TSCE #5(B): Child Exploitation, And Other Private Members’ Bills

Private Member’s Bill C-219, introduced by John Nater, would have raised the criminal penalties for child sexual exploitation, and sexual exploitation of a child with a disability. This is one of several interesting bills pending before Parliament.

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. Mandatory Minimums For Child Exploitation

Criminal Code
1 Paragraph 153(1.‍1)‍(b) of the Criminal Code is replaced by the following:
(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of one year.
.
2 Paragraphs 153.‍1(1)‍(a) and (b) of the Act are replaced by the following:
(a) an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or
(b) an offence punishable on summary conviction and liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of one year.
.
3 The Act is amended by adding the following after section 286.‍1:
Aggravating circumstance — person with a disability
286.‍11 When a court imposes a sentence for an offence referred to in subsection 286.‍1(1) or (2), it shall consider as an aggravating circumstance the fact that the victim of the offence is a person with a mental or physical disability.

This bill, if passed, would have amended the criminal code, and made sexual exploitation an offence with a mandatory 1 year minimum jail sentence, even if it was tried summarily. Furthermore, it would have added a 1 year minimum to exploitation (summarily or by indictment), if the victim had a disability.

While 1 year is still very lenient, it would at least be a step in the right direction. Bills from Private Members often go nowhere, but this should be an issue everyone can agree on.

Interestingly, this bill was brought up in the last Parliament — Bill C-424 — but never got past first reading. Again, it should be something that everyone can agree is beneficial to society.

3. Property Rights From Expropriation

Expropriation Act
1 Section 10 of the Expropriation Act is amended by adding the following after subsection (11):
Exception
(11.‍1) Subsection (11) does not apply if the interest or right to which the notice of intention relates is intended to be expropriated by the Crown for the purpose of restoring historical natural habitats or addressing, directly or indirectly, climate variability, regardless of whether or not that purpose is referred to in the notice or described in the notice as the primary purpose of the intended expropriation.
.
2 Section 19 of the Act is amended by adding the following after subsection (2):
Exception
(3) Subsection (2) does not apply if the interest or right to which the notice of confirmation relates is intended to be expropriated by the Crown for the purpose of restoring historical natural habitats or addressing, directly or indirectly, climate variability, regardless of whether or not that purpose is referred to in the notice of intention or described in the notice of intention as the primary purpose of the intended expropriation.

Bill C-222 was introduced by Cheryl Gallant, and would prevent the Canadian Government from forcibly taking your land in order to turn it into a heritage site, or in some convoluted effort to fight climate change. It would amend the Expropriation Act to prevent exactly that.

Gallant was also the only MP to vote against the Liberal Motion to formally adopt the Paris Accord. She voted no, while “conservative” either voted for it, or abstained.

4. Quebec Multiculturalism Exemption

Bloc Quebecois MP Luc Theriault introduced Bill C-226, to exempt Quebec from the Multiculturalism Act. Now there is nothing wrong with wanting to protect your own heritage and culture. However, Quebec is rather hypocritical in simultaneously pushing theirs on other people.

5. Addressing Environmental Racism

Bill C-230 is to address environmental racism.
I have no words for this Bill by Lenore Zann.

6. Social Justice In Pension Plan

Canada Pension Plan Investment Board Act
1 Section 35 of the Canada Pension Plan Investment Board Act is renumbered as subsection 35(1) and is amended by adding the following:
Considerations
(2) The investment policies, standards and procedures, taking into account environmental, social and governance factors, shall provide that no investment may be made or held in an entity if there are reasons to believe that the entity has performed acts or carried out work contrary to ethical business practices, including
(a) the commission of human, labour or environmental rights violations;
(b) the production of arms, ammunition, implements or munitions of war prohibited under international law; and
(c) the ordering, controlling or otherwise directing of acts of corruption under any of sections 119 to 121 of the Criminal Code or sections 3 or 4 of the Corruption of Foreign Public Officials Act.

Bill C-231, from Alistair MacGregor, would have cut off CPPIB (the Canadian Pension Plan Investment Board), from investing in areas where any of the above are breached. This is a good idea in principle, even if the details are sparse.

7. Ban On Sex-Selective Abortion

cpc.policy.declaration

Bill C-233, from Cathay Wagantall, would make it illegal to abort children because of sex. In short, this means targeting female babies. However, it isn’t clear how this would work. Article 70 in the policy declaration says there will be no attempt to pass any abortion legislation, and Article 73 says that foreign aid shouldn’t be given to provide for abortion.

So killing children is okay, as long as it’s done in Canada, and the gender of the baby is not a factor. Makes sense to me.

8. Lowered Voting Age, Conversion Therapy

There are currently two bills: C-240, and S-219, which would lower the voting age to 16. Aside from being a bad idea, this seems a little redundant. There is also S-202, to ban conversion therapy. So, we want 16 year olds to be able to vote, and decide what gender they want to be.

9. National School Food Program

If you want the school to become more of a parent, there is Bill C-201 by Don Davies to do exactly that. It was previously Bill C-446. Now, let’s look at some non-Canadian content.

10. California Lowering Penalties For Anal

https://twitter.com/Scott_Wiener/status/1291406895878553600

San Francisco – Today, Senator Scott Wiener (D-San Francisco) introduced Senate Bill 145 to end blatant discrimination against LGBT young people regarding California’s sex offender registry. Currently, for consensual yet illegal sexual relations between a teenager age 15 and over and a partner within 10 years of age, “sexual intercourse” (i.e., vaginal intercourse) does not require the offender to go onto the sex offender registry; rather, the judge decides based on the facts of the case whether sex offender registration is warranted or unwarranted. By contrast, for other forms of intercourse — specifically, oral and anal intercourse — sex offender registration is mandated under all situations, with no judicial discretion.

This distinction in the law — which is irrational, at best — disproportionately targets LGBT young people for mandatory sex offender registration, since LGBT people usually cannot engage in vaginal intercourse. For example, if an 18 year old straight man has vaginal intercourse with his 17 year old girlfriend, he is guilty of a crime, but he is not automatically required to register as a sex offender; instead, the judge will decide based on the facts of the case whether registration is warranted. By contrast, if an 18 year old gay man has sex with his 17 year old boyfriend, the judge *must* place him on the sex offender registry, no matter what the circumstances.

Until recently, that sex offender registration was for life, even though the sex was consensual. Under 2017 legislation authored by Senator Wiener, registration. Is for a minimum of 10 years, still a harsh repercussion for consensual sex.

SB 145 does not change whether or not particular behavior is a crime and does not change the potential sentence for having sex with an underage person. Rather, the bill simply gives judges the ability to evaluate whether or not to require registration as a sex offender. To be clear, this judicial discretion for sex offender registration is *already* the law for vaginal intercourse between a 15-17 year old and someone up to 10 years older. SB 145 simply extends that discretion to other forms of intercourse. A judge will still be able to place someone on the registry if the behavior at issue was predatory or otherwise egregious. This change will treat straight and LGBT young people equally, end the discrimination against LGBT people, and ensure that California stops stigmatizing LGBT sexual relationships.

California State Senator Scott Wiener, in 2019 introduced Senate Bill SB 145, to stop men who have sex with 15, 16, and 17 year old boys from automatically becoming registered sex offenders. Here is the text of the bill.

The Bill has predictably received plenty of backlash. Criticism of it, however, has been dismissed as homophobia and anti-Semitism. Of course, a better alternative might be to RAISE the age of consent to 18 all around. That would do more to protect children.

If this seems familiar, it should. In 2016, Trudeau introduced Bill C-32, to lower the age of consent for anal sex. Eventually, it was slipped into Bill C-75, which not only reduced the penalties for many child sex crimes, but for terrorism offences as well.

11. New Zealand Loosens Abortion Laws

While New Zealand claimed to be in the middle of a pandemic, Parliament figured now is a good time to have easier access to abortion, even up to the moment of birth. Some really conflicting views on life. See Bill 310-1. Also, their “internet harm” bill seems like a threat to free speech.

Of course, that is not all that New Zealand has been up to lately. There is also taking people to quarantine camps, and denying them leave if they don’t consent to being tested. Yet, the PM thinks that critics are “conspiracy theorists”.

12. Know What Is Really Going On

Yes, this article was a bit scattered, but meant to bring awareness to some of the issues going on behind the scenes. The mainstream media (in most countries) will not cover important issues in any meaningful way. As such, people need to spend the time researching for themselves.

Bill introduced privately can actually be more interesting than what Governments typically put forward. Though they often don’t pass, they are still worth looking at.

Canada’s Bill C-71: Backdoor Gun Registry

(Bill C-71, to restore the long gun registry)

One thing to point out right away: this bill is much more manageable to read than Bill C-69

CLICK HERE, for the full text of Bill C-71.

CLICK HERE, for the 1995 Firearms Act.
CLICK HERE, for Bill C-19, Ending The Long Gun Registry Act
CLICK HERE, for the 2015 Economic Action Plan Act

Here are some noteworthy changes


5(2) of Firearms Act
ORIGINAL

(c) has a history of behaviour that includes violence or threatened or attempted violence on the part of the person against any person.

REPLACEMENT
(2) Subsection 5(2) of the Act is amended by striking out “or” at the end of paragraph (b) and by replacing paragraph (c) with the following:

(c) has a history of behaviour that includes violence or threatened or attempted violence or threatening conduct on the part of the person against any person;
(d) is or was previously prohibited by an order — made in the interests of the safety and security of any person — from communicating with an identified person or from being at a specified place or within a specified distance of that place, and presently poses a threat or risk to the safety and security of any person;
(e) in respect of an offence in the commission of which violence was used, threatened or attempted against the person’s intimate partner or former intim­ate partner, was previously prohibited by a prohibition order from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition; or
(f) for any other reason, poses a risk of harm to any person.

For greater certainty

(2.‍1) For greater certainty, for the purposes of paragraph (2)‍(c), threatened violence and threatening conduct include threats or conduct communicated by the person to a person by means of the Internet or other digital network


19(1.1) and (2) of Firearms Act
ORIGINAL

Target practice or competition

(1.1) In the case of an authorization to transport issued for a reason referred to in paragraph (1)(a) within the province where the holder of the authorization resides, the specified places must include all shooting clubs and shooting ranges that are approved under section 29 and that are located in that province.
Marginal note:

Exception for prohibited firearms other than prohibited handguns
(2) Despite subsection (1), an individual must not be authorized to transport a prohibited firearm, other than a handgun referred to in subsection 12(6.1), between specified places except for the purposes referred to in paragraph (1)(b)

REPLACEMENT

4 (1) Subsections 19(1.‍1) and (2) of the Act are replaced by the following:

Target practice or competition

(1.‍1) In the case of an authorization to transport issued for a reason referred to in paragraph (1)‍(a) within the province where the holder of the authorization resides, the specified places must — except in the case of an authorization that is issued for a prohibited firearm referred to in subsection 12(9) — include all shooting clubs and shooting ranges that are approved under section 29 and that are located in that province.

Exception for prohibited firearms other than prohibited handguns

(2) Despite subsection (1), an individual must not be authorized to transport a prohibited firearm — other than a handgun referred to in subsection 12(6.‍1) or a prohibited firearm referred to in subsection 12(9) — between specified places except for the purposes referred to in paragraph (1)‍(b).


Section 23 of Firearms Act
ORIGINAL

Authorization to transfer non-restricted firearms
23 A person may transfer a non-restricted firearm if, at the time of the transfer,
(a) the transferee holds a licence authorizing the transferee to acquire and possess that kind of firearm; and
(b) the transferor has no reason to believe that the transferee is not authorized to acquire and possess that kind of firearm.
1995, c. 39, s. 23; 2003, c. 8, s. 17; 2012, c. 6, s. 11; 2015, c. 27, s. 7.
Previous Version
Marginal note:

Voluntary request to Registrar
23.1 (1) A transferor referred to in section 23 may request that the Registrar inform the transferor as to whether the transferee, at the time of the transfer, holds and is still eligible to hold the licence referred to in paragraph 23(a), and if such a request is made, the Registrar or his or her delegate, or any other person that the federal Minister may designate, shall so inform the transferor.
Marginal note:

No record of request
(2) Despite sections 12 and 13 of the Library and Archives of Canada Act and subsections 6(1) and (3) of the Privacy Act, neither the Registrar or his or her delegate nor a designated person shall retain any record of a request made under subsection (1).

REPLACEMENT

5 Sections 23 and 23.‍1 of the Act are replaced by the following:

Authorization to transfer non-restricted firearms

23 (1) A person may transfer one or more non-restricted firearms if, at the time of the transfer,
(a) the transferee holds a licence authorizing the transferee to acquire and possess a non-restricted firearm;
(b) the Registrar has, at the transferor’s request, issued a reference number for the transfer and provided it to the transferor; and
(c) the reference number is still valid.

Information — transferee’s licence

(2) The transferee shall provide to the transferor the prescribed information that relates to the transferee’s licence, for the purpose of enabling the transferor to request that the Registrar issue a reference number for the transfer.

Reference number

(3) The Registrar shall issue a reference number if he or she is satisfied that the transferee holds and is still eligible to hold a licence authorizing them to acquire and possess a non-restricted firearm.

Period of validity

(4) A reference number is valid for the prescribed period.

Registrar not satisfied

(5) If the Registrar is not satisfied as set out in subsection (3), he or she may so inform the transferor.


Ending the Long Gun Registry Act of 2012
ORIGINAL

Non-application
(3) Sections 12 and 13 of the Library and Archives of Canada Act and subsections 6(1) and (3) of the Privacy Act do not apply with respect to the destruction of the records and copies referred to in subsections (1) and (2).

(4) If section 29 of the other Act comes into force before section 17 of this Act, then that section 17 is replaced by the following:
17. Paragraph 38(1)(a) of the Act is replaced by the following:
(a) holds a licence to possess that kind of firearm and, in the case of a prohibited firearm or a restricted firearm, a registration certificate and an authorization to transport the firearm; and

(5) If section 17 of this Act comes into force before section 29 of the other Act, then, on the day on which that section 29 comes into force, paragraph 38(1)(a) of the Firearms Act is replaced by the following:
(a) holds a licence to possess that kind of firearm and, in the case of a prohibited firearm or a restricted firearm, a registration certificate and an authorization to transport the firearm; and

(6) If section 29 of the other Act comes into force on the same day as section 17 of this Act, then that section 17 is deemed to have come into force before that section 29 and subsection (5) applies as a consequence.

(7) On the first day on which both section 30 of the other Act and section 17 of this Act are in force, paragraphs 40(1)(b) and (c) of the Firearms Act are replaced by the following:
(b) the individual produces a licence authorizing him or her to possess that kind of firearm;
(c) in the case of a prohibited firearm or a restricted firearm, the individual holds an authorization to transport it and satisfies the customs officer that the individual holds a registration certificate for the firearm; and

REPLACEMENT

Ending the Long-gun Registry Act

Amendments to the Act

2015, c. 36, s. 230

23 (1) Subsection 29(3) of the Ending the Long-gun Registry Act is deemed never to have been amended by section 230 of the Economic Action Plan 2015 Act, No. 1.

2015, c. 36, s. 230

(2) Subsections 29(4) to (7) of the Ending the Long-gun Registry Act are deemed never to have come into force and are repealed.

2015, c. 36, s. 231

24 Section 30 of the Ending the Long-gun Registry Act is deemed never to have come into force and is repealed.


Biggest takeaway here is that Bill C-71 is an effort to resurrect the Long Gun Registry

While there are some virtue signals about safety, the main objective is clearly undoing the 2011-2012 legislation.