Category: Property Rights

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Diagolon Gun Grab, Part 1: The Schill Decision

A few months ago, an Ontario Court Judge suspended the firearms permit of a man deemed to be a threat to the public. This came despite him being convicted of no crime. Gary Schill is prohibited from owning any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance for 5 years.

The reasoning of Justice Robinson rested largely — though not entirely — on his association with the “meme” group Diagolon, and its leader, Jeremy MacKenzie. The testimony itself as available in the transcripts linked below.

As an aside, yes, his name is misspelled throughout the ruling.

Part 2 of the series will focus on the testimony that was used.

For some background, Schill was arrested back in April 2022, along with his then-wife, Jennifer McNeil. Both faced domestic violence charges, but with his being the more serious. Charges against them were eventually dropped.

McNeil told the police that Schill: (a) was a member of Diagolon; (b) was a stream moderator; and (c) was recruiting ex-military members for the purpose of building a militia.

Following this, York Regional Police went to the Court for the purpose of pre-emptively getting a firearms prohibition against Schill. This came despite the fact that the charge against him had been dropped.

It’s worth noting that it’s not alleged that Schill ever engaged in any terrorist behaviour, or committed any ideologically motivated violence. However, the Judge thought that there were valid concerns that he might endanger the public.

This will probably come as a surprise to Diagolon supporters, who seem to be under the mistaken belief that the group was supposedly cleared with the “HateGate” revelations. Diagolon, after all, was based on a joke of a new country made up of the “sane” Provinces and States, going from Alaska to Florida.

But no such exoneration ever happened.

Paul S. Rouleau, head of Public Emergency Order Commission (PEOC) made it clear he views the group as a militia-like network. Members of CSIS, the RCMP and OPP all testified about their concerns.

There’s also the false claim going around that panic over this “meme country” was responsible for having the state of emergency declared in the first place. That also isn’t true. While MacKenzie and Diagolon were cited as concerns, there was a lot more going on.

Anyhow, more on that in a later piece. As for Schill:

[5] The entirety of the Crown’s case came through the evidence of D.C. Carmichael, a police officer with York Regional Police’s Tactical Intelligence Unit, a unit tasked with investigating terrorism, extremism and subversive groups.

Diagolon, Jeremy McKenzie and Mr. Schill.
[6] In August 2021, the police received a complaint from a member of the public regarding a police officer who was publicly associated with Jeremy McKenzie, a well-known extremist.

[7] Initially, D.C. Carmichael was tasked with conducting a surface level assessment of Mr. McKenzie. He quickly learned that Mr. McKenzie was a prominent podcaster under the name “Raging Dissident” with a large following. His views were vehemently anti-government and anti-authority. Mr. McKenzie was the founder and face of an organization named Diagolon.

[8] D.C. Carmichael identified two Diagolon-related Telegram channels in York region. One was entitled the “North of 7 Community Safe Zone for C-19 Bigots”. The other was “York Region Bigots”, which later became “York Region Purebloods.” D.C. Carmichael was able to join the channels and monitor their activity for approximately two years.

[9] The two York region channels directly referenced Diagolon. Whenever Jeremy McKenzie posted anything or released a podcast, its contents would be shared immediately on the York-region Telegram channels.

[10] The content of the channels was anti-vaccine, anti-government, white nationalist and white supremacy rhetoric. It involved conspiracy theory discussions and talk about assembly a militia by acquiring weaponry and body armour and planning meet-ups.

[11] D.C. Carmichael identified Mr. Schill early on as an active member on the Telegram channels. Unlike others who hid behind aliases, Mr. Schill identified himself by his real name and real photograph.

[12] Mr. McKenzie, the founder of Diagolon, actively promoted “Day of the Rope”, a book about a white supremacist revolution that was based on “The Turner Diaries”, a 1978 neo-nazi novel. The books, described by D.C. Carmichael as the bible of white nationalism, recount a race war that evolves into genocide in which all non-whites, Jews and “race traitors” are lynched.

[13] D.C. Carmichael observed nazi imagery on many of the profile pictures of Diagolon members on Telegram. Their discussions included coordinating meet-ups to engage in shooting and combat-training.

[14] A photograph of one such meet-up [exhibit 1] shows a gathering of 14 individuals performing a Diagolon “salute”. Mr. Schill can be seen saluting under a large Diagolon flag.

[15] As of 28 March 2024, D.C. Carmichael was able to determine through a social media query that Mr. Schill was still following Jeremy McKenzie on Instagram.

[16] There was also evidence that Mr. Schill was in communication with Paolo Scarpelli, a close associate of Jeremy McKenzie’s, to organize Diagolon dinner parties at Mr. Schill’s residence.

Conversations from Telegram were entered into evidence to try to demonstrate that these were not just words, but that Schill (and others) intended to meet up.

According to D.C. Ernest Carmichael, he had been monitoring various Telegram chats for approximately 2 years. This wasn’t anonymous gossip from the Canadian Antihate Network. It was the police actively monitoring group chats. These were used as exhibits.

Not only are the police watching the postings, but they’re checking to see who’s following who. It’s one way to build a “network of association”.

Telegram Chats Going Into Evidence

Posting pictures of guns, ammunition or body armour with the caption “let’s meet up” is a pretty idiotic thing to do. Considering the various topics that are discussed, it’s hard to imagine that it wouldn’t be used to try to incriminate people.

Asking to “take everything to DMs” or direct messages was used by the police to imply that this was intended for illegal purposes. Now, it may all have been perfectly legal and legitimate, but it was used as evidence that it wasn’t.

It’s quite stunning what people post. And the police were able to record everything, without ever needing a warrant.

The Judge also referenced the Coutts blockade, and the arrest of Chris Lysak, whom had been referred to as the “head of security of Diagolon”.

Publishing Evidence On MacKenzie’s Substack

[27] Shortly after Mr. Schill received his disclosure on the domestic charges, excerpts from it were posted on Jeremy McKenzie’s blog on Substack, an online platform.

This is mind-bogglingly stupid. Schill, at the time, was facing a charge of assault causing bodily harm. If the Crown had proceeded by indictment (the more serious option) a conviction even for a first offence would have been serious. It would mean a mandatory 10 year ban on all non-restricted weapons, and a lifetime ban on any restricted or prohibited weapons.

This is, of course, in addition to any jail time, probation or fine that was handed down.

Sharing with someone privately is one thing. But what would cause a person to think that publishing evidence in an open criminal case (with violence alleged) was a good idea?

Quoting The PEOC Report

Report of the Public Inquiry into the 2022 Public Order Emergency
[39] In February 2023, a report was released by the Honourable Paul S. Rouleau, Commissioner of a public Inquiry into the declaration of a Public Order Emergency issued by the federal government in 2022.

[40] The Report noted that “[l]aw enforcement and intelligence agencies view Diagolon as a militia-like extremist organization.”

[41] The Report further found that:
Diagolon may have started as a joke on Mr. McKenzie’s podcast, but it has grown into a larger community. The Royal Canadian Mounted Police (RCMP) has described Diagolon as a militia-like network with members who are armed and prepared for violence. In his testimony, the head of the Ontario Provincial Police (OPP) Intelligence Bureau described Diagolon as an extremist group… I am satisfied that law enforcement’s concern about Diagolon is genuine and well founded. The fact that a ballistic vest that was seized by the RCMP during the protests in Coutts – along with numerous guns – bore a Diagolon patch suggests as much.

[42] Notwithstanding the findings of the Commission, Mr. Foy points out that Diagolon is not currently listed as a terrorist entity on Public Safety Canada’s list of domestic terrorist groups.

Worth noting: Diagolon is not currently listed as a terrorist group.

Now, one could argue that it was unfair to have the PEOC Report used as a foundation for Justice Robinson here. Sure, it could be viewed as guilt by association. That being said, PEOC was used as a basis to pull Schill’s gun licence.

Assessment Of Risk Of Diagolon, Schill, MacKenzie

[64] The views of Jeremy McKenzie and his creation, Diagolon, can properly be described as anti-government and anti-authority, promoting the assembly of a militia to overthrow or, at the very least, actively resist the government.

[65] Mr. Pearson invites me to make a finding that Diagolon is a “terrorist group” as defined in s.83.01 C.C.. It is unnecessary for me to do so.

[66] Rather, it is sufficient – and permissible – for me to rely on the Commission Report’s findings that Diagolon is a militia-like extremist organization consisting of members who are armed and prepared for violence. I concur with the Commission’s finding that law enforcement’s concern about Diagolon is genuine and well-founded.

[67] Apart from the Commission’s findings, the evidence before me reasonably supports a valid public safety concern about the activities and members of Diagolon.

[68] Viewed cumulatively, there is cogent evidence that situates Mr. Schill in the inner ideological circle of Diagolon and close to its founder, Jeremy McKenzie. There is also cogent evidence of Mr. Schill’s intention to engage in the type of illegal activity espoused by Diagolon. For example:

(a) Mr. Schill’s devices show direct communication between him and Mr. McKenzie;

(b) Mr. Schill remains a follower of Mr. McKenzie on Instagram;

(c) Mr. Schill was an active participant on Telegram’s Diagolon channels based in York Region;

(d) Mr. Schill was observed in attendance at a Diagolon meet-up, where he was photographed giving the Diagolon salute under the Diagolon flag;

(e) Mr. Schill was actively engaged in organizing Diagolon meetings with Paolo Scarpelli, a close associate of Jeremy McKenzie;

(f) Mr. Schill’s wife provided evidence that he was attempting to recruit ex-military members to build a militia;

(g) Mr. Schill’s Telegram posts can reasonably be interpreted as an attempt to organize tactical shooting and combat training outings;

(h) Mr. Schill’s posts about attempting to acquire Level IV body armour and his desire to be “protected against mil spec” suggests active resistance against the government and not merely protection;

(i) Mr. Schill’s use of guarded language (e.g. “catch my drift” ) seems to confirm the illegal objective of the posts;

(j) Mr. Schill’s post about the House of Commons is clearly a reference to burning down Parliament;

(k) Mr. Schill was part of the inner circle Diagolon meeting on the outskirts of Ottawa during the Freedom Convoy;

(l)At the meeting, in which Jeremy McKenzie personally acknowledged and thanked Mr. Schill, Mr. McKenzie’s parting words were “there will not be any fucking surrendering as long as I am around;”

(m) Mr. Schill’s garage contained a re-load station in which he stored “huge amounts” of ammunition, not all of which was compatible with his lawfully-owned firearms; and

(n) In that same re-load station, Mr. Schill had a hand-drawn sketch of what can only be interpreted as a plan to engage in criminal activity at a closed gas station.

This was enough for Justice Robinson to conclude that a 5 year prohibition from weapons was warranted. For all the cries about this group just being a podcast community and “based on a meme”, these conversations and meets were used as evidence.

This ruling came from an Ontario Judge, not some nobody. Now, it’s precedent, and will almost certainly be cited in future cases.

Diagolon and MacKenzie weren’t cleared by the PEOC report. Rouleau made it clear that the thought the group was dangerous.

They weren’t cleared by the Mosley ruling either. That was the January 2024 verdict in Federal Court that it was unreasonable to invoke the Emergencies Act. There was just passing mention of them at all.

Defenders have claimed that there was no evidence of wrongdoing, and that there was a heavy reliance on groups like the Canadian Antihate Network. This was supposed to be some major intelligence failure. But Carmichael testified that he personally had been monitoring the chats for 2 years. The transcripts are available, and are also worth a read.

Now, a person has had his firearms rights suspended — despite not being convicted of a crime — due in large part to his connection to this “meme” group.

Could the police be lying or exaggerating in order to punish someone they ideologically disagree with? Sure, it’s possible. Nonetheless they were successful at getting the licence taken away. Please read the decision in full.

Guess that wasn’t something to brag about on the “Road Rage Terror Tour”.

More on PEOC and Mosley coming in subsequent posts.

Now, the ruling does look really, REALLY bad, but what was actually said at the hearing? The transcripts are available, so Carmichael’s testimony can be looked at. And interestingly, it comes across as a lot more speculative than what the Judge wrote. Stay tuned.

SCHILL HEARING:
(1) https://www.canlii.org/en/on/oncj/doc/2024/2024oncj249/2024oncj249.html
(2) Evidence Of Officer Ernest Carmichael, Day 1
(3) Evidence Of Officer Ernest Carmichael, Day 2, Cross Examination

PEOC HEARINGS:
(1) https://publicorderemergencycommission.ca/
(2) PEOC Report, Volume 1: Overview
(3) Public Order Emergency Report Volume 1 Overview
(4) PEOC Report, Volume 2: Analysis (Part 1)
(5) Public Order Emergency Report Volume 2 Analysis Part 1
(6) PEOC Report, Volume 3: Analysis (Part 2)
(7) Public Order Emergency Report Volume 3 Analysis Part 2 Recommendations
(8) PEOC Report, Volume 4: Process and Appendices
(9) Public Order Emergency Report Volume 4 Process And Appendices
(10) PEOC Report, Part 5: Policy Papers
(11) Public Order Emergency Report Volume 5 Policy Papers

MOSLEY DECISION:
(1) https://www.canlii.org/en/ca/fct/doc/2024/2024fc42/2024fc42.html#par41

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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.
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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