Category: Constitutional

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Supreme Court Will Hear Woman Arrested for Not Holding Handrail

(Bela Kosoian, taking legal action to S.C.C.)

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The Supreme Court of Canada has agreed to hear Bela Kosoian, a woman detained in Laval, Quebec, for refusing to hold a hand rail.

(1) Backstory of the Case
This is a a bizarre story, starting in 2009, of a woman in a Laval, QC, subway station, refused instructions from transit officers to hold a handrail while on an escalator.

When transit officers attempted to write her a ticket for the refusal to obey, she refused to identify herself. Identity is rather important in enforcing tickets. This led to her being detained for about a half hour, after which point she did reveal her name.

Kosoian was issued 2 tickets from that incident, one for $100, and one for $320. She contested both, and they were eventually thrown out.

Since then, she has taken legal action against the city, the STM, and a staff member. After a series of legal twists, it will now be heard by the Supreme Court of Canada.

(2) Quebec Court of Justice — Trial Court
Kosoian took legal action against: (a) the City of Laval; (b) Fabio Camacho — one of the officers; and (c) the Transportation Company of Montreal — aka the STM. She sought $24,000 for moral damages, pain, suffering, inconvenience and exemplary damages, and another $45,000 for moral and punitive damages for the fault committed by its agent.

Kosoian submitted a VERY LENGTHY list and description of physical and psychological trauma suffered as a resukt of being detained for about half an hour. On the surface, it seems like malingering.

Section 49 of the Canadian Charter was invoked, which states:

CHAPTER V
SPECIAL AND INTERPRETATIVE PROVISIONS

49. Any unlawful interference with any right or freedom recognized by this Charter entitles the victim to obtain the cessation of such interference and compensation for the moral or material prejudice resulting therefrom.
In case of unlawful and intentional interference, the tribunal may, in addition, condemn the person guilty of it to punitive damages.

For it’s part, the STM Referenced By-Law R-036

” BY-LAW R-036

“REGULATIONS RESPECTING THE SAFETY AND BEHAVIOR STANDARDS OF PERSONS IN ROAD EQUIPMENT AND BUILDINGS OPERATED BY OR FOR THE MONTREAL TRANSPORTATION CORPORATION”

[…]

SECTION III – GENERAL PROVISIONS

3. Subject to the law and regulations, any person has the right to use the public transportation system of the Company in comfort and safety.

Subsection I – Citizenship

4. In or on a building or rolling stock, no person shall

(a) impede or hinder the free movement of persons, including standing still, lurking, strolling, laying down or carrying a bag, container or other object;

(b) endanger the safety of persons or rolling stock, in particular by depositing or carrying a bag, container or other object;

[…]

e) to disobey a directive or pictogram posted by the Society;

[…]

h) to delay or interfere with the work of a servant of the Corporation; “

But according to the STM staff, it is not the potential safety infraction that led to Bela Kosoian being arrested. Rather, it was her refusal to identity herself when being written a ticket.

In August 2015, a Quebec Court rejected the claim. It stated that the officers acted reasonably, and that the situation was largely self-inflicted

(3) Motion for Leave, Quebec Court of Appeal
Kosoian sought leave to go to the Quebec Court of Appeal.

On December 2015, in an extremely brief ruling, the Quebec Court of Appeal allowed the appeal to proceed, dismissing a motion from the Respondents.

(4) Appeal, Quebec Court of Appeal
In a 2-1 split decision, Kosoian lost her appeal at the Quebec Court of Appeals. 2 Justices ruled that the STM and its staff had acted reasonably. In dissent, the other Justice says he would have set aside the Trial ruling, and ordered $15,000 in damages.

[ 1 ] The appellant appeals against a judgment rendered on August 11, 2015, by the Court of Quebec, District of Laval (the Honorable Denis Le Reste), dismissing the appellant’s motion to institute damages for damages .
[ 2 ] For the reasons of Dutil and Vauclair JJ., THE COURT :
[ 3 ] REJECTS the appeal with court costs.
[ 4 ] For other reasons, Schrager JA would have allowed the appeal, set aside the judgment at trial, granted the motion to institute proceedings, ordered the respondents, jointly and severally, to pay the appellant the sum of 15,000 $ with interest and the additional indemnity since the summons at first instance, as well as legal costs at first instance and on appeal, and stated that between the respondents, the Montreal Transit Corporation will have to assume the entire conviction.

(5) Supreme Court of Canada
This leads things to where they are today. Once again, the Supreme Court granting leave to appeal just now.

The motion for an extension of time and the application for leave to appeal is granted. The application for leave to appeal to the judgment of theCourt of Appeal of Quebec (Montreal), Number 500-09-025644-154, 2017 QCCA 1919 (CanLII) , date December 5, 2017, is awarded with costs in the case. The schedule for serving and filing materials will be set by the Registrar .

An interesting split so far in the courts. In Kosoian’s favour:
-Supreme Court of Canada, leave to appeal
-Quebec Court of appeal, dissenting opinion
-Quebec Court of Appeal, motion for leave

And against Kosoian:
-Quebec Court of Appeal, majority opinion
-Quebec Trial Court
-Laval ruling which dismissed the original tickets.

Personally, I see blame on both sides here. While ticketing her for refusing to hold a handrail does seem excessive, the escalation of the problems resulted from Kosoian herself. She did refuse to identify herself when being ticketed, which for the STM was a legitimate demand. Also, her claims of emotional and psychological damages seem grossly exaggerated, and manipulated to seek a huge damages amount.

The Supreme Court Appeal Panel will now decide the case.

Posted on

CNN Sues White House Over Banned ”Journalist” Jim Acosta

(CNN announces legal action, after correspondent Jim Acosta banned)

CNN’s White House Correspondent, Jim Acosta had his press access to the White House revoked on November 8th. Now his network, CNN, is suing President Donald Trump and several aides.

However, Acosta is arguably not a journalist, but an activist. People are supposed to be there to cover the news and the White House, not to be antagonistic and grandstand. Here are some examples:

(Jim Acosta compilation)

(Acosta, on August 2, 2017)

(Acosta, July 1, 2018)

(Acosta, on October 29, 2018)

(November 6, 2018, which was Acosta’s last day)

The lawsuit claims that by revoking Acosta’s media access, his 1st and 5th Amendments (freedom of the press, and due process), were violated.

Here is the 1st Amendment:

Freedom of Religion, Speech, and the Press

Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances.

Here is the 5th Amendment:

Protection of Rights to Life, Liberty, and Property

No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.

CNN released the full text of the lawsuit, shown here. But let’s go through some of the more interesting sections. (Quotes in bold, comments in italics)

2. But on November 7, 2018, Defendants revoked Acosta’s White House credentials because, in the President’s own words, Acosta failed to “treat the White House with respect” at a White House press briefing.

Except if you watch that November 6 video, he wasn’t being respectful. He was being antagonistic.

4. And the revocation of Acosta’s credentials is only the beginning; as the President explained, there “could be others also” who get their credentials revoked.

The slippery-slope argument except it is unwarranted here. There aren’t other journalists in the press core who act the way Acosta does. Blatant fearmongering.

5. The Framers of our Constitution embraced a “profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials.” N.Y. Times v. Sullivan, 376 U.S. 254, 270 (1964). The President lacks the authority to quash “[t]he sort of robust political debate encouraged by the First Amendment”— debate that is “bound to produce speech that is critical of those who hold public office.” Hustler Magazine, Inc. v. Falwell, 485 U.S. 46, 51 (1988). That is why the D.C. Circuit has been clear that “the protection afforded newsgathering under the first amendment guarantee of freedom of the press requires that . . . access [to White House press facilities] not be denied arbitrarily or for less than compelling reasons.” Sherrill v. Knight, 569 F.2d 124, 129 (D.C. Cir. 1977). And “notice . . . of the factual bases for denial [of access to White House press facilities] with an opportunity to rebut is a minimum prerequisite for ensuring that the denial is . . . [not] based onarbitrary or less than compelling reasons.” Id. at 131.

This conflates a number of things: First, the press is there to cover the White House, not to DEBATE. Second, the 1st Amendment is to enshrine public talks and even unpleasant sharp attacks, but it doesn’t say that public figures MUST engage with you. Third, given Acosta’s frequent behaviour, it would be easy to rebut ”arbitrary or less than compelling reasons quite easily. Fourth, the 1st Amendment doesn’t guarantee access to the White House.

Jim Acosta seems to want a blank cheque to confront and badger White House staff at will.

27. The President dislikes CNN’s and Acosta’s coverage of him and his administration, and has made that clear since before he took office. At a news conference on January 11, 2017, for example, then-President-elect Trump told Acosta, “your organization is terrible.” Acosta responded: “You’re attacking us. Can you give us a question?” The President replied: “Don’t be rude. No, I’m not going to give you a question . . . . You are fake news.”

While these claims are true, Acosta’s frequent behaviour does make it clear he is there to agitate, rather than report on the news. But since CNN raised the issue of the 1st Amendment, would this not be going against TRUMP’S right to free speech?

33. Speaking through a hand-held microphone, as did all the White House journalists who asked questions, Acosta asked a question about one of President Trump’s statements during the midterm campaign—namely, whether a caravan making its way to the United States from Central America constitutes “an invasion” of the country, a significant feature of the President’s messaging during the just-ended campaign. The President declined to respond, instead remarking: “You know what? I think you should . . . I think you should let me run the country. You run CNN. And if you did it well, your ratings would be much better.”

  1. When Acosta attempted to ask a follow-up question, President Trump refused to take it. A White House staffer then approached Acosta and attempted to grab the microphone. The staffer reached all the way across Acosta’s body, successfully latched onto the microphone, and physically attempted to remove it from Acosta’s right hand. Acosta held onto the microphone, stated “Pardon me, ma’am,” and continued to ask his question.

This is a distortion of the truth. Acosta attempted to ask several questions, and was argumentative the entire time. Footage available refutes these assertions.

39. Hours after the press conference concluded, Press Secretary Sanders issued an official statement announcing that “the White House is suspending the hard pass of [Acosta] until further notice.” The Press Secretary accused Acosta of “placing his hands” on the White House staffer who attempted to take the microphone from Acosta during the press conference. The Press Secretary added that the alleged conduct “is absolutely unacceptable” and stated “[w]e will not tolerate this inappropriate behavior.” The White House’s statement indicated that this alleged “incident” was the basis of its decision to revoke Acosta’s credentials.

Whether this was deliberate or not is up for debate in the video. However, it was clear that Acosta was making a nuisance of himself.

FIRST AMENDMENT ARGUMENT

57. Defendants have deprived Plaintiffs of their right to access the White House grounds by revoking Acosta’s White House credentials. Without those credentials, Acosta cannot access the White House and cannot effectively serve as a White House correspondent, thus depriving Plaintiff CNN of its chief White House correspondent.

CNN is not prohibited from covering White House press briefings, only Acosta is. Do they not have anyone else on staff who could do it?

59. Defendants’ justifications for impeding Plaintiffs’ First Amendment rights are hollow and hardly sufficiently compelling to justify the indefinite revocation of Acosta’s White House credentials. Consequently, the only reasonable inference from Defendants’ conduct is that they have revoked Acosta’s credentials as a form of content- and viewpoint-based discrimination and in retaliation for Plaintiffs’ exercise of protected First Amendment activity.

Except Acosta wasn’t banned for his views. He was banned for regularly disturbing press conferences.

FIFTH AMENDMENT ARGUMENT

65. Acosta received no direct notice from the White House that his credentials had been revoked, let alone any notice prior to the revocation. Instead, the White House announced the revocation itself via Twitter after Defendants already decided to effectively ban Acosta from the White House grounds.

  1. Defendants did not provide Plaintiffs a written explanation, nor any explanation at all, before revoking Acosta’s press credentials. The only written explanation was a short statement posted on Twitter that Acosta was suspended because he “plac[ed] his hands” on a White House staffer. Even if this tweet were accurate—and it is not, as the reportedly doctored video Defendant Sanders posted would later show—it would not suffice to demonstrate prior notice of the revocation.

Okay, giving him notice would have been courteous, but is not grounds for suing. Nor is oral notification over written notification

Some Thoughts
While many media heads are supporting Acosta’s reinstatement, I believe this claim to be completely bogus.

(1) Acosta has been repeatedly rude and antagonistic to the White House staff. He is clearly being an activist, not a journalist. This is seen again and again on tape. No one else behaves this way, and it is surprising that his behaviour has been tolerated for so long.

(2) Acosta is not banned or restricted from exercising free speech at home or in public. He is just not allowed into White House briefings

(3) CNN is not banned from covering the White House. They just need a new correspondent.

(4) Not being given notice is rude, but not a constitutional violation.

The judgement is expected any day, and a followup will be provided.

Update to the Story
On Friday, November 16, a DC Judge ordered the press credentials to be temporarily returned to Jim Acosta while the matter is formally resolved. Personally, this was a surprise.

From CNN’s reporting on the story:

Trump said the same thing during a Q&A with reporters in the Oval Office.

“People have to behave,” he said, when asked about the administration’s defeat in court.
“If they,” meaning reporters like Acosta, “don’t listen to the rules and regulations, we’ll end up back in court and we’ll win. But more importantly, we’ll just leave,” meaning, stop taking questions from the press. “And then you won’t be very happy. Because we do get good ratings.”

While Acosta seems to be allowed back in, there is nothing to stop the White House from: (a) simply refusing to call on Acosta; (b) cancelling press conferences; or (c) throwing Acosta out for the day.

Posted on

Antifa Mob Stalks Tucker Carlson’s Family

(Antifa outside the Carlson residence)

(Follow-up telephone interview with Tucker Carlson)

Tucker Carlson hosts a talk show on FOX, and is willing to give crazies like Mike Isaacson, and Yvette Felarca a fair hearing.

However, Antifa (short for “Anti-Fascist”, or “Anti-First-Amendment” as detractors claim), have decided that stalking his family is way to get him to shut up. See the video at the top.

Antifa is a left leaning quasi-Communist group that claims to “oppose Fascism”. They claim that “limited violence” is necessary to prevent the rise of right wing extremism, and to prevent the eradication of certain marginalized groups.

But in practice, they commit acts of violence against people they disagree with: (1) white nationalists, even non-violent ones; (2) right wing public figures; and (3) moderates whom they disagree with. It also doesn’t stop them from assaulting innocent bystanders and at times journalists. A quick YouTube search will find countless examples of Antifa violence.

However, there are idiots, even in the media, such as CNN’s Chris Cuomo, who defend Antifa as “fighting hate”, and not the same “morally” as right wing bigots.

This is appalling, and cowardly. Threatening and harassing a person to silence their views, in particular a journalist is chilling. Worse still, is using their family as collateral damage. Here are a few items worth mentioning:

1st Amendment of U.S. Constitution

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

How the F.B.I. Defines Domestic Terrorism.
Domestic terrorism: Perpetrated by individuals and/or groups inspired by or associated with primarily U.S.-based movements that espouse extremist ideologies of a political, religious, social, racial, or environmental nature.
–for example, the June 8, 2014 Las Vegas shooting, during which two police officers inside a restaurant were killed in an ambush-style attack, which was committed by a married couple who held anti-government views and who intended to use the shooting to start a revolution.

Efforts have been made to formally classify Antifa as a terrorist organization. While there are ongoing challenges, Antifa currently is designated as one.

But these fundamental rights are also enshrined elsewhere:

Section 2 of Canadian Charter of Rights and Freedoms

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.

How the Canadian Criminal Code Defines Terrorism
In Canada, section 83.01 of the Criminal Code[1] defines terrorism as an act committed “in whole or in part for a political, religious or ideological purpose, objective or cause” with the intention of intimidating the public “…with regard to its security, including its economic security, or compelling a person, a government or a domestic or an international organization to do or to refrain from doing any act.” Activities recognized as criminal within this context include death and bodily harm with the use of violence; endangering a person’s life; risks posed to the health and safety of the public; significant property damage;

There are similar guarantees and rules in nations throughout the Western world.

Although with the expansion of “hate speech” regulations, free speech rights are being curtailed. But that is an article for another day.

As for the Tucker Carlson story, it sends chills at least in part because he is a fairly moderate voice in American television. While right leaning, he openly rejects racism, and arguments twisted as racism. He calls out guests for strawman arguments, and guests who do espouse openly racist views.

Tucker is both loved on the right, and despised on the left. This is for the same reason: he calls out divisive identity politics, and hypocrisy which comes from the SJW/NPC crowd.

Sadly, this obnoxious ”journalist” got far more attention than Tucker Carlson. Domestic terrorism is a much more serious matter.

Hopefully the masked cowards who stalked Carlson’s family are identified and arrested. Silencing media opinions they don’t agree with is ”fascism”, but the irony seems lost on Antifa.

Posted on

Privacy Commissioner, Banks, Throw StatsCan Under the Bus

(The issue of bank data being seized is raised in Parliament)

This article was released by Global News on October 26, 2018, and CanuckLaw covered it here on October 28. In short, Statistics Canada wants to seize the banking information of 500,000 Canadians (each year), and do it without the knowledge or consent of Canadians.

(at 1:40 in the video) Statistics Canada representative James Tabreke in a very blunt way claims that this is a ”new way of getting economic data to make government decisions”. He also claims that StatsCan is being open with the public, and that the Canadian Banks were aware of this.

(at 2:32 in the video) Claim that the Privacy Commissioner has okayed the project.

Prime Minister Trudeau, in his typically partisan manner, defended the data seizure. Of course blamed Stephen Harper for eliminating the long form census in 2010. He claimed StatsCan was working closely with the Privacy Commissioner.

Now the lies get exposed:
First, Trudeau is distorting the truth with reference to Harper gutting the long-form census. In the original video, Statistics Canada claimed bank seizure was a move done to replace the long form census. So Harper cancelling the LFC in 2010 was actually irrelevant, as StatsCan was going to pull this stunt anyway.

Second, StatsCan claims that they have been open with what they are doing. Yet, these talks have been going on for a year now without the public’s knowledge.

Third, the C.B.A. (Canadian Bankers Association) has publicly objected, claiming they thought StatsCan was just in an exploratory stage. C.B.A. says they didn’t know StatsCan was going ahead with this, and says they will oppose the measure. Here is their statement:

Statement from the Canadian Bankers Association

Protecting the information privacy of their valued customers is a top priority for banks in Canada. Banks believed this proposed data acquisition project was still in the exploratory stages and were not aware that Statistics Canada was moving to compel disclosure of this information. No customer transaction data or other personal information has been transferred to Statistics Canada under this request. The CBA is working with members to understand the nature of this request and next steps.

Fourth, the Privacy Commissioner, seen here appearing before the Senate Committee on Banking, Trade and Commerce, refutes the claim that he ”okayed the move”. Instead, he stated that he does not have the authority to approve such a thing, and is only able to provide general advice on privacy laws.

Fifth, the Privacy Commissioner claims he was unaware until very recently that Statistics Canada that they wanted to do this to 500,000 Canadians. He says numbers were not discussed. In the hearing he states, ”Proportionality is very important.”

Sixth, the Privacy Commissioner states he was unaware or just how much information would be seized by such a move.

Seventh, the Privacy Commissioner admits that StatsCan was not nearly as transparent as it could have been.

Eighth, and this is a glaring omission: StatsCan doesn’t say how this massive intrusion would actually help. There are just vague references to ”economic information”.

Certainly, that 15 years of credit card data had recently been seized also doesn’t sit well with many Canadians.

Now that formal complaints against this measure have been filed with the Privacy Commissioner, there is no longer the option of just giving general legal information. At this point, an investigation is mandated by law.

The proposal appears to be dead in the water, as public outrage and the threats of legal action are forcing StatsCan to back off. But it will be interesting to see if the Federal Liberals continue to support this Orwellian measure.

Note:
Statistics Canada, Equifax, Transunion, the C.B.A., and the major banks have all been contacted by CanuckLaw for comment. Any responses will be posted here as updates.

Canadian Banker’s Association rep Aaron Boles
Thanks, Alex.

The most important take-away from yesterday is that StatsCan is suspending any movement on its proposed project until the Office of the Privacy Commissioner has completed its report, which we understand will be January at the earliest. We were firm in our appearance before the Senate Committee that all options are on the table in terms of defending the privacy and security of bank customers’ personal information and transaction records. Until the OPC report is tabled and StatsCan responds about what it proposes to do thereafter, there’s little point in speculating on how information on spending habits would be collected, if at all.

Best,

AEB

From RBC
Hi Alex – please refer to the CBA for comment on this.

Best,
AJ

AJ Goodman I Director, External Communications, Personal & Commercial Banking I

From TD Canada
Hi Alex,

We refer your inquiry to the CBA, however can tell you that TD takes the trust our customers place in us extremely seriously and has not agreed to share customer data.

Thanks,

Alison

From Statistics Canada
Hello,

“I can assure you that we will not proceed with this project until we have addressed the privacy concerns expressed by Canadians by working cooperatively with the Privacy Commissioner and with financial institutions.”

Anil Arora, Chief Statistician of Canada (Standing Senate Committee on Banking, Trade and Commerce, November 8, 2018)

Thank you,

Laurence Beaudoin-Corriveau

Manager (Acting), Media Relations, Communications
Statistics Canada, Government of Canada

laurence.beaudoin-corriveau@canada.ca / Tel: 613-951-2599

From Equifax
Hello Alex.

In our database, Equifax Canada has information on ~27M Canadian consumers, which we maintain as a registered Canadian credit bureau in accordance with applicable credit reporting and privacy laws. Statistics Canada has never directed Equifax Canada to provide them with, and subsequently, Equifax Canada has not provided to Statistics Canada all of its data pursuant to its enabling legislation.

In any instance where a regulated body relying on legislative authority requests information from Equifax, our standard process is to conduct a review against our internal data governance and security processes, as well as to consider applicable law prior to disclosure.

We don’t have any information on the rumour you mentioned about credit data from 15 years ago.

Media Relations | Equifax Canada Co.

5700 Yonge St., Suite 1700, Toronto, Ontario, Canada M2M 4K2

Posted on

Canada Should Leave The U.N. Entirely

(The U.S. leaving the UN Human Rights Council. The violators are part of the council)

(The Hungarian Foreign Minister defending “legal-only” migration)

CLICK HERE, for the main page of the United Nations (in English).

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. Reasons To Dump The UN

The main argument here is that Canada would be MUCH better off as a country if we left the United Nations, permanently. No deals, no special arrangements, no reform, just leave forever.

For the political junkies, take this to heart: traditional arguments of “left v.s. right” are no longer relevant. The choice we must face is the “globalist v.s. nationalist” one. Is Canada a sovereign nation, one that determines its own future, or is it a U.N. colony or puppet state? If Canada is to be a free and independent nation, then the U.N. is the last thing we need. Here are several reasons, each to be explored.

(1) The U.N. Articles are incompatible with free and sovereign nations.
(2) The U.N. destroys borders through political means.
(3) The U.N. destroys borders through direct means.
(4) The U.N. destroys national sovereignty
(5) The U.N. erodes individual cultures and societies.
(6) The U.N. has become a money pit, with the climate change scam
(7) The U.N. funds do not go where they are supposed to
(8) The U.N. “councils” are beyond hypocritical.
(9) The U.N. would just be a bigger version of the E.U.

Of course, this list could be much, MUCH longer. However, the point is to demonstrate that the U.N. is a globalist institution, and that it has no respect for individual nations.

(1) The U.N. Articles are incompatible with free and sovereign nations.

Click here, for the full text, but here are some worth noting:

Article 8
The United Nations shall place no restrictions on the eligibility of men and women to participate in any capacity and under conditions of equality in its principal and subsidiary organs.

This is a bit amusing, since many of its members do not believe in women’s rights.

Article 19
A Member of the United Nations which is in arrears in the payment of its financial contributions to the Organization shall have no vote in the General Assembly if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. The General Assembly may, nevertheless, permit such a Member to vote if it is satisfied that the failure to pay is due to conditions beyond the control of the Member.

No money, no vote. Sort of a pay-to-play system.

Article 24
In order to ensure prompt and effective action by the United Nations, its Members confer on the Security Council primary responsibility for the maintenance of international peace and security, and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf.
In discharging these duties the Security Council shall act in accordance with the Purposes and Principles of the United Nations. The specific powers granted to the Security Council for the discharge of these duties are laid down in Chapters VI, VII, VIII, and XII.
The Security Council shall submit annual and, when necessary, special reports to the General Assembly for its consideration.

Article 25
The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter.

So, if 8 nations got together, they could override the nation’s sovereignty. Great idea.

Article 32
Any Member of the United Nations which is not a member of the Security Council or any state which is not a Member of the United Nations, if it is a party to a dispute under consideration by the Security Council, shall be invited to participate, without vote, in the discussion relating to the dispute. The Security Council shall lay down such conditions as it deems just for the participation of a state which is not a Member of the United Nations.

Yes, no joke, you won’t even get a vote if you are not on the council.

Article 41
The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.

Article 42
Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations

If this weren’t the United Nations doing this, it would seem an awful lot like the mafia. There are more clauses, but the point here has been made. Signing on with the U.N. means losing control of your country.

(2) The U.N. destroys borders through political means.
This was addressed in an earlier article. The U.N. does try to push mass immigration (a.k.a. “open borders”) on the rest of the world. The latest effort is the global compact for migration, which would effectively give the U.N. control over the host countries’ borders.

Interestingly, the U.N. site has both a: compact for migration and a compact on refugees. However, the U.N. seems hell bent on pushing migrants.

(3) The U.N. destroys borders through direct means.
It is not enough for the U.N. to destroy borders with political means. The agency also directly aids and abets others, such as the Honduran migrant caravan. The U.N. openly admits helping to help thousands of economic migrants “illegally” get into the U.S.

And they admit it here.

“IOM maintains its position that the human rights and basic needs of all migrants must be respected, regardless of their migratory status,” said Christopher Gascon, UN Migration’s Chief of Mission in Mexico.

In other words, we don’t care if they are illegal economic migrants. How is this not human smuggling? Further, the U.N. has been known to help flood Europe with more than 1 million “refugees” since 2015.

(4) The U.N. destroys national sovereignty
Too many examples to cite, but here are a few from the U.N. website.

(a) If you think Trudeau is bad, gender neutral language is a serious thing here.

(b) The U.N. is big on stopping terrorism, but its efforts are seriously called into question considering how much it pushes migration.

(c) The Human Rights Council has ruled that the French burka ban is a human rights violation. Interestingly, the Council doesn’t mention that being forced to wear it is a human right, or the security risk it poses is an issue.

(d) Of course, it wouldn’t be complete without gender quotas.

(e) Here is some Trudeau style concern for ISIS terrorists.

(5) The U.N. erodes individual cultures and societies.

The U.N pages make many references to respecting religion and culture, particularly on the migration pages. Funny, they never mention assimilation

Throughout its many sections on migration, the U.N. talks about how religions and cultures need to be respected, but notably absent is any expectation to respect the host country. Acceptance has to be a 2-way street.

(6) The U.N. has become a money pit, with the climate change scam
This was covered in a another article. The short story is that the U.N. is knowingly pushing a bogus climate change narrative, in order to extract large amounts of money, for “polluting” with carbon dioxide.

(7) The U.N. funds do not go where they are supposed to
There are many examples, but an infamous one was the oil for food program imposed on Iraq after the 1991 invasion of Kuwait. Under the scheme, Iraq could keep exporting oil, and the proceeds were supposed to help the citizenry. However, the program served largely to enrich Saddam Hussein and his family, while leaving the population in poor conditions.

(8) The U.N. “councils” are beyond hypocritical.
This was alluded to in the video at the start.
Members with the worst human rights records are part of the Human Rights Council. See here for the 2018 list. The list includes: Afghanistan, Indonesia, Iraq, Libya, Nigeria, Pakistan, Sri Lanka, U.A.E., and others

The U.N. Status of Women Council is just as big a joke. Their membership, elected for 4 year terms, includes: Algeria, Congo, Kenya, Iraq, Iran, Qatar, Saudi Arabia, and others.

The Human Rights Council is filled with member states who don’t believe in human rights. The Status of Women Council is filled with member states who don’t believe women should have equal right. Kind of flies in the face of the U.N.’s own declarations.

(9) The U.N. would just be a bigger version of the E.U.
Where to start here. The E.U. triggered Article 7 of the Lisbon Treaty against both Hungary and Poland for rejecting “migrant quotas”, which would strip them of their voting rights. Yes, Poland and Hungary might lose voting rights for daring to say that “they” will choose who lives in their own countries.

Italy has had its budget blocked by the EU. Yes, the democratically elected government needs to get approval of their own budget. Brexit was a rejection of E.U. controls, and Nigel Farage addresses it well.

While there are too many examples to cite, the point with #9, is that the European Union effectively destroys the sovereignty of the European States. The U.N. would just be a global example of the same problem.

3. Does The UN Serve Any Purpose?

I would argue, yes, to a point. However, we need to be concerned with our borders, and the sovereignty of our national policies. Becoming a province of the U.N. will only destroy Canada, as will flooding our borders with migrants (the U.N. doesn’t pretend they are refugees at times).

As for worthwhile causes, it would be better to decide for ourselves on a case by case basis whether to add any funding, or to send any personnel.

The battle for Canada will not be Left v. Right, or of Liberal v. Conservative, or of Poor v. Rich. It will be of Globalism v. Nationalism. As such, Canada should get the heck out of the U.N.

Canada for Canadians.

Posted on

TSCE #2: ”Migrant Caravan” Lawyers Sue For Right to Legally Invade U.S.

(Well organized and well funded economic migrants planning to invade the U.S. en masse. Original videos are here and here.)

1. Trafficking, Smuggling, Child Exploitation

CLICK HERE, for TSCE #1: series intro and other listings.

2. The Court Challenge

Liberals tend to deflect legitimate questions as ”language”
Liberals and open-border globalists do this regularly. When asked direct questions they usually deflect rather than give direct answers. They don’t challenge the facts, but rather play word games, calling it ”fearful and divisive language”.

Now, to the obvious. These are not refugees at all. They are economic migrants, who are well organized, trying to get into the U.S. This is an invasion, one that has clearly been thought through. As you can see in the videos, they have supplies waiting for them at the end of each day, and for ”refugees”, they look like they have have a good life.

Just when the story couldn’t get more absurd, thehill.com released this article, showing that a lawsuit had actually been filed on behalf of the so-called refugees. Being a class action lawsuit, it opens the door for many more plaintiffs. We will go through the main points.

For this to make any sense, at least 5 completely wrong assertions must be correct:

(1) That everyone in the world has the right to come to the United States and claim asylum. Not to the first safe country available, but to the U.S. specifically.

(2) That the protections of U.S. law, such as the 5th amendment apply to everyone, everywhere. You don’t have to be a citizen, or legal resident, or even on U.S. soil.

(3) That obviously fraudulent claims for asylum must be taken seriously.

(4) That so-called ”refugees” can send their kids ahead and demand the U.S. provide for them. Or even more generally that the U.S. must financially provide for anyone who enters.

(5) That the U.S. does not have the right to have sovereign borders, regardless of security threats.

As an aside, it cannot be overstated that the overwhelming majority are not refugees. Many openly admit they are coming for a better life, and better employment prospects. Further, given the amount of support they have on the journey, and a legal team filing suit in the U.S., the claims are absurd.

3. Claim: Anyone Can Enter U.S.

Lawyers for the invading economic migrants submit that:

Trump’s professed and enacted policy towards thousands of caravanners seeking asylum in the United States is shockingly unconstitutional. President Trump continues to abuse the law, including constitutional rights, to deter Central Americans from exercising their lawful right to seek asylum in the United States, and the fact that innocent children are involved matters none to President Trump.

See the U.S./Canadian safe country agreement as an example. Refugees are expected to apply for asylum in the first safe country they reach.

This ”caravan” originated in Honduras. The migrants then travelled through Guatemala, making it the country they should have filed for asylum in. But they never did. They then forced their way into Mexico, which would be the second country they arrived in. Mexico in fact offered asylum and work permits, but the offer was rejected.

This group is not seeking a safe country. They are ”shopping” for a richer one, one with more handouts and benefits. They are not refugees, but economic migrants.

As an aside, the same thing is happening in Canada. Our ”Paper Canadian” and FGM apologist of an Immigration Minister, gets offended when people point out that ”refugees” from the U.S. are just economic migrants.

4. Claim: 5th Amendment Applies

Lawyers for the invading economic migrants submit that:

This case arises under the Fifth Amendment to the United States Constitution, the Administrative Procedures Act (APA), and the Declaratory Judgment Act,
inter alia
.
. The court has subject matter jurisdiction under 28 U.S.C. § 1331. 7. Personal Jurisdiction is proper because Defendants transact business in this District and thus are subject to personal jurisdiction in this Court.
Case 1:18-cv-02534 Document 1 Filed 11/01/18 Page 7 of 32
VENUE
8. Venue is proper under 28 U.S.C. § 1391 because at least one of the Defendants is subject to personal jurisdiction in this district with regards to this action.

Information on the 5th Amendment is given here, but in laymen’s terms, it provides many legal protections to people.

But here, the lawyers claim that the group, who isn’t even on U.S. soil. It says that they ”transact business” and at least ”one person is subject to personal jurisdiction.” This is incredibly vague, and again, being a class action suit allows for many more plaintiffs to join in.

The U.S. Constitution is meant to provide legal protection to people inside the U.S., preferably there legally. But this argument suggests that anyone wanting to go to the U.S. should get the same protections.

5. Claim: Must Take All Seriously

Lawyers for the invading economic migrants submit that:

Immigrants who indicate an intention to apply for asylum or indicates a fear of persecution must be referred for a “credible fear interview”:
.
If an immigration officer determines that an alien (other than an alien described in subparagraph (F)) who is arriving in the United States or is described in clause (iii) is inadmissible under section 1182(a)(6)(C) or 1182(a)(7) of this title and the alien indicates either an intention to apply for asylum under section 1158 of this title or a fear of persecution, the officer shall refer the alien for an interview by an asylum officer under subparagraph (B). 8 U.S.C. § 1225 (b)(1)(A)(ii).
.
Following a credible fear interview, if an asylum officer determines that an asylum seeker has a “credible fear of persecution,” then there is a significant possibility that the asylum seeker will be granted asylum

Many videos of these ”refugees” are available on YouTube. They openly admit that they are going to the United States for economic reasons, such as work and social services. Not having a job, or poor living conditions are not valid grounds for claiming asylum.

Interesting to note: If all these migrants were going to the U.S. for a better life, doesn’t it refute this claim, that so-called refugees coming to Canada from New York or Minnesota are doing so fraudulently?

6. Claim: U.S. Is Obligated To Pay For The Children Of The Invaders

Lawyers for the invading economic migrants submit that:

The care and custody of minors in Immigration Custody is controlled by the Flores Agreement, a copy of which is attached hereto as Exhibit 1. That agreement applies to all minors, including those who are taken into custody with their parents. Flores v. Lynch, 828 F.3d 898 (9th Cir. 2016). That agreement provides that minors must be held in facilities run by licensed programs and that are “safe and sanitary and are consistent with [Defendants’] concern for the particular vulnerability of minors.” Ex. 1, ¶¶ 12.A, 14. These facilities must “provide access to toilets and sinks, drinking water … adequate temperature control and ventilation adequate supervision to protect minors from others, and contact with family.”

While the Flores Agreement does set out certain conditions to be met, it seems that the invading migrants are taking full advantage of it. Arguably the children are being used as weapons, as ways for arm twisting to get more benefits. The adults will of course, demand to be locked up with their children.

The Flores Agreement was never meant to be used as a tool to facilitate mass illegal immigration, but that is exactly what the lawyers are trying to do.

7. Claim: U.S. Has No Border Rights

Lawyers for the invading economic migrants submit that:

On top of the above, Trump has repeatedly professed that the caravan people will not get into this county, and just as significant, Trump has taken meaningful steps to ensure the world that this is his policy position/initiative, meaningful steps such as deploying thousands of active military troops to the border, waiting on caravan persons to arrive. The legal problem with Trump’s plan to stop caravan persons from entering this country is that Plaintiffs are seeking asylum, and Trump simply cannot stop them from legally doing so by using military, or anyone.

Interesting claim. The U.S. apparently has no right to defend its own border by this logic. Anyone can come into the country. Anyone can take children and demand free food and accomodation. And it doesn’t matter how many people come, and if it completely overwhelms the immigration system. The rights of America to defend itself don’t seem to matter.

8. How Does This Play Out?

Unclear, at least to me. The lawsuit seems bogus on its face, makes bizarre claims, and is openly contradicted by the ”refugees” themselves.

The invaders’ lawyers repeatedly conflate laws meant to protect people inside the U.S. with those wanting to enter the U.S.

One additional detail, the suit seems to want to cover anyone who will attempt to cross at a later date:

Plaintiffs seek to represent the following class:
All persons (1) who are Mexican, Central American, or South American citizens (2) who are travelling to the United States or have attempted entry into the United States, whether at a designated port of entry or not, since October 31, 2018, and (3) who are seeking asylum or intending to seek asylum within the United States

To be clear, not only will this not be the last ”caravan” to try to enter the U.S., but at least 2 more are up already.

Trump’s best move would be to send as many troops to the border as needed and repel this invasion at all costs. Open fire if need be.

Update to the Story:
By it’s own admission, the United Nations is actually helping the “caravan”. In essence, it is helping the economic migrants INVADE the United States.

The United Nations Migration Agency, IOM, is providing support and assistance to migrants crossing Central America in several self-styled caravans, while expressing concern over “the stress and demands” they are placing on host countries.

All migrants must be respected, regardless of their migratory status – IOM Chief of Mission in Mexico

The U.N. needs to go entirely. More on that in an upcoming article.