IBC #2: Rocco Galati, The COMER Case, Bank Of Canada

(Specific to the litigation in question)

(COMER – Committee On Monetary & Economic Reform)

1. More On The International Banking Cartel

For more on the banking cartel, check this page. The Canadian Government, like so many others, has sold out the independence and sovereignty of its monetary system to foreign interests. BIS, like its central banks, exceed their agenda and try to influence other social agendas. See who is really controlling things, and the common lies that politicians and media figures tell. Now, the bankers work with the climate mafia and pandemic pushers to promote their mutual goals of control and debt slavery.

2. Important Links


CLICK HERE, for www.comer.org.
CLICK HERE, for a failed Court bid to reform the banking process in Canada.
CLICK HERE, for COMER’s 2011 press release.
CLICK HERE, for 2012 Proceedings.
CLICK HERE, for the ruling to strike our the claim, without leave to amend.
CLICK HERE, for April 24, 2014 ruling, which overturned the portion of the striking out, instead, allowing an amended statement to be filed.
CLICK HERE, for press release on April 24, 2014 decision, overturning a Pronothary’s dismissal.
CLICK HERE, for the 2015 Federal Court of Appeal ruling.
CLICK HERE, for the 2015 Federal Court of Appeal

3. From COMER’s 2011 Press Release

The action also constitutionally challenges the government’s fallacious accounting methods in its tabling of the budget by not calculating nor revealing the true and total revenues of the nation before transferring back “tax credits” to corporations and other taxpayers.

The Plaintiffs state that since 1974 there has been a gradual but sure slide into the reality that the Bank of Canada and Canada’s monetary and financial policy are dictated by private foreign banks and financial interests contrary to the Bank of Canada Act.

The Plaintiffs state that the Bank of International Settlements (BIS), the Financial Stability Forum (FSF) and the International Monetary Fund (IMF) were all created with the cognizant intent of keeping poorer nations in their place which has now expanded to all nations in that these financial institutions largely succeed in over-riding governments and constitutional orders in countries such as Canada over which they exert financial control.

The Plaintiffs state that the meetings of the BIS and Financial Stability Board (FSB) (successor of FSF), their minutes, their discussions and deliberations are secret and not available nor accountable to Parliament, the executive, nor the Canadian public notwithstanding that the Bank of Canada policies directly emanate from these meetings. These organizations are essentially private, foreign entities controlling Canada’s banking system and socio-economic policies.

The gist of the press release, and of the Claim overall, is that Canada’s banking system has been hijacked and usurped. As such, it is controlled by foreign entities such as the Bank of International Settlements and the International Monetary Fund.

As was outlined in the last article, Canada’s banking “was” effectively turned over. The result is that Canada, instead of loaning money to itself, is now borrowing from private banks. As such, it is being bled dry.

In fact, COMER’s claims can be easily validated by online research. The question for the Court to decide: is this actually legal?

4. Ruling Striking Out Statement of Claim

[5] The core elements of COMER’s Claim can be reduced to three parts:
1. The Bank of Canada (Bank) and Crown refuse to provide interest-free loans for capital expenditures.
2. The Crown uses flawed accounting methods in describing public finances, which provides the rationale for refusing to grant such loans.
3. These and other harms are caused by the Bank being controlled by private foreign interests.

The Pronothary summarizing the main issues the Plaintiffs raise

Discussion
[41] Against these competing positions, it must be remembered that the test for striking an action is a high one. The action must be bereft of any chance of success and as noted above just because it is a novel cause of action it does not automatically fail.[26]

[42] The Supreme Court of Canada has recently summarized the principles to be applied on a motion to strike. In R. v. Imperial Tobacco Canada Ltd.,[27] the Chief Justice, writing for the Court made the following observations regarding a motion to strike:

17. The parties agree on the test applicable on a motion to strike for not disclosing a reasonable cause of action under r. 19(24)(a) of the B.C. Supreme Court Rules. This Court has reiterated the test on many occasions. A claim will only be struck if it is plain and obvious, assuming the facts pleaded to be true, that the pleading discloses no reasonable cause of action: Odhavji Estate v. Woodhouse, 2003 SCC 69 (CanLII), [2003] 3 S.C.R. 263, at para. 15; Hunt v. Carey Canada Inc., 1990 CanLII 90 (SCC), [1990] 2 S.C.R. 959, at p. 980. Another way of putting the test is that the claim has no reasonable prospect of [page 67] success. Where a reasonable prospect of success exists, the matter should be allowed to proceed to trial: see, generally, Syl Apps Secure Treatment Centre v. B.D., 2007 SCC 38 (CanLII), [2007] 3 S.C.R. 83; Odhavji Estate; Hunt; Attorney General of Canada v. Inuit Tapirisat of Canada, 1980 CanLII 21 (SCC), [1980] 2 S.C.R. 735.

. . .

21. Valuable as it is, the motion to strike is a tool that must be used with care. The law is not static and unchanging. Actions that yesterday were deemed hopeless may tomorrow succeed. Before Donoghue v. Stevenson, [1932] A.C. 562 (H.L.) introduced a general duty of care to one’s neighbour premised [page68] on foreseeability, few would have predicted that, absent a contractual relationship, a bottling company could be held liable for physical injury and emotional trauma resulting from a snail in a bottle of ginger beer. Before Hedley Byrne & Co. v. Heller & Partners, Ltd., [1963] 2 All E.R. 575 (H.L.), a tort action for negligent misstatement would have been regarded as incapable of success. The history of our law reveals that often new developments in the law first surface on motions to strike or similar preliminary motions, like the one at issue in Donoghue v. Stevenson. Therefore, on a motion to strike, it is not determinative that the law has not yet recognized the particular claim. The court must rather ask whether, assuming the facts pleaded are true, there is a reasonable prospect that the claim will succeed. The approach must be generous and err on the side of permitting a novel but arguable claim to proceed to trial.

What we can gain from this is that striking out a Statement of Claim is something that must be done cautiously, and only when it is plain and obvious that there is no chance to succeed.

Some of what may be “struck out” now, may in fact later be the basis for new laws, so the Courts should exercise caution and not jump to conclusions.

[30] The Crown further contends that COMER’s claim is outside this Court’s jurisdiction as it fails to meet the three-part test set out in ITO-International Terminal Operators Ltd v. Miida Electronics Inc.[21] In ITO, the Supreme Court considered the jurisdiction of the Federal Court in the context of an admiralty action. The Supreme Court determined that jurisdiction in the Federal Court depends on three factors:
1. There must be a statutory grant of jurisdiction by the Federal Parliament.
2. There must be an existing of body of federal law which is essential to the disposition of the case and which nourishes the statutory grant of jurisdiction.
3. The law on which the case is based must be a “law of Canada” as the phrase is used in s. 101 of the Constitution Act, 1867 [page 766]

[57] The jurisdictional issue raised by the Crown engages the three part test set out in ITO as discussed above. The Crown argues that this Court has no jurisdiction to entertain tort claims against Federal authorities.

[58] However, pursuant to sections 2, 17 and 18 of the Federal Courts Act, the wording is sufficiently wide to capture these types of claims against federal actors and Crown servants. It is therefore not plain and obvious that this Court is without jurisdiction to entertain claims seeking declaratory relief as here.

One of the major contentions is that the Government alleged that the Federal Court had no jurisdiction to even hear the case. The Pronothary took a different view. However, there were other problems which ended with this.

[71] There is ample authority in this Court and in the jurisprudence generally that where a claim has some kernel of a legitimate claim it should not be tossed aside but permitted to be amended to determine if the clam in law can be cured.[45]

[72] Given that the Claim, in my view, is not justiciable, leave to amend will not cure the defects. Leave to amend is therefore not granted.

The case was thrown out on a motion to strike. However, that will not be the end of it. The Plaintiffs would appeal to a Justice of the Federal Court.

5. COMER Appeals Dismissal


(See here.)

The striking out (without permission to amend) was appealed to a Justice of the Federal Court. This was a partial victory, as the dismissal “was” upheld, but it allowed the Plaintiff’s to file an amended Claim. This would be another “chance” to get it right.

6. COMER Tries To File Again


(See here.)
After the Justice of the Federal Court upheld the dismissal (but giving leave to amend the Statement of Claim), COMER appealed to the Federal Court of Appeal, and the Government cross-appealed.

In short, the Plaintiffs were trying to get the dismissal overturned entirely, while the Government tried to remove the clause to allow COMER to file an amended Statement of Claim.

The Federal Appeals Court panel (3 Justices) threw out both the appeal and cross-appeal.

7. COMER’s Amended Statement Thrown Out


(See here.)

[66] In terms of the general principles that ought to be applied on a motion to strike, the Plaintiffs assert that the facts pleaded by the Plaintiffs must be taken as proven: Canada (Attorney General) v Inuit Tapirasat of Canada, 1980 CanLII 21 (SCC), [1980] 2 SCR 735; Nelles v Ontario (1989), DLR (4th) 609 (SCC) [Nelles]; Operation Dismantle, above; Hunt v Carey Canada Inc 1990 CanLII 90 (SCC), [1990] 2 SCR 959 [Hunt]; Dumont v Canada (Attorney General), 1990 CanLII 131 (SCC), [1990] 1 SCR 279 [Dumont]; Nash v Ontario (1995), 1995 CanLII 2934 (ON CA), 27 OR (3d) 1 (Ont CA) [Nash]; Canada v Arsenault, 2009 FCA 242 (CanLII) [Arsenault].

[67] The Plaintiffs echo the test referenced by the Defendants, asserting that a claim can be struck only in plain and obvious cases where the pleading is bad beyond argument: Nelles, above, at para 3. The Court has provided further guidance in Dumont, above, that an outcome should be “plain and obvious” or “beyond doubt” before striking can be invoked (at para 2). Striking cannot be justified by a claim that raises an “arguable, difficult or important point of law”: Hunt, above, at para 55.

[68] The novelty of the Amended Claim is not reason in and of itself to strike it: Nash, above, at para 11; Hanson v Bank of Nova Scotia (1994), 1994 CanLII 573 (ON CA), 19 OR (3d) 142 (CA); Adams-Smith v Christian Horizons (1997), 3 OR (3d) 640 (Ont Gen Div). Additionally, matters that are not fully settled by the jurisprudence should not be disposed of on a motion to strike: RD Belanger & Associates Ltd v Stadium Corp of Ontario Ltd (1991), 1991 CanLII 2731 (ON CA), 5 OR (3d) 778 (CA). In order for the Defendants to succeed, the Plaintiffs state that a case from the same jurisdiction that squarely deals with, and rejects, the very same issue must be presented: Dalex Co v Schwartz Levitsky Feldman (1994), 19 OR (3d) 215 (CA). The Court should be generous when interpreting the drafting of the pleadings, and allow for amendments prior to striking: Grant v Cormier – Grant et al (2001), 2001 CanLII 3041 (ON CA), 56 OR (3d) 215 (CA).

[69] The Plaintiffs also remind the Court that the line between fact and evidence is not always clear (Liebmann v Canada, 1993 CanLII 3006 (FC), [1994] 2 FC 3 at para 20) and that the Amended Claim must be taken as pleaded by the Plaintiffs, not as reconfigured by the Defendants: Arsenault, above, at para 10.

Plaintiffs arguing that the Defendant has not actually met the burden to strike out a Statement of Claim. However, the Justice decides differently.

[137] In the present case, the Plaintiffs have not, in their Amended Claim, pleaded facts to demonstrate a “real” issue concerning the relative interests of each party, and the nexus of that real issue to the Plaintiffs and their claim for relief. Although as I pointed out in my Order of April 24, 2014, the Plaintiffs do distinguish between legal issues and policy issues, the legal issues remain theoretical with no real nexus to some interest of the Plaintiffs, other than an interest in having the Court endorse their opinion on the Bank Act issues raised.

[138] The Plaintiffs have not addressed the jurisdictional problems I referred to in paras 85 to 91 of my Order of April 24, 2014 and/or what might generally be referred to as the jurisdiction of the Court to entertain, or its willingness to grant, free-standing requests for declaration.

The Justice Rules that the original problems are left unfixed. As such, the case is thrown out. This time, there is no leave to amend, so if this is to continue, it must go back to the Federal Court of Appeals.

8. Return to Federal Court of Appeals


(See here.)

[9] The essence of the Federal Court judge’s reasoning for striking the amended statement of claim is summed up at paragraph 144 of his reasons: It seems to me, then, that the latest Amended Claim discloses no reasonable cause of action and has no prospect of success at trial. It also seems to me that the Plaintiffs are still asking the Court for an advisory opinion in the form of declarations that their view of the way the Bank Act and the Constitution should be read is correct. It also seems to me that they have failed to show a statutory grant of jurisdiction by Parliament that this Court can entertain and rule on their claim as presently constituted, or that they have any specific rights under the legislation which they invoke, or a legal framework for any such rights. As the Supreme Court of Canada pointed out in Operation Dismantle, above, the preventive function of a declaratory judgment must be more than hypothetical and requires “a cognizable threat to a legal interest before the Court will entertain the use of its process as a preventative measure” (para 33). The Court is not here to declare the law generally or to give an advisory opinion. The Court is here to decide and declare contested legal rights.

[10] The appellants assert that the opinion so expressed is wrong in law. In support of this proposition, they essentially reiterate the arguments which they urged upon the Federal Court judge and ask that we come to a different conclusion. Counsel for the appellants focused his argument during the hearing on the issue of standing and the right to seek declarations of constitutionality. It remains however that, as the Federal Court judge found, the right to a remedy is conditional on the existence of a justiciable issue.

The Federal Appeals Court believes that COMER is still asking for an advisory opinion. Furthermore, the FCA still believes that no justiciable issue has been raised.

9. Supreme Court of Canada Declines To Hear Case


(See here.)

The Supreme Court refuses to hear the case, which means it is legally over. It would have been nice to have some actual reasons included. However, due to the volume of cases it receives, rejected applications generally don’t receive them.

10. Issues Still Remain Unaddressed


Despite repeated rejection by the Courts, the questions about the changes in banking policy were never really addressed. Does giving control of our central bank to foreign powers break the law?

This is supposedly a “political” issue, but no politicians are willing to talk about it.

As of now, Canada is still borrowing money from private banks, as opposed to ourselves. We are racking up huge levels of debt that we shouldn’t be.

Digital Charter Coming After “Christchurch Call”

(Trudeau announcing new “Digital Charter”)

(New Zealand PM Jacinda Ardern at “Christchurch Call”)

Yes, the Christchurch Call and the UN “digital cooperation” are 2 separate initiatives, but the result is the same: stamping out free speech online.

(The UN High-Level Panel on Digital Cooperation)

(Liberal ex-Candidate Richard Lee supports UN regulating internet)

1. Important Links

(1) https://thespinoff.co.nz/politics/16-05-2019/the-christchurch-call-full-text/
(2) https://globalnews.ca/news/5283178/trudeau-digital-charter/?utm_medium=Twitter&utm_source=%40globalnews
(3) https://canucklaw.ca/unifor-interview-denies-crawling-into-bed-with-government/
(4) https://canucklaw.ca/wp-content/uploads/2018/11/economic.update.2018.pdf
(5) https://canucklaw.ca/canadian-govt-purges-sunni-shia-from-2019-terrorism-report-bill-c-59/
(6) https://www.blacklocks.ca/feds-to-list-approved-media/
(7) https://laws-lois.justice.gc.ca/eng/const/page-15.html

Interesting UN Links from prior article.
(8) http://www.un.org/en/digital-cooperation-panel/
(9) http://www.un.org/en/pdfs/HLP-on-Digital-Cooperation_Press-Release.pdf
(10) https://digitalcooperation.org/
(11) https://www.cepal.org/cgi-bin/getProd.asp?xml=/socinfo/noticias/noticias/4/48074/P48074.xml&xsl=/socinfo/tpl-i/p1f.xsl&base=/socinfo/tpl-i/top-bottom.xsl
(12) https://www.unescwa.org/sites/www.unescwa.org/files/events/files/program.pdf
(13) https://www.unescwa.org/sub-site/arabDIG
(14) https://www.unescwa.org/publications/internet-governance-challenges-and-opportunities-escwa-member-countries
(15) https://canucklaw.ca/un-wants-to-ban-criticism-of-islam-globally/

2. Text Of Christchurch Call

To that end, we, the Governments, commit to:
.
-Counter the drivers of terrorism and violent extremism by strengthening the resilience and inclusiveness of our societies to enable them to resist terrorist and violent extremist ideologies, including through education, building media literacy to help counter distorted terrorist and violent extremist narratives, and the fight against inequality.
-Ensure effective enforcement of applicable laws that prohibit the production or dissemination of terrorist and violent extremist content, in a manner consistent with the rule of law and international human rights law, including freedom of expression.
-Encourage media outlets to apply ethical standards when depicting terrorist events online, to avoid amplifying terrorist and violent extremist content.
Support frameworks, such as industry standards, to ensure that reporting on terrorist attacks does not amplify terrorist and violent extremist content, without prejudice to responsible coverage of terrorism and violent extremism. Consider appropriate action to prevent the use of online services to disseminate terrorist and violent extremist content, including through collaborative actions, such as:
-Awareness-raising and capacity-building activities aimed at smaller online service providers;
-Development of industry standards or voluntary frameworks;

-Regulatory or policy measures consistent with a free, open and secure internet and international human rights law.

To that end, we, the online service providers, commit to:
.
-Take transparent, specific measures seeking to prevent the upload of terrorist and violent extremist content and to prevent its dissemination on social media and similar content-sharing services, including its immediate and permanent removal, without prejudice to law enforcement and user appeals requirements, in a manner consistent with human rights and fundamental freedoms. Cooperative measures to achieve these outcomes may include technology development, the expansion and use of shared databases of hashes and URLs, and effective notice and takedown procedures.
-Provide greater transparency in the setting of community standards or terms of service, including by:
Outlining and publishing the consequences of sharing terrorist and violent extremist content;
-Describing policies and putting in place procedures for detecting and removing terrorist and violent extremist content. Enforce those community standards or terms of service in a manner consistent with human rights and fundamental freedoms, including by:
-Prioritising moderation of terrorist and violent extremist content, however identified;
Closing accounts where appropriate;
-Providing an efficient complaints and appeals process for those wishing to contest the removal of their content or a decision to decline the upload of their content.
-Implement immediate, effective measures to mitigate the specific risk that terrorist and violent extremist content is disseminated through livestreaming, including identification of content for real-time review.
-Implement regular and transparent public reporting, in a way that is measurable and supported by clear methodology, on the quantity and nature of terrorist and violent extremist content being detected and removed.
-Review the operation of algorithms and other processes that may drive users towards and/or amplify terrorist and violent extremist content to better understand possible intervention points and to implement changes where this occurs. This may include using algorithms and other processes to redirect users from such content or the promotion of credible, positive alternatives or counter-narratives. This may include building appropriate mechanisms for reporting, designed in a multi-stakeholder process and without compromising trade secrets or the effectiveness of service providers’ practices through unnecessary disclosure.
-Work together to ensure cross-industry efforts are coordinated and robust, for instance by investing in and expanding the GIFCT, and by sharing knowledge and expertise.
-To that end, we, Governments and online service providers, commit to work collectively to:
-Work with civil society to promote community-led efforts to counter violent extremism in all its forms, including through the development and promotion of positive alternatives and counter-messaging.
-Develop effective interventions, based on trusted information sharing about the effects of algorithmic and other processes, to redirect users from terrorist and violent extremist content.
Accelerate research into and development of technical solutions to prevent the upload of and to detect and immediately remove terrorist and violent extremist content online, and share these solutions through open channels, drawing on expertise from academia, researchers, and civil society.
-Support research and academic efforts to better understand, prevent and counter terrorist and violent extremist content online, including both the offline and online impacts of this activity.
-Ensure appropriate cooperation with and among law enforcement agencies for the purposes of investigating and prosecuting illegal online activity in regard to detected and/or removed terrorist and violent extremist content, in a manner consistent with rule of law and human rights protections.
Support smaller platforms as they build capacity to remove terrorist and violent extremist content, including through sharing technical solutions and relevant databases of hashes or other relevant material, such as the GIFCT shared database.
Collaborate, and support partner countries, in the development and implementation of best practice in preventing the dissemination of terrorist and violent extremist content online, including through operational coordination and trusted information exchanges in accordance with relevant data protection and privacy rules.
-Develop processes allowing governments and online service providers to respond rapidly, effectively and in a coordinated manner to the dissemination of terrorist or violent extremist content following a terrorist event. This may require the development of a shared crisis protocol and information-sharing processes, in a manner consistent with human rights protections.
Respect, and for Governments protect, human rights, including by avoiding directly or indirectly contributing to adverse human rights impacts through business activities and addressing such impacts where they occur.

Recognise the important role of civil society in supporting work on the issues and commitments in the Call, including through:
.
-Offering expert advice on implementing the commitments in this Call in a manner consistent with a free, open and secure internet and with international human rights law;
Working, including with governments and online service providers, to increase transparency;
-Where necessary, working to support users through company appeals and complaints processes.
-Affirm our willingness to continue to work together, in existing fora and relevant organizations, institutions, mechanisms and processes to assist one another and to build momentum and widen support for the Call.
-Develop and support a range of practical, non-duplicative initiatives to ensure that this pledge is delivered.
Acknowledge that governments, online service providers, and civil society may wish to take further cooperative action to address a broader range of harmful online content, such as the actions that will be discussed further during the G7 Biarritz Summit, in the G20, the Aqaba Process, the Five Country Ministerial, and a range of other fora.

Signatories:
Australia
Canada
European Commission
France
Germany
Indonesia
India
Ireland
Italy
Japan
Jordan
The Netherlands
New Zealand
Norway
Senegal
Spain
Sweden

3. Some Observations

Some observations:

  1. Combatting extremist ideologies and fighting inequality are lumped together.
  2. This will apparently be done “respecting free speech and human rights”, but aren’t those things already supposed to be protected?
  3. Parties want to “promot[e] positive alternatives and counter-messaging”. Doesn’t that sound like Onjective 17(c) of the UN Global Migration Compact, promote propaganda positive to migration?
  4. Encouraging media to use ethical practices when covering violence? And what, shut them down if they refuse?
  5. Widen support for the call? Collective suicide pact for free speech?
  6. Looking for expert advice in how to implement “the Call” without violating those pesky free speech and human rights laws. Perhaps you need another Jordan Peterson to make it sound nice and fluffy.
  7. Research to spot “ROOT CAUSES” of terrorism.
  8. Look for technical methods to remove terroristic or violent material, (or anything we deem to be violent or terroristic), and share the methods with others.
  9. Collaborate with partner countries, no real concern of whether they support terrorism themselves, as do many Islamic countries.
  10. Mess with algorithms to ensure users not directed to “inappropriate content”.
  11. Regular public reporting, sounds great, except when Governments censor necessary information in the name of not offending anyone, as seen here.
  12. Support INDUSTRY STANDARDS? So the internet “will” be regulated globally.
  13. And all of this misses a VERY IMPORTANT point: what happens when content is shared in Country A, but rules in Country B would render it illegal? Does the content get pulled down because it is offensive to some other nation in the world?

All in all, this is pretty chilling.

4. From Global(ist) News Article

“The platforms are failing their users. And they’re failing our citizens. They have to step up in a major way to counter disinformation, and if they don’t, we will hold them to account and there will be meaningful financial consequences,” he said Thursday.
.
“It’s up to the platforms and governments to take their responsibility seriously and ensure that people are protected online. You don’t have to put the blame on people like Mark Zuckerberg or dismiss the benefits of social platforms to know that we can’t rely exclusively on companies to protect the public interest,” Trudeau continued.
.
He announced that Canada would be launching a digital charter, touching on principles including universal access and transparency and serving as a guide to craft new digital policy.
.
Speaking about Canada’s upcoming federal election, he said the government was taking steps to eliminate fake news and that a new task force had been created in order to identify threats to the election and prevent foreign interference.

5. Remember? $595M Bribe

A New Non-Refundable Tax Credit for Subscriptions to Canadian Digital News Media
.
To support Canadian digital news media organizations in achieving a more financially sustainable business model, the Government intends to introduce a new temporary, non-refundable 15-per-cent tax credit for qualifying subscribers of eligible digital news media.
.
In total, the proposed access to tax incentives for charitable giving, refundable tax credit for labour costs and non-refundable tax credit for subscriptions will cost the federal government an estimated $595 million over the next five years. Additional details on these measures will be provided in Budget 2019.

Not only will the Trudeau Government be cracking down on what it views as “fake news”, it will be subsidizing “friendly” or cooperative media. This is nothing short of propaganda. This is a government propping up dying media outlets financially. Of course, what will be expected in return? favourable coverage?

6. Section 2: Fundamental Freedoms

To summarize so far, our government:
(1) Is a member of the UN, which wants to globally regulate the internet. This is referred to as “DIGITAL COOPERATION”. The same UN wants to globally ban criticism of Islam.
(2) Passes a “non-binding” motion, M-103, to ban Islamophobia.
(3) Passes Bill C-16, to ban criticism of their gender agenda, calling certain language to be hate speech.
(4) Signs the Global Migration Compact, which contains provisions (Objective 17(c)) to sensitise and regulate media.
(5) Announces plans to subsidize “certain” media, the 2018 economic update.
(6) Attends a convention, the Christchurch call, and signs the above resolution.
(7) Announces plans for a “digital charter”

Can Section 2 of the Charter — fundamental freedoms — protect us from this assault on free speech? Let’s hope so:

Fundamental freedoms
2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.

Most court cases have come down on the side of fundamental freedoms. If this digital charter comes to be, then certainly the 2 charters will collide.

7. Doing What UN Never Could?

The UN has for a long time tried to regulate our freedoms for the “global collective” or some other such nonsense.

But now, will we do this to ourselves? Will Western nations engage in their own freedom-suicide pact in order to provide the illusion of security from violent terrorists and extremists?

Western Liberals embrace global rule and regulation. So do “Conservatives”, and fake populists, who are basically globalists in disguise. It will be interesting to see how many will actually stand up for freedom instead of caving to pressure.

CCS #5: Meet the Controlled “Opposition” To Carbon Tax

(Originally featured in Maclean’s as “The Resistance”)

(Garnett Genuis, CPC MP, justifies Paris Accord)

(“Conservative” AB Premier Jason Kenney endorses Carbon tax)

(“Conservative” AB Prem Jason Kenney supports Bill C-69)

(Ontario Court of Appeals, website, contains many great links and references)

(Maxime Bernier, in 2016, against tax, but for climate change agenda)

1. Debunking The Climate Change Scam

CLICK HERE, for #1: major lies that the climate frauds tell.
CLICK HERE, for #2: review of the Paris Accord.
CLICK HERE, for #3: Bill C-97, the GHG Pollution Pricing Act.
CLICK HERE, for #4: in 3-2 decision, Sask. COA allows carbon tax.

2. Important Links


CLICK HERE, for Reference at Ontario Court of Appeals.
CLICK HERE, for Saskatchewan COA ruling.
CLICK HERE, for Ontario COA Factum (arguments).
CLICK HERE, for BC Factum (Intervenor in Ontario).
CLICK HERE, for NB Factum (Intervenor in Ontario).
CLICK HERE, for Manitoba’s position on “climate change”.
CLICK HERE, for Jason Kenney (AB).
CLICK HERE, for Jason Kenney Supporting Bill C-69.
CLICK HERE, for Jason Kenney Wanting a Provincial Carbon Tax.
CLICK HERE, for Maxime Bernier (PPC).
CLICK HERE, for Bernier again.

CLICK HERE, for factum of Intergenerational Climate Committee.
CLICK HERE, for the Factum of Canadian Taxpayers Federation.
CLICK HERE, for United Conservative Association.

3. Quotes From Sask COA Ruling

[4] The factual record presented to the Court confirms that climate change caused by anthropogenic greenhouse gas [GHG] emissions is one of the great existential issues of our time. The pressing importance of limiting such emissions is accepted by all of the participants in these proceedings.

[5] The Act seeks to ensure there is a minimum national price on GHG emissions in order to encourage their mitigation. Part 1 of the Act imposes a charge on GHG-producing fuels and combustible waste. Part 2 puts in place an output-based performance system for large industrial facilities. Such facilities are obliged to pay compensation if their GHG emissions exceed applicable limits. Significantly, the Act operates as no more than a backstop. It applies only those provinces or areas where the Governor in Council concludes GHG emissions are not priced at an appropriate level.

[6] The sole issue before the Court is whether Parliament has the constitutional authority to enact the Act. The issue is not whether GHG pricing should or should not be adopted or whether the Act is effective or fair. Those are questions to be answered by Parliament and by provincial legislatures, not by courts.

As was mentioned in the last segment, Saskatchewan “admits” that climate change is a real thing, and that emissions must be reduced drastically, in order to save the planet.

In other words, “Conservative” Premier Scott Moe fully endorsed the climate change scam. Rather, his sole argument against was that Ottawa should not intervene, and that Provinces should be left to their own devices. Specifically, Ottawa shouldn’t impose a carbon tax.

Moe is hardly alone in this. Indeed, the other “Resistance Members”

4. Quotes From Ontario Factum

6. Ontario agrees with Canada that climate change is real and that human activities are a major cause. Ontario also acknowledges that climate change is already having a disruptive effect across Canada, and that, left unchecked, its potential impact will be even more severe. Ontario agrees that proactive action to address climate change is required. That is why Ontario has put forward for consultation a made-in-Ontario plan to protect the environment, reduce greenhouse gas emissions, and fight climate change.

11. Ontario released its climate change plan, as part of its overall environment plan, for a 60-day period of public consultation on November 29, 2018. The plan will be finalized following consideration of input from that consultation. Ontario’s plan will tackle climate change in a balanced and responsible way, without placing additional burdens on Ontario families and businesses

12. “[Greenhouse gas] emissions come from virtually all aspects of Ontario’s society and economy.” There are seven primary sectors in Ontario that produce greenhouse gas emissions: transportation; industry; buildings; land use, land use change and forestry; electricity; waste; and agriculture. All but the last (which is an area of concurrent federal/provincial jurisdiction) will be discussed in turn.

13. Canada itself has publicly acknowledged the wide range of activities that can generate greenhouse gas emissions – activities as varied as homes and buildings, transport, industry, forestry, agriculture, waste, and electricity.

(Source is here.) Ontario, like Saskatchewan, does not bother questioning any of the findings. Both “Conservative” governments have no interest in getting to the truth of the scam, nor the many failed model predictions. Again, this only concerns whether Ottawa can mandate Carbon taxes on other provinces.

5.Quotes From New Brunswick Factum

1. The Intervenor, Attorney General of New Brunswick (“New Brunswick”) agrees with the factum of the Attorney General of Ontario (“Ontario”) regarding the nature of this reference and agrees with Ontario’s conclusions in every respect. New Brunswick also agrees with the climate data submitted by the Attorney General of Canada (“Canada”). This reference should not be a forum for those who deny climate change; nor should it be a showcase about the risks posed by greenhouse gas emissions (“GHG emissions”). The supporting data is relevant only to the extent that it is meaningfully connected to the constitutional question at issue.

2. The foundational climate change data provided by Canada, generally intended to portray the anticipated impacts of climate change in Canada, as well as the many references to international accord and commitments, leave an unquestionable impression of Canada’s a deep resolve to see the nation’s environmental footprint diminished. New Brunswick does not take issue with Canada’s commitment or with the importance of the overall subject matter.

3. What New Brunswick disputes is the way in which the federal Parliament has apportioned its resolve to diminish GHG emissions by imposing “backstop legislation”.

New Brunswick very explicitly states that the reference is not for anyone who denies “climate change, or global warming (or whatever it identifies as). Instead, the only issue is whether the tax imposed by the Federal Government is constitutional.

6. Quotes From BC Factum

1. Greenhouse gases might pose the most difficult collective action problem the world has ever faced. The benefits of emissions are local, but the costs are global. When people burn fossil fuels in the production or consumption of goods and services, each jurisdiction – national or subnational – exports its greenhouse gases to every other. And they all import the consequences: for all practical purposes, without regard to the extent of their own part in creating the problem.

2. The prospect of uncontrolled climate change requires that we treat the capacity of the atmosphere to hold greenhouse gases like the scarce, valuable resource it is. If total temperature increases are to be kept to 1.5˚C or 2˚C above pre-industrial averages — or indeed to any target at all — the world must ultimately reduce net emissions to zero. The global stock of greenhouse gases that can permissibly be added in the meantime is finite and must somehow be allocated. Those allocations have an economic value that individuals, industries, sub-national jurisdictions and nation states can be expected to quarrel over.

3. Under Canada’s Constitution, provinces have legislative authority to regulate or price emissions by individuals and businesses within their borders. In 2008, British Columbia enacted one of the first carbon pricing schemes. In the intervening decade, emissions were reduced compared to what they would have been, while the province enjoyed the highest economic growth in the country. But because greenhouse gases do not respect borders — while provincial legislation must — British Columbia’s actions will only counteract the negative effects of climate change on the property and civil rights of its residents if other jurisdictions follow suit

BC actually has a socialist government, which in this case is indistinguishable from self-identified “Conservative” governments.

7. Quotes From Manitoba

The Manitoba government will go to court over Ottawa’s imposition of a carbon tax.

Premier Brian Pallister revealed Wednesday his government will launch a legal challenge against the federal government, which imposed its new levy as promised on Manitoba, along with three other provinces, Monday.

“We’re going to court, sadly, to challenge the Ottawa carbon tax because Ottawa cannot impose a carbon tax on a province that has a credible greenhouse gas-reduction plan of its own, and we do,” he told reporters.

Manitoba’s Premier Pallister, who also self-identifies as a “Conservative”, doesn’t challenge the history of valid predictions or climate models. Instead, his position (like the others), is solely that Ottawa doesn’t have the authority to impose a Carbon tax on the Provinces.

8. Quotes From Alberta

The fall federal election will be “an opportunity for Canadians to say that they don’t want busy-body politicians telling them how to live their lives and taking more money out of their pockets,” said Kenney, who was sworn in as Alberta’s premier on Tuesday.

Alberta is not currently subject to the federal carbon tax because it has its own pricing scheme set up by the former NDP government. Kenney has vowed to repeal that legislation and implement his own emissions reduction plan.

Again, no mention about the scam that is climate change. No mention of how wrong all these “experts” have been. Nothing about how Carbon Dioxide is used in photosynthesis.

And Jason (Bilderberg) Kenney will very shortly go about screwing over Alberta, first with a “made in Alberta” Carbon tax, then supporting Bill C-69, despite the damage it will do to Alberta’s economy. See here, and see here.

9. From Canadian Taxpayer Federation

1. The Canadian Taxpayers Federation [the CTF] is a federally incorporated, not-for-profit citizen’s group dedicated to advocating for lower taxes, less waste, and more accountable government. The CTF is participating in this reference based on its concern that the federal carbon tax is unlikely to achieve its stated objective and will, instead, just be a ‘tax’ on the taxpayers of Ontario, despite being imposed on the taxpayers of Ontario in a manner that is contrary to section 53 of the Constitution Act, 1867. Constitution Act, 1867, at s. 53.

2. The CTF intends to use its participation in this reference to advance the following two points. First, the federal carbon tax also meets the legal criteria for being designated as a ‘tax’. Second, the federal carbon tax does not comply with the constitutionally-enshrined principle of “no taxation without representation” and, thus, the federal carbon tax is unconstitutional, at least in its application in Ontario.

For a non-profit worried about wasted taxpayer money, the CTF misses the most important part: the climate change movement is a scam based on junk science. However, no where that (or any similar arguments), be made on its behalf.

10. From United Conservative Association

1. This Reference is a case about the division of powers between the federal and provincial governments and the proper balance of federalism in Canada. The United Conservative Association (“UCA”) agrees with the positions advanced by Ontario and submits that the Greenhouse Gas Pollution Pricing Act (the ”GGPPA”) is unconstitutional.

2. By attempting to justify the enactment of the GGPPA using the national concern branch of the peace, order, and good governance (“POGG”) clause, Canada seeks to expand the federal government’s constitutional powers at the expense of the provinces.

3. Put simply, Canada is attempting to claim a new, exclusive power to regulate greenhouse gas (“GHG”) emissions throughout Canada.

Again, no mention of the junk science behind the climate change scam. The only issue is whether Ottawa has Constitutional power to impose such a tax.

11. The “Populist” Position

A second reason is that provinces are already experimenting with various ways to reduce emissions. Some have a carbon tax, others have a cap-and-trade regime, still, others are focusing on carbon capture or direct regulation. Several also have programs to subsidize electric cars or renewable energy that only seem to waste money and drive up costs to businesses and consumers.

We’ll see over time what model is most effective in reducing emissions and least detrimental to the economy. But there is no reason for Ottawa to impose another layer of government intervention on an already complex and costly series of measures whose effectiveness has yet to be demonstrated.

A third reason is that the transition to other sources of energy is already taking place, as companies respond to consumer demand for more environment-friendly products. The federal government should help it along by reducing taxes, barriers to innovation and competition, and ineffective and costly regulation. This is a real market-based policy that Conservatives should support.

See SOURCE:

“Populist” Maxime Bernier refuses to call out the scam, and instead just calls Carbon pricing ineffective. Granted, this article is from August 2016. However, Bernier will not call a spade a spade. Just like in this 2016 tweet.

But since leaving the Conservative Party, Bernier is now willing to call out climate change propaganda.

Though, to be fair, Bernier is now openly saying that Carbon Dioxide is just plant food.

12. An Outsider’s Take On This


Despite the shoddy pseudo-science behind “climate change” policies, none of the parties either in the Saskatchewan case, nor the upcoming Ontario case question it. Rather, these parties SOLELY object to the Carbon tax on the grounds that Provinces should be able to set their prices.

Controlled opposition, the whole lot.

CCS #4: Saskatchewan COA, in 3-2 Ruling Allows Carbon Tax

(Court reference regarding Carbon tax in Saskatchewan)

(Saskatchewan Premier Scott Moe)

(Environment Minister Catherine McKenna)

1. Debunking The Climate Change Scam

CLICK HERE, for #1: major lies that the climate frauds tell.
CLICK HERE, for #2: text/review of the Paris Accord.
CLICK HERE, for #3: Bill C-97, GHG Pollution Pricing Act.

2. Important Links

SK COA Ruling On Carbon Tax
http://archive.is/tNe2k
Saskatchewan Court Of Appeal Reference Question
SKCA Attorney General Of Canada
SKCA Attorney General Of Ontario
SKCA Attorney General Of New Brunswick
SKCA Attorney General Of British Columbia
SKCA Canadian Taxpayers Association
SKCA David Suzuki Foundation
SKCA International Emissions Trading Association
SKCA United Conservative Association

CLICK HERE, for the Saskatchewan COA Reference.
CLICK HERE, for Saskatchewan Premier, Scott Moe.
CLICK HERE, for Environment Minister Catherine McKenna.
CLICK HERE, for the Paris Accord itself.

CLICK HERE, for Bjorn Lomborg, Copenhagen Consensus Center. (0.05 degrees)
CLICK HERE, for fact-checking Paris Accord. (0.20 degrees)
CLICK HERE, for limited temperature raises form 2 degrees to 1.5 (0.50).
CLICK HERE, for some skepticism.
CLICK HERE, for the Climate Change 2014 Synthesis Report Summary for Policymakers [Climate Change 2014], used by Sask COA.
CLICK HERE, for the UN Conference on Climate Change (2015).

3. Quotes From Majority Ruling

[4] The factual record presented to the Court confirms that climate change caused by anthropogenic greenhouse gas [GHG] emissions is one of the great existential issues of our time. The pressing importance of limiting such emissions is accepted by all of the participants in these proceedings.

Okay, to start this off, Saskatchewan Premier Scott Moe doesn’t actually “challenge” any of the climate change alarmist claims that society depends on it. He doesn’t challenge any of the pseudo-science or the history of failed climate models. His only argument is that a Carbon tax is ineffective.

If you were expecting Premier Moe to examine or look into any of the “scientific” claims, he is not the man to do it.

[5] The Act seeks to ensure there is a minimum national price on GHG emissions in order to encourage their mitigation. Part 1 of the Act imposes a charge on GHG-producing fuels and combustible waste. Part 2 puts in place an output-based performance system for large industrial facilities. Such facilities are obliged to pay compensation if their GHG emissions exceed applicable limits. Significantly, the Act operates as no more than a backstop. It applies only those provinces or areas where the Governor in Council concludes GHG emissions are not priced at an appropriate level.

[6] The sole issue before the Court is whether Parliament has the constitutional authority to enact the Act. The issue is not whether GHG pricing should or should not be adopted or whether the Act is effective or fair. Those are questions to be answered by Parliament and by provincial legislatures, not by courts.

So not only does the Saskatchewan Government accept that climate change is a threat to our existence, it doesn’t even ask the Court to consider if such a measure is fair or effective.

[16] ….(a) “Human influence on the climate system is clear, and recent anthropogenic emissions of greenhouse gases are the highest in history. Recent climate changes have had widespread impacts on human and natural systems” (at 2).
.
(b) “Warming of the climate system is unequivocal, and since the 1950s, many of the observed changes are unprecedented over decades to millennia. The atmosphere and ocean have warmed, the amounts of snow and ice have diminished, and sea level has risen” (at 2).
.
(c) “Anthropogenic greenhouse gas emissions have increased since the pre-industrial era, driven largely by economic and population growth, and are now higher than ever. This has led to atmospheric concentrations of carbon dioxide, methane and nitrous oxide that are unprecedented in at least the last 800,000 years. Their effects, together with those of other anthropogenic drivers, have been detected throughout the climate system and are extremely likely to have been the dominant cause of the observed warming since the mid-20th century” (emphasis in original, at 4).
.
(d) “Changes in many extreme weather and climate events have been observed since about 1950. Some of these changes have been linked to human influences, including a decrease in cold temperature extremes, an increase in warm temperature extremes, an increase in extreme high sea levels and an increase in the number of heavy precipitation events in a number of regions” (at 7).
.
(e) “Continued emission of greenhouse gases will cause further warming and long lasting changes in all components of the climate system, increasing the likelihood of severe, pervasive and irreversible impacts for people and ecosystems. Limiting climate change would require substantial and sustained reductions in greenhouse gas emissions which, together with adaptation, can limit climate change risks” (at 8).
.
(f) “Surface temperature is projected to rise over the 21st century under all assessed emission scenarios. It is very likely that heat waves will occur more often and last longer, and that extreme precipitation events will become more intense and frequent in many regions. The ocean will continue to warm and acidify, and global mean sea level to rise” (emphasis in original, at 10).
.
(g) “Climate change will amplify existing risks and create new risks for natural and human systems. Risks are unevenly distributed and are generally greater for disadvantaged people and communities in countries at all levels of development”
.
(h) “Without additional mitigation efforts beyond those in place today, and even with adaptation, warming by the end of the 21st century will lead to high to very high risk of severe, widespread and irreversible impacts globally (high confidence). …” (emphasis in original, at 17).
.
None of these conclusions were challenged or put in issue by the participants in this Reference

Source for claims. Read through it. Despite all of the dire warnings inside, there is little to actually justify any of it.

To repeat: NONE of these “facts” are disputed by the Saskatchewan Government or Premier Moe. The Government doesn’t dispute that the IPCC claims to know what happened 800,000 years ago. It doesn’t challenge any of the predictions (and computer models are just predictions). Instead, the case will boil down to technical arguments as to whether the Feds have the jurisdiction to impose the Carbon tax.

Saskatchewan concedes all of the “factual” arguments around climate change, and instead tries to make narrow legal arguments against it being imposed.

In fact, watching Premier Moe’s speech after the ruling, it is clear he believes that the climate change scam is legitimate. Rather, he argues that the Federally mandated Carbon tax is just an ineffective means of dealing with it.

While on a technical level, Saskatchewan does make interesting arguments about jurisdiction. However, it’s difficult to justify not jumping onboard when you have agreed that climate change threatens humanity

[7] The Constitution Act, 1867 distributes legislative authority between Parliament and the provincial legislatures. Broadly speaking, a statute is valid if its essential character falls within a subject matter allocated to the legislative body that put the statute in place. Neither level of government has exclusive authority over the environment. As a result, Parliament can legislate in relation to issues such as GHGs so long as it stays within the four corners of its prescribed subject matters and the provinces can do the same so long as they stay within their prescribed areas of authority.

[8] The Attorney General of Saskatchewan [Saskatchewan] challenges the Act by submitting it imposes taxes in the constitutional sense of the term. This would normally be legally unobjectionable because Parliament enjoys a broad taxing authority. However, Saskatchewan contends the Act is invalid because the Governor in Council determines the provinces where it operates. This is said to offend the principle of federalism in that the application of the Act depends on whether a province has exercised its own jurisdiction in relation to pricing GHG emissions to a standard considered appropriate by the Governor in Council. Saskatchewan also says the Act runs afoul of s. 53 of the Constitution Act, 1867. Section 53 requires, in effect, that taxes be authorized by legislative bodies themselves, not by executive government or otherwise.

[9] Saskatchewan’s arguments on this front cannot be accepted. The principle of federalism is not a free-standing concept that can override an otherwise validly enacted law. Rather, it is a value to be taken into account when interpreting the Constitution. The s. 53 argument cannot be sustained either because, in constitutional terms, the levies imposed by the Act are regulatory charges, not taxes. In any event, even if they were taxes, the Act does not offend s. 53. Parliament has clearly and expressly authorized the Governor in Council to decide where the Act will apply.

The layman’s explanation is not that the science is sound (it isn’t) nor that such a tax is fair or appropriate. Again, the Court is only considering whether Ottawa stepped over its bounds by encroaching on a Provincial matter. The majority (a 3-2 decision), says no it does not.

[29] The federal government released a document entitled Pan-Canadian Approach to Pricing Carbon Pollution on October 3, 2016. The approach outlined in the document was grounded both on the proposition that economy-wide carbon pricing was the most efficient way to reduce GHG emissions and a recognition that several jurisdictions including British Columbia, Ontario and Québec had already introduced carbon pricing regimes. The approach proposed by the government involved a pan-Canadian “benchmark” for carbon pricing. The benchmark involved a requirement that pricing regimes apply to essentially the same emission sources as British Columbia’s carbon tax. The required stringency of the benchmark, for an explicit price-based system, was that carbon pricing should start at a minimum of $10 per tonne in 2018 and rise by $10 per year to $50 per tonne in 2022. The provinces with cap-and-trade systems would have to ensure that emission reduction targets were in line with Canada’s overall reduction target. As well, the federal government’s approach was stated to involve a “backstop”. This was the idea that the federal government would introduce an explicit price-based carbon pricing system in jurisdictions that did not meet the benchmark.

Again, the Provinces are all on board with the global warming scam, but Ottawa decided to enact a pricing scheme on Provinces that would not enact their own.

And from Saskatchewan’s own submissions:

[33]We wholeheartedly support efforts to reduce greenhouse gases. But those efforts must be effective and they must not disadvantage one region of Canada more than another. A federal carbon tax is ineffective and will impair Saskatchewan’s ability to respond to climate change.

Our opposition to the federal government’s carbon tax should not be seen as reluctance to act. Rather, it is a recognition that we must act, and act decisively, with all our economic strength. For Saskatchewan, mitigation is not enough. Our agriculture and resource-rich province must also focus on climate adaptation and resilience in order to be effective.

This reads like a dog-and-pony show. The Saskatchewan Government at every turn admitting that “climate change” is a dire threat to the world. The complaint seems to be wanting to implement its own solution.

Is Scott Moe just going through the motions?

[51] Saskatchewan advances two main lines of argument in seeking to have the Act found unconstitutional. The first is that the principle of federalism prevents Parliament from enacting a statute applicable in only some provinces because of how those provinces have chosen to exercise their legislative authority. Saskatchewan’s second argument is that the Act imposes a tax and, because it allows the Governor in Council to decide where it applies, the Act offends the requirement in s. 53 of the Constitution Act, 1867 that bills imposing taxes must originate in the House of Commons. Saskatchewan goes on to deny that, as contended by Canada, the Act can be sustained under Parliament’s authority under the national concern branch of POGG. It also denies, as suggested by some intervenors, that the Act, or features of it, can be supported under Parliament’s authority in relation to trade and commerce, emergencies, criminal law or treaties.

Argument 1: can’t treat the Provinces differently.
Argument 2: Tax bills must come from House of Commons.

Let’s address those both.

[60] It is useful to begin by underlining that, as Saskatchewan concedes, there is no recognized constitutional requirement that laws enacted by Parliament must apply uniformly from coast to coast to coast. To the contrary, a number of decisions have upheld federal laws with uneven geographic application.

[68] Saskatchewan has referred to no judicial authority which in any way directly supports the idea that the principle of federalism can or should independently render unconstitutional an otherwise valid law. Its argument on this front cannot succeed.

Several cases are then cited, in fact beating down Saskatchewan’s argument #1. That was one of 2 legal arguments, and Saskatchewan goes into Court without a single case to back up its claims. Now to get to argument #2.

[100] Saskatchewan >does not challenge Parliament’s legislative authority to enact the Act under its s. 91(3) taxation power. Indeed, it takes the initiative in arguing that the levies imposed by the Act fall under s. 91(3). Saskatchewan’s real point lays one step down the road from this characterization of the Act. It takes issue with the authority of the Governor in Council to determine the provinces and areas to which the Act will apply. This authority is said to make the Act non-compliant with s. 53.

Saskatchewan admits the Federal Government has the power to impose taxes. Rather it takes issue with the Governor in Council determining where it will apply. But in all fairness, Ottawa “did” give all Provinces the chance to come up with their own taxation policies.

Argument #1: Claiming non-uniform treatment, yet admitting there is no requirement for uniform treatment. Also, not a single case to rely in.

Argument #2: Admitting Ottawa has constitutional power to impose taxes, but arguing over how it should apply.

Some pretty weak arguments.

Now, had Saskatchewan challenged the factual basis for the climate change scam, instead of relying on narrow, legal arguments, this may have ended quite differently.

Saskatchewan did also raise this issue of “Peace, Order and Good Governance”, but that was shot down as well

[210] The advisory opinion offered in response to the question posed by the Lieutenant Governor in Council is as follows: “The Greenhouse Gas Pollution Pricing Act is not unconstitutional either in whole or in part”.

4. Quotes From Minority Dissent

[236] GHGs are gases that absorb and re-emit infrared radiation, the most prevalent of which is carbon dioxide [CO2]. GHGs are a significant contributor to climate change. For this reason, the parties and intervenors all agree that the governments of Canada and the Provinces must take steps to mitigate the anthropogenic emission of GHGs. Because none of the Attorneys General dispute the causative effect anthropogenic GHGs have on climate change or the attendant and existential necessity of mitigating anthropogenic GHG emissions, the proof or truth of these facts is not at issue. That is, they are proven and true.

[237] In policy terms, the Act is the product of the federal government’s efforts to meet Canada’s commitments under the Paris Agreement (AG-Can Record, Moffet Affidavit vol 2, Tab I). This is apparent from the terms of the March 3, 2016, Vancouver Declaration on Clean Growth and Climate Change (AG-SK Record, Tab 1 [Vancouver Declaration]), where First Ministers of Canada recognised the necessity of reducing anthropogenic GHG emissions and committed their respective governments to “[i]mplement GHG mitigation policies in support of meeting or exceeding Canada’s 2030 target of a 30% reduction below 2005 levels of emissions, including specific provincial and territorial targets and objectives”.

Even the dissenting Justices acknowledged that Saskatchewan admits the “climate change” issue is real.

[459] The Attorney General of Canada concedes the Act will cause prices of agricultural inputs to rise. Even though farmers are exempt from the fuel charge, the producers, manufacturers and retailers of farm inputs are not. Further, transportation companies that haul grain, livestock and inputs for farmers are not exempt from the fuel levy. In this way, the effect of the Act is to regulate local industries, businesses and consumer activity in a specific way chosen by the federal government, but the practical effect on a Province of the imposition of federal GHG emissions policy under the Act is a profound intrusion into the exclusive spheres of Provincial jurisdiction. As set forth earlier, the Government of Saskatchewan has indicated in the Saskatchewan Strategy that it believes the fuel levy imposed under the Act will actually impair its ability to react to and to address climate change.

[460] The Act is highly intrusive into provincial jurisdiction. Although less direct, it is only slightly less intrusive than the legislation considered in Anti-Inflation, where the federal government had sought to pervasively control wages and prices in the Provinces. Although the Supreme Court sustained that legislation under the emergency branch of POGG, it could not have sustained the legislation under the national concern branch.

[461] The Act is highly intrusive in another way. The benchmark, which determines its application in the Provinces, effectively establishes federal oversight of GHG emissions regulation by the Provinces within their spheres of exclusive jurisdiction. It is regulation of the regulator. To permit Parliament to exercise a law-making power of this nature in respect of GHGs would be to open up the use of POGG to allow regulatory oversight by the federal government over all manner of Provincial matters as it might unilaterally deem to have become matters of national concern.

[462] Of particular concern to us on the question of its impact are the provisions of the Act that make it possible for the executive branch of federal government to substantially alter the original form and effect of the Act. The provisions that permit statutory transmogrification are ss. 26, 166 to 168 and 197(1)(a). Furthermore, the pervasive use of the word prescribed in the Act confers further metamorphic power on the executive branch to alter the appearance, character and functionality of the Act. These provisions have been referred to earlier but are worth reviewing in this context. In that regard, s. 26, dealing with the fuel levy, allows the federal cabinet by prescribing certain things, to change to whom the fuel levy applies, under what conditions it applies, the manner of payment and the time of payment.

Some interesting points:
(a) Act effectively regulates local businesses.
(b) Act is highly intrusive into Provincial matters.
(c) Allows Federal regulation of Provincial matters.
(d) Feds can amend this unilaterally.

[468] In our view, the position taken by the Attorney General of Canada mirrors the scenario described above. The Act has broad effects and the potential to have even broader effect than its current terms, but these facts are ignored in the expediency of characterising the matter, whether in terms of cumulativeness or stringency, narrowly enough to qualify it as a matter of national concern. However, a court cannot ignore the fact that, by its very terms, the Act can be expanded in any way the federal cabinet determines is necessary or expedient.

[476] Before summarising our opinion, we would reiterate two points. First, we agree that all levels of government in Canada must take action to address climate change. The anthropogenic emission of GHGs is an issue of pressing concern to all Canadians and to the world. Second, Parliament has a number of constitutional powers, legislative means and administrative mechanisms at its disposal to achieve its objectives in this regard. This reference arises because Parliament chose not to avail itself of its established constitutional powers or to do so validly. Notwithstanding the existential threat of climate change, federalism in Canada means that all governments of Canada must bring all law-making power to bear on the issue of climate change, but in a way that respects the division of powers under the Constitution Act, 1867

Though some interesting legal arguments were raised, Saskatchewan plays along with the propaganda that climate change is an existential threat to humanity.

IV. OPINION
[477] Section 52 of the Constitution Act, 1982 states that the Constitution is the supreme law of Canada and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect. We advise the Lieutenant Governor in Council that, for the foregoing reasons, in our opinion:

(a) Part 1 of the Act is invalid, being an unconstitutional delegation of Parliament’s law-making power under s. 91(3) of the Constitution Act, 1867 and being contrary to s. 53 of the Constitution Act, 1867.

(b) The Act cannot be sustained as a valid exercise of Parliament’s other enumerated law-making powers under s. 91 of the Constitution Act, 1867 nor can it be sustained under POGG

So, by a 3-2 margin, the Saskatchewan Court of Appeals rules that the Carbon tax can be legally imposed on Provinces.

5. Actual Climate Change Research

Table 1. Impact of climate policies, optimistic and pessimistic,

for RCP8.5, using MAGICC, summary of finds described through-out the text
Change in temperature

°C year 2100 Pessimistic Optimistic
US INDC 0.008 0.031
US CPP 0.004 0.013
EU INDC 0.017 0.053
EU 2020 0.007 0.026
China INDC 0.014 0.048
RoW INDC 0.009 0.036
Global INDCs 0.048 0.170

See page 9 (Page 117 in index) for above table.
Source is here.

That’s right. Even the most optimistic climate models, would be a reduction of 0.170 degrees Celcius. Most pessimistic case would be 0.048 degrees Celcius. 0.048 to 0.170 degrees over the next century. Rather than getting nitpicky over jurisdiction, perhaps Scott Moe SHOULD have challenged the facts and evidence.

6. Was The Challenge Designed To Fail?

The “Conservative” Government of Scott Moe doesn’t challenge the climate change agenda itself. None of them do. Instead, this is extremely narrow arguments over jurisdiction. And it’s about to get much worse, so stay tuned.

Canada’s Criminal Code: Insults As Bad As Advocating Genocide

(MP Iqra Khalid, who opposes free speech)

DEFAMATORY LIBEL laws are still on the books!

1. Important Links

CLICK HERE, for a prior review of Bill C-71 (firearms)
CLICK HERE, for a prior review of Bill C-75 (terrorism)
CLICK HERE, for global efforts to ban criticism of Islam.
CLICK HERE, for “defamatory libel” in the Criminal Code.
CLICK HERE, for previous version.
CLICK HERE, for Canadian Charter of Rights & Freedoms.
CLICK HERE, for R. v. Stevens, 1993 CanLII 14706 (MB PC).
CLICK HERE, for cases linked to R. v. Stevens.
CLICK HERE, for R. v. Lucas, (1998)

2. From The Criminal Code

Defamatory Libel
Definition of newspaper
297 In sections 303, 304 and 308, newspaper means any paper, magazine or periodical containing public news, intelligence or reports of events, or any remarks or observations thereon, printed for sale and published periodically or in parts or numbers, at intervals not exceeding thirty-one days between the publication of any two such papers, parts or numbers, and any paper, magazine or periodical printed in order to be dispersed and made public, weekly or more often, or at intervals not exceeding thirty-one days, that contains advertisements, exclusively or principally.
R.S., c. C-34, s. 261.

Marginal note:
Definition
298 (1) A defamatory libel is matter published, without lawful justification or excuse, that is likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or that is designed to insult the person of or concerning whom it is published.

Marginal note:
Mode of expression
(2) A defamatory libel may be expressed directly or by insinuation or irony
(a) in words legibly marked on any substance; or
(b) by any object signifying a defamatory libel otherwise than by words.
R.S., c. C-34, s. 262.

Marginal note:
Publishing
299 A person publishes a libel when he
(a) exhibits it in public;
(b) causes it to be read or seen; or
(c) shows or delivers it, or causes it to be shown or delivered, with intent that it should be read or seen by any person other than the person whom it defames.
R.S., 1985, c. C-46, s. 299; 2018, c. 29, s. 31.
Previous Version

Marginal note:
Punishment of libel known to be false
300 Every one who publishes a defamatory libel that he knows is false is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
R.S., c. C-34, s. 264.

Marginal note:
Punishment for defamatory libel
301 Every one who publishes a defamatory libel is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
R.S., c. C-34, s. 265.

Marginal note:
Extortion by libel
302 (1) Every one commits an offence who, with intent
(a) to extort money from any person, or
(b) to induce a person to confer on or procure for another person an appointment or office of profit or trust,
publishes or threatens to publish or offers to abstain from publishing or to prevent the publication of a defamatory libel.

Marginal note:
Idem
(2) Every one commits an offence who, as the result of the refusal of any person to permit money to be extorted or to confer or procure an appointment or office of profit or trust, publishes or threatens to publish a defamatory libel.

Marginal note:
Punishment
(3) Every one who commits an offence under this section is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
R.S., c. C-34, s. 266.

Marginal note:
Proprietor of newspaper presumed responsible
303 (1) The proprietor of a newspaper shall be deemed to publish defamatory matter that is inserted and published therein, unless he proves that the defamatory matter was inserted in the newspaper without his knowledge and without negligence on his part.

Marginal note:
General authority to manager when negligence
(2) Where the proprietor of a newspaper gives to a person general authority to manage or conduct the newspaper as editor or otherwise, the insertion by that person of defamatory matter in the newspaper shall, for the purposes of subsection (1), be deemed not to be negligence on the part of the proprietor unless it is proved that
(a) he intended the general authority to include authority to insert defamatory matter in the newspaper; or
(b) he continued to confer general authority after he knew that it had been exercised by the insertion of defamatory matter in the newspaper.

Marginal note:
Selling newspapers
(3) No person shall be deemed to publish a defamatory libel by reason only that he sells a number or part of a newspaper that contains a defamatory libel, unless he knows that the number or part contains defamatory matter or that defamatory matter is habitually contained in the newspaper.

Selling book containing defamatory libel
304 (1) No person shall be deemed to publish a defamatory libel by reason only that he sells a book, magazine, pamphlet or other thing, other than a newspaper that contains defamatory matter, if, at the time of the sale, he does not know that it contains the defamatory matter.

Marginal note:
Sale by servant
(2) Where a servant, in the course of his employment, sells a book, magazine, pamphlet or other thing, other than a newspaper, the employer shall be deemed not to publish any defamatory matter contained therein unless it is proved that the employer authorized the sale knowing that
(a) defamatory matter was contained therein; or
(b) defamatory matter was habitually contained therein, in the case of a periodical.
R.S., c. C-34, s. 268.

Some observations:

  1. Under 301 defamatory libel is punishable by up to 2 years. However, in Section 300 publishing defamatory libel is punishable by up to 5 years. What exactly is the difference?
  2. Bill C-75 (terrorism and other offences) included provisions to make terrorism eligible to be tried summarily (for lesser punishments). However, mean words is automatically indictable. Seriously?
  3. Obvious question: but in a free society, why would civil infractions be criminalized?
  4. Under Section 298(1) and (2), irony and satire seem to be included.
  5. Under Section 303, newspaper editors are “assumed” to be liable. So much for the presumption of innocence in our criminal “justice” system.
  6. However, when publishing a “book” (under Section 304), the publisher is assumed not to be have known.

3. Defenses To Defamatory Libel

Well, there are some defenses, which is good to know. For example, it’s not a crime if bad things are said in the context of divorce proceedings, or parliamentary or judicial proceedings.

Fair report of public meeting
308 No person shall be deemed to publish a defamatory libel by reason only that he publishes in good faith, in a newspaper, a fair report of the proceedings of any public meeting if
(a) the meeting is lawfully convened for a lawful purpose and is open to the public;
(b) the report is fair and accurate;
(c) the publication of the matter complained of is for the public benefit; and
(d) he does not refuse to publish in a conspicuous place in the newspaper a reasonable explanation or contradiction by the person defamed in respect of the defamatory matter.
R.S., c. C-34, s. 272.

Marginal note:
Public benefit
309 No person shall be deemed to publish a defamatory libel by reason only that he publishes defamatory matter that, on reasonable grounds, he believes is true, and that is relevant to any subject of public interest, the public discussion of which is for the public benefit.
R.S., c. C-34, s. 273.

Marginal note:
Fair comment on public person or work of art
310 No person shall be deemed to publish a defamatory libel by reason only that he publishes fair comments
(a) on the public conduct of a person who takes part in public affairs; or
(b) on a published book or other literary production, or on any composition or work of art or performance publicly exhibited, or on any other communication made to the public on any subject, if the comments are confined to criticism thereof.
R.S., c. C-34, s. 274.

Marginal note:
When truth a defence
311 No person shall be deemed to publish a defamatory libel where he proves that the publication of the defamatory matter in the manner in which it was published was for the public benefit at the time when it was published and that the matter itself was true.
R.S., c. C-34, s. 275.

Marginal note:
Publication invited or necessary
312 No person shall be deemed to publish a defamatory libel by reason only that he publishes defamatory matter
(a) on the invitation or challenge of the person in respect of whom it is published, or
(b) that it is necessary to publish in order to refute defamatory matter published in respect of him by another person,
if he believes that the defamatory matter is true and it is relevant to the invitation, challenge or necessary refutation, as the case may be, and does not in any respect exceed what is reasonably sufficient in the circumstances.
R.S., c. C-34, s. 276.

Marginal note:
Answer to inquiries
313 No person shall be deemed to publish a defamatory libel by reason only that he publishes, in answer to inquiries made to him, defamatory matter relating to a subject-matter in respect of which the person by whom or on whose behalf the inquiries are made has an interest in knowing the truth or who, on reasonable grounds, the person who publishes the defamatory matter believes has such an interest, if
(a) the matter is published, in good faith, for the purpose of giving information in answer to the inquiries;
(b) the person who publishes the defamatory matter believes that it is true;
(c) the defamatory matter is relevant to the inquiries; and
(d) the defamatory matter does not in any respect exceed what is reasonably sufficient in the circumstances.

Good to know that truth is a valid defense. Also, “public benefit” considered to be a defense. But don’t we have something called the Charter of Rights and Freedoms? Aren’t there fundamental freedoms guaranteed to us? Let’s take a look.

But first, let’s look at a silly comparison: what are the punishments for advocating genocide?

4. Canadian Criminal Code

Advocating genocide
318 (1) Every one who advocates or promotes genocide is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Marginal note:
Definition of genocide
(2) In this section, genocide means any of the following acts committed with intent to destroy in whole or in part any identifiable group, namely,
(a) killing members of the group; or
(b) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction.
Marginal note:
Consent
(3) No proceeding for an offence under this section shall be instituted without the consent of the Attorney General

That’s right. Advocating genocide is an indictable offense, punishable by up to 5 years in prison.

Think that through. Insulting people publicly can be treated just as harshly as actually calling for people to be exterminated.

5. Fundamental Freedoms, Canadian Charter

2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.

On the surface, yes, fee speech, belief, expression and opinion are guaranteed. Yet these “defamatory libel” laws are still on the books. So what happens when they collide?

6. Charter V.S. Criminal Code

From the case: R. v. Stevens (1993),

1. Is s. 300 of the Criminal Code of Canada an infringement of freedom of expression as guaranteed under s. 2(b) of the Canadian Charter of Rights and Freedoms?
ANSWER: Yes
2. If s. 300 of the Criminal Code is an infringement of the Charter can it be upheld under s. 1 of the Charter as a reasonable limit prescribed by law and demonstrably justified in a free and democratic society?
ANSWER: Yes
While I have struck down certain portions of ss. 298 and 299 for failing the proportionality test under s. 1, this result has no impact in the present case in view of the findings of fact previously made by this court.
Accordingly, I find Mr. Stevens guilty of the offence under s. 300
of the Criminal Code
as charged.

This Judge rules that yes, it is a violation of the Charter, but a justifiable one under Section 1.

From the case: R. v. Lucas (1998),

[129] In his reasons for sentence ((1995), 1995 CanLII 4081 (SK QB), 132 Sask. R. 71), the trial judge stated “that John David Lucas was the instigator and Johanna Erna Lucas was his follower” (p. 74). This finding raises the possibility that Mrs. Lucas’s knowledge might have derived at least in part from what she was told by Mr. Lucas, and she may therefore have believed that the message was true even though in fact it was not.

[130] In the absence of findings of fact by the trial judge related to subjective knowledge, there is insufficient evidence before this Court to prove beyond a reasonable doubt that Mrs. Lucas knew that the messages on the placard she carried were false. Accordingly, her conviction must be set aside.

[131] Ordinarily, a new trial would be ordered. However, in light of the Crown’s statement that in the circumstances the Crown would not proceed with a new trial, I would direct an acquittal of Mrs. Lucas.

An acquittal here, but only because the person didn’t know the statements weren’t true.

7. Do We Really Have Free Speech?

To a point, yes. However, a free speech absolutist would argue that no, that isn’t free speech.

However, in the world of everyone criticizing everyone, this type of law seems to easy to be abused. One person’s satire and trolling is another person’s hate and defamatory libel.

There are several other cases to go through. But the point here remains:

DEFAMATORY LIBEL laws are still on the books!

There are plenty of “civil” cases for defamation even in recent years. However, “criminal” cases for defamation seem to be a thing of the past. Probably since there are far more important things for police and prosecutors to busy themselves with.

Still, good to know this….

Motion to Strike Challenge to UN Parliament


Check toolbar on right for globalism links (under counter). Also view the MASTERLIST.

All personal court appearances are under “BLOG
Fed Court cases are addressed on right under “Canadian Media”.


QUOTES FROM MOTION TO STRIKE

10. An endorsement to a proposed organization, like the UNPA, or even a decision to participate in the UNPA, is not a decision of a “federal board, commission or other tribunal” within the meaning of sections 2 and 18.1 of the Federal Courts Act. Accordingly, this application must fail.

14. There has been no decision of a federal board, commission or tribunal, therefore, this application is completely without merit. Regardless, Canada’s actions in signing or endorsing an international body do not give rise a decision that can be judicially reviewed.

15. This application bears some similarities to Turp v Canada (Justice).10 In that case, the Applicant filed an application for judicial review of Canada’s decision to withdraw from the Kyoto Protocol. The Federal Court held that in the absence of a Charter challenge, a decision pertaining to such matters is not justiciable.

16. The matter at bar is also distinguishable from Turp. The Government of Canada has taken no action to participate in the proposed UNPA, therefore, there is no decision to judicially review. In Turp there was a decision to withdraw from the Kyoto protocol.

17. Regardless, it is well-established that under the royal prerogative, the conduct of foreign affairs and international relations, including the decision to conclude or withdraw from a treaty, falls exclusively under the executive branch of government

18. In Turp c. Canada, the Federal Trial Court followed the Ontario Court of Appeal’s holding in Black v Canada that the exercise of the prerogative is justiciable only when the subject matter affects the rights or legitimate expectations of an individual.

19. Even if there was a “decision” in this matter, Canada is exercising its prerogative powers under foreign affairs when participating or endorsing any international body like the UNPA.

20. In the Applicant’s material, she enumerates seven grounds for her application:
a) First, that the proposed UNPA violates “Peace Order and Good Government” pursuant to section 91 of the Constitution Act, 1867;
b) Second, that the UNPA violates section 52 of the Constitution Act, 1982;
c) Third, that the UNPA violates sections 91 and 92 of the Constitution Act, 1867;
d) Fourth, that the UNPA requires a constitutional amendment, pursuant to section 38 of the Constitution Act, 1982
e) Fifth, that the UNPA violates section 3 of the Charter;
f) Sixth, that the UNPA violates section 2 of the Charter;
g) Seventh, that the UNPA violates section 35 of the Constitution Act, 1982

21. Although the Applicant has raised several constitutional issues, she has failed to articulate how endorsements of a proposed international body like the UNPA violates any of the ground listed. Likewise, she has failed to articulate how it affects her rights.

22. The UNPA does not affect the Applicant’s rights or legitimate expectations because it has no legal personhood, domestically or internationally, and therefore has no ability to affect the Applicant. The application is both premature and meritless.

23. In summary, there are obvious and fatal flaws with this application. Canada therefore requests that the application be dismissed on the basis that the application is so clearly improper as to be bereft of any possibility of success.

A number of problems cited:

  1. Application for Judicial Review is wrong format
  2. Endorsements are not sufficient
  3. Matter brought to court prematurely
  4. “Prerogative Power” allows such a “treaty”
  5. Court has no basis to interfere

Admittedly, a lot to take on. But a response is coming.

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