(U.S.) HR 61: Bill To Expand Scope Of Hate Crimes Introduced

Remember the mass shooting in Buffalo last year that was supposedly based on the “replacement theory”? It had been predicted that this would lead to more calls for gun control, and it did.

But the other shoe has dropped. House Resolution 61 has been introduced to expand hate crime laws within the U.S., and to specifically target a certain type of crime. It was sponsored by Congresswoman Sheila Jackson Lee, a Democrat from Texas.

What’s particularly alarming is how many of the terms in this Bill are not clearly defined. (See archive.) This makes it difficult to enforce, but enables it to be selectively applied. In a practical sense: it has the potential to make debate much trickier, and easier to shut down.

Yes, this is in the United States, but something similar could easily come to Canada in the not too distant future. Don’t dismiss the possibility.

To state the obvious: this is only focused on one group of people.

A BILL
To prevent and prosecute white supremacy inspired hate
crime and conspiracy to commit white supremacy in-
spired hate crime and to amend title 18, United States
Code, to expand the scope of hate crimes.

1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the ‘‘Leading Against White
5 Supremacy Act of 2023’’.
6 SEC. 2. WHITE SUPREMACY INSPIRED HATE CRIME.
7 (a) IN GENERAL.—A person engages in a white su-
8 premacy inspired hate crime when white supremacy
ide

2
1 ology has motivated the planning, development, prepara-
2 tion, or perpetration of actions that constituted a crime
3 or were undertaken in furtherance of activity that, if effec-
4 tuated, would have constituted a crime.
5 (b) CONSPIRACY.—A conspiracy to engage in white
6 supremacy inspired hate crime shall be determined to
7 exist—

8 (1) between two or more persons engaged in the
9 planning, development, preparation, or perpetration
10 of a white supremacy inspired hate crime
; or
11 (2) between two or more persons—
12 (A) at least one of whom engaged in the
13 planning, development, preparation, or per-
14 petration of a white supremacy inspired hate
15 crime;
and
16 (B) at least one of whom published mate-
17 rial advancing white supremacy, white suprema-
18 cist ideology, antagonism based on ‘‘replace-
19 ment theory’’
, or hate speech that vilifies or is
20 otherwise directed against any non-White per-
21 son or group, and such published material—
22 (i) was published on a social media
23 platform or by other means of publication
24 with the likelihood that it would be viewed
25 by persons who are predisposed to engag-

3
•HR 61 IH
1 ing in any action in furtherance of a white
2 supremacy inspired hate crime, or who are
3 susceptible to being encouraged to engage
4 in actions in furtherance of a white su-
5 premacy inspired hate crime;
6 (ii) could, as determined by a reason-
7 able person, motivate actions by a person
8 predisposed to engaging in a white suprem-
9 acy inspired hate crime or by a person who
10 is susceptible to being encouraged to en-
11 gage in actions relating to a white suprem-
12 acy inspired hate crime
; and
13 (iii) was read, heard, or viewed by a
14 person who engaged in the planning, devel-
15 opment, preparation, or perpetration of a
16 white supremacy inspired hate crime.
17 (c) DEPARTMENT OF JUSTICE AUTHORITY, EN-
18 FORCEMENT, MONITORING, AND REPORTING.—The De-
19 partment shall have authority to conduct operations and
20 activities pursuant to this section, specifically—
21 (1) with regard to information or evidence ob-
22 tained by the Department of any action cited in this
23 section, the Department shall have the authority to
24 investigate, intercede, and undertake other actions
25 that it deems necessary and appropriate to interdict,

4
•HR 61 IH
1 mitigate, or prevent such action from culminating in
2 violent activity;
3 (2) the Department shall have the authority to
4 prosecute persons who engaged in actions cited in
5 this section
; and
6 (3) the Uniform Crime Reporting Program in
7 the Department of Justice shall maintain records of
8 white supremacy inspired hate crimes and related
9 actions cited in this section
, and enforcement actions
10 in response thereto.
11 The Department shall provide annual reports to the ap-
12 propriate committees in Congress that shall include infor-
13 mation cited in this paragraph.
14 SEC. 3. CRIMINAL OFFENSE.
15 Section 249(a)(1) of title 18, United States Code, is
16 amended—
17 (1) in the matter preceding subparagraph (A)
18 by inserting after ‘‘race, color, religion, or national
19 origin of any person’’ the following: ‘‘, or because of
20 a white supremacy based motivation against any
21 person’’
; and
22 (2) in subparagraph (B)—
23 (A) in clause (i), by striking ‘‘or’’ at the
24 end;

5
•HR 61 IH
1 (B) in clause (ii), by striking the period
2 and inserting ‘‘; or’’; and
3 (C) by adding at the end the following:
4 ‘‘(iii) the offense was in furtherance of
5 a white supremacy based motivation.’’.
6 SEC. 4. FINDINGS.
7 Section 4702 of the Matthew Shepard and James
8 Byrd Jr. Hate Crimes Prevention Act (18 U.S.C. 249
9 note) is amended by adding at the end the following:
10 ‘‘(11) Mass shootings and other hate crimes
11 motivated by white supremacy
have been increasing
12 in frequency and intensity. These heinous and viru-
13 lent crimes are inspired by conspiracy theories, bla-
14 tant bigotry, and mythical falsehoods such as ‘‘re-
15 placement theory’’
. All instances must be prevented
16 and severe criminal penalties must be applied to
17 their perpetrators.’’.

There is a section in HR 61 that states: Department of Justice shall maintain records of white supremacy inspired hate crimes and related actions cited in this section. Does this mean that groups that talk about the ongoing replacement in the West will be looked at? (As if they aren’t already).

Also, will law enforcement to more than simply monitor and keep records? Will there be active involvement in setting up undercover operations or honeypots?

The Bill also talks about postings on the internet which people who are “susceptible to being encouraged” might read or view the content. This is another slippery slope. It seems designed to force authors to water down whatever they say because of what some random person “might” say or do.

Census data — Government distributed — in countries across the West have shown considerable demographic changes (or replacement, depending on your slant) over the last 60 or so years. Was it racist to have generated this information in the first place? Is it racist to openly and honestly discuss what is happening?

Moreover, the mainstream media has addressed this topic many times in the last few decades. It’s openly predicted that most countries in the West will be majority non-white by the end of this century, if not sooner. This is hardly a secret.

Hate crimes are already illegal in the U.S. So, why is this specific Bill necessary?

To play devil’s advocate here: this could simply be about grandstanding. It wouldn’t be the first time a politician put forth legislation they never planned to advance in order to score points. Then again, it may not be the case.

The vague and undefined definitions and explanations are possibly the worst part, as there are no actual standards to be applied.

(1) https://www.congress.gov/118/bills/hr61/BILLS-118hr61ih.pdf
(2) BILLS 118 House Resolution 61
(3) https://www.congress.gov/member/sheila-jackson-lee/J000032
(4) https://www.npr.org/2022/05/16/1099034094/what-is-the-great-replacement-theory
(5) https://www.businessinsider.com/buffalo-mass-shooting-latest-linked-to-great-replacement-theory-2022-5?op=1

Declaration on the North American Partnership for Equity and Racial Justice

It’s the most harmless sounding names that are most chilling.

The Government of Canada has announced a new agreement with the United States and Mexico: The Declaration on the North American Partnership for Equity and Racial Justice. Mélanie Joly, Foreign Affairs Minister, also tweeted about it.

While this sounds fine enough, the vague wording of much of the text is cause for concern.

Considering the lengths that these countries have gone in establishing equal rights, it seems unproductive to keep pushing the narrative that there’s all these hate groups and institutions. It comes across as having the effect of making peaceful co-existence impossible, and maybe that’s the point.

It’s unclear what exactly “racial justice” would involve. If it were simply equal rights, then it would be very different to oppose. But would it be reparations? This idea has been floated in recent years. Perhaps it involves affirmative action or quotas in various institutions.

To address the obvious: this document doesn’t advocate for “equality”. That would be equal rights and opportunities between people. That would be fine. Instead, it calls for “equity”, which is equality of outcome, and sounds pretty much like Communism.

There’s a bit of a bait-and-switch here as the document calls on partners to: “root out the barriers to equal opportunity”. However, they are pushing equity (equality of outcome), while attempting to persuade others that it’s about equal opportunity.

Declaration between the Government of the United Mexican States, the Government of Canada, and the Government of the United States of America.

Across our three nations, generations of leaders have fought to build democracies where people from richly diverse histories and cultures share the equal promise of freedom and inclusion. Our diversity is North America’s greatest strength, as it boosts innovation, leads to economic growth, enriches our democracies, and advances our security.

Yet in spite of our progress, many across North America continue to face intersecting forms of systemic racism, discrimination and hate because of who they are, whom they love, the language they speak, their nation of origin, the color of their skin, and their religion or beliefs. Discrimination on the basis of race, ethnicity, national origin, sex, sexual orientation, gender identity, age, disability, religion, belief, language, and socio-economic status persist throughout our region and in each of our countries. Tribal Nations and Indigenous peoples, who have lived in North America since time immemorial, continue to face unacceptable disparities and barriers, as do other communities with lived experience of discrimination and racism. Systemic racism, expressions of white supremacy and discrimination in all forms diminish our economic growth, limit our prosperity, undermine national and regional security, and threaten the durability of our democracies. To unleash North America’s full and vast potential, we must comprehensively address these barriers and challenges.

Building on efforts in our respective countries to advance equity and racial justice, at the 2021 North American Leaders’ Summit President Andrés Manuel López Obrador, Prime Minister Justin Trudeau, and President Joseph R. Biden, Jr. declared their commitment to building just, inclusive, and equitable democracies that combat systemic racism and discrimination in all forms. Following that declaration, we committed to working together to create a North America in which every individual has an equal opportunity to achieve their full potential and equal participation in social, cultural, economic, and political life.

We now establish this North American Partnership as a reflection of our common commitments to advancing equity and racial justice within our countries, and our intent to work collaboratively to address systemic forms of discrimination and honor the diverse tapestry of histories, customs, cultures, languages, identities, ethnicities, abilities, and beliefs that make North America strong.

In recognition of our close ties and shared vision, the Participants in this Partnership will:

(1) Work within our own countries to affirmatively advance equity and racial justice, and to comprehensively root out the barriers to equal opportunity that marginalized communities continue to face.

(2) Establish a Trilateral Racial Equity and Inclusion Expert Network to facilitate the exchange of information to share best practices and innovative strategies developed across our three countries for advancing equity and racial justice in our public policies and societies, and to help identify further action areas for the Partnership. In establishing this expert exchange, we will seek opportunities to engage communities with lived experience of racism and discrimination on driving solutions to protect the rights of members of marginalized communities; advance health equity and economic inclusion; address racial and other disparities in the justice system, access to the ballot, and educational opportunities; and reflect the diversity of our nations in our federal public services workforce.

(3) Collaborate together to advance equity and racial justice through our participation in regional and multilateral organizations, such as the United Nations and other fora. This includes advancing the rights and aspirations enshrined in multilateral commitments, such as the UN Declaration on the Rights of Indigenous Peoples, the International Decade for People of African Descent, the UN Sustainable Development Goals, and other joint undertakings.

Discrimination against people “for who they love”, is presumably referring to adults of the same sex. However, it wouldn’t take much to expand that to include pedophilia, as the language is very vague. As for gender identity, many would agree that this has been forced on the public far too much already.

“Reflect[ing] the diversity of our nations in our federal public services workforce” is code for hiring quotas. Most people can agree that a merit-based civil service is the best way to have it. Social engineering shouldn’t push that principle aside

As for “address racial and other disparities in the justice system”, does this mean something like Gladue Rights across the continent? This would be race-based discounts in criminal court, due to overrepresentation of certain groups.

This agreement also endorses the United Nations Sustainable Development Agenda (Agenda 2030), and connects equity and racial justice to that.

The claim that certain groups “face unacceptable disparities and barriers” is telling, even if hard to understand. Disparities simply refers to differences in overall outcomes. This can be for many reasons, and is not necessarily discrimination. But it goes on imply that these differences are the direct result of some barriers that are put in place. This follows the assumption that groups of people would essentially be the same if others wouldn’t oppress them in some way.

An obvious example is the long debunked wage gap. Just because men and woman — on average — make different personal and lifestyle choices, doesn’t mean discrimination took place.

While the text sounds well meaning enough, domestic implementation of such ideals would invite even more Government overreach and interference.

And a logistical question: what would happen to people who decide that they want nothing to do with such a system? What punishments would they face?

(1) https://www.canada.ca/en/canadian-heritage/campaigns/federal-anti-racism-secretariat/declaration-partnership-equality-racial-justice.html
(2) https://twitter.com/melaniejoly/status/1612801847076749314
(3) https://www.state.gov/declaration-on-the-north-american-partnership-for-equity-and-racial-justice/
(4) https://www.state.gov/declaration-on-the-north-american-partnership-for-equity-and-racial-justice-2/

Digital Citizen Contribution Program: Grants Continuing Into 2022

More recent payouts from the Digital Citizen Contribution Program are now available on the Government of Canada website. These are subsidies to promote certain viewpoints and ideologies deemed to be favourable.

Of course, the Digital Democracy Project and the Media Literacy Week are still ongoing. The D.D.P is expected to cost $2.5-million over four years, while the M.L.W. another $225,000 over three years,

As an aside, UNESCO seems to have taken note of Canada’s Digital Citizen Initiative, and dedicated a page to covering it. That’s interesting.

The listings for latest grants include:

NAME YEAR AMOUNT
Alex Wilner and Casey Babb Aug. 10, 2020 $9,900.00
Alperin, Juan P. Apr. 1, 2020 $20,000.00
Apathy Is Boring Project Apr 1, 2022 $50,000.00
Asian Environmental Association – HUA Foundation Apr. 1, 2020 $64,660.00
BILAL Community & Family Centre Aug. 15, 2020 $40,000.00
Calgary Animated Objects Society Aug. 1, 2020 $40,000.00
Centre for Democracy and Development Oct. 22, 2018 $49,420.00
The Centre For Israel And Jewish Affairs Sep. 1, 2020 $38,000.00
Côté, Catherine Mar. 22, 2020 $8,000.00
Chun, Wendy H.K. Apr. 1, 2020 $20,000.00
CIVIX Nov. 15, 2018 $23,000.00
CIVIX Apr 1, 2022 $1,000,000.00
Colasante, Tyler Jan. 1, 2020 $10,000.00
Concordia University Oct. 1, 2020 $39,270.00
Concordia University Aug 1, 2021 $90,536.00
Concordia University Apr 30, 2022 $50,000.00
Conflict And Resilience Research Institute Apr 1, 2022 $47,500.00
Daveed Gartenstein-Ross, David Jones Dec. 17, 2019 $49,916.00
David Morin, Marie-Ève Carignan Dec. 4, 2020 $44,838.00
Digital Public Square Mar. 1, 2020 $679,176.00
Digital Public Square May 1, 2022 $999,970.00
Disinfowatch Apr 4, 2022 $49,800.00
Evans, Jennifer V. Apr. 1, 2020 $20,000.00
Evidence For Democracy May 1, 2022 $47,500.00
Fleerackers, Alice L. Jan. 1, 2020 $10,000.00
Gingras, Marie-Pier Jan. 1, 2020 $10,000.00
Grisdale, Sean E. Jan. 1, 2020 $10,000.00
Historica Canada Jun 1, 2022 $50,000.00
Hodson, Jaigris N. Apr. 1, 2020 $20,000.00
Indigenous Culture And Media Innovations Aug 1, 2021 $100,000.00
Institute For Canadian Citizenship Mar. 24, 2020 $490,880.00
Institute For Democracy, Media & Culture Jul. 27, 2020 $35,750.00
Institute On Governance Oct. 1, 2020 $100,000.00
International Republican Institute Mar. 15, 2019 $2,973,531.00
Internews Network Mar. 19, 2020 $3,172,323.00
Institut Canadien De Recherche Sur Les Minorités Linguistiques Aug 2, 2021 $100,000.00
IRIS Communications Oct. 1, 2020 $99,500.00
JHR – Journalists for Human Rights Jun. 1, 2019 $250,691.00
JHR – Journalists for Human Rights Jul. 14, 2020 $1,479,856.00
Ketchum, Alexandra D. Mar. 22, 2020 $23,455.00
Kingdom Acts Foundation Sep. 1, 2020 $70,500.00
Lavigne, Mathieu Jan. 1, 2020 $10,000.00
Lennox, Rebecca Jan. 1, 2020 $10,000.00
Les 3 Sex/The 3 Sex Aug 30, 2021 $100,000.00
Macewan University Nov. 1, 2020 $69,000.00
Mack, Amy C. Jan. 1, 2020 $10,000.00
Magazines Canada May 15, 2019 $63,000.00
Manchester Metropolitan University Feb. 1, 2020 $214,837.00
Matthews, Kyle Apr. 20, 2020 $33,377.00
McLevey, John V.P. Apr. 1, 2020 $20,000.00
Mediasmarts Apr 1, 2022 $50,000.00
Moisse, Katie Mar. 22, 2020 $13,417.00
Nathalie Furrer Aug. 10, 2020 $10,000.00
Nelson, Kim A. Mar. 22, 2020 $24,498.00
Neubauer, Robert J. Jan. 1, 2020 $10,000.00
Org. For Economic Co-Operation/Development Oct 15, 2021 $40,000.00
PeaceGeeks Society Nov. 11, 2015 $46,200.00
Pennycook, Gordon R. Apr. 1, 2020 $20,000.00
QuantSpark Foundation Feb. 26, 2020 $1,155,622.00
Royal Institution For The Advancement Of Learning Jul 1, 2022 $50,000.00
Rupantar Oct. 28, 2018 $24,996.00
Ruslan Stefanov, Director, Jul. 3, 2018 $15,000.00
Ryerson University Apr. 1, 2019 $290,250.00
Ryerson University Jan. 1, 2020 $225,300.00
Ryerson University Sep. 18, 2020 $97,407.00
Ryerson University May 1, 2022 $50,000.00
Science North Sep. 1, 2020 $40,000.00
Simon Fraser University Jan. 19, 2019 $28,750.00
Simon Fraser University – Int’l Cybercrime Research Oct. 1, 2020 $96,600.00
Taylor, Emily Jan. 1, 2020 $33,250.00
Trybun Jan. 21, 2019 $7,114.00
Universite De Montreal Faculte Des Sciences Sep 1, 2021 $92,000.00
University Of Alberta Jul 1, 2021 $99,948.00
University Of Toronto Sep 1, 2021 $58,728.00
University Of Waterloo Jul 2, 2021 $100,000.00
Young, Hilary A.N. Apr. 1, 2020 $20,000.00
York University Nov. 1, 2020 $99,956.00

Note: since this list was originally used, it seems a few of the names have been reclassified (as to whether they are part of the DCCP). Nonetheless, these are all still projects that were funded by public tax dollars. Now, what areas are being funded?

(a) First research projects call for proposals (closed November 1, 2019)
This call for proposals sought projects that met at least 1 of the following priorities:

-research projects, where activities have a positive domestic impact on Canada or Canadians, and include primary research, such as surveys, interviews, field experiments, or lab-based experiments, as well as secondary research such as literature reviews and meta-analyses; production and analysis of datasets; and creation of tools such as software programs to support research
-evaluation projects, where activities will seek to evaluate the impact of existing Canadian or international programming and research addressing disinformation and other online harms

(b) Second research projects call for proposals (closed on September 18, 2020)
This call for proposals sought projects that met at least 1 of the following priorities, with a maximum funding ask of $100,000/project:

-projects that aim to map/predict the next issues and/or types of online disinformation and other related harms that Canada and/or Canadians might face, how they could be tackled, and by whom
-projects that aim to help better understand the impact of disinformation and related harms on diverse and marginalized communities in Canada, with a gender-based analysis lens
-projects that aim to understand the societal factors and psychological characteristics that motivate individuals to take up the call for online and offline disinformation related activities
-projects that aim to understand the impacts of a lack of exposure to diverse content online, including understanding how users access reliable news and information in Canada, as well as the impacts of algorithmic systems on the content users are exposed to and consume on online platforms

(c) Third research projects call for proposals (closed on May 28, 2021)
This call for proposals sought projects that met at least 1 of the following priorities, and under this call, successful recipients received funding up to $100,000:

-projects that aims to understand the role of algorithms, artificial intelligence, and other system-level factors on mainstream and fringe online platforms as they pertain to the spread, uptake, and impacts of disinformation and related harms, including on user behaviour and content consumption, and their potential uses towards a diverse and healthy information ecosystem;
-projects that aims to understand the domestic and transnational spread, evolution, and impacts of online disinformation and related harms through and on diaspora, Indigenous, and non-English primary language communities in Canada using a GBA+ lens, including impacts on societal outcomes; or
-projects that aims to evaluate existing Canadian or international research and programming related to online disinformation and their effectiveness in furthering positive societal outcomes, such as citizen resilience, social inclusion, media literacy, and participation and trust in democratic processes.

(d) Special COVID-19 calls (closed July 31, 2020)
The Digital Citizen Contribution launched 2 special COVID-19 calls for proposals. The first call provided up to $3.5 million in funding to amplify the efforts of 10 organizations supporting citizens to think critically about the health information they find online, to identify mis- and disinformation, and limit the impact of racist and/or misleading social media posts relating to the COVID-19 pandemic.

The second call also aimed to amplify the efforts of organizations supporting citizens to think critically about the health information they find online, to identify mis- and disinformation, and limit the impact of racist and/or misleading social media posts relating to the COVID-19 pandemic. This call provided time-limited financial assistance to 24 projects of up to $40,000 per project.

(e) Special Ukraine Crisis Call (closed on April 1, 2022)
In the light of Russia’s invasion of Ukraine, this special call is aimed to address the growing spread of harmful misinformation and disinformation. The special targeted call was launched to fund initiatives that help people identify misinformation and disinformation online.

As the pandemic continues into its third year and the Russian invasion of Ukraine now threatens democracies around the world, we need to do more to counter the growing spread of harmful misinformation and disinformation. Today, the Honourable Pablo Rodriguez, Minister of Canadian Heritage, announced the launch of a special, targeted call for proposals totalling $2.5 million to fund initiatives that help people identify misinformation and disinformation online.

Through the Government’s Digital Citizen Initiative (DCI), Canadians can respond and help in the global efforts to counter misinformation and disinformation. The DCI supports democracy and social cohesion in Canada by building citizen resilience against misinformation and disinformation, and building partnerships to support a healthy digital information society.

Of course, there’s no mention that the authorities themselves routinely engage in misinformation and outright deception.

Not only are mainstream outlets controlled and funded by Government, but these grants make it difficult to trust anyone. Even independents may be suspect if they are dependent on money from interested parties.

(1) https://search.open.canada.ca/grants/
(2) https://search.open.canada.ca/grants/?sort=agreement_start_date+desc&page=2&search_text=%22digital+citizen+contribution+program%22
(3) https://www.canada.ca/en/canadian-heritage/news/2022/03/government-of-canada-reinforces-support-to-organizations-to-help-counter-harmful-disinformation.html
(4) https://ppforum.ca/articles/digital-democracy-project-to-examine-online-disinformation/
(5) https://mediasmarts.ca/media-literacy-week
(6) https://en.unesco.org/creativity/policy-monitoring-platform/digital-citizen-initiative
(7) https://canucklaw.ca/digital-citizen-contribution-program/
(8) https://canucklaw.ca/digital-citizen-contribution-program-next-round-of-grants/
(9) https://canucklaw.ca/digital-citizen-contribution-program-the-paris-call/

Digital Citizen Contribution Program & The Paris Call

It’s no secret that very little (if anything) the Canadian Government does actually originates organically from within this country. Typically, some international body or N.G.O. is responsible for setting it in motion. And efforts to combat misinformation online are no exception.

Activities like the Digital Citizen Initiative and Digital Citizen Contribution Program understandably raise questions. In a free and open society, should the Government be attempting to influence and manipulate public opinion on important topics? Why are we paying for this? And does this sort of thing end up doing an end run around democracy? (Not that we really have one)

Is advancing international cyber norms something Ottawa should be involved with? (See original)

All of that said, a more basic question needs to be asked:

Who’s really behind it?

Turns out that this stems from a 2018 agreement that received little coverage in the mainstream press. Here is how it’s explained on the Paris Call website.

In 2018, French President Emmanuel Macron launched the Paris Call for Trust and Security in Cyberspace with the goal of addressing new cyberspace threats that could endanger citizens and infrastructure. The Paris Call invites all cyberspace actors to work together and encourages states to cooperate internationally with private sector partners, the world of research, and civil society organizations.

Supporters of the Paris Call commit to working together to adopt responsible behaviour and secure cyberspace, based on a set of nine common principles. These principles act as a non-binding declaration and set a precedent as the largest-ever multi-stakeholder cybersecurity agreement in modern history.

Today, over 95 governments, nearly 350 international organizations, as well as more than 600 private sector entities have endorsed the Paris Call for Trust and Security in Cyberspace. Prime Minister Justin Trudeau publicly pledged Canada’s support for the Paris Call in November 2018.

The media grants to “safeguard democracy” are somewhat known in media and political circles. But what isn’t discussed is the international agreement done to make this happen.

Now, were any referendums or election campaigns ever held on joining some initiative like this? No. And it raises the question of who exactly will be setting the standards, enforcing the standards, and what kind of private information that will be shared.

Of course, Microsoft is involved in this project, because, why not?

As with all (or at least, most) agreements, this is considered non-binding. However, Government treats it as if it were a legitimate obligation. Now, what are the ideas behind this?

9 Principles of the Paris Call:

  • Protect individuals and infrastructure
  • Protect the Internet
  • Defend electoral processes
  • Defend intellectual property
  • Non-proliferation
  • Lifecycle security & supply chain security
  • Cyber hygiene
  • No private hack back
  • International Norms

On their own, these principles seem harmless, and in fact beneficial. But with all things, the details of how it would be implemented are worth looking at.

The Paris Call is supported by some 400 N.G.O.s and 700 private corporations, at least, according to recent updates on the site. That of course raises the question of who’s just there in a symbolic capacity, and who was actually involved in drafting these documents. They emphasize multi-stakeholder participation at the U.N., without really specifying.

Here, the Government uses taxpayer money to “combat harmful disinformation“. Now, it doesn’t (yet) call for the banning of certain viewpoints, but it does mean subsidizing and financing favourable ones.

This has led to the Digital Democracy Project and the “Media Literacy Week“, among other initiatives. The Federal Government is using taxpayer money to domestically implement an international agreement for cyberspace security.

The Digital Citizen Contribution Program was an initiative to hand out fairly large sums of money to “media influencers” that could potentially sway public opinion on a number of different topics.

The amounts and recipients of earlier grants were previously covered here. That addressed the DCCP, but was not exhaustive of these programs.

This seems like rebranded efforts such as Internet Governance Forum and the Digital Cooperation. Both of which were heavily influenced by the United Nations.

Special Ukraine Crisis Call
In the light of Russia’s invasion of Ukraine, this special call is aimed to address the growing spread of harmful misinformation and disinformation. The special targeted call was launched to fund initiatives that help people identify misinformation and disinformation online.

Yes, the Feds actually had a program to contract out influential people that could manipulate public opinion on the Ukraine-Russia situation. Is war propaganda ethical at all?

It’s not a stretch to see politicians go to the next level, and start banning or restricting viewpoints that contradict official narratives. It’s been talked out before.

One final point: let’s not pretend that this is limited to Trudeau or the Liberals. Had Stephen Harper been re-elected in 2015, he surely would have signed onto it.

(1) https://www.canada.ca/en/canadian-heritage/services/online-disinformation/digital-citizen-contribution-program.html
(2) https://www.canada.ca/en/canadian-heritage/news/2022/03/government-of-canada-reinforces-support-to-organizations-to-help-counter-harmful-disinformation.html
(3) https://www.canada.ca/en/democratic-institutions/news/2020/05/paris-call-trust-and-security-in-cyberspace.html
(4) https://pariscall.international/en/
(5) https://pariscall.international/en/principles
(6) https://pariscall.international/assets/files/10-11-WG3-Multistakeholder-participation-at-the-UN-The-need-for-greater-inclusivity-in-the-UN-dialogues-on-cybersecurity.pdf
(7) https://pariscall.international/assets/files/WG4-Final-Report-101121.pdf
(8) Paris Call Advancing International Norms
(9) Paris Call Text

Entering Canada Illegally: February 2017 – September 2022 Source Countries

Now for something that isn’t covered much by mainstream (or alternative) media. Who exactly is coming into Canada illegally, in between official border ports of entry? What are the numbers? Fortunately, the Immigration and Refugee Board has at least some information to share.

As readers will know, the overwhelming majority of people coming illegally are entering through Roxham Road in Quebec. They should be turned away, but aren’t.

Let’s look at some hard numbers:

RANK COUNTRY INTAKE ACC REJ ABAN WD&O RESOLVED PENDING
1 Nigeria 16,834 5,408 7,716 204 2,329 15,657 1,177
2 Haiti 14,621 2,534 5,024 380 827 8,765 5,856
3 Columbia 5,158 2,217 664 62 168 3,111 2,047
4 Turkey 3,451 1,889 48 27 33 1,997 1,454
5 Pakistan 2,859 1,401 775 30 138 2,344 515
6 D.R. Congo 2,540 604 626 38 210 1,478 1,062
7 Sudan 1,825 1,418 130 28 82 1,658 167
8 Angola 1,808 568 524 22 103 1,217 591
9 Yemen 1,353 1,076 55 <20 <20 1,159 194
10 Eritrea 1,274 1,026 <20 <20 117 1,215 59
n/a All Others 21,674 11,199 4,555 456 1,469 17,679 3,996
n/a Total 73,397 29,340 20,177 1,265 5,498 56,280 17,118

ACC = Accepted
REJ = Rejected
ABAN = Abandoned
WD&O = Withdrawn And Other

**The IRB lists some totals as <20, and they claim that this is done for privacy reasons. The logic seems to be that if there were only a few who crossed, it would be easier to identify them.

Over 73,000 people have come illegally since 2017, less than 6 years ago. The above totals are from February 2017 through September 2022. The I.R.B. claims that it didn’t have access to such information prior to this. Nonetheless, it’s a good snapshot at what’s going on.

Isn’t this lovely? The bulk of the people ILLEGALLY entering Canada are from the 3rd World. They’ve already passed on at least one safe country — the United States — one that gets hundreds of thousands of applications per year.

And again, this could be stopped very quickly. However, politicians (of all stripes) actively work against the interests of their own citizens.

(1) https://www.irb-cisr.gc.ca/en/statistics/Pages/irregular-border-crossers-countries.aspx
(2) https://archive.vn/hkz3h
(3) Wayback Machine

Supreme Court Reserves Decision On Challenge To Safe Third Country Agreement

The Supreme Court of Canada recently heard a challenge to strike down the Safe Third Country Agreement (S3CA), on grounds that it violates the Charter of Rights. This was based on 3 consolidated cases of people attempting to enter Canada from the U.S., and being denied.

The primary NGOs acting were: (a) Amnesty International; (b) the Canadian Council for Refugees; and (c) the Canadian Council of Churches. However, there were others who piled on, demanding open borders for people entering Canada illegally.

  • Appellant Canadian Council for Refugees et al.
  • Appellant Minister of Citizenship and Immigration Minister of Public Safety and Emergency Preparedness
  • Intervener Association québécoise des avocats et avocates en droit de l’immigration
  • Intervener David Asper Centre for Constitutional Rights et al
  • Intervener National Council of Canadian Muslims et al
  • Intervener Canadian Association of Refugee Lawyers
  • Intervener Queen’s Prison Law Clinic
  • Intervener Canadian Civil Liberties Association
  • Intervener British Columbia Civil Liberties Association
  • Intervener Advocates for the Rule of Law
  • Intervener Rainbow Railroad
  • Intervener HIV AIDS Legal Clinic of Ontario
  • Intervener Canadian Lawyers for International Human Rights et al
  • Intervener Rainbow Refugee Society

It’s strange that virtually any special interest group can get standing as an intervenor to attack our borders. Meanwhile, actual citizens don’t have standing to demand that laws and borders be enforced.

For context, it’s important to realize that attacking the function of a border is not new. In fact, these groups have been at it for a long time. Here are some of their efforts. Note: these listings are not exclusive.

Efforts appear to have kicked off after January 1, 1989. This was based on changes to the procedures for determining whether applicants come within the definition of a Convention Refugee.

First attempt to remove “safe country” designation:

April 26, 1989, the Federal Court dismissed an application to strike from the Attorney General of Canada. This had been brought on the basis that the Canadian Council of Churches did not have standing to bring the action and had not demonstrated a cause of action.

March 12, 1990, the Federal Court of Appeals refused to hear the challenge of this idea, since no country had yet been designated a “safe country”. In other words, the Canadian Council of Churches had simply fought the concept of a safe country designation.

January 23, 1992, the Supreme Court disallowed the challenge on the grounds that the CCC lacked the necessary standing, and that there were other, more effective ways to achieve their results.

Second attempt to remove “safe country” designation:

December 2004, the Canada/U.S. Safe Third Country Agreement comes into effect. It’s worth noting that it’s really a 3-way treaty that includes the UNHCR, or United Nations High Commission on Refugees. Of course, there are also limitation and exceptions that make it largely worthless.

November 29, 2007, the Federal Court ruled that the S3CA violated Sections 7 and 15 of the Canadian Charter, and that they couldn’t be “saved” as reasonable limitations under Section 1. Ottawa decided to appeal that ruling.

June 27, 2008, the previous ruling was set aside on the grounds that appearing at a border port meant they could be turned away, and that it wasn’t a breach of international obligations.

Third attempt to remove “safe country” designation:

July 23, 2015, the Federal Court allowed reconsideration of refugee applications from people coming from Hungary and Serbia. Up until this point, those countries were considered “safe” under the Designation Country of Origin (DCO) policy. This meant that approximately 40 countries — mainly in Europe — were viewed as safe. As a result, there would be mechanisms to expedite the process (and deportations) of claimants from there.

May 17, 2019, the Trudeau Government ended the DCO practice. This meant that no source country would automatically be considered “safe”, for people coming to Canada. Considering the S3CA was still in place, that left the United States as the only country that people could be turned away from (close to automatically). The list (and dates) are still available for reference.

Fourth attempt to remove “safe country” designation:

July 22, 2020, the Federal Court ruled that Section 7 of the Charter (security of the person) was violated by the S3CA. While Section 15 (equality) was cited as well, the Judge declined to rule on that provision. Barring an appeal, or legislative changes, the treaty was effectively dead.

April 15, 2021, the Federal Court of Appeals overturned that decision. Section 7 was no violated after all. Now, there had been a cross appeal, as the initial Judge declined to address Section 15. That was dismissed as well, meaning the S3CA was restored to its original form.

October 6, 2022, the Supreme Court hears arguments on striking down the S3CA on constitutional grounds. The decision is reserved, and it’s unclear when the ruling will occur. This is where we are today.

There’s a certain hypocrisy that needs to be pointed out: Refugee groups attack the S3CA, at least partially on the grounds that the U.S. is an unsafe country, and that they need better protection. In the meantime, these same groups promote refugee resettlement into America, as it’s a safe haven. In other words, whether or not the U.S. is safe depends entirely on who the audience is.

Of course, there was never any consultation with Canadians as to whether this is what they really wanted. It’s outrageous that the citizens might want to weigh in.

There’s also another elephant in the room that needs to be addressed: having lax border policies makes it easier to smuggle (or worse, traffic) people into another country. This does nothing to address that problem, but more on that elsewhere on the site.

(1) https://scc-csc.ca/case-dossier/info/sum-som-eng.aspx?cas=39749
(2) https://scc-csc.ca/case-dossier/info/af-ma-eng.aspx?cas=39749
(3) https://www.canlii.org/en/ca/fct/doc/1989/1989canlii9436/1989canlii9436.html
(4) https://www.canlii.org/en/ca/fca/doc/1990/1990canlii8019/1990canlii8019.html
(5) https://www.canlii.org/en/ca/scc/doc/1992/1992canlii116/1992canlii116.html
(6) https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/agreements/safe-third-country-agreement/final-text.html
(7) https://www.canlii.org/en/ca/fct/doc/2007/2007fc1262/2007fc1262.html
(8) https://www.canlii.org/en/ca/fca/doc/2008/2008fca229/2008fca229.html
(9) https://www.canlii.org/en/ca/fct/doc/2015/2015fc892/2015fc892.html
(10) https://www.canada.ca/en/immigration-refugees-citizenship/news/2019/05/canada-ends-the-designated-country-of-origin-practice.html
(11) https://www.canlii.org/en/ca/fct/doc/2020/2020fc770/2020fc770.html
(12) https://www.canlii.org/en/ca/fca/doc/2021/2021fca72/2021fca72.html