Category: *SOLUTIONS*

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Have An Actual Entry/Exit Tracking System In Canada

(Global News tells “part” of the story on inadmissibles)

1. Previous Solutions Offered

A response that frequently comes up is for people to ask what to do about it. Instead of just constantly pointing out what is wrong, some constructive suggestions should be offered. This section contains a list of proposals that, if implemented, would benefit society. While the details may be difficult to implement, at least they are a starting point.

2. Important Links

(A) “https://canucklaw.ca/students-and-temporary-workers-how-many-actually-stay/
(B) https://canucklaw.ca/full-scale-of-inadmissibles-getting-residency-permits-what-global-news-leaves-out/
(C) https://canucklaw.ca/statscan-research-fake-students-using-visas-to-immigrate/
(D) https://canucklaw.ca/canadian-parliament-discusses-work-permits-that-are-issued-for-illegals/
(E) https://canucklaw.ca/canada-pathway-to-permanent-residence-for-illegals-their-families/
(F) https://canucklaw.ca/sanctuary-cities-an-end-run-around-having-borders/

(1) https://www.ctvnews.ca/canada/canada-to-begin-collecting-exit-passport-data-1.2947418
(2) http://archive.is/feDOA
(3) https://www.cbsa-asfc.gc.ca/btb-pdf/ebsiip-asfipi-eng.html
(4) http://archive.is/krWR3
(5) https://globalnews.ca/news/6040749/canada-border-services-agency-arrest-warrants-cancelled/
(6) http://archive.is/4jQA9
(7) https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/permanent-residence-construction-workers-gta.html
(8) http://archive.is/e6OYZ
(9) https://canadianlabour.ca/permanentresidence/
(10) http://archive.is/s3pq6
(11) https://www.thestar.com/news/canada/2008/05/07/41000_illegal_immigrants_gone_missing.html
(12) http://archive.is/bayYs
(13) https://torontosun.com/2017/03/14/the-high-cost-of-illegal-migrants/wcm/a2cdce17-4808-48df-9569-1247cba8bcf0
(14) http://archive.is/Xk9l4

Annual Immigration Reports To Parliament
(1) 2004 Annual Report to Parliament
(2) 2005 Annual Report to Parliament
(3) 2006 Annual Report to Parliament
(4) 2007 Annual Report to Parliament
(5) 2008 Annual Report to Parliament
(6) 2009 Annual Report to Parliament
(7) 2010 Annual Report to Parliament
(8) 2011 Annual Report to Parliament
(9) 2012 Annual Report to Parliament
(10) 2013 Annual Report to Parliament
(11) 2014 Annual Report to Parliament
(12) 2015 Annual Report to Parliament
(13) 2016 Annual Report to Parliament
(14) 2017 Annual Report to Parliament
(15) 2018 Annual Report to Parliament
(16) 2019 Annual Report to Parliament
(0) Archived listings of Reports

3. Context For This Article

For a nation to have meaningful borders, it must keep track of who is entering and exiting the country. It must do both, as merely recording the entrances is not enough.

Why is this? Because the nation will have no idea how many people actually remain in the country. A person entering on a tourist visa may leave Canada in a week, or may still be there a decade later.

Unfortunately for Canadians, all of the major parties at the Federal level (and many at the Provincial level) are not at all interested in providing meaningful border security to their people. It isn’t for a lack of knowledge of the subject, but instead it’s not on their agendas.

4. Trudeau: 4+ Years To Implement

In 2016, the Federal Government announced plans to start collecting exit information from people leaving the country. This really is common sense. While we (theoretically) know how many people, who, and when, are ENTERING Canada, until now they Government doesn’t track who is LEAVING. Perhaps we just take it on face that everyone leaves when they should.

And one of the major benefits stated is to help reduce immigration fraud. If a person is “counting time” towards living in Canada, but doesn’t actually live here, then the Immigration Ministry should know about it.

When this does get implemented, then a gaping hole in Canadian border security should be fixed, right? Maybe not.

Canada collects basic biographic information on travellers who enter and leave the country by land to ensure complete travel history information is available, thereby strengthening the management of our border.

Biographic entry information is routinely collected directly from all travellers entering Canada upon presentation to a CBSA officer at a port of entry as part of the primary inspection process. Canada also collects exit information in the land mode. Canada receives biographic entry information from the United States (U.S.) on all travellers who enter the U.S. through a land border crossing, thereby enabling the creation of a Canadian exit record.

Regulatory amendments for the air mode are expected to come into force in Summer 2020. Once fully implemented in the air mode, Canada will collect basic exit information directly from air carriers through passenger manifests. Exit information collected in the air mode will not be shared with the U.S.

The collection of exit information enhances the CBSA’s ability to manage border security by closing the loop on an individual’s travel history. This allows the CBSA to focus efforts and resources towards unknown or higher risk travellers.

This still isn’t fully implemented, and won’t be until at least 2020. That’s right, these changes were announced in 2016, and over three years later, are not fully implemented. Guess the potential fraud and security risks aren’t that great.

Right now, departures by air are not recorded by CBSA. Unless someone is travelling to the United States, (and even then not always) he/she is flying in a plane. Boating isn’t really a practical solution for international travel to and from Canada.

As for people wanted for criminal or other reasons, the CBSA (Canada Border Services Agency) has revealed that it deletes old arrest warrants.

Currently, there are more than 48,000 active arrest warrants in Canada for people wanted on immigration violations. According to the Canada Border Services Agency (CBSA), the “vast majority” of these cases involve people wanted for deportation.
But these figures may not tell the whole story.

Global News has learned the CBSA cancels arrest warrants for failed refugee claimants and other people wanted for removal who it cannot find, even in cases where it is not clear whether a person has left Canada.

What’s more, the CBSA does not track how many warrants it cancels in cases where a person’s whereabouts are unknown.
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Because the CBSA only recently started tracking people when they exit the country by land — and still doesn’t track people who leave by air — there’s no way for the government or CBSA to say for sure how many people have overstayed their welcome.

Back in the early 2000s, when he worked at the agency that would later become the CBSA, Sundberg says he was assigned to a team in Lethbridge, Alta., tasked with “culling” old warrants for people facing deportation whose cases had been in the system for at least five years.

The protocol for cancelling a warrant, Sundberg said, involved calling known associates of the wanted person, doing internet searches and checking criminal and entry records in other countries to see if someone wanted for arrest had left Canada voluntarily.

The Canada Border Services Agency apparently cancels warrants for people wanted for immigration violations, if the warrants are old.

Moreover, there appears to be no tracking of how many warrants get cancelled either. Just a hunch, but it probably looks bad in the CBSA’s eyes if they have a lot of outstanding warrants. Makes them look slow and unproductive. Alternatively, this could be a deliberate attempt to make sure that people in the country illegally and/or committing other crimes won’t be deported.

5. Previous Efforts At Entry/Exit

Phase I Joint Canada-United States Report
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Executive Summary
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As part of the Beyond the Border Declaration and Action Plan agreed to by President Obama and Prime Minister Harper in 2011, the United States and Canada are developing a coordinated Entry/Exit Information System at their shared land border. The Entry/Exit Information System will facilitate exchanges of entry information such that an entry into one country is considered an exit from the other. This exchange will help better manage immigration program and border management practices, as it is important for Canada and the United States to determine when individuals both enter and depart our respective countries. For example, an Entry/Exit Information System will help determine whether third country nationals and permanent residents are complying with domestic immigration laws. This project can help move us closer to meeting this need through mutual collaboration and without expensive new infrastructure or unnecessary processing that would slow down trade and travel between the two countries.

The Entry/Exit Information System will be implemented in three phases. During the first phase, which began in September 2012 and concluded in January 2013, the countries exchanged biographic entry data only on third country nationals and permanent residents (but not U.S. or Canadian citizens) who crossed the common land border at four locations. This report covers the activities of Phase I.

In 2011, Canada and the U.S. reached an agreement to start an entry/exit system between the two countries. Not much progress has been made since.

6. Tourists Coming Into Canada Annually

TRV = Temporary Resident Visa
eTA = Electronic Travel Authorization

YEAR TRV Issued eTA Issued Totals Cumulative
2016 1,347,898 2,605,077 3,952,975 –
2017 1,617,222 4,109,918 5,570,197 –
2018 1,898,324 4,125,909 6,024,233 –

Certainly, the overwhelming majority of these people are simply tourists who will leave. However, without an exit tracking system, we don’t really know how many. That is just the official data for the last few years.

7. “Inadmissibles” Let Into Canada Anyway


(Source: 2019 Annual Report to Parliament on Immigration)

Broadly speaking, there are two provisions within IRPA, the Immigrant and Refugee Protection Act, that allow people who were previously deemed inadmissible to Canada to be given Temporary Resident Permits anyway. Here are the totals from the Annual Reports to Parliament on Immigration. Note: the first one listed only started in 2010.

YEAR TRP Issued
2010 17
2011 53
2012 53
2013 280
2014 385
2015 1,063
2016 596
2017 555
2018 669

From 2010 to 2018, a total of 3671 people who were otherwise inadmissible to Canada were allowed in anyway under Rule 25.2(1) of IRPA. This is the category that Global News previously reported on. As for the other one, under Rule 24(1) of IRPA, Global News leaves that out:

Year Permits Cumulative
2002 12,630 12,630
2003 12,069 24,699
2004 13,598 38,297
2005 13,970 52,267
2006 13,412 65,679
2007 13,244 78,923
2008 12,821 91,744
2009 15,640 107,384
2010 12,452 107,384
2011 11,526 118,910
2012 13,564 132,474
2013 13,115 145,589
2014 10,624 156,213
2015 10,333 166,546
2016 10,568 177,114
2017 9,221 186,335
2018 7,132 193,467

From 2002 to 2018 (inclusive), a total of 193,467 people previously deemed inadmissible to Canada were given Temporary Resident Permits anyway. This has almost certainly been going on for a lot longer, but is as far back as the reports go. Now let’s consider the reasons these people are initially refused entry.

SEC = Security (espionage, subversion, terrorism)
HRV = Human or International Rights Violations
CRIM = Criminal
S.CRIM = Serious Criminal
NC = Non Compliance
MR = Misrepresentation

YEAR Total SEC HRV Crim S.Crim NC MR
2002 12,630 ? ? ? ? ? ?
2003 12,069 17 25 5,530 869 4,855 39
2004 13,598 12 12 7,096 953 4,981 20
2005 13,970 27 15 7,917 981 4,635 21
2006 13,412 29 20 7,421 982 4,387 18
2007 13,244 25 8 7,539 977 4,109 14
2008 12,821 73 18 7,108 898 4,170 17
2009 15,640 32 23 6,619 880 7,512 10
2010 12,452 86 24 6,451 907 4,423 36
2011 11,526 37 14 6,227 899 3,932 11
2012 13,564 20 15 7,014 888 5,206 18
2013 13,115 17 10 6,816 843 5,135 8
2014 10,624 12 2 5,807 716 3,895 14
2015 10,333 3 3 5,305 578 4,315 28
2016 10,568 8 4 4,509 534 2,788 20
2017 9,221 10 5 5,035 591 3,412 121
2018 7,132 5 3 4,132 559 2,299 131

The original work for this section was done back in December 2019, but the findings as just as valid today.

8. Ghost Students Coming On Visas

(StatsCan research on students, including fake student visas)

(Large numbers of student visa holders are not enrolled)

The IMDB contains information on all temporary and permanent residents since 1980. For the purposes of this study, only the information on temporary residents was used. Specifically, the number of valid postsecondary study permit holders was generated to compare it with the actual number of international students enrolled in postsecondary programs based on data from PSIS, which contains program information for all students enrolled in Canadian public postsecondary institutions. Immigration status is listed in PSIS because postsecondary institutions are allowed to charge international students higher tuition fees than Canadian students, and this information is collected annually. Three groups were analyzed separately in this study: Canadian citizens, permanent residents, and student visa or permit holders (international students). The T1FF is a census of all Canadian taxfilers and their spouses and children. It contains detailed income information as well as basic demographics. The information on T4 wages and salaries in the T1FF was of particular interest in this study.

The study found that approximately 69.5% of postsecondary study permit holders actually enrolled in a postsecondary program in 2015—up from 51.8% in 2009. Between 2009 and 2015, the number of international postsecondary students nearly doubled. This resulted in a significant increase in the proportion of postsecondary students who were international students (from 6.6% in 2009 to 11.3% in 2015). International students enrolled in university bachelor’s degree programs accounted for about half of this increase. Although a smaller proportion of international students enrolled in college diploma programs, this was the fastest-growing group—accounting for 19.8% of international students in 2015, compared with 12.0% in 2009. In general, international students were more likely to be enrolled in university graduate programs and in higher-paying fields than Canadian students.

The research concludes, that large numbers of people on student visas are not actually enrolled in a Canadian school. While it is true that some people could have stayed home or gone elsewhere, student visas are cancelled if the person changes their mind. So the obvious question: where are these people, and what are they doing?

One of the reasons why international students were less likely to be employed than Canadian students might be because of the rules governing international students’ right to work. Prior to June 1, 2014, international students had to obtain a permit to work off campus and had to study for a period of at least six months before doing so. As of June 1, 2014, these rules are no longer in place, which may result in higher international student employment rates in the future.

Yes, the rules have been relaxed, and that means more and more students are “students” will be working while in school. Sort of a no brainer.

In the future, linking the Longitudinal Immigration Database (IMDB) data with postsecondary and taxation data could open new opportunities for research on international students. First, the IMDB could be used to disaggregate the results of this study by country of citizenship. Second, the relationship between educational experience and the transition to permanent residency could be explored. Third, international students may transition to a post-graduation work permit after completing their studies—future research could examine whether this type of work permit is associated with superior labour market outcomes and an increased propensity to transition to permanent residency.

These last remarks are from the conclusion. It seems to around the obvious, that student visas are a pathway to permanent residence. There is the Provincial Nominee Program, Atlantic Pilot Project, and other such options Even if not right away, the Post Graduate Work Program is one possibility to get PR at a later date.

9. Scale Of Students/Temp Workers

Year Stu TFWP IMP Total
2003 61,293 82,151 – 143,444

2004 56,536 90,668 – 147,204

2005 57,476 99,146 – 156,622

2006 61,703 112,658 – 174,361

2007 64,636 165,198 – 229,834

2008 79,509 192,519 – 272,028

2009 85,140 178,478 – 263,618

2010 96,157 182,276 – 278,433

2011 98,383 190,842 – 289,225

2012 104,810 213,573 – 318,383

2013 111,865 221,310 – 333,175

2014 127,698 95,086 197,924 420,078

2015 219,143 73,016 175,967 468,126

2016 265,111 78,402 207,829 551,342

2017 317,328 78,788 224,033 620,149

2018 356,876 84,229 255,034 696,139

Data compiled from the Annual Immigration Reports to Parliament. True, not everyone will stay illegally, or even stay at all. Still, with these numbers of people entering Canada, wouldn’t it be helpful to have some sort of exit tracking system to see who actually leaves?

Note: there is a small discrepancy between the 2018 and 2019 reports, as the temporary categories are adjusted slightly downwards. Now sure why, but could be a counting error.

10. Visa Overstayers In Canada

It’s a commonly repeated talking point that the overwhelming majority of people in Western nations (particularly Canada and the U.S.) are people who have entered on some sort of visa and overstayed. This means they come legally, and didn’t honour their promise to leave afterwards.

While this claim may be true, it points to an even stronger argument in favour of having a full entry/exit tracking system. Citizens need to know that people who enter (under whatever program) are in fact leaving afterwards.

11. Work Permits For Illegals

Yes, that has seriously discussed in the Federal Parliament: giving people entering the country illegally temporary work permits. The stated rational is that it would help cover the costs. Sure, not letting them into the country in the first place would lower costs, but that’s racist to point out.

(Sept 28, 2017 “Evidence”)

Here are some quotes from the meeting. The topic of open work permits will be mentioned many times in these 5 meetings.

[Translation]
.
Through these measures, we are working to reduce the wait times for eligibility interviews from a few months to a few weeks, after which eligible claims are referred to the IRB.
[English]
This timely scheduling of eligibility interviews is crucial because in order to apply for an open work permit, an asylum seeker must first have their initial eligibility interview, have their claim referred to the IRB, and undergo an immigration medical examination.
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To also help ease pressures, IRCC has begun to fast-track all work permit applications across Canada from asylum claimants with a commitment to process these within 30 days. In most cases, asylum claimants become eligible for interim federal health program, IFHP, coverage only after an officer has determined that their claim is eligible to be heard before the IRB. IFHP coverage is now available to asylum seekers who enter Canada between ports of entry in Lacolle, and are being processed on or after June 1, for those who have not yet had an eligibility interview.
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To date, more than 5,600 persons have been issued this interim federal health program coverage under this special provision.
In closing, Chairs, IRCC, with the CBSA and all other partners in the federal family, continue to address irregular migration in accordance with Canadian and international law and in keeping with our values of an open and welcoming country.

A/Commr Joanne Crampton:
In terms of someone crossing the border between the ports of entry, the RCMP would intercept the person or persons. We then advise them that they are breaking the law under the Customs Act by crossing the border between ports of entry. The persons are then detained. Their possessions are searched to ensure there is no contraband or other illegal items. Their person is searched, because they are under arrest under the Customs Act. We then verify their identification. We do background checks and local indices checks, as well as international indices checks. If there is no noted criminality or concerns for national security and, once we have interviewed them and had a lengthy discussion as to where they came from and what their intentions are, if nothing negative comes as a result of that, we pass the individual over to Canada Border Services for further processing.

Mr. Jacques Cloutier:
At this point, for the CBSA, we receive the individual from the RCMP, as well as the information collected by the RCMP. We proceed with fingerprinting, taking of biometric information, and a cursory interview to elicit additional information. We verify identity. In those cases where we are satisfied that there are no immigration-related issues from an admissibility perspective, these individuals would be released on the terms and conditions and given an appointment to complete their eligibility interview. In cases where issues are discovered, several actions are taken immediately, including completing the interview for eligibility in its entirety, or proceeding with detention if the person is deemed to pose a risk to the public.

To be clear, the police are not detaining people illegally crossing the border for any length of time. Once identity (or who they allege to be) is determined, then they are released into Canada on a promise to appear.

Ms. Jenny Kwan:
If I may interrupt, I’ll ask if you can share this information with the committee then. Has the federal government provided any additional resources to provinces with these asylum seekers, not just for the housing component but also to support the asylum seekers as they wait for their claims to be processed?
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Mr. Michael MacDonald:
The federal government does not provide direct support to provinces for asylum seekers awaiting their claims. The support comes at the permanent resident granting determination process, afterwards. That being said, we have taken various measures to help the provinces and to help asylum seekers by expediting across Canada all work permit applications and trying to—
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Ms. Jenny Kwan:
If I may interrupt then, how many work permit applications have been processed and approved?
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Mr. Michael MacDonald:
About six or seven weeks ago, we had over 6,000 work permit applications for all asylum seekers across Canada in our inventory. That is now almost eliminated, and we are processing in under 30 days any new asylum seeker’s work permit that is coming in from across Canada. We are doing those in well under 30 days. The idea is to help people get into the work force quicker.

Exactly, Very few if them will ever be forced to leave Canada. This is about putting them to work as cheap labour. Funny how the “conservatives” seem less apprehensive about illegals in this context.

Mr. Michael MacDonald:
The key to this from our perspective is allowing all asylum claimants to get their work permit faster and be able to enter the workforce if they have to.
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At the same time, we work with community organizations as part of our regular outreach, and we do that across Canada so partnerships and getting that work permit is the key.

The abovhttps://www.ourcommons.ca/DocumentViewer/en/42-1/CIMM/meeting-71/evidencee is quotes from just one meeting held by the committee. Below are links for the others. Also, read the previous article done on the topic.

(1) https://www.ourcommons.ca/Committees/en/CIMM/StudyActivity?studyActivityId=9661587
(2) http://archive.is/elDlW
(3) https://www.ourcommons.ca/DocumentViewer/en/42-1/CIMM/meeting-71/evidence
(4) http://archive.is/uxtIR
(5) https://www.ourcommons.ca/DocumentViewer/en/42-1/CIMM/meeting-72/evidence
(6) http://archive.is/cAsj9
(7) https://www.ourcommons.ca/DocumentViewer/en/42-1/CIMM/meeting-73/evidence
(8) http://archive.is/H7uM7
(9) https://www.ourcommons.ca/DocumentViewer/en/42-1/CIMM/meeting-108/evidence
(10) http://archive.is/GBRrl
(11) https://www.ourcommons.ca/DocumentViewer/en/42-1/CIMM/meeting-112/evidence
(12) http://archive.is/zIFLn
(13) https://www150.statcan.gc.ca/n1/pub/89-611-x/89-611-x2003001-eng.pdf

12. Amnesty For Illegals Started Up

(Program launched in July:, 2019 PR-Path for illegals)

(Canadian Labour Congress)

See this previous piece, for more context on the situation. This is a start up amnesty program for illegals in Canada. It could lead to them (and family members) becoming permanent residents.

Ottawa, July 5, 2019 – Canada has launched a new temporary initiative to create a pathway to permanent residency for up to 500 out-of-status workers in the construction industry in the Greater Toronto Area (GTA). These construction workers have come to Canada and made contributions to its economy and currently have limited means to regularize their status.

And if this “temporary” initiative is deemed to be successful, then how much will it be extended by? Guaranteed it is not 500 people.

Over many years, even decades, some workers who have come to Canada with valid temporary resident status, and who have filled labour shortages in the construction industry, have fallen out of status. Previous changes, such as “four in, four out”, have resulted in some workers losing their status. These workers have continued to address significant labour shortages in the construction industry, while also contributing to the economy and their communities. Without valid immigration status, these workers and their families have lived in fear and been left feeling very vulnerable. The presence of out-of-status workers in a significant industry leads to depressed wages for Canadians and makes workers vulnerable to employer exploitation and abuse.

Over many years and decades? So the government admits that people have been overstaying visas or work permits for decades. Why hasn’t this been addressed long ago.

Illegals living in Canada leads to depressed wages? I would actually agree, but up to a point. Yes, the extra labour available does drive down wages. However, that would still be the case even if they were “legalized”. It would still be an abundance of cheap labour.

So how many illegals are there, particularly in major cities? Who knows, it’s not like we actually track who is leaving Canada.

13. Sanctuary Cities/Provinces

(Andrea Horwath ran to be Ontario Premier in June 2018. She offered the entire Province of Ontario to become a “sanctuary” Province)

NDP Leader Andrea Horwath dodged questions Tuesday about how much her campaign promise to declare Ontario a “sanctuary province” for illegal migrants and refugee claimants will cost taxpayers.

Instead, she said providing public services without asking questions about anyone’s legal status in Ontario, or co-operating with federal authorities to determine it, is the humane thing to do.

During the 2018 Provincial election campaign in Ontario, NDP Leader Andrea Horwath campaigned on (among other things), turning Ontario into a sanctuary province. She claimed providing social services to people with no legal right to be in the country was “humane”. Unsurprisingly, she refused to tell the public how much it would cost, fearing a backlash.

To be fair however, Conservative leader Doug Ford supported Toronto becoming a sanctuary city. So did his brother, Rob Ford. Both men claimed to be “populists” yet supported giving illegal aliens (with no right to be in the country), the right to remain in Toronto and receive taxpayer funded services. It also needs to be said that John Tory, the current mayor of Toronto, supports sanctuary cities as well. He used to be the leader of the Conservative Party of Ontario.

Not tracking the names and numbers of people leaving the country is bad enough. When corrupt politicians enact policies such as sanctuary cities/provinces it makes it a whole lot worse, as government officials are aiding and abetting in circumventing good policies.

While “Sanctuary Ontario” is not yet a reality, several sanctuary cities are, such as Toronto, Montreal, Hamilton and Edmonton. Also noteworthy is that “conservative” Ontario Premier Doug Ford supported Sanctuary Toronto when he was on the city council. Current Toronto Mayor John Tory (formerly the Ontario Conservative Leader) also supports sanctuary status for his city.

14. Impact Of Not Tracking Exits

These are some of the things that Canadians need to think about with regards to their borders. This list is not exhaustive.

  • Temporary resident visas
  • Electronic travel authorizations
  • Inadmissibles let in under 24(1) of IRPA
  • Inadmissibles let in under 25.2(1) of IRPA
  • Hordes of student and temporary work visas
  • Visa overstayers
  • Work permits for illegals
  • Amnesty for illegals
  • Sanctuary cities/provinces

With all of these issues to consider, why would any sane government not want to have a strong and accurate entry/exit system at the borders? The only reason I can think of is that it is intentionally designed to fail.

Any serious leader would have crafted new rules right away, and used their executive power immediately to at least stop the bleeding. But much like Donald Trump and his “wall” Canadian Federal politicians are not serious about border security.

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Getting Started With Your Own Research, Investigative Journalism

Ever wonder how it is certain exposes come to creation? Are you longing to create something that dives beyond the surface? Well, for Canadians, this list is a place to start. These are some of the main places that this website uses to generate its articles.

For an interesting guide from a decade ago, check this out:
https://bookleteer.com/book.html?id=930&#page/2/mode/1up

1. Previous Solutions Offered

A response that frequently comes up is for people to ask what to do about it. Instead of just constantly pointing out what is wrong, some constructive suggestions should be offered. This section contains a list of proposals that, if implemented, would benefit society. While the details may be difficult to implement, at least they are a starting point.

2. Media Bias, Lies, Omissions And Corruption

Truth is essential in society, but the situation in Canada is worse than people imagine. In Canada (and elsewhere), the mainstream media, periodicals, and fact-checkers are subsidized, though they deny it. Post Media controls most outlets in Canada, and many “independents” have ties to Koch/Atlas. Real investigative journalism is needed, and some pointers are provided.

3. Why People Should Care About This

To anyone looking to get into citizen journalism, or otherwise expose the truth about our world, here are some basic tips on how to do so. This is a how-to article on those potential online sleuths.

Topics such as: the true scale of immigration into Canada; demographic replacement; loss of Christian roots; the loss of culture and heritage in favour of “multiculturalism”; the costs of globalized trade; globohomo; Islam; the people spreading Islam; the international banking cartel (BIS); the scale of debts; pension ponzi schemes; border security; forced multiculturalism; corruption in politics; internationalism; widespread human right abuses; trafficking; and a host of other issues are swept away. They are given little to no attention.

The goals of MSM, generally are:

  • (a) To only tell part of the story
  • (b) To divert your attention from another story
  • (c) Both (a) and (b)

Unfortunately, our media is full of grifters and shills with an agenda. Almost the entire mainstream media is controlled by one outlet: Post Media. Even the so-called “alternative media” can’t be relied on to be truthful. The Post Millennial, True North Canada, Spencer Fernando, and Rebel Media are among the “independents” with an agenda. What Canada needs, (and the world at large) needs, is people willing to take the plunge and research for themselves.

While commentators — online pundits — are a dime a dozen, true researchers are rare. Any Tom, Dick or Harry can give their opinion on someone else’s work. The real challenge is creating the original work. Right, no bias here.

Yes, some of the techniques will seem painfully obvious, but are worth going through. Note: there are no shortcuts in this line of work. It’s just patience, perseverance, and luck. Red pill yourself, and share your findings with the world.

If even one reader of the article decides to pursue this path, then it is all worthwhile.

4. Tip: Save & Archive Evidence

Taking screenshots of the proof you have is always a great idea. As a picture, it speaks for itself, and demonstrates what you want to show. Also, it doubles as a powerful form of evidence, should you ever get challenged on your work.

A secondary option is to archive the entire webpage you are quoting from. One such option is http://archive.is, which is shown above. There are a few reasons. First, you may get questioned about the authenticity of your work, even the screenshots. But as a practical matter, a few years later, the website may not exist, or the URL may have changed. Best to keep a backup handy. Admittedly this can be tedious, but beats having your sources disappear.

Another common archiving site is the Waybackmachine, which can be found at http://web.archive.org/. Either will do the job.

Now, let’s get into some actual techniques.

5. Look Using Simple Search Engines

This is a no-brainer to many. See what others have published on the subject. It may save you from having to reinvent a thousand wheels if you come across an article. Google, Bing, Yahoo, DuckDuckGo, etc… will all suffice. If nothing else, it will be a good place to start, and you may hit gold. Make sure to check the links and references put in whatever you find. (Please give the original author credit for their work).

The other techniques are not universally applicable, but use them according to the particular circumstances of your research. Here they are, in no particular order.

6. Look Up Directors, Executives

Yes, you can look up information on a particular company. There are various ways to do that. A simpler approach may be just to see who RUNS the company, and if they have any interesting connections. In this case, we see that Pierre Beaudoin, the Chairman of Bombardier is also a Director at Power Corporation, owned by the Desmarais Family. One might wonder if this is the reason (or a reason), that we keep using taxpayer money to bail out Bombardier.

7. Look Up Data From Website

Items such as annual financial statements, people joining the company, or major announcements may be posted on the organization website. And this does not only apply to corporations.

For example, McGill University announced a $200M gift from John McCall MacBain. He is a Trudeau Lobbyist, a member of the Trudeau Foundation, and head of the McCall MacBain Foundation.

The McGill website also shows that the Attorney General of Canada, David Lametti, is a member of the Faculty of Law, currently on leave. All of this information was provided by McGill.

One would have to wonder if that $200M donation is the reason Lametti ensured that SNC Lavalin got its deferred prosecution agreement.

8. Corporations Canada Website

If you want to know more about a business or non-profit, Corporations Canada can help with that. You can obtain information on the Directors, by-laws, registered office, or confirm that returns have been filed. Several years worth of data is available for free. You make the application, and within minutes, are emailed a series of attachments to download.

Some information can be obtained for free. Other data will involve paying fees. The choice is up to you.

Note: Obviously this applies to companies registered in Canada. The United States, and many other nations have similar options.

9. Charities And Other Donees

If you are looking into a charity, or a group that falls into some other categories, the Canada Revenue Agency may be of use. Basic information can be obtained, including the Directors, the use of the charity, the revenue, and recent changes. It was a help finding out where True North Center actually originated from.

10. LinkedIn, Other Social Media

Yes, people put stupid stuff online. It doesn’t have to be smoking pot, or topless photos in order to be helpful. For example, should you want to look into someone such as the CEO for an apparently independent media outlet, you can see what other organizations the person is connected to.

Furthermore, even if such accounts are altered or deleted, there is typically a copy or a partial copy somewhere. So don’t despair.

Now, to get into the more legal and/or political matters, the next few tricks will help immensely. While it is directed at Federal matters, the same principles apply Provincially and Municipally.

11. Check Campaign Contributions

While donating (within the limits) to political parties and politicians is allowed, it does create a nice paper trail. As such, you may be able to see who has donated to whom, how much, and how often. Of course, this doesn’t work when donations are given in cash under the table.

It should be pointed out, that some provinces (like Ontario) allow 3rd party donations. Essentially, that is an almost unlimited amount that is funnelled through an intermediary. Worth looking into. You want to know who the politician really serves.

Spoiler: it’s not you.

12. Check Lobbying Commissioner’s Office

Influence peddling can be a full time business for lobbyists. So, let’s see who they have been meeting with. One such case is SNC Lavalin lobbying pretty much everyone for its DPA over the last few years. It can be truly disgusting to see just how deep some of this goes. Naturally, why would companies spend all this money on lobbyists unless they got results?

Go through the site for a while. The amount of lobbying that goes on in government is absolutely sickening. Keeps lobbyists employed though.

(a) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/advSrch
(b) https://www.lobbyistsregistrar.bc.ca/app/secure/orl/lrs/do/guest
(c) https://www.albertalobbyistregistry.ca/
(d) https://www.sasklobbyistregistry.ca/
(e) http://www.lobbyistregistrar.mb.ca/i
(f) http://lobbyist.oico.on.ca/Pages/Public/PublicSearch/Default.aspx

13. Statistics Canada

They say there are lies, damn lies, and statistics. And that is certainly true, although StatsCan can at least give some official numbers for researchers to work with. It has the added benefit of being relatively free of government/political spin.

14. Open Data

Another government source for hard data focused, but still a good source of information. Keep in mind, it’s only as reliable as the people entering the information in.

(a) https://open.canada.ca/en/maps/open-data-canada
(b) https://search.open.canada.ca/en/gc/
(c) https://www.data.gov.bc.ca/

15. Library & Archives Canada

Although there are fees for many documents, the Library & Archives Canada section can provide things that aren’t available in your typical online search.

16. Check Out Old/New Legislation

Want to know what is actually written in a bill? Original filings, as well as amended bills are available to the public. For bills that are passed or defeated, the voting records of all Members of Parliament is recorded as well. To reiterate, though this piece focuses on Federal issues, the same applies Provincially.

Don’t trust the media’s interpretation of what a particular piece of legislation says. Go check it out for yourself. To quote Reagan: trust, but verify.

17. Other Parliamentary Studies/Reports

CLICK ON PARLIAMENTARY BUSINESS.

It isn’t just the bills themselves that go on. The MPs study the issues when they aren’t busy grandstanding. As such, hearings take place, and witnesses are often called to testify. This concerns issues such as letting fake refugees into Canada, and Conservatives endorsing the UN Parliament. Indeed, a lot more detail can be found here than in the hearings and votes. Entire transcripts of hearings can be downloaded or copied.

Also, please be aware, that http://parl.canadiana.ca/ also has more archived documents can be found. More and more is being scanned electronically and posted for all to see.

18. United Nations Search Engine

Want to know what is going on with UN globalism? Just go on the UN website and search. Although it’s fairly easy to navigate, there is the search function is you can’t find something. For example, typing “Islamophobia” nets about 600 results. Although there is a private access for members, most of what you need is open to the public.

19. CanLII, Court Searches

The good news is that major cases are listed. These include the Supreme Court of Canada, and Provincial Appellate Courts. Trial rulings “may” be listed if there is something particularly interesting or helpful, or if they are high profile. It covers criminal, civil, family, human rights tribunals, Law Society rulings, law review articles, and often motions. If one wants to self-represent in court, information available can be useful.

Bad news, is that the amount of information can be overwhelming. So many cases, and so many similar terms means that imprecise searches flood the user with useless hits. Even with the lower rulings usually not posted, the amount of information is mind boggling.

If you actually are looking for a court case, it’s a good tool. Otherwise, it’s not helpful in background information. An alternative (if you know what case you are looking for) is to contact the court and ask for certain documents. Also, some places, like Ontario, allow for searches of the status of cases in progress. You can tell if documents (like a defense) were ever filed.

20. Libraries Or Other Archives

Don’t knock it. If you have a large or older library in your town, or can get to one, you might be surprised what you can dig up. Often, older information is available in printed form that has not yet been digitized. For example, a library in my hometown still has microfilm on census data going back to the 1800s. If only it was readable.

21. Access To Information Requests

In most areas of government bureaucracy, there exists the option to file a formal request for information on certain topics. And it can be done across many departments. What sorts of things can you request?

  • Documents posted, but not obviously found
  • Records in possession, or an admission none exist
  • Meetings, minutes
  • Reports issued
  • Amounts of money spent
  • Other parties consulted

While seemingly a quick and easy way to get answers, let’s mention a few disclaimers. First, the requests often take a long time, sometimes months to get back. Second, the government may withhold all or part claiming “public interest” or “confidentiality”. Third, there are often fees involved. Still, it can be an option to consider.

22. Interview The Subject

This is also known as “being a journalist”. You ask a person questions in the hopes of getting information. Not everyone will say yes, but if you never ask the answer will always be no.

Question: do you let the person know who you really are, and if you are recording? Ideally, you should, but it depends on the circumstances. Having done a few sneaky ones myself, it would be hypocritical to pass judgement.

One piece of advice: it may be better to talk to the person AFTER you have done other forms of searching. This is so that you are more fully aware of your facts prior to meeting.

23. Ancestry Sites

Want to find out who is related to who? Although these databases are far from complete, they can give a good idea about extended familial relations you may not otherwise have known about.

24. What Have I done?

The items listed above have been used as source material for Canuck Law articles. Which specific ones depend on the circumstances. All of these techniques are useful in conducting research for the writing. However, there is no one answer for everything.

25. What May Not Be Needed

Of course, this will depend on the people involved, and what information is being sought. Here are a few techniques I don’t engage in, but that others have.

  • Ambush journalism
  • Stalking, following subjects
  • Trying to get to family members
  • Dumpster diving
  • Trespassing, B&E

It is possible to get real results and real information without crossing ethical and legal lines. Suggestion: try not to cross lines where possible.

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The Case For A Moratorium On Immigration

1. Previous Solutions Offered

A response that frequently comes up is for people to ask what to do about it. Instead of just constantly pointing out what is wrong, some constructive suggestions should be offered. This section contains a list of proposals that, if implemented, would benefit society. While the details may be difficult to implement, at least they are a starting point.

2. 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.

3. Some Context Here

It is easy to target illegal entries into the country. Without borders, and enforcement of those borders, the nation ceases to exist. Everyone should be against illegal entries, sanctuary cities, voting rights and access to social services for those in the country illegally.

That being said, the mass LEGAL immigration is actually a much larger problem.

People excluded from Canada for various reasons (such as criminality, serious criminality, organized criminality, non-compliance, terrorism or human rights violations) should stay excluded. Global News reported on a program which brought in 3,000 people since 2010 under Rule 25.1 of IRPA, but omitted another 186,000 “inadmissibles” allowed in under Rule 24(1) of IRPA from 2002 to 2017. Considering we don’t even track people leaving the country, it’s hard to say where they are.

In recent years, we have been taking in a million people LEGALLY into Canada. In 2017, for instance, we had 950,000 people enter through regular immigration channels, refugee claims, and various temporary programs. This does not include visitors or illegals.

To start off with: our governments lie about the total number of people entering annually. Categories such as student visas (students and their families), temporary foreign workers, & International Mobility Program bring in hordes of people — are not temporary. These groups generally have access to a permanent residency pathway, and other ways to stay longer. There are several pilot programs underway on top of these, including a small amnesty-for-illegals program in Toronto. Heck, we even expedite work permits for fake refugees sneaking in from the U.S.

Even if these temporary workers were to go home (and many don’t), there is the topic of remittances. According to the World Bank, hundreds of billions of dollars are sent from the West annually. How does it help our economy when money is pulled from it?

Perhaps we can replace the money lost via remittances with money from selling investor visas, regardless of how well the business does.

Bringing in large numbers of people as cheap labour results in our own citizens having to compete against foreign, often subsidized labour. It does a huge disservice to those who really need the help.

Importing students at this scale means that Canadian graduates are forced to compete against others for a limited number of jobs. This is includes professional and skilled programs. How does it benefit Canadian graduates to have their prospects cut out like that? Does the downward pressure on wages help? How does it benefit other nations when their talent leaves is a sort of brain-drain?

It doesn’t seem to matter if the “students” are really students.

Considering all the fuss about environmentalism and climate change, answer one question. How does mass immigration remove or minimize stresses to the eco-system? How does clearing new areas for farming and housing avert this climate emergency that we are supposedly in?

The overwhelming majority of immigration coming into Canada over the last several decades is of 3rd World, non-European migrants (80 to 90%). A quick glance at the top 10 “source” countries tells the same story year after year: (a) China; (b) India; (c) the Philippines; and (d) an awful lot of Muslims. Multicultis and Civic Nationalists — which are the same thing — tell us that people who have nothing in common with each other can form a cohesive society based on abstract “values”. It’s nonsense. While other groups want to retain their identity, why are Europeans considered bigots for attempting the same?

The result is predictable: enclaves forming in the major cities, such as Toronto, Montreal, Calgary, Edmonton and Vancouver. In reality, multiculturalism is a lie that never works out as planned. Balkanization is not diversity. Furthermore, it is not a lack of screening, but the deliberate efforts to forcibly remake Canada.

The breakdown of social cohesion is obvious. And anyone who has read Robert Putnam’s study will see why.

At the heart of this is the replacement agenda going on in Western nations. Canada, for example, was 96% European, according to the 1971 census. It was 72% based on the 2016 census, and still falling. Europeans will be a minority in the next decade unless something drastic happens.

This is about preserving the foundation of European nations and ones formed in that image. Replacing the population replaces the culture and the history. It doesn’t matter to me whether it is replacement by Muslims, or by high IQ, high skill Asians. I still don’t want it, and nor should others. Call it tribalism, but Westerners should be allowed to protect their identities too.

We also now have a program for survivors of domestic abuse to apply for temporary, or even permanent residence. Guess that’s what happens with importing violent cultures.

It never seems to dawn on “conservatives” that bringing in large numbers of people from left-leaning nations means political suicide. Demographic shifts will make their ideology completely unelectable. Their only concerns seem to be: (a) come legally; (b) be economically productive; and (c) don’t be a terrorist. But beyond that, conservatives have no will to preserve their people, culture, heritage, and traditions.

While the solution may seem to be to import more Europeans, they cannot be spared as THEY are being replaced in their homelands as well. Europe is being flooded with Middle Eastern and African “refugees” and migrants. We cannot help ourselves at the Europeans’ expense. Still, we must resist the replacement here.

For these reasons, and other facts and figures, I support a moratorium on immigration into Canada. With a more complete picture of the actual situation in Canada, many more people should agree.

Posted on

Ending (Political) Corporate Welfare

1. Previous Solutions Offered

A response that frequently comes up is for people to ask what to do about it. Instead of just constantly pointing out what is wrong, some constructive suggestions should be offered. This section contains a list of proposals that, if implemented, would benefit society. While the details may be difficult to implement, at least they are a starting point.

2. Important Links

(1) https://www2.gov.bc.ca/gov/content/taxes/income-taxes/corporate/credits/political-contribution
(2) https://www.leg.bc.ca/parliamentary-business/legislation-debates-proceedings/41st-parliament/2nd-session/bills/third-reading/gov03-3
(3) https://www.elections.ab.ca/parties-and-candidates/forms-and-guides/tax-credits/
(4) https://www.elections.sk.ca/candidates-political-parties/electoral-finance/contributions/
(5) https://www.cbc.ca/news/canada/manitoba/winnipeg-election-donation-rebate-1.4587966
(6) https://ipolitics.ca/2018/02/16/loss-per-vote-subsidy-still-hurting-ndps-pockets/

3. Context For The Article

It has been in the news a lot lately: the idea of scrapping corporate welfare. This notion is based on the simple concept that taxpayers shouldn’t have to subsidize businesses which privatize the profits.

While this is certainly valid, let’s expand that idea. Why are taxpayers forced to subsidize the voting preferences of people who donate to political candidates or parties? If a person wishes to support their local candidates, that is their choice. But how come the public has to provide tax breaks?

Whatever happened to personal responsibility?
Your donation should come from your wallet.
Practice what you preach.

And no, this article is not directed at any one party or politician. “ALL” parties and candidates should be forced to be self-sufficient. Stop reaching into the public purse to finance your campaigns.

4. Proposal In Winnipeg

Mayor Brian Bowman wants to end the practice of rebating Winnipeg election-campaign donations in a move one critic describes as a means of providing another advantage to incumbent candidates.

Bowman said in a notice of motion the city could save $700,000 by eliminating the rebates, stating “it is undesirable to fund election campaign expenses” and candidates should “solicit financial support from donors based on the strength of their platform rather than relying on taxpayer funds.“

To be fair, there is some valid criticism that this will favour incumbents who are effectively able to campaign while under the pretext of doing their jobs.

However, taxpayers shouldn’t be forced help finance voting preferences. People who wish to make donations are free to do, but should use their own money. If a party platform is so unappealing that it needs taxpayer money to encourage donations, then it probably isn’t a very good one.

5. Ending The Per-Vote Subsidy

The NDP still hasn’t adapted to losing access to the per-vote party subsidy cancelled by the Harper government, the party’s treasurer said at the NDP convention in Ottawa Friday.

The federal Conservatives had phased out the per-vote subsidy by 2015, which was a party financing policy brought about in the Chretien-era that paid out public funds to parties based on their share of the popular vote.

Party Treasurer Tania Jarzebiak said the party plans to step up its fundraising with a “big push” on monthly giving and will invest more into its fundraising capacity, and has “ambitious plans” to reach an annual revenue target of $10.5 million.

Stephen Harper was criticized for this move, claiming it was designed to bankrupt smaller parties. It’s probably true, that the move ultimately benefitted the Conservative Party.

However, he should have ended all subsidies and tax breaks, not just pick and choose. If he truly cared about public money then those tax rebates would have been scrapped as well.

6. British Columbia

The credit is calculated as the lesser of:
1) The total of:
-75% of contributions up to $100
-50% of contributions between $100 and $550
-33 1/3% of contributions in excess of $550
2) $500

In B.C. taxpayers are on the hook for up to $500 for each person who contributes to B.C. political parties in a given year.

7. Alberta

According to Elections Alberta, the public has to pay up to $1000 in tax refunds to subsidize the voting preferences of people contributing to Provincial Candidates.

8. Saskatchewan

Taxpayers in Saskatchewan may be stuck with having to subsidize up to $650 for a resident’s political preferences. Seems that money could be better spent elsewhere.

9. Some Conclusions

The above listings are just a few examples of laws which force the public to help fund the donation choices of politically active people.

To be clear, I do not care whom you support, or what ideology the party or candidate is running on. The concern is that this subsidy amounts to corporate welfare, which we should not be paying. If the only way a person or party is able to finance a campaign is by bailouts with public money, then it probably isn’t very strong to begin with.

One final note: the common practice of “advertising” using taxpayer money is also abhorrent. True, incumbents do have an advantage in their ability to make announcements and fund plans to boost their image. That is not to be condoned either.

Posted on

Abolish Gladue, Fix Underlying Problems

1. Previous Solutions Offered

A response that frequently comes up is for people to ask what to do about it. Instead of just constantly pointing out what is wrong, some constructive suggestions should be offered. This section contains a list of proposals that, if implemented, would benefit society. While the details may be difficult to implement, at least they are a starting point.

2. Important Links

CLICK HERE, for race- based discounts in sentencing.
CLICK HERE, for Terri McClintic, child killer, in a healing lodge.
CLICK HERE, for 2016/2017 StatsCan data on incarceration rates.
CLICK HERE, for Table 5, incarceration by race and gender.
CLICK HERE, for Table 6.
CLICK HERE, for archived findings form Correctional Service of Canada form 1999.
CLICK HERE, for a Larry Elder video on single parent households.
CLICK HERE, for a documentary on drug use on reserves.
CLICK HERE, for a video on lack of drinking water on reserves.

CLICK HERE, for Gladue, 1997.
CLICK HERE, for Gladue, 1999.
CLICK HERE, for Ipeelee, 2012.
CLICK HERE, for R.v. Proulx (conditional sentencing guidelines).

3. Disproportionate Incarceration Rates

This is a proposal to scrap so-called “Gladue Rights” which specifically are designed to give Aboriginal offenders special consideration when it comes to sentencing in the criminal justice system.

Please don’t interpret this as an indication not to give anyone a break if the circumstances permit. Rather, rights and options should be available to everyone. They should not be given to one specific group, or denied to one specific group.

Disclaimer: I am not a criminologist, or a sociologist. Just a researcher.

Now, how great are the discrepancies?

From the StatsCan 2016/2017 findings:

The Criminal Code mandates that all sanctions other than imprisonment are to be considered with particular attention to the circumstances of Aboriginal offenders. In 2016/2017, Aboriginal adults accounted for 28% of admissions to provincial/territorial correctional services and 27% for federal correctional services, while representing 4.1% of the Canadian adult population (Table 5). In comparison to 2006/2007, the proportion of admissions of Aboriginal peoples to correctional services was 21% for provincial and territorial correctional services and 19% for federal correctional services.

Aboriginal adults accounted for 30% of admissions to custody and 25% of admissions to community supervision among the provinces and territories in 2016/2017. Aboriginal adults accounted for 27% of admissions to custody and 26% of admissions to community supervision in federal correctional services (Table 5).

The proportion of Aboriginal admissions to adult custody has been trending upwards for over 10 years. It has increased steadily from 2006/2007 when it was 21% for provincial and territorial correctional services and 20% for federal correctional services.

Among the provinces, Aboriginal adults made up the greatest proportion of admissions to custody in Manitoba (74%) and Saskatchewan (76%). These two provinces also have the highest proportion of Aboriginal adults among their provincial populations at 15% for Manitoba, and 14% for Saskatchewan.

Aboriginal males accounted for 28% of admissions to custody in the province and territories, whereas non-Aboriginal males accounted for 72%, in 2016/2017. Aboriginal females made up a greater proportion of custody admissions than their male counterparts, accounting for 43% of admissions, while non-Aboriginal females accounted for 57% (Table 6).

Here is the data in a more visual form.

Category Abor. Total Pop’n Abor. Group Pop’n Non-Abor. Total Pop’n Non-Abor. Group Pop’n Ratio
Incar 4.1% 28% 95.9% 72% 9.1:1

Note: Here is how to calculate the rates. Assume there is a population of 100,000 people, and 1,000 of them are locked up and then break in down as percentages of the population.

category totals Non-Abor Abor
People 100,000 95,900 4,100
Locked Up 1,000 720 280
Rates Percentage 0.0075 0.068

Now that we can make an apples-to-apples comparison, 0.068/0.0075 =~9.1
So on a per-capita basis, Aboriginals are about 9 times as likely as non-Aboriginals to be locked up

Next, covering Aboriginal women and incarceration rate. For this. Assume that the overall percentages are about same: 95.9% non-Aboriginal, and 4.1% Aboriginal. Here instead of making up 28% overall in Provincial jails, it is 57%, approximately double.

Category Abor. Total Pop’n Abor. Group Pop’n Non-Abor. Total Pop’n Non-Abor. Group Pop’n Ratio
Incar 4.1% 57% 95.9% 43% 30.88:1

And once more we need to convert to rates of respective populations.

category totals Non-Abor Abor
People 100,000 95,900 4,100
Locked Up 1,000 430 570
Rates Percentage 0.0045 0.1390

When women inmates are looked at specifically, the ratio goes to 0.1390/0.0045 ~= 30.88

That’s right, looking at women, there are (per capita) 30 times as many Aboriginal women locked up as non-Aboriginal women.

4. Evidence Of Discrimination Or Bias?

By itself, no. Having groups with different rates of something is not evidence that there has been discrimination. Either these differences are caused by something that justifies it (such as higher crime rate), or there may be some external factor. Let’s start with the Criminal Code.

718.2(e) all available sanctions other than imprisonment that are reasonable in the circumstances should be considered for all offenders, with particular attention to the circumstances of aboriginal offenders.

It is written right into the Canadian Criminal Code, to give offenders (where reasonable), an alternative to custody, with special consideration to Aboriginals. And this is codified in 3 cases.
R. v. Gladue, 1997 CanLII 3015 (BC CA)
R. v. Gladue, [1999] 1 SCR 688, 1999 CanLII 679 (SCC)
R. v. Ipeelee, [2012] 1 SCR 433, 2012 SCC 13 (CanLII)

Looking at the Criminal Code, and recent decisions, there doesn’t seem to be any legalized discrimination. So let’s look elsewhere.

5. R. v. Proulx (Conditional Sentencing Guidelines)

12 Since it came into force on September 3, 1996, the conditional sentence has generated considerable debate. With the advent of s. 742.1, Parliament has clearly mandated that certain offenders who used to go to prison should now serve their sentences in the community. Section 742.1 makes a conditional sentence available to a subclass of non-dangerous offenders who, prior to the introduction of this new regime, would have been sentenced to a term of incarceration of less than two years for offences with no minimum term of imprisonment.

13 In my view, to address meaningfully the complex interpretive issues raised by this appeal, it is important to situate this new sentencing tool in the broader context of the comprehensive sentencing reforms enacted by Parliament in Bill C-41. I will also consider the nature of the conditional sentence, contrasting it with probationary measures and incarceration. Next, I will address particular interpretive issues posed by s. 742.1. I will first discuss the statutory prerequisites to the imposition of a conditional sentence. Thereafter, I will consider how courts should determine whether a conditional sentence is appropriate, assuming the prerequisites are satisfied. I conclude with some general comments on the deference to which trial judges are entitled in matters of sentencing and dispose of the case at hand in conformity with the principles outlined in these reasons.

16 Bill C-41 is in large part a response to the problem of overincarceration in Canada. It was noted in Gladue, at para. 52, that Canada’s incarceration rate of approximately 130 inmates per 100,000 population places it second or third highest among industrialized democracies. In their reasons, Cory and Iacobucci JJ. reviewed numerous studies that uniformly concluded that incarceration is costly, frequently unduly harsh and “ineffective, not only in relation to its purported rehabilitative goals, but also in relation to its broader public goals” (para. 54). See also Report of the Canadian Committee on Corrections, Toward Unity: Criminal Justice and Corrections (1969); Canadian Sentencing Commission, Sentencing Reform: A Canadian Approach (1987), at pp. xxiii‑xxiv; Standing Committee on Justice and Solicitor General, Taking Responsibility (1988), at p. 75. Prison has been characterized by some as a finishing school for criminals and as ill-preparing them for reintegration into society: see generally Canadian Committee on Corrections, supra, at p. 314; Correctional Service of Canada, A Summary of Analysis of Some Major Inquiries on Corrections – 1938 to 1977 (1982), at p. iv. In Gladue, at para. 57, Cory and Iacobucci JJ. held:

Without rehashing the entire ruling, Proulx, which was based on Bill C-41, set the benchmark for giving out “conditional sentences”, aka “house arrest”. The ruling noted the destructive long term effect prison can have.

While conditional sentencing is completely inappropriate for certain offences, it can have its benefits.

In areas with high crime rates, poverty, or high drug use, a person has to reasonably ask what will be the best solution overall. Does the community benefit from locking up large amounts of its people?

One caveat, breaks in sentencing, and alternatives to prison should be equally available to all Canadians. One group shouldn’t receive a greater aid, or detriment.

See the next section for the CSC report on Aboriginal circumstances.

6. Information Worth Looking At

This comes from the 1998 Corrections Service of Canada Paper (linked above). It also has an impressive bibliography, worth at least a peek.

1.3 Aboriginal Population
Approximately, one-third of all Aboriginal children under the age of 15 in Census families lived in a lone-parent family, twice the rate within the general population. The rate was even higher in urban areas. About 46% of Aboriginal children under 15 in Census families who lived in a census metropolitan area were in a lone-parent family. One-quarter of the Aboriginal population reported that they had an Aboriginal language as mother tongue. Cree was the largest Aboriginal mother tongue. The number of people who could speak an Aboriginal language was about 10% higher than the number who reported an Aboriginal mother tongue, indicating that a significant number of persons learned such a language later in life. (Department of Indian and Northern Affairs Canada, 1998).

This mentions a very interesting issue. Conservative commentator Larry Elder frequently talks about this. Single parent households (mostly missing fathers), is a very good indicator of crime and education. And it cuts across race.

1.4 Demographic and Socio-Economic Data
Increasing evidence points to a strong correlation between socio-economic disadvantage and involvement with the criminal justice system. A large proportion of the Aboriginal population in Canada suffers socio-economic disadvantage in comparison to non-Aboriginal Canadians. The social and economic conditions outlined in the section below illustrates a correlation between these factors and Aboriginal involvement with the criminal justice system. Poverty, inadequate educational opportunities, unemployment, poor living conditions, alcohol abuse and domestic violence all contribute to Aboriginal people coming into conflict with the law. The challenges to which the criminal justice system must respond are rooted in addressing these disadvantaged conditions.

These problems are prevalent, in particularly on remote reserves. To be fair, it isn’t restricted to reserves. It is heartbreaking to hear the problems and 3rd world conditions.

1.8 Suicide
Suicide is approximately three times more common among Aboriginal people than non-Aboriginal people. It is also five to six times more prevalent among Aboriginal youth than non-Aboriginal youth. In First Nations communities, suicide is more prevalent among the young and usually results from feelings of hopelessness and despair.

Wow. Just wow.

2.4 Urban vs. Rural Aboriginal Offenders
A recent study (Johnston, 1997) of Aboriginal inmates incarcerated in Canadian federal penitentiaries found that one-quarter (24%) of the group had originally came from reserve or remote areas; 44% originally came from rural areas, and 30% from urban areas. The interviewers did not ask about where the offenders had been living at the time of the offence. In addition, the study also found that a majority of the group had left their home community after their youth. Eighteen percent had lived in their home community all their life apart from periods spent incarcerated. Furthermore, the study found that 66% of the Aboriginal inmates incarcerated in federal penitentiaries were considered high-need. Forty-seven per cent were rated as both high-need and high-risk. A majority were rated by case management officers and other penitentiary staff who knew them, as having needs in the following areas:
-substance abuse needs (88%),
-personal/emotional needs (82%),
-employment needs (63%), and
-education needs (54%).

A large proportion were also rated as having needs in relation to:
-pro-criminal attitudes (49%),
-marital and family issues (42%),
-community functioning (36%),
-criminal associates (33%), and
-sexual offending (31%).

This is shocking. Almost 9 in 10 with substance abuse, 4 in 5 with personal needs, 2/3 with employment needs, and half lacking in education.

Canada is supposed to be a 1st world country, but standard of living for those away from any urban area are falling far short of what should be acceptable.

7. So Why Abolish Gladue?

Quite simply, it is a band-aid solution that ignores the real problems. “Rigging” the rules to let Aboriginal offenders off easier (or let them out earlier) turns a blind eye to the problems cited in the previous section. Lack of drinking water being one in the news lately.

Are Aboriginals disproportionately represented in criminal courts and jails? Yes, absolutely. The data and evidence for that is overwhelming.

But it is also plain and obvious that there are many problems with the more remote areas that should not be happening. Setting up different sentencing guidelines does nothing to address any of that.

It could easily be argued that problems with poverty, remote living, drugs, alcohol and domestic violence contribute to crime. These are the causes and crime is the effect. But Gladue gets it entirely backwards. It impacts the EFFECT, hoping to impact the CAUSES.

Hopefully this doesn’t come off as heartless. However, I view the “Gladue Rights” idea as completely missing the point, and ignoring genuine concerns.

8. Actually, There Is Discrimination

Instead of our Prime Minister blowing our money on virtue signalling foreign adventures, perhaps fixing the problems within our borders is a better approach.

  • Safe drinking water
  • Education/Work opportunities
  • Access to social services
  • Seriously evaluate if reserve system is sustainable

We certainly have money to blow on every UN adventure.

While the criminal justice system itself isn’t set up to discriminate, our government does. Entire sections of Canada’s population is left to die while we show the outside world how generous we are.

Gladue is the quick-fix that covers up the real problem.

Posted on

Abolish Human Rights Codes Entirely

1. Previous Solutions Offered

A response that frequently comes up is for people to ask what to do about it. Instead of just constantly pointing out what is wrong, some constructive suggestions should be offered. This section contains a list of proposals that, if implemented, would benefit society. While the details may be difficult to implement, at least they are a starting point.

2. Important Links


CLICK HERE, for the BC Human Rights Code.
CLICK HERE, for Morgane Oger cashing in on victimhood.
CLICK HERE, for instances of abusing human rights tribunals.

3. Quotes From BC HRC

Discrimination and intent
2 Discrimination in contravention of this Code does not require an intention to contravene this Code.

This is common throughout the various Provincial Codes. No intent is needed on the part of anyone. Contrast this with criminal law, where intent is a required element.

Purposes
3 The purposes of this Code are as follows:
(a) to foster a society in British Columbia in which there are no impediments to full and free participation in the economic, social, political and cultural life of British Columbia;
(b) to promote a climate of understanding and mutual respect where all are equal in dignity and rights;
(c) to prevent discrimination prohibited by this Code;
(d) to identify and eliminate persistent patterns of inequality associated with discrimination prohibited by this Code;
(e) to provide a means of redress for those persons who are discriminated against contrary to this Code.

A major goal is to promote a climate of understanding and mutual respect. Makes it more difficult when this “respect and understanding” are imposed by force.

Persistent patterns of inequality? However, except the solution is often to impose quotas or affirmative action programs.

Discriminatory publication
7 (1) A person must not publish, issue or display, or cause to be published, issued or displayed, any statement, publication, notice, sign, symbol, emblem or other representation that
(a) indicates discrimination or an intention to discriminate against a person or a group or class of persons, or
(b) is likely to expose a person or a group or class of persons to hatred or contempt
because of the race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, or age of that person or that group or class of persons.
(2) Subsection (1) does not apply to a private communication, a communication intended to be private or a communication related to an activity otherwise permitted by this Code.

Good to know. However, “private” and “intending to be private” are could be open to interpretation. Also, is this not treading dangerously close to supressing free speech?

Remedies
37 (1) If the member or panel designated to hear a complaint determines that the complaint is not justified, the member or panel must dismiss the complaint.
(2) If the member or panel determines that the complaint is justified, the member or panel
(a) must order the person that contravened this Code to cease the contravention and to refrain from committing the same or a similar contravention,
(b) may make a declaratory order that the conduct complained of, or similar conduct, is discrimination contrary to this Code,
(c) may order the person that contravened this Code to do one or both of the following:
(i) take steps, specified in the order, to ameliorate the effects of the discriminatory practice;
(ii) adopt and implement an employment equity program or other special program to ameliorate the conditions of disadvantaged individuals or groups if the evidence at the hearing indicates the person has engaged in a pattern or practice that contravenes this Code, and
(d) if the person discriminated against is a party to the complaint, or is an identifiable member of a group or class on behalf of which a complaint is filed, may order the person that contravened this Code to do one or more of the following:
(i) make available to the person discriminated against the right, opportunity or privilege that, in the opinion of the member or panel, the person was denied contrary to this Code;
(ii) compensate the person discriminated against for all, or a part the member or panel determines, of any wages or salary lost, or expenses incurred, by the contravention;
(iii) pay to the person discriminated against an amount that the member or panel considers appropriate to compensate that person for injury to dignity, feelings and self respect or to any of them.

Yes, hurt feelings, dignity and self respect are worth money. How would you even disprove that?

Can order someone to stop doing something, because a person said their feelings were hurt.

For what it’s worth, is a complaint is found to be not justified it must be dismissed. That’s something.

Exemptions
41 (1) If a charitable, philanthropic, educational, fraternal, religious or social organization or corporation that is not operated for profit has as a primary purpose the promotion of the interests and welfare of an identifiable group or class of persons characterized by a physical or mental disability or by a common race, religion, age, sex, sexual orientation, gender identity or expression, marital status, political belief, colour, ancestry or place of origin, that organization or corporation must not be considered to be contravening this Code because it is granting a preference to members of the identifiable group or class of persons.
(2) Nothing in this Code prohibits a distinction on the basis of age if that distinction is permitted or required by any Act or regulation.

Interesting. You can’t discriminate against people based on protected grounds, unless the entire group is devoted to promoting based on a protected ground.

Of course, this exemption likely wouldn’t apply to men, whites, or straight people.

Special programs
42 (1) It is not discrimination or a contravention of this Code to plan, advertise, adopt or implement an employment equity program that
(a) has as its objective the amelioration of conditions of disadvantaged individuals or groups who are disadvantaged because of race, colour, ancestry, place of origin, physical or mental disability, sex, sexual orientation, or gender identity or expression, and
(b) achieves or is reasonably likely to achieve that objective.
(2) [Repealed 2002-62-23.]
(3) On application by any person, with or without notice to any other person, the chair, or a member or panel designated by the chair, may approve any program or activity that has as its objective the amelioration of conditions of disadvantaged individuals or groups.
(4) Any program or activity approved under subsection (3) is deemed not to be in contravention of this Code.

So it is wrong to discriminate based on “protected grounds” unless those groups are considered “disadvantaged”. Then go for it.

And from Section 41, it is wrong to discriminate against a group. That is unless you are part of a group whose main purpose is to discriminate on other groups.

Non-compellability of commissioner and staff
47.10 (1) Subject to subsection (2), the commissioner, and anyone acting for or under the direction of the commissioner, must not be compelled to give evidence in court or in any other proceedings respecting any information received in the course of exercising powers or performing duties under this Code.
(2) The commissioner, and anyone acting for or under the direction of the commissioner, may be compelled to give evidence in a prosecution of an offence under this Code.

Interesting. Staff “can” be compelled to appear for an HRT hearing, but not for Court or other matters.

Personal liability protection of commissioner and staff
47.11 (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against the commissioner, or against a person acting for or under the direction of the commissioner, because of anything done or omitted
(a) in the exercise or intended exercise of any power under this Code, or
(b) in the performance or intended performance of any duty under this Code.
(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

As long as the Commissioner and staff “claim” that everything is in good faith, then they can’t be held liable. How exactly do you prove “bad faith”?

4. So Why Abolish Entirely?


To summarize (using BC as a model):

  • Intent not necessary to get a finding against you
  • Discrimination okay, if it is your group identity
  • Discrimination okay, if for affirmative action
  • Encroaches on legitimate free speech territory
  • Hurt feelings are grounds for monetary compensation
  • Commissioner and staff, cannot be compelled to appear in outside hearings, REGARDLESS of the power which they are allowed to wield
  • Cannot take action against staff unless you can prove “bad faith”, an almost impossible standard
  • Terminology is broad and open to overreach

    • These tribunals are allowed to behave as courts do, and implement court-style punishments. However, there are almost no standards when it comes to deciding what is a violation.

    Ancient ideas, past their due date.