Category: Privacy

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Saskatchewan Firearms Act, Bill 117, Backdoored And Worthless

Saskatchewan Premier, Scott Moe, is making a big deal out of Bill 117, the Saskatchewan Firearms Act. It was introduced last December and has now passed Second Reading, with N.D.P. support. This is hailed as a way to protect gun owners from Ottawa. But, are things as they appear to be?

Keep in mind, Moe is the same monster who brought lockdowns, business closures, mask mandates and vaccine passports to Saskatchewan. This was less than 2 years ago. Remember how he decided the time for patience was over? Remember how Discount Bond Villain wanted to make things “less comfortable” for the unvaccinated?

Is this the person we should trust with our freedoms?

Moe is trying to portray himself as a hero of the people, saying Saskatchewan will not help in any way to enforce the gun grab from the May 2020 Order In Council. The stated purpose of this new Firearms Act is to create a separate system from Ottawa, one that can’t be abused.

Of course, any legislation in Saskatchewan can be viewed online at any time. While not exhaustive, here are some of the major points to consider.

Read the full text to ensure nothing is taken out of context:

3-1 explains what this really is. Saskatchewan is essentially setting up an additional firearms license, just a Saskatchewan version. If a person: (a) has a valid PAL/RPAL; and (b) is a Saskatchewan resident, they are deemed to have a Provincial license.

3-2(1) states that a firearms license will be revoked upon conviction of a number of criminal offenses.

3-3 through 3-12 list activities that are prohibited such as unauthorized possession, use, pointing of a firearm, illicit transport, import or export. These are already Criminal Code violations, and illegal anyway.

3-16 outlines the penalties for Section 3 violations, which can be up to 6 months in jail, and fines of $5,000 (individual) and up to $20,000 (for a corporation).

3-17 and 3-18 get into “alternative measures” for violations, and this could be considered parallel to diversion programs offered in Criminal Court. Resolutions include paying fees and taking classes.

Section 4 covers seizure agents, and the requirements to become one. It also gets into the rules and responsibilities once a person becomes an agent. The fact that it’s so detailed can make one wonder how broadly Saskatchewan will be seizing residents’ firearms.

5-3 through 5-6 specify that guns which are seized for enforcing laws, “fair market value” is to be provided. Note: it doesn’t prevent guns from being seized, but just imposes some minimal level of compensation.

5-7(2) prevents residents from commencing any form of litigation against members of this Firearms Compensation Committee. It’s an indemnification clause.

5-8 makes mandatory forensic and ballistic testing for firearms that are seized for criminal history. It’s written as “forensic and ballistic”, suggesting that there may be several different tests that are performed.

5-9 provides the option of forensic and ballistic testing when weapons are seized for other reasons.

5-10 gives the firearm owner the results of any forensic and ballistic testing that has been performed. Nice to see a bit of transparency added in there.

5-11 delays the destruction or deactivation of any firearm until the owner has received notice under 5-10.

6-1 is a way to both limit the cooperation that local police officers or municipalities have with the Government of Canada, as well as accepting financing. Presumably, this is how the “defunding” aspect will work.

6-2(1) gives the Minister broad powers to authorize people to commence investigations to ensure the Act is complied with

6-2(2) defines the scope at which authorized persons may investigate others. And 6-2(2)(d) is rather vague, stating:

(d) any property or assets of or things owned, acquired or alienated in whole or in part by the person being investigated or by any person acting on behalf of or as agent for the person being investigated.

6-2(3) states that the person(s) being investigated have to provide answers, meaning that this isn’t optional.

6-4 gives the Provincial Courts explicit authority to issue search warrants.

6-5 makes it mandatory to generate copies of documents examined during investigation.

6-6(1) list the penalties for obstruction, which can be up to 6 months in jail, and fines of $5,000 (individual) and up to $20,000 (for a corporation).

And, in case you believe you’ve been wronged in some way….

Immunity
6-7 No action or proceeding lies or shall be commenced against the Crown, the minister, the chief firearms officer, a firearms officer, the commissioner or any employee of the Crown if that person is acting pursuant to the authority of this Act or the regulations for anything in good faith done, caused or permitted or authorized to be done, attempted to be done or omitted to be done by that person or by any of those persons pursuant to or in the exercise or supposed exercise of any power conferred by this Act or the regulations or in the carrying out or supposed carrying out of any responsibility imposed by this Act or the regulations.

All too common in most legislation is a provision to indemnify the institution, and any actors involved. How would one ever prove bad faith?

Now we get to the worst part:

Regulations
6-8 The Lieutenant Governor in Council may make regulations:
(a) defining, enlarging or restricting the meaning of any word or expression used in this Act but not defined in this Act;
(b) exempting any person or class of persons from this Act or any provisions of this Act;
(c) prescribing offences for the purposes of subsection 3-2(1);
(d) prescribing persons or classes of persons for the purposes of subsection3-3(2);
(e) prescribing the form of an order for the purposes of section 3-18;
(f) for the purposes of section 4-1:
(i) prescribing any law as a specified law; and
(ii) exempting any law as a specified law;
(g) excluding any person or class of person from the definition of a seizure agent for the purposes of subsection 4-1(2);
(h) for the purposes of Part 4:
(i) respecting the issuing, renewing, amending, suspending and cancelling of licences;
(ii) respecting information to be provided to the minister by a licensee or an applicant for a licence;
(iii) requiring the payment of fees for the issuance or renewal of licences and prescribing amounts and terms of payment;
(iv) prescribing a code of ethical conduct for persons licensed pursuant to that Part;
(v) prescribing any additional standards, qualifications and training required to obtain a licence;
(vi) respecting the keeping of records and data, including the protection of privacy;
(vii) prescribing any new terms and conditions of a licence;
(i) prescribing additional factors for the purposes of subsection 5-6(1);
(j) prescribing requirements for the forensic and ballistic testing of the firearm for the purposes of subsection 5-9(3);
(k) prescribing requirements for an approved testing facility for the purposes of section 5-12;
(l) prescribing any matter or thing required or authorized by this Act to be prescribed in the regulations;
(m) respecting any other matter or thing that the Lieutenant Governor in Council considers necessary to carry out the intent of this Act.

That last part, (m) means that virtually anything else can be changed as well. The importance of this cannot be understated.

This is what it means to be “backdoored”: virtually anything in the Saskatchewan Firearms Act can be changed by the Lieutenant Governor in Council, without democratic debate. This is very similar to Section 117 of the Canada Firearms Act

As per the earlier comment, it’s interesting (or perhaps a coincidence), that it’s Saskatchewan Bill 117. This is because Section 117 of the Federal version is what allows the Governor in Council to make unilateral changes.

Regarding Section 68(h)(vi), and the phrase: “respecting the keeping of records and data, including the protection of privacy”, one can’t help but wonder if this could be the basis of a backdoor gun registry.

If there is something positive in Bill 117, it seems that at least gun owners would need to be paid fair price for their weapons once they’re confiscated.

(1) https://twitter.com/PremierScottMoe/status/1643423488168931330
(2) https://www.legassembly.sk.ca/
(3) https://www.legassembly.sk.ca/legislative-business/bills/
(4) https://www.legassembly.sk.ca/media/1398/progress-of-bills.pdf
(5) Saskatchewan Legislature Progress Of Bills
(6) Saskatchewan Firearms Act 2022
(7) https://orders-in-council.canada.ca/attachment.php?attach=39208&lang=en
(8) https://canucklaw.ca/canada-firearms-act-and-other-backdoored-legislation/
(9) https://www.laws-lois.justice.gc.ca/eng/acts/f-11.6/FullText.html

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Private Member’s Bill C-293: Domestic Implementation Of International Pandemic Treaty

Remember the hype in 2022 about a a proposed Global Pandemic Treaty? This was supposed to be an agreement that would give the World Health Organization binding legal authority over elected Governments. That seems to have stalled, at least to the casual observer.

Of course, the W.H.O. already has binding legal authority over Member States, which includes Canada. Anyone who’s ever read their Constitution would know that. That said, it doesn’t stop politicians from slipping in their rules in domestic legislation.

Private Member’s Bill C-293 was sponsored by Liberal M.P. Nathaniel Erskine-Smith (Beaches—East York). The content of which is interesting, to say the least.

Most Private Bills don’t become law. However, their content may become embedded into other legislation, and rammed through without proper debate and consideration.

Erskine-Smith isn’t a big player in Canadian politics. So, it’s strange that he would introduce something like this. Have to wonder if he wrote any of it.

Preamble
Whereas the costs of prevention and preparedness measures are insignificant in comparison to the human and economic costs of a pandemic;

Whereas Parliament is committed to making efforts to prevent the risk of and prepare for future pandemics and to promote transparency and accountability in relation to those efforts;

Whereas it is critical to build on the lessons learned from previous outbreaks of serious diseases, including severe acute respiratory syndrome (SARS), Ebola virus disease (EVD), Zika virus disease, tuberculosis, H1N1 flu and coronavirus disease 2019 (COVID-19);

Whereas a One Health approach — a multisectoral and multidisciplinary collaborative approach that focuses on the human, animal, plant and ecosystem health and welfare interface — is central to preventing the risk of future pandemics;

And whereas this approach requires sustained collaboration among various ministers, all levels of government and Indigenous communities;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

There is something of a bait-and-switch here. While the Bill is presented as cooperation between various Governments in Canada, it’s clear that it also involves supra-national control.

Plan — contents
(2) The pandemic prevention and preparedness plan must

(a) set out a summary of mitigation strategies that the Minister of Health intends to implement in order to prevent the risk of and prepare for disease outbreaks that could lead to pandemics, as well as a projected timeline for their implementation;

Should we just state the obvious? They aren’t preparing for future outbreaks. Instead, this is laying the groundwork to erase more of people’s rights under the pretext of an outbreak.

(iv) the surge capacity of human resources required for the testing and contact tracing of persons exposed to infectious diseases, and

Contact tracing is just a means to implement mass surveillance.

(i) the manufacturing capacity in Canada with respect to any product relevant to pandemic preparedness, including vaccines, testing equipment and personal protective equipment, and the measures that the Minister of Industry intends to take to address any supply chain gaps identified, and

Expect more taxpayer money to be pumped into “building up reserves”, regardless of whether such items would ever be used. Think of the millions of vaccines that are going to waste.

(ii) the communications capacity and infrastructure for electronic platforms and tools, including electronic applications that enable contact tracing of persons exposed to infectious diseases that could lead to pandemics;

Building the infrastructure for electronic monitoring of “infected” people?! Canada already has a system in place to track people on parole and probation. Why would such an expansion be necessary, unless they were anticipating a massive influx?

(ii) regulate commercial activities that can contribute to pandemic risk, including industrial animal agriculture,

(iii) promote commercial activities that can help reduce pandemic risk, including the production of alternative proteins, and

Going back to the 2017 Federal Budget, millions were pumped into the “alternative protein” industry. Considering that this Bill also talks about reducing natural agriculture, a cynic may wonder if this is done to force citizens to take these alternative “foods”.

(iv) phase out commercial activities that disproportionately contribute to pandemic risk, including activities that involve high-risk species;

The suggestion has been made many times before, that this can be used as an excuse to attack the food supply. As such, the public would be forced to starve, or seek other alternative foods.

(m) include the following information, to be provided by the Minister of the Environment:
(i) after consultation with relevant provincial ministers, a summary of changes in land use in Canada, including in relation to disturbed habitats, that could contribute to pandemic risk, such as deforestation, encroachment on wildlife habitats and urbanization and that were made, in the case of the first plan, since the last report on changes in land use published under the Federal Sustainable Development Act or, in the case of the updated plans, during the reporting period for the updated plan,

This is essentially merging the U.N. Sustainable Development Agenda with the W.H.O.’s goals. Sorts of sounds like the GREAT RESET, which was just a conspiracy theory.

(ii) a summary of the measures the Minister of the Environment intends to take to reduce the risk that the commercial wildlife trade in Canada and abroad will lead to a pandemic, including measures to regulate or phase out live animal markets, and

Phase out live animal markets? Is this a way to help manufacture a food shortage? Could this be done by claiming that entire farms are “at risk”, and then culling them to protect the public?

(n) include a summary, to be provided by the Minister of Foreign Affairs, of the measures that that minister intends to take to support global health equity, including measures to increase public health capacity around the world and to ensure equitable access to vaccines, testing equipment and treatment;

(o) set out, in consultation with relevant ministers, a summary of key cooperative measures or agreements on disease outbreak prevention and preparedness between the Government of Canada, other foreign governments and key international organizations, including the World Health Organization, the United Nations Environment Programme, the World Organization for Animal Health and the Food and Agriculture Organization of the United Nations; and

Here’s where it hits home. This will not simply be a Canadian system. Instead, it will be done in collaboration with:

  • Foreign Governments
  • World Health Organization
  • United Nations Environment Programme
  • U.N. Animal Health and the Food and Agriculture Organization

Read the entire Bill to make sure that nothing is being taken out of context. But this looks like a way to slip even more draconian measures onto the public.

And again, there has been — to my knowledge — any debate or reporting on this Bill. Why exactly is that? Isn’t this in the public interest?

1908: International Public Health Office to be created
1926: International Sanitary Convention was ratified in Paris.
1946: WHO’s Constitution was signed, and it’s something we’ll get into in more detail.
1951: International Sanitary Regulations adopted by Member States.
1969: International Health Regulations (1st Edition) replaced ISR. These are legally binding on all Member States.
2005: International Health Regulations 3rd Edition of IHR were ratified.

Without regurgitating the whole thing, the W.H.O. Constitution has been covered before, including the fact that it’s legally binding on Member States.

As has been outlined here before, the 2005 Quarantine Act, Bill C-12, was really just domestic implementation of the 3rd Edition of the International Health Regulations.

We’ve also gone heavily into the creation of PHAC, which is essentially just a branch of the World Health Organization. It was created at WHO’s instigation. It takes over (to a large degree) what Health Canada had been doing. The timeline is laid out, and worth a read.

Why does an unknown like Nathaniel Erskine-Smith introduce such a Bill? According to his Wikipedia page, he’s actually brought forward several pieces. This included (in the last Parliament) Bill C-235 to delete the drug possession offence from the Criminal Code. He also brought Bill C-236, to expand diversion alternatives for criminal cases involving drugs.

Whether or not this “Pandemic Treaty” ever goes ahead, this legislation seems designed to carry out the goals it was intended for. Perhaps this should be put to a public debate.

Again, why is this being done quietly in a Private Member’s Bill?

(1) https://eppc.org/publication/the-whos-pandemic-treaty/
(2) WHO Constitution, Full Document
(3) https://www.who.int/about/governance/constitution
(4) https://www.parl.ca/legisinfo/en/bills?chamber=1&page=3
(5) https://www.parl.ca/legisinfo/en/bill/44-1/c-293
(6) https://www.ourcommons.ca/Members/en/nathaniel-erskine-smith(88687)
(7) https://en.wikipedia.org/wiki/Nathaniel_Erskine-Smith
(8) https://www.parl.ca/legisinfo/en/bill/43-1/c-235
(9) https://www.parl.ca/legisinfo/en/bill/43-1/c-236

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Danielle Smith Betrays Supporters On Vaccine Passport Ban

In a move that was disappointing, but not surprising, Alberta Premier Danielle Smith has backed off on a promise to enshrine “vaccination status” as a human right. This would effectively ban the passes that her predecessor, Jason Kenney, had brought in. The latest video was published on Global News, and involves Smith explaining why this isn’t going to happen. Apparently, the issue is too complex to be handled with a single piece of legislation.

However, the reasoning makes no sense. Jason Kenney brought in the passes by Ministerial Order. This was done without public consultation, a referendum, or any debate. If the Premier wields that kind of power, then surely Smith can ban the use of them in the same way. A Bill wouldn’t even be needed.

This comes despite public pressure for remaining business to drop their own requirements for patrons, clients and customers. In other words, Smith wants businesses to voluntarily do away with the QR codes, but isn’t willing to do it herself.

This was addressed in an earlier piece. If Smith were serious about protecting the freedoms of Albertans, she would come clean on exactly what is happening regarding “public health”.

Over a century ago, an International Public Health Office was created, which we became a part of. This was done without any democratic mandate of course.

1926: International Sanitary Convention was ratified in Paris.
1946: WHO’s Constitution was signed, and it’s something we’ll get into in more detail.
1951: International Sanitary Regulations adopted by Member States.
1969: International Health Regulations (1st Edition) replaced ISR. These are legally binding on all Member States.
2005: International Health Regulations 3rd Edition of IHR were ratified.
2005: Quarantine Act, Bill C-12, is brought as domestic implementation of WHO-IHR.

It should be pointed out as well: the Quarantine Act was the basis for a lot of the content within the various Provincial Public Health Acts. Medical martial law is on the books, courtesy of policies that weren’t even written in Canada. That’s very undemocratic.

Of course, it’s possible that Smith knows nothing about any of this. If that’s the case, it’s scary how a person can wield this much power, without any awareness.

A cynic may wonder whether Smith never intended to introduce legislation in the first place. Perhaps this was a calculated plot to win the leadership race.

Another possibility is that this will come up again in the May 2023 election. Smith can facetiously campaign against the NDP, demanding she be elected, otherwise, face the return of QR codes. We’ll have to see what the next move is.

Just 6 weeks ago, Smith capitulated at the altar of political correctness. People were offended that she called the unvaccinated “the most discriminated group”. Instead of standing her ground, she apologized.

So, are the vaxx passes a human rights issue or not?

And when she says it’s important to have a “proper pandemic planning response for next time”, does she know something we don’t? Can we expect another psy-op like before?

(1) https://globalnews.ca/news/9309856/danielle-smith-bill-protect-unvaccinated/
(2) https://canucklaw.ca/what-danielle-smith-isnt-telling-her-supporters/
(3) https://www.treaty-accord.gc.ca/index.aspx
(4) https://www.treaty-accord.gc.ca/details.aspx?lang=eng&id=103984&t=637793587893732877
(5) https://www.treaty-accord.gc.ca/details.aspx?lang=eng&id=103986&t=637862410289812632
(6) https://www.treaty-accord.gc.ca/details.aspx?lang=eng&id=103990&t=637793587893576566
(7) https://www.treaty-accord.gc.ca/details.aspx?lang=eng&id=103994&t=637862410289656362
(8) https://www.treaty-accord.gc.ca/details.aspx?lang=eng&id=103997&t=637793622744842730
(9) https://www.treaty-accord.gc.ca/details.aspx?lang=eng&id=105025&t=637793622744842730
(10) https://apps.who.int/iris/handle/10665/88834
(11) https://canucklaw.ca/wp-content/uploads/2020/09/ihr.convention.on_.immunities.privileges.pdf
(12) https://cdn.who.int/media/docs/default-source/documents/publications/basic-documents-constitution-of-who179f0d3d-a613-4760-8801-811dfce250af.pdf?sfvrsn=e8fb384f_1&download=true
(13) WHO Constitution Full Document

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Bill C-27: Digital Charter Implementation Act Returns, With AI Provision

Bill C-27, the Digital Charter Implementation Act (or Dee CIA), has been brought back. In the last session, this was Bill C-11.

Contrary to what many might assume, this is not about gun control. Instead, it concerns digital privacy, and the way and means that personal information will be shared.

In fact, a lot of the Bills in this current session are recycled versions of legislation that died in previously. This is no exception.

One major difference here is something that was created:

The Artificial Intelligence and Data Act

[Section 2: definitions]
artificial intelligence system means a technological system that, autonomously or partly autonomously, processes data related to human activities through the use of a genetic algorithm, a neural network, machine learning or another technique in order to generate content or make decisions, recommendations or predictions.

[Section 3] Interestingly, this Act, and the limitations, do not apply to:
(a) the Minister of National Defence;
(b) the Director of the Canadian Security Intelligence Service;
(c) the Chief of the Communications Security Establishment; or
(d) any other person who is responsible for a federal or provincial department or agency and who is prescribed by regulation.

The legislation then gets into how the Act would be applied, and what the limitations would be. There’s a provision to prevent “biased outcomes” from being determined by artificial intelligence.

[Section 5(1)]
biased output means content that is generated, or a decision, recommendation or prediction that is made, by an artificial intelligence system and that adversely differentiates, directly or indirectly and without justification, in relation to an individual on one or more of the prohibited grounds of discrimination set out in section 3 of the Canadian Human Rights Act, or on a combination of such prohibited grounds. It does not include content, or a decision, recommendation or prediction, the purpose and effect of which are to prevent disadvantages that are likely to be suffered by, or to eliminate or reduce disadvantages that are suffered by, any group of individuals when those disadvantages would be based on or related to the prohibited grounds.

For reference, the Canadian Human Rights Act lists: “race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered”, as protected grounds

In other words, AI can be used to pander to specific groups of people. However, “noticing” things would presumably violate the law.

[Section 6] lays out a requirement to add safeguards to anonymized data, which actually a really good idea. Guess we’ll have to see what those protections are later.

[Section 11] states that anyone or group that is involved in running a high-impact system must publish information — in plain terms — how the system works, and what safety protocols are in place.

(from the Bill) High-impact system means an artificial intelligence system that meets the criteria for a high-impact system that are established in regulations. However, the regulations haven’t been established yet.

[Sections 13, 14] allows Cabinet Ministers to require the disclosure of certain records, particularly if there is the risk of “biased outcomes” in what the AI is generating.

[Section 26] lists others who may be able to access confidential information, including:
(a) the Privacy Commissioner;
(b) the Canadian Human Rights Commission;
(c) the Commissioner of Competition;
(d) the Canadian Radio-television and Telecommunications Commission;
(e) any person appointed by the government of a province, or any provincial entity, with powers, duties and functions that are similar to those of the Privacy Commissioner or the Canadian Human Rights Commission;
(f) any other person or entity prescribed by regulation.

[Section 28] gives the Minister the authority to publish information about people or a group (without their consent), if it’s believed that doing so will prevent harm from coming to them. However, it’s not stated what “reasonable grounds” actually means.

[Section 29] gets into Administrative Monetary Penalties, and the stated goal of ensuring compliance with the The Artificial Intelligence and Data Act.

[Section 30] states that it’s an offence to violate Sections 6-12, as well as providing misleading information to the Minister, or anyone acting for the Minister.

[Section 36] is a backdoor provision, which exists in many pieces of legislation. It allows the Governor in Council to make regulations without the need to Parliamentary oversight.

[Sections 38-40] lay out penalties, both monetary and potential prison time, for violations of this Act. Fines can be up to $25,000,000 + 5% of revenues. Prison time can be up to 5 years (if proceeded by indictment), and 2 years less a day (if proceeded summarily).

Aside from the Artificial Intelligence and Data Act being included, this legislation is essentially just Bill C-11 from the last session of Parliament.

Consumer Privacy Protection Act

The Consumer Privacy Protection Act was the bulk of the last version of this Bill, and was in this one as well. While name appears to take privacy seriously, it’s worth noting that that Section 4 states that it doesn’t apply to:

(a) any government institution to which the Privacy Act applies;

(b) any individual in respect of personal information that the individual collects, uses or discloses solely for personal or domestic purposes;

(c) any organization in respect of personal information that the organization collects, uses or discloses solely for journalistic, artistic or literary purposes;

(d) any organization in respect of an individual’s personal information that the organization collects, uses or discloses solely for the purpose of communicating or facilitating communication with the individual in relation to their employment, business or profession; or

(e) any organization that is, under an order made under paragraph 122(2)‍(b), exempt from the application of this Act in respect of the collection, use or disclosure of personal information that occurs within a province in respect of which the order was made.

In other words, personal information can be shared with just about anyone.

[Section 8(1)] requires that organizations designate someone to be responsible for the security of this information, and that their contact information be furnished if requested.

[Sections 9-11] outline how a privacy safety management program must be established, and some considerations in setting it up.

[Section 18] lists how and when businesses can collect personal information, or disclose it, and when consent isn’t required to go through with it.

[Section 19] says that no consent or knowledge is required from the individual to share personal information with a service provider in the course of business.

[Sections 20-22] permit research to be done using customer information as data, although it’s expected that it would be anonymized. It’s also okay to do this for prospective business transactions that haven’t yet been approved.

[Sections 23-24] are about disclosure during the course of employment. This has been the norm for a long time, as companies routinely share data for things like payroll.

[Sections 25-28] says information can be shared without knowledge or consent for the purposes of disclosure to a notary, obtaining witness statements, suspected fraud, and debt collection.

[Section 35] allows information to be disclosed without the person’s knowledge or consent if it’s being done for statistical purposes, study or research, if obtaining consent is impractical.

[Section 36] gets into the disclosure of “records of historic or archival importance”, which again, can be done without knowledge or consent.

[Section 38] allows journalists, artists and people performing literary purposes to disclose information without the knowledge or consent of other parties involved.

[Sections 43, 44] mean that Government employees would be able to access personal records without the knowledge or consent of others, if done for the purpose of administering laws.

The Act then goes on at length about procedures that would be in place if these other rules were violated.

Bill C-27 would make various changes to other acts such as: the Canada Evidence Act; the Access to Information Act; the Aeronautics Act, the Competition Act; the Telecommunications Act; and the Public Servants Disclosure Protection Act.

While it sounds great to enshrine digital privacy, there are so many exceptions written in that one reasonably has to wonder what protections are really offered.

Of course, there is a bit of a conflict of interest here. Reporters and journalists require access to information in order to do their jobs. While doxing isn’t acceptable, the ability to dig deep is essential in order to properly prepare a broadcast or newspaper.

Bill C-11, (the last version of this), didn’t get far in the last session, and it doesn’t appear to be urgent now. Who knows if this will actually pass?

(1) https://www.parl.ca/legisinfo/en/bill/43-2/c-11
(2) https://www.parl.ca/DocumentViewer/en/43-2/bill/C-11/first-reading
(3) https://www.parl.ca/legisinfo/en/bill/44-1/c-27
(4) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-27/first-reading
(5) https://laws-lois.justice.gc.ca/eng/acts/h-6/page-1.html

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Ottawa To Ban Handgun Imports August 19th Using Regulatory Measure

The Canadian Government announced on August 5th that a national ban on the importation of handguns would take effect on the 19th, which is two weeks away. The full video is available from CPAC’s website.

There would supposedly be a small number of exceptions for the importation ban. However, it’s fair to assume that the retailers would no longer have access to new ones.

According to Ottawa, Bill C-21 would have 3 main effects:

  • National handgun “freeze”, meaning no more purchases, sales, or transfers
  • Red and yellow flag laws, to make seizures of firearms easier
  • “New tools” which apparently include stiffer sentences and new wiretapping powers

As with everything, the devil is in the details. For example, what new wiretapping powers would the police receive? They’re already allowed to apply for warrants to monitor suspected criminal activities.

Also, given this Administration’s pattern of reducing penalties for criminal offences, it seems unlikely that any changes here will be a deterrent against committing firearm offences.

Bill C-21 would be the so-called freeze on handgun movements, but apparently, the Federal Government doesn’t really want to wait for that. Banning imports would effectively shut down the market immediately. It’s troubling to see the democratic process subverted by just making an order.

Bill C-21 was introduced in the previous session, and died when the 2021 election was called. However, it’s been brought back, with some changes.

If handguns cannot be imported, sold, transferred, or gifted, how long until they are subjected to a mandatory buyback? After all, that’s what happening with what the Government calls “assault style” weapons.

(1) https://www.cpac.ca/episode?id=38406422-ecdb-494b-8439-a1fbdeaf4e28
(2) https://calgary.citynews.ca/2022/08/05/canada-temporary-ban-handgun-imports/
(3) https://www.cbc.ca/news/politics/temporary-ban-import-handguns-canada-1.6542492
(4) https://www.parl.ca/legisinfo/en/bill/44-1/c-21
(5) https://www.parl.ca/legisinfo/en/bill/43-2/c-21

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Canadian Parliament To Resume Study On Facial Recognition Use After Summer Break

The Canadian Parliament is taking a break for the summer on studying the issue of facial recognition in society. Considering the vast privacy implications, this isn’t a topic to be decided lightly.

There have been 8 briefs submitted for public viewing, and some 33 witnesses have been scheduled to appear before the House of Commons. There has been overlap in the concerns, particularly around what sort of safeguards would be in place to prevent misuse and abuse of this technology.

Questions have also been asked about how reliable this type of equipment is, and can its use inadvertently lead to large numbers of false positives. This seems particularly true given how many people are still wearing masks. Beyond that, how broadly could this be used? Would the scope be narrow and focused, or turned onto society more broadly?

Given the increasing use of AI, or artificial intelligence, it seems that much of this would be done automatically, with little to no personal oversight. That again raises the potential for more errors.

And really, many just don’t want such systems around.

Hearings went from March through June 2022. However, with Parliament recessed for the summer, the issue is on hold for the time being.

The timing is also bad for another reason. Earlier this year, it was revealed that the Public Health Agency of Canada had been tracking cell phone data from users without their knowledge or consent. See their recommendations. This doesn’t exactly contribute to gaining the public’s trust.

Clearly, we will have to see where things go this these issues. However, there is a significant portion of the population which is unhappy with ever encroaching measures.

(1) https://www.ourcommons.ca/Committees/en/ETHI/StudyActivity?studyActivityId=11566271
(2) https://www.ourcommons.ca/Content/Committee/441/ETHI/Brief/BR11882158/br-external/MaslejNestor-e.pdf
(3) https://www.ourcommons.ca/Content/Committee/441/ETHI/Brief/BR11713948/br-external/CanadianHumanRightsCommission-e.pdf
(4) https://www.ourcommons.ca/Committees/en/ETHI/StudyActivity?studyActivityId=11471238
(5) https://canucklaw.ca/privacy-phac-snooping-on-cell-phone-records/
(6) https://www.ourcommons.ca/Committees/en/ETHI/StudyActivity?studyActivityId=11471238
(7) https://www.ourcommons.ca/DocumentViewer/en/44-1/ETHI/report-4/
(8) https://www.ourcommons.ca/Content/Committee/441/ETHI/Reports/RP11736929/ethirp04/ethirp04-e.pdf