Category: Criminal

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CV #39: Forced Or Coerced Vaccination Violates Nuremberg Code

If the Nuremberg Code provides very reasonable guidelines on performing medical experiments, then what possible stretch of logic would prohibit people from refusing forced vaccines?

1. Other Articles On CV “Planned-emic”

For much more on the coronavirus “pandemic”, check out this series. Know the real story about the lies, inflated death tolls, rampant lobbying, financial conflicts of interest, and other deception that the mainstream media will not report on.

2. Text Of Nuremberg Code

  1. The voluntary consent of the human subject is absolutely essential.
  2. The experiment should be such as to yield fruitful results for the good of society, unprocurable by other methods or means of study, and not random and unnecessary in nature.
  3. The experiment should be so designed and based on the results of animal experimentation and a knowledge of the natural history of the disease or other problem under study that the anticipated results will justify the performance of the experiment.
  4. The experiment should be so conducted as to avoid all unnecessary physical and mental suffering and injury.
  5. No experiment should be conducted where there is an a priori reason to believe that death or disabling injury will occur; except, perhaps, in those experiments where the experimental physicians also serve as subjects.
  6. The degree of risk to be taken should never exceed that determined by the humanitarian importance of the problem to be solved by the experiment.
  7. Proper preparations should be made and adequate facilities provided to protect the experimental subject against even remote possibilities of injury, disability, or death.
  8. The experiment should be conducted only by scientifically qualified persons. The highest degree of skill and care should be required through all stages of the experiment of those who conduct or engage in the experiment.
  9. During the course of the experiment the human subject should be at liberty to bring the experiment to an end if he has reached the physical or mental state where continuation of the experiment seems to him to be impossible.
  10. During the course of the experiment the scientist in charge must be prepared to terminate the experiment at any stage, if he has probable cause to believe, in the exercise of the good faith, superior skill and careful judgment required of him that a continuation of the experiment is likely to result in injury, disability, or death to the experimental subject.

3. Does Forcing Vaccines Violate Code?


It stands to reason that if forcing people to participate in medical experiments is unethical, then forcing vaccines on people should be as well. Considering the lack of testing and safety mechanisms, it would be hard to argue that this is not still experimental.

Beyond actual force, making it unreasonably difficult to live one’s life without being vaccinated should also imply a lack of informed consent. Would a Government put a “boot on the neck” under the guise of public safety? Well, they are already.

What will happen should this be put in a court challenge? Guess only time will tell.

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A Rebuke To Shanifa Nasser, And Her Article On Defunding Toronto Police

This feels like an odd piece to write. Nevertheless….

But as protests over police brutality and racism erupt across the United States and beyond, sparked by the case of George Floyd — an unarmed black man whose final moments were spent with an officer’s knee pressed into his neck — one refrain is growing louder and louder: “Defund the police.”

Exactly what that means can differ somewhat depending on who you ask. While some have called for an outright abolition of police forces, many others favour reducing police budgets so that their work focuses more squarely on violent crime. But the sentiments behind it stem from a singular question when it comes to dealing with people in mental distress:

“Is that armed, highly-paid officer the right resource for that function?” asked Alok Mukherjee, who spent a decade as the chair of the Toronto Police Services Board.

In Toronto, the police service is the single-biggest line item in the city’s $13.5-billion operating budget. Out of an average property tax bill of $3,020, the largest share — about $700 — is allocated to police. That’s followed by about $520 for transit. Shelters and housing take up about $150, while about $60 goes to paramedic services.

“We’ve seen a proliferation of gang-intervention and prevention programs that include funding for the police … rather than simply providing after-school services, education services, extracurricular activities and sports activities for young people in disadvantaged neighbourhoods,” he said.

In true CBC fashion, the article doesn’t actually pose a concrete solution. Instead, it meanders, not really focusing on a coherent argument.

However, the more interesting questions are: Who is this author? What is her agenda in writing it? Why is she pushing this topic? What is her background?

1. Looking At Shanifa Nasser’s Twitter Feed

Tasser’s Twitter feed is filled with race-bait and race-hustling content. It’s clearly a large part of the content that she covers, and she seems to buy into the narrative of systemic racism in Canada. But what else is known about her?

Her biography has her taking religious studies — Islam specifically — from 2004 to 2011. Presumably her work with Focus Humanitarian Assistance was part time. While she thinks that white supremacy and racism in the West are big problems, she sees nothing wrong with fundraising from those same people in order to fund projects in the 3rd World.

2. Focus Humanitarian Assistance

Since our inception in 1995, Focus Humanitarian Assistance USA (FOCUS USA) has been serving vulnerable communities throughout Central and South Asia in the aftermath of devastating natural disasters. We are also committed to fostering and building disaster-resilient communities in susceptible areas—including areas in the United States—by developing disaster risk mitigation programs to minimize impact and better prepare families and individuals before environmental disasters such as winter storms, hurricanes or earthquakes strike.

Our mission is: to save lives, reduce suffering and create resilience in communities prone to man-made or natural disasters.

As an affiliate of the Aga Khan Development Network (AKDN), FOCUS collaborates closely with several of its branches. FOCUS also works with a number of other like-minded agencies and donor partners. These include partner government and government agencies, NGOs, as well as corporations that share an interest in the effort to provide relief and support services during and following natural and man-made disasters.

Shanifa Nasser’s LinkedIn page states that she held 2 different roles in Focus Humanitarian Assistance form 2010 to 2013. According to its biography, FHA was founded in 1994 by Aga Khan, and operates globally for disaster relief.

fostrian.children.1.patent.letters.
fostrian.children.2.organization.bylaws

A point of clarification though: according to records with Revenue Canada, Focus Humanitarian Assistance (at least the charity itself), was founded in 1981. It was originally named the Fostrian Children Universal Society. Three members, Zainel Mohamed, Nurjehan Bharmal, and Haider Merchant were the first directors of the group. It was taken over by Aga Khan and renamed in 1994.

focus.humanitarian.1.articles.of.continuance
focus.humanitarian.2.change.of.address
focus.humanitarian.3.director.changes

2015 Canada Revenue Agency Financial Information
Receipted donations $5,489,963.00 (69.42%)
Non-receipted donations $52,949.00 (0.67%)
Gifts from other registered charities $56,927.00 (0.72%)
Government funding $0.00 (0.00%)
All other revenue $2,308,926.00 (29.19%)
Total revenue: $7,908,765.00

Charitable programs $7,468,065.00 (92.36%)
Management and administration $423,607.00 (5.24%)
Fundraising $193,950.00 (2.40%)
Political activities $0.00 (0.00%)
Gifts to other registered charities and qualified donees $0.00 (0.00%)
Other $0.00 (0.00%)
Total expenses: $8,085,622.00

Compensation
Total compensation for all positions
$1,165,091.00

Full-time employees (14)
Part-time employees (3)

Professional and consulting fees
$144,480.00

Compensated full-time positions:
$1 to $39,999 (2)
$40,000 to $79,999 (9)
$80,000 to $119,999 (1)
$120,000 to $159,999 (1)
$160,000 to $199,999 (0)
$250,000 to $299,999 (1)

2016 Canada Revenue Agency Financial Information
Receipted donations $5,319,296.00 (83.26%)
Non-receipted donations $0.00 (0.00%)
Gifts from other registered charities $712,825.00 (11.16%)
Government funding $255,735.00 (4.00%)
All other revenue $100,925.00 (1.58%)
Total revenue: $6,388,781.00

Charitable programs $9,468,278.00 (93.78%)
Management and administration $416,922.00 (4.13%)
Fundraising $211,116.00 (2.09%)
Political activities $0.00 (0.00%)
Gifts to other registered charities and qualified donees $0.00 (0.00%)
Other $1.00 (0.00%)
Total expenses: $10,096,317.00

Compensation
Total compensation for all positions
$1,173,256.00

Full-time employees (11)
Part-time employees (1)

Professional and consulting fees
$342,875.00

Compensated full-time positions:
$40,000 to $79,999 (7)
$80,000 to $119,999 (1)
$120,000 to $159,999 (1)
$250,000 to $299,999 (1)

2017 Canada Revenue Agency Financial Information
Receipted donations $5,536,400.00 (74.59%)
Non-receipted donations $294,348.00 (3.97%)
Gifts from other registered charities $57,048.00 (0.77%)
Government funding $0.00 (0.00%)
All other revenue $1,534,522.00 (20.67%)
Total revenue: $7,422,318.00

Charitable programs $7,474,628.00 (92.30%)
Management and administration $494,142.00 (6.10%)
Fundraising $129,694.00 (1.60%)
Political activities $0.00 (0.00%)
Gifts to other registered charities and qualified donees $0.00 (0.00%)
Other $0.00 (0.00%)
Total expenses: $8,098,464.00

Compensation
Total compensation for all positions
$1,390,227.00

Full-time employees (14)
Part-time employees (4)
Professional and consulting fees
$105,665.00

Compensated full-time positions:
$1 to $39,999 (1)
$40,000 to $79,999 (8)
$80,000 to $119,999 (2)
$120,000 to $159,999 (1)
$200,000 to $249,999 (1)

Focus Humanitarian Assistance (which is part of the Aga Khan Development Network), takes in several million dollars per year and states that it is used for humanitarian purposes.

Nasser left the organization in 2013, after working as a project lead, and in donor relations. While the older tax information isn’t posted, recent years show it doing well at making money. That being said, it seems strange that it routinely seems to be spending more than it takes in.

It’s also odd that Nasser repeatedly touts the “systemic racism” narrative in Canada, but she has no issues with fundraising from those same people. In fact, there are so many people willing to donate that FHA is able to have many full time staff in its organization.

3. Munk School, Fellow Global Journalism

Designed to produce subject-specific journalists who craft beats around their areas of expertise or professional experience, this eight-month program allowed me to leverage my background in Islamic Studies to pitch and report on topics of relevance in Canadian media.

Nasser has also spent 5 years working for the CBC. With experience and credentials like this, what’s not to love? Why not embrace such a voice?

The problem is that this serious journalist has done nothing in the way of actual research. Let’s go through some of the ways that this article is not presenting the complete picture.

7. Gladue Rights Tilt Incarceration Rates

Gladue Rights not only apply to Aboriginals, but to blacks as well. Not many people know that.

Think of how bizarre this is. One or two groups of people commit crime at a much, MUCH higher rate than others, and are subsequently locked up in higher numbers. This is considered “systemic discrimination”, and the solution is to alter the laws to let them out of prison earlier.

Apparently, the prison population is supposed to reflect a random sample of society. It’s not supposed to reflect the group that commits serious crimes.

4. Black Crime Rate Is Much Higher

Just to use the 2018 data available from the FBI crime statistics, Table 43, let’s look at some numbers. This is information where the race of the criminal(s) was known. Keep in mind, that blacks make up 13% of the U.S. population. However, they commit:

  • 27% of all crime
  • 53% of murder, non-negligent manslaughter
  • 29% of rape
  • 54% of robbery
  • 34% of aggravated assault
  • 29% of all burglary
  • 32% of motor vehicle theft
  • 25% of arson
  • 29% of vandalism
  • 43% of weapons carrying
  • 39% prostitution, commercialised vice

Social justice types frequently complain about there being a much higher police presence in black communities, and there being more frequent interactions with police. While true, there is a valid reason for it: crime rates. Yet Nasser and those like her ignore the hard facts.

Interestingly, while there is hard data in crime rates and race in the U.S. and the U.K., very little information is available in Canada. This is likely to avoid having to publish the hard truths. Apologists point to the higher incarceration rates of certain groups, calling it “injustice”. Yet they tap dance around crime rates. Or when it is reluctantly admitted, rates are spun as a consequence of poverty of systemic racism.

5. FBI Data On Hate Crime Stats

According to the data on this page, 60% of single instance hate crimes were based on race/ethnicity. 54% of the offenders (where race was known) were white, and 26% were black.

Or take this data from 2015. The FBI reports that 500 whites were killed by blacks, while 229 blacks were killed by whites. This is more than a 2 to 1 ratio, just looking at the totals.

However, consider that blacks make up around 13% of the population, and whites 65%. Per capita, this works out to more than a 10 to 1 ration of interracial murder black/white that is done by blacks.

Of course these are just a small sample of the information that is available from official crime statistics. The author of the CBC article mentions none of this when talking about disbanding the police in Toronto. The narrative she helps perpetuate has nothing to do with hard numbers.

6. Floyd’s Arrest Record Was Public

This was reported over a week ago by the Daily Mail, but George Floyd had a lengthy arrest record for many serious charges. Of course, it doesn’t make it justified to kill him (I know), but puts things in a bit of a different light.

7. George Floyd Knew His Killer?

George Floyd and the police officer involved with his death, Derek Chauvin, both worked security at the same Minneapolis club, according to the club owner.

“Chauvin was our off-duty police for almost the entirety of the 17 years that we were open,” Maya Santamaria, the former owner of El Nuevo Rodeo club in Minneapolis, which was sold months prior to the incident, told KSTP in an interview Thursday.

Floyd worked at the club for about a year, but Santamaria said he was one of 20 or 30 employees hired for security on the busiest nights in addition to off-duty police, and is not sure if the pair ever actually spoke to one another.

Newsweek reported that George Floyd and Derek Chauvin has worked at the same club in Minneapolis. Chauvin had been there (as a side job) for 17 years, while Floyd had been there for a year.

To be fair, the article does add the disclaimer that they may not have worked together directly. Still, knowing they were colleagues does make one rethink the entire situation. This death may have absolutely nothing to do with race. It could have just been an intentional murder for any number of reasons. Yet another detail not focused on by the CBC.

8. These Riots Are Being Coordinated

As riots continue to wreak havoc on cities across the country, officials have continued to point to “outside influencers,” along with anarchists and opportunists, who have hijacked the otherwise peaceful demonstrations against police brutality following the death of an African-American man, George Floyd, in Minneapolis last weekend.

According to multiple U.S. intelligence sources, law-enforcement officials in various departments nationwide and analysts monitoring the activity, the playbook in every city is almost the same: the peaceful protests are organized, and a point place is designated for people to gather in the daylight hours.

But, as the night falls and thousands go home, the looting and discord are ignited by a fresh round of people camouflaged with dark clothing and masks, armed with spray paint for graffiti and sometimes homemade weapons, and their nefarious behavior continues well into the early hours.

Although this article is too short to do the topic justice, it’s becoming evident that there is some real organization within the protests for George Floyd. Fox also has covered it, concluding as well that these riots are being carefully planned. There is nothing spontaneous or organic about this.

Bricks are (allegedly) being dropped off to locations so that they can be used to make a riot more destructive. Riots have been quickly assembled and coordinated globally. This is not simply restricted to the United States, as any quick search engine check can verify.

Some obvious questions: Who is coordinating the riots? Why are they doing it? What is the end-goal? How are they managing to put it all together?

But instead of asking the tough questions, mainstream media personalities are deflecting. Instead, they shift to topics like Should we abolish the police?

One also has to wonder what is going on when the official narrative on the coronavirus “pandemic” suddenly flips like this. In early 2020, we were told by the Government that the situation in China is no big deal and to get on with our lives. Starting in March, it was an emergency and severe measures had to be taken. Now, gathering in large groups to protest is no big deal, just don’t yell.

12. Systemic Racism Narrative Pushed

Any online search will uncover a host of material saying that in the wake up George Floyd’s death, racism must be stamped out. In particular, the narrative that white supremacy caused it is being thrown in our faces.

The fact that all four police officers were of difference ethnicities (quite the diverse squad), seems irrelevant in this narrative. The media keeps pushing the claim that white racism is responsible for the death.

Obvious question where: WHY is this narrative being pushed? Why aren’t questions such as the Floyd/Chauvin relationship being explored in greater detail? How did George Floyd really die? Why isn’t there more in depth research going on into the planning and coordination of these global riots? Who is financing these riots, and what is their interest? Why aren’t people in the media asking about the anti-white push (unless they are the ones pushing it)?

These are just some of the hard questions that need to be asked. But “journalists” like Shanifa Nasser are not doing that. Instead, they try to divert to other issues, like abolishing or at least downsizing the police.

CLICK HERE, for Shanifa Nasser’s article on defunding police.
http://archive.is/wip/S7wCa
CLICK HERE, for Shanifa Nasser’s LinkedIn profile.
http://archive.is/lb5vB
CLICK HERE, for Focus Humanitarian Assistance info.
http://archive.is/sEXRb
CLICK HERE, for Daily Mail on Floyd arrest record.
http://archive.is/7gmPo
CLICK HERE, for Table 43, FBI 2018 crime stats.
http://archive.is/8NuV1
CLICK HERE, for Floyd & Chauvin knew each other.
http://archive.is/GAYBB
CLICK HERE, for Floyd riots being coordinated.
http://archive.is/nGukb
CLICK HERE, for Tam supports groups for protesting.

https://apps.irs.gov/app/eos/
EIN: 52-1937154

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Media Games: Has Trudeau Been Swapped Out With Someone Else?

Is this the same man? Are they both Justin Trudeau?

The man on the right appears to have a bruise on the left cheek. The bridge of this nose is flatter, and the nostrils are more pronounced. The brow ridge also looks more defined.

1. Media Bias, Lies, Omissions And Corruption

CLICK HERE, for #1: Unifor in bed with Federal Gov’t
CLICK HERE, for #2: Global News’ selective truth on TRP granted.
CLICK HERE, for #3: Post Media owning most Canadian media.
CLICK HERE, for #4: conservative content dominated by Koch/Atlas.
CLICK HERE, for #5: origins of Malcolm’s “charity” True North Canada.
CLICK HERE, for #6: the people running the Post Millennial.
CLICK HERE, for #7: how to do research, investigative journalism.
CLICK HERE, for #8: Koch/Atlas both sides, AB court challenge.
CLICK HERE, for #9: picking up on predictive programming.
CLICK HERE, for #10: Trudeau Foundation & media embeds.

2. “Dave” Movie Released In 1993

Dave Kovic runs a temporary employment agency in Georgetown, Washington, D.C., and has a side job impersonating President Bill Mitchell. He is requested by Secret Service agent Duane Stevensen to make an appearance as the president at a hotel. Dave assumes it is a matter of security, but it is really to cover up Mitchell’s extramarital affair with a White House staffer.

Mitchell suffers a severe stroke during the rendezvous, leaving him in a coma. White House Chief of Staff Bob Alexander and Communications Director Alan Reed convince Dave to continue impersonating the president, telling him that Vice President Gary Nance is mentally unbalanced. Only Bob, Alan, the Secret Service, and the medical staff know of the switch. First Lady Ellen Mitchell leads a separate life, rarely seeing the president, in contrast to their public image of a closely knit couple.

The public is notified that Mitchell has had a “minor circulatory problem of the head”. With Dave established as president, Bob and Alan send Nance on a 12-nation goodwill tour of Africa and implicate him in savings and loan fraud. Once Nance is forced to resign, Bob plans for Dave to nominate him as vice president, whereupon Mitchell will have a more serious stroke and Bob will ascend to the Presidency.

After apologizing to Nance and the country, Dave fakes a stroke and makes a switch with the real Mitchell in an ambulance en route to the hospital. Nance becomes acting president under the terms of the 25th Amendment and is sworn in as president five months later when Mitchell dies. Bob and eight other members of the Mitchell administration are indicted two days after Dave’s jobs initiative passes.

The above is quotes of a plot synopsis that Wikipedia provides. In short, an imposter ascends to the Presidency, and the intent is to have someone take over.

Interestingly, in the movie, there are “conspiracy nuts” who try to raise attention that the President has been swapped out with someone else.

Why is this important? Because it could be an instance of predictive programming. There are rumours circulating that the man occupying 24 Sussex is not Justin Trudeau, but a double. There have also been claims that Chrystia Freeland (now Deputy Prime Minister), is being groomed to take over.

Absurd conspiracy theory? Or is there something more substantive behind it?

As an aside, Kevin Kline looks at lot like the new Melinda Gates, except with a haircut. This is not meant as an insult, but stating an observation. And Melinda doesn’t look anything what we were used to seeing.

3. Recent Changes In Justin Trudeau

The screenshot on the left was taken from the October 2019 election victory speech. The one on the right is from a March 2020 press conference. This Justin Trudeau has a gap between his front teeth, something that hadn’t been noticed before. One interesting trait is that the newer Justin rarely (if ever smiles), which may be a deliberate attempt to make the gap less obvious.

There are virtually no photos available of Trudeau smiling since he returned from his trip to Costa Rica. While he once would flash a smile at any time, the “new” Trudeau has become much more reserved.

The gray on the right was the choice of the publisher, so please ignore. Trudeau looks to have aged a decade between the pictures, but it was really 2 1/2 months. And most of that time, Trudeau was on vacation. The dates are: October 21, 2019, and January 6, 2020.

A lot of media hoopla came out when Trudeau finally returned to Canada, sporting his new beard. Thing is, is isn’t much of a beard, just thick stubble. In his early days in Parliament, Trudeau adopted the Captain Morgan look. Yet all of this is glossed over.

True, wearing the masks is part of the psy-op. That said, there is another benefit: it helps obscure differences in THIS Trudeau’s face. If this is a different person, then it’s wise to avoid drawing attention to it.

It could be argued that these physical differences are circumstantial. Fair enough, except Trudeau seems to have undergone a personality change as well. He is far more measured and controlled, and has lost a lot of his joking side. This may be seen as a sign of maturity, if he didn’t hide from the public 23 1/2 hours per day.

Same man, just aging very badly? Or is it a duplicate, who just wants us to “think” that it’s the real person, but just aging badly?

Look at the tip of his nose, real Justin has a bump, double doesn’t Eye brows and eyes not the same. Ear lobes are different. No teeth in this one, we already know they don’t match.

The double looks like his eye brows are waxed to get that shape.

Comment from YouTuber, Blue Apple

Does it look like the features match? Ears, nose, chin?

4. Staged Affection With Sophie

From the 2020 Canada Day announcement. Considering Justin’s well known boundary issues, this seems incredibly forced and staged. Almost like they weren’t a real couple. Also, are they in front of a green screen?

5. Did “Dave” Become A Reality?

Yes, this comes across as an absurd conspiracy theory. However, this doesn’t at all look like the same man who has been the Prime Minister for the last session.

At a quick glance, this man looks similar enough as to not generate much thought. However, when you look more closely, the differences start showing through.

While the physical differences may not seem like a cause for concern, it’s worth pointing out that Trudeau (at least this version of him), seems to have had his personality removed. His antics and snarkiness have all but vanished. If this isn’t a placeholder, then what is it?

And why hasn’t the media reported on it, or asked questions? It could be that since so many of them belong to the Trudeau Foundation, they have no interest in this issue.

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Bill C-32/C-75; Lowered Age Of Consent; Reduced Penalties For Crimes Against Children

In 2016, Justin Trudeau announced that it was a priority to lower the age of consent for anal sex from 18 to 16. This was done under the guise of equality, and not treating people differently due to sexual orientation.

A mea culpa to begin with: although Bill C-75 was covered in the fall of 2018 (see previous review), it seems that I missed the more subtle aspect of the bill. Watering down penalties for terrorism offences was only part of it. C-75 was also a smokescreen for bringing more degeneracy to Canada, but under the radar. Yes, most terrorism committed in the West is done by Muslims, and that was how to accomplish this.

The agenda can be summarized as such:

  • Focus on ideology, reduced terrorism penalties
  • Let other perversions slip through

Most commentators (yes, guilty here too), focused on the terrorism and let far too much of the other content go pretty much unnoticed. It’s time to fix that.

One particular example, was the Prime Minister using the opportunity to slip in a clause to lower the age of consent (for anal) from 18 years old to 16, by repealing Section 159 of the Criminal Code. It was previously introduced in Bill C-32, but because of a public backlash, it never got past first reading. By embedding it in Bill C-75 instead, it passed almost unnoticed.

After some serious thought, this article will be made part of the TSCE series (trafficking, smuggling, & child exploitation). The reason being, that Bill C-75 makes it easier to harm children by reducing the penalties for child predators and child sex predators.

1. Bill C-32 Introduced In November 2016

Criminal Code
Amendment to the Act
R.‍S.‍, c. 9 (3rd Supp.‍), s. 3
1 Section 159 of the Criminal Code is repealed.

Clause 1: Existing text of section 159:
.
159 (1) Every person who engages in an act of anal intercourse is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.
.
(2) Subsection (1) does not apply to any act engaged in, in private, between
(a) husband and wife, or
(b) any two persons, each of whom is eighteen years of age or more,
both of whom consent to the act.
.
(3) For the purposes of subsection (2),
(a) an act shall be deemed not to have been engaged in in private if it is engaged in in a public place or if more than two persons take part or are present; and
(b) a person shall be deemed not to consent to an act
(i) if the consent is extorted by force, threats or fear of bodily harm or is obtained by false and fraudulent misrepresentations respecting the nature and quality of the act, or
(ii) if the court is satisfied beyond a reasonable doubt that the person could not have consented to the act by reason of mental disability.

Yes, lowering the age of consent for anal sex was apparently a priority of the Trudeau Government from early on. One has to wonder why there is this level of pandering. A cynic may suspect there could be a personal stake in getting the age lowered.

However, the public was very unhappy and suspicious about this bill, and why this was a priority for the government. What is interesting is that although Bill C-32 never got past first reading, the idea of lowering the age of consent still went ahead. Instead, it would be slipped into Bill C-75.

A serious alternative: if Trudeau wants all sexual acts to be treated the same, what would be wrong with RAISING the age of consent for all acts to 18? This is normal in many countries.

2. Bill C-75 Brought In March 2018

Yes, just a single line in Bill C-75 mentions the repeal of Section 159 of the Canadian Criminal Code. Of course, if you didn’t know what to look for, or didn’t have a copy handy. you wouldn’t know what it meant.

Think this over: Bill C-32 was met with public hostility over the proposal to lower the age of consent for anal sex. So that Bill is allowed to die, while the provision is slipped into Bill C-75.

  • Keep talking about (Islamic) terrorism, penalties
  • Let other degeneracy, perversions go ahead

The sleight-of-hand worked out as planned. While Canadians were rightly shocked at the prospect of having terrorism offences hybridized (available for either summary or indictable method for trial), instead of only the more serious indictable, this was allowed to pass. That way, the other items would get little to no scrutiny. And yes, this site is also guilty of the oversight.

3. Bill C-75 Used Partly To Divert Attention

These are the areas of Bill C-75 which the media focused on. Certainly, they are very serious, and need to be addressed. These are the offences which are now “hybridized”, meaning they are eligible to be tried summarily.

  • Section 52: Sabotage
  • Section 65: Rioting
  • Section 69: Neglect by peace officer
  • Section 82: Possession of explosives
  • Section 83.02: Providing property for certain purposes
  • Section 83.03: Making services/property available for terrorism
  • Section 83.04: Using property for terrorism purposes
  • Section 83.18(1): Participation in terrorist activity
  • Section 83.181: Leaving Canada to participate in terrorism
  • Section 83.23(1): Concealing who carried out terrorism
  • Section 280(1): Abduction of child under age 16
  • Section 281: Abduction of child under age 14

Now let’s briefly address some of the more disturbing aspects of Bill C-75 that weren’t covered by the mainstream or alternative media.

  • Section 58: Fraudulent use of citizenship
  • Section 159: Age of consent for anal sex
  • Section 172(1): Corrupting children
  • Section 173(1): Indecent acts
  • Section 180(1): Common nuisance
  • Section 182: Indecent interference or indignity to body
  • Section 210: Keeping common bawdy house
  • Section 211: Transporting to bawdy house
  • Section 242: Not getting help for childbirth
  • Section 243: Concealing the death of a child
  • Section 279.02(1): Material benefit – trafficking
  • Section 279.03(1): Withholding/destroying docs — trafficking
  • Section 279(2): Forcible confinement
  • Section 291(1): Bigamy
  • Section 293: Polygamy
  • Section 293.1: Forced marriage
  • Section 293.2: Child marriage
  • Section 295: Solemnizing marriage contrary to law
  • Section 435: Arson, for fraudulent purposes
  • Section 467.11(1): Participating in organized crime

See what’s going on here? The focus is on some of the more blatant and obvious crimes, and how they have become “hybridized” offences. Yet some extremely serious ones are mostly ignored, despite the same thing happening to them.

In later sections of the bill, it discusses access to justice, and reducing the standards for accused people to be released until trial.

4. Hybridization Of Offences Continues

Corrupting children
172 (1) Every one who, in the home of a child, participates in adultery or sexual immorality or indulges in habitual drunkenness or any other form of vice, and thereby endangers the morals of the child or renders the home an unfit place for the child to be in, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

172 (1) Every person who, in the home of a child, participates in adultery or sexual immorality or indulges in habitual drunkenness or any other form of vice, and by doing so endangers the morals of the child or renders the home an unfit place for the child to be in, is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.
(2) [Repealed, R.S., 1985, c. 19 (3rd Supp.), s. 6]

Indecent acts
173 (1) Everyone who wilfully does an indecent act in a public place in the presence of one or more persons, or in any place with intent to insult or offend any person,
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years; or
(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than six months.

Indecent acts
173 (1) Everyone who wilfully does an indecent act in a public place in the presence of one or more persons, or in any place with intent to insult or offend any person,
(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years; or
(b) is guilty of an offence punishable on summary conviction.

Yes, corrupting children, and committing indecent acts against children now, thanks to the Trudeau Government, are eligible to be tried summarily. How exactly does this help protect children? The punishments for doing these crimes are reduced.

Common nuisance
180 (1) Every one who commits a common nuisance and thereby
(a) endangers the lives, safety or health of the public, or
(b) causes physical injury to any person,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

Common nuisance
180 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who commits a common nuisance and by doing so
(a) endangers the lives, safety or health of the public, or
(b) causes physical injury to any person.

Also worth noting is that Section 181 (spreading fake news to create mischief) has been repealed as a criminal offence.

Marginal note:
Dead body
182 Every one who
(a) neglects, without lawful excuse, to perform any duty that is imposed on him by law or that he undertakes with reference to the burial of a dead human body or human remains, or
(b) improperly or indecently interferes with or offers any indignity to a dead human body or human remains, whether buried or not,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
R.S., c. C-34, s. 178

note:
Dead body
182 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who
(a) neglects, without lawful excuse, to perform any duty that is imposed on him by law or that he undertakes with reference to the burial of a dead human body or human remains, or
(b) improperly or indecently interferes with or offers any indignity to a dead human body or human remains, whether buried or not.
R.S., 1985, c. C-46, s. 1822019, c. 25, s. 63

Interfering with a dead body, even indecent interference, or indignity to a corpse can now be tried summarily.

Neglect to obtain assistance in child-birth
242 A female person who, being pregnant and about to be delivered, with intent that the child shall not live or with intent to conceal the birth of the child, fails to make provision for reasonable assistance in respect of her delivery is, if the child is permanently injured as a result thereof or dies immediately before, during or in a short time after birth, as a result thereof, guilty of an indictable offence and is liable to imprisonment for a term not exceeding five years.
R.S., c. C-34, s. 226

Neglect to obtain assistance in childbirth
242 A female person who, being pregnant and about to be delivered, with intent that the child shall not live or with intent to conceal the birth of the child, fails to make provision for reasonable assistance in respect of her delivery is, if the child is permanently injured as a result of the failure or dies immediately before, during or in a short time after birth, as a result of the failure, guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 242 2019, c. 25, s. 82

Yes, it’s no big deal if you don’t bother to call for help when about to give birth. If the child dies, covering it up doesn’t seem very important either. What a twisted direction to be going.

Concealing body of child
243 Every one who in any manner disposes of the dead body of a child, with intent to conceal the fact that its mother has been delivered of it, whether the child died before, during or after birth, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
R.S., c. C-34, s. 227

Concealing body of child
243 Every person who in any manner disposes of the dead body of a child, with intent to conceal the fact that its mother has been delivered of it, whether the child died before, during or after birth, is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 243 2019, c. 25, s. 82

As for those people wanting to participate in multiple marriages, forced marriages, child marriages, or other such abominations, guess what? Lesser penalties are heading your way.

Polygamy
293 (1) Every one who
(a) practises or enters into or in any manner agrees or consents to practise or enter into
(i) any form of polygamy, or
(ii) any kind of conjugal union with more than one person at the same time,
whether or not it is by law recognized as a binding form of marriage, or
(b) celebrates, assists or is a party to a rite, ceremony, contract or consent that purports to sanction a relationship mentioned in subparagraph (a)(i) or (ii),
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

Polygamy
293 (1) Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who
(a) practises or enters into or in any manner agrees or consents to practise or enter into any form of polygamy or any kind of conjugal union with more than one person at the same time, whether or not it is by law recognized as a binding form of marriage; or
(b) celebrates, assists or is a party to a rite, ceremony, contract or consent that purports to sanction a relationship mentioned in paragraph (a).

Polygamy typically involves one man having several wives. It opens the door to abuse and exploitation, since the “wives” generally don’t have the same rights as the man. Of course, there is nothing to say that these are child marriages and/or forced marriages.

Forced marriage
293.1 Everyone who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is marrying against their will is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
2015, c. 29, s. 9.

Forced marriage
293.1 Every person who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is marrying against their will is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction
2015, c. 29, s. 92019, c. 25, s. 115.

Forced marriage amounts to sex slavery. Typically, it is a very young girl forced to “marry” a much, MUCH older man. What sane person would make this eligible to be tried as a summary offence? This crosses the line for any so-called cultural accommodations and crosses into (child) exploitation.

Marriage under age of 16 years
293.2 Everyone who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is under the age of 16 years is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
2015, c. 29, s. 9

Marriage under age of 16 years
293.2 Every person who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is under the age of 16 years is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.
2015, c. 29, s. 92019, c. 25, s. 115

Given that very young children are not able to give informed consent, would this not be the same exploitation and child sex slavery as addressed above?



Marginal note:
Pretending to solemnize marriage
294 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years who
(a) solemnizes or pretends to solemnize a marriage without lawful authority; or
(b) procures a person to solemnize a marriage knowing that he is not lawfully authorized to solemnize the marriage.
R.S., 1985, c. C-46, s. 2942018, c. 29, s. 29

Pretending to solemnize marriage
294 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years or is guilty of an offence punishable on summary conviction who
(a) solemnizes or pretends to solemnize a marriage without lawful authority; or
(b) procures a person to solemnize a marriage knowing that he is not lawfully authorized to solemnize the marriage.
R.S., 1985, c. C-46, s. 2942018, c. 29, s. 292019, c. 25, s. 116.

Why would someone pretend to solemnize a marriage? It could be because the terms of the marriage would not be accepted in everyday society, such as child marriages, or forced marriages.

Arson for fraudulent purpose
435 (1) Every person who, with intent to defraud any other person, causes damage by fire or explosion to property, whether or not that person owns, in whole or in part, the property, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

Arson for fraudulent purpose
435 (1) Every person who, with intent to defraud any other person, causes damage by fire or explosion to property, whether or not that person owns, in whole or in part, the property, is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b) an offence punishable on summary conviction.

So burning down your place of business or home (and endangering the public) could possibly be tried summarily. Just make sure that you set the fire for the insurance money.

Participation in activities of criminal organization
467.11 (1) Every person who, for the purpose of enhancing the ability of a criminal organization to facilitate or commit an indictable offence under this or any other Act of Parliament, knowingly, by act or omission, participates in or contributes to any activity of the criminal organization is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

Participation in activities of criminal organization
467.11 (1) Every person who, for the purpose of enhancing the ability of a criminal organization to facilitate or commit an indictable offence under this or any other Act of Parliament, knowingly, by act or omission, participates in or contributes to any activity of the criminal organization is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction.

Smuggling children across the border, or providing children for these marriages could be considered organized crime. Perhaps that is why they were included in the hybridization list.

And of course, lowering the age of consent for anal sex was addressed in previous sections. There are many provisions in Bill C-75 that were not addressed. The likely reason was that the terrorism changes made were so shocking.

5. Submissions In Bill C-75 Hearings

CanadianAllianceForSexWorkLawReform-e
The Canadian Alliance for Sex Work Law Reform made a submission for the Bill C-75 hearings, asking for restrictions to sex work be removed. The rationale being that having portions of the “job” that were not fully legal endangered the workers and limited their access to courts and the police if need be.

UNICEFCanada-e
UNICEF also made a submission in the hearings. They claim that their mandate is to advocate for the well being of all children. That extends to both child victims of crime, and child criminals. While the intent may be good, foreign institutions should not be trying to influence Canadian law.

CanadianCentreForGenderSexualDiversity-e
The Canadian Centre for Gender & Sexual Diversity made a submission, including a list of items they thought should have been included in Bill C-75.
1-Bill C-75 fails to address sex work criminalization
2-Bill C-75 fails to protect intersex children from non-consensual surgery
3-Bill C-75 fails to repeal the ‘bawdy house’ laws or obscenity laws that disproportionately affect queer and trans people
4-Bill C-75 fails to properly define marginalized person

VancouverRapeReliefAndWomensShelter-e
The Vancouver Rape Relief wrote in support of the “reverse-onus” burden in domestic violence cases, where men would have to show that they deserve bail. However, the group laments that “rich white men” will be able to get off the hook, while men of colour will more often remain locked up. Oh, intersectionality at its finest.

CanadianCentreForChildProtection-e
The Canadian Center for Child Protection spoke very critically about certain changes which would weaken the penalties for abduction of children and forced marriages. A well written piece, but pretty sad that these facts need to be stated.

It was also addressed in the previous review that changes were being made to (for the most part) make it easier for accused criminals to get out on bail and to remain out even when breaching conditions. Crime just isn’t something the government takes seriously.

6. Liberals All Voted For This

All Liberal MPs voted for Bill C-75. Every single one who was in the House of Commons. They all voted for a Bill that reduces the criminal penalties for terrorism offences, and crimes against children. Regardless of whether the vote was whipped (it probably was), MPs in the government should have been standing up against this.

7. More Then Just Terrorism At Stake

The review from 2018 seems to be incomplete, so a follow up was called for. While terrorism related charged were prominent in the bill, there were many other things that needed to be addressed as well.

Slipping in content from Bill C-32 (lowering the age of consent for anal sex) was just one thing that wasn’t discussed in the media. Seems that when Bill C-32 died, the discussion died as well. A cynic might wonder if the exclusive focus on the terrorism elements was deliberate.

(a) Focus on the reduced penalties for terrorism offences
(b) Ignore the degeneracy, child exploitation aspects of the bill

In watering down penalties in this manner, the Trudeau Government puts people — particularly children — in danger. It is difficult to comprehend how this makes children safer when the potential punishments for crimes against children are reduced.

Under the guise of criminal justice reform, the Trudeau Government is making it more likely that children will continue to be harmed. After all, Bill C-75 reduces potential penalties for serious crimes against children.

Hopefully this gives a more rounded summary of Bill C-75 than the what last article did.

(1) https://canucklaw.ca/canadas-bill-c-75-watering-down-penalties-for-terrorism-rioting-weapons/
(2) https://www.parl.ca/LegisInfo/BillDetails.aspx?Language=E&billId=8587634
(3) http://archive.is/p1AqH
(4) https://www.parl.ca/DocumentViewer/en/42-1/bill/C-75/royal-assent
(5) http://archive.is/QYxr0
(6) https://laws-lois.justice.gc.ca/eng/acts/C-46/
(7) https://www.ourcommons.ca/Committees/en/JUST/StudyActivity?studyActivityId=10210275
(8) http://archive.is/efXwo

Posted on

Have An Actual Entry/Exit Tracking System In Canada

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

1. Previous Solutions Offered

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

2. Important Links

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

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

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

3. Context For This Article

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

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

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

4. Trudeau: 4+ Years To Implement

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

5. Previous Efforts At Entry/Exit

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

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

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

6. Tourists Coming Into Canada Annually

TRV = Temporary Resident Visa
eTA = Electronic Travel Authorization

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

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

7. “Inadmissibles” Let Into Canada Anyway


(Source: 2019 Annual Report to Parliament on Immigration)

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

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

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

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

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

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

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

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

8. Ghost Students Coming On Visas

(StatsCan research on students, including fake student visas)

(Large numbers of student visa holders are not enrolled)

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

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

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

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

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

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

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

9. Scale Of Students/Temp Workers

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

2004 56,536 90,668 – 147,204

2005 57,476 99,146 – 156,622

2006 61,703 112,658 – 174,361

2007 64,636 165,198 – 229,834

2008 79,509 192,519 – 272,028

2009 85,140 178,478 – 263,618

2010 96,157 182,276 – 278,433

2011 98,383 190,842 – 289,225

2012 104,810 213,573 – 318,383

2013 111,865 221,310 – 333,175

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

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

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

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

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

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

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

10. Visa Overstayers In Canada

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

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

11. Work Permits For Illegals

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

(Sept 28, 2017 “Evidence”)

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

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

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

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

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

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

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

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

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

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

12. Amnesty For Illegals Started Up

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

(Canadian Labour Congress)

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

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

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

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

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

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

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

13. Sanctuary Cities/Provinces

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

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

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

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

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

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

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

14. Impact Of Not Tracking Exits

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

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

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

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

Posted on

Gladue 2.0: Blacks Also Get Race-Based Discount In Sentencing, What The Media Missed

1. Important Links

(1) https://canucklaw.ca/race-based-discounts-in-criminal-courts/
(2) https://canucklaw.ca/child-killer-gets-transfer-to-healing-lodge-because-of-her-race/
(3) https://canucklaw.ca/public-policy-7-abolish-gladue-fix-underlying-problems/
(4) https://laws-lois.justice.gc.ca/eng/Const/page-15.html

Aboriginal Specific Cases
(A) R. v. Gladue, 1997 CanLII 3015 (BC CA)
http://archive.is/QKazg
(B) R. v. Gladue, 1999 CanLII 679 (SCC), [1999] 1 SCR 688
http://archive.is/vSWlo
(C) R. v. Ipeelee, 2012 SCC 13 (CanLII), [2012] 1 SCR 433
http://archive.is/Ol7tw

2. Context For This Article

Much of the Canadian public knows about “Gladue Rights”, which is essentially a race-based discount given to Aboriginal defendants in criminal proceedings. In short, judges must consider systemic racism and other discrimination, and search for ways to reduce their sentences.

However, this does not extend only to Aboriginals. Blacks can also use many of the same excuses in pleading for reduced punishment for crimes they commit.

Everyone, regardless of their race, should be against this. The only way a society works is when everyone is treated the same way for their actions. One group should not benefit, or be hindered by unequal laws.

3. Court Cases For Blacks

Here are some recent court cases in which “racial discrimination” or “system racism” was taken into account by judges sentencing black felons. This is not the complete list.

(A) R. v. Borde, 2003 CanLII 4187 (ON CA)
http://archive.is/xfD1s
(B) R v Reid, 2016 ONSC 954 (CanLII)
http://archive.is/QgCtC
(C) R. v. Diabikulu, 2016 BCPC 390 (CanLII)
http://archive.is/PNiAG
(D) R. v. Deng, 2017 BCPC 225 (CanLII)
http://archive.is/MwPKY
(E) R. v. Jackson, 2018 ONSC 2527 (CanLII)
http://archive.is/GGEDy
(F) R. v. Shallow, 2019 ONSC 403 (CanLII)
http://archive.is/Koklf
(G) R. v. Faulkner, 2019 NSPC 36 (CanLII)
http://archive.is/fW8hj
(H) R. v. Kabanga-Muanza, 2019 ONSC 1161 (CanLII)
http://archive.is/m36ac

Again, this is not nearly all of them, but a snapshot into what the legal system (it’s not really a justice system) has become in Canada.

4. Looking At A Cultural Assessment

[17] Cultural Assessment – Completed by Mr. R. Wright, MSW, RSW. It is extensive, well-informed and well-researched.
The Nature of an Impact of Race and Culture Assessment
Though much has been written about the intersection of race and the criminal justice system, and in particular the experience of North Americans of African descent, until the development of IRCA’s (sic) there had been no recognized form for the presentation of such a report. That people of African descent have been overrepresented among incarcerated persons in Canada has been studied by academics, justice system leaders, and activist persons. The Office of the Correctional Investigator took special notice of the conditions of inmates of African descent in federal correctional institutions in its year end report in 2013. It concluded:

“Black inmates are one of the fastest growing sub-populations in federal corrections. Over the last 10 years, the number of federal incarcerated Black inmates has increased by 80% from 778 to 1,403. Black inmates now account for 9.5% of the total prison population (up from 6.3% in 2003/04) while representing just 2.9% of the general Canadian population.” (p.8)

Now, 4 years after the advent of these reports in the well publicized YCJA matter described as R v. X, IRCAs have been widely accepted in Nova Scotia courts and have also been conducted in Ontario. Though I fully respect that the experience of aboriginal Canadians is quite unique, and I have no wish to expropriate or exploit their struggle and leadership, I nevertheless need to acknowledge that my development of IRCAs has been influenced by my familiarity with Gladue reports. Like Gladue reports, the goal of IRCAs is to provide courts with more background information about an offender’s race and cultural background to assist the court at arriving at a just sentence: A sentence that considers the circumstances of the offender, alternatives to incarceration, and does not further contribute to the systemic problems of overrepresentation of persons within correctional populations. This principle is generally stated in the Criminal Code of Canada with particular attention given to Aboriginal offenders:

718.2 A court that imposes a sentence shall also taken into consideration the following principles:
(e) all available sanctions, other than imprisonment, that are reasonable in the circumstances and consistent with the harm done to victims or to the community should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders.

In keeping with these principles, it is a founding premise of IRCAs that a person’s race and cultural heritage should be considered as a significant factor in considering their sentence n a criminal matter. Not just because of cultural responses to normal stressors, but also because of the forces of racism that person experience and our growing understanding of how this affects outcomes when one encounters the justice and other government systems. In Nova Scotia we have significant reason to understand these effects. We are the province of the Royal Commission on the Donald Marshall, Jr., Prosecution (1989), which opening paragraph is very telling:

The criminal justice system failed Donald Marshall, Jr. at virtually every turn from his arrest and wrongful conviction for murder in 1971 up to, and even beyond, his acquittal by the Court of Appeal in 1983. The tragedy of the failure is compounded by evidence that this miscarriage of justice could – and should – have been prevented, or at least corrected quickly, if those involved in the system had carried out their duties in a professional and/or competent manner. That they did not is due, in part at least, to the fact that Donald Marshall, Jr. is a Native. (p.1)

We are also the province of the Black Learners Advisory Committee Report on Education: Redressing Inequity – Empowering Black Learners (1994). This report was produced as part of a comprehensive study of the education inequities that exist for African Nova Scotians (ANS). It produced 3 volumes of materials and 30 recommendations for education reform. That systemic racism exists in the Nova Scotia education system was well described by this report:

“Black Nova Scotians, like other Black Canadians, are victimized by a racist ideology and a racist social structure. Racism permeates the entire social, economic, political and cultural environment of Nova Scotian and Canadian….

During the BLAC research, we encountered widespread condemnation of the education system as biased, insensitive and racist. Systemic racism was seen as manifested in student assessment and placement; in labelling of large numbers of Black students as slow learners or having behaviour problems; in steraming (sic); in low teacher expectation; in denigration by and exclusion of Blacks from the curriculum; and in the total lack of responsiveness to the needs of Black learners and concerns of the Black community.” (pp. 34, 35)

Similarly, the differential and disadvantageous experience of African Canadians in the federal corrections system has been documented by the Office of the Correctional Investigator in it year end report in 2013. Nova Scotia’s review of the Mental Health and Addictions system produced the Together We Can Strategy (2012) found that African Nova Scotians were among a number of diverse communities whose mental health and addictions treatment needs had not yet been served sufficiently. This Nova Scotian finding was identified earlier in a national study completed by a subcommittee of the Mental Health Commission of Canada. The document they produced: Improving Mental Health Services for Immigrant, Refugee, Ethno-Cultural and Racialized Groups: Issues and Options for Service Improvement (2009). It is interesting to note, that I served on the MHCC subcommittee and was a contributor to that report. Ms. Lana MacLean, my colleague and friend who is also a person who conducts IRCAs served on the committee that produced the Nova Scotia review document.

Knowing all of this, an IRCA then seeks to understand how an individual’s ANS heritage and interaction with formal and informal systems has affected their involvement in criminal behaviour, will be a factor in their treatment while incarcerated, and will be a factor in their rehabilitation and reintegration in the community. These issues are consistent with the expectations of the report described in Judge Curran’s order requesting: “preparation of a cultural assessment report regarding his African Nova Scotian background and any cultural factors and racial factors which are suggested to be systemic in nature, but may also have individual impacts on him,” Examination of “the role played by Derek Demitrius Faulkner’s cultural and racial background with respect to the criminal offence herein.”

Preparation of this Report
In preparing this report I have participated in the following activities:
• Interview in person of Mr. Faulkner at Northeast Nova Scotia Correctional Facility
• Review of JEIN report, Crown Brief and other Disclosure material
• Interview by phone of Mr. Michael Dull, counsel for Mr. Faulkner in the civil matter
• I attempted contact with other collaterals but were not able to reach them in time for the drafting of this report. I will continue to reach out to collaterals in the event that I am called to testify on this report.

According to the cultural report, Nova Scotians engage in system racism. This is the case of R. v. Faulkner, 2019 NSPC 36 (CanLII).

It had nothing to do with any of the AGGRAVATING FACTORS that were cited in Paragraph 5 of the sentencing report

II AGGRAVATING FACTORS
(1) Robbery is inherently violent and there were implied threats of violence to clerk #1 and specific to #2
(2) Lengthy record including two robberies, 2005/2009
(3) Accused released from custody; breached release
(4) Prolonged nature of the offence – accused was in store for over an hour
(5) Clerk asked member of public to call police

Nothing to do with committing a robbery and making threats.
Nothing to do with a robbery in 2005.
Nothing to do with a robbery in 2009.
Nothing to do with other criminal convictions.
Nothing to do with being in the store over an hour.
Nothing to do with breaching conditions of release.
The court needs to consider the “systemic racism” that blacks face.

Yeah, it’s all about those racist Nova Scotians. Turned him into a career criminal.

5. Section 15 Of Canadian Charter

Equality Rights
Marginal note:
Equality before and under law and equal protection and benefit of law
15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Marginal note:
Affirmative action programs
(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

Serious question: under the Canadian Charter, would this count as a law that ameliorates conditions of disadvantaged individuals? Guess we aren’t so equal after all.

6. Follow-up To Old Story

This topic was covered in a previous article in June last year. It was reported that this may become the law of the land. Admittedly I should have checked deeper into it at the time.

However, it seems that these cases have been going on for many years. The National Post just missed that detail. It just has not been codified into law — yet.

How exactly do we live in any sort of just society, when there are different rules and standards for people based on their skin colour? This completely flies in the face of equality under the law, which SHOULD apply to everyone.

7. 3 Levels Of Justice Now?

Under the Gladue ruling, judges are REQUIRED to take an Aboriginal person’s background into account when handing down sentencing. There is no discretion in the matter.

However, for blacks, judges MAY take race and circumstances into account, but this is not mandatory.

Everyone else, though, must take responsibility for their own actions. They don’t have the race card to play.