Category: Property Rights

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Bill C-21: Redefining Replica Firearms, Turning Them Into Prohibited Weapons

This Bill brings Red Flag and Yellow Flag Laws onto Canadian gun owners, regardless of how law abiding they may be. It also redefines what a “replica” is, and potentially causes more problems.

1. Gun Rights Are Essential, Need Protecting

The freedoms of a society can be gauged by the laws and attitudes they have towards firearms. Governments, and other groups can push around an unarmed population much easier than those who can defend themselves. It’s not conspiratorial to wonder about those pushing for gun control. In fact, healthy skepticism is needed for a society to function.

2. What Criminal Code Currently Says

replica firearm means any device that is designed or intended to exactly resemble, or to resemble with near precision, a firearm, and that itself is not a firearm, but does not include any such device that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm; (réplique)

The Criminal Code, under Section 84(1), already has a definition for a replica firearm, and it’s a pretty clear one. However, this would make changes to it regarding energy of the discharge, and speed.

3. Changes Bill C-21 Would Make To Code

1 (1) The definition replica firearm in subsection 84(1) of the Criminal Code is replaced by the following:

replica firearm means any device that is designed or intended to exactly resemble, or to resemble with near precision, a firearm that is designed or adapted to discharge a shot, bullet or other projectile at a muzzle velocity exceeding 152.‍4 m per second and at a muzzle energy exceeding 5.‍7 Joules, and that itself is not a firearm, but does not include any such device that is designed or intended to exactly resemble, or to resemble with near precision, an antique firearm; (réplique)

(2) Section 84 of the Act is amended by adding the following after subsection (3.‍1):

Certain firearms deemed to be prohibited devices
(3.‍2) For the purposes of sections 99 to 101, 103 to 107 and 117.‍03, a firearm is deemed to be a prohibited device if
(a) it is proved that the firearm is not designed or adapted to discharge a shot, bullet or other projectile at a muzzle velocity exceeding 152.‍4 m per second or at a muzzle energy exceeding 5.‍7 Joules; and
(b) the firearm is designed or intended to exactly resemble, or to resemble with near precision, a firearm, other than an antique firearm, that is designed or adapted to discharge a shot, bullet or other projectile at a muzzle velocity exceeding 152.‍4 m per second and at a muzzle energy exceeding 5.‍7 Joules.

From this new definition, could air guns, airsoft guns, paintball guns and pellet guns now be considered prohibited weapons? After all, many do “resemble” regular firearms.

By this new definition, many of those guns available for purchase by the general public might qualify. They aren’t designed for the same capacity as real ones. But “exactly resembling, or resembling with near precision” could be very subjective. It also raises the question of what kind of due diligence a person should do to ensure that their gun is not resembling (exactly, or with near precision), a prohibited weapon.

Since these aren’t standard firearms there’s no way to get a license to own them, unless that’s coming next. Is this a way to ban other types of “guns”, or is this just poor wording?

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Bill C-21: Yellow Flag Laws To Temporarily (Or Indefinitely) Suspend A Gun License

Red Flag Laws were covered previously. Bill C-21, would also allow for a Chief Firearms Officer to suspend or revoke the license of a person based on “reasonable grounds”. However, the wording is vague, and a reasonable interpretation is that a suspension could be renewed indefinitely. It also calls into question the due process options the person would have.

1. Gun Rights Are Essential, Need Protecting

The freedoms of a society can be gauged by the laws and attitudes they have towards firearms. Governments, and other groups can push around an unarmed population much easier than those who can defend themselves. It’s not conspiratorial to wonder about those pushing for gun control. In fact, healthy skepticism is needed for a society to function.

2. What The Firearms Act Currently Says On This

Refusal to Issue and Revocation
Marginal note: Licences and authorizations
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68 A chief firearms officer shall refuse to issue a licence if the applicant is not eligible to hold one and may refuse to issue an authorization to carry or authorization to transport for any good and sufficient reason.

Marginal note: Registration certificates
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69 The Registrar may refuse to issue a registration certificate, authorization to export or authorization to import for any good and sufficient reason including, in the case of an application for a registration certificate, where the applicant is not eligible to hold a registration certificate.

Marginal note: Revocation of licence or authorization
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70 (1) A chief firearms officer may revoke a licence, an authorization to carry or an authorization to transport for any good and sufficient reason including, without limiting the generality of the foregoing,
(a) where the holder of the licence or authorization
(i) is no longer or never was eligible to hold the licence or authorization,
(ii) contravenes any condition attached to the licence or authorization, or
(iii) has been convicted or discharged under section 730 of the Criminal Code of an offence referred to in paragraph 5(2)(a); or
(b) where, in the case of a business, a person who stands in a prescribed relationship to the business has been convicted or discharged under section 730 of the Criminal Code of any such offence.

Marginal note: Registrar
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(2) The Registrar may revoke an authorization to export or authorization to import for any good and sufficient reason.

Previous Version
Marginal note: Revocation of registration certificate
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71 (1) The Registrar
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(a) may revoke a registration certificate for a prohibited firearm or a restricted firearm for any good and sufficient reason; and
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(b) shall revoke a registration certificate for a firearm held by an individual where the Registrar is informed by a chief firearms officer under section 67 that the firearm is not being used for a purpose described in section 28.

Marginal note: Automatic revocation of registration certificate
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(2) A registration certificate for a prohibited firearm referred to in subsection 12(3) (pre-August 1, 1992 converted automatic firearms) is automatically revoked on the change of any alteration in the prohibited firearm that was described in the application for the registration certificate.

Marginal note:Notice of refusal to issue or revocation
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72 (1) Subject to subsection (1.1), if a chief firearms officer decides to refuse to issue or to revoke a licence or authorization to transport or the Registrar decides to refuse to issue or to revoke a registration certificate, authorization to export or authorization to import, the chief firearms officer or Registrar shall give notice of the decision in the prescribed form to the applicant for or holder of the licence, registration certificate or authorization.

Marginal note: When notice not required
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(1.1) Notice under subsection (1) need not be given in any of the following circumstances:
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(a) if the holder has requested that the licence, registration certificate or authorization be revoked; or
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(b) if the revocation is incidental to the issuance of a new licence, registration certificate or authorization.

Marginal note: Material to accompany notice
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(2) A notice given under subsection (1) must include reasons for the decision disclosing the nature of the information relied on for the decision and must be accompanied by a copy of sections 74 to 81.

Marginal note: Non-disclosure of information
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(3) A chief firearms officer or the Registrar need not disclose any information the disclosure of which could, in the opinion of the chief firearms officer or the Registrar, endanger the safety of any person.

Marginal note: Disposal of firearms
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(4) A notice given under subsection (1) in respect of a licence must specify a reasonable period during which the applicant for or holder of the licence may deliver to a peace officer or a firearms officer or a chief firearms officer or otherwise lawfully dispose of any firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition that the applicant for or holder of the licence possesses and during which sections 91, 92 and 94 of the Criminal Code do not apply to the applicant or holder.

Marginal note: Disposal of firearms — registration certificate
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(5) A notice given under subsection (1) in respect of a registration certificate for a prohibited firearm or a restricted firearm must specify a reasonable period during which the applicant for or holder of the registration certificate may deliver to a peace officer or a firearms officer or a chief firearms officer or otherwise lawfully dispose of the firearm to which the registration certificate relates and during which sections 91, 92 and 94 of the Criminal Code do not apply to the applicant or holder.

Marginal note: Reference
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(6) If the applicant for or holder of the licence or registration certificate refers the refusal to issue it or revocation of it to a provincial court judge under section 74, the reasonable period of time does not begin until after the reference is finally disposed of.

The Chief Firearms Officer or the Registrar already have significant powers in the Firearms Act to suspend or revoke licenses and authorizations for “any good and sufficient” reason”. Of course, this is very vague, and open to interpretation.

There is also the option to refuse to disclose information that could “endanger a person”. In practice, this can mean the person who made such a complaint to get the gun seizure would not have to be confronted by the person they accuse.

This Bill will go even further, and allow for 30 day suspensions of licences. Of course, nothing says that a suspension can’t be renewed — or another one handed out — 30 days later.

3. What Bill C-21 Would Change To Firearms Act

28 The heading before section 68 of the Act is replaced by the following:

Refusal to Issue, Suspension and Revocation

29 Section 68 of the Act is replaced by the following:

Refusal to issue — chief firearms officer
68 (1) A chief firearms officer shall refuse to issue a licence if the applicant is not eligible to hold one and may refuse to issue an authorization to carry referred to in paragraph 20(b) or an authorization to transport for any good and sufficient reason.

Refusal to issue — Commissioner
(2) The Commissioner may refuse to issue an authorization to carry referred to in paragraph 20(a) for any good and sufficient reason.

30 The Act is amended by adding the following after section 69:

Suspension
69.‍1 (1) If a chief firearms officer has reasonable grounds to suspect, on the basis of information that they have collected or received from any person, that the holder of a licence is no longer eligible to hold the licence, they may suspend, in respect of a licence, the holder’s authorization to use, acquire and import firearms for a period of up to 30 days.
.
Notice
(2) A chief firearms officer shall give notice in writing of the suspension to the holder of the licence. The notice shall include reasons for the decision, the nature of the information relied on for the decision, the period of the suspension and a copy of this section and sections 69.‍2 and 70.
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Non-disclosure of information
(3) A chief firearms officer need not disclose any information the disclosure of which could, in their opinion, endanger the safety of any person.
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Termination of suspension
(4) A chief firearms officer shall terminate the suspension at the expiry of the period referred to in subsection (2) or, if they are satisfied that the grounds for the suspension no longer exist, at any time before the expiry of that period. The chief firearms officer shall give notice in writing of the termination of the suspension to the holder of the licence.

Prohibition on use, acquisition and importation
69.‍2 The holder of a licence shall not use, acquire or import firearms while their authorizations to do so are suspended under subsection 69.‍1(1).

31 (1) The portion of subsection 70(1) of the Act before paragraph (a) is replaced by the following:

Revocation of licence or authorization
70 (1) A chief firearms officer may revoke a licence, an authorization to carry referred to in paragraph 20(b) or an authorization to transport — and the Commissioner may revoke an authorization to carry referred to in paragraph 20(a) — for any good and sufficient reason including, without limiting the generality of the foregoing,
(2) Subsection 70(1) of the Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after paragraph (a):
(a.‍1) where the holder of the licence uses, acquires or imports a firearm while their authorizations to do so are suspended under subsection 69.‍1(1); or

32 Section 71 of the Act is amended by adding the following after subsection (2):

Automatic revocation of registration certificate
(3) A registration certificate for a handgun is automatically revoked on the failure of the holder to provide to a chief firearms officer, during the 180 day period referred to in subsection 58.‍01(2), the information required to update the registration certificate for that handgun.

33 Subsection 72(6) of the Act is replaced by the following:

Reference
(6) If the applicant for or holder of a licence or registration certificate refers the refusal to issue it or revocation of it to a provincial court judge under section 74 they shall, within 30 days after referring the matter, deliver to a peace officer or otherwise lawfully dispose of any firearm that they possess. Sections 91, 92 and 94 of the Criminal Code do not apply to the applicant or holder during that time.

Order — return of firearm
(7) If the decision of the chief firearms officer or the Registrar is confirmed, the judge shall, if a firearm was delivered to a peace officer under subsection (6), order the return of the firearm to the applicant for or holder of the licence or registration certificate, in order for the applicant or holder to lawfully dispose of it.

A Chief Firearms Officer can revoke a license for any “good and sufficient” reason. The information can come from anyone, and there is no requirement that the person be named, if done for safety reasons. In short, there is no real right to confront the accuser.

A license can be suspended for 30 days. However, it doesn’t look like there is anything that would prevent necessarily the suspension from being renewed.

While this portion of Bill C-21 is pretty bad, a lot of these rules were already on the books. This just seems to make it easier to issue a 30 day suspension without a real investigation.

4. Challenging Case In Provincial Court

74(2) Limitation period
.
(2) An applicant or holder may only refer a matter to a provincial court judge under subsection (1) within thirty days after receiving notice of the decision of the chief firearms officer, Registrar or provincial minister under section 29, 67 or 72 or within such further time as is allowed by a provincial court judge, whether before or after the expiration of those thirty days.

75(3) Burden of proof
.
(3) At the hearing of the reference, the burden of proof is on the applicant or holder to satisfy the provincial court judge that the refusal to issue or revocation of the licence, registration certificate or authorization, the decision or the refusal to approve or revocation of the approval was not justified.
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Marginal note: Where hearing may proceed ex parte
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(4) A provincial court judge may proceed ex parte to hear and determine a reference in the absence of the applicant or holder in the same circumstances as those in which a summary conviction court may, under Part XXVII of the Criminal Code, proceed with a trial in the absence of the defendant.

A few things to point out when challenging this is court:

First, there is a 30 day time limit to initiate the proceedings. While the Court “may” allow an extension for applications filed after that, they don’t have to, and there is no guarantee they will. So, be aware of this.

Second, the burden is on the Applicant to prove that the revocation or refusal to issue is unjust. The Firearms Officer doesn’t have to prove anything.

Third, in limited cases, the Judge can proceed ex-parte, which means “without the Parties”. In practice, this will mean the person who applied may not be able to attend.

An overall impression: while this 30 day suspension is certainly bad news, the Firearms Act was already pretty stacked against the rights of gun owners. This certainly doesn’t help.

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O.I.C. 2020-0298: Questioning Just How Committed Federal Politicians Are On Gun Grab

Order In Council 2020-0298 was signed on May 1, 2020, to ban some 1,500 types of guns and accessories. This was done without any public consultation, or legislative process.

1. Gun Rights Are Essential, Need Protecting

The freedoms of a society can be gauged by the laws and attitudes they have towards firearms. Governments, and other groups can push around an unarmed population much easier than those who can defend themselves. It’s not conspiratorial to wonder about those pushing for gun control. In fact, healthy skepticism is needed for a society to function.

2. May 1, 2020 Repeal The O.I.C. Gun Ban

May 1, 2020 was the day that Order In Council, 2020-0298 was issued, which instantly made some 1,500 models of guns illegal in Canada. While campaigning to head the CPC, O’Toole seemed to have no problem condemning the O.I.C., and promised to repeal it.

3. May 12, 2020 Talk With C.C.F.R.

This May 12 talk with the C.C.F.R., the Canadian Coalition of Firearm Rights, O’Toole had no problem spelling out that he would repeal the gun grab, calling it undemocratic. Again, no issue with addressing this directly.

4. June 9, 2020 Campaign Platform

AN O’TOOLE-LED OPPOSITION WILL:
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Oppose efforts to reverse the former Conservative government’s policy advances on firearms, including the Trudeau government’s new proposals to confiscate legal firearms.
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Oppose regulations that do not advance public safety and instead penalize law abiding firearms owners. This includes the arbitrary reclassification of firearms and magazines.

The campaign website has since been shut down, and was last archived on June 9, 2020. While there is a reference to “new proposals to confiscate legal firearms”, the O.I.C. is not specifically mentioned at all. While it may be ASSUMED to include it, it’s not directly stated.

5. June 10, 2020 Video/Tweet

In this June 10 video, there are references to the 1,500 firearm O.I.C., but does not specifically state that it would be repealed. In other words, it is brought up, but not addressed. It is implied, however, for anyone who were to watch the video.

Also strange, at the 50 second mark, O’Toole drops a reference to “second wave”. He knew about this script and talking points months in advance.

6. February 16, 2020 Party Press Release

Ottawa, ON – Shannon Stubbs, Conservative Shadow Minister for Public Safety and Emergency Preparedness, and Richard Martel, Conservative Quebec Political Lieutenant, issued the following statement in response to today’s announcement on the firearms buy back program:

“It is disappointing that during a pandemic, Justin Trudeau is focused on his own re-election and advancing the Liberals’ ideological agenda instead of helping Canadians get vaccines.

“Just recently, the Liberals voted against and defeated Bill C-238, a Conservative bill that would have imposed tougher sentences for criminals smuggling or who are found in possession of illegal firearms. The Trudeau Liberals’ decision to vote against this bill shows they are not serious about stopping dangerous criminals from getting their hands on illegal guns.

“The reality is, the vast majority of gun crimes are committed with illegally obtained firearms. Taking firearms away from law-abiding citizens does nothing to stop dangerous criminals and gangs who obtain their guns illegally.

“Instead of targeting law-abiding Canadians and firearm retailers, the government should be investing in police anti-gang and gun units and the CBSA to provide law enforcement with the resources they need to stop illegal smuggling operations and get dangerous criminals and gangs off the streets.

“Conservatives have, and will always, support common-sense firearms policies that keep guns out of the hands of dangerous criminals.

“We are calling on the Trudeau Liberals to ensure that Canada’s firearms legislation is based on evidence, not on ideology, and respects the rights of Canadians.”

From a February 16, 2021 press statement, the CPC criticized the voting against of Bill C-238, to increase criminal penalties in some cases. While the topic “of taking guns” is brought up briefly, there is no specific reference to the O.I.C. In fairness, perhaps this was done so as to not overshadow the current announcement.

7. February 18, 2021 Press Conference

This is a clip from Andrew Lawton of True North, on February 18, 2020. He specifically asks about undoing the Order In Council, and O’Toole spits out a word salad to avoid giving a direct answer. And there is a valid point made, that having politicians explicitly promise something makes it easier (in theory) to hold them accountable later.

This should be a very easy question to answer — since it was answered in May 2020. However, O’Toole is backtracking from that promise. He isn’t even in power and he’s changing his tune.

8. Backtracking Is Some 5D Chess Move?

“It isn’t as simple as saying he would repeal the May 1, 2020 OIC because the OIC is laced with poison pills like it also banned some rocket launchers and other actual military hardware. Can you imagen the backlash if O’Toole suddenly legalised anti-tank weapons. And lawyers are still unpacking the implications of some of the provisions in Bill 21.”

“He can play the strategic game by not tipping his cards to the liberals. We know what they want. This is very cat and mouse at this point. A bait and hook strategy buy the liberals. Best be cautious”

According to at least a few commentators, this is some strategic move in order to make election more assured. Even if this were just such a move, appearing to throw supporters under the bus is a good way to ensure far fewer of them turn up on election day.

9. From “Scrapping” To “Reviewing” Act

This may be nitpicking, but is worth a mention. When O’Toole ran for the CPC leadership for the 1st time, in 2016-2017, he campaigned on “scrapping” the Firearms Act, and replacing it altogether. This time around, he only promises a “review“. Perhaps this is nothing, or it could be a watering down of his commitments.

Would O’Toole scrap the O.I.C. if he won? It’s possible that he would. However, it would be naive to fully trust politicians when they start backing away from their promises. Actually, it would be naive to fully trust them under any circumstances.

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Bill C-21: Introducing Red Flag Laws To Make It Easier To Grab Guns

Bill C-21, if implemented, will allow for private citizens to go before Courts, and ask A Judge to issue an Order to seize a person’s firearms. Note: it doesn’t appear that the person who is potentially subjected to such a restraint will have the opportunity to defend themselves.

1. Gun Rights Are Essential, Need Protecting

The freedoms of a society can be gauged by the laws and attitudes they have towards firearms. Governments, and other groups can push around an unarmed population much easier than those who can defend themselves. It’s not conspiratorial to wonder about those pushing for gun control. In fact, healthy skepticism is needed for a society to function.

2. What The Criminal Code Says Right Now

Discretionary prohibition order
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110 (1) Where a person is convicted, or discharged under section 730, of
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(a) an offence, other than an offence referred to in any of paragraphs 109(1)(a) to (c.1), in the commission of which violence against a person was used, threatened or attempted, or
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(b) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance and, at the time of the offence, the person was not prohibited by any order made under this Act or any other Act of Parliament from possessing any such thing,
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the court that sentences the person or directs that the person be discharged, as the case may be, shall, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, consider whether it is desirable, in the interests of the safety of the person or of any other person, to make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, and where the court decides that it is so desirable, the court shall so order.

Section 109 of the Criminal Code of Canada mandates prohibitions based on serious convictions, and 110 of the Code allows for weapons bans based on lesser crimes. But the key is CRIMINALS.

What is key here, is that it refers to people convicted of crimes, or discharged after a finding of guilt. There are also provisions which allow for accused people released on bail to have their firearm access suspended. That’s reasonable to most people.

However, this proposed addition to the Code would allow for (shorter) prohibitions based on reasonable suspicion, whatever that means. And while people are entitled to defend themselves in criminal cases, that doesn’t see to apply here.

3. What Bill C-21 Would Add To Criminal Code

4 The Act is amended by adding the following after section 110:
Application for emergency prohibition order
110.‍1 (1) Any person may make an ex parte application to a provincial court judge for an order prohibiting another person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, if the person believes on reasonable grounds that it is not desirable in the interests of the safety of the person against whom the order is sought or of any other person that the person against whom the order is sought should possess any such thing.

Emergency prohibition order
(2) If, at the conclusion of a hearing of an application made under subsection (1), the provincial court judge is satisfied that the circumstances referred to in that subsection exist and that an order should be made without delay to ensure the immediate protection of any person, the judge shall make an order prohibiting the person against whom the order is sought from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, for a period not exceeding 30 days, as is specified in the order, beginning on the day on which the order is made.

Service of order
(3) A copy of the order shall be served on the person to whom the order is addressed in the manner that the provincial court judge directs or in accordance with the rules of court.

Warrant to search and seize
(4) If a provincial court judge is satisfied by information on oath that there are reasonable grounds to believe that a person who is subject to an order made under subsection (2) possesses, in a building, receptacle or place, any thing the possession of which is prohibited by the order, and that it is not desirable in the interests of the safety of the person, or of any other person, for the person to possess the thing, the judge may issue a warrant authorizing a peace officer to search the building, receptacle or place and seize any such thing, and every authorization, licence or registration certificate relating to any such thing, that is held by or in the possession of the person.

Search and seizure without warrant
(5) If, in respect of a person who is subject to an order made under subsection (2), a peace officer is satisfied that there are reasonable grounds to believe that it is not desirable, in the interests of the safety of the person, or of any other person, for the person to possess any thing the possession of which is prohibited by the order, the peace officer may, where the grounds for obtaining a warrant under subsection (4) exist but, by reason of a possible danger to the safety of the person or any other person, it would not be practicable to obtain a warrant, search for and seize any such thing, and any authorization, licence or registration certificate relating to any such thing, that is held by or in the possession of the person.

Return to provincial court judge or justice
(6) A peace officer who executes a warrant referred to in subsection (4) or who conducts a search without a warrant under subsection (5) shall immediately make a return to the provincial court judge who issued the warrant or, if no warrant was issued, to a justice who might otherwise have issued a warrant, showing
(a) in the case of an execution of a warrant, the things or documents, if any, seized and the date of execution of the warrant; and
(b) in the case of a search conducted without a warrant, the grounds on which it was concluded that the peace officer was entitled to conduct the search, and the things or documents, if any, seized.

Return of things and documents
(7) Any things or documents seized under subsection (4) or (5) from a person against whom an order has been made under subsection (2) shall be returned to the person and any things or documents surrendered by the person in accordance with the order shall be returned to the person
(a) if no date is fixed under subsection 110.‍2(1) for the hearing of an application made under subsection 111(1) in respect of the person, as soon as feasible after the expiry of the period specified in the order made against the person under subsection (2);
(b) if a date is fixed for the hearing but no order is made against the person under subsection 111(5), as soon as feasible after the final disposition of the application; or
(c) despite paragraphs (a) and (b), if the order made against the person under subsection (2) is revoked, as soon as feasible after the day on which it is revoked.

10 The Act is amended by adding the following after the heading before section 117.‍011:
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Application for emergency limitations on access order
117.‍0101 (1) Any person may make an ex parte application to a provincial court judge for an order under this section if the person believes on reasonable grounds that
(a) the person against whom the order is sought cohabits with, or is an associate of, another person who is prohibited by any order made under this Act or any other Act of Parliament from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things; and
(b) the other person would or might have access to any such thing that is in the possession of the person against whom the order is sought.
Emergency limitations on access order
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(2) If, at the conclusion of a hearing of an application made under subsection (1), the provincial court judge is satisfied that the circumstances referred to in that subsection exist and that an order should be made without delay to ensure the immediate protection of any person, the judge shall make an order in respect of the person against whom the order is sought, for a period not exceeding 30 days, as is specified in the order, beginning on the day on which the order is made, imposing any terms and conditions on the person’s use and possession of any thing referred to in subsection (1) that the judge considers appropriate.

https://parl.ca/DocumentViewer/en/43-2/bill/C-21/first-reading#ID0ELAA

As it is written right now, any person will be able to file an application with the Court, to ask a person be removed of their guns, without the right to defend themselves at the start. It’s written up so that the person applying doesn’t have to fear for their safety, but can claim to fear for someone else. Of course, it’s unclear what standard (if any), would be applied to satisfy a Court.

Not only can these Applications be done without a person being able to defend themselves, but it appears that warrantless searches would be allowed. Of course, all of this is done in the name of public safety.

It’s not limited to getting an Order against a person — again, with no chance to defend themself. In addition, an Order can also be sought against the people who live with, or associate with, that person. So much for freedom of association.

To repeat, there is no requirement that the recipients of such Orders be charged or convicted of crimes. Simply having a Judge “believe reasonably” is sufficient. Certainly, it’s easier when only one side can be heard.

4. Recent Red Flag Laws In United States

Unfortunately, these types of laws are not limited to Canada, or to Liberals. Even in the United States, efforts to implement red-flag laws are growing. Here, then President Trump, a REPUBLICAN, supported taking the guns first. However, the full scale of that will be saved for another article.

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TSCE #9(G): Bit Of History – Bill C-30, Toews Gutting Internet Privacy Under Pretense Of Child Protection

On February 14, 2012, then-Public Safety Minister Vic Toews introduced Bill C-30 into the House of Commons. It would have forced internet providers to hand over customer data — without a warrant — to police during investigations. Even law abiding people had reason to be concerned, with just how broad and sweeping this Bill was. Anyhow, it didn’t get past 1st Reading.

1. Trafficking, Smuggling, Child Exploitation

Serious issues like smuggling or trafficking are routinely avoided in public discourse. Also important are the links between open borders and human smuggling; between ideology and exploitation; between tolerance and exploitation; between abortion and organ trafficking; or between censorship and complicity. Mainstream media will also never get into the organizations who are pushing these agendas, nor the complicit politicians. These topics don’t exist in isolation, and are interconnected.

2. Content Of Bill C-30

Obligations Concerning Subscriber Information
Provision of subscriber information
16. (1) On written request by a person designated under subsection (3) that includes prescribed identifying information, every telecommunications service provider must provide the person with identifying information in the service provider’s possession or control respecting the name, address, telephone number and electronic mail address of any subscriber to any of the service provider’s telecommunications services and the Internet protocol address and local service provider identifier that are associated with the subscriber’s service and equipment.
.
Purpose of the request
(2) A designated person must ensure that he or she makes a request under subsection (1) only in performing, as the case may be, a duty or function
(a) of the Canadian Security Intelligence Service under the Canadian Security Intelligence Service Act;
(b) of a police service, including any related to the enforcement of any laws of Canada, of a province or of a foreign jurisdiction; or
(c) of the Commissioner of Competition under the Competition Act.
.
Designated persons
(3) The Commissioner of the Royal Canadian Mounted Police, the Director of the Canadian Security Intelligence Service, the Commissioner of Competition and the chief or head of a police service constituted under the laws of a province may designate for the purposes of this section any employee of his or her agency, or a class of such employees, whose duties are related to protecting national security or to law enforcement.
.
Limit on number of designated persons
(4) The number of persons designated under subsection (3) in respect of a particular agency may not exceed the greater of five and the number that is equal to five per cent of the total number of employees of that agency.
Delegation
(5) The Commissioner of the Royal Canadian Mounted Police and the Director of the Canadian Security Intelligence Service may delegate his or her power to designate persons under subsection (3) to, respectively, a member of a prescribed class of senior officers of the Royal Canadian Mounted Police or a member of a prescribed class of senior officials of the Canadian Security Intelligence Service.

Miscellaneous Provisions
Facility and service information
24. (1) A telecommunications service provider must, on the request of a police officer or of an employee of the Royal Canadian Mounted Police or the Canadian Security Intelligence Service,
(a) provide the prescribed information relating to the service provider’s telecommunications facilities;
(b) indicate what telecommunications services the service provider offers to subscribers; and
(c) provide the name, address and telephone number of any telecommunications service providers from whom the service provider obtains or to whom the service provider provides telecommunications services, if the service provider has that information.

Persons engaged in interceptions
28. (1) A telecommunications service provider must, on the request of the Royal Canadian Mounted Police or the Canadian Security Intelligence Service, provide a list of the names of the persons who are employed by or carrying out work for the service provider who may assist in the interception of communications.

34. (1) An inspector may, for a purpose related to verifying compliance with this Act, enter any place owned by, or under the control of, any telecommunications service provider in which the inspector has reasonable grounds to believe there is any document, information, transmission apparatus, telecommunications facility or any other thing to which this Act applies.
.
Powers on entry
(2) The inspector may, for that purpose,
(a) examine any document, information or thing found in the place and open or cause to be opened any container or other thing;
(b) examine or test or cause to be tested any telecommunications facility or transmission apparatus or related equipment found in the place;
(c) use, or cause to be used, any computer system in the place to search and examine any information contained in or available to the system;
(d) reproduce, or cause to be reproduced, any information in the form of a printout, or other intelligible output, and remove the printout, or other output, for examination or copying; or
(e) use, or cause to be used, any copying equipment or means of telecommunication at the place.
.
Duty to assist
(3) The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the inspector to perform their functions under this section and must provide any documents or information, and access to any data, that are reasonably required for that purpose.
.
Inspector may be accompanied
(4) The inspector may be accompanied by any other person that they believe is necessary to help them perform their functions under this section.

Entry onto private property
36. An inspector and any person accompanying them may enter private property — other than a dwelling-house — and pass through it in order to gain entry to a place referred to in subsection 34(1). For greater certainty, they are not liable for doing so.
.
Use of force
37. In executing a warrant to enter a dwelling-house, an inspector may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer.

Does this sound like it’s about protecting kids online? The CPC became notorious for gaslighting Canadians over privacy concerns with the line: “Either you’re with us, or you’re with the child pornographers”. Concerns over this Bill wasn’t just limited to criminals and child predators. Anyone with any expectation of privacy from internet providers should be alarmed.

Remember the days when “Conservatives” at least pretended care about personal freedoms, such as privacy and property rights?

Who’s to say that elements of this won’t be, (or haven’t already been), slipped into other pieces of legislation? If it were more arranged in a more piece-meal fashion, it could pass.

3. Backlash Felt Over Privacy Concerns

Following the predictable public outrage, Toews backed down almost immediately, saying he would entertain amendments to the Bill. At that time, the Conservative Party held a majority in Parliament, so they could have passed it if they wanted to. In the end, Bill C-30 didn’t get past First Reading, and died in that session of Parliament.

Posted on

Provincial Health Acts Are Really Just WHO-IHR Domestically Implemented

Bill C-12 is the 2005 Quarantine Act, passed by Canada’s Parliament. It was heavily based on presumed changes to the International Health Regulations that the World Health Organization imposed. However, the problem has filtered down to the Provinces as well.

Strangely, it was only the Bloc Quebecois who voted against this. All other parties supported this Bill.

1. Other Articles On CV “Planned-emic”

The rest of the series is here. Many lies, lobbying, conflicts of interest, and various globalist agendas operating behind the scenes, obscuring the vile agenda called the GREAT RESET. The Gates Foundation finances: the WHO, the US CDC, GAVI, ID2020, John Hopkins University, Imperial College London, the Pirbright Institute, the BBC, and individual pharmaceutical companies. The International Health Regulations are legally binding. The Postmedia empire and the “independent” media are paid off, as are the fact-checkers. The virus was never isolated, PCR tests are a fraud, as are forced masks, social bubbles, and 2m distancing.

2. Important Links

https://www.ourcommons.ca/Committees/en/HESA/StudyActivity?studyActivityId=981075
https://www.ourcommons.ca/DocumentViewer/en/38-1/HESA/report-2/

(AB) https://www.qp.alberta.ca/documents/Acts/P37.pdf
(SK) https://www.canlii.org/en/sk/laws/stat/ss-1994-c-p-37.1/11022/ss-1994-c-p-37.1.html
(MB) https://web2.gov.mb.ca/laws/statutes/ccsm/p210e.php
(ON) https://healthunit.org/wp-content/uploads/Health_Protection_and_Promotion_Act.pdf

3. Canada’s Quarantine Act Written By WHO

As mentioned earlier, the International Health Regulations (IHR), that the WHO issues are legally binding on all Member States. Countries are expected to follow the directives that are sent, even if they are very much against national self interest.

In declaring this “pandemic”, Trudeau activated the 2005 Quarantine Act, a piece of legislation that violates many basic rights in the name of “public health”. However, Bill C-12 was actually written by the World Health Organization. What this means is that the Bill was drafted in anticipation of changes to the 3rd Edition of the IHR, which remain legally binding today.

But what about the Provinces? What is the situation with their Public Health Acts? Turns out that many of the clauses from the Quarantine Act are included, almost word for word?

4. British Columbia Public Health Act

Preventive measure
16 (1) Preventive measures include the following:
(a) being treated or vaccinated;
(b) taking preventive medication;
(c) washing with, applying or ingesting a substance, or having a substance injected or inserted;
(d) undergoing disinfection and decontamination measures;
(e) wearing a type of clothing or other personal protective equipment, or changing, removing or altering clothing or personal protective equipment;
(f) using a type of equipment or implementing a process, or removing or altering equipment or processes.
.
(2) A person subject to a regulation requiring preventive measures must not be in a place or do a thing that is prohibited by the regulation until the person has
(a)taken preventive measures as set out in the regulation, or
(b)if permitted by the regulation, made an objection under subsection (4).

General emergency powers
Division 2 — Order of the Minister
Minister may order temporary quarantine facility
.
26 (1)The minister may by order designate a place as a quarantine facility if the minister reasonably believes that the temporary use of the place for the purposes of isolating or detaining infected persons is necessary to protect public health.
.
(2) A person who has control of a place designated as a quarantine facility must provide the place to the minister or a medical health officer.

Division 3 — Orders Respecting Infectious Agents and Hazardous Agents
When orders respecting infectious agents and hazardous agents may be made
27 (1) A medical health officer may issue an order under this Division only if the medical health officer reasonably believes that
(a) a person
(i) is an infected person, or
(ii) has custody or control of an infected person or an infected thing, and
(b) the order is necessary to protect public health.
.
(2) An order may be issued based on clinical findings or a person’s or thing’s circumstances or medical history, even if the person or thing has been examined and the examination did not reveal the presence of an infectious agent or a hazardous agent.

General powers respecting infectious agents and hazardous agents
.
28 (1) If the circumstances described in section 27 [when orders respecting infectious agents and hazardous agents may be made] apply, a medical health officer may order a person to do anything that the medical health officer reasonably believes is necessary for either or both of the following purposes:
(a) to determine whether an infectious agent or a hazardous agent exists, or likely exists;
(b) to prevent the transmission of an infectious agent or a hazardous agent.

(2 ) A medical health officer may, in respect of an infected thing,
(a) make any order, with any necessary modifications, that can be made under this Division as if the infected thing were an infected person, and
(b) direct the order to any person having custody or control of the infected thing.

Specific powers respecting infectious agents and hazardous agents
.
29 (1) An order may be made under this section only
(a) if the circumstances described in section 27 [when orders respecting infectious agents and hazardous agents may be made] apply, and
(b) for the purposes set out in section 28 (1) [general powers respecting infectious agents and hazardous agents].
.
(2) Without limiting section 28, a medical health officer may order a person to do one or more of the following:
.
(a) remain in a specified place, or not enter a place;
(b) avoid physical contact with, or being near, a person or thing;
(c) be under the supervision or care of a specified person;
(d) provide to the medical health officer or a specified person information, records, samples or other matters relevant to the person’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 a hazardous agent by the person;
(e) be examined by a specified person, including
(i) going to a specified facility for examination, and
(ii) being examined before a particular date or according to a schedule;
(f) submit to diagnostic examination, including going to a specified facility or providing the results to a specified person;
(g) take preventive measures, including
(i) going to a specified facility for preventive measures,
(ii) complying with preventive measures set out in the order, specified by a medical practitioner or nurse practitioner, or both, and
(iii) beginning preventive measures before a particular date, and continuing until a particular date or event;
(h) 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 medical health officer any relevant record;

(I ) take a prescribed action.
.
(3) For greater certainty, this section applies even if the person subject to the order is complying with all terms and conditions of a licence, a permit, an approval or another authorization issued under this or any other enactment.

54 (1) A health officer may, in an emergency, do one or more of the following:
(a) act in a shorter or longer time period than is otherwise required;
(b) not provide a notice that is otherwise required;
(c) do orally what must otherwise be done in writing;
(d) in respect of a licence or permit over which the health officer has authority under section 55 [acting outside designated terms during emergencies] or the regulations, suspend or vary the licence or permit without providing an opportunity to dispute the action;
(e) specify in an order a facility, place, person or procedure other than as required under section 63 [power to establish directives and standards], unless an order under that section specifies that the order applies in an emergency;
(f) omit from an order things that are otherwise required;
(g) serve an order in any manner;
(h) not reconsider an order under section 43 [reconsideration of orders], not review an order under section 44 [review of orders] or not reassess an order under section 45 [mandatory reassessment of orders];
(i) exempt an examiner from providing examination results to an examined person;
(j) conduct an inspection at any time, with or without a warrant, including of a private dwelling;
(k) collect, use or disclose information, including personal information,
(i) that could not otherwise be collected, used or disclosed, or
(ii) in a form or manner other than the form or manner required.

Under Section 54 the B.C. Public Health Act, during emergencies (or self-identified emergencies), Health Officers can have any place inspected at any time. A person can be examined, and the results of that exam withheld from him/her. Business can be shut down, without any recourse to challenge it. Health Officers can do things with oral only notice, or with no notice at all, and these privileges can be extended longer than need be.

Under Section 16 of the Act, a person can be ordered to be: vaccinated; medicated; ingest or insert something, and other invasive procedures. Section 26 of the Act allows the Health Minister to take any property and convert it into a quarantine facility. Sections 27 through 29 allows a Medical Health Officer – in this case, Bonnie Henry – virtual dictatorial powers over other people’s lives and livelihoods.

Worth clarifying, these “Health Officers” or “Medical Officers” are not elected by the public in any capacity. They cannot be voted out of their positions, regardless of the sentiments of the general population.
The Act of course is much, much longer than this. However, it is truly stunning just how much power unelected Health Officers are given over other people’s lives. And in B.C., all parties are apparently okay with handing over their duties.

Sure, the B.C. Public Health Act gives bureaucrats that power, but who wrote the Act in the first place? Who was responsible for handing over that power to begin with? This Act was written and voted on by MLAs (Members of Legislative Assembly), who are, in theory, accountable to voters.

A cynic might wonder if MLAs made this law in order to avoid making themselves accountable for decisions they make. Here at least, they can claim it’s not them, and that they are simply following the advice of health professionals.

It’s interesting that the B.C Health Act was assented to (made law) in 2008. The 3rd Edition of WHO’s International Health Regulations came into effect in 2005, and Canada’s 2005 Quarantine Act was heavily based on those IHR. The B.C. Act contains much of the same information and powers as the WHO/Federal documents, and it’s fair to assume that the content was derived from them.

Of course, this is hardly limited to B.C. Other Provinces have their own version of a Provincial Health Act, and they carry many of the same powers. This includes: Alberta , Saskatchewan , Manitoba , among others. What these Acts all have in common is they give broad, sweeping powers to bureaucrats who are not elected by the public, and who cannot be voted out. Looking at Alberta:

5. Alberta Public Health Act

Powers of Chief Medical Officer
.
14(1) The Chief Medical Officer
.
(a) shall, on behalf of the Minister, monitor the health of Albertans and make recommendations to the Minister and regional health authorities on measures to protect and promote the health of the public and to prevent disease and injury,
.
(b) shall act as a liaison between the Government and regional health authorities, medical officers of health and executive officers in the administration of this Act,
.
(c) shall monitor activities of regional health authorities, medical officers of health and executive officers in the administration of this Act, and
.
(d) may give directions to regional health authorities, medical officers of health and executive officers in the exercise of their powers and the carrying out of their responsibilities under this Act.

(2) Where the Chief Medical Officer is of the opinion that a medical officer of health or executive officer is not properly exercising powers or carrying out duties under this Act in respect of a matter, the Chief Medical Officer may assume the powers and duties of the medical officer of health or executive officer in respect of the matter and act in that person’s place.

Isolation, Quarantine and Special Measures
.
Isolation and quarantine
.
29(1) A medical officer of health who knows of or has reason to suspect the existence of a communicable disease or a public health emergency within the boundaries of the health region in which the medical officer of health has jurisdiction may initiate an investigation to determine whether any action is necessary to protect the public health.
(2) Where the investigation confirms the presence of a communicable disease, the medical officer of health
(a) shall carry out the measures that the medical officer of health is required by this Act and the regulations to carry out, and
(b) may do any or all of the following:
(i) take whatever steps the medical officer of health considers necessary
(A) to suppress the disease in those who may already have been infected with it,
(B) to protect those who have not already been exposed to the disease,
(C) to break the chain of transmission and prevent spread of the disease, and
(D) to remove the source of infection;
(ii) by order
(A) prohibit a person from attending a school,
(B) prohibit a person from engaging in the person’s occupation, or
(C) prohibit a person from having contact with other persons or any class of persons for any period and subject to any conditions that the medical officer of health considers appropriate, where the medical officer of health determines that the person’s engaging in that activity could transmit an infectious agent;
.
(iii) issue written orders for the decontamination or destruction of any bedding, clothing or other articles that
have been contaminated or that the medical officer of health reasonably suspects have been contaminated.
(2.1) Where the investigation confirms the existence of a public health emergency, the medical officer of health
(a) has all the same powers and duties in respect of the public health emergency as he or she has under subsection (2) in the case of a communicable disease, and
(b) may take whatever other steps are, in the medical officer of health’s opinion, necessary in order to lessen the impact of the public health emergency.

Sections 13 to 15 of Alberta’s Public Health Act outline how a Medical Health Officer is appointed, and the vast powers available to that person. In Alberta, that is currently Deena Hinshaw. Like Bonnie Henry, she is not elected, and cannot be held directly liable to the public for anything that she does.

Pages 25 through 31 of the most recent version of that Act relate to quarantine measures, epidemics, and how the average person’s rights can be suspended almost indefinitely under the pretense of “public safety”. It reads like the Provincial counterpart to the Quarantine Act, which of course, was dictated by the WHO.

Pages 39 through 51 cover Section 52 of the Alberta Public Health Act. It gives sweeping powers to unelected bureaucrats in the name of safety. The content of that Section reads almost beat for beat identical to that of the Quarantine Act. Moving on to Saskatchewan, we get this piece of legislation:

6. Saskatchewan Public Health Act

CONTROL OF EPIDEMICS Orders
.
45(1) The minister may make an order described in subsection (2) if the minister believes, on reasonable grounds, that:
.
(a) a serious public health threat exists in Saskatchewan; and (b) the requirements set out in the order are necessary to decrease or eliminate the serious public health threat. (2) An order pursuant to this section may: (a) direct the closing of a public place;
.
(b) restrict travel to or from a specified area of Saskatchewan;
.
(c) prohibit public gatherings in a specified area of Saskatchewan;
.
(d) in the case of a serious public health threat that is a communicable disease, require any person who is not known to be protected against the communicable disease:
(i) to be immunized or given prophylaxis where the disease is one for which immunization or prophylaxis is available; or
(ii) to be excluded from school until the danger of infection is past where the person is a pupil;
.
(e) establish temporary hospitals;
.
(f) require a local authority, a medical health officer or a public health officer to investigate matters relating to the serious public health threat and report to the minister the results of the investigation;
.
(g) require any person who, in the opinion of the minister or medical health officer, is likely to have information that is necessary to decrease or eliminate the serious public health threat to disclose that information to the minister or a medical health officer;
.
(h) authorize public health officers, peace officers or prescribed persons to confiscate substances or other materials found in any place, premises or vehicle, if those substances or materials are suspected by the public health officer, peace officer or prescribed person of causing or contributing to a serious public health threat or packages, containers or devices containing or suspected of containing any of those substances or materials;
.
(i) in the case of a serious public health threat that is a communicable disease, require any person to be isolated from other persons until a medical health officer is satisfied that isolation is no longer necessary to decrease or eliminate the transmission of a communicable disease.

Preventive detention order
45.1(1) If a person fails to comply with an order pursuant to clause 45(2)(i) and a medical health officer believes on reasonable grounds that the person is endangering the lives, safety or health of the public because the person is or probably is infected with, or has been or might have been exposed to, a communicable disease, the medical health officer may detain the person for a period not exceeding the prescribed period of transmissibility of the disease.

(2) A person detained by a medical health officer pursuant to subsection (1) may request a review of his or her detention by application to the Court of Queen’s Bench served on the minister, and the court may make any order with respect to the detention or the release of the person that the court considers appropriate, having regard to the danger to the lives, safety or health of the public.

In similar fashion, Saskatchewan has their own Public Health Act, which has undergone several revisions since the 1990s. It allows for freedoms and liberties to be suspended on even the vaguest suspicion that a person may have an infectious disease. It also allows for property to be seized, and people to be detained.

Things like public gatherings, and freedom of citizens to travel can also be suspended indefinitely under the guise of safety.

Note: as with all of these cases, it’s not the politicians doing the dirty work. It’s the various “experts” who call themselves Chief Medical Officers (or similar titles). This provides cover to elected officials, who want to stamp out civil rights, but don’t want to get their own hands dirty in the process. Now, about Manitoba:

7. Manitoba Public Health Act

PART 6
PUBLIC HEALTH EMERGENCY
Public health emergency
67(1) The chief public health officer may take one or more of the special measures described in subsection (2) if he or she reasonably believes that
(a) a serious and immediate threat to public health exists because of an epidemic or threatened epidemic of a communicable disease; and
(b) the threat to public health cannot be prevented, reduced or eliminated without taking special measures.

Special measures
67(2) The chief public health officer may take the following special measures in the circumstances set out in subsection (1):
(a) issue directions, for the purpose of managing the threat, to a regional health authority, health corporation, health care organization, operator of a laboratory, operator of a licensed emergency medical response system, health professional or health care provider, including directions about
(i) identifying and managing cases,
(ii) controlling infection,
(iii) managing hospitals and other health care facilities and emergency medical response services, and
(iv) managing and distributing equipment and supplies;
(a.1) issue an order prohibiting or restricting persons from travelling to, from or within a specified area, or requiring persons who are doing so to take specified actions;
(b) order the owner, occupant or person who appears to be in charge of any place or premises to deliver up possession of it to the minister for use as a temporary isolation or quarantine facility;
(c) order a public place or premises to be closed;
(d) order persons not to assemble in a public gathering in a specified area;
(d.1) order persons to take specified measures to prevent the spread of a communicable disease, including persons who arrive in Manitoba from another province, territory or country;
(e) order a person who the chief public health officer reasonably believes is not protected against a communicable disease to do one or both of the following:
(i) be immunized, or take any other preventive measures,
(ii) refrain from any activity or employment that poses a significant risk of infection, until the chief public health officer considers the risk of infection no longer exists;
(f) order an employer to exclude from a place of employment any person subject to an order under subclause (e)(ii).

Manitoba’s Public Health Act allows the Chief Medical Officer, and the operatives, to effectively suspend basic civil rights indefinitely. Of course this is “for your safety”, the ever present excuse. Basic liberties such as free association, freedom to peacefully assemble, and freedom to earn a livelihood can be stopped.

Note: the Act was assented to on June 13, 2006, a year after the Federal Quarantine Act, and the 3rd Edition of the International Health Regulations were implemented. The obvious implication is that this Act is just Manitoba enacting its own version.

Section 10 of the Act mandates that a Chief Medical Officer be named. Currently, that is Brent Roussin. In November, he caused a scandal when he openly admitted that public health orders don’t apply to public officials. Not leading by example.

8. Ontario Health Protection & Promotion Act

PART VI.1 PROVINCIAL PUBLIC HEALTH POWERS
.
Chief Medical Officer of Health may act where risk to health
.
77.1 (1) If the Chief Medical Officer of Health is of the opinion that a situation exists anywhere in Ontario that constitutes or may constitute a risk to the health of any persons, he or she may investigate the situation and take such action as he or she considers appropriate to prevent, eliminate or decrease the risk. 2007, c. 10, Sched. F, s. 15.
.
Same (2) For the purpose of subsection
.
(1), the Chief Medical Officer of Health,
.
(a) may exercise anywhere in Ontario,
(i) any of the powers of a board of health, including the power to appoint a medical officer of health or an associate medical officer of health, and (ii) any of the powers of a medical officer of health; and
.
(b) may direct a person whose services are engaged by a board of health to do, anywhere in Ontario, whether within or outside the health unit served by the board of health, any act,
(i) that the person has power to do under this Act, or
(ii) that the medical officer of health for the health unit served by the board of health has authority to direct the person to do within the health unit. 2007, c. 10, Sched. F, s. 15.
.
Authority and duty of person directed to act
(3) If the Chief Medical Officer of Health gives a direction under clause (2) (b) to a person whose services are engaged by a board of health, (a) the person has authority to act, anywhere in Ontario, whether within or outside the health unit served by the board of health, to the same extent as if the direction had been given by the medical officer of health of the board of health and the act had been done in the health unit; and (b) the person shall carry out the direction as soon as practicable. 2007, c. 10, Sched. F, s. 15. Section 22 powers
.
(4) For the purpose of the exercise by the Chief Medical Officer of Health under subsection (2) of the powers of a medical officer of health, a reference in section 22 to a communicable disease shall be deemed to be a reference to an infectious disease. 2007, c. 10, Sched. F, s. 15. Application to judge where risk to health 77.2 (1) If the Chief Medical Officer of Health is of the opinion that a situation exists anywhere in Ontario that constitutes or may constitute a risk to the health of any persons, he or she may apply to a judge of the Superior Court of Justice for an order under subsection (2). 2007, c. 10, Sched. F, s. 15.

Possession of premises for temporary isolation facility
.
77.4 (1) The Minister, in the circumstances mentioned in subsection (3), by order may require the occupier of any premises to deliver possession of all or any specified part of the premises to the Minister to be used as a temporary isolation facility or as part of a temporary isolation facility. 2007, c. 10, Sched. F, s. 15.
.
Extension
(2) An order under subsection (1) shall set out an expiry date for the order that is not more than 12 months after the day of its making and the Minister may extend the order for a further period of not more than 12 months. 2007, c. 10, Sched. F, s. 15.
.
Grounds for order
(3) The Minister may make an order under subsection (1) where the Chief Medical Officer of Health certifies in writing to the Minister that, (a) there exists or there is an immediate risk of an outbreak of a communicable disease anywhere in Ontario; and (b) the premises are needed for use as a temporary isolation facility or as part of a temporary isolation facility in respect of the communicable disease. 2007, c. 10, Sched. F, s. 15.

Ontario has the 2007 Health Protection and Promotion Act. The wording and powers are very similar to other Provinces, and to the Federal Quarantine Act. The timing is also suspicious, given that this was implemented soon after the 2005 International Health Regulations and the Federal legislation.

In Ontario, the Chief Medical Officer is David Williams, and the Deputy Medical Officer is Barbara Yaffe. As with the other so-called experts, these people are not elected, and have no real accountability to the public. Both have made very interesting statements about how dangerous this “pandemic” really is. More on them later.

9. These Acts Strip Away Basic Rights

At no time is there a requirement for there to be PROOF of a public health emergency to act on these powers. These Chief Medical Officers can simply claim that they “reasonably believe”, and that is sufficient.

Provincially and Federally, politicians write laws that allow unelected bureaucrats almost free reign to impose whatever measures they want. Of course, they don’t write content of the laws, but follow the instructions of a supra-national body that is accountable to no one.

This only covers 5 Provinces, however, they all have similar laws. If there is time, a Part II will be published to cover the others.