Category: Property Rights

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Senate Bill S-275: Adding “Sustainable And Equitable Prosperity” To Bank Of Canada Act

Have you heard of Senate Bill S-275? It is called the “Act to amend the Bank of Canada Act (mandate, monetary policy governance and accountability)”. It was introduced back in September 2023, and is currently at Second Reading.

It was brought in by Quebec Senator Diane Bellemare, who was appointed by Harper back in 2012. Keep in mind that she was appointed by a “conservative” Prime Minister. Now, what is this all about?

From the preamble of Bill S-275:

Whereas monetary policy has measurable redistributive effects on Canadians’ incomes;
.
Whereas underlying economic trends over the coming decades will be shaped by demographic shifts, the climate crisis, technological change and global political uncertainty and are conducive to generating supply shocks to prices—shocks that are minimally affected in the short term by traditional monetary policy;
.
Whereas a gap currently exists between the Bank of Canada Act and the Bank’s practices respecting monetary policy;

There will now be a section added to the Bank of Canada Act, and it reads as follows:

Bank mandate
4.‍1 The mandate of the Bank is to ensure the financial stability of Canada and of Canadian financial institutions and to promote sustainable and equitable prosperity and the well-being of all Canadians.

What exactly is “sustainable and equitable prosperity”? It’s not defined, so we’ll have to guess with this. “Sustainable” is probably being used in reference to playing along with the climate change scam. And “equitable prosperity” sounds like a fancy word for massive wealth redistribution.

One can certainly debate the value of the Bank of Canada, or the Bank for International Settlements. But why is crypto-Communist language being put into this Act?

There will also be a Permanent Committee added to the Bank of Canada. It will involve 9 people, 6 of them to be appointed in a vaguely described process.

  • the Governor of the Bank of Canada
  • the Deputy Governor
  • a Deputy Governor responsible for economic analysis
  • 6 external members appointed under this section

Some of the duties this Permanent Committee will have include:

(a) participate in discussions about setting the policy rate;
(b) set the policy rate by vote;
(c) adopt the annual cost-benefit analysis framework that supports policy rate decision-making;
(d) supervise the assessment of the effectiveness of monetary policy — that is to say, whether the targets are met, what economic effects monetary policy has on prices, employment, growth, investment and productivity, and what financial and redistributive effects it has on households and businesses;
(e) ensure that the use of non-traditional tools is consistent with the Bank’s mandate and the objectives of monetary policy; and
(f) represent the Bank in negotiating and drafting the agreement with the Government of Canada provided by section 14.‍4 and include monetary policy targets in the agreement.

To summarize: there will be a group of 9 people, 6 of whom selected in a yet to be defined process, determining major financial and economic decisions for the Bank of Canada. It’s to act in a manner consistent with its mandate. Keep in mind that the new mandate is:

to ensure the financial stability of Canada and of Canadian financial institutions and to promote sustainable and equitable prosperity and the well-being of all Canadians.

At the risk of being alarmist, this new mandate is a real concern. Given the proliferation of Carbon taxes, and various iterations of UBI, or universal basic income, where exactly are things going? The language is also vague enough that it’s hard to pin down specific details.

Bellemare spoke about the legislation on September 26th, 2023. However, it didn’t really add any specifics about what was going to happen. Nor did the questions she was asked.

Add this to the list of things to keep an eye on.

(1) https://www.parl.ca/legisinfo/en/bill/44-1/
(2) https://www.parl.ca/legisinfo/en/bill/44-1/s-275
(3) https://www.parl.ca/DocumentViewer/en/44-1/bill/S-275/first-reading
(4) https://sencanada.ca/en/senators/bellemare-diane/
(5) https://sencanada.ca/en/content/sen/chamber/441/debates/142db_2023-09-26-e#41
(6) https://laws-lois.justice.gc.ca/eng/acts/b-2/

Private Member Bills In Current Session:
(1) Bill C-206: Decriminalizing Self Maiming To Avoid Military Service
(2) Bill C-207: Creating The “Right” To Affordable Housing
(3) Bill C-219: Creating Environmental Bill Of Rights
(4) Bill C-226: Creating A Strategy For Environmental Racism/Justice
(5) Bill C-229: Banning Symbols Of Hate, Without Defining Them
(6) Bill C-235: Building Of A Green Economy In The Prairies
(7) Bill C-245: Entrenching Climate Change Into Canada Infrastructure Bank
(8) Bill C-250: Imposing Prison Time For Holocaust Denial
(9) Bill C-261: Red Flag Laws For “Hate Speech”
(10) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(11) Bill C-312: Development Of National Renewable Energy Strategy
(12) Bill C-315: Amending CPPIB Act Over “Human, Labour, Environmental Rights”
(13) Bill C-367: Removing Religious Exemptions Protecting Against Antisemitism
(14) Bill C-373: Removing Religious Exemptions Protecting Against Antisemitism 2.0
(15) Bill S-215: Protecting Financial Stability Of Post-Secondary Institutions
(16) Bill S-243: Climate Related Finance Act, Banking Acts
(17) Bill S-248: Removing Final Consent For Euthanasia
(18) Bill S-257: Protecting Political Belief Or Activity As Human Rights

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2 Sides Of The Same Coin: Sendai Framework And International Health Regulations

This topic isn’t revolutionary. However, it’s interesting how different pieces of legislation (supposedly brought for completely different areas of life) can serve much the same purpose. Laws that seemingly have no connection to each other can end up having very similar results.

Let’s look at a few of them.

For emergency and disaster management:
-U.N. Sustainable Development Agenda (Agenda 21) signed in 1992
–Yokohama Strategy for a Safer World signed in 1994
–Hyogo Framework for Action signed, goes from 2005 to 2015
-U.N. Sustainable Development Agenda (Agenda 2030) signed in 2015
–Sendai Framework signed, goes from 2015 to 2030.

For public health management:
–W.H.O. Constitution signed in 1946
-W.H.O. International Sanitary Regulations signed in 1951
-W.H.O. International Health Regulations (First Edition) signed in 1969
-W.H.O. International Health Regulations (Second Edition) signed in 1995
–W.H.O. International Health Regulations (Third Edition) signed in 2005

Now, what can these things have in common? Quite simply, they are pretexts for removing rights and property from people, under the cloak of being an emergency. True, the nature of it will vary, but the results are the same.

1. Parallels Between Sendai Framework And WHO-IHR

While not identical, there are many connections and similarities between enacting emergency management laws, and the public health laws. Using B.C. as an example:

(a) Bill 31 was derived from the Sendai Framework, which itself is part of the United Nations Sustainable Development Agenda. There are many aspects to this ideology

(b) The Provincial Public Health Acts are the result of the 2005 Quarantine Act, which itself is derived from the 3rd Edition of the WHO’s International Health Regulations. Also, the WHO’s Constitution is well worth a read, as it dates back to the 1940s.

While laws are being enacted that greatly impact the lives of Canadians, the reality is that these — and many laws — are derived from international agreements that the public has no say in.

(a) Bill 31 is framed as “disaster reduction measures”, which presumably means natural disasters. As for speculation about “climate lockdowns”, this type of legislation is laying the ground work.

(b) Provincial Health Acts are framed as “preventing communicable diseases”, and we saw plenty of that in the last few years.

And reading through both, it’s clear that both are intended — among other things — to strip away large parts of individual rights, including property rights. These things are presented as necessary for the greater good.

Additionally, both sets of laws allows near dictatorial powers when it comes to issuing orders. A Cabinet Minister could do it for the Emergency & Disaster Management Act. A Minister, or Public Health Officer, can give orders concerning regulations within the Public Health Act

2. B.C. Bill 31, Emergency & Disaster Management Act

This is still going through the Legislature, but parts of it are certainly worth looking at. They’re ripe for abuse in the wrong hands.

Essential matters
75 (1) The minister may, by order, do one or more of the following:
(a) identify supplies, equipment or other items, services, property or facilities, or a class of any of these, as essential;
(b) for things identified under paragraph (a) as essential,
(i) establish or restrain increases in prices or rents for them,
(ii) ration or otherwise provide for their distribution or use,
(iii) provide for their restoration, and
(iv) prohibit or limit seizures of them or evictions from them;
(c) authorize a person to provide a service or give assistance of a type that the person is qualified to provide or give;
(d) require a person to provide a service or give assistance of a type that the person is qualified to provide or give;
(e) provide for, maintain and coordinate the provision and maintenance of necessities.
(2) Subsection (1) (b) (i) and (iv) applies despite any enactment governing tenancies or the recovery of property.
(3) Subsection (1) (c) and (d) applies despite any contract, including a collective agreement.

Land and other property
76 (1) The minister may, by order, do one or more of the following:
(a) appropriate, use or control the use of any personal property;
(b) use or control the use of any land;
(c) authorize the entry without warrant into any structure or onto any land by any person for the purpose of taking emergency measures;
(d) prohibit the entry into any structure or onto any land by any person;
(e) authorize or require the alteration, removal or demolition of any trees, crops, structures or landscapes;
(f) authorize or require the construction, alteration, removal or demolition of works;
(g) require the owner of a structure to
(i) have any damage to the structure assessed, and
(ii) give the results of the assessment to the minister or a person in a class of persons specified by the minister.
(2) The power under subsection (1) (b) to use or control the use of land does not apply to specified land.

General restrictions
78 (1) The minister may, by order, control or prohibit one or more of the following:
(a) travel to or from any area;
(b) the carrying on of a business or a type of business;
(c) an event or a type of event.
(2) The minister may, by order, do one or more of the following:
(a) require a person to stop doing an activity, including an activity that a person is licensed, permitted or otherwise authorized to do under an enactment;
(b) put limits or conditions on doing an activity, including limits or conditions that have the effect of modifying a licence, permit or other authorization issued under an enactment.

Clearly, the Bill is much longer than this. But what do these sections include?

  • Establish price controls of “essential goods”
  • Establish rationing of “essential goods”
  • Require (force) people to provide certain services
  • Appropriate or control someone’s private land
  • Allow warrantless searches
  • Prohibit people from entering their property
  • Prevent travel
  • Prohibit certain types of businesses
  • Prohibit or restrict activities

Sound familiar? It should. These things were implemented throughout British Columbia through 2020 to 2022, but under the pretense of “disease prevention”. All that’s missing are the injection passports and the mask mandates.

3. B.C. Public Health Act (2009), Derivative Of WHO-IHR

People will no doubt remember the years of endless (and seemingly arbitrary) dictates from BCPHO Bonnie Henry, and Health Minister Adrian Dix. But what allowed them to do this?

General powers respecting health hazards and contraventions
31 (1)If the circumstances described in section 30 [when orders respecting health hazards and contraventions may be made] apply, a health officer may order a person to do anything that the health officer reasonably believes is necessary for any of the following purposes:
(a) to determine whether a health hazard exists;
(b) to prevent or stop a health hazard, or mitigate the harm or prevent further harm from a health hazard;
(c) to bring the person into compliance with the Act or a regulation made under it;
(d) to bring the person into compliance with a term or condition of a licence or permit held by that person under this Act.
(2) A health officer may issue an order under subsection (1) to any of the following persons:
(a) a person whose action or omission
(i) is causing or has caused a health hazard, or
(ii) is not in compliance with the Act or a regulation made under it, or a term or condition of the person’s licence or permit;
(b) a person who has custody or control of a thing, or control of a condition, that
(i) is a health hazard or is causing or has caused a health hazard, or
(ii) is not in compliance with the Act or a regulation made under it, or a term or condition of the person’s licence or permit;
(c) the owner or occupier of a place where
(i) a health hazard is located, or
(ii) an activity is occurring that is not in compliance with the Act or a regulation made under it, or a term or condition of the licence or permit of the person doing the activity.

Specific powers respecting health hazards and contraventions
32(1) An order may be made under this section only
(a) if the circumstances described in section 30 [when orders respecting health hazards and contraventions may be made] apply, and
(b) for the purposes set out in section 31 (1) [general powers respecting health hazards and contraventions].

32(2) Without limiting section 31, a health officer may order a person to do one or more of the following:
(a) have a thing examined, disinfected, decontaminated, altered or destroyed, including
(i) by a specified person, or under the supervision or instructions of a specified person,
(ii) moving the thing to a specified place, and
(iii) taking samples of the thing, or permitting samples of the thing to be taken;
(b) in respect of a place,
(i) leave the place,
(ii) not enter the place,
(iii) do specific work, including removing or altering things found in the place, and altering or locking the place to restrict or prevent entry to the place,
(iv) neither deal with a thing in or on the place nor dispose of a thing from the place, or deal with or dispose of the thing only in accordance with a specified procedure, and
(v) if the person has control of the place, assist in evacuating the place or examining persons found in the place, or taking preventive measures in respect of the place or persons found in the place;
(c) stop operating, or not operate, a thing;
(d) keep a thing in a specified place or in accordance with a specified procedure;
(e) prevent persons from accessing a thing;
(f) not dispose of, alter or destroy a thing, or dispose of, alter or destroy a thing only in accordance with a specified procedure;
(g) provide to the health officer or a specified person information, records, samples or other matters relevant to a thing’s possible infection with an infectious agent or contamination with a hazardous agent, including information respecting persons who may have been exposed to an infectious agent or hazardous agent by the thing;
(h) wear a type of clothing or personal protective equipment, or change, remove or alter clothing or personal protective equipment, to protect the health and safety of persons;
(i) use a type of equipment or implement a process, or remove equipment or alter equipment or processes, to protect the health and safety of persons;
(j) provide evidence of complying with the order, including
(i) getting a certificate of compliance from a medical practitioner, nurse practitioner or specified person, and
(ii) providing to a health officer any relevant record;
(k) take a prescribed action.
(3) If a health officer orders a thing to be destroyed, the health officer must give the person having custody or control of the thing reasonable time to request reconsideration and review of the order under sections 43 and 44 unless
(a) the person consents in writing to the destruction of the thing, or
(b) Part 5 [Emergency Powers] applies.

While not identical, the B.C. Public Health Act provides many of the same restrictions that Bill 31 would (if enacted). Primarily, property and personal rights can be suspended in an open ended manner, under the excuse of an emergency.

It’s also worth mentioning the the “Public Officials” involved in issuing orders are exempt from legal liability, and cannot be sued. It’s written right into the legislation.

SENDAI FRAMEWORK, B.C. BILL 31
(1) https://www.leg.bc.ca/parliamentary-business/legislation-debates-proceedings/42nd-parliament/4th-session/bills/bills-with-hansard-debate
(2) https://www.leg.bc.ca/documents-data/debate-transcripts/42nd-parliament/4th-session/20231003am-Hansard-n331#bill31-1R
(3) https://www.preventionweb.net/publication/sendai-framework-disaster-risk-reduction-2015-2030
(4) https://www.preventionweb.net/files/43291_sendaiframeworkfordrren.pdf
(5) https://www.preventionweb.net/files/44983_sendaiframeworkchart.pdf
(6) Sendai Framework 2015 Full Text English
(7) https://en.wikipedia.org/wiki/World_Conference_on_Disaster_Risk_Reduction
(8) https://www.unisdr.org/files/8241_doc6841contenido1.pdf
(9) https://www.unisdr.org/2005/wcdr/intergover/official-doc/L-docs/Hyogo-framework-for-action-english.pdf

WHO TREATIES, INTERNATIONAL HEALTH REGULATIONS
(1) https://canucklaw.ca/wp-content/uploads/WHO-Constitution-Full-Document.pdf
(2) https://www.who.int/about/governance/constitution
(3) https://apps.who.int/gb/bd/
(4) https://apps.who.int/gb/bd/pdf_files/BD_49th-en.pdf#page=6
(5) https://www.treaty-accord.gc.ca/
(6) https://www.treaty-accord.gc.ca/index.aspx
(7) https://www.treaty-accord.gc.ca/details.aspx?lang=eng&id=103984&t=637793587893732877
(8) https://www.treaty-accord.gc.ca/details.aspx?lang=eng&id=103986&t=637862410289812632
(9) https://www.treaty-accord.gc.ca/details.aspx?lang=eng&id=103990&t=637793587893576566
(10) https://www.treaty-accord.gc.ca/details.aspx?lang=eng&id=103994&t=637862410289656362
(11) https://www.treaty-accord.gc.ca/details.aspx?lang=eng&id=103997&t=637793622744842730
(12) https://www.treaty-accord.gc.ca/details.aspx?lang=eng&id=105025&t=637793622744842730
(13) https://canucklaw.ca/provincial-health-acts-are-really-just-who-ihr-domestically-implemented/
(14) https://canucklaw.ca/the-other-provincial-health-acts-written-by-who-ihr/
(15) WHO International Health Regulations, 3rd Edition 2005

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U.N. Sendai Framework Introduced Domestically Via B.C. Bill 31 (Emergency & Disaster Management Act)

A few weeks ago, British Columbia Bill 31, the Emergency and Disaster Management Act, made ripples because of the embedded language which seemed to be a threat to property rights. Under the pretense of emergencies, rights could be suspended in a manner that heavily paralleled the Public Health Act.

However, it’s noteworthy that the B.C. Government isn’t actually responsible for this legislation. It’s domestic implementation of the United Nations Sendai Framework, signed in Japan in 2015.

Introduction and
First Reading of Bills
.
BILL 31 — EMERGENCY AND DISASTER MANAGEMENT ACT
.
Hon. B. Ma presented a message from Her Honour the Lieutenant-Governor: a bill intituled Emergency and Disaster Management Act.
.
Hon. B. Ma: I move that Bill 31 be introduced and read a first time now.
.
Mr. Speaker, I’m pleased to introduce the Emergency and Disaster Management Act. This bill delivers on government’s pledge to introduce modernized emergency management legislation that aligns with the United Nations Sendai framework for disaster risk reduction, the international best practices for how we make our communities safer and more resilient.
.
This legislation formally recognizes the rights of First Nations as decision-makers in emergency management, which is an important step in aligning B.C.’s approach with the declaration on the rights of Indigenous peoples.
.
The Emergency and Disaster Management Act moves towards a holistic four-phase approach of mitigation, preparation, response and recovery. It embraces disaster risk reduction and will require that climate risk be assessed so that entities can better mitigate the impacts of climate-related emergencies before they happen.
.
This bill updates the concept of what constitutes an emergency to reflect modern realities and risks and provides improved tools for response and recovery. I look forward to debate on this bill and, ultimately, to the improvements it will bring for the safety of people across British Columbia.
.
Mr. Speaker: Members, the question is the first reading of the bill.
.
Motion approved.

It’s also explicitly stated that it will be used to “mitigate the risks” of climate change, but without specifying what those risks are.

Bill 31 is quite long, but here are a few notable parts. Section 76 allows the Minister to suspend property rights under the guise of mitigating an emergency. It also allows for warrantless entry under that same pretense.

Furthermore, the Minister is able to order that property be destroyed …. including crops. By this logic, food supply would not be secure either.

Land and other property
76 (1) The minister may, by order, do one or more of the following:
(a) appropriate, use or control the use of any personal property;
(b) use or control the use of any land;
(c) authorize the entry without warrant into any structure or onto any land by any person for the purpose of taking emergency measures;
(d) prohibit the entry into any structure or onto any land by any person;
(e) authorize or require the alteration, removal or demolition of any trees, crops, structures or landscapes;
(f) authorize or require the construction, alteration, removal or demolition of works;
(g) require the owner of a structure to
(i) have any damage to the structure assessed, and
(ii) give the results of the assessment to the minister or a person in a class of persons specified by the minister.
(2) The power under subsection (1) (b) to use or control the use of land does not apply to specified land.

Section 78 would give the Government the power to restrict travel and movement, shut down businesses, and various events. This greatly parallels what happened from 2020 to 2022. The difference here is that the excuse isn’t a disease.

General restrictions
78 (1) The minister may, by order, control or prohibit one or more of the following:
(a) travel to or from any area;
(b) the carrying on of a business or a type of business;
(c) an event or a type of event.
(2) The minister may, by order, do one or more of the following:
(a) require a person to stop doing an activity, including an activity that a person is licensed, permitted or otherwise authorized to do under an enactment;
(b) put limits or conditions on doing an activity, including limits or conditions that have the effect of modifying a licence, permit or other authorization issued under an enactment.

Section 82 says that the Lieutenant Governor in Council can make retroactive orders. This would presumably legalize actions that would previously have been illegal.

Section 139 makes it clear that compliance is mandatory.

Section 140 gives provincial administrators the power to ask for police enforcement

Section 141 outlines judicial remedies to obtain injunction.

Section 154 provides protection from legal proceedings for pretty much anyone involved in implementing emergency management orders.

There is much more to this Bill, and that will be covered in a follow-up.

Now, what does this have to do with the United Nations?

Turns out, that the Sendai Framework was agreed to in 2015, and this is just B.C. implementing their version of it. This is also the third conference, with the first being Yokohama in 1994, and the second in Hyogo in 2005. The specific agency is the UNDDR, the United Nations Office for Disaster Risk Reduction.

The full text of the Sendai Framework for Disaster Risk Reduction (see archive) is available online. As should be apparent, Bill 31 heavily copies this content.

And the Emergency & Disaster Management Act heavily mirrors the Provincial Public Health Acts, which strip away property rights under the cloak of disease prevent. Those have been covered here and here.

More to come!

(1) https://www.leg.bc.ca/parliamentary-business/legislation-debates-proceedings/42nd-parliament/4th-session/bills/bills-with-hansard-debate
(2) https://www.leg.bc.ca/documents-data/debate-transcripts/42nd-parliament/4th-session/20231003am-Hansard-n331#bill31-1R
(3) https://www.preventionweb.net/publication/sendai-framework-disaster-risk-reduction-2015-2030
(4) https://www.preventionweb.net/files/43291_sendaiframeworkfordrren.pdf
(5) https://www.preventionweb.net/files/44983_sendaiframeworkchart.pdf
(6) Sendai Framework 2015 Full Text English
(7) https://en.wikipedia.org/wiki/World_Conference_on_Disaster_Risk_Reduction

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Were Recent Gun Control Measures In Canada Initiated By The United Nations?

The title isn’t clickbait. The UNODA, or United Nations Office for Disarmament Affairs, keeps records of the various actions taken by Member States. Canada is one of them.

One of the specific initiatives is the UN Programme of Action (PoA) and its International Tracing Instrument (ITI), which essentially amounts to global gun control efforts.

Interestingly, the Federal Government is reporting some of the restrictions they’ve made on gun owners in the 2022 report as the progress being made towards the implementation of PoA and the ITI. (See archive).

This raises the obvious question of who is really in charge here.

Let’s start with O.I.C. 2020-0298.

[Page 3]
National targets
1.4. Has your country set national targets relating to the implementation of the PoA and ITI?
1.4.1. If so, describe
In May 2020, the Government of Canada prohibited over 1,500 models of assault-style firearms and their variants. These prohibited firearms cannot be legally sold, or imported, and can only be used or transported under limited circumstances. An Amnesty Order is in effect until October 30, 2023 to allow firearms owners and businesses to come into compliance with the law, and to allow time to implement a mandatory buyback program.
.
As part of the Government of Canada’s comprehensive strategy to keep communities safe from gun violence, the Government intends to continue the implementation of regulations for firearms licence verification and business record-keeping; require the permanent alteration of long-gun magazines so that they can never hold more than five rounds; ban the sale or transfer of magazines capable of holding more than the legal number of bullets; implement the gang prevention and intervention program to provide direct funding to municipalities and Indigenous communities; introduce red flag laws to allow the immediate removal of firearms if that person is a threat to themselves or others, particularly to their spouse or partner, and increase maximum penalties for firearms trafficking and smuggling.
Target year:
2024

If this is to be taken at face value, then the May 1, 2020 Order In Council was aimed at complying with the PoA and the (ITI).

The “Red-Flag Laws” are a reference to Bill C-21, which was introduced in the last session of Parliament, and reintroduced in this one.

Altering firearms so they can never hold more than 5 bullets is also something that Bill C-21 addresses, although the details are sparse.

Then there’s O.I.C. 2022-0447.

[Page 6]
ITI 12a 2.3.2. How long must manufacturing records be kept?
[if other, please explain]
For businesses only (NOT for manufacturers): As of May 18, 2022, firearms businesses are required to keep records which describe each firearm in their possession, and record activities related to each firearm, the date on which these activities are performed, and their disposal, as follows, in order to facilitate the tracing of firearms by law enforcement in the event that a firearm is diverted to the illicit market:
.
i) Manufacturer, make, model, type of firearm, classification, action, gauge or caliber, barrel length, magazine capacity (in the case of a fixed magazine), and all serial numbers found on the frame and receiver.
.
ii) Manufacture, importation, exportation, purchase, alteration, repair, storage, exhibition, deactivation,
destruction, sale, barter, donation, consignment, pawn, or any other category related to the possession or disposal of the firearm, and the date on which the change occurred;
.
iii) The name of the shipper, their permit number or carrier licence number, and the reference number, if the shipper is different from the business keeping the records. Businesses would be required to retain the possession and disposal records for 20 years from the record’s creation. Once a business ceases to be a business they must transfer their records to the Registrar of Firearms who will hold them for no less than 20 years.

By another Order In Council, it’s now the law that businesses must keep records of all gun sales for a minimum of 20 years, regardless of whether they are non-restricted. Again, this is the “progress” that’s being reported to the UNODA.

Keep in mind, Target 16.4 of the U.N. Sustainable Development Goals states that: “By 2030, significantly reduce illicit financial and arms flows, strengthen the recovery and return of stolen assets and combat all forms of organized crime”. The full text is available online.

Were these changes made because politicians believed they were the right things to do? Or, were they done in order to comply with international agreements?

(1) https://disarmament.unoda.org/conventional-arms
(2) https://smallarms.un-arm.org/sustainable-development-goals
(3) https://smallarms.un-arm.org/country-profiles/CAN
(4) https://unoda-poa.s3.amazonaws.com/reports/CAN-English-1186-SUBMITTED.pdf
(5) UNODA 2022 Report On Gun Control Measures
(6) https://orders-in-council.canada.ca/attachment.php?attach=39208&lang=en
(7) https://orders-in-council.canada.ca/attachment.php?attach=41953&lang=en
(8) https://www.parl.ca/legisinfo/en/bill/43-2/c-21
(9) https://sustainabledevelopment.un.org/content/documents/21252030%20Agenda%20for%20Sustainable%20Development%20web.pdf

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Federal Court Streaming Challenges To 2020 Order In Council And Gun Grab

The Federal Court of Canada is hearing 6 challenges to the May 1, 2020 Order In Council, which instantly converted some 1,500 types of firearms to “prohibited”.

People wanting to attend virtually can. The registration link is available to all, but the usual broadcasting prohibitions apply.

(1) Cassandra Parker et al. v. Attorney General of Canada et al.
Case Number: T-569-20
Filed May 26, 2020

(2) Canadian Coalition for Firearms Rights et al. v. Attorney General of Canada et al.
Case Number: T-577-20
Filed May 26, 2020

(3) John Hipwell v. Attorney General of Canada et al.
Case Number: T-581-20
Filed May 27, 2020

(4) Michael John Doherty et al. v. Attorney General of Canada et al.
Case Number: T-677-20
Filed: June 29, 2020

(5) Christine Generoux et al. v. His Majesty The King et al.
Case Number:T-735-20
Filed: July 10, 2020

(6) Jennifer Eichenberg, David Bot, Leonard Walker et al. v. Attorney General of Canada et al.
Case Number: T-905-20
Filed: August 11, 2020

The hearings started on Tuesday, April 11th, and are expected to finish up next week. Given that these cases cover essentially the same material, they’ll all be decided together.

So far, the Applicants have been focusing on a few concepts: (a) definitions of words are vague or missing; and (b) the choices of which firearms to prohibit are not consistent or logical.

For anyone interesting in searching the case histories, or to order more documents, the information is available for Federal cases.

Expect and update soon with attached documents.

(1) https://orders-in-council.canada.ca/attachment.php?attach=39208&lang=en
(2) https://www.fct-cf.gc.ca/en/court-files-and-decisions/hearing-lists
(3) https://www.fct-cf.gc.ca/en/court-files-and-decisions/court-files#cont
(4) https://www.fct-cf.gc.ca/en/court-files-and-decisions/hearings-calendar

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Alberta Firearms Act, Bill 8, Also Backdoored And Worthless

A month ago, the Alberta Government introduced Bill 8, the Alberta Firearms Act. This was sold as a protective measure to keep the Federal Government (or Trudeau, more specifically) from further encroaching on the gun rights of legal owners.

It was presented as a way to circumvent a 2020 Order-In-Council that made some 1,500 models of firearms “prohibited” overnight. Alberta wouldn’t play along with the gun grab that was to result from it.

Bill 8, which is widely expected to become law in the near future. It has passed Third Reading, and is awaiting Royal Assent. (See archive.)

Tyler Shandro, who is now the Minister of Justice and Attorney General, has been hyping up the legislation. He’s a bizarre choice, to be blunt. During his time as Health Minister, he was famous for imposing lockdown measures, and punishing people who dared to resist.

However, despite all the public attention this firearms piece gets, this legislation isn’t anywhere close to what its being presented as.

Here are some highlights:

Section 8 gives the Province the right to act as a seizure agent, or to contract out with a company to hire seizure agents.

Section 9 gives the Minister the right to impose conditions of licencing.

Section 10 requires seizure agents to be licensed.

Section 11 sets out a compensation scheme for seized firearms and ammunition.

Section 12 gives the Minister the power to set out a program for forensic and ballistic testing of firearms that are seized.

Section 13 establishes penalties for seizure agents who fail to comply with their licencing and other requirements.

Section 14 makes directors of corporations liable if they were in any way involved in the decision making process which led to violations of the Act.

Now, before anyone thinks that this will somehow protect gun owners, here’s what can be changed by regulation. This means changed without debate.

Regulations
15 The Lieutenant Governor in Council may make regulations
(a) establishing types or classes of licences;
(b) prescribing types or classes of firearms, ammunition, accessories and parts in respect of which this Part and the regulations made under this Part apply;
(c) prescribing persons or classes of persons who are required to hold a licence;
(d) prescribing persons or classes of persons who are not required to hold or are prohibited from holding a licence;
(e) prescribing activities that licensees are authorized to carry out and prohibiting the carrying out of those activities without a licence;
(f) respecting the powers, duties and functions of licensees;
(g) respecting applications for the issuance and renewal of licences;
(h) respecting application fees, including regulations
(i) authorizing the Minister to charge application fees, and
(ii) fixing the amount of those fees;
(i) respecting the requirements that must be met for the issuance or renewal of licences;
(j) respecting the circumstances in which the Minister may refuse to issue or renew licences;
(k) respecting terms and conditions that the Minister may impose on licences;
(l) respecting the term of licences;
(m) respecting the amendment, suspension and cancellation of licences;
(n) respecting the requirement to return expired, suspended, cancelled or otherwise invalid licences;
(o) respecting requirements that licensees must meet as a condition of holding a licence;
(p) respecting records and other documents that licensees are required to keep for the purposes of this Part and the manner in which such records and documents are to be kept;
(q) respecting the prohibition, regulation and control of advertising by licensees;
(r) respecting complaints relating to licensees;
(s) respecting inspections and investigations relating to licensees, including regulations
(i) authorizing the Minister to appoint inspectors and investigators,
(ii) prescribing the circumstances in which inspections and investigations may be or are required to be carried out,
(iii) respecting the powers, duties and functions of inspectors and investigators,
(iv) respecting procedural and evidentiary matters relating to inspections and investigations,
(v) respecting the production of records, documents, objects and information, and
(vi) respecting entry and searches of premises;
(t) respecting the seizure by licensees of firearms, ammunition, accessories and parts;
(u) respecting the rights of persons from whom firearms, ammunition, accessories and parts are seized to make
written representations;
(v) respecting the transportation by licensees of seized firearms, ammunition, accessories and parts;
(w) respecting the storage by licensees of seized firearms, ammunition, accessories and parts;
(x) respecting the modification, destruction and deactivation by licensees of seized firearms, ammunition, accessories and parts;
(y) respecting identification and uniforms for licensees;
(z) respecting safety requirements for licensees;
(aa) respecting the reporting of incidents involving the use of force or other unusual interventions;
(bb) respecting the establishment, implementation and operation of a compensation program;
(cc) respecting the payment of compensation, including regulations respecting the circumstances in which
compensation is payable and by whom it is payable;
(dd) respecting the factors to be considered for the payment of compensation;
(ee) respecting the determination of the fair market value of firearms, ammunition, accessories and parts for the
purposes of the payment of compensation, including regulations respecting methods to be used to determine
fair market value;
(ff) respecting information and documents that the Chief Firearms Officer may request for the purposes of determining the fair market value of firearms, ammunition, accessories and parts;
(gg) respecting firearms compensation committees, including regulations respecting
(i) the establishment and composition of firearms compensation committees,
(ii) the reimbursement of members of firearms compensation committees for expenses, and
(iii) the powers, duties and functions of firearms compensation committees;
(hh) respecting exemptions from the requirement to pay compensation or circumstances in which the payment of
compensation is prohibited;
(ii) respecting the establishment, implementation and operation of a testing program;
(jj) respecting the submission of seized firearms, ammunition, accessories and parts to a testing program;
(kk) respecting the forensic and ballistic testing of seized firearms, ammunition, accessories and parts;
(ll) respecting the designation by the Chief Firearms Officer of approved testing facilities;
(mm) respecting the powers, duties and functions of approved testing facilities;
(nn) respecting the powers, duties and functions of the Chief Firearms Officer and the Minister for the purposes of this Part;
(oo) prescribing provisions of this Part or the regulations made under this Part or terms and conditions of licences for the purposes of section 13(2);
(pp) prescribing penalties for the purposes of section 13(2).

Federally, and soon in Saskatchewan as well, there are provisions that circumvent the democratic process. If basic rights can be “altered” by regulation changes, then nothing is secure.

Scott Moe and Danielle Smith are implementing much the same thing they criticize Trudeau about.

As with the Saskatchewan Act, the provision allowing for regulation changes on documentation and record keeping leave open the possibility of a new gun registry emerging from this.

Section 15 of the Alberta Act, Section 6-8 of the Saskatchewan Act, and Section 117 Federally all serve the same purpose. They allow firearms “rights” to be gutted by regulation changes, and without democratic debate or mandate.

Section 16 states that a municipality or police force must abide by these regulations before entering into any agreement with the Canadian Government, or accepting any funding.

Section 17 gives the Crown, the Minister, the Chief Firearms Officer, a firearms officer, a member of a firearms compensation committee or any employee of the Crown protection against legal action.

Section 18 goes through another (albeit shorter) list of regulatory changes that the Lieutenant Governor in Council can make. Again, no vote in Parliament would be needed for this.

(a) prescribing enactments of Canada for the purposes of section 1(g)(ii);
(b) prescribing other responsibilities of the Chief Firearms Officer for the purposes of section 3(j);
(c) prescribing matters for the purposes of section 5(1)(b);
(d) prescribing requirements that must be met for the purposes of section 16;
(e) respecting the collection, use and disclosure of information, including personal information, for the purposes of this Act and the regulations;
(f) respecting the confidentiality of information collected under or for the purposes of this Act and the regulations;
(g) respecting the exemption from the application of all or any provision of this Act or the regulations of
(i) any person or class of persons, and
(ii) any firearm, ammunition, accessory or part or class of firearms, ammunition, accessories or parts;
(h) varying the application of all or any provision of this Act or the regulations to
(i) any person or class of persons, and
(ii) any firearm, ammunition, accessory or part or class of firearms, ammunition, accessories or parts;
(i) defining, for the purposes of this Act, any word or phrase used but not defined in this Act;
(j) respecting any other matter or thing that the Lieutenant Governor in Council considers necessary to carry out the purposes of this Act.

As with both the Federal and Saskatchewan Acts, there’s a clause (j) that allows for pretty much anything else that’s “considered necessary”, but without defining what that is.

About (e), what are the limits of “respecting the collection, use and disclosure of information, including personal information, for the purposes of this Act and the regulations”? That’s also undefined. Again, all of this can be changed without a vote in the Legislature.

(g) leaves open the possibility of declaring entire classes of firearms to be prohibited.

An observation: the Alberta and Saskatchewan Acts are written with wording that is nearly identical in many cases. Perhaps the same people wrote both documents.

This is yet another Bill that sounds great when it’s announced, but that really needs to be carefully read by constituents.

(1) https://www.assembly.ab.ca/assembly-business/
(2) https://www.assembly.ab.ca/assembly-business/bills/bill?billinfoid=11997&from=bills
(3) https://docs.assembly.ab.ca/LADDAR_files/docs/bills/bill/legislature_30/session_4/20221129_bill-008.pdf
(4) Alberta Firearms Act Full Text
(5) https://twitter.com/ABDanielleSmith/status/1634596199130083328
(6) https://twitter.com/shandro/status/1634364239338151936
(7) https://orders-in-council.canada.ca/attachment.php?attach=39208&lang=en
(8) https://canucklaw.ca/canada-firearms-act-and-other-backdoored-legislation/
(9) https://canucklaw.ca/saskatchewan-firearms-act-bill-117-backdoored-and-worthless/