The UN’s Hypocritical Stance On Sexual Abuse


1. Trafficking, Smuggling, Child Exploitation

CLICK HERE, for TSCE #1: series intro and other listings.
CLICK HERE, for TSCE #2: suing for right to illegally enter U.S.

2. Important Links

(1) https://www.unhcr.org/en-my/excom/exconc/3f93b2c44/conclusion-protection-sexual-abuse-exploitation.html
(2) http://archive.is/giPHO
(3) https://oios.un.org/resources/2015/01/ST-SGB-2003-13.pdf
(4) https://www.unocha.org/story/making-zero-tolerance-sexual-exploitation-and-abuse-reality
(5) http://archive.is/yWf6F
(6) https://www.jpost.com/International/UN-staff-allegedly-responsbile-for-over-60000-cases-of-sexual-exploitation-542817
(7) http://archive.is/iyoZV
(8) https://www.reuters.com/article/us-un-sexualharassment/united-nations-moves-to-help-combat-sexual-abuse-in-its-ranks-idUSKCN1Q900M
(9) http://archive.is/yu3eG
(10) https://www.theamericanconservative.com/articles/the-united-nations-is-a-hotbed-of-sexual-harassment/
(11) http://archive.is/KBfKl
(12) https://www.irishtimes.com/news/world/us/un-moves-to-act-on-sexual-abuse-by-staff-and-troops-1.3236017
(13) http://archive.is/u4k8f
(14) https://www.washingtonexaminer.com/opinion/op-eds/taxpayers-forced-to-foot-the-bill-for-un-sex-crimes
(15) http://archive.is/bGYM3
(16) https://www.dailywire.com/news/27188/shock-claim-un-aid-workers-have-committed-60000-emily-zanotti
(17) http://archive.is/mq6nc

3. UN Policy, Sexual Exploitation

Section 3 Prohibition of sexual exploitation and sexual abuse
3.1 Sexual exploitation and sexual abuse violate universally recognized international legal norms and standards and have always been unacceptable behaviour and prohibited conduct for United Nations staff. Such conduct is prohibited by the United Nations Staff Regulations and Rules.

3.2 In order to further protect the most vulnerable populations, especially women and children, the following specific standards which reiterate existing general obligations under the United Nations Staff Regulations and Rules, are promulgated:
(a) Sexual exploitation and sexual abuse constitute acts of serious misconduct and are therefore grounds for disciplinary measures, including summary dismissal;
(b) Sexual activity with children (persons under the age of 18) is prohibited regardless of the age of majority or age of consent locally. Mistaken belief in the age of a child is not a defence;
(c) Exchange of money, employment, goods or services for sex, including sexual favours or other forms of humiliating, degrading or exploitative behaviour, is prohibited. This includes any exchange of assistance that is due to beneficiaries of assistance;
(d) Sexual relationships between United Nations staff and beneficiaries of assistance, since they are based on inherently unequal power dynamics, undermine the credibility and integrity of the work of the United Nations and are strongly discouraged;
(e) Where a United Nations staff member develops concerns or suspicions regarding sexual exploitation or sexual abuse by a fellow worker, whether in the same agency or not and whether or not within the United Nations system, he or she must report such concerns via established reporting mechanisms;
(f) United Nations staff are obliged to create and maintain an environment that prevents sexual exploitation and sexual abuse. Managers at all levels have a particular responsibility to support and develop systems that maintain this environment.

3.3 The standards set out above are not intended to be an exhaustive list. Other types of sexually exploitive or sexually abusive behaviour may be grounds for administrative action or disciplinary measures, including summary dismissal, pursuant to the United Nations Staff Regulations and Rules.

Seems well intentioned.
The rules seem pretty specific, and written in such a way as to avoid any misunderstandings or loophole. Credit where credit is due.

But there is this:

4. Daily Wire Article

In a shocking report out this week, a former U.N. official accuses the agency of harboring hundreds, if not thousands, of criminals in its foreign service, and claims that U.N. aid workers have committed more than 60,000 rapes and sexual assaults over the course of the last decade.

The Times of London reports that Andrew MacLeod, the former “chief of operations at the U.N.’s Emergency Co-ordination Centre” told U.N. officials last month that “he estimated that 60,000 rapes had been carried out by UN staff in the past decade, with 3,300 paedophiles working in the organisation and its agencies.”

MacLeod also told officials that he believed sexual predators specifically applied for foreign aid jobs so that they could get closer to vulnerable populations, including helpless women and children living in abject poverty.

“There are tens of thousands of aid workers around the world with paedophile tendencies, but if you wear a Unicef T-shirt nobody will ask what you’re up to,” MacLeod told the Sun newspaper. “You have the impunity to do whatever you want. It is endemic across the aid industry across the world. The system is at fault, and should have stopped this years ago.”

MacLeod’s report does come with caveats: his number is estimated based on extrapolating information contained in a U.N. Secretary General’s report issued last year, which said there had been 103 allegations of sexual abuse made against members of the U.N.’s peacekeeping and foreign aid teams in one segment of Africa in 2016, and half of those allegations had multiple victims.
Assuming only one in 10 cases gets reported, and that the teams in Africa are generally representative of U.N. foreign aid teams overall, MacLeod suggested that tens of thousands of cases could occur every year.

Regardless of whether the 60,000 number is correct, the allegations that the U.N. could be harboring sexual predators in its midst is shocking, and echoes allegations made against other massive foreign aid agencies, like Oxfam. That group, which also has aid workers all over the world, is now accused of covering up hundreds of reports of abuse.

Why are we a part of this organization? If even a small percentage of the accusations are true, then there is rampant sexual abuse that goes on in the UN.

But this hypocrisy is to be expected.

5. UN “Human Rights” Council

The UN Human Rights Council contains Afghanistan, Angola, Australia, Brazil, Chile, China, Croatia, Cuba, Democratic Republic of the Congo, Egypt, Hungary, Iceland, Iraq, Japan, Mexico, Nepal, Nigeria, Pakistan, Peru, Qatar, Rwanda, Saudi Arabia, Senegal, Slovakia, South Africa, Spain, Tunisia, Ukraine and the United Kingdom. Recently Argentina, Austria, Bahamas, Bahrain, Bangladesh, Bulgaria, Burkina Faso, Cameroon, Czechia, Denmark, Eritrea, Fiji, India, Italy, Philippines, Somalia, Togo and Uruguay were added.

There doesn’t seem to be a requirement that Human Rights Council members actually believe in human rights.

The UN has many documents and “commitments” to ending sexual abuse and exploitation. Yet, stories about it being rampant within the organization lead to obvious suggestions of hypocrisy.

UN Endorses Abortion As “Human Right”, Even For Kids

1. Other Articles on Abortion/Infanticide

(1) https://canucklaw.ca/canadian-universities-fighting-against-free-speech-and-free-association-in-court/
(2) https://canucklaw.ca/the-new-lindsay-shepherd-statistics-are-now-violence-infanticide-2/
(3) https://canucklaw.ca/infanticide-part-3-ny-virginia-to-legalise-up-to-birth-abortion/
(4) https://canucklaw.ca/infanticide-part-4-leave-no-survivors/

2. Important Links

(1) https://www.ohchr.org/en/hrbodies/ccpr/pages/gc36-article6righttolife.aspx
(2) https://www.ohchr.org/Documents/HRBodies/CCPR/GCArticle6/GCArticle6_EN.pdf
(3) International Convenant On Civil And Political Rights On Right To Life

3. General Comments

“2. Article 6 recognizes and protects the right to life of all human beings. It is the supreme right from which no derogation is permitted1 even in situations of armed conflict and other public emergencies. The right to life has crucial importance both for individuals and for society as a whole. It is most precious for its own sake as a right that inheres in every human being, but it also constitutes a fundamental right, 2 whose effective protection is the prerequisite for the enjoyment of all other human rights and whose content can be informed and infused by other human rights.

3. The right to life is a right which should not be interpreted narrowly. It concerns the entitlement of individuals to be free from acts and omissions intended or expected to cause their unnatural or premature death, as well as to enjoy a life with dignity. Article 6 guarantees this right for all human beings, without distinction of any kind, including for persons suspected or convicted of even the most serious crimes.

4. Paragraph 1 of article 6 of the Covenant provides that no one shall be arbitrarily deprived of his life and that the right shall be protected by law. It lays the foundation for the obligation of States parties to respect and to ensure the right to life, to give effect to it through legislative and other measures, and to provide effective remedies and reparation to all victims of violations of the right to life.”

So far, this looks pretty good. The UN states very bluntly that it values life.

Individuals should not be subjected to acts or omissions which cause their premature death (a.k.a. murder), and that they should have dignity in their lives.

States of the UN are obligated to respect life. This applies even to people suspected or convicted of committing the most serious crimes. It seems we are going down the line of “serial killers are human too”.

“6. Deprivation of life involves a deliberate3 or otherwise foreseeable and preventable life-terminating harm or injury, caused by an act or omission. It goes beyond injury to bodily or mental integrity or threat thereto, which are prohibited by article 9, paragraph 1.4 “

Nothing in this statement I can disagree with.

“8. Enforced disappearance constitutes a unique and integrated series of acts and omissions representing a grave threat to life and may thus result in a violation of the right to life.7 It also violates other rights recognized in the Covenant, in particular, article 9 (liberty and security of persons), article 7 (prohibition of torture or cruel, inhuman or degrading treatment or punishment) and article 16 (right to recognition of a person before the law). “

Nothing in this passage that is offensive either. Forced disappearances “do” cause an obvious threat to life and violate all sorts of regulations.

We will skip over 9, and come back to it.

“10. [While acknowledging the central importance to human dignity of personal autonomy, the Committee considers that States parties should recognize that individuals planning or attempting to commit suicide may be doing so because they are undergoing a momentary crisis which may affect their ability to make irreversible decisions, such as to terminate their life. Therefore,] States should take adequate measures, without violating their other Covenant obligations, to prevent suicides, especially among individuals in particularly vulnerable situations.”

I would agree with this. Taking the effort to engage in intervention to protect potentially suicidal people is definitely worthwhile.

“12. States parties engaged in the use of existing weapons and in the study, development, acquisition or adoption of new weapons, and means or methods of warfare must always consider their impact on the right to life. “

Agree fully.

“14. States parties should monitor the impact on the right to life of less-lethal weapons which are designed for use by law-enforcement agents and soldiers charged with lawenforcement missions, including electro-muscular disruption devices (Tasers),29 rubbercoated metal bullets, and attenuating energy projectiles. The use of such weapons must be restricted only to law-enforcement agents who have undergone appropriate training, and must be strictly regulated in accordance with international protocols for their use.”

Try not to kill suspects? Sure, good idea.

“20. The Covenant does not provide an enumeration of permissible grounds for deprivation of life. Still, article 6, paragraphs 2, 4 and 5 implicitly recognize that countries which have not abolished the death penalty and that have not ratified the Second Optional Protocol may continue to apply the death penalty with regard to the most serious crimes subject to a number of strict conditions. Other procedures regulating activity that may result in deprivation of life, such as conditions for use of lethal weapons by the police or protocols for new drug treatment, must be established by law, accompanied by effective institutional safeguards designed to prevent arbitrary deprivations of life, and be compatible with other provisions of the Covenant.”

Limit the death penalty to the most serious crimes? Sure.

“28. Persons with disabilities, including psychosocial and intellectual disabilities, are entitled to special measures of protection so as to ensure their effective enjoyment of the right to life on equal basis with others. Such measures of protection shall include reasonable accommodation of public policies which are necessary to ensure the right to life, such as ensuring access of persons with disabilities to essential goods and services, and special measures designed to prevent excessive use of force by law enforcement agents against persons with disabilities.”

People with physical and intellectual disabilities are also entitled to life and dignity. Agreed.

“42. Under no circumstances can the death penalty be imposed as part of a policy of genocide against members of a national, ethnical, racial or religious group. Article 6, paragraph 3 reminds all States parties who are also parties to the Genocide Convention of their obligations to prevent and punish the crime of genocide, which include the obligation to prevent and punish all deprivations of life, which constitute part of a crime of genocide.”

So, where does the problem exist?
See paragraph #9.

“9. Although States parties may adopt measures designed to regulate terminations of pregnancy, (1) such measures must not result in violation of the right to life of a pregnant woman or her other rights under the Covenant, including the prohibition against cruel, inhuman and degrading treatment or punishment. Thus, (2) any legal restrictions on the ability of women to seek abortion must not, inter alia, jeopardize their lives or subject them to physical or mental pain or suffering which violates article 7. States (3) parties must provide safe access to abortion to protect the life and health of pregnant women, and in situations in which carrying a pregnancy to term would cause the woman (4) substantial pain or suffering, most notably where the pregnancy is the result of rape or incest or when the foetus suffers from fatal impairment. States parties may not regulate pregnancy or abortion in a manner that runs contrary to (5) their duty to ensure that women do not have to undertake unsafe abortions. [For example, they should not take measures such as (6) criminalizing pregnancies by unmarried women or applying criminal sanctions against women undergoing abortion or against physicians assisting them in doing so, when taking such measures is expected to significantly increase resort to unsafe abortions]. Nor should States parties (7) introduce humiliating or unreasonably burdensome requirements on women seeking to undergo abortion. The (8) duty to protect the lives of women against the health risks associated with unsafe abortions requires States parties to ensure access for women and men, and, in (9) particular, adolescents, to information and education about reproductive options, and to a wide range of contraceptive methods. States parties must also (10) ensure the availability of adequate prenatal and post-abortion health care for pregnant women.”

Now we get to the real problem,
UNBORN CHILDREN DON’T HAVE THE RIGHT TO LIFE

4. About The Bolded Comments

1/ States can “regulate” abortion, but not if it means violating her rights, or anything she may find cruel, inhumane or degrading. Screw the child.
2/ No legal restrictions if it jeopardises the “mental” health of the mother. Not the physical health or life, but the mental health, which can mean anything.
3/ States must provide access to abortion if it endangers health, and yes, that means mental health. I guess as long as the child in an inconvenience.
4/ Again, they consider “suffering” to be mental as well.
5/ States have to provide abortion to ensure that women won’t “unsafely” kill their children
6/ Remove any penalties for abortion, if it would lead to “unsafe” abortions.
7/ Unreasonably burdensome? Would a therapist or medical exam be considered burdensome? Would telling the mother to think it over be too much?
8/ Again, since women may engage in “unsafe” abortions, states are obligated to provide it.
9/ Why the hell are we giving children advice on reproductive options?
10/ Kill the child or birth it, we still have to give the same care to the mother?!?!

UN doesn’t seem to see how inconsistent this attitude is with other provisions of the same document.

22. The second sentence of paragraph 1 provides that the right to life “shall be protected by law”. This implies that States parties must establish a legal framework to ensure the full enjoyment of the right to life by all individuals. The duty to protect the right to life by law also includes an obligation for States parties to take appropriate legal measures in order to protect life from all foreseeable threats, including from threats emanating from private persons and entities.

24. States parties must enact a protective legal framework which includes effective criminal prohibitions on all forms of arbitrary deprivations of life by individuals, including intentional and negligent homicide, disproportionate use of firearms, infanticide, “honour” killings, lynching, violent hate crimes, blood feuds, death threats, terrorist attacks and other manifestations of violence or incitement to violence that are likely to result in a deprivation of life. The criminal sanctions attached to these crimes must be commensurate with their gravity, while remaining compatible with all provisions of the Covenant.

UN prohibits infanticide, unless it is being done by the mother.
Abortions for everyone.
Abortions for children.

UN Panel On Digital Cooperation

(The UN High-Level Panel on Digital Cooperation)

(Another shot of the panel)

(Digital Cooperation)

(Internet Governance Forum, 2012, in Columbia)

(Arab Internet Governance)

(Internet Governance, Challenges & Opportunities)

(Burnaby South debate. Watch at 7:25 in video)
https://www.youtube.com/watch?v=t_hCHQnwjW0

(Burnaby South Liberal Candidate Richard Lee supports UN regulation of internet)

1. Important Links

(1) http://www.un.org/en/digital-cooperation-panel/
(2) http://www.un.org/en/pdfs/HLP-on-Digital-Cooperation_Press-Release.pdf
(3) High Level Panel On Digital Cooperation Press-Release
(4) https://digitalcooperation.org/
(5) 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
(6) https://www.unescwa.org/sites/www.unescwa.org/files/events/files/program.pdf
(7) Arab Internet Governance Forum
(8) https://www.unescwa.org/sub-site/arabDIG
(9) https://www.unescwa.org/publications/internet-governance-challenges-and-opportunities-escwa-member-countries

2. Quotes From Website

Purpose
The scale, spread and speed of change brought about by digital technology is unprecedented, and the current means and levels of international cooperation are unequal to the challenge. Digital technologies make a significant contribution to the realisation of the 2030 Agenda for Sustainable Development and cut uniquely across international boundaries, policy silos and professional domains. Cooperation across domains and across borders is therefore critical to realizing the full social and economic potential of digital technologies, mitigating the risks they pose, and curtailing any unintended consequences.

The High-level Panel on Digital Cooperation was convened by the UN Secretary-General to advance proposals to strengthen cooperation in the digital space among Governments, the private sector, civil society, international organizations, academia, the technical community and other relevant stakeholders.

The Panel is expected to raise awareness about the transformative impact of digital technologies across society and the economy, and contribute to the broader public debate on how to ensure a safe and inclusive digital future for all, taking into account relevant human rights norms.

A number of questions here:
1/ Is this “global cooperation” being used to advance Agenda 2030?
2/ Social potential as in what?
3/ Why strengthen cooperation? Is this a form of policing?
4/ Safe and inclusive digital future? Does this mean that opinions or ideas that don’t make people feel “safe and inclusive” will be banned?
5/ Human rights norms as in what? Censoring of ideas? Something like a global M103 (to ban criticism of Islam)?
6/ Seeing how Statistics Canada has no issue with privacy breaches, what kinds of safeguards can we expect here?

Process
The Panel will hold two in-person meetings in September 2018 and January 2019, and will meet virtually as required.
The Panel will also seek to gather the views and proposals of Member States, relevant industries, civil society and academia worldwide through a careful consultation process. It will draw expertise from expert communities across the globe through engagement at existing events, conferences and forums as well as call for contributions from the general public through virtual hubs and online participation platforms. Two regional consultations will be organized in Asia and in Africa.
The Panel will complete its deliberations and submit its final report, including actionable recommendations, within a nine-month period. The report will map trends in digital technologies, identify gaps and opportunities, and outline proposals for strengthening international cooperation in the digital space.

FAQs

Why was the Panel established?
Current means and levels of international cooperation are not commensurate with the scale and rapidity of changes brought about by digital technologies. Digital technologies cut uniquely across international boundaries. Cooperation across sectors and across borders is critical to realizing the full social and economic potential of digital technologies as well as mitigating the risks they could pose.

Why is it called High-level Panel on Digital Cooperation?
The term Digital Cooperation aims to frame discussions on digital issues in a cooperative framework; it also aims to break silos by encouraging thinking and action across domains, and build trust among various stakeholders.

What are the expected outcomes?
The Panel will submit a report that will provide a high-level independent contribution to the broader public debate on digital cooperation frameworks and support Member States in their consultations on these issues.
The report is expected to: 1) raise awareness about the transformative impact of digital technologies across society and the economy, 2) identify policy, research and information gaps as well as ways to improve interdisciplinary action on digital technologies, and 3) present concrete proposals to strengthen cooperation in the digital space in an effective and inclusive manner.
It is expected that the consultation process leading to the report will contribute to stimulating discussion among and between various stakeholder groups on how they can work together to maximize the potential of the digital transformation.

Guess what isn’t mentioned here?
Free speech, privacy.

How is this different from other panels, commissions and international forums on similar topics?
The Secretary-General welcomes the increased focus on the implications of digital technologies for our society and our economy through commissions, conferences and other forums. This signifies that the timing is ripe for the digital policy ecosystem to evolve to the next level of maturity.

The work of all these initiatives can and should be mutually reinforcing. Wherever possible, this Panel will work with other initiatives and seek to identify synergies and complementarities.

Word salad.

How is the Panel supported?
The Panel is supported by a small Secretariat funded by donor resources, and based in New York and Geneva.
How were the Panel members selected?
The Secretary-General invited 20 independent experts with a range of professional and academic backgrounds in fields related to technology and policy. All members serve in their personal capacity, not as representatives of their affiliated institutions.
The Panel’s composition represents a broad mix of disciplines and sectors, geographic, gender and age diversity in an effort to reflect the cross-boundary nature of the digital sphere. Given that young people will be disproportionately affected by the future impact of a digital society, the Panel includes several individuals under the age of 35.

Racial diversity.
Gender diversity.
Age diversity.
No mention of diversity of thought. Perhaps how some person think can be a bad idea.

Contact and More Information
Visit the dedicated website for further information, engagement opportunities and news: www.digitalcooperation.org
For updates about the Panel, follow on Twitter at @UNSGdigicoop or sign up for the mailing list.

To provide suggestions or comments, contact the High Level Panel Secretariat at: digitalcooperation [at] unops.org
Bios

3. Some Thought

To be frank, the idea that the UN is actually getting together for “digital cooperation” is downright scary. Which ones will be “enhanced” by digital cooperation?

  • UN Global Migration Compact
  • Paris Accord
  • Proposed UN Global Government
  • Agenda 21, Agenda 2030
  • Global Citizen Education Agenda
  • New Development Financing
  • Efforts to ban criticism of Islam
  • Any of the dozens of other initiatives?

Liberal Candidate for the Burnaby by-election, Richard Lee says that he supports having the UN regulate internet activity. And the UN openly supports “digital cooperation”.

Is this the next frontier?

What exactly will they cooperate on? This is disturbingly vague? Will there be “cooperation” to stifle unpopular opinions? Perhaps to censor ideas and beliefs deemed inappropriate? Will this be a way to monitor and prevent criticism of Islam?

Will this be a means to streamline continued mass migration, or to continue financing UN scams like

Canada’s Bill C-71: Backdoor Gun Registry

(Bill C-71, to restore the long gun registry)

One thing to point out right away: this bill is much more manageable to read than Bill C-69

CLICK HERE, for the full text of Bill C-71.

CLICK HERE, for the 1995 Firearms Act.
CLICK HERE, for Bill C-19, Ending The Long Gun Registry Act
CLICK HERE, for the 2015 Economic Action Plan Act

Here are some noteworthy changes


5(2) of Firearms Act
ORIGINAL

(c) has a history of behaviour that includes violence or threatened or attempted violence on the part of the person against any person.

REPLACEMENT
(2) Subsection 5(2) of the Act is amended by striking out “or” at the end of paragraph (b) and by replacing paragraph (c) with the following:

(c) has a history of behaviour that includes violence or threatened or attempted violence or threatening conduct on the part of the person against any person;
(d) is or was previously prohibited by an order — made in the interests of the safety and security of any person — from communicating with an identified person or from being at a specified place or within a specified distance of that place, and presently poses a threat or risk to the safety and security of any person;
(e) in respect of an offence in the commission of which violence was used, threatened or attempted against the person’s intimate partner or former intim­ate partner, was previously prohibited by a prohibition order from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition; or
(f) for any other reason, poses a risk of harm to any person.

For greater certainty

(2.‍1) For greater certainty, for the purposes of paragraph (2)‍(c), threatened violence and threatening conduct include threats or conduct communicated by the person to a person by means of the Internet or other digital network


19(1.1) and (2) of Firearms Act
ORIGINAL

Target practice or competition

(1.1) In the case of an authorization to transport issued for a reason referred to in paragraph (1)(a) within the province where the holder of the authorization resides, the specified places must include all shooting clubs and shooting ranges that are approved under section 29 and that are located in that province.
Marginal note:

Exception for prohibited firearms other than prohibited handguns
(2) Despite subsection (1), an individual must not be authorized to transport a prohibited firearm, other than a handgun referred to in subsection 12(6.1), between specified places except for the purposes referred to in paragraph (1)(b)

REPLACEMENT

4 (1) Subsections 19(1.‍1) and (2) of the Act are replaced by the following:

Target practice or competition

(1.‍1) In the case of an authorization to transport issued for a reason referred to in paragraph (1)‍(a) within the province where the holder of the authorization resides, the specified places must — except in the case of an authorization that is issued for a prohibited firearm referred to in subsection 12(9) — include all shooting clubs and shooting ranges that are approved under section 29 and that are located in that province.

Exception for prohibited firearms other than prohibited handguns

(2) Despite subsection (1), an individual must not be authorized to transport a prohibited firearm — other than a handgun referred to in subsection 12(6.‍1) or a prohibited firearm referred to in subsection 12(9) — between specified places except for the purposes referred to in paragraph (1)‍(b).


Section 23 of Firearms Act
ORIGINAL

Authorization to transfer non-restricted firearms
23 A person may transfer a non-restricted firearm if, at the time of the transfer,
(a) the transferee holds a licence authorizing the transferee to acquire and possess that kind of firearm; and
(b) the transferor has no reason to believe that the transferee is not authorized to acquire and possess that kind of firearm.
1995, c. 39, s. 23; 2003, c. 8, s. 17; 2012, c. 6, s. 11; 2015, c. 27, s. 7.
Previous Version
Marginal note:

Voluntary request to Registrar
23.1 (1) A transferor referred to in section 23 may request that the Registrar inform the transferor as to whether the transferee, at the time of the transfer, holds and is still eligible to hold the licence referred to in paragraph 23(a), and if such a request is made, the Registrar or his or her delegate, or any other person that the federal Minister may designate, shall so inform the transferor.
Marginal note:

No record of request
(2) Despite sections 12 and 13 of the Library and Archives of Canada Act and subsections 6(1) and (3) of the Privacy Act, neither the Registrar or his or her delegate nor a designated person shall retain any record of a request made under subsection (1).

REPLACEMENT

5 Sections 23 and 23.‍1 of the Act are replaced by the following:

Authorization to transfer non-restricted firearms

23 (1) A person may transfer one or more non-restricted firearms if, at the time of the transfer,
(a) the transferee holds a licence authorizing the transferee to acquire and possess a non-restricted firearm;
(b) the Registrar has, at the transferor’s request, issued a reference number for the transfer and provided it to the transferor; and
(c) the reference number is still valid.

Information — transferee’s licence

(2) The transferee shall provide to the transferor the prescribed information that relates to the transferee’s licence, for the purpose of enabling the transferor to request that the Registrar issue a reference number for the transfer.

Reference number

(3) The Registrar shall issue a reference number if he or she is satisfied that the transferee holds and is still eligible to hold a licence authorizing them to acquire and possess a non-restricted firearm.

Period of validity

(4) A reference number is valid for the prescribed period.

Registrar not satisfied

(5) If the Registrar is not satisfied as set out in subsection (3), he or she may so inform the transferor.


Ending the Long Gun Registry Act of 2012
ORIGINAL

Non-application
(3) Sections 12 and 13 of the Library and Archives of Canada Act and subsections 6(1) and (3) of the Privacy Act do not apply with respect to the destruction of the records and copies referred to in subsections (1) and (2).

(4) If section 29 of the other Act comes into force before section 17 of this Act, then that section 17 is replaced by the following:
17. Paragraph 38(1)(a) of the Act is replaced by the following:
(a) holds a licence to possess that kind of firearm and, in the case of a prohibited firearm or a restricted firearm, a registration certificate and an authorization to transport the firearm; and

(5) If section 17 of this Act comes into force before section 29 of the other Act, then, on the day on which that section 29 comes into force, paragraph 38(1)(a) of the Firearms Act is replaced by the following:
(a) holds a licence to possess that kind of firearm and, in the case of a prohibited firearm or a restricted firearm, a registration certificate and an authorization to transport the firearm; and

(6) If section 29 of the other Act comes into force on the same day as section 17 of this Act, then that section 17 is deemed to have come into force before that section 29 and subsection (5) applies as a consequence.

(7) On the first day on which both section 30 of the other Act and section 17 of this Act are in force, paragraphs 40(1)(b) and (c) of the Firearms Act are replaced by the following:
(b) the individual produces a licence authorizing him or her to possess that kind of firearm;
(c) in the case of a prohibited firearm or a restricted firearm, the individual holds an authorization to transport it and satisfies the customs officer that the individual holds a registration certificate for the firearm; and

REPLACEMENT

Ending the Long-gun Registry Act

Amendments to the Act

2015, c. 36, s. 230

23 (1) Subsection 29(3) of the Ending the Long-gun Registry Act is deemed never to have been amended by section 230 of the Economic Action Plan 2015 Act, No. 1.

2015, c. 36, s. 230

(2) Subsections 29(4) to (7) of the Ending the Long-gun Registry Act are deemed never to have come into force and are repealed.

2015, c. 36, s. 231

24 Section 30 of the Ending the Long-gun Registry Act is deemed never to have come into force and is repealed.


Biggest takeaway here is that Bill C-71 is an effort to resurrect the Long Gun Registry

While there are some virtue signals about safety, the main objective is clearly undoing the 2011-2012 legislation.

Loophole in Canada/US Safe 3rd Country Agreement

CLICK HERE, for full text for the Canada/US Safe 3rd Country Agreement.

THE UNDERSTANDING

From the opening of the agreement


EMPHASIZING that the United States and Canada offer generous systems of refugee protection, recalling both countries’ traditions of assistance to refugees and displaced persons abroad, consistent with the principles of international solidarity that underpin the international refugee protection system, and committed to the notion that cooperation and burden-sharing with respect to refugee status claimants can be enhanced;

DESIRING to uphold asylum as an indispensable instrument of the international protection of refugees, and resolved to strengthen the integrity of that institution and the public support on which it depends;

NOTING that refugee status claimants may arrive at the Canadian or United States land border directly from the other Party, territory where they could have found effective protection;

CONVINCED, in keeping with advice from the United Nations High Commissioner for Refugees (UNHCR) and its Executive Committee, that agreements among states may enhance the international protection of refugees by promoting the orderly handling of asylum applications by the responsible party and the principle of burden-sharing;

AWARE that such sharing of responsibility must ensure in practice that persons in need of international protection are identified and that the possibility of indirect breaches of the fundamental principle of non-refoulement are avoided, and therefore determined to safeguard for each refugee status claimant eligible to pursue a refugee status claim who comes within their jurisdiction, access to a full and fair refugee status determination procedure as a means to guarantee that the protections of the Convention, the Protocol, and the Torture Convention are effectively afforded;

The wording is pretty clear here. Canada and the United States view each other as safe countries. If you land in one country, you “should” not be able to hop to the other and claim refugee status.

It is of interest to read in particular, articles 4, 5, 6

ARTICLE 4
Subject to paragraphs 2 and 3, the Party of the country of last presence shall examine, in accordance with its refugee status determination system, the refugee status claim of any person who arrives at a land border port of entry on or after the effective date of this Agreement and makes a refugee status claim.
Responsibility for determining the refugee status claim of any person referred to in paragraph 1 shall rest with the Party of the receiving country, and not the Party of the country of last presence, where the receiving Party determines that the person:
-Has in the territory of the receiving Party at least one family member who has had a refugee status claim granted or has been granted lawful status, other than as a visitor, in the receiving Party’s territory; or
-Has in the territory of the receiving Party at least one family member who is at least 18 years of age and is not ineligible to pursue a refugee status claim in the receiving Party’s refugee status determination system and has such a claim pending; or
-Is an unaccompanied minor; or
-Arrived in the territory of the receiving Party:
With a validly issued visa or other valid admission document, other than for transit, issued by the receiving Party; or
Not being required to obtain a visa by only the receiving Party.
The Party of the country of last presence shall not be required to accept the return of a refugee status claimant until a final determination with respect to this Agreement is made by the receiving Party.
Neither Party shall reconsider any decision that an individual qualifies for an exception under Articles 4 and 6 of this Agreement.

Makes clear about a formal point of entry. However, those who value sovereignty will note with concern there are many exceptions to keep alleged “refugees” in Canada far longer.

ARTICLE 5
In cases involving the removal of a person by one Party in transit through the territory of the other Party, the Parties agree as follows:
Any person being removed from Canada in transit through the United States, who makes a refugee status claim in the United States, shall be returned to Canada to have the refugee status claim examined by and in accordance with the refugee status determination system of Canada.
Any person being removed from the United States in transit through Canada, who makes a refugee status claim in Canada, and:
whose refugee status claim has been rejected by the United States, shall be permitted onward movement to the country to which the person is being removed; or
who has not had a refugee status claim determined by the United States, shall be returned to the United States to have the refugee status claim examined by and in accordance with the refugee status determination system of the United States.

It appears clear cut. You cannot country shop from one to another, and there is a specific agreement to remove those people who try.

ARTICLE 6
Notwithstanding any provision of this Agreement, either Party may at its own discretion examine any refugee status claim made to that Party where it determines that it is in its public interest to do so.

So, either Canada or the United States could remove anyone at any time if deemed in national interest.

HERE is the problem:

Where the Agreement is in effect
The Safe Third Country Agreement applies only to refugee claimants who are seeking entry to Canada from the U.S.:
-at Canada-U.S. land border crossings
-by train or
-at airports, only if the person seeking refugee protection in Canada has been refused refugee status in the U.S. and is in transit through Canada after being deported from the U.S.

As if plain and obvious, this only applies to border crossings entries. This means that fake refugees can bypass the agreement simply by entering anyplace other than an official border crossing.

That has been happening, by the thousands. See HERE, see HERE, and HERE.

One obvious solution would be to declare the “ENTIRE BORDER” a point of entry. However, there seems to be little willpower in Ottawa to do that.

In fact, Prime Minister Trudeau has no issues with calling a racist anyone who questions the open border.

Canada’s Bill C-46: Police Can Demand Breath Sample — 2 Hours Later

(Changes to Criminal Code, which put onus on drivers to prove they weren’t drinking 2 hours ago)

CLICK HERE, for the full text of the bill, which received Royal Assent and is now law.

Here Is Original Legislation

Operation while impaired

253 (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,

(a) while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or

(b) having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.

Marginal note:

For greater certainty
(2) For greater certainty, the reference to impairment by alcohol or a drug in paragraph (1)(a) includes impairment by a combination of alcohol and a drug.
R.S., 1985, c. C-46, s. 253; R.S., 1985, c. 27 (1st Supp.), s. 36, c. 32 (4th Supp.), s. 59;

This is reasonable enough. Let’s see what it looks like after the changes

Rationale Behind This Bill
SUMMARY

Part 1 amends the provisions of the Criminal Code that deal with offences and procedures relating to drug-impaired driving. Among other things, the amendments

(a) enact new criminal offences for driving with a blood drug concentration that is equal to or higher than the permitted concentration;
(b) authorize the Governor in Council to establish blood drug concentrations; and
(c) authorize peace officers who suspect a driver has a drug in their body to demand that the driver provide a sample of a bodily substance for analysis by drug screening equipment that is approved by the Attorney General of Canada.

Part 2 repeals the provisions of the Criminal Code that deal with offences and procedures relating to conveyances, including those provisions enacted by Part 1, and replaces them with provisions in a new Part of the Criminal Code that, among other things,

(a) re-enact and modernize offences and procedures relating to conveyances;
(b) authorize mandatory roadside screening for alcohol;
(c) establish the requirements to prove a person’s blood alcohol concentration; and
(d) increase certain maximum penalties and certain minimum fines.

Part 3 contains coordinating amendments and the coming into force provision.

How Criminal Code Now Reads

Operation while impaired

253 (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,

(a) while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or

(b) having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.

Marginal note:

For greater certainty
(2) For greater certainty, the reference to impairment by alcohol or a drug in paragraph (1)(a) includes impairment by a combination of alcohol and a drug.
Marginal note:

Operation while impaired — blood drug concentration

(3) Subject to subsection (4), everyone commits an offence who has within two hours after ceasing to operate a motor vehicle or vessel or after ceasing to operate or to assist in the operation of an aircraft or of railway equipment or after ceasing to have the care or control of a motor vehicle, vessel, aircraft or railway equipment

(a) a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation;

(b) a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation and that is less than the concentration prescribed for the purposes of paragraph (a); or

(c) a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation for instances where alcohol and that drug are combined.

Marginal note:

Exception
(4) No person commits an offence under subsection (3) if

(a) they consumed the drug or the alcohol or both after ceasing to operate a motor vehicle or vessel, or after ceasing to operate or assist in the operation of an aircraft or railway equipment or after ceasing to have the care or control of a motor vehicle, a vessel, an aircraft or railway equipment; and

(b) after ceasing the activities described in paragraph (a), they had no reasonable expectation that they would be required to provide a sample of a bodily substance.

R.S., 1985, c. C-46, s. 253; R.S., 1985, c. 27 (1st Supp.), s. 36, c. 32 (4th Supp.), s. 59; 2008, c. 6, s. 18;

(3) Subject to subsection (4), everyone commits an offence who has within two hours after ceasing to operate a motor vehicle or vessel or after ceasing to operate or to assist in the operation of an aircraft or of railway equipment or after ceasing to have the care or control of a motor vehicle, vessel, aircraft or railway equipment

Within 2 hours of driving, if they consume alcohol…. What the hell?

The burden would now be on the person to prove they weren’t drinking 2 hours ago.

This new law, will almost certainly face court/constitutional challenges. While being (perhaps) well meaning, is too broad, too easy to abuse, and evades basic principles like:
1/ presumption of innocence
2/ probable cause needed

We will keep an eye on it.