Category: Procedural

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CCS #6(B): Carbon Tax Challenge Is Designed To Fail At Supreme Court Of Canada

Originally featured as the resistance, this group is going through the motions of pretending to oppose a Carbon tax, and the globalist agenda as a whole. Now the Supreme Court of Canada is about to weigh in.

1. Debunking The Climate Change Scam

The entire climate change industry, (and yes, it is an industry) is a hoax perpetrated by the people in power. See the other articles on the scam, the propaganda machine in action, and some of the court documents in Canada. Carbon taxes are just a small part of the picture, and conservatives are intentionally sabotaging their court cases.

2. Important Links

CLICK HERE, for Saskatchewan Court of Appeal ruling.
CLICK HERE, for Saskatchewan Courts, info for users.
CLICK HERE, for Ontario Court of Appeal ruling.
CLICK HERE, for ONCA challenge documents, pleadings.
CLICK HERE, for Alberta Court of Appeal ruling.
CLICK HERE, for ABCA challenge documents, pleadings.
CLICK HERE, for Supreme Court of Canada constitutional challenge.

SCC Attorney General Of Ontario
SCC Attorney General Of Canada
SCC Attorney General Of Saskatchewan
SCC Attorney General Of Alberta
SCC Attorney General Of New Brunswick
SCC Attorney General Of Manitoba
SCC Attorney General Of Quebec
SCC Attorney General Of British Columbia
SCC Amnesty International
SCC Canadian Labour Congress
SCC David Suzuki Foundation
SCC Intergenerational Climate Committee
SCC International Emissions Trading Association
SCC Smart Prosperity Institute
SCC Attorney General Of Ontario Reply
SCC Attorney General Of Canada Reply

Listings Of Documents Filed With Court

3. Saskatchewan Court Of Appeal (May, 2019)

II. OVERVIEW
[4] The factual record presented to the Court confirms that climate change caused by anthropogenic greenhouse gas [GHG] emissions is one of the great existential issues of our time. The pressing importance of limiting such emissions is accepted by all of the participants in these proceedings.

[5] The Act seeks to ensure there is a minimum national price on GHG emissions in order to encourage their mitigation. Part 1 of the Act imposes a charge on GHG-producing fuels and combustible waste. Part 2 puts in place an output-based performance system for large industrial facilities. Such facilities are obliged to pay compensation if their GHG emissions exceed applicable limits. Significantly, the Act operates as no more than a backstop. It applies only in those provinces or areas where the Governor in Council concludes GHG emissions are not priced at an appropriate level.

[6] The sole issue before the Court is whether Parliament has the constitutional authority to enact the Act. The issue is not whether GHG pricing should or should not be adopted or whether the Act is effective or fair. Those are questions to be answered by Parliament and by provincial legislatures, not by courts.

From the Saskatchewan Court of Appeal ruling. All parties, including those of Scott Moe, and his “conservative” allies, all admitted that climate change was a dire threat. The case was only over very narrow technical arguments. The junk science behind the Carbon tax was never questioned.

4. Ontario Court Of Appeal (June, 2019)

Greenhouse Gas Emissions and Climate Change
[6] Climate change was described in the Paris Agreement of 2015 as “an urgent and potentially irreversible threat to human societies and the planet”. It added that this “requires the widest possible cooperation by all countries, and their participation in an effective and appropriate international response”.

[7] There is no dispute that global climate change is taking place and that human activities are the primary cause. The combustion of fossil fuels, like coal, natural gas and oil and its derivatives, releases GHGs into the atmosphere. When incoming radiation from the Sun reaches Earth’s surface, it is absorbed and converted into heat. GHGs act like the glass roof of a greenhouse, trapping some of this heat as it radiates back into the atmosphere, causing surface temperatures to increase. Carbon dioxide (“CO2”) is the most prevalent GHG emitted by human activities. This is why pricing for GHG emissions is referred to as carbon pricing, and why GHG emissions are typically referred to on a CO2 equivalent basis. Other common GHGs include methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and nitrogen trifluoride.

[8] At appropriate levels, GHGs are beneficial. They surround the planet like a blanket, keeping temperatures within limits at which humans, animals, plants and marine life can live in balance. The level of GHGs in the atmosphere was relatively stable for several million years. However, since the beginning of the industrial revolution in the 18th century, and more particularly since the 1950s, the level of GHGs in the atmosphere has been increasing at an alarming rate. Atmospheric concentrations of CO2 are now more than 400 parts per million, a level not reached since the mid-Pliocene epoch, approximately 3-5 million years ago. Concentrations of other GHGs have also increased dramatically.

[29] On December 9, 2016, eight provinces, including Ontario, and the three territories adopted the Pan-Canadian Framework on Clean Growth and Climate Change (the “Pan-Canadian Framework”), which explicitly incorporated the Benchmark. At that time, British Columbia, Alberta and Québec already had carbon pricing mechanisms, and Ontario had announced its intention to join the Québec/California cap-and-trade system. Manitoba subsequently adopted the Pan-Canadian Framework on February 23, 2018. Saskatchewan did not adopt it. The Pan-Canadian Framework emphasized the significant risks posed by climate change to human health, security and economic growth and recognized carbon pricing as “one of the most effective, transparent, and efficient policy approaches to reduce GHG emissions”, promote innovation and encourage individuals and industries to pollute less.

[55] Ontario agrees that climate change is real, is caused by human activities producing GHG emissions, is having serious effects, particularly in the north, and requires proactive measures to address it. Ontario does not agree, however, that what it labels a “carbon tax” is the right way to do so. It says that Ontario will continue to take its own approach to meet the challenge of reducing GHG emissions.

[56] Ontario points to the success of its own efforts to reduce GHG emissions, the most significant of which has been the closure of all five of Ontario’s coal-fired electricity generation plants, which has reduced Ontario’s annual GHG emissions by approximately 22 percent below 2005 levels as of 2016.

[57] Ontario’s environmental plan (“Preserving and Protecting our Environment for Future Generations: A Made-in-Ontario Environment Plan”), released in November 2018, proposes to find ways to “slow down climate change and build more resilient communities to prepare for its effects”, but it will do this in a “balanced and responsible” way, without placing additional burdens on Ontario families and businesses.

[58] Ontario has committed to reducing its emissions by 30 percent below 2005 levels by 2030, which aligns with Canada’s target under the Paris Agreement. It will do so, for example, by updating its Building Code, O. Reg. 332/12, increasing the renewable content of gasoline, establishing emissions standards for large emitters, and reducing food waste and organic waste.

From the Ontario Court of Appeal ruling. The Ford Government does not question the climate change agenda in any way, shape or form. Nor do his partners. In fact, there is a lot of bragging that Ontario is already doing a great job combatting climate change.

5. Alberta Court Of Appeal (February, 2020)

I. Introduction
[1] Calls to action to save the planet we all share evoke strong emotions. And properly so. The dangers of climate change are undoubted as are the risks flowing from failure to meet the essential challenge. Equally, it is undisputed that greenhouse gas emissions caused by people (GHG emissions) are a cause of climate change. None of these forces have passed judges by. The question the Lieutenant Governor in Council referred to this Court though – is the Greenhouse Gas Pollution Pricing Act, SC 2018, c 12 (Act) unconstitutional in whole or in part – is not a referendum on the phenomenon of climate change.[1] Nor is it about the undisputed need for governments throughout the world to move quickly to reduce GHG emissions, including through changes in societal behaviour. The federal government is not the only government in this country committed to immediate action to meet this compelling need. Without exception, every provincial government is too.[2]

[2] Nor is this Reference about which level of government might be better suited to address climate change or GHG emissions. Or whether a uniform approach is desirable. Or who has the best policies. Or what are the best policies. Or who could do more to reduce GHG emissions in the world. This Court cannot compare causes with causes, means with means, provinces with provinces or nations with nations in the global struggle against climate change. But what it can do is offer our opinion on the constitutionality of the Act under Canada’s federal state.

[460] Alberta, according to Robert Savage, who has worked primarily in the climate change field for Alberta since 2004 and is now Alberta’s assistant deputy minister of the Climate Change Division of Alberta Environmental and Parks, “has long accepted the scientific consensus that human activity, in particular the production of … [greenhouse gases is] … a significant contributory factor to climate change, and that if action is not taken to reduce global … [greenhouse gas] emissions, the potential impacts of climate change will be more severe”.[346]

[461] Mr. Savage, with justification, asserts that “Alberta has been a pioneer in Canada and North America with respect to climate change initiatives, with a long history of innovative policies, regulatory schemes, and investments in technology targeted at reducing GHGs”.[347]

[462] He also claims that Alberta was one of the first Canadian jurisdictions to adopt “a comprehensive action plan to reduce GHG emissions”.[348]

[463] The 2002 Albertans & Climate Change: Taking Action plan dealt with better emissions management, enhanced technology to control industrial emissions, enhanced energy efficiency and the development of renewable energy sources.[349]

[464] The 2002 climate change plan contained ambitious components. It targeted a fifty percent reduction of 2002 emissions by 2020 per unit of gross domestic product. It directed large emitters to measure and report to government emissions data. It emphasized the need to manage carbon dioxide emissions and develop biological sinks. It encouraged Albertans to consume less energy.

From the Alberta Court of Appeal ruling. Once again, none of these “conservative” parties oppose the climate change agenda in any way. Instead, they argue for the right to implement their own programs. Now it may be poor wording, but this doesn’t exclude PROVINCIAL Carbon taxes at some point.

6. Federal Conservatives Support Climate Hoax

This interview clip with Alberta MP Garnett Genuis is from 2017. Then Leader Andrew Scheer whipped his caucus into voting for a motion to support the Paris Accord. Now Genuis tries to defend it, and fails.

However, the CPC would likely have still supported it if they were in power. Stephen Harper signed Agenda 2030 in September 2015, and there’s no reason to indicate he wouldn’t have signed the Paris Accord as well. Either Conservatives are unaware of the deeper globalist agenda, or they don’t care.

7. Supreme Court Of Canada: Ontario (Appellant)

PART I – OVERVIEW AND FACTS
1. This case is not about whether action needs to be taken to reduce greenhouse gas emissions or the relative effectiveness of particular policy alternatives. It is about (1) whether the federal Greenhouse Gas Pollution Pricing Act (the “Act”) can be supported under the national concern branch of the POGG power; and (2) whether the “charges” imposed by the Act are valid as regulatory charges or as taxes. The answer to both questions should be no.

2. The provinces are fully capable of regulating greenhouse gas emissions themselves, have already done so, and continue to do so. Ontario has already decreased its greenhouse gas emissions by 22% below 2005 levels and has committed to a 30% reduction below 2005 levels by 2030 – the same target to which Canada has committed itself in the Paris Agreement.

14. Internationally, while there is broad consensus about the importance of urgently addressing climate change, parties to the Paris Agreement are not required to implement carbon pricing as part of their efforts to reduce greenhouse gas emissions. Article 6.8 of the Paris Agreement specifies that the Parties “recognize the importance of integrated, holistic and balanced non-market approaches being available to the Parties.” The Act therefore imposes standards that are more stringent than the requirements of the Paris Agreement.

C. Ontario Has Taken and Will Continue to Take Strong Actions Across Its Economy and Society to Address Greenhouse Gas Emissions
.
15. Ontario agrees with Canada that climate change is real and needs to be addressed. That is why Ontario has taken steps to implement a made-in-Ontario plan to protect the environment, reduce greenhouse gas emissions, and fight climate change. Ontario has set itself the goal of reducing Ontario’s emissions by 30% below 2005 levels by 2030.

Ontario’s Factum (as the Appellant). Although other parties are joining in as Intervenors, Ontario is officially the party that is appealing.

8. Supreme Court: Manitoba (Intervenor)

PART I – OVERVIEW AND STATEMENT OF FACTS
1. This appeal strikes at the heart of federalism. It provides this Court with an opportunity to further delineate the parameters of the test for the national concern branch of peace, order and good government (POGG), as set out in Crown Zellerbach over 30 years ago.

2. No one disputes that climate change and the reduction of greenhouse gas (GHG) emissions are of paramount importance. The issue is whether Parliament has exclusive jurisdiction to impose its preferred policy choice on the provinces. Manitoba agrees with the Appellants’ submissions that reducing GHG emissions lacks the singleness, distinctiveness and indivisibility necessary to support an exercise of the POGG power. If Parliament were to have jurisdiction under POGG to impose national standards to reduce GHG emissions as a matter of national concern, there would be virtually no limit to Parliament’s ability to legislate in areas of provincial jurisdiction, given the breadth of activities that create GHG emissions. This would substantially disrupt the balance of federalism.

6. Manitoba is fully committed to reduce GHG emissions and agrees that all governments must play a role and work cooperatively to implement effective solutions to combat and mitigate climate change. Climate change is one of the main pillars of Manitoba’s Climate and Green Plan, 2017 (Climate Plan), which aims to reduce GHG emissions, invest in clean energy and adapt to the impacts of climate change.

7. When first introduced, Manitoba’s Climate Plan included carbon pricing as one among many tools to help reduce GHG emissions. It recognized that free-market forces could be used together with smart regulation to tackle climate change and make meaningful emission reductions. In addition to other measures, Manitoba proposed to introduce a flat $25 per tonne carbon tax. The proposed carbon tax would start at more than double the initial federal price of $10 per tonne, and would remain constant at $25 from 2018 to 2022.

Manitoba has decided to enter the case as an Intervenor for Ontario. The “conservative” Brian Pallister supports the climate change agenda fully, but only objects to this specific tax. Ideologically, he is fully on board.

9. Supreme Court: Saskatchewan (Intervenor)

PART I – OVERVIEW AND FACTS
A. Introduction
1. This appeal concerns whether federal legislation that regulates provincial greenhouse gas (GHG) emission sources is constitutional. What is specifically at stake is whether the federal government has jurisdiction to unilaterally impose its chosen policy to regulate sources of GHG emissions on the provinces. The Greenhouse Gas Pollution Pricing Act (the “GGPPA” or “Act”) functions as if the federal government is legislating in place of a province itself. It is supervisory, and its legislative machinery reveals that what the federal government is truly doing is passing provincial legislation in those provinces it feels have inadequately adopted the federal policy.

2. This appeal does not concern whether global climate change is real and concerning or if the provinces are taking sufficient action to reduce GHG emissions. All parties agree that global climate change is a significant societal problem and all provinces have and continue to take action to reduce GHG emissions. In the Courts below, many submissions, including those of the Attorney General of Canada, focused on the nature of climate change and the importance of carbon pricing as an effective method of reducing GHG emissions. However, the efficacy of carbon pricing is not relevant to the constitutionality of the GGPPA, which must be derived from whether it is within the legislative competence of the federal government.

That was from the submissions of the Attorney General of Saskatchewan, acting as an Intervenor in the Ontario appeal to the Supreme Court. Again, Scott Moe confirms that climate change is a threat to humanity, but that this particular tax is unconstitutional on technical grounds.

10. Supreme Court: Alberta (Intervenor)

A. Overview
1. In a case like this with profound implications for the division of powers, the court’s overriding concern must be maintaining the structure of our federal system of government.

2. The court cannot and should not base its decision on what it considers necessary to address a global problem such as climate change or what it believes are the best policy solutions for reducing greenhouse gas (“GHG”) emissions, particularly in light of genuine and reasonable policy disputes as to what approaches strike the right balance in particular contexts.

3. With respect, this was lost sight of in the majority decisions of the Courts of Appeal below. The majority judges in these cases appeared to conclude that the importance of addressing climate change justified the federal government controlling how the provinces exercise their jurisdiction over the regulation of GHG emissions under the national concern branch of the Peace, Order and Good Government (“POGG”) power.

As before, Alberta doesn’t actually challenge the climate change agenda in any way. The argument (as in all cases), is that Provinces should be left alone to come up with their own solutions. With everyone saying that climate change is a serious threat, the Court will never consider just how corrupt and fraudulent it really is.

11. Supreme Court: BC (Intervenor)

PART I: OVERVIEW OF POSITION AND STATEMENT OF FACTS
1. The troubling question raised by these references is whether our system of federalism is an obstacle to addressing the existential threat of global climate change. Are we the only major emitting country in the world whose constitution renders it impossible to make national commitments to reduce greenhouse gases? Or can national targets be met using means compatible with the unity-in-diversity that characterizes Canada’s federal structure?

2. In British Columbia, the “future” of a climate transformed by human greenhouse gas emissions is here now. A major industry has already been devastated: people have already been forced out of their homes. The province has experienced an average temperature increase of 1.4°C since 1900 – the limit of what scientists tell us would destabilize biological and social systems globally. A succession of relatively warm winters in the 1990s led to the mountain pine beetle epidemic and, as a direct consequence, the loss of most of the merchantable pine volume in interior British Columbia by 2012. The worst forest fire seasons on record occurred back-to back in 2017 and 2018. The elevated risk is because of climate change. In coming decades, British Columbia can expect wildfires like California’s today. Melting permafrost will damage infrastructure in Northern British Columbia, especially for remote communities and Indigenous peoples. Sea level rise poses risk of unquantifiable flooding losses for coastal British Columbia, particularly Prince Rupert and the Fraser River delta, where 100 square kilometres of land are currently within one metre of sea level. This includes the City of Richmond, home to 220,000 people

The NDP Government of British Columbia openly supports the climate change agenda, as do so-called “conservatives”. But at least the NDP is up from about this.

That said, the part about forest fires needs to be addressed. The RCMP has stated — at least for the 2018 fires — that the bulk of them were intentionally set (arson).

Even if conservatives were in power, they seem to support the agenda.

12. Supreme Court: Quebec (Intervenor)

PARTIE III. EXPOSÉ DES ARGUMENTS
Introduction
8. La PGQ ne conteste pas que la protection de l’environnement constitue un enjeu fondamental qui nécessite une action de la part des deux ordres de gouvernement, comme la Cour l’a reconnu dans l’arrêt Hydro-Québec. La Cour a défini la protection de l’environnement comme étant une matière « diffuse », non expressément attribuée de manière exclusive à un ordre de gouvernement plutôt qu’à un autre Affirmant au premier chef la compétence de l’Assemblée
nationale de légiférer sur la protection de l’environnement, la PGQ ne remet pas en cause la compétence législative du Parlement fédéral à l’égard de cette même matière. La PGQ est d’avis que la protection de l’environnement requiert d’ailleurs une collaboration de la part de tous les acteurs concernés

PART III. STATEMENT OF ARGUMENTS
Introduction
8. The PGQ does not dispute that environmental protection is an issue fundamental that requires action from both levels of government, such as the Court recognized this in the Hydro-Québec decision. The Court defined the protection of the environment as being a “diffuse” matter, not expressly attributed exclusively to an order of government rather than another. Primarily affirming the competence of the Assembly to legislate on the protection of the environment, the QMP does not call into question the legislative competence of the federal Parliament with regard to the same matter. The PGQ is of opinion that the protection of the environment requires collaboration on the part of all actors involved

Francois Legault, the Premier of Quebec, is another “conservative” that does not actually oppose the climate change agenda. In fact, Legault seems content with Premiers imposing PROVINCIAL Carbon taxes everywhere.

13. Supreme Court: New Brunswick (Intervenor)

PART I – INTRODUCTION
1. The Intervenor, Attorney General of New Brunswick (“New Brunswick”) supports the position of the Attorney General of Alberta (“Alberta”) and adopts the arguments in Alberta’s factum. New Brunswick is also in general agreement with the climate data submitted by the Attorney General of Canada (“Canada”). Consistent with the previous references of the Attorney General of Saskatchewan (“Saskatchewan”) and the Attorney General of Ontario (“Ontario”) in their respective Courts of Appeal, this should not be a platform on which to debate climate change however real the threat may be. Climate data and warnings regarding the consequences of greenhouse gas emissions (“GHG emissions”) are relevant to the extent that such information dispassionately informs the constitutional question. Objectivity is paramount.

2. Much of Canada’s record and arguments support a resolve to deal with a looming existential threat; but it also provokes an emotional response – the natural result of contemplating any dire
circumstance. When imbued with the weight and gravitas it deserves, equally weighty solutions feel appropriate. In turn, it may feel appropriate to a layperson that the regulation of GHG emissions should be controlled by Parliament. Such may seem both harmless and practical. When a central control over the matter is cast in supervisory terms and is fixated on minimum standards, the layperson could believe that a benign form of federalism has been accomplished. But those conclusions would ignore the constitutional division of powers.

New Brunswick avoids the issue of climate change in the Supreme Court filings, but had this to say elsewhere: These hearings should not be used as a forum to question the science. Similar submissions were made in Ontario as well.

14. NGOs Meddling In Court Affairs

This was covered in the last article. There are several non-government organizations who are acting as Intervenors for their own reasons. It’s not just the Provinces and Ottawa involved.

15. SCC Challenges Are Designed To Fail

It’s difficult to see the Supreme Court of Canada ruling against the Carbon tax, though it’s possible in theory. Alberta was successful, although their courts are more tilted that way. There’s no real opposition to the theft being done under the guise of environmentalism.

What is even the point of doing this? Well, it’s not about stopping the public from being fleeced. It’s about APPEARING to stop the public from being fleeced, (or at least trying to). All parties support this hoax. As such, Canadians are being deceived.

One final thought: even if this challenge is ultimately successful, who’s to say that Provinces won’t start implementing their own Carbon taxes? Or who’s to say Erin O’Toole would actually drop the Federal tax if he became Prime Minister?

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Some Standards And Tests Courts Apply In Cases

In case you ever want to take the Government to court, or are just morbidly curious about how things work. Here are some standards that get applied in actual cases.

https://www.canlii.org/

1. Legal Process In Canada

For more information in various processes, check out this series. Some useful tidbits for the average person.

2. Standard For Review (Appeals)

The standard of review for findings of fact is such that they cannot be reversed unless the trial judge has made a “palpable and overriding error”. The same degree of deference must be paid to inferences of fact, since many of the reasons for showing deference to the factual findings of the trial judge apply equally to all factual conclusions. The standard of review for inferences of fact is not to verify that the inference can reasonably be supported by the findings of fact of the trial judge, but whether the trial judge made a palpable and overriding error in coming to a factual conclusion based on accepted facts, a stricter standard. Making a factual conclusion of any kind is inextricably linked with assigning weight to evidence, and thus attracts a deferential standard of review. If there is no palpable and overriding error with respect to the underlying facts that the trial judge relies on to draw the inference, then it is only where the inference‑drawing process itself is palpably in error that an appellate court can interfere with the factual conclusion.

Questions of mixed fact and law involve the application of a legal standard to a set of facts. Where the question of mixed fact and law at issue is a finding of negligence, it should be deferred to by appellate courts, in the absence of a legal or palpable and overriding error. Requiring a standard of “palpable and overriding error” for findings of negligence made by either a trial judge or a jury reinforces the proper relationship between the appellate and trial court levels and accords with the established standard of review applicable to a finding of negligence by a jury. Where the issue on appeal involves the trial judge’s interpretation of the evidence as a whole, it should not be overturned absent palpable and overriding error. A determination of whether or not the standard of care was met by the defendant involves the application of a legal standard to a set of facts, a question of mixed fact and law, and is thus subject to a standard of palpable and overriding error, unless it is clear that the trial judge made some extricable error in principle with respect to the characterization of the standard or its application, in which case the error may amount to an error of law, subject to a standard of correctness.

FACTUAL FINDINGS: Overriding, palpable errors
ERRORS IN LAW: Standard of correctness

PRINCIPLES INVOLVED:
(1) Limiting the Number, Length and Cost of Appeals
(2) Promoting the Autonomy and Integrity of Trial Proceedings
(3) Recognizing the Expertise of the Trial Judge and His or Her Advantageous Position

Housen v. Nikolaisen, 2002 SCC 33 (CanLII), [2002] 2 SCR 235
https://www.canlii.org/en/ca/scc/doc/2002/2002scc33/2002scc33.html</a5

3. Test For Gross Negligence

Per the Chief Justice: Comment as to attempting to define or replace by paraphrases the phrases “gross negligence” or “wilful and wanton misconduct”, and observations as to a trial judge’s duty in assisting a jury in an action based upon said enactment. The said phrases imply conduct in which, if there is not conscious wrong doing, there is a very marked departure from the standards by which responsible and competent people in charge of motor cars habitually govern themselves. Subject to that, it is entirely a question of fact for the jury whether conduct falls within the category of one or other of said phrases.

That case was about a motor vehicle accident, but the same principles should apply elsewhere.

McCulloch v. Murray, 1942 CanLII 44 (SCC), [1942] SCR 141
https://www.canlii.org/en/ca/scc/doc/1942/1942canlii44/1942canlii44.html

4. Gross Negligence Through Willful Blindness

[6] With respect, I think the judge failed to consider the concept of gross negligence that may result from the wrongdoer’s willful blindness. Even a wrongful intent, which often takes the form of knowledge of one or more of the ingredients of the alleged act, may be established through proof of willful blindness. In such cases the wrongdoer, while he may not have actual knowledge of the alleged ingredient, will be deemed to have that knowledge.

[8] In this case there is nothing like that. On the contrary, there are misrepresentations and payment of rebates. Before cashing the refund cheques, the respondents were either made aware of the misrepresentations or had strong suspicions as to the existence of misrepresentations or the legitimacy of the refunds themselves. By cashing the refunds and paying rebates, the respondents acquiesced and participated in the scheme that had been established to defraud the Agency. Their participation, which was free and voluntary, was an essential link in the realization of that scheme and they benefited economically from it. It is simply impossible not to conclude that this was willful blindness and consequently gross negligence.

This involved a rebate scheme that people had to know was fraudulent. Consequently, their willful blindness amouinted to gross negligence, according to the Federal Court of Appeal.

Canada (Attorney General) v. Villeneuve, 2004 FCA 20 (CanLII)
https://www.canlii.org/en/ca/fca/doc/2004/2004fca20/2004fca20.html

5. Test To Obtain Interlocutory Injunction

There are three aspects to the test, all of which must be satisfied before interlocutory (temporary) injunctive relief can issue. An applicant must demonstrate:
(a) First, that there is a serious constitutional question to be tried;
(b) Second, that the applicant will suffer irreparable harm if the injunction is not granted; and
(c) third, that the balance of convenience favours the injunction

[1] Manitoba (Attorney General) v Metropolitan Stores Ltd. 1987 CanLII 79 (SCC), [1987] 1 SCR 110
https://www.canlii.org/en/ca/scc/doc/1987/1987canlii79/1987canlii79.html

[2] RJR-MacDonald Inc. v. Canada (Attorney General) 1994 CanLII 117 (SCC), [1994] 1 SCR 311
https://www.canlii.org/en/ca/scc/doc/1995/1995canlii64/1995canlii64.html

[3] Harper v. Canada (Attorney General) 2000 SCC 57 (CanLII), [2000] 2 SCR 764
https://www.canlii.org/en/ca/scc/doc/2000/2000scc57/2000scc57.html

6. Test For Public Interest Standing

In order for a party to bring a case claiming “public interest standing”, there are a few questions that have to be answered. This is so they limit their time to important matters:
(a) Serious Justiciable Issue
(b) The Nature of the Plaintiff’s Interest
(c) Reasonable and Effective Means of Bringing the Issue Before the Court

Canada (Attorney General) v. Downtown Eastside Sex Workers United Against Violence Society, 2012 SCC 45 (CanLII), [2012] 2 SCR 524
https://www.canlii.org/en/ca/scc/doc/2012/2012scc45/2012scc45.html

(alternatively) …..

(a) whether there is a serious justiciable issue raised by the claim;
(b) whether the plaintiff is directly affected by the proposed action or, if not, has a genuine interest in its outcome; and
(c) whether the action is a reasonable and effective means to bring the claim to court

Canada (Minister of Justice) v. Borowski, 1981 CanLII 34 (SCC), [1981] 2 S.C.R. 575
https://www.canlii.org/en/ca/scc/doc/1981/1981canlii34/1981canlii34.html

7. Test For Striking Out Pleadings

On a motion to strike, a claim will only be struck if it is plain and obvious, assuming the facts pleaded to be true, that the pleading discloses no reasonable cause of action. The approach must be generous, and err on the side of permitting a novel but arguable claim to proceed to trial. However, the judge cannot consider what evidence adduced in the future might or might not show.

A. The Test for Striking Out Claims
.
[17] The parties agree on the test applicable on a motion to strike for not disclosing a reasonable cause of action under r. 19(24)(a) of the B.C. Supreme Court Rules. This Court has reiterated the test on many occasions. A claim will only be struck if it is plain and obvious, assuming the facts pleaded to be true, that the pleading discloses no reasonable cause of action: Odhavji Estate v. Woodhouse, 2003 SCC 69, [2003] 3 S.C.R. 263, at para. 15; Hunt v. Carey Canada Inc., 1990 CanLII 90 (SCC), [1990] 2 S.C.R. 959, at p. 980. Another way of putting the test is that the claim has no reasonable prospect of success. Where a reasonable prospect of success exists, the matter should be allowed to proceed to trial: see, generally, Syl Apps Secure Treatment Centre v. B.D., 2007 SCC 38, [2007] 3 S.C.R. 83; Odhavji Estate; Hunt; Attorney General of Canada v. Inuit Tapirisat of Canada, 1980 CanLII 21 (SCC), [1980] 2 S.C.R. 735.

R. v. Imperial Tobacco Canada Ltd., 2011 SCC 42 (CanLII), [2011] 3 SCR 45
https://www.canlii.org/en/ca/scc/doc/2011/2011scc42/2011scc42.html

8. Self Represented Litigants/Accused People

In 2017, the Supreme Court of Canada entrenched rights and protections of self represented litigants and accused persons into law. In the ruling they endorsed the Statement of Principles on Self-represented Litigants and Accused Persons (2006) (online) established by the Canadian Judicial Council. Now, while it’s nice to have that extra protection, it won’t help a person if they truly have no case.

9. All You Need To Know?

No, of course not. But the following should at least be useful information in determining your options and next move.

https://www.canlii.org/

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Getting Started With Your Own Research, Investigative Journalism

Ever wonder how it is certain exposes come to creation? Are you longing to create something that dives beyond the surface? Well, for Canadians, this list is a place to start. These are some of the main places that this website uses to generate its articles.

For an interesting guide from a decade ago, check this out:
https://bookleteer.com/book.html?id=930&#page/2/mode/1up

1. Previous Solutions Offered

A response that frequently comes up is for people to ask what to do about it. Instead of just constantly pointing out what is wrong, some constructive suggestions should be offered. This section contains a list of proposals that, if implemented, would benefit society. While the details may be difficult to implement, at least they are a starting point.

2. Media Bias, Lies, Omissions And Corruption

Truth is essential in society, but the situation in Canada is worse than people imagine. In Canada (and elsewhere), the mainstream media, periodicals, and fact-checkers are subsidized, though they deny it. Post Media controls most outlets in Canada, and many “independents” have ties to Koch/Atlas. Real investigative journalism is needed, and some pointers are provided.

3. Why People Should Care About This

To anyone looking to get into citizen journalism, or otherwise expose the truth about our world, here are some basic tips on how to do so. This is a how-to article on those potential online sleuths.

Topics such as: the true scale of immigration into Canada; demographic replacement; loss of Christian roots; the loss of culture and heritage in favour of “multiculturalism”; the costs of globalized trade; globohomo; Islam; the people spreading Islam; the international banking cartel (BIS); the scale of debts; pension ponzi schemes; border security; forced multiculturalism; corruption in politics; internationalism; widespread human right abuses; trafficking; and a host of other issues are swept away. They are given little to no attention.

The goals of MSM, generally are:

  • (a) To only tell part of the story
  • (b) To divert your attention from another story
  • (c) Both (a) and (b)

Unfortunately, our media is full of grifters and shills with an agenda. Almost the entire mainstream media is controlled by one outlet: Post Media. Even the so-called “alternative media” can’t be relied on to be truthful. The Post Millennial, True North Canada, Spencer Fernando, and Rebel Media are among the “independents” with an agenda. What Canada needs, (and the world at large) needs, is people willing to take the plunge and research for themselves.

While commentators — online pundits — are a dime a dozen, true researchers are rare. Any Tom, Dick or Harry can give their opinion on someone else’s work. The real challenge is creating the original work. Right, no bias here.

Yes, some of the techniques will seem painfully obvious, but are worth going through. Note: there are no shortcuts in this line of work. It’s just patience, perseverance, and luck. Red pill yourself, and share your findings with the world.

If even one reader of the article decides to pursue this path, then it is all worthwhile.

4. Tip: Save & Archive Evidence

Taking screenshots of the proof you have is always a great idea. As a picture, it speaks for itself, and demonstrates what you want to show. Also, it doubles as a powerful form of evidence, should you ever get challenged on your work.

A secondary option is to archive the entire webpage you are quoting from. One such option is http://archive.is, which is shown above. There are a few reasons. First, you may get questioned about the authenticity of your work, even the screenshots. But as a practical matter, a few years later, the website may not exist, or the URL may have changed. Best to keep a backup handy. Admittedly this can be tedious, but beats having your sources disappear.

Another common archiving site is the Waybackmachine, which can be found at http://web.archive.org/. Either will do the job.

Now, let’s get into some actual techniques.

5. Look Using Simple Search Engines

This is a no-brainer to many. See what others have published on the subject. It may save you from having to reinvent a thousand wheels if you come across an article. Google, Bing, Yahoo, DuckDuckGo, etc… will all suffice. If nothing else, it will be a good place to start, and you may hit gold. Make sure to check the links and references put in whatever you find. (Please give the original author credit for their work).

The other techniques are not universally applicable, but use them according to the particular circumstances of your research. Here they are, in no particular order.

6. Look Up Directors, Executives

Yes, you can look up information on a particular company. There are various ways to do that. A simpler approach may be just to see who RUNS the company, and if they have any interesting connections. In this case, we see that Pierre Beaudoin, the Chairman of Bombardier is also a Director at Power Corporation, owned by the Desmarais Family. One might wonder if this is the reason (or a reason), that we keep using taxpayer money to bail out Bombardier.

7. Look Up Data From Website

Items such as annual financial statements, people joining the company, or major announcements may be posted on the organization website. And this does not only apply to corporations.

For example, McGill University announced a $200M gift from John McCall MacBain. He is a Trudeau Lobbyist, a member of the Trudeau Foundation, and head of the McCall MacBain Foundation.

The McGill website also shows that the Attorney General of Canada, David Lametti, is a member of the Faculty of Law, currently on leave. All of this information was provided by McGill.

One would have to wonder if that $200M donation is the reason Lametti ensured that SNC Lavalin got its deferred prosecution agreement.

8. Corporations Canada Website

If you want to know more about a business or non-profit, Corporations Canada can help with that. You can obtain information on the Directors, by-laws, registered office, or confirm that returns have been filed. Several years worth of data is available for free. You make the application, and within minutes, are emailed a series of attachments to download.

Some information can be obtained for free. Other data will involve paying fees. The choice is up to you.

Note: Obviously this applies to companies registered in Canada. The United States, and many other nations have similar options.

9. Charities And Other Donees

If you are looking into a charity, or a group that falls into some other categories, the Canada Revenue Agency may be of use. Basic information can be obtained, including the Directors, the use of the charity, the revenue, and recent changes. It was a help finding out where True North Center actually originated from.

10. LinkedIn, Other Social Media

Yes, people put stupid stuff online. It doesn’t have to be smoking pot, or topless photos in order to be helpful. For example, should you want to look into someone such as the CEO for an apparently independent media outlet, you can see what other organizations the person is connected to.

Furthermore, even if such accounts are altered or deleted, there is typically a copy or a partial copy somewhere. So don’t despair.

Now, to get into the more legal and/or political matters, the next few tricks will help immensely. While it is directed at Federal matters, the same principles apply Provincially and Municipally.

11. Check Campaign Contributions

While donating (within the limits) to political parties and politicians is allowed, it does create a nice paper trail. As such, you may be able to see who has donated to whom, how much, and how often. Of course, this doesn’t work when donations are given in cash under the table.

It should be pointed out, that some provinces (like Ontario) allow 3rd party donations. Essentially, that is an almost unlimited amount that is funnelled through an intermediary. Worth looking into. You want to know who the politician really serves.

Spoiler: it’s not you.

12. Check Lobbying Commissioner’s Office

Influence peddling can be a full time business for lobbyists. So, let’s see who they have been meeting with. One such case is SNC Lavalin lobbying pretty much everyone for its DPA over the last few years. It can be truly disgusting to see just how deep some of this goes. Naturally, why would companies spend all this money on lobbyists unless they got results?

Go through the site for a while. The amount of lobbying that goes on in government is absolutely sickening. Keeps lobbyists employed though.

(a) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/advSrch
(b) https://www.lobbyistsregistrar.bc.ca/app/secure/orl/lrs/do/guest
(c) https://www.albertalobbyistregistry.ca/
(d) https://www.sasklobbyistregistry.ca/
(e) http://www.lobbyistregistrar.mb.ca/i
(f) http://lobbyist.oico.on.ca/Pages/Public/PublicSearch/Default.aspx

13. Statistics Canada

They say there are lies, damn lies, and statistics. And that is certainly true, although StatsCan can at least give some official numbers for researchers to work with. It has the added benefit of being relatively free of government/political spin.

14. Open Data

Another government source for hard data focused, but still a good source of information. Keep in mind, it’s only as reliable as the people entering the information in.

(a) https://open.canada.ca/en/maps/open-data-canada
(b) https://search.open.canada.ca/en/gc/
(c) https://www.data.gov.bc.ca/

15. Library & Archives Canada

Although there are fees for many documents, the Library & Archives Canada section can provide things that aren’t available in your typical online search.

16. Check Out Old/New Legislation

Want to know what is actually written in a bill? Original filings, as well as amended bills are available to the public. For bills that are passed or defeated, the voting records of all Members of Parliament is recorded as well. To reiterate, though this piece focuses on Federal issues, the same applies Provincially.

Don’t trust the media’s interpretation of what a particular piece of legislation says. Go check it out for yourself. To quote Reagan: trust, but verify.

17. Other Parliamentary Studies/Reports

CLICK ON PARLIAMENTARY BUSINESS.

It isn’t just the bills themselves that go on. The MPs study the issues when they aren’t busy grandstanding. As such, hearings take place, and witnesses are often called to testify. This concerns issues such as letting fake refugees into Canada, and Conservatives endorsing the UN Parliament. Indeed, a lot more detail can be found here than in the hearings and votes. Entire transcripts of hearings can be downloaded or copied.

Also, please be aware, that http://parl.canadiana.ca/ also has more archived documents can be found. More and more is being scanned electronically and posted for all to see.

18. United Nations Search Engine

Want to know what is going on with UN globalism? Just go on the UN website and search. Although it’s fairly easy to navigate, there is the search function is you can’t find something. For example, typing “Islamophobia” nets about 600 results. Although there is a private access for members, most of what you need is open to the public.

19. CanLII, Court Searches

The good news is that major cases are listed. These include the Supreme Court of Canada, and Provincial Appellate Courts. Trial rulings “may” be listed if there is something particularly interesting or helpful, or if they are high profile. It covers criminal, civil, family, human rights tribunals, Law Society rulings, law review articles, and often motions. If one wants to self-represent in court, information available can be useful.

Bad news, is that the amount of information can be overwhelming. So many cases, and so many similar terms means that imprecise searches flood the user with useless hits. Even with the lower rulings usually not posted, the amount of information is mind boggling.

If you actually are looking for a court case, it’s a good tool. Otherwise, it’s not helpful in background information. An alternative (if you know what case you are looking for) is to contact the court and ask for certain documents. Also, some places, like Ontario, allow for searches of the status of cases in progress. You can tell if documents (like a defense) were ever filed.

20. Libraries Or Other Archives

Don’t knock it. If you have a large or older library in your town, or can get to one, you might be surprised what you can dig up. Often, older information is available in printed form that has not yet been digitized. For example, a library in my hometown still has microfilm on census data going back to the 1800s. If only it was readable.

21. Access To Information Requests

In most areas of government bureaucracy, there exists the option to file a formal request for information on certain topics. And it can be done across many departments. What sorts of things can you request?

  • Documents posted, but not obviously found
  • Records in possession, or an admission none exist
  • Meetings, minutes
  • Reports issued
  • Amounts of money spent
  • Other parties consulted

While seemingly a quick and easy way to get answers, let’s mention a few disclaimers. First, the requests often take a long time, sometimes months to get back. Second, the government may withhold all or part claiming “public interest” or “confidentiality”. Third, there are often fees involved. Still, it can be an option to consider.

22. Interview The Subject

This is also known as “being a journalist”. You ask a person questions in the hopes of getting information. Not everyone will say yes, but if you never ask the answer will always be no.

Question: do you let the person know who you really are, and if you are recording? Ideally, you should, but it depends on the circumstances. Having done a few sneaky ones myself, it would be hypocritical to pass judgement.

One piece of advice: it may be better to talk to the person AFTER you have done other forms of searching. This is so that you are more fully aware of your facts prior to meeting.

23. Ancestry Sites

Want to find out who is related to who? Although these databases are far from complete, they can give a good idea about extended familial relations you may not otherwise have known about.

24. What Have I done?

The items listed above have been used as source material for Canuck Law articles. Which specific ones depend on the circumstances. All of these techniques are useful in conducting research for the writing. However, there is no one answer for everything.

25. What May Not Be Needed

Of course, this will depend on the people involved, and what information is being sought. Here are a few techniques I don’t engage in, but that others have.

  • Ambush journalism
  • Stalking, following subjects
  • Trying to get to family members
  • Dumpster diving
  • Trespassing, B&E

It is possible to get real results and real information without crossing ethical and legal lines. Suggestion: try not to cross lines where possible.

Posted on

The Origins Of True North Canada, Which Its “Founder” Hides

(This “charity” was originally called the Independent Immigration Aid Association. The goal was to help settle British immigrants into BC. It was acquired by Malcolm, renamed, and used for tax purposes for her media company.)

(From later in 2020. Interesting that a group claiming to provide independent coverage of the Government is in fact receiving subsidies from the same Government, to keep its operations going)

1. Media Bias, Lies, Omissions And Corruption

(1) https://canucklaw.ca/media-1-unifor-denies-crawling-into-bed-with-government
(2) https://canucklaw.ca/full-scale-of-inadmissibles-getting-residency-permits-what-global-news-leaves-out/
(3) https://canucklaw.ca/media-3-post-media-controls-msm-conservative-alternative-media/
(4) https://canucklaw.ca/media-4-much-conservative-content-dominated-by-koch-atlas/

2. Important Links

(1) https://tnc.news/about-us/
(2) http://archive.is/fOUxQ
(3) information about TNC on CRA website,
(4) http://archive.is/0Yquf
(5) 2015 Registered charity information return
(6) https://www.atlasnetwork.org/news/article/42-free-market-leaders-complete-think-tank-leadership-training
(7) http://archive.is/Y5fGh
(8) https://www.theglobeandmail.com/news/politics/kenneys-office-apologizes-for-new-canadians-stunt-on-sun-news/article543280/
(9) http://archive.is/Mwsba
(10) https://policyoptions.irpp.org/2016/07/06/a-response-to-candice-malcolms-losing-true-north/
(11) http://archive.is/N0j3Q
(12) https://www.cbc.ca/news/politics/fired-kenney-staffer-makes-a-comeback-1.1075263
(13) http://archive.is/rat87
(14) https://www.can1business.com/company/Active/Independent-Immigration-Aid-Association
(15) http://archive.is/3u4kU
(16) https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/424449/index.do
(17) http://archive.is/FYtSb
(18) https://apps.cra-arc.gc.ca/ebci/hacc/srch/pub/dsplyBscSrch

3. Previously Covered By Press Progress

CLICK HERE, for prior coverage by PressProgress.ca.

When researching into True North Center’s tax returns and history, I stumbled across this piece on the subject. Quite thorough, and difficult to add to this, but let’s try anyway.

4. True North Originally Called I.I.A.A.

From Data On CRA Website

True North Centre for Public Policy
Business/Registration number: 132703448 RR 0001
Charity status: Registered
Effective date of status: 1994-06-18
Designation: Charitable organization
Charity type: Relief of Poverty
Category: Organizations Relieving Poverty
Address: 2030 – 10013 RIVER DR
City: RICHMOND
Province, territory, outside of Canada: BC

From “About Us” On Website

True North Centre for Public Policy (True North Centre) is a registered Canadian charity, independent and non-partisan. We conduct policy research on immigration and integration issues and provide timely investigative journalism on issues that affect Canada’s national security.
.
The True North Initiative is a not-for-profit advocacy organization that raises awareness around immigration and integration issues and advances Western democratic values.
.
Together, these organizations form True North Canada.

Interesting. On its own website, True North Canada claims to be about conducting policy research on immigration and integration issues.

However, in tax filings True North Centre for Public Policy (which claims to be a charity) says the organization is about relieving poverty. It also claims to be helping UK immigrants settle into BC.

The reason for this discrepancy is that the Independent Immigration Aid Association (I.I.A.A.) that was founded in 1994 was taken over by Candice Malcolm. It was renamed as TRUE NORTH CENTRE FOR PUBLIC POLICY. An interesting point to raise: why take it over? Why not just start a brand new organization?

It could be to continue the tax benefits that come with being a registered charity, which True North Center still officially is.

5. Registered Charity Information Returns, 2014

Director/trustee and like official # 1
Full name: Daniel J Brown
Term Start date: 2014-01-01
Term End date: 2014-12-31
Position: President
At Arms Length with other Directors? Yes

Director/trustee and like official # 2
Full name: Roger A Dawson
Term Start date: 2014-01-01
Term End date: 2014-12-31
Position: Vice President
At Arms Length with other Directors? No

Director/trustee and like official # 3
Full name: Carole Clark
Term Start date: 2014-01-01
Term End date: 2014-12-31
Position:
At Arms Length with other Directors? No

Director/trustee and like official # 4
Full name: Robert Davies
Term Start date: 2014-01-01
Term End date: 2014-12-31
Position:
At Arms Length with other Directors? Yes

Director/trustee and like official # 5
Full name: Thomas Viccars
Term Start date: 2014-05-01
Term End date: 2014-12-31
Position:
At Arms Length with other Directors? Yes

Director/trustee and like official # 6
Full name: Tom Moses
Term Start date: 2014-05-01
Term End date: 2014-12-31
Position:
At Arms Length with other Directors? Yes

Director/trustee and like official # 7
Full name: Peter Howard
Term Start date: 2014-01-01
Term End date: 2014-12-31
Position:
At Arms Length with other Directors? Yes

6. Registered Charity Information Returns, 2015

Director/trustee and like official # 1
Full name: Daniel J Brown
Term Start date: 2015-01-01
Term End date: 2015-12-31
Position: President
At Arms Length with other Directors? Yes

Director/trustee and like official # 2
Full name: Roger A Dawson
Term Start date: 2015-01-01
Term End date: 2015-12-31
Position: Vice President
At Arms Length with other Directors? No

Director/trustee and like official # 3
Full name: Carole Clark
Term Start date: 2015-01-01
Term End date: 2015-12-31
Position: At Large
At Arms Length with other Directors? No

Director/trustee and like official # 4
Full name: Robert Davies
Term Start date: 2015-01-01
Term End date: 2015-12-31
Position: At Large
At Arms Length with other Directors? Yes

Director/trustee and like official # 5
Full name: Thomas Viccars
Term Start date: 2015-01-01
Term End date: 2015-12-31
Position: At Large
At Arms Length with other Directors? Yes

Director/trustee and like official # 6
Full name: Tom Moses
Term Start date: 2015-01-01
Term End date: 2015-12-31
Position: At Large
At Arms Length with other Directors? Yes

Director/trustee and like official # 7
Full name: Peter Howard
Term Start date: 2015-01-01
Term End date: 2015-12-31
Position: At Large
At Arms Length with other Directors? Yes

7. Registered Charity Information Returns, 2016

Director/trustee and like official # 1
Full name: Daniel J Brown
Term Start date: 2016-01-01
Term End date: 2016-12-31
Position: President
At Arms Length with other Directors? Yes

Director/trustee and like official # 2
Full name: Roger A Dawson
Term Start date: 2016-01-01
Term End date: 2016-12-31
Position: Vice President
At Arms Length with other Directors? No

Director/trustee and like official # 3
Full name: Carole Clark
Term Start date: 2016-01-01
Term End date: 2016-12-31
Position: At Large
At Arms Length with other Directors? No

Director/trustee and like official # 4
Full name: Robert Davies
Term Start date: 2016-01-01
Term End date: 2016-12-31
Position: At Large
At Arms Length with other Directors? Yes

Director/trustee and like official # 5
Full name: Tom Moses
Term Start date: 2016-01-01
Term End date: 2016-12-31
Position: At Large
At Arms Length with other Directors? Yes

Director/trustee and like official # 6
Full name: Patricia Morris
Term Start date: 2016-01-01
Term End date: 2016-12-31
Position: At Large
At Arms Length with other Directors? Yes

8. Registered Charity Information Returns, 2017

Director/trustee and like official # 1
Full name: Kasra Nejatian
Term Start date: 2017-12-07
Term End date:
Position: Director
At Arms Length with other Directors? Yes

Director/trustee and like official # 2
Full name: Erynne Schuster
Term Start date: 2017-02-07
Term End date:
Position: Director
At Arms Length with other Directors? Yes

Director/trustee and like official # 3
Full name: William McBeath
Term Start date: 2017-12-07
Term End date:
Position: Director
At Arms Length with other Directors? Yes

9. Registered Charity Information Returns, 2018

Director/trustee and like official # 1
Full name: Kasra Nejatian
Term Start date: 2017-12-07
Term End date:
Position: Director
At Arms Length with other Directors? Yes

Director/trustee and like official # 2
Full name: Erynne Schuster
Term Start date: 2017-12-07
Term End date:
Position: Director
At Arms Length with other Directors? Yes

Director/trustee and like official # 3
Full name: William McBeath
Term Start date: 2017-12-07
Term End date:
Position: Director
At Arms Length with other Directors? Yes

10. Koch/Atlas Network, Canadian Partners

  • Alberta Institute
  • Canadian Constitution Foundation
  • Canadian Taxpayers Federation
  • Canadians For Democracy And Transparency
  • Fraser Institute
  • Frontier Center For Public Policy
  • Institute For Liberal Studies
  • Justice Center For Constitutional Freedoms
  • MacDonald-Laurier Institute For Public Policy
  • Manning Center
  • Montreal Economic Institute
  • World Taxpayers Federation

These “think tanks” all promote the same things: economic libertarianism; mass economic immigration; liberal or free trade; less government; larger role for private sector. Now, let’s connect some dots.

Spoiler alert: you will notice that none of the connections you are about to be shown actually appear in True North Canada’s public information. Almost like they didn’t want the public to know.

11. Candice Malcolm’s Ties To Koch/Atlas

Candice worked for Koch and the Fraser Institute, before getting into journalism. She now runs True North Initiative, which “identifies” as a non-profit group. Of course, there is also True North Center, which “identifies” as a charity.

This was a November 2014 Atlas gettogether to complete “THINK TANK LEADERSHIP TRAINING”, whatever that means. Canadian Taxpayer’s Federation rep, Candice Malcolm was there.

At this 2014 dinner, Malcolm was a member of the Canadian Taxpayer’s Federation. Yes, one of Atlas’ Canadian partners.

Malcolm leaves out any trace of her Atlas past in the TNC website. Not very candid, is it? Malcolm also omits being a political staffer, for Jason Kenney, who “enriched” the GTA as Immigration Minister, and who wants to enrich Rural Alberta now.

12. Kasra Nejatian’s Ties To Koch/Atlas

Interesting side note: Kasra Nejatian (a.k.a. Kasra Levinson) is Candice Malcolm’s husband. He is a Director at the Canadian Constitution Foundation, which is also part of Atlas Network. He’s part of the CCF, and she was part of Fraser and Koch Institute.

Interesting omission on the TNC site: not only does Candice not mention that Kasra — her husband — is a Director of a Koch group (CCF), she omits that he is a Director at True North Center, the “charity” branch of True North Canada.

There’s no information about this on the website. In fact, one would have to search Revenue Canada’s records in order to find this out. The TNC site doesn’t even say that THERE ARE any Directors.

Worth pointing out, Nejatian was also a staffer, for Jason Kenney, former Federal Immigration Minister, and current Alberta Premier.

13. William McBeath’s Ties To Koch/Atlas

One of the Directors for True North’s “charity” wing is William McBeath, who used to work for the Manning Center. Again, one would have to look at the Revenue Canada website to get this information, as it is not available on TNC.news.

Interestingly, he has also held party roles with both the Alberta and Federal Conservatives. Again, no mention of this on the TNC.news website. You need to check outside information.

14. Andrew Lawton, Ontario PC Candidate

True North admits that one of their fellows, Andrew Lawton, was a candidate in the 2018 Ontario Provincial election for the Progressive Conservative Party. A refreshing bit of candour considering what they leave out.

Nothing inherently wrong with journalists getting into politics, or politicians getting into journalism. However, being so recent, it should be noted the biases and beliefs Lawton will bring to the role.

15. Charity V.S. Non-Profit: CRA

CHARITY
NON-PROFIT ORGANIZATION

Purposes
must be established and operate exclusively for charitable purposes
can operate for social welfare, civic improvement, pleasure, sport, recreation, or any other purpose except profit
cannot operate exclusively for charitable purposes

Registration
must apply to the CRA and be approved for registration as a charity
does not have to go through a registration process for income tax purposes

Charitable registration number
is issued a charitable registration number once approved by the CRA
is not issued a charitable registration number

Tax receipts
can issue official donation receipts for income tax purposes
cannot issue official donation receipts for income tax purposes

Spending requirement (disbursement quota)
must spend a minimum amount on its own charitable activities or as gifts to qualified donees
does not have a spending requirement

Designation
is designated by the CRA as a charitable organization, a public foundation, or a private foundation
does not receive a designation

Returns
must file an annual information return (Form T3010) within six months of its fiscal year-end
may have to file a T2 return (if incorporated) or an information return (Form T1044) or both within six months of its fiscal year-end

Personal benefits to members
cannot use its income to personally benefit its members
cannot use its income to personally benefit its members

Tax exempt status
is exempt from paying income tax
is generally exempt from paying income tax
may have to pay tax on property income or on capital gains

GST/HST
generally must pay GST/HST on purchases
may claim a partial rebate of GST/HST paid on eligible purchases
most supplies made by charities are exempt
calculates net tax using the net tax calculation for charities
must pay GST/HST on purchases
may claim a partial rebate of GST/HST paid on eligible purchases only if it receives significant government funding
few supplies made by NPOs are exempt
calculates net tax the regular way

Given how Revenue Canada distinguishes between charities and non-profits, this may be why Candice Malcolm took over Independent Immigration Aid Association and renamed it to True North Center for Public Policy. They likely wouldn’t be able to obtain charity status on their own. Therefore, taking an existing charity might have been an easier bet.

While True North does do decent work, there is nothing to indicate that it deserves special status, or should be registered as a charity. Otherwise, virtually any media would qualify.

Seriously, what else is the reason for acquiring the Independent Immigration Aid Association? It’s not like Malcolm, Nejatian, or any of the others wish to preserve their legacy. In fact, without looking any deeper into the topic, one would never know about it.

So did Malcolm found True North Initiative? In a deceptively technical sense, yes. The “non-profit” branch of True North Canada came from her. However, the “charity” portion which makes the organization eligible for tax perks was founded in 1994 by a completely different group of people. A lie of omission.

16. What Exactly Is True North Canada?

Press Progress picked up on the inconsistencies in Malcolm’s ever-changing description of True North Canada. So let’s go through some of them.

True North is simultaneously a media company, an advocacy group, a registered charity, and “it’s complicated“.

Could be that Malcolm wants to keep the tax breaks that come with the current structure. That could be why she “founded” True North Initiative (a non-profit), yet the True North Center for Public Policy (a charity) was a rebranded one from 1994.

Now, for a semi-related, but interesting ruling from the Federal Court of Canada.

17. Federal Court Ruling: T-1633-19

Recently, True North and Rebel Media won court cases which overturned (on an interlocutory basis) the decisions of the Elections Commissioner to restrict them from covering Federal debates in the 2019 election. This is an interesting side note to the story.

Worth stating at the front: although there were a few different names to choose from, Malcolm et al chose to use True North Center for Public Policy (the charity), for the court case.

Well, yes. They do engage in advocacy. It says so right on their website. While this may come across as pedantic, they are not wrong about this. However, things are not that simple.

The Test for the Requested Relief
[24] The test the Court must apply when asked to issue a mandatory interlocutory injunction is set out by the Supreme Court of Canada in R v Canadian Broadcasting Corp, 2018 SCC 5 [CBC] at para 18:
In sum, to obtain a mandatory interlocutory injunction, an applicant must meet a modified RJR — MacDonald test, which proceeds as follows:
(1) The applicant must demonstrate a strong prima facie case that it will succeed at trial. This entails showing a strong likelihood on the law and the evidence presented that, at trial, the applicant will be ultimately successful in proving the allegations set out in the originating notice;
(2) The applicant must demonstrate that irreparable harm will result if the relief is not granted; and
(3) The applicant must show that the balance of convenience favours granting the injunction. [emphasis in original]

[25] The Applicants bear the burden of proving to the Court on a balance of probabilities that they have met all three prongs of the tri-partite test. This Court observed in The Regents of University of California v I-Med Pharma Inc, 2016 FC 606 at para 27, aff’d 2017 FCA 8 that “[t]hese factors are interrelated and should not be assessed in isolation (Movel Restaurants Ltd v EAT at Le Marché Inc, [1994] FCJ No 1950 (Fed TD) at para 9, citing Turbo Resources Ltd v Petro Canada Inc (1989), 24 CPR (3d) 1 (FCA)).”

[26] The Order the Applicants seek is both extraordinary and discretionary. Given its discretionary nature, provided the tri-partite test has been met, the “fundamental question is whether the granting of an injunction is just and equitable in all of the circumstances of the case:” Google Inc v Equustek Solutions Inc, 2017 SCC 34 at para 25.

[37] There is also evidence in the record that some of the accredited news organizations have previously endorsed specific candidates and parties in general elections. The Commission responds that in those cases the advocacy was in editorials or produced by columnists. This begs the question as to where one draws the line as to what is and is not advocacy that disqualifies an applicant from accreditation. This goes to the lack of rationality and logic in the no-advocacy requirement.

This is a valid point. Most media outlets engage in some level of advocacy. So to disallow 1 or 2 outlets would be hypocritical.

[38] This also goes to the lack of transparency. Absent any explanation as to the meaning to be given to the term “advocacy” and given that the Commission accredited some organizations that have engaged in advocacy, I am at a loss to understand why the Commission reached the decisions it did with respect to the Applicants.

Agreed. The decisions weren’t really explained beyond the simple “you engage in advocacy”.

[39] Accordingly, I find that the Applicants are likely to succeed on the merits in setting aside the decisions as unreasonable.

The Procedural Fairness of the Process
[40] The application and scope of procedural fairness in administrative decision-making is explained by the Supreme Court of Canada in Baker v Canada (Minister of Citizenship and Immigration), [1999] 2 SCR 817 [Baker].

[41] It was noted at para 20 of Baker that “The fact that a decision is administrative and affects ‘the rights, privileges or interests of an individual’ is sufficient to trigger the application of the duty of fairness.” In the matters before this Court the interests of those whose accreditation applications were rejected are most certainly affected. This was not disputed by the Commission; rather it submitted that the Applicants were afforded a fair process in accordance with Baker.

[42] The Supreme Court of Canada observed at para 22 of Baker that “the duty of fairness is flexible and variable, and depends on an appreciation of the context and the particular statute and the rights affected.” In paras 23 to 27, it listed five factors that a court ought to consider when determining the content of the duty of fairness in a particular case. There is no suggestion that these are the only factors a court may consider:
(i) The nature of the decision being made and the process followed in making it;
(ii) The nature of the statutory scheme and the terms of the statute pursuant to which the decision-maker operates;
(iii) The importance of the decision to those affected;
(iv) The legitimate expectations of those challenging the decision regarding the procedures to be followed or the result to be reached; and
(v) The choices made by the decision-maker regarding the procedure followed.

Conclusion
[68] I have found that these Applicants have satisfied the tripartite test for the granting of the injunction requested. Moreover, and for the reasons above, I find that granting of the requested Order is just and equitable in all of the circumstances.

[69] For these Reasons, following the oral hearing on October 7, 2019, the Court issued the following two Orders:
the Leaders’ Debates Commission / Commission des Debats des Chefs is to grant David Menzies and Keenan [sic] Bexte of Rebel News the media accreditation required to permit them to attend and cover the Federal Leaders’ Debates taking place on Monday, October 7, 2019 in the English language and Thursday, October 10, 2019 in the French language;
the Leaders’ Debates Commission / Commission des Debats des Chefs is to grant Andrew James Lawton of the True North Centre for Public Policy the media accreditation required to permit him to attend and cover the Federal Leaders’ Debates taking place on Monday, October 7, 2019 in the English language and Thursday, October 10, 2019 in the French language;

[70] After issuing these Orders, the Applicants requested and were granted an opportunity to make submissions on costs. The Court was later informed that “the parties have resolved the issue of costs” and thus no further Order is required.

For all the issues a person may have with an outlet, such as Rebel Media or True North Canada, it was nice to see this decision happen. The public is best served with more media available.

Regardless of how sketchy True North is, Elections Canada acted in a very heavy-handed way. The Courtruling was a very welcome victory.

18. Malcolm Misrepresents On Twitter

Malcolm claims to be the FOUNDER of True North Canada in her Twitter biography. While this is true on a technical level, it omits that she and her husband took an existing charity, renamed and repurposed it, and now use it for tax benefits.

It’s not entirely clear what this “non-profit” of True North Initiative adds, other than perhaps some cover. Slapping that on a rebranded charity seems to be what counts as “founding” these days.

While I support the challenge in Federal Court (allowing coverage of the debates), it was in the spirit of open media. It is not in any way to be seen as an endorsement of this “organization”. It is deceitful and underhanded.

Posted on

Bit Of History: Peter MacKay Shanks David Orchard In 2003 PC Leadership Race

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

(Peter MacKay sticking the knife in again?)

1. Important Links


CLICK HERE, for the Peter McKay/David Orchard alliance.
http://archive.is/DJ6M8
CLICK HERE, for CBC article on the broken deal.
http://archive.is/fAEgs
CLICK HERE, for ONSC denying Orchard’s application in full.
http://archive.is/niIKc
CLICK HERE, for an ONSC judge refusing costs for defamation.
http://archive.is/NgxG0
CLICK HERE, for Orchard’s ON Court of Appeal Factum.
http://archive.is/nsX0V/image
CLICK HERE, for ONCA dismissing appeal/cross appeal/motion.
http://archive.is/nBrOy
CLICK HERE, for Stevens v. CPC, Federal Court of Canada.
http://archive.is/iwCyI
CLICK HERE, for Stevens v. CPC, Federal Court of Appeal.
http://archive.is/6S6am

CLICK HERE, for a May 2019 article on replacing Scheer (before election).
http://archive.is/ZPFdF
CLICK HERE, for MacKay commenting on Scheer’s 2019 loss.
http://archive.is/SFvWr

2. Context For This Article


In 2003, the current Conservative Party of Canada did not exist. Instead, there was the Alliance Party, led by Stephen Harper, and the Progressive Conservative Party, undergoing a leadership race.

Two candidates in that race, David Orchard and Peter Mackay, struck a deal: Orchard would support MacKay’s leadership bid in return for a written pledge not to pursue a merger or deal with the Alliance. At that time, a merger had been seriously considered, as a way to form a united alternative to the Liberal Party. But MacKay promised — in writing — not to pursue this if he was supported for leader of the Progressive Conservative leadership.

The deal went ahead as planned (so it seemed), and MacKay became leader of the party. However, it appeared he had no intention of honouring his deal. Almost immediately, he pursued merger talks with the Alliance. The eventually merged, and the new party formed government from 2006 until 2015. MacKay’s deceptive and underhanded tactics had won in the long term.

Fast forward more than a decade from 2003, and another controversy. See section #9 for more on that.

3. Text Of McKay/Orchard Deal

May 31, 2003 Agreement between Peter MacKay and David Orchard
1) No merger, joint candidates w[ith] Alliance. Maintain 301.
2) Review of FTA/NAFTA – blue ribbon commission with D[avid] O[rchard] w[ith] choice of chair w[ith] P[eter] M[acKay’s] agreement. Rest of members to be jointly agreed upon.
3) Clean up of head office including change of national director in consultation (timing w[ithin] reasonable period in future, pre-election) and some of DO’s people working at head office.
4) Commitment to making environmental protection front and center incl[uding] sustainable agriculture, forestry, reducing pollution through rail.
[Signed by Peter MacKay and David Orchard]

Looks pretty straightforward.
No merger. Fix our party instead.

4. ON Court Challenge By Orchard, Others

Administrative law — Voluntary association — Political parties — Political parties registered under Canada Elections Act — Leaders of Progressive Conservative Party of Canada and Canadian Reform Conservative Alliance reaching agreement for merger of political parties — Common law principles regarding unregulated voluntary associations did not apply to political parties registered under Canada Elections Act — Canada Elections Act governing merger of registered political parties — Canada Elections Act, S.C. 2000, c. 9.

On October 15, 2003, Peter MacKay, leader of the Progressive Conservative Party of Canada (“PC Party”), reached an agreement in principle with Steven [page278] Harper, leader of the Canadian Reform Conservative Alliance (“Alliance”), for the establishment of the “Conservative Party of Canada”. PC Party members who were opposed to the agreement applied to the court for several declarations. The premise of these declarations was that the PC Party could not be dissolved or merged with another political party except with the unanimous consent of all its members. The applicants also sought a permanent injunction to prevent anyone from dealing with the party’s assets.

[4] The applicants are PC Party members who are opposed to the merger of the party with the Alliance. They request that the court make a number of declarations, which are all premised on their view that the PC Party cannot be dissolved or merged with another political party, except with the unanimous consent of all of its members. They also seek a permanent injunction to prevent anyone from otherwise dealing with the party’s assets.

[5] I note that several items of the relief set out in the Notice of Application are not pursued before me. Paragraph 1(j) requested a declaration that Mr. MacKay is in breach of his written agreement, dated June 1, 2003, with Mr. Orchard, and sought consequential relief. The request for this relief was withdrawn on the consent of counsel prior to the date set for the hearing. Paragraph 1(e) sought a declaration that the procedures set by the Management Committee of the PC Party for the special meeting scheduled for December 6, 2003 are contrary to the Party’s Constitution and by-laws. Counsel for the applicants indicated they [page280] were not seeking such relief and informed the court the applicants were making no attack on the specific procedures adopted by the Party respecting the special meeting. Counsel also informed the court that the applicants were not requesting the court to deal with the relief sought in para. 1(g) which sought a declaration that the Constitution of the PC Party prohibited its leader from agreeing with the leader of another political party that the PC Party will not nominate candidates in every federal constituency in Canada.

[6] Traditionally, the courts have been reluctant to get involved in supervising the internal affairs of voluntary associations. However, courts do recognize that membership in a voluntary association can give individuals important social rights that are worthy of some protection. Members may request the courts to require that the organization carry out its affairs honestly, in good faith and in accordance with its governing rules.

[7] In this case we are dealing with a political party. The social interest of members in ensuring that the organization’s affairs are conducted in accordance with its governing Constitution is apparent. Citizens exercise important rights in participating in political activity through membership in political parties. However, the court must be careful not to intrude into the political realm. There were submissions and evidence in this case that I considered to be political rhetoric. I have disregarded all such evidence and submissions.

[13] I am satisfied that the situation is sufficiently developed to give rise to an actual dispute between the parties. Both sides have important interests at stake. The leadership of the PC Party has embarked on a path to merge the party. The applicants are opposed to the course of action being taken. Counsel for both sides indicated to the court that it would be of assistance to have a decision before the vote is taken tomorrow. Given their national significance, there is good reason to determine the questions raised by this actual dispute, and I am satisfied that the court’s decision will be of practical effect in resolving the dispute.

[14] I have concluded that this dispute does not fall within the ambit of the internal dispute resolution in Article 13 of the PC Party’s Constitution. I regard the internal process as intended to deal with questions about whether the ongoing affairs of the party are being conducted in compliance with its Constitution and by-laws. This dispute arises in extraordinary circumstances not contemplated by its Constitution, concerns its continued existence, and as will be seen, is in large measure about the proper interpretation and effect of a public statute. In deciding not to defer to the internal arbitration process, I paid no heed to the applicants’ arguments that that process was flawed by relationship and institutional bias. I regard the applicant’s apprehension of bias to be without merit.

[40] In expressing this view, I should not be taken to be declaring the law. In this proceeding I was asked to make declarations that the PC Party cannot merge, transfer its assets, or dissolve without the unanimous consent of every one of its individual members. I have decided, based on the view I take of the law, that it is not appropriate to make such declarations.

[41] A further comment must be made about para. 1(h) of the application. Paragraph 1(h) seeks “a declaration that the resolution [before the December 6 special meeting] does not constitute the resolution required pursuant to s. 400(2)(b) of the Canada Elections Act in order for the PC Party to merge with another registered party under the Act”. Whether the resolution being acted upon tomorrow, or any other resolution, satisfies the requirements of the Act must, in the first instance, be decided by the Chief Electoral Officer. I refuse the relief requested in para. 1(h) on that basis.

[42] The application is dismissed in its entirety. Counsel may make an appointment through my secretary to address costs.
Application dismissed.

In short the Court ruled that the matter should be decided internally. The parties have governing documents (such as constitutions) which set out terms for various issues, including mergers.

One way to look at this would be the “sort out your own business” line of reasoning prevailed. And while members of an organization should expect leaders to behave in a good faith manner, the Court apparently isn’t always the place to demand such a resolution.

While the Judge “could” have intervened, the decision was made not to.

See the next section for the Elections Act (400-403)

5. Canada Elections Act

[34] I set out the provisions in full, underlining the particular phrases that I find helpful in interpreting the provisions. I discuss some of the particular phrases below.

400(1) Two or more registered parties may, at any time other than during the period beginning 30 days before the issue of a writ for an election and ending on polling day, apply to the Chief Electoral Officer to become a single registered party resulting from their merger.
(2) An application to merge two or more registered parties must
(a) be certified by the leaders of the merging parties;
(b) be accompanied by a resolution from each of the merging parties approving the proposed merger; and
(c) contain the information required from a party to be registered, except for the information referred to in paragraph 366(2)(i).

401(1) The Chief Electoral Officer shall amend the registry of parties by replacing the names of the merging parties with the name of the merged party if
(a) the application for the merger was not made in the period referred to in subsection 400(1); and
(b) the Chief Electoral Officer is satisfied that
(i) the merged party is eligible for registration as a political party under this Act, and
(ii) the merging parties have discharged their obligations under this Act, including their obligations to report on their financial transactions and their election expenses and to maintain valid and up-to-date information concerning their registration.
(2) The Chief Electoral Officer shall notify the officers of the merging parties in writing whether the registry of parties is to be amended under subsection (1).
(3) If the Chief Electoral Officer amends the registry of parties, he or she shall cause to be published in the Canada Gazette a notice that the names of the merging parties have been replaced in the registry with the name of the merged party.

402(1) A merger of registered parties takes effect on the day on which the Chief Electoral Officer amends the registry of parties under subsection 401(1).
(2) On the merger of two or more registered parties,
(a) the merged party is the successor of each merging party;
(b) the merged party becomes a registered party;
(c) the assets of each merging party belong to the merged party;
(d) the merged party is responsible for the liabilities of each merging party; [page287]
(e) the merged party is responsible for the obligations of each merging party to report on its financial transactions and election expenses for any period before the merger took effect;
(f) the merged party replaces a merging party in any proceedings, whether civil, penal or administrative, by or against the merging party; and
(g) any decision of a judicial or quasi-judicial nature involving a merging party may be enforced by or against the merged party.

403. Within six months after a merger
(a) each of the merging parties shall provide the Chief Electoral Officer with the documents referred to in subsection 424(1) for
(i) the portion of its current fiscal period that ends on the day before the day on which the merger takes effect, and
(ii) any earlier fiscal period for which those documents have not been provided; and
(b) the merged party shall provide the Chief Electoral Officer with
(i) a statement, prepared in accordance with generally accepted accounting principles, of its assets and liabilities, including any surplus or deficit, at the date of the merger,
(ii) an auditor’s report, submitted to the chief agent of the merged party, as to whether the statement presents fairly and in accordance with generally accepted accounting principles the information on which it was based, and
(iii) a declaration in the prescribed form by the chief agent of the merged party concerning the statement.

These sections of the Canada Elections Act are cited in both the Provincial and Federal Court rulings. As such, we should know what they actually say. In short, they quite clearly allow for party mergers. Broken promises and backroom deals don’t actually appear anywhere in the text.

6. ON Court Of Appeal (Orchard et al.)

[17] As a preliminary matter, the respondent moves to quash the appeal as now being moot. It argues that there is no longer a live issue affecting the rights of the parties because the merger has happened and the Conservative Party has been registered by the Chief Electoral Officer in place of the PC Party and the Alliance Party.

[18] In my view, the motion must be dismissed. There remains the same real legal issue between the parties that existed before December 6, 2003, namely, whether the PC Party can be dissolved or merged with another political party without the unanimous consent of all of its members. The only difference is that if [page134] they are successful, the appellants must now seek a remedial order undoing what has happened rather than an order to prevent it from occurring. The respondent has not shown that this would be impossible. The underlying legal issues still have an effect on the rights of the parties and hence mootness does not apply.

[19] On the appeal itself, the appellants’ fundamental contention is that the common law requires the PC Party to obtain the unanimous consent of all of its members to merge with the Alliance Party. In making this argument they place significant reliance on Astgen.

[45] By the terms of the constitution this decision is final and binding. Having had the opportunity to participate in that process the appellants are bound to accept it as final and binding, subject to judicial review which they have not sought. This is a corollary to the obligation of an organization like a trade union to give notice of an arbitration to a member whose rights will be affected because the decision of the arbitration board is final and binding. See, for example, Hoogendoorn v. Greening Metal Products and Screening Equipment Co. (1967), 1967 CanLII 20 (SCC), [1968] S.C.R. 30, 65 D.L.R. (2d) 641. It is not open to the appellants to seek a determination by the court that the resolution is of no legal effect because the PC Party failed to comply with the procedures required by its constitution. In this circumstance, that is a matter for the Arbitration Committee.

[46] In summary, therefore, the appellants’ arguments on appeal must be rejected.

[47] The respondent has cross-appealed from the decision of the application judge to award no costs because of the public importance of the issues raised. We did not call on the appellants to respond to the cross-appeal. In our view, it was an entirely appropriate exercise of discretion by the judge of first instance.

[48] As to the costs of the proceedings in this court, success has been divided. The appellants failed on the appeal. The respondent failed to establish mootness and failed on the cross-appeal. Together with the public importance of the questions raised, this makes it appropriate to order that there be no costs in this court. [page141]

[49] I would therefore dismiss the motion to quash and the appeal and the cross-appeal. No costs in this court.

Among other things, the Court of Appeals states that relief should have come in the form of an application for judicial review challenging the Elections Commission.

Beyond that, the Appeals Panel sidesteps the underhanded nature of MacKay’s duplicity. Instead, they point out that the Canada Elections Act explicitly allows for mergers except in very limited cases. Unanimity from all participants is not required.

To sum up, there is nothing new to add here, so appeal dismissed.

7. Stevens v. CPC (Federal Court)


This was not the only case that was launched. There was an Application for Judicial Review started in Federal Court to contest the ruling that allowed the merger.

[76] The Applicant argued that the decision of the Ontario Court of Appeal confirmed the opinion of the application judge that section 401(1)(b)(ii) of the Act vests the CEO not the Court, with the mandate of determining if the merger application met the statutory requirements. However, he also submits that the Court of Appeal recognized that section 400(2)(b) of the Act implicitly requires that a merger resolution be passed in accordance with the constitution of a merging party.

[77] Accordingly, the Applicant argues that this holding supports his contention that the CEO erred in law by rejecting the constitution of the PC Party as being relevant to his decision. The Applicant repeats and relies upon his earlier submissions that the constitution of that party specifically prohibits the merger application that was made.

[78] Further, the Applicant says that the judgment of the Ontario Court of Appeal does not address the argument that the common law rights of voluntary associations include the right to be heard when such association is a political party that is at risk of dissolution.

ii) The Respondent

[79] The Respondent disagrees with the Applicant’s interpretation of the Ontario Court of Appeal’s decision and argues that the Court rejected the arguments that the merger of the PC Party and the Alliance Party attracted application of the common law rule that the unanimous consent of each party member was required for the merger of those parties. Further, the Respondent submits that the Ontario Court of Appeal held that the Act did not require unanimous consent for such merger.

[80] In conclusion, the Respondent relies on the decision of the Ontario Court of Appeal as supporting its view that the decision of the CEO to amend the registry of parties on December 7, 2003, was correct.

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[114] A waiting period of sixty days applies when a political party initially applies for registration. In my view, it is reasonable that a waiting period, albeit a reduced one, will also apply when two registered parties apply for merger.

[115] It follows, then, that in my opinion, the CEO erred by amending the registry of parties on the same day that the merger application was made and without waiting for thirty days, to ensure that no election writ would be issued, thereby activating the commencement of the prohibited period.

[116] As noted earlier, the Applicant seeks an order quashing the decision of the CEO and reinstating the PC Party on the registry of parties. Alternatively, the Applicant seeks an order setting aside the decision of December 7, 2003 and referring the matter back to the CEO.

[117] In my opinion, the remedies sought by the Applicant should not be granted. Pursuant to section 18.1(3) of the Federal Courts Act, supra, the Court has discretion in the matter of granting relief upon an application for judicial review. On occasion, relief has been denied and in this regard, I refer to Mobil Oil Canada Ltd. v. Canada-Newfoundland Offshore Petroleum Board, 1994 CanLII 114 (SCC), [1994] 1 S.C.R. 202.

[118] In the present case, I take judicial notice of the fact that no writ for an election was issued in the thirty days following December 7, 2003. In the result, the CEO’s action in immediately amending the registry of parties, although contrary to my interpretation of the Act, had no material effect. In the exercise of my discretion, I decline to grant the relief sought.

[119] The application for judicial review is dismissed. However, the Applicant has raised a valid point and is entitled to his assessed costs under Column III.

                                         <center>  ORDER</center>

IT IS HEREBY ORDERED AND ADJUDGED that:
.
The application for judicial review is dismissed, the Applicant to have his assessed costs under Column III

Much the same as with the Ontario Courts. The Court declines to intervene, and rules the merger allowed under the Canada Elections Act.

8. Stevens v. CPC (Federal Court of Appeal)

[49]I therefore find that the only interpretation that would give a concrete meaning to the texts in question is the one that requires the Chief Electoral Officer to let 30 days expire once the merger application is received before accepting it. If this was not Parliament’s intention, it is free to correct our vision with a more specific legislative text.

Exercising discretionary power for judicial review
[50]Justice Heneghan refused to grant the relief sought despite the fact that the Chief Electoral Officer, by not waiting 30 days before making his decision, violated the Canada Elections Act. Taking judicial notice of the fact that no writ ordering an election was issued in the 30 days following the merger application, she found, at paragraph 118 of her reasons:
In the result, the CEO’s action in immediately amending the registry of parties, although contrary to my interpretation of the Act, had no material effect. In the exercise of my discretion, I decline to grant the relief sought.

[51]Justice Heneghan, in my opinion, judiciously exercised the discretion inherent to the power for judicial review. The existence of this discretion is based both on the text of subsection 18.1(3) [as enacted by S.C. 1990, c. 8, s. 5; 2002, c. 8, s. 27] of the Federal Courts Act [R.S.C., 1985, c. F-7 , s. 1 (as am. by S.C. 2002, c. 8, s. 14)] under which the “Federal Court may” [emphasis added] quash the decision of a federal board, commission or tribunal, and on the principles associated with traditional prerogative writs. In this regard, it would be appropriate to return to this long excerpt from Justice Hugessen’s reasons in Schaaf v. Minister of Employment and Immigration, 1984 CanLII 3622 (FCA), [1984] 2 F.C. 334 (C.A.), at pages 342-344, which summarize the basis of this discretion best, with the adaptations required by the new, more explicit formulation of section 18 [as am. by S.C. 1990, c. 8, s. 4; 2002, c. 8, s. 26]:

In my view, nothing in the words used makes them other than attributive of jurisdiction. They create the power in the Court to set aside decisions which offend in one of the stated ways but do not impose a duty to do so in every case.

More of the same. The Federal Court can use discretion and choose not to intervene.

9. Current CPC Leadership Antics

This is the follow-up to Section #2. Andrew Scheer becomes leader of the Conservative Party of Canada in May 2017, is a surprise (and contested) 13th ballot over Maxime Bernier. However, it soon becomes clear that many people did not want this, and Scheer is undermined within his own party.

Bernier leaves in August 2018 to start his own party, the bizarrely named “People’s Party of Canada”. He claims that the CPC is no longer conservative, and that he will form an alternative. He also starts adopting populist rhetoric, something he previously hadn’t shown. Interestingly, Bernier spends more time attacking Scheer than the Liberal Party, which is currently in government.

Curiously, the People’s Party is missing a lot:
(a) Bernier has never called a leadership campaign
(b) No policies have ever been voted on
(c) There is no party constitution
(d) There are no by-laws, or other governing documents
(e) There is no national council, or senior board
(f) The platform was recycled from Bernier’s 2016/17 leadership run

Critics claim it is a “temporary” party meant to keep the Conservatives from winning, and to get Scheer ejected. Strangely enough, Peter MacKay’s name gets floated as a possible successor should Scheer not become Prime Minister.

Ultimately, Justin Trudeau did win again, but this time a minority. Despite winning the popular vote and increasing the seat total, Scheer was pressured to resign from the CPC leadership.

Could MacKay be at it again? Is this another scheme to undermine the will of conservative party members and select the party’s leader? Was the PPC just a psy-op to get rid of Scheer and install another leader instead?

10. Politics Is Rotten To The Core


This current fiasco has relevance to the 2003 one for a simple reason: some of the same people are involved in both. Now, could Peter MacKay be up to his old tricks of deceit and backstabbing? Choosing who becomes leader?

Actually governing people always seems to take a backseat to the infighting, pettiness, and selfishness of the politicians involved. Public servants appear to be anything but.

Giving your word, even in writing, seems to mean little. Alliances will always give way to self interest.

Posted on

Pensions #1(C): Canada Pension Plan, Where Is The Money Going?

1. More On Pension Plans/Funding

CLICK HERE, for #1: CPPIB invests $2B in Mumbai, India.
CLICK HERE, for #2: CPP underfunded, money leaving Canada.

2. Important Links

CLICK HERE, for CPPIB Investing $2B In Mumbai, India.
CLICK HERE, for earlier piece on Canada Pension Plan.
CLICK HERE, for 2000 audit. $443B shortfall (Page 113)
CLICK HERE, for 2006 audit. $620B shortfall (Page 73). $67.9B added as of 2009.
CLICK HERE, for 2012 audit. $830B shortfall (Page 48)
CLICK HERE, for 2015 audit. $884B shortfall (Page 48)
CLICK HERE, for the 2019 CPPIB Annual Report.”

CLICK HERE, for getting your statement of earnings.
CLICK HERE, for CPP benefits for 2019 year.
CLICK HERE, for a generic investment calculator.

CLICK HERE, for a 2017 UN report on leveraging African pension funds for financing infrastructure development.
CLICK HERE, for 2019 report on development financing.
CLICK HERE, for closing infrastructure funding gap.

3. Obtain Your Statement Of Contributions

Any Service Canada should be able to help you apply for a copy of your statement of contributions. One tip is to do it after a tax assessment to get the most up to date information. You will need your social insurance number.

Also, you can request your statement by mail.
Contributor Client Services
Canada Pension Plan
Service Canada
PO Box 818 Station Main
Winnipeg MB R3C 2N4

Once you have received it, you will get a lot of new information you didn’t have before. Yes, I have mine from 2018, and am ordering a 2019 statement.

4. Information From Statement Of Contributions

A quote from the 2018 statement:

You and your employer each paid 4.95% of your earnings between the minimum of $3,500 and the maximum of $55,900 for 2018. These are called “pensionable earnings. Self employed individuals paid contributions of 9.9% on these amounts.
The maximum retirement pension at age 65 this year is $1,134.17 per month.

A few things to point out here:

You and your employer “both” paid 4.95% of your earnings between the minimum and maximum amounts. So if you made $25,000 then $21,500 of it would be taxable. Both you and your employer would have contributed $1,064.25 towards it. Combined is $2128.50.

Suppose you made over $55,900. Then $52,400 of it would have been taxable, and both you and the employer would have paid $2,593.80 into it. Combined is $5187.60.

Let address the elephant in the room. How much: (a) will CPP actually pay out for you; and (b) what would you make if you invested the CPP contributions yourself?

5. How Much Will CPP Pay Out For You?

Assuming retirement at age 65, and average life expectancy is 82. That gives 17 years, (204 months) of receiving pension contributions.

For the 2019 year, the maximum is listed as $1,154.58, and the average is $679.16. None of this covers Old Age Security (OAS) or Guaranteed Income Supplement (GIS). Those are separate and fall outside of CPP.

The average earner:
($679.16/month)X(17 year)X(12 month/year) = $138,540

The top earner:
($1,154.58/month)X(17 year)X(12 month/year) = $235,534

For simplicity, inflation is ignored, as is indexing of contributions.

6. Invest Your Own CPP Contributions

Yes, contributions and interest rates vary, but for simplicity, let’s keep them consistent.

For the top earner, let’s do this scenario:
(a) Worked for 40 years
(b) Contributed full amounts
(c) Invested at 8% annually.

Yes, the interest is absurd, but CPPIB claims that is what it is getting. In fact, CPPIB states that it gets 6.6-18% interest on its fun each year.

Over $1.3 million. That is what you would have after 40 years, making full contributions, assuming those contributions (both yours and the employer’s) were fully invested. A far cry from the $235,000 that you would make from 17 years of CPP payouts. Over a million more in fact.

Even just a 3% return — which is very doable — would net you $390,000 over those 4 years. Almost double what CPP would be paying out.

For an average earner, let’s try different numbers:
(a) Worked for 30 years
(b) Earned ~$30,000 annually contributed $2,970
(c) Invested at 6% annually.

$235,000 the person would have earned. This is about $100,000 more than simply taking the average payouts from Canada Pension Plan.

Why the different numbers? Perhaps the person took several years off for childcare. Perhaps there were years with low earnings. And 6% is a more realistic return, although good luck getting that from a bank. To repeat, CPPIB claims 6-18% returns (after costs) annually.

To be fair, people who go decades without working are unlikely to ever be able to save and invest the equivalent of what CPP is paying out.

For example, my own statement of contributions estimates if I were magically 65 today. With only a decade of work, I would be getting $317/month. Over the next 17 years that would pay out about $65,000, far more than I would have put in.

But long term and steadily employed workers get screwed.

7. Performance CPPIB Claims In Investments

This was addressed in the previous piece. In the CPPIB Annual Reports, the Board claims to have staggering growth year after year. Of the years listed, the interest ranges from 6% to 18%.

Year Value of Fund Inv Income Rate of Return
2010 $127.6B $22.1B 14.9%
2011 $148.2B $20.6B 11.9%
2012 $161.6B $9.9B 6.6%
2013 $183.3B $16.7B 10.1%
2014 $219.1B $30.1B 16.5%
2015 $264.6B $40.6B 18.3%
2016 $278.9B $9.1 6.8%
2017 $316.7B $33.5B 11.8%
2018 $356.B $36.7B 11.6%
2019 $392B $32B 8.9%

Also, as outlined in the last article, the accounting method used also changes how your pension plan comes across. You can select your data, and paint a rosy picture. Or you can take ALL assets and liabilities into account.

When the Canada Pension Plan was properly audited in 2016, it was found to have $884.2 billion in unfunded liabilities. The 2019 Annual report lists $392 billion as the value of the fund. However, with over a trillion dollars in liabilities, that illusion came crashing down.

$239 billion in growth over the last decade, an 11% annual increase. But in spite of that, CPP is not paying out retirees anywhere near what they have put in.

Why? Where is the money going?

8. CPP Unfunded Liabilities Swept Under Rug

Here are quotes from some of the actuarial reports. Interesting how they go out of their way to gloss over the truth about the CPP. In 2 of the reports, the total unfunded liabilities are reduced to a mere footnote.

Page 113 in 2000 audit. Actuarial liability 486,682M Actuarial value of assets 43,715 or 9%, Unfunded liability 442,967M or 91% of total. That’s right, ten times as many liabilities as assets.


Page 73 in 2006 audit report. $619.9B in unfunded liabilities. Updated in 2009 to reflect another $67.9B on the interest (just the interest) of those unfunded liabilities.


Footnote from 2012 audit. When the “closed-group approach” is used to audit the program, the assets are $175.1 billion, actuarial liability of the Plan is equal to $1,004.9 billion, and the assets shortfall is equal to $829.8 billion

Footnote from 2015 audit. Using “closed-group approach” to audit, the actuarial liability of the Plan is equal to $1,169.5 billion, the assets are $285.4 billion, and the assets shortfall is equal to $884.2 billion

Despite the glowing reviews our politicians give, the Canada Pension Plan is not doing well. In fact, it has close to a trillion dollars in unfunded liabilities. This is not sustainable in the slightest.

Younger workers will be paying into a system they have no realistic hope of ever collecting on. Not a good social safety net.

By now you are probably wondering these things:
The CPP, for most people, will never actually pay out anywhere near the amount that the person contributes over their lifetime. This is on top of the nearly 1 trillion shortfall that the plan has. So if the plan won’t pay out fully, and yet is so broke, where is the money going?

Who is running the show?

9. Open-Group v.s. Closed-Group Valuation

The difference is this:
Open-group valuation principles mean that a pension is solvent and in good shape as long as it’s current assets and payouts are able to keep up with the demands of retirees at the moment. It doesn’t require that the pension plan be fully funded. The reasoning is there is a “social contract”, and that the Government can raise more money (tax more) to cover the shortfalls.

Closed-group valuation principles require that “all” liabilities be taken into account. The is a far more accurate method, as payments from all workers are considered, if those who won’t retire for decades. The rationale is that private companies could go bankrupt at any time, and need to take the actual amounts into account.

10. CPPIB Board Members Well Connected

Heather Munroe-Blum

  • Principal and Vice Chancellor (President), McGill University
  • Current Director of the Royal Bank of Canada
  • Hydro One (Ontario)
  • Trilateral Commission

Ashleigh Everett

  • Former Director of The Bank of Nova Scotia
  • Premier’s Enterprise Team for the Province of Manitoba

William ‘Mark’ Evans

  • Former member of the Management Committee at Goldman Sachs
  • Co-founded TrustBridge Partners in China (2006)
  • Kindred Capital in Europe (2016)

Mary Phibbs

  • Standard Chartered Bank plc
  • ANZ Banking Group
  • National Australia Bank
  • Commonwealth Bank of Australia
  • Allied Irish Banks plc
  • Morgan Stanley Bank International Ltd
  • The Charity Bank Ltd

Tahira Hassan
Kathleen Taylor

  • Chair of the Board of the Royal Bank of Canada
  • Director of Air Canada since May 2016
  • Chair since April 2019 of Altas Partners

Karen Sheriff

  • United Airlines
  • Director of WestJet Airlines

Jo Mark Zurel

Not proof of any wrongdoing, but the board is certainly connected to other institutions.

11. CPPIB Holdings (Foreign & Domestic)

Here are CPPIB’s Canadian holdings.
Here are CPPIB’s foreign holdings.

$44M in from Power Corporation (Desmarais)
$17M in Hydro One Ltd (Heather Munroe-Blum is former board member)
$555M in RBC (Heather Munroe-Blum is board member)
$292M in Scotia Bank (Sylvia Chrominska is former chair)

In fairness, there are hundreds of companies CPPIB invests in. But always keeping an eye out for potential conflicts of interest.

But having all of these assets (both within Canada and abroad), doesn’t really explain the trillion dollar shortfall. There has to be something else that the CPPIB is wasting Canadian pensioners’ retirement savings on.

12. Pensions Sent For UN Development Projects?

Yes, this sounds absurd, but consider this report from the UN about using pensions to leverage development projects. True, this report refers to African pension funds. But it is entirely possible that Canada could get involved (or already be involved) in some similar scheme.

III. PENSION FUNDS DIRECT INVESTMENT IN INFRASTRUCTURE
International experience At 36.6 percent of GDP, assets of the pension funds in OECD countries are relatively large. As of end-2013, pension-fund assets were even in excess of 100 percent in countries such as the Netherlands, Iceland, Switzerland, Australia, and the United Kingdom (Figure 1). In absolute terms, pension funds in OECD countries held $10.4 trillion of assets.25 While large pension funds (LPFs) held about $3.9 trillion of assets, assets in public and private sector and public pension reserves (PPRFs) stood at $6.5 trillion.

Individual pension funds can be relatively large in some countries such as the Netherlands (ABP at $445.3 billion and PFZW at $189.0 billion) and the U.S. (CalPERS at $238.5 billion, CalSTRS at $166.3 billion, and the New York City Combined Retirement System at $150.9 billion). Similarly, PPRFs are relatively large in the U.S. (United States Social Security Trust Fund at $2.8 trillion) and Japan (Government Pension Investment Fund at $1.2 trillion). Among emerging markets, South Africa (Government Employees Pension Fund (GEPF) at $133.4 billion) and Brazil (Previ at $72 billion) have the largest funds in Africa and Latin America, respectively.

Pension funds can dedicate a share of their assets specifically to infrastructure. Such direct investment in infrastructure is implemented through equity investment in unlisted infrastructure projects (through direct investment in the project or through a private equity fund). Such investment can also take the form of debt investment in project and infrastructure bonds or asset-backed security. In contrast, pension funds can allocate a share of their funds indirectly to infrastructure through investment in market-traded equity and bonds. Listed equity investment can take the form of shares issued by corporations and infrastructure project funds while debt investment is often in the form of corporate market-traded bonds.

As is plain from the text, (Page 10), the UN views pensions as a potential investment vehicle for their agendas. And is clear from the pages in the reports, the UN has been sizing up pension funds from all over the world.

This is more than just an academic exercise

IV. OBSTACLES TO PENSION FUNDS INVESTMENT IN INFRASTRUCTURE
The extent to which pension funds can invest in infrastructure depends on the availability of assets in the pension system. Asset availability, in turn, is driven by a number of factors including the pension system’s environment, design, and performance. Even in a well-performing pension system with ample assets available for investments, the governance, regulation, and supervision of pension funds can restrict those funds’ ability to actually invest in infrastructure. If such constraints are lifted, then pension funds need to consider the risks of infrastructure projects and demand a fair, transparent, clear, and predictable policy framework to invest in infrastructure assets. Once this hurdle is overcome, pension funds will need adequate financial and capital market instruments to implement their investment decisions.

Simple enough (page 13). Lift the regulations, and the pension money will be free to flow to UN development projects. And after all, who knows better about spending other people’s money?

The endless foreign aid gestures that our government engages in: is that really our pension money being sent abroad?

We can see from Table 2 (Page 16) that the UN has been sizing up:

  1. Canada Pension Plan ($173B in assets)
  2. Ontario Municipal Employees ($62B in assets)
  3. Ontario Teachers’ Pension Plan ($128B in assets)
  4. Quebec Pension Plan ($39B in assets)

The recent OECD policy guidance for investment in clean energy, which is based on the PFI illustrates how policymakers can identify ways to mobilize private investment in infrastructure (OECD, 2015c). The policy guidance focuses on electricity generation from renewable energy sources and improved energy efficiency in the electricity sector, and provides a list of issues and questions on five areas of the PFI (investment policy, investment promotion and facilitation, competition policy, financial market policy, and public governance).

(Page 31) Clearly the UN is pushing its enviro agenda and suggesting that public pensions be used to finance at least part of it.

13. So Why Is CPP So Underfunded?

A number of factors most likely.

(A) Most pension plans are ponzi-style. In order to stay funded, it requires an ever growing number of contributors in order to pay off older contributors. Rather than having members who can sustain themselves, this is dependent on infinite growth.

(B) Although a person contributing to a pension in their career would “theoretically” be self-sufficient, it is clear the interest and gains are not what CPPIB pretends. If the fund was growing at 10%+ year over year, it would be different. We are not getting the full story.

(C) Public sector pensions are not sustainable either. So, very likely that some CPP money is being diverted to help cover the shortfalls.

(D) Due to political pressure, the powers that be find it more convenient to downplay the serious shortfalls rather than meaningfully address it. No political will to ask the hard questions.

(E) There has to be money going to outside projects, such as the UN plot to use pensions to fund their development agenda. The UN is a money pit, and the waste is probably enormous.

To repeat from the last post:
We are screwed.