Category: China

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TSCE #14(D): Hypocrisy On Politicians Condemning Chinese Human Rights Abuses

While Canadians’ lives and livelihoods are destroyed by Governments using the false narrative of a “global pandemic”, Conservatives take the time to virtue signal about their disgust with China. While it’s abhorrent what goes on there, human rights abuses locally are ignored.

The ironically named “Official Opposition” complains about forced sterilization and genocide in China. However they support mass vaccination of Canadians, even though it may cause something similar.

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. Parliamentary Petitions: February 5, 2020

https://parlvu.parl.gc.ca/Harmony/en/PowerBrowser/PowerBrowserV2/20210205/-1/34651

Seriously, how many of these petitions are needed to signal how evil China is? This is just grandstanding at this point. 9 were introduced in just one day of Parliament.

Now, even though all of these motions are excessive, it’s possible that politicians will strongly condemn the abuses that have happened in Canada and abroad this last year, right? Surely, they are outraged about the loss of freedom and opportunities that Canadians have suffered through no fault of their own. Well, it’s not so simple.

3. Bill S-240: Travelling To Obtain Organs

February 26, 2019 — House Committee

February 27, 2019 — House Committee

Bill S-240 would make it a crime for Canadians to go abroad to purchase or obtain organs for transplant, if there was a lack of consent. Specifically, this is designed at cutting down organ trafficking, and stopping the financial incentives for doing this.

Surely, politicians this committed to combatting human rights abuses must also want that applied at home, right? They would want their own citizens to have their rights protected, and be free victimization, correct? As it turns out, that is not really the case.

4. CPC Silence Canadian Human Rights Abuses

MOTION TEXT
That the Standing Committee on Health be instructed to undertake a study on the emergency situation facing Canadians in light of the second wave of the COVID-19 pandemic, and that this study evaluate, review and examine any issues relevant to this situation, such as, but not limited to:
.
(a) rapid and at-home testing approvals and procurement process and schedule, and protocol for distribution;
.
(b) vaccine development and approvals process, procurement schedules, and protocol for distribution;
.
(c) federal public health guidelines and the data being used to inform them for greater clarity on efficacy;
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(d) current long-term care facility COVID-19 protocols as they pertain solely to federal jurisdiction;
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(e) the availability of therapeutics and treatment devices for Canadians diagnosed with COVID-19;
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(f) the early warning system, Global Public Health Intelligence Network (GPHIN);
.
(g) the government’s progress in evaluating pre- and post-arrival rapid testing for travellers;
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(h) the availability of paid sick leave for those in need, including quarantine and voluntary isolation;
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(i) the adequacy of health transfer payments to the provinces, in light of the COVID-19 crisis;
.
(j) the impact of the government’s use of World Heath Organization (WHO) advice in early 2020 to delay the closure of borders and delay in the recommendation of wearing of masks on the spread of COVID-19 in Canada;
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(k) the Public Health Agency of Canada’s communication strategy regarding COVID-19;
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(l) the development, efficacy and use of data related to the government’s COVID Alert application;
.
(m) Canada’s level of preparedness to respond to another pandemic;
.
(n) the availability of personal protective equipment (PPE) in Canada and a review of Canada’s emergency stockpile of PPE between 2015 and present;
.
(o) the government’s contact tracing protocol, including options considered, technology, timelines and resources;
.
(p) the government’s consideration of and decision not to invoke the federal Emergencies Act;

That Motion was voted on in the the House of Commons on October 26, 2020. Notice that at no time is any concern shown for the people (Canadians) whose human rights have been abused under this false pretense of a viral pandemic.

No question about the validity of the virus isolation itself. Do public health officials even know what they are looking for?

No question about the extremely high false positive rates of the RT-PCR test. Sure, they may not work at all, but let’s get them out faster.

No question about the bogus and fraudulent modelling, used by opportunistic people to generate fear and coerce compliance.

No question about the serious possibility of data and privacy breaches from this “contact tracing” system.

No question is raise “why” Canada is part of the WHO, when its dictates are legally binding on Canada. No issue with the erosion of national sovereignty.

Even on quarantine itself, the Conservatives seem to have no problem with this happening. The only concern raised is one of paid leave.

No mention (even outside of Parliament), of tyrants like Doug Ford, Brian Pallister and Francois Legault imposing draconian measures on their residents.

No concern for the people who have died — unnecessarily — in large part because hospital and preventative medical care has been delayed or cancelled.

No concern for the deteriorating mental health of Canadians, the suicides, the loneliness and isolation, all caused by perpetuating this hoax.

Politicians feign outrage at people being unable to practice their religion in China, but shutting down religious institutions is fine when done within Canada.

4. Infanticide Okay If Applied Equally

How’s this for mental gymnastics? Abortion — or infanticide — is not banned because it is immoral, or ethically reprehensible. That said, as long as all babies are free to be aborted (and not because of their sex), there’s nothing wrong with it in the eyes of “conservatives”. Private Member’s Bill C-233 would have done exactly that.

Mass murder is okay, as long as it’s done without any consideration of race or sex. Equal opportunity chance for death. Sounds pretty communist.

5. FIPA Treaty With China Wasn’t A Problem

China may have a long history of human rights abuses. But that apparently is no reason not to sign a 31 year treaty with them, FIPA, one which erodes Canadian sovereignty.

6. Selective Concern For Human Rights

What about the Reserves in Canada? What about the Indian Act, which is itself removing people’s rights to autonomy and self-governance? What about lack of clean water and health care available?

What about Canadian military veterans who aren’t having their benefits agreements honoured, despite risking their lives for the country?

What about a growing amount of Canadians who live in poverty, or the working poor? What about children growing up that way?

What about ensuring that Canadians have basic rights during this so-called “pandemic”? Offering to implement the same agenda isn’t really opposition.

It’s sickening to see such level of virtue signaling under the guise of “human rights” over in China, when there seems to be no concern for it back home.

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TSCE #14(C): Canada Condemns China’s Human Rights Abuses, But Still Does Trade


Testimony at Parliament is available to watch. China’s human rights abuses are detailed in the House of Commons.

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. Important Links

1948 UN Convention Genocide Prevention Punishing
Canadian Gov’t Condemns Treatment Of Uyghurs In China
House Of Commons Study
Testimony From Dominic Barton
Business Council Of Canada
Dominic Barton’s Century Initiative Profile
Canada-China Business Council
CBC Article By John Paul Tasker
CBC Article On New Canadian Measures For China

uyghur.01.letter
uyghur.02.another.letter
uyghur.03.prisoner.testimony
uyghur.04.situation.of.the.camps
uyghur.05.testimonial
uyghur.06.CSRDN.plea.for.help
uyghur.07.global.affairs.canada

December 8 Testimony

3. UN On Preventing/Punishing Genocide

Hereby agree as hereinafter provided :
Article I
The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish.

Article II
In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.

Article III
The following acts shall be punishable:
(a) Genocide;
(b) Conspiracy to commit genocide;
(c) Direct and public incitement to commit genocide;
(d) Attempt to commit genocide;
(e) Complicity in genocide.

This is how the United Nations defines genocide, and how it seeks to punish it. Keep this in mind for later.

4. Canada Condemns Abuses By China

Building on the important testimony of seven witnesses over five sessions before the Subcommittee in 2018, on 20–21 July 2020 the Subcommittee convened urgent meetings to understand the latest developments in the plight of the Uyghurs. Over two days and 12 hours of testimony, the Subcommittee heard from academics, civil society as well as many survivors of the Government of China’s atrocities in the region. The subcommittee wishes to make clear that the condemnations in this statement are directed towards the Government of China, as represented by the Chinese Communist Party, and not the Chinese people, who the Subcommittee support wholeheartedly and hope that one day will benefit from the peace, freedom and security enjoyed by many others in this world.

The Subcommittee was profoundly disturbed by what it heard and is convinced of the need for a strong response. The Subcommittee heard that the Government of China has been employing various strategies to persecute Muslim groups living in Xinjiang, including mass detentions, forced labour, pervasive state surveillance and population control. Witnesses were clear that the Government of China’s actions are a clear attempt to eradicate Uyghur culture and religion. Some witnesses stated that the Government of China’s actions meet the definition of genocide as set out in Article II of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention).

The Subcommittee unequivocally condemns the persecution of Uyghurs and other Turkic Muslims in Xinjiang by the Government of China. Based on the evidence put forward during the Subcommittee hearings, both in 2018 and 2020, the Subcommittee is persuaded that the actions of the Chinese Communist Party constitute genocide as laid out in the Genocide Convention.

The Government of Canada should also impose sanctions on entities and individuals that benefit from the use of forced labour. Furthermore, recognizing the impact that government and corporate corruption play in allowing the practice of forced labour to continue throughout the world, the Government of Canada must condemn corruption in all its forms and take firm actions to combat it.

The Government of Canada should empower the Canadian Ombudsperson for Responsible Enterprise with independence and the power to investigate human rights abuse allegations and enact a comprehensive human rights due diligence law that compels businesses to respect the most current international human rights standards across their global operations and supply chains and be held accountable for harms caused or on behalf of their operations.

The Government of Canada should conduct a review of its procurement practices to ensure it is not purchasing products manufactured through forced labour. It should also create legislation with respect to federal government procurement practices to strengthen transparency and oversight mechanisms, such as reporting to parliament, particularly as it relates to product origins, production and manufacturing.

The Subcommittee was informed that the Government of China’s repressive measures against Uyghurs and other Turkic Muslims in Xinjiang are part of a broader strategy to control the region. Xinjiang is a resource-rich area with important oil deposits. It also borders several Central Asian countries that the Government of China considers strategically important for its Belt and Road Initiative and its pursuit of expansionism. Because some Uyghurs desire more autonomy or independence from China, the Government of China considers them a threat to its economic development and prosperity. The Subcommittee was informed that its solution is the elimination of Uyghurs and other Turkic Muslims in the region.

The Canadian Government has declared that what is going on in China amounts to genocide. These measures seem designed and calculated to bring about the destruction of these groups as a whole.

5. Open Borders Policies Are Genocide

Yes, displacing or eliminating a group is a human rights violation. To address the elephant in the room: current policies in Canada amount to open borders, and to erosion of distinct groups. These are things the public never voted for. Such a replacement would be considered genocide under the UN’s own definition here. But to speak up against the Kalergi Plan is considered racism.

6. Such Measures Now Used In “Pandemic”

Considering that many nations are at least considering mandatory vaccinations, would this not lead to mass sterilization? After all, that could easily happen. Given the “isolation centers” being built, and the increase in surveillance, is this not a roundabout way of imposing these conditions? Perhaps this “pandemic” is a method to get the public to accept this as normal.

7. Dominic Barton Supports Trade With China

Canada’s Ambassador to China, Dominic Barton, supports continued trade with China. It’s worth pointing out, however, he is a co-Founder, and former Board Member of Century Initiative, an NGO committed to growing Canada’s population 100 million people. Considering the economic focus of the group, Barton likely sees little real issue with China, or large scale Chinese immigration.

Barton has also been lobbied by the Business Council of Council, which Goldy Hyer is President and CEO. Hyer also is on the Board of Century Initiative.

As a bit of an aside, Century Initiative is chaired by Mark Wiseman. He was the Senior Managing Director of Blackrock, which owns SNC Lavalin.

8. Canada-China Business Council

There is Ambassador Barton, featured prominently.
Who else runs the group?

  • Paul Desmarais Sr. — former head of Power Corp (deceased)
  • Andre Desmarais — son-in-law of Jean Chretien
  • Oliver Desmarais — Vice President of Power Corp
  • Sam Boutziouvis — VP (Government Relations) of SNC Lavalin
  • Morgan Elliott — VP (Government Affairs) of Huawei
  • Tim McGuire — Executive VP, China Construction Bank
  • Martin Cauchon — was in Jean Chretien’s Cabinet
  • James Moore — was in Stephen Harper’s Cabinet
  • Stockwell Day — was in Stephen Harper’s Cabinet
  • Scott Brison — was in Justin Trudeau’s Cabinet

Do you think that these connections might have something to do with the fact that Canada is still doing business with China? Perhaps these things are related.

9. Canada (Not Really) Stops China Trade

The federal government announced a suite of new regulations today meant to ensure that Canadian companies are not complicit in human rights abuses or the use of forced labour in China’s Xinjiang province.

The measures include new requirements for firms that do business in the region and a pledge to ban the export of products from Canada to China if there is a chance they could be used by Chinese authorities for surveillance, repression, arbitrary detention or forced labour.

“Canada is deeply concerned regarding the mass arbitrary detention and mistreatment of Uighurs and other ethnic minorities by Chinese authorities,” Foreign Affairs Minister François-Philippe Champagne said in a news release shortly before leaving the department to become the new minister of Innovation, Science and Industry.

“Nobody should face mistreatment on the basis of their religion or ethnicity,” Champagne added.

To be clear on this, the Canadian Government has no issue with doing business with China, in spite the human rights abuses they allege. Instead, the requirement is that there be no exports if the goods themselves can be used to aid in those abuses.

This is a bit of tortured logic. If trading with China enriches the Government, then couldn’t ANY trade potentially be used to finance such abuses?

So, do human rights abroad mean anything? Or is the “illusion” of caring about human rights what matters? Seems that the Government’s actions are all just for show.

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TSCE #14(B): Reminder, Bill S-240 Didn’t Pass, Would Criminalize Leaving Canada For Trafficked Organs

Senate Bill S-240 would make it a crime to go abroad for the purposes of receiving trafficked organs. The rationale being, if it’s illegal here, leaving to do it should be treated the same way. In part, Bill S-240 has been in response to revelations that China has been involved in forced organ harvesting.

This is the 4th version of the idea to come forward. Yet again, it did not pass before the session ended.

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. Important Links

Senate Introduces Bill S-240, Criminal Code, Organ Trafficking
Bill S-240 Transcript Of Hearings
Senate Bill S-240: Going Abroad To Obtain Illegal Organs
Open Parliament On MP Speeches, Quotes
House Committee Hearings On Bill S-240
The Conversation: Canada Complicit In Chinese Organ Trafficking
EndTransplantAbuse.Org

3. From 2018 Senate Hearings

Bills don’t always have to originate in the House of Commons. Many come from the Senate as well, and Bill S-240 is just one of them. It would have amended the Criminal Code to make it a crime to go abroad to obtain an organ where there has been no informed consent. It’s already a crime to leave the country to participate in terrorism or child sex offences, so it’s not much of a stretch.

The Senate adopted it on June 14, 2018. However, it would be another year before the House of Commons would hold hearings on it.

4. Audio From Parliamentary Hearings

February 26, 2019 — House Committee

February 27, 2019 — House Committee


From the House of Commons hearings.

5. Most Recent Text Of Bill S-240

BILL S-240
An Act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
.
R.‍S.‍, c. C-46
Criminal Code
1 (1) Section 7 of the Criminal Code is amended by adding the following after subsection (4.‍11):
Offence outside Canada
.
(4.‍2) Despite anything in this Act or any other Act, a person who commits an act or omission outside Canada that, if committed in Canada, would be an offence under section 240.‍1 is deemed to commit that act or omission in Canada if the person is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.
.
(2) Subsection 7(4.‍3) of the Act is replaced by the following:
Consent of Attorney General
.
(4.‍3) Proceedings with respect to an act or omission deemed to have been committed in Canada under subsection (4.‍1) or (4.‍2) may only be instituted with the consent of the Attorney General.
.
2 The Act is amended by adding the following after section 240:
Trafficking in Human Organs
Removal without informed consent
.
240.‍1 (1) Everyone commits an offence who
(a) obtains an organ to be transplanted into their body or into the body of another person, knowing that the person from whom it was removed did not give informed consent to the removal, or being reckless as to whether or not that person gave informed consent;
.
(b) carries out, participates in or facilitates the removal of an organ from the body of another person, knowing that the person from whom it was removed did not give informed consent to the removal, or being reckless as to whether or not that person gave informed consent; or
.
(c) acts on behalf of, at the direction of or in association with a person who removes an organ from the body of another person, knowing that the person from whom it was removed did not give informed consent to the removal, or being reckless as to whether or not that person gave informed consent.

The Bill underwent some changes along the way, but that is the latest version. Not only would a person receiving a trafficked organ be exposed to prosecution for leaving Canada, but others involved in facilitating it would be as liable as well.

6. S-204 A Response To China’s Trafficking

The clock is ticking on Canada’s chance to enact important measures against organ trafficking.

For the past two decades, the Chinese regime has been killing prisoners of conscience for their organs. The purchase and sale of human lives has become an industry, and Canada, among other developed countries, has been supporting it.

Bill S-240 seeks to put a stop to Canadian complicity by criminalizing organ tourism. The bill has received unanimous consent from both the Senate and the House of Commons, and is awaiting final Senate approval before the end of the parliamentary session before it can be passed.

This is a critical moment of decision for Canada.

As a member of the Canadian Committee of the International Coalition To End Transplant Abuse In China, I have been among those advocating for Bill S-240, an act that brings important changes to the Criminal Code and the Immigration and Refugee Protection Act in order to combat organ tourism.

Several articles available call this what is: fighting back largely against the forced organ harvesting that China is involved with.

This should be a pretty straightforward issue to get on board with. But like the other times this was introduced, it never quite made it through Parliament. Plenty of lesser and symbolic pieces of legislation have, but not this.

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Laurentian Swamp: Soliman; Heenan Blaikie; Desmarais; Canada-China Business Council; O’Toole; Harper; IDU

Nothing screams loyalty to Canada like being the Chief of Staff for a major Canadian political party, and also being honoured as a “United Nations Global Citizen”.

1. Important Links

Walied Soliman Honoured As UNA Global Citizen Laureate
Norton Rose Fulbright Profile For Walied Soliman
Walied Soliman, Director At Sick Kids Hospital Toronto
Walied Soliman Fundraising For Erin O’Toole
BlackNorth Initiative, An Actual Group
Norton Rose Fulbright Profile For Frederic Desmarais
Norton Rose Fulbright Profile For Martin Masse
McMillan & Biometrics For Employers
McMillan: Cannabis And Environmental Opportunity
Heenan Blaikie’s Sudden Collapse
Wikipedia On Heenan Blaikie Members
Century Initiative Directors And Staff
Canada-China Business Council Directors
CCBC Pushes Hard For Canada-China FIPA Deal
Earlier Review On China-Canada FIPA
Canada-China Business Council & Huawei
O’Toole Wants War Footing For Canada
O’Toole Adopts Globalist “Build Back Stronger” Variation
Stephen Harper – International Democratic Union
International Democratic Union — Members

2. Walied Soliman & His Many Roles

Walied Soliman is the Canadian chair of Norton Rose Fulbright. He is also co-chair of our Canadian special situations team, which encompasses Canada’s leading hostile and complex M&A, shareholder activism and complex reorganization transactions. He is widely regarded as one of the leading special situations practitioners in Canada. Over the past several years, Mr. Soliman has been involved in almost every major proxy battle in Canada, acting for both issuers and activists. In addition, his practice focuses on mergers and acquisitions, restructurings, financings, corporate governance and structured products.

Sought after for his depth of knowledge and experience, Mr. Soliman was appointed in February, 2020 by the government of Ontario to serve as chair of the Capital Markets Modernization Taskforce, whose mandate was to conduct a full review of the capital markets regulatory regime.

Mr. Soliman was the only lawyer recognized in the Globe and Mail’s Report on Business Magazine Power 50 list for 2017; was designated as a “Star Lawyer” by Acritas in 2017 for ranking in the top 28 lawyers globally (over 5,000 lawyers) as selected by a panel of over 3,000 senior in-house counsel; ranked as a leading Canadian corporate lawyer by both Chambers Canada and Lexpert Canada since 2016; named one of the 25 most influential lawyers in Canada by Canadian Lawyer magazine in 2014; ranked by Best Lawyers in Canada since 2013; and was ranked as one of the Top 40 Lawyers under 40 in Canada by L’expert magazine in 2009. Mr. Soliman sits on the board of the BlackNorth Initiative against anti-Black racism, and among other philanthropic endeavours, he is a board member of the Toronto SickKids Hospital Foundation.

The above quote is from Soliman’s biography in his profile with Norton Rose Fulbright. While holding a position as a corporate lawyer, he has many other roles. Some might see these as conflicts of interest. Soliman was also a campaign chair for Erin O’Toole, who now heads the Conservative Party of Canada. Soliman is also a Director at the Gates-funded Sick Kids Hospital Toronto.

Blacknorth is in fact a real group, and it’s job is to convince the Canadian public that there is systemic racism against black. This in spite of laws which HELP blacks in criminal court. Obviously, it’s nothing to so with average physical differences, or differences in culture. It must be racism perpetrated by whites. Directors also include Paul Desmarais III, and former Governor General David Johnston.

3. Biometric Identification Article

Side note: Martin Masse would also go on to work at the Desmarais controlled Montreal Economic Institute.

As biometric technologies become more sophisticated and accessible in the marketplace, employers doing business in Quebec are increasingly considering the opportunity to implement biometric identification systems. At first glance, these systems may appear convenient and cost-effective, and, in some circumstances, they indeed are. Unfortunately, convenience is not the decisive criterion to justify their implementation: necessity is that criterion. In addition, since the entry into force on November 1st, 2001 of the Act to Establish a Legal Framework for Information Technology (the ‘‘Act”), employers must comply with relatively burdensome formalities before proceeding with the implementation of such systems.

types of biometry
.
Physiological biometry is based on particular physical features which are unique and permanent for each person such as fingerprints, the form of hands and of the face, the iris and retina of an eye. On the other hand, behavioural biometry refers to the analysis of the behaviours of a person such as his signature, his voice or his keyboard typing habits.

the legal framework in Quebec
.
The implementation of biometric systems may raise concerns in connection with employees’ rights to the respect of their private life, integrity and dignity. Depending on the nature and use of the biometric characteristics or measurements recorded, certain practices may lead to discrimination claims. They also beg the question whether they infringe section 46 of the Quebec Charter of Human Rights and Freedoms which provides that: ‘‘Every person who works has a right, in accordance with the law, to fair and reasonable conditions of employment which have proper regard for his health, safety and physical well-being” (emphasis added).

Mathematical Representation Technology usually does not raise any human rights concerns since no images of employees’ fingerprints are stored. Furthermore, its underlying purpose is legitimate and work-related as it is generally implemented by employers wishing to increase the cost-efficiency and the accuracy of their working time attendance recording systems.

If nothing else, an interesting topic, although there would be some serious privacy issues. Of course, if refusing biometrics results in the loss of a job offer, it’s hardly voluntary. McMillan also has a very recent publication cannabis and waste as a “green opportunity”.

4. Heenan Blaikie (Now Defunct) Firm

For many years, Heenan Blaikie was perhaps the most prestigious law firm in Canada. However, it went under in February 2014, due largely to the greed of its members. However, there are some prominent names who were once part of the law firm. Several should be familiar. It seems that spending time at Heenan Blaikie is a stepping stone to greater things.

  • Michel Bastarache, Ex-Supreme Court Justice
  • André Bureau, Ex-Head of CRTC
  • Jean Chretien, Ex-Prime Minister
  • Oliver Desmarais, Vice-President at Power Corporation
  • Clement Gascon, Ex-Supreme Court Justice
  • Roy Heenan, Ex-Head of Trudeau Foundation
  • Pierre-Marc Johnson, Ex-Quebec Premier
  • Donald J. Johnston, Ex-Head of OECD
  • Erin O’Toole, Head of Conservative Party of Canada
  • David Stratas, Ex-Justice for Federal Court of Appeal
  • Pierre Trudeau, Ex-Prime Minister

5. Desmarais: Canada’s Political Family

If you aren’t familiar with the Desmarais Family and Power Corporation, see this earlier review on the subject. There are many tentacles in Canadian politics, and these are some of them.

  • Brian Mulroney, Ex-PM, was a lawyer for Power Corp.
  • Jean Chretien’s daughter married Andre Desmarais
  • Paul Martin worked for Power Corp., and received Canada Steamship Lines
  • Peter MacKay dated Paul Desmarais Jr’s daughter
  • Maxime Bernier worked for Montreal Economic Institute, headed by Helene Desmarais
  • Martin Masse worked for Montreal Economic Institute, headed by Helene Desmarais
  • Gary Doer, Ex-Manitoba Premier, sits on Power Corp’s Board of Directors
  • John Rae, Brother of Bob Rae, worked for Power Corp.
  • Pierre Beaudoin, Bombardier Chair, is also a Power Corp Director

Also noteworthy is that Andre Desmarais and Linda Koch Lorimer sit on the Trilateral Commission, along with many Canadian politicians. Desmarais is also part of the Century Initiative.

6. Canada-China Business Council

CCBC members include some of the largest and best-known Canadian and Chinese firms, as well as small to medium-sized enterprises (SMEs), entrepreneurs, and non-profit organizations. Members represent a wide range of sectors, including education, financial services, professional services, manufacturing, construction, transportation, oil and gas, natural resources, ICT, and public sector.

Essentially, this is a coalition of parties (many of whom have political ties), committed to commercial trade and relations with China. However, these relations may not be in Canada’s best interests.

Olivier Desmarais, Chair
Senior Vice-President
Power Corporation and Power Financial

Graham Shantz, President

The Honourable Scott Brison, P.C., Vice-Chair
Vice Chair
BMO Capital Markets

The Honourable Martin Cauchon, P.C., LL.M., ICD.D, Ad. E., Vice-Chair
Counsel, DS Lawyers Canada LLP

David T. Fung, B.Eng., M. Eng., Ph.D., PEng (BC), C. Dir., A.C.C., H.R.C.C.C., LL.D. (Hon.), D.Sc. (Hon.), Vice-Chair
CEO
ACDEG International Inc.

Paul Blom
Executive Director
British Columbia First Nations Energy and Mining Council

Sam Boutziouvis
Vice-President, Government Relations
SNC-Lavalin Inc.

Morgan Elliott
Vice President, Government Affairs
Huawei Canada

Vivi Hou
President & CEO
Power Pacific Corporation Limited

Joyce Lee
Partner and Chair of Asia Group
McCarthy Tétrault LLP

The Honourable James Moore
Senior Business Advisor
Dentons

Nicole Changwen NIE
President and CEO
Industrial and Commercial Bank of China (Canada)

Ferio Pugliese
Senior Vice President, Air Canada Express and Government Relations
Air Canada

Pierre Seïn Pyun
Vice President, Government Affairs
Bombardier Inc

And of course:
-Paul Desmarais Sr.
-Andre Desmarais (son-in-law of Jean Chretien)

7. CCBC Pushed Hard For Chinese FIPA

The Canada-China Business Council was one of the organizations pushing hard for FIPA, the Foreign Investment Promotion and Protection Agreement between Canada and China. See the earlier review. This CCBC is bipartisan, and is made up of both Liberals and Conservatives. In fact, the Conservative Party of Canada was key in selling out to China, but now tells the public they will stand up for Canada.

James Moore, of course, sits on the CCBC, and was a major proponent of FIPA. Erin O’Toole (now head of the CPC), lobbied hard for FIPA when he was a Parliamentary Secretary to the Minister of Foreign Trade.

8. Canada-China Business Council & Huawei

Business between Canada and China doesn’t happen in a closed corridor. Two most important factors that impact bilateral business are US-China relations and heightened technology competition. Our Fall 2020 Distinguished Speakers Series takes on these issues, featuring speakers who shine a spotlight on topics such as media coverage of China, 5G and Huawei, industrial espionage, data security, and AI.
.
Huawei Canada Demystified
September 24, 2020
9:00 am – 10:00 am ET

With everything going on, sure, let’s focus on this. Surely China is just being misunderstood in the Western media. Interesting that the people held hostage wasn’t listed.

9. CANZUK, Open Borders, Erin O’Toole

CANZUK was addressed here, here, and here. It was initially adopted in 2018, when Andrew Scheer was leader. Now, Erin O’Toole seems to be an even stronger enthusiast. In short, this open borders scheme will let in “more and more countries” as time passes. O’Toole previously pitched it as opportunity. Now, he refers to it as a necessity to counterbalance China.

It’s strange that O’Toole hasn’t seem to lost his desire for open borders, even as he calls for Canada to invoke the Emergencies Act, and adopt a war footing. He also adopts a version of the “Build Back Better” slogan.

10. Harper: International Democratic Union

Having regard to their common convictions that democratic societies provide individuals throughout the world with the best conditions for political liberty, personal freedom, equality of opportunity and economic development under the rule of law; and therefore

Being committed to advancing the social and political values on which democratic societies are founded, including the basic personal freedoms and human rights, as defined in the Universal Declaration of Human Rights; in particular, the right of free speech, organisation, assembly and non-violent dissent; the right to free elections and the freedom to organise effective parliamentary opposition to government; the right to a free and independent media; the right to religious belief; equality before the law; and individual opportunity and prosperity;

Having regard to their common beliefs in an open society, where power is dispersed widely amongst free institutions, dedicated to creating conditions that will enable each individual to reach his full potential and to carry out his responsibilities to his fellow man; and where the central task of government is to serve the individual and to safeguard and promote individual freedom; and equally

Stressing the moral commitments of a free and open society, supporting the institution of the family as its fundamental social and cohesive force, as well as social responsibility towards the weak and less fortunate, particularly by encouraging self-help and individual enterprise and choice in the provision of services;

Being dedicated to a society of individuals working together in partnership for the common good;

All of this course seems perfectly fine and normal. However, this is an effort to build toward a world government, much like the proposed United Nations Parliamentary Assembly.

The Conservative Party of Canada is also listed as a member in the IDU. So are the Conservative Party in the UK, and the Republican Party in the U.S. Do the Party members know about this?

Of course, if you ask Maxime Bernier about his own involvement in promoting the UNPA, he will go full-Rempel and block you on Twitter. As for some of IDU’s members:

The Right Honourable Stephen Harper
Conservative Party, Canada

Brian Loughnane
Liberal Party, Australia

Lord Ashcroft KCMG, PC
United Kingdom

Marco Solares
Partido Unionista, Guatemala

Christopher J. Fussner
Republican Party, USA

Dr. Kizza Besigye
Forum for Democratic Change, Uganda

The Honourable Reinhold Bocklet
Christian Social Union, Germany

José Carlos Aleluia
Democratas, Brasil

Oscar Ortiz
Movimento Democrata Social, Bolivia

11. The Laurentian Swamp Runs Canada

This is hardly an exhaustive account, but know that there is a group of people who run Canada for themselves, to the detriment of the public. They control all major parties, and much of the political agenda. As such, Canadians have no real representation in Government.

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A Look Back At FIPA, And Selling Sovereignty To China

Erin O’Toole was a Parliamentary Secretary to the Minister of Trade in 2014. It’s clear from these quotes that he doesn’t see a problem selling out Canada’s sovereignty to China with the Foreign Investment Promotion and Protection Agreement (FIPA). In fact, he glosses over just how bad this arrangement really is. All of the Conservatives did.

https://openparliament.ca/debates/2014/9/22/erin-otoole-1/

1. Offshoring, Globalization, Free Trade

The other posts on outsourcing/offshoring are available here. It focuses on the hidden costs and trade offs society as a whole has to make. Contrary to what many politicians and figures in the media claim, there are always costs to these kinds of agreement. These include: (a) job losses; (b) wages being driven down; (c) undercutting of local companies; (d) legal action by foreign entities; (e) industries being outsourced; (f) losses to communities when major employers leave; and (g) loss of sovereignty to foreign corporations and governments. Don’t believe the lies that these agreements are overwhelmingly beneficial to all.

2. Important Links

(1) https://openparliament.ca/debates/
(2) https://openparliament.ca/debates/2014/9/22/erin-otoole-1/
(3) https://archive.is/p2fkV
(4) WayBack Machine Archive
(5) https://www.cbc.ca/news/canada/fipa-agreement-with-china-what-s-really-in-it-for-canada-1.2770159
(6) https://archive.is/C6Xvi
(7) https://www.international.gc.ca/trade-commerce/trade-agreements-accords-commerciaux/agr-acc/china-chine/fipa-apie/index.aspx?lang=eng&_ga=2.159712829.1468063288.1601709213-445290716.1601709213
(8) https://archive.is/wC5ed
(9) WayBack Machine Archive

3. Other “Conservatives” Support FIPA

https://openparliament.ca/debates/2013/4/18/ron-cannan-3/

https://openparliament.ca/debates/2013/4/18/rob-merrifield-3/

https://openparliament.ca/debates/2014/6/4/lois-brown-7/

https://openparliament.ca/debates/2013/4/18/james-moore-3/

https://openparliament.ca/debates/2013/4/18/michael-chong-1/

4. Quotes From FIPA Agreement

Article 5
Most-Favoured-Nation Treatment
1. Each Contracting Party shall accord to investors of the other Contracting Party treatment no less favourable than that it accords, in like circumstances, to investors of a non-Contracting Party with respect to the establishment, acquisition, expansion, management, conduct, operation and sale or other disposition of investments in its territory.
2. Each Contracting Party shall accord to covered investments treatment no less favourable than that it accords, in like circumstances, to investments of investors of a non-Contracting Party with respect to the establishment, acquisition, expansion, management, conduct, operation and sale or other disposition of investments in its territory.
3. For greater certainty, the “treatment” referred to in paragraphs 1 and 2 of this Article does not encompass the dispute resolution mechanisms, such as those in Part C, in other international investment treaties and other trade agreements.

Article 6
National Treatment
1. Each Contracting Party shall accord to investors of the other Contracting Party treatment no less favourable than that it accords, in like circumstances, to its own investors with respect to the expansion, management, conduct, operation and sale or other disposition of investments in its territory.
2. Each Contracting Party shall accord to covered investments treatment no less favourable than that it accords, in like circumstances, to investments of its own investors with respect to the expansion, management, conduct, operation and sale or other disposition of investments in its territory.
3. The concept of “expansion” in this Article applies only with respect to sectors not subject to a prior approval process under the relevant sectoral guidelines and applicable laws, regulations and rules in force at the time of expansion. The expansion may be subject to prescribed formalities and other information requirements.

Article 11
Compensation for Losses
Investors of one Contracting Party who suffer losses in respect of covered investments owing to war, a state of national emergency, insurrection, riot or other similar events, shall be accorded treatment by the other Contracting Party, in respect of restitution, indemnification, compensation or other settlement, no less favourable than it accords in like circumstances, to its own investors or to investors of any third State.

Local laws — environmental protection, for example — which are seen as harmful and detrimental to business interests will be considered grounds to submit a claim for compensation.

Article 23
Consent to Arbitration
Each Contracting Party consents to the submission of a claim to arbitration in accordance with the procedures set out in this Agreement. Failure to meet any of the conditions precedent provided for in Article 21 shall nullify that consent.

Disputes won’t be heard in any open or transparent way. Instead arbitration that is largely secret will be resolving disputes.

Article 35
Entry into Force and Termination
1. The Contracting Parties shall notify each other through diplomatic channels that they have completed the internal legal procedures for the entry into force of this Agreement. This Agreement shall enter into force on the first day of the following month after the second notification is received, and shall remain in force for a period of at least fifteen years.
2. After the expiration of the initial fifteen-year period, this Agreement shall continue to be in force. Either Contracting Party may at any time thereafter terminate this Agreement. The termination will be effective one year after notice of termination has been received by the other Contracting Party.
3. With respect to investments made prior to the date of termination of this Agreement, Articles 1 to 34, as well as paragraph 4 of this Article, shall continue to be effective for an additional fifteen-year period from the date of termination.
4. The Annexes and footnotes to this Agreement constitute integral parts of this Agreement.

So the agreement itself lasts for at least 15 years. Then, we are required to give a 1 year notice, at which time, Articles 1 to 34 will lapse in another 15 years. All in all, this agreement will then last a minimum of 31 years. This is an entire generation away from being able to really terminate.

5. What Is Canada Getting With FIPA?

The secrecy shrouding the much-delayed Foreign Investment Promotion and Protection Agreement (FIPA) with China makes it hard for experts, let alone average Canadians, to figure out what benefits this country will see from the deal.

-Canadian governments are locked in for a generation. If Canada finds the deal unsatisfactory, it cannot be cancelled completely for 31 years.
-China benefits much more than Canada, because of a clause allowing existing restrictions in each country to stay in place. Chinese companies get to play on a relatively level field in Canada, while maintaining wildly arbitrary practices and rules for Canadian companies in China.
-Chinese companies will be able to seek redress against any laws passed by any level of government in Canada which threaten their profits. Australia has decided not to enter FIPA agreements specifically because they allow powerful corporations to challenge legislation on social, environmental and economic issues. —-Chinese companies investing heavily in Canadian energy will be able seek billions in compensation if their projects are hampered by provincial laws on issues such as environmental concerns or First Nations rights, for example.
-Cases will be decided by a panel of professional arbitrators, and may be kept secret at the discretion of the sued party. This extraordinary provision reflects an aversion to transparency and public debate common to the Harper cabinet and the Chinese politburo.
–Differences between FIPA and the North American Free Trade Agreement may offer intriguing loopholes for American lawyers to argue for equal treatment under the principle of Most Favoured Nation.

The CBC covered the story and raised several legitimate concerns over this deal. Secrecy aside, it’s difficult to see what (if any) real benefits Canada gets from it.

6. China Buying Up Assets Across Canada

This is too long to do justice here, but Canadian laws make it easy for foreigners to buy property in Canada. This applies regardless of whether they live here, or even intend to. The Chinese in particular are taking full advantage of that.

7. Putting China Over Canadians

This isn’t really related to FIPA, but still good to point out: even so-called “populists” can be globalist shills. Here is no different. How does making it easier to import cheap Chinese products keep industries and jobs in Canada? However, China has more freedom and less government in recent decades.

8. CANZUK To Counter Chinese Influence?

CPC Policy Declaration August 2018

Have to love the mental gymnastics here. CPC Leader Erin O’Toole spoke in support of CANZUK in the 2018 Policy Convention. He explicitly stated he wanted to “let more and more countries” into the agreement. Fast forward 2 years, and he wants to accelerate CANZUK to stop the growing Chinese influence ….. that he supported in 2014. Way to be consistent.

9. Can O’Toole/CPC Actually Be Trusted?

How can anyone trust Erin O’Toole?
(a) He has no qualms about selling sovereignty to China.
(b) He supports CANZUK — and expanding the zone.
(c) CANZUK is now just a way to counter China, who is still here.
(d) Heenan Blaikie was Trudeau Sr.’s and Chretien’s old law firm.
(e) He is an ex-Facebook lobbyist.
(f) He openly shills for foreign powers like Israel.
(g) He supports even more draconian measures than Trudeau.
(h) His Chief of Staff is a Director at Sick Kids Hospital.
(i) CPC supports the temp-to-PR pipeline.

10. Objection To FIPA Pushed, No Real Debate

See here, here and here for original source material. There were people who opposed the sellout by the Conservatives.

11. Conservative Politicians Are Globalists

One would think that “conserving” in the sense of trade meant protecting local industries, and protecting communities from having major employers shipped overseas.

However, that is not the case. What passes for conservatism is really just “corporatism”, putting those interests over that of the local population. There are far more important things than stock prices and overall profits.

Ask them to “conserve” the makeup, culture, language, traditions, or heritage of a country, and that’s being racist. After all, Canada is make up of abstract values (that few can agree on), not any sort of identity.

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IMM #7(C): Getting Legal Residency & Citizenship Via Fraud; Sunny Wang

(Documentary from the Fifth Estate on “Sunny Wang”. Quite good)

(Atlantic Immigration Pilot Program plagued with fraud)

(CBC: Fake job offers in Atlantic Canada)

1. Mass LEGAL Immigration In Canada

Despite what many think, LEGAL immigration into Canada is actually a much larger threat than illegal aliens, given the true scale of the replacement that is happening. What was founded as a European (British) colony is becoming unrecognizable due to forced demographic changes. There are also social, economic, environmental and voting changes to consider. See this Canadian series, and the UN programs for more detail. Politicians, the media, and so-called “experts” have no interest in coming clean on this.

CLICK HERE, for UN Genocide Prevention/Punishment Convention.
CLICK HERE, for Barcelona Declaration & Kalergi Plan.
CLICK HERE, for UN Kalergi Plan (population replacement).
CLICK HERE, for UN replacement efforts since 1974.
CLICK HERE, for tracing steps of UN replacement agenda.

Note: If there are errors in calculating the totals, please speak up. Information is of no use to the public if it isn’t accurate.

2. Important Links

(1) https://www.cbc.ca/news/canada/nova-scotia/immigration-fraud-jobs-atlantic-canada-aipp-1.5281668
(2) http://archive.is/AryL1
(3) https://globalnews.ca/news/5849305/edmonton-men-immigration-fraud/
(4) http://archive.is/0jpXE
(5) https://www.ourcommons.ca/Content/Committee/421/CIMM/Reports/RP9998461/cimmrp20/cimmrp20-e.pdf
(6) https://www.ourcommons.ca/Committees/en/CIMM/StudyActivity?studyActivityId=9955090
(7) http://archive.is/3GA7T

3. Context For This Article

Mass migration into Canada is a huge problem. Without rehashing previous articles, it causes balkanization, demographic replacement, social tensions, breaks down cohesion, strains social services, drives up housing prices, pushes down wages, and results in large sums of money (remittances) being sent abroad.

All of that aside, there is a valid question to answer: how legitimate are these cases coming into Canada? How many people are following the rules, and how many are gaming the system? It’s also valid to look into oversight and how it can fail.

4. Court Cases For Immigration Fraud

Chen v Canada (PS&EP), 2017 CanLII 72967 (CA IRB)
http://archive.is/NaVzp
Dai v Canada (PS&EP), 2017 CanLII 31963 (CA IRB)
http://archive.is/cjRIr
Du v Canada (PS&EP), 2018 CanLII 67779 (CA IRB)
http://archive.is/JMJvq
Huang v Canada (PS&EP), 2018 CanLII 137140 (CA IRB)
http://archive.is/zvB5R
Ji v Canada (C&I), 2019 CanLII 37413 (CA IRB)
http://archive.is/5FSaD
Li v Canada (PS&EP), 2018 CanLII 102184 (CA IRB)
http://archive.is/CyEgv
Li v Canada (PS&EP), 2018 CanLII 102088 (CA IRB)
http://archive.is/m1rqD
Li v. Canada (PS&EP), 2019 FC 1235 (CanLII)
http://archive.is/35hXq
Li v Canada (PS&EP), 2019 CanLII 54633 (CA IRB)
http://archive.is/ztbgS
Li v Canada (PS&EP), 2019 CanLII 109016 (CA IRB)
http://archive.is/Se5tm
Liheng v Canada (PS&EP), 2018 CanLII 14516 (CA IRB)
http://archive.is/IglAi
Lin v Canada (PS&EP), 2018 CanLII 13950 (CA IRB)
http://archive.is/fX0tW
Liu v Canada (PS&EP), 2017 CanLII 98345 (CA IRB)
http://archive.is/PjMwZ
Liu v Canada (PS&EP), 2017 CanLII 98355 (CA IRB)
http://archive.is/Ld5lE
Lou v Canada (PS&EP), 2019 CanLII 90447 (CA IRB)
http://archive.is/2QCcU
Shi v Canada (PS&EP), 2018 CanLII 139479 (CA IRB)
http://archive.is/clhDG
Shi v Canada (PS&EP), 2018 CanLII 140634 (CA IRB)
http://archive.is/uOsLO
Sun v Canada (PS&EP), 2017 CanLII 98347 (CA IRB)
http://archive.is/IubgR
Wang v Canada (PS&EP), 2018 CanLII 26840 (CA IRB)
http://archive.is/QKs1k
Wang v Canada (PS&EP), 2018 CanLII 36952 (CA IRB)
http://archive.is/bbeWz
Wang v Canada (PS&EP), 2018 CanLII 37839 (CA IRB)
http://archive.is/W4m3b
Xiu v Canada (PS&EP), 2018 CanLII 72624 (CA IRB)
http://archive.is/953Tq
Yan v Canada (PS&EP), 2019 CanLII 37396 (CA IRB)
http://archive.is/wVTN9
Yang v. Canada (C&I), 2019 FC 1237 (CanLII)
http://archive.is/g5Cl4
Yang v. Canada (PS&EP), 2019 FC 1236 (CanLII)
http://archive.is/igrmm
Ye v Canada (PS&EP), 2018 CanLII 91630 (CA IRB)
http://archive.is/FQddq
Ye v Canada (PS&EP), 2017 CanLII 96763 (CA IRB)
http://archive.is/l97NS
Zhang v Canada (PS&EP), 2017 CanLII 94304 (CA IRB)
http://archive.is/a73ye
Zhang v Canada (PS&EP), 2018 CanLII 102170 (CA IRB)
http://archive.is/OI4XD
Zhao v Canada (PS&EP), 2018 CanLII 81821 (CA IRB)
http://archive.is/AryL1
Zhou v Canada (PS&EP), 2019 CanLII 74554 (CA IRB)
http://archive.is/h7XyJ

Sunny Wang has been a very busy man, and there was considerable fallout after his fake immigration scheme was uncovered. All of the above cases are his, and that isn’t exhaustive at all.

Bear in mind that this is just a small sample of what is easily available to find on CanLII. There are many, many more cases on this topic. If there is one saving grace, it is that the IRB seems to be trying to clean up this mess.

However, as we will soon see, the IRB still allows people who defraud the system (sometimes) to stay in Canada anyway on humanitarian and compassionate grounds. Garbage.

5. Some Fraudsters Still Allowed To Stay

While we would expect all of these fraudsters to be deported, that is not the case. Going through these court records, it shows that several were in fact allowed to stay on humanitarian and compassionate grounds. Guess it varies on how bleeding-heart the people are conducting the hearing.

Let’s take a look at a case, shall we?

6. Yang v. Canada: Fake Job Offer

[1] This application judicially reviews an Immigration Appeal Division [IAD] decision [Decision] that concluded there were insufficient humanitarian and compassionate [H&C] considerations to overcome the Applicant’s misrepresentation. The Applicant, Mr. Yang, is a citizen of China. He came to Canada in 2002 on a study permit. He is a permanent resident, while his wife and two daughters are Canadian citizens. His wife obtained permanent residence as Mr. Yang’s accompanying spouse on his application, which contained the misrepresentation, but she subsequently obtained Canadian citizenship. The Applicant’s two daughters were born in Canada.

[3] After Mr. Yang received his work permit, he was informed the position for which he had been hired did not exist. New Can indicated that he would pay his own salary and benefits to New Can, and Pacific Glory would issue him valid pay cheques and tax documents. Mr. Yang participated in this arrangement, worked without authorization in various jobs to cover his obligation to New Can, and filed taxes based on the false T4 statements.

[4] In 2008, Mr. Yang applied for permanent residence as part of the Federal Skilled Worker class based on this fraudulent employment and included his wife on his application as an accompanying spouse. At this point, Mr. Yang’s wife was aware of the fraudulent employment arrangement and was also violating her work permit, working as a sales clerk instead of as a marketing researcher.

[5] In 2009, a visa officer interviewed Mr. Yang regarding his application for permanent residence. Throughout the interview, Mr. Yang maintained the fiction that he was employed by Pacific Glory. In fact, New Can had coached Mr. Yang and one of his fictional co-workers to lie their way through this interview. Both Mr. Yang and his wife were granted permanent residence in 2010.

[6] In 2012, the Canada Border Services Agency [CBSA] undertook a large-scale immigration fraud investigation involving New Can and its owner, Xun “Sunny” Wang. As a result, CBSA opened investigations into a number of New Can’s clients, including Mr. Yang. In 2016, CBSA contacted Mr. Yang with concerns he had been granted permanent residence based on misrepresented facts. I note in passing that this is one of four cases argued before the Court over the span of two weeks in August 2019. Sunny Wang had represented all applicants in these various immigration applications, each of which resulted in misrepresentation findings. The other three decisions may be found at Yang v Canada (Citizenship and Immigration), 2019 FC 1237; Gao v Canada (Public Safety and Emergency Preparedness) 2019 FC 1238; and Li v Canada (Public Safety and Emergency Preparedness), 2019 FC 1235.

[7] Mr. Yang’s case was referred to the Immigration Division [ID] pursuant to subsection 44(2) of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA], which found him inadmissible for misrepresentation. He then appealed to the IAD, conceding the misrepresentation and appealing only on H&C grounds.

III. Analysis
[10] The purpose of paragraph 40(1)(a) of IRPA “is to deter misrepresentation and maintain the integrity of the immigration process” (Sayedi v Canada (Citizenship and Immigration), 2012 FC 420 at para 24). Further, an applicant’s duty of candour “is an overriding principle” of IRPA (Sidhu v Canada (Citizenship and Immigration), 2019 FCA 169 at para 70). However, the IAD can still allow such an appeal if “taking into account the best interests of a child directly affected by the decision, sufficient humanitarian and compassionate considerations warrant special relief in light of all the circumstances of the case” (IRPA, paragraph 67(1)(c)).

[11] In conducting its H&C analysis, the IAD properly identified that the “Ribic” factors to be considered when exercising its discretionary jurisdiction for misrepresentation are specific to the individual (see also Canada (Citizenship and Immigration) v Li, 2017 FC 805 at paras 21-22). The relevant factors include the seriousness of the misrepresentation, degree of remorse, length of time and establishment in Canada, family and community support, impact of removal on family in Canada, degree of hardship caused, and bests interests of the children [BIOC]. Only the last of these factors is determinative, as explained next.

[23] Here, the IAD simply noted evidence that Mr. Yang and his family had visited China regularly, approximately once a year in the past, and from this gleaned that the children could visit their father in China after his removal. Unlike even in Gao, there was simply no analysis of the children’s current situation or of their father’s physical involvement in their lives and their evolving relationships with him, let alone what the impact would be if he were removed.

[24] Mr. Yang’s conduct was decidedly reprehensible. But that reality does not permit the IAD to sweep aside its duty. Indeed, where inadmissibility is conceded, such as in this case, H&C forms the sole basis of the IAD appeal. The children directly affected must be front and centre. They cannot be a sideshow. Despite the fact that their father sinned against the immigration system in a fundamental way, they did not. Serious though his conduct was, so too are their interests.

IV. Conclusion
[25] In failing to properly address the evidence raised concerning the impact on the children, the BIOC analysis fell short. For young children directly affected by a removal of a parent, their evidence and best interests must be assessed with particularity rather than in a general manner – that is, without addressing or assessing the evidence presented. Given the deficient BIOC analysis, the matter will be returned for redetermination.

JUDGMENT in IMM-910-19
THIS COURT’S JUDGMENT is that:
.
The judicial review is granted.
.
This matter will be sent back for reconsideration.
.
No questions were raised for certification, and none arise.
.
No costs will issue.

Unfortunately, there are quite a few of these cases when CanLII is searched. Perhaps the lesson here is that if you are going to defraud Immigration Canada, make sure you have young children with you. You may then be allowed to stay on humanitarian and compassionate grounds.

Another instance of an order for removal being overturned is here.

7. CBC Article On Fake Job Offers

For several weeks, CBC News posed as a Chinese couple in correspondence and phone calls with WonHonTa Immigration Service, a Toronto-based recruiting agency that claims to match potential immigrants with businesses in the Atlantic region.

WonHonTa had posted an article on WeChat, a social media and messaging platform popular in China, explaining how the “vast majority” of people use the Atlantic immigration pilot.

“Employers want profit, applicants want identity (PR residency), and both sides have their
demand in common,” said the article. “Well, you pay money, I hire you. Salary is also paid by applicants, and recorded on books monthly.”

How it works
Jiacheng Song, a manager with the China-based affiliate of WonHonTa Consulting Inc., told an undercover CBC journalist he works directly with businesses to ensure all transactions are done through personal bank accounts to avoid taxes.

“To be frank, we have employers who work with us,” Song wrote. “We pay them money, they are willing to sponsor our clients for immigration.”

The whole concept of Atlantic Immigration Pilot Program is to allow designated employers in need of workers to hire immigrants directly. The business is not charged a government fee, unlike other immigration programs. The program also differs from existing immigration channels because some language and education requirements are lower for applicants.

“If you know you get that job offer, then that’s a golden ticket to immigrate to Canada, which can be quite tempting for people. So they’re going to seek that out and they’re going to pay what they have to pay sometimes,” said Andrew VanSlyke of GV5 Consulting, a company that specializes in the pilot program.

Recruiting agencies outside Canada often help co-ordinate deals and take a large cut of the profit, according to VanSlyke.

So the jobs offers were completely fraudulent to begin with. It was all about cash for permanent residence. Make one wonder how widespread this is, and even beyond the AIPP.

Here is another article, this one from Global News, on immigration fraud coming our of Alberta.

8. Parliamentary Report On IRB Complaints

This is not entirely relevant to the issue of immigration fraud, but interesting nonetheless. Parliament has actually held hearings on the topic of whether the IRB staff was sensitive enough, and properly trained in SOGI (sexual orientation, gender identity). Great use of parliamentary resources. And here is the report that actually came out.

Guess when fake refugees and bogus immigrants start getting turned away, they can always claim discrimination. Seems to be a trend.

9. How Common Is This Fraud?

Unfortunately, if there is data compiled, the Government of Canada does not make it easy to find. In a sense that is understandable. The topic is embarrassing. Guess these court cases will have to do for now.