
CLICK HERE, for #2: Canada should leave the UN entirely.
CLICK HERE, for #3: Dumping multiculturalism and feminism.
CLICK HERE, for #4: More births instead of replacement migration.
CLICK HERE, for #5: Restore 1934 Bank of Canada Act
CLICK HERE, for #6: Abolish Human Rights Tribunals Entirely.

2. Important Links

CLICK HERE, for race- based discounts in sentencing.
CLICK HERE, for Terri McClintic, child killer, in a healing lodge.
CLICK HERE, for 2016/2017 StatsCan data on incarceration rates.
CLICK HERE, for Table 5, incarceration by race and gender.
CLICK HERE, for Table 6.
CLICK HERE, for archived findings form Correctional Service of Canada form 1999.
CLICK HERE, for a Larry Elder video on single parent households.
CLICK HERE, for a documentary on drug use on reserves.
CLICK HERE, for a video on lack of drinking water on reserves.

CLICK HERE, for Gladue, 1997.
CLICK HERE, for Gladue, 1999.
CLICK HERE, for Ipeelee, 2012.
CLICK HERE, for R.v. Proulx (conditional sentencing guidelines).

3. Disproportionate Incarceration Rates

This is a proposal to scrap so-called “Gladue Rights” which specifically are designed to give Aboriginal offenders special consideration when it comes to sentencing in the criminal justice system.

Please don’t interpret this as an indication not to give anyone a break if the circumstances permit. Rather, rights and options should be available to everyone. They should not be given to one specific group, or denied to one specific group.

Disclaimer: I am not a criminologist, or a sociologist. Just a researcher.

Now, how great are the discrepancies?

From the StatsCan 2016/2017 findings:

The Criminal Code mandates that all sanctions other than imprisonment are to be considered with particular attention to the circumstances of Aboriginal offenders. In 2016/2017, Aboriginal adults accounted for 28% of admissions to provincial/territorial correctional services and 27% for federal correctional services, while representing 4.1% of the Canadian adult population (Table 5). In comparison to 2006/2007, the proportion of admissions of Aboriginal peoples to correctional services was 21% for provincial and territorial correctional services and 19% for federal correctional services.

Aboriginal adults accounted for 30% of admissions to custody and 25% of admissions to community supervision among the provinces and territories in 2016/2017. Aboriginal adults accounted for 27% of admissions to custody and 26% of admissions to community supervision in federal correctional services (Table 5).

The proportion of Aboriginal admissions to adult custody has been trending upwards for over 10 years. It has increased steadily from 2006/2007 when it was 21% for provincial and territorial correctional services and 20% for federal correctional services.

Among the provinces, Aboriginal adults made up the greatest proportion of admissions to custody in Manitoba (74%) and Saskatchewan (76%). These two provinces also have the highest proportion of Aboriginal adults among their provincial populations at 15% for Manitoba, and 14% for Saskatchewan.

Aboriginal males accounted for 28% of admissions to custody in the province and territories, whereas non-Aboriginal males accounted for 72%, in 2016/2017. Aboriginal females made up a greater proportion of custody admissions than their male counterparts, accounting for 43% of admissions, while non-Aboriginal females accounted for 57% (Table 6).

Here is the data in a more visual form.

Category Abor. Total Pop’n Abor. Group Pop’n Non-Abor. Total Pop’n Non-Abor. Group Pop’n Ratio
Incar 4.1% 28% 95.9% 72% 9.1:1

Note: Here is how to calculate the rates. Assume there is a population of 100,000 people, and 1,000 of them are locked up and then break in down as percentages of the population.

category totals Non-Abor Abor
People 100,000 95,900 4,100
Locked Up 1,000 720 280
Rates Percentage 0.0075 0.068

Now that we can make an apples-to-apples comparison, 0.068/0.0075 =~9.1
So on a per-capita basis, Aboriginals are about 9 times as likely as non-Aboriginals to be locked up

Next, covering Aboriginal women and incarceration rate. For this. Assume that the overall percentages are about same: 95.9% non-Aboriginal, and 4.1% Aboriginal. Here instead of making up 28% overall in Provincial jails, it is 57%, approximately double.

Category Abor. Total Pop’n Abor. Group Pop’n Non-Abor. Total Pop’n Non-Abor. Group Pop’n Ratio
Incar 4.1% 57% 95.9% 43% 30.88:1

And once more we need to convert to rates of respective populations.

category totals Non-Abor Abor
People 100,000 95,900 4,100
Locked Up 1,000 430 570
Rates Percentage 0.0045 0.1390

When women inmates are looked at specifically, the ratio goes to 0.1390/0.0045 ~= 30.88

That’s right, looking at women, there are (per capita) 30 times as many Aboriginal women locked up as non-Aboriginal women.

4. Evidence Of Discrimination Or Bias?

By itself, no. Having groups with different rates of something is not evidence that there has been discrimination. Either these differences are caused by something that justifies it (such as higher crime rate), or there may be some external factor. Let’s start with the Criminal Code.

718.2(e) all available sanctions other than imprisonment that are reasonable in the circumstances should be considered for all offenders, with particular attention to the circumstances of aboriginal offenders.

It is written right into the Canadian Criminal Code, to give offenders (where reasonable), an alternative to custody, with special consideration to Aboriginals. And this is codified in 3 cases.
R. v. Gladue, 1997 CanLII 3015 (BC CA)
R. v. Gladue, [1999] 1 SCR 688, 1999 CanLII 679 (SCC)
R. v. Ipeelee, [2012] 1 SCR 433, 2012 SCC 13 (CanLII)

Looking at the Criminal Code, and recent decisions, there doesn’t seem to be any legalized discrimination. So let’s look elsewhere.

5. R. v. Proulx (Conditional Sentencing Guidelines)

12 Since it came into force on September 3, 1996, the conditional sentence has generated considerable debate. With the advent of s. 742.1, Parliament has clearly mandated that certain offenders who used to go to prison should now serve their sentences in the community. Section 742.1 makes a conditional sentence available to a subclass of non-dangerous offenders who, prior to the introduction of this new regime, would have been sentenced to a term of incarceration of less than two years for offences with no minimum term of imprisonment.

13 In my view, to address meaningfully the complex interpretive issues raised by this appeal, it is important to situate this new sentencing tool in the broader context of the comprehensive sentencing reforms enacted by Parliament in Bill C-41. I will also consider the nature of the conditional sentence, contrasting it with probationary measures and incarceration. Next, I will address particular interpretive issues posed by s. 742.1. I will first discuss the statutory prerequisites to the imposition of a conditional sentence. Thereafter, I will consider how courts should determine whether a conditional sentence is appropriate, assuming the prerequisites are satisfied. I conclude with some general comments on the deference to which trial judges are entitled in matters of sentencing and dispose of the case at hand in conformity with the principles outlined in these reasons.

16 Bill C-41 is in large part a response to the problem of overincarceration in Canada. It was noted in Gladue, at para. 52, that Canada’s incarceration rate of approximately 130 inmates per 100,000 population places it second or third highest among industrialized democracies. In their reasons, Cory and Iacobucci JJ. reviewed numerous studies that uniformly concluded that incarceration is costly, frequently unduly harsh and “ineffective, not only in relation to its purported rehabilitative goals, but also in relation to its broader public goals” (para. 54). See also Report of the Canadian Committee on Corrections, Toward Unity: Criminal Justice and Corrections (1969); Canadian Sentencing Commission, Sentencing Reform: A Canadian Approach (1987), at pp. xxiii‑xxiv; Standing Committee on Justice and Solicitor General, Taking Responsibility (1988), at p. 75. Prison has been characterized by some as a finishing school for criminals and as ill-preparing them for reintegration into society: see generally Canadian Committee on Corrections, supra, at p. 314; Correctional Service of Canada, A Summary of Analysis of Some Major Inquiries on Corrections – 1938 to 1977 (1982), at p. iv. In Gladue, at para. 57, Cory and Iacobucci JJ. held:

Without rehashing the entire ruling, Proulx, which was based on Bill C-41, set the benchmark for giving out “conditional sentences”, aka “house arrest”. The ruling noted the destructive long term effect prison can have.

While conditional sentencing is completely inappropriate for certain offences, it can have its benefits.

In areas with high crime rates, poverty, or high drug use, a person has to reasonably ask what will be the best solution overall. Does the community benefit from locking up large amounts of its people?

One caveat, breaks in sentencing, and alternatives to prison should be equally available to all Canadians. One group shouldn’t receive a greater aid, or detriment.

See the next section for the CSC report on Aboriginal circumstances.

6. Information Worth Looking At

This comes from the 1998 Corrections Service of Canada Paper (linked above). It also has an impressive bibliography, worth at least a peek.

1.3 Aboriginal Population
Approximately, one-third of all Aboriginal children under the age of 15 in Census families lived in a lone-parent family, twice the rate within the general population. The rate was even higher in urban areas. About 46% of Aboriginal children under 15 in Census families who lived in a census metropolitan area were in a lone-parent family. One-quarter of the Aboriginal population reported that they had an Aboriginal language as mother tongue. Cree was the largest Aboriginal mother tongue. The number of people who could speak an Aboriginal language was about 10% higher than the number who reported an Aboriginal mother tongue, indicating that a significant number of persons learned such a language later in life. (Department of Indian and Northern Affairs Canada, 1998).

This mentions a very interesting issue. Conservative commentator Larry Elder frequently talks about this. Single parent households (mostly missing fathers), is a very good indicator of crime and education. And it cuts across race.

1.4 Demographic and Socio-Economic Data
Increasing evidence points to a strong correlation between socio-economic disadvantage and involvement with the criminal justice system. A large proportion of the Aboriginal population in Canada suffers socio-economic disadvantage in comparison to non-Aboriginal Canadians. The social and economic conditions outlined in the section below illustrates a correlation between these factors and Aboriginal involvement with the criminal justice system. Poverty, inadequate educational opportunities, unemployment, poor living conditions, alcohol abuse and domestic violence all contribute to Aboriginal people coming into conflict with the law. The challenges to which the criminal justice system must respond are rooted in addressing these disadvantaged conditions.

These problems are prevalent, in particularly on remote reserves. To be fair, it isn’t restricted to reserves. It is heartbreaking to hear the problems and 3rd world conditions.

1.8 Suicide
Suicide is approximately three times more common among Aboriginal people than non-Aboriginal people. It is also five to six times more prevalent among Aboriginal youth than non-Aboriginal youth. In First Nations communities, suicide is more prevalent among the young and usually results from feelings of hopelessness and despair.

Wow. Just wow.

2.4 Urban vs. Rural Aboriginal Offenders
A recent study (Johnston, 1997) of Aboriginal inmates incarcerated in Canadian federal penitentiaries found that one-quarter (24%) of the group had originally came from reserve or remote areas; 44% originally came from rural areas, and 30% from urban areas. The interviewers did not ask about where the offenders had been living at the time of the offence. In addition, the study also found that a majority of the group had left their home community after their youth. Eighteen percent had lived in their home community all their life apart from periods spent incarcerated. Furthermore, the study found that 66% of the Aboriginal inmates incarcerated in federal penitentiaries were considered high-need. Forty-seven per cent were rated as both high-need and high-risk. A majority were rated by case management officers and other penitentiary staff who knew them, as having needs in the following areas:
-substance abuse needs (88%),
-personal/emotional needs (82%),
-employment needs (63%), and
-education needs (54%).

A large proportion were also rated as having needs in relation to:
-pro-criminal attitudes (49%),
-marital and family issues (42%),
-community functioning (36%),
-criminal associates (33%), and
-sexual offending (31%).

This is shocking. Almost 9 in 10 with substance abuse, 4 in 5 with personal needs, 2/3 with employment needs, and half lacking in education.

Canada is supposed to be a 1st world country, but standard of living for those away from any urban area are falling far short of what should be acceptable.

7. So Why Abolish Gladue?

Quite simply, it is a band-aid solution that ignores the real problems. “Rigging” the rules to let Aboriginal offenders off easier (or let them out earlier) turns a blind eye to the problems cited in the previous section. Lack of drinking water being one in the news lately.

Are Aboriginals disproportionately represented in criminal courts and jails? Yes, absolutely. The data and evidence for that is overwhelming.

But it is also plain and obvious that there are many problems with the more remote areas that should not be happening. Setting up different sentencing guidelines does nothing to address any of that.

It could easily be argued that problems with poverty, remote living, drugs, alcohol and domestic violence contribute to crime. These are the causes and crime is the effect. But Gladue gets it entirely backwards. It impacts the EFFECT, hoping to impact the CAUSES.

Hopefully this doesn’t come off as heartless. However, I view the “Gladue Rights” idea as completely missing the point, and ignoring genuine concerns.

8. Actually, There Is Discrimination

Instead of our Prime Minister blowing our money on virtue signalling foreign adventures, perhaps fixing the problems within our borders is a better approach.

  • Safe drinking water
  • Education/Work opportunities
  • Access to social services
  • Seriously evaluate if reserve system is sustainable

We certainly have money to blow on every UN adventure.

While the criminal justice system itself isn’t set up to discriminate, our government does. Entire sections of Canada’s population is left to die while we show the outside world how generous we are.

Gladue is the quick-fix that covers up the real problem.

Child Killer Gets Transfer to “Healing Lodge” Because of her Race

(Interrogation of McClintic)

(Interrogation of Rafferty)

(News on McClintic’s Transfer To Healing Lodge)

As cited in a previous article, see here, all defendants/prisoners are not equal in the eyes of the law. This is a racially discriminating practice that Canada has been involved in doing since the late 1990s.

Here is section 718.2(e) of the Canadian Criminal Code:

all available sanctions other than imprisonment that are reasonable in the circumstances should be considered for all offenders, with particular attention to the circumstances of aboriginal offenders.

Yes, one racial group is allowed to get what amounts to a race based discount. The 1999 Gladue ruling essentially paved the way for this to be normalized across Canada, while the Ipeelee decision expanded the scope to include long term offenders.

Here are the links to the Court decisions of Gladue (1997, 1999) and Ipeelee (2012).

R. v. Gladue, 1997 CanLII 3015 (BC CA)
R. v. Gladue, [1999] 1 SCR 688, 1999 CanLII 679 (SCC)
R. v. Ipeelee, [2012] 1 SCR 433, 2012 SCC 13 (CanLII)

While Indigenous people getting a race-based discount is nothing new in Canada, the transfer of child killer Terry McClintic to a “healing lodge” has the Canadian public flared up.

In 2009, 8 year old Tori Stafford was murdered by Terri McClintic, who was an accomplice to Michael Rafferty. In 2010, both McClintic and Rafferty received life sentences, with a 25 year custodial minimum. In 2014, McClintic was transferred to a medium security prison. Now, in 2018, McClintic is being sent to this “healing lodge”.

Not only is McClintic a child killer, but she viciously assaulted another inmate in 2012, and bragged that she only regretted not causing worse injury. Definitely a candidate for transfer from maximum to medium security prison.

Unfortunately, the federal parties are playing politics with it, while avoiding the real issue. The Liberals, now in government, blame the Conservatives for the 2014 transfer to medium security prison (when Stephen Harper was PM). The Conservatives blame the Liberals for not stopping this transfer. Both blame the other, while saying that they were not able to do anything — that Corrections Canada makes the decisions.

But the real issue that both Liberals and Conservatives dodge is that the entire law giving special treatment to Aboriginal/Indigenous/First Nations peoples. No group should receive “any” special treatment. Raced-based discounts are immoral.

What “should” be done is have the Gladue/Ipeelee rulings overturned. Yes, the Supreme Court of Canada endorsed this nonsense, but it can be stopped permanently using Section 33, the Notwithstanding Clause of the Canadian Charte of Rights and Freedoms.

Application of Charter
32. (1) This Charter applies
(a) to the Parliament and government of Canada in respect of all matters within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; and
(b) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province.
Marginal note:
Exception
(2) Notwithstanding subsection (1), section 15 shall not have effect until three years after this section comes into force.
Marginal note:
Exception where express declaration
33. (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.

Rafferty/McClintic have frequently been compared to Paul Bernardo/Karla Homolka, another male/female child killing couple. Karla Homolka’s mere 12 year sentence outraged Canadians, as does the McClintic transfer now.

Rather than bickering about whose government dropped the ball, this soft bigotry of low expectations needs to end. Legislate this nonsense out of Canadian law.

Update on the Story: On October 3, the Liberals, NDP and Green Party voted against a Conservative motion that would have kept Terri-Lynn McClintic in prison. See this link.

Further Update on the Story
On November 8, the Liberals have announced they will make new rules to send McClintic back. However, it doesn’t address underlying racist nature of the law — different sentencing rules based on skin colour, or even on ”how someone identifies”.