LWOB was conceived in January of 2000 to create a global association of lawyers committed to internationally oriented Pro Bono service and rule of law.
It is not clear from this. Does the group wish:
1/ To enforce and aid “local” people in their own countries?
2/ To promote a single legal standard?
Who Are LWOB Supporter?
If you or your organization would like to become a founding partner, pro bono supporter (in kind service), or financial supporter of LWOB, please contact us.
LWOB supporters include lawyers and institutions from the most highly regarded circles in the international legal community who provide generous financial support and pro bono human and in-kind resources to LWOB programming and projects. LWOB depends upon the generosity of its donors and funds from grants to underwrite operational overhead and non-grant funded rule of law programming.
LWOB welcomes its newest supporter, easyprojects.net and recognizes them for their generous donation of premium access to their project management tool: EasyProjects. The program is straightforward, intuitive and combines timeline management, assignment, time keeping and management all in one easy to use intuitive program. Thanks Easy Projects!
I find this very odd. LWOB doesn’t list who its supporters or partners are. Considering the support they give to a non-profit, a little name recognition seems the least they can do.
Who Is On LWOB Board?
LWOB is managed by three relatively small boards and an advisory council consisting of representatives from LWOB’s major private donors. Our board members on all three boards are “working” board members, who tend to be very engaged with the organization by contributing in areas of their respective expertise, volunteering to represent LWOB at events, or volunteering as trial advocacy trainers and trial observers. Our board members, while concentrated in the legal profession, include individuals from accountancy, public relations, and educational sectors.
– The Executive Board of Directors chaired by Anne B. Rudman, Esq. She is joined by board members: Steven Wade, Stephen Hibbard, and Joel Cohen.
– The International Advisory Board of Directors, chaired by Dr. Amii OMara Ottunnu
– The local Connecticut Advisory Board chaired by Priscilla Pappadia, Executive Director of Lawyers for Children America
– Advisory Council members are: Laura Ellsworth, Stephen Hibbard, Joel Cohen, Gregory Palmer, Saralyn Cohen, Sara Lulo and Andrew Jones.
Also interesting. They list who their board members are, but not any of the supporting organizations which are behind their work. Is there a reason they don’t want their names listed?
LWOB develops the programming typically supported by grants that cover the hard costs of producing the pro bono work product or deliverable. We commit to our pro bono partners that their work “will never end up in a file drawer.” Where 3rd party financial underwriting is not available, LWOB will often tap into an array of in-kind supporters to self-fund and implement worthwhile programs. The ongoing Liberia Digest Project (now 10 years old) is one such project that launched with 3rd party funding in 2008, but continues now with generous pro bono and in-kind support from Linklaters and Thomson Reuters.
While our work is apolitical and neutrally oriented, security issues that have arisen around the world prevent us from disclosing the location and timetables of our work in real time. We hope you will appreciate that our effort to keep our volunteers safe and out of harm’s way is paramount and essential to the long-term sustainability of our pro bono model.
Linklaters and Thompson “are” mentioned as supporters, but oddly not in the “supporters” section. It look a little browsing to find this. It would be nice to know who these other supporters are
Security issues prevent you from disclosing your location and timetables in real time. This comes across as a red flag. If all you were doing was providing basic legal services, who would care what your real timetable is? Why is it necessary to operate entirely behind the scene?
3. Some Red Flags
From the frequently asked questions section:
What is Lawyers Without Borders?
An organization that is bringing lawyers together from around the world to give back through pro-bono service — supporting rule of law, economic development, conflict resolution, peacebuilding and sustainability in the legal sector throughout the world.
Do you represent individuals?
LWOB does not “represent” individuals. It is not a resource for individuals seeking personal pro bono representation.
From the main page:
Lawyers Without Borders is a not-for-profit 501c3 corporation whose mission is to promote rule of law around the world by leveraging and promoting pro bono service to meet the needs of the underserved, build capacity in justice sectors and support transitions and development aimed at protecting human rights, all with a neutral orientation.
So this group doesn’t actually represent clients. It just promotes rule of law around the world. Strange considering that they claim to prefer silent work to marketing.
LWOB holds special consultative status with the Economic and Social Council Division (ECOSOC) of the United Nations, has associative status with the United Nations Department of Public Information (DPI) and is accredited to the Department at the UN on the question of Palestine. LWOB and its lawyers engage regularly with the United Nations. LWOB online volunteers through the United Nations Online Volunteering service have been recognized for four successive years for their contributions to human rights and development through their work with LWOB.
Now we get to it: LWOB is basically a consulting firm for the UN. Although the site does not specify it, one can assume that a large amount of funding (if not most), comes from the UN.
LWOB doesn’t actually represents clients. Rather, they observe and consult in order to promote a certain “international law”. Yet another tentacle of the UN.
The Government of British Columbia has announced that it will enact legislation to enforce UNDRIP, the United Nations Declaration of the Rights of Indigenous Peoples. Currently, there is a Federal version (Bill C-262) working its way through the Canadian Senate.
For reference, links to both C-48 (oil transportation), and C-69 (amend environmental acts) are both included. Canada is a nation that relies on resource development. Both of these bills will make these industries harder to function.
The UNDRIP, however, although “non-binding” may now be implemented at the Federal level and/or in British Columbia. This will give veto power to any development that may occur across of near “traditional lands”.
2. From The CBC Article
“”We need to address reconciliation in British Columbia, not just for social justice… but for economic equality for all citizens, Indigenous and non-Indigenous.”
Horgan’s NDP campaigned on a promise to implement UNDRIP, which includes 46 articles meant to recognize the basic human rights of Indigenous Peoples’ along with their rights to self-determination.
Article 32 is among those in the declaration often cited by Indigenous leadership. It directs states to obtain free, prior and informed consent from Indigenous groups before approving projects that would affect their lands or territories.
“For too long uncertainty on the land base has led to investment decisions being foregone, and I believe that that hurts Indigenous people and it hurts other British Columbians,” Horgan said on Tuesday.”
Okay, so what is this Article 32? It is right here:
Article 32
1. Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources.
2. States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.
3. States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
A/ Take steps to mitigate social, cultural or spiritual impact? Industry now has be developed “around” religion or spirituality?
B/ Is this a right to veto any such projects? Or is this a right to demand “tolls” or “commissions”?
C? Is this an acknowledgement that Canada doesn’t have control over its own lands?
3. What Else Is In UNDRIP
Article 4 Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.
Interesting. Not necessary to actually be part of a nation when it is inconvenient.
Article 5 Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.
So it is not necessary to choose. A person “can” be part of both the state, and a separate collective, depending on what is convenient at that time.
Article 8
1. Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture.
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integration;
(e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.
The UN believes that Indigenous People’s should never be forced to assimilate. UN “also” views assimilation of migrants to not be important. This will lead to fracturing and balkanizing nations.
The next several articles go on about the host country not being forced to assimilate of change. Perhaps we can use it against future waves of migration.
Article 27 States shall establish and implement, in conjunction with indigenous peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to indigenous peoples’ laws, traditions, customs and land tenure systems, to recognize and adjudicate the rights of indigenous peoples pertaining to their lands, territories and resources, including those which were traditionally owned or otherwise occupied or used. Indigenous peoples shall have the right to participate in this process.
If this wording is to be taken literally, it looks like parallel legal systems can be used. This makes any uniformity or justice unlikely.
Article 31
1. Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions.
2. In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights.
Would be nice if the rest of Canada was entitled to keep our identity, rather than this multicultural, post-nation state that is forced upon us.
Article 45 Nothing in this Declaration may be construed as diminishing or extinguishing the rights indigenous peoples have now or may acquire in the future.
Okay, this list is not exhaustive, and new “rights” may be added later, or other previous rights will also be enacted.
Admittedly, there are some good things in this declaration. However, getting any major projects going will be difficult if several groups are able to veto at any time for any reason.
There is evident a double standard when it comes to protecting identity.
So, what does Bill C-262 say?
In short, it has a short introduction to adopt UNDRIP, then quotes it all
United Nations Declaration on the Rights of Indigenous Peoples
.
3 The United Nations Declaration on the Rights of Indigenous Peoples that was adopted by the General Assembly of the United Nations as General Assembly Resolution 61/295 on September 13, 2007, and that is set out in the schedule, is hereby affirmed as a universal international human rights instrument with application in Canadian law.
. Consistency
.
4 The Government of Canada, in consultation and cooperation with indigenous peoples in Canada, must take all measures necessary to ensure that the laws of Canada are consistent with the United Nations Declaration on the Rights of Indigenous Peoples.
. National Action Plan
.
5 The Government of Canada must, in consultation and cooperation with indigenous peoples, develop and implement a national action plan to achieve the objectives of the United Nations Declaration on the Rights of Indigenous Peoples.
Like many United Nations initiatives, this looks fairly innocuous and harmless. However, once it is implemented, the actual consequences are far from clear.
It could be a sign of goodwill, and a way to ensure autonomy.
Or it could help destroy the Canadian economy. Time will tell.
LEGAL FRAMEWORK SOUGHT CLICK HERE, the mandate for developing a legally binding framework (2004) You suckers thought this was “voluntary”? CLICK HERE, for the “non-legally binding” legal framework.
The United Nations wants to globally regulate forests as well.
What “don’t” they want to regulate?
What areas of nationhood “don’t” they want to control?
International Arrangement on Forests
The International Arrangement on Forests (IAF) has five main components: the UN Forum on Forests (UNFF) and its Member States, the UNFF Secretariat, the Collaborative Partnership on Forests (CPF), the UNFF Global Forest Financing Facilitation Network (GFFFN), and the UNFF Trust Fund.
Some of the key objectives of the IAF include:
1/ Promoting implementation of sustainable forest management (SFM), in particular the implementation of the UN Forest Instrument;
2/ Enhancing the contribution of forests to the post-2015 development agenda;
3/ Enhancing cooperation, coordination, coherence and synergies on forest-related issues;
4/ Fostering international cooperation, public-private partnerships and cross-sectoral cooperation;
5/ Strengthening forest governance frameworks and means of implementation;
6/ Strengthening long-term political commitment towards the achievement of SFM;
7/ Enhancing coherence, cooperation and synergies with other forest-related agreements, processes and initiatives
Note: It is worth pointing out that many of these UN initiatives have very detailed, lofty goals. However, when it comes to “implementation details”, they get very fuzzy.
Does the UN not know how they will implement their agendas? Would they just rather not say? Are they worried about the consequences of posting “written evidence” on their website?
What about the policy document?
Name
The name of the partnership is the Collaborative Partnership on Forest, hereinafter referred to as the CPF or the Partnership.
Mission
The mission of the CPF is to help enhance the contribution of all types of forests and trees outside forests to the 2030 Agenda for Sustainable Development and other internationally agreed development goals, promote the sustainable management of all types of forests and to strengthen long-term political commitment to that end.
Functions
The core functions of the CPF are to: support the work of UNFF and its member countries; provide scientific and technical advice to the Forum and governing bodies of other CPF members, at their request; enhance coherence, cooperation as well as policy and programme coordination at all levels, including through joint programming and the submission of coordinated proposals to members’ governing bodies, consistent with their mandates; promote the implementation of the UN Forest Instrument and the United Nations Strategic Plan for Forests as well as the contribution of forests and trees to the 2030 Agenda for Sustainable Development and other major forest-related agreements.
Membership
The Collaborative Partnership on Forests currently consists of fourteen international organizations, institutions and secretariats (hereafter referred to as CPF members), that have substantial programmes on forests. Members have considerable capacity to deliver on CPF’s core functions. It is widely recognized that no single body or organization has the capacity or mandate to respond to the multiple demands of forests in a comprehensive manner. Collectively, CPF members, building on their comparative advantages, support the implementation of sustainable forest management worldwide.
The Partnership may periodically review its composition vis a vis its evolving mandate and decide on changes in its membership or establish temporary arrangements for the involvement of third parties to expand its capacities as needed.
Also Worth A Look, The “Major Groups”
The following Major Groups were identified in Agenda 21:
A/ Business and Industry
B/ Children and Youth
C/ Farmers
D/ Indigenous People
E/ Non-governmental Organizations (NGOs)
F/ Local Authorities
G/ Scientific and Technological Community
H/ Women
I/ Workers and Trade Unions
Again, all part of Agenda 21
(a) Business & Industry — this is to be expected, but more information would be nice on their role and expected compensation
(b) Children & Youth — Will there be child labour, or are children expected to specifically benefit?
(c) Farmers — Need more information
(d) Indigenous people — Need more information
(e) NGOs — this is perhaps the most interesting, since NGOs are notorious for flouting national law (think the human smugglers into Europe)
(f) Local authorities — to be expected
(g) Scientific community — the same ones pushing the climate change scam?
(h) Women — So, gender quotas?
(i) Workers & trade unions — Won’t that be a new form of take over?
While this all sounds great, some questions need to be asked:
1/ Will this “forest management” be happening in all countries?
2/ How will the funding be provided? (Specifically, with details)
3/ Who will oversee this?
4/ What if a national government decides participation is against its own interests?
5/ Will blocs of nations be able to “outvote” others?
This has been going on for decades, yet this is the first I am hearing about it?!?!
Global citizenship education
While the world may be increasingly interconnected, human rights violations, inequality and poverty still threaten peace and sustainability.
Global Citizenship Education (GCED) is UNESCO’s response to these challenges. It works by empowering learners of all ages to understand that these are global, not local issues and to become active promoters of more peaceful, tolerant, inclusive, secure and sustainable societies.
GCED is a strategic area of UNESCO’s Education Sector programme and builds on the work of Peace and Human Rights Education. It aims to instil in learners the values, attitudes and behaviours that support responsible global citizenship: creativity, innovation, and commitment to peace, human rights and sustainable development.
UNESCO’s work in this area is grounded in its own Constitution which aims to ‘build peace in the minds of men and women,’ the Universal Declaration of Human Rights, the Education 2030 Agenda and Framework for Action, notably Target 4.7 of the Sustainable Development Agenda, the Recommendation concerning Education for International Understanding, Co-operation and Peace and Education relating to Human Rights and Fundamental Freedoms (1974), and the World Programme for Human Rights Education
(link is external)
(2005-ongoing).
Under the GCED umbrella, UNESCO has several special themes: Preventing violent extremism through education, Education about the Holocaust and genocide, Languages in education and the promotion of the rule of law through global citizenship education
UNESCO collaborates with an extensive global network to disseminate GCED including its own Category 1 institutes, other UN agencies and inter-governmental organizations, including regional organizations, most notably: the UNESCO Mahatma Gandhi Institute of Education for Peace and Sustainable Development (MGIEP), the International Institute for Capacity Building in Africa (IICBA), the UNESCO Institute for Statistic (UIS), the Asia-Pacific Centre of Education for International Understanding (APCIEU), the UNESCO Associated Schools Project Network (ASPNet) and UNITWIN/UNESCO Chairs.
3. UNESCO Tramples on Provincial/State Jurisdiction For Education
Sections 91/92/93 of Canadian Constitution lay out areas of jurisdiction
Education
Marginal note:
Legislation respecting Education
93. In and for each Province the Legislature may exclusively make Laws in relation to Education, subject and according to the following Provisions:
.
(1) Nothing in any such Law shall prejudicially affect any Right or Privilege with respect to Denominational Schools which any Class of Persons have by Law in the Province at the Union;
.
(2) All the Powers, Privileges, and Duties at the Union by Law conferred and imposed in Upper Canada on the Separate Schools and School Trustees of the Queen’s Roman Catholic Subjects shall be and the same are hereby extended to the Dissentient Schools of the Queen’s Protestant and Roman Catholic Subjects in Quebec;
.
(3) Where in any Province a System of Separate or Dissentient Schools exists by Law at the Union or is thereafter established by the Legislature of the Province, an Appeal shall lie to the Governor General in Council from any Act or Decision of any Provincial Authority affecting any Right or Privilege of the Protestant or Roman Catholic Minority of the Queen’s Subjects in relation to Education;
.
(4) In case any such Provincial Law as from Time to Time seems to the Governor General in Council requisite for the due Execution of the Provisions of this Section is not made, or in case any Decision of the Governor General in Council on any Appeal under this Section is not duly executed by the proper Provincial Authority in that Behalf, then and in every such Case, and as far only as the Circumstances of each Case require, the Parliament of Canada may make remedial Laws for the due Execution of the Provisions of this Section and of any Decision of the Governor General in Council under this Section.
10th Amendment stresses the States’ rights
>Amendment 10
– Undelegated Powers Kept by the States and the People
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
UNESCO’s “Human Rights” Push Violates Prov/State Rules Section 91(13) Property and Civil Rights in the Province — clearly Provincial matter
Likewise in the US, human rights/civil rights are decided at the “State” level.
UN Obsession With Immigration Intrudes Prov/State Rights
(Note: This is somewhat off topic, but worth mentioning)
Section 95 of Canadian Constitution
Concurrent Powers of Legislation respecting Agriculture, etc.
95. In each Province the Legislature may make Laws in relation to Agriculture in the Province, and to Immigration into the Province; and it is hereby declared that the Parliament of Canada may from Time to Time make Laws in relation to Agriculture in all or any of the Provinces, and to Immigration into all or any of the Provinces; and any Law of the Legislature of a Province relative to Agriculture or to Immigration shall have effect in and for the Province as long and as far only as it is not repugnant to any Act of the Parliament of Canada<.p>
CLICK HERE, for an immigration article State v Federal rights:
Jurisdiction and the Supremacy Clause
The federal government’s jurisdiction over immigration law has consistently been upheld by the U.S. Supreme Court, which has overruled attempts by state legislatures to single out immigrants. Additionally, the Supremacy Clause of the U.S. Constitution is generally interpreted to mean that federal laws trump state laws, except for certain matters constitutionally left to the states.
However, many states have passed legislation that limits undocumented immigrants’ access to public benefits, directs state and local police to check the legal residence status of arrestees and other directives that affect immigrants. Lawmakers pressing for immigration-related state laws typically cite a lack of federal enforcement and the need to conserve limited state resources, while some cite security concerns.
But are such state laws constitutional? While state lawmakers have articulated a genuine interest in limiting illegal immigration, there is no clear line in the sand. See State Immigration Laws for a regularly updated, state-by-state directory.
Immigration Laws at the State Level
Perhaps the most notorious state attempt at regulating immigration is Arizona’s S.B. 1070, signed into law in 2010. The U.S. Dept. of Justice (DOJ) stated in a brief that Arizona lawmakers “crossed a constitutional line” with the new law. A federal judge blocked four of the most controversial elements, including the requirement that police check the immigration status of anyone they stop or suspect is in the state illegally.
Other states have passed laws with similar police directives, including Oklahoma and Utah. In addition to enforcement measures, many of the state laws addressing immigration mandate the use of E-Verify to check the employment eligibility of job applicants; require identification for voting purposes and impose restrictions on public benefits, such as food stamps and non-emergency medical care at state clinics.
Lawmakers in Arizona and Indiana directly challenged the 14th Amendment’s provision granting automatic citizenship to those born on U.S. soil, proposing legislation that would do just that. Proponents of such laws argue that the amendment’s interpretation should be narrowed to exclude children who are born in the U.S. to undocumented immigrants, positioning their controversial bills for eventual review by the U.S. Supreme Court.
Note: Both in Canada and the US, immigration is generally seen as a Federal matter, though Provinces/States do have some wiggle room.
Since the UN views itself as a “global citizen education” provider, it should come as no surprise that it is creeping towards having a common education curriculum.
Local and regional control is incrementally being phased out.
National pride is being replaced by global acceptance.
UN Leading To Death Of Nations Put all this in a bigger context:
Global citizens, with global values, a global education, and global “rights”;
Cultures, customs, traditions replaced by “tolerance”
Borders replaced by “integrated mechanisms”
Facilitated by global agreement for free migration;
A global ban on criticizing “religions” like Islam;
Global access to internet, but governed by the UN;
Endless EDA initiatives like Agenda 21, 2030, Paris Accord;
Governed by a world parliament
Please read this policy idea, first posted on Canucklaw over 3 months ago. You will very likely agree with the conclusion.
(Apparently, science is “Colonial”, in S. Africa anyway)
(Science is so racist, apparently)
(One of the few times “White” science is good)
CLICK HERE, for the bill in its latest form, which is currently undergoing 3rd reading in House of Commons.
CLICK HERE, for 2012 version of Environmental Assessment Act. CLICK HERE, for the 1985 Navigation Protection Act. CLICK HERE, for Energy Regulator Handbook.
SUMMARY HERE
If nothing else, take these points away:
-Regulators have wide discretion to shut everything down
-Regulators have wide discretion to hand out fines and penalties
-Gender based analysis is lens which projects to be viewed though
-Indigenous rights ensure that any project can be stopped almost at will
-Advisory Board must include (a) FN; (b) Inuit; (c) Metis
-“White Science” and “Indigenous Knowledge” to both be considered
-“Indigenous Knowledge” is confidential, unless common knowledge
-“Indigenous Knowledge” given to regulator is private unless public interest to disclose.
-“Indigenous Knowledge” is some secret sauce that can shut down projects, but must be kept confidential to protect …. something.
-Special Tribunal can be set up for compensation in pipeline spills
THIS CAN BE CHALLENGED IN FEDERAL COURT
Federal Court
Appeal to Federal Court
138 The Minister or any person or entity to whom an order, as confirmed or varied by a review officer, is directed may, by filing a written notice of appeal within 30 days after the day on which the written reasons are provided by the review officer under section 135, appeal to the Federal Court from the review officer’s decision.
Order not suspended
139 The filing of a notice of appeal under section 138 does not suspend the operation of an order, as confirmed or varied by a review officer.
Injunctions
Court’s power
140 (1) If, on the Minister’s application, it appears to a court of competent jurisdiction that a person or entity has done, is about to do or is likely to do any act constituting or directed toward the commission of an offence under this Act, the court may issue an injunction ordering the person or entity who is named in the application to
(a) refrain from doing an act that, in the court’s opinion, may constitute or be directed toward the commission of the offence; or
(b) do an act that, in the court’s opinion, may prevent the commission of the offence.
Notice
(2) No injunction is to be issued under subsection (1) unless 48 hours’ notice is served on the party or parties who are named in the application or unless the urgency of the situation is such that service of notice would not be in the public interest.
*****************************************
Judicial Review
Grounds
170 Subject to section 168, every decision of a Tribunal is final and conclusive and is not to be questioned or reviewed in any court except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act.
Good to know…. this may come in handy later.
Also, there is a section on discrimination. Of course, with this government, no legislation would be complete without it. However, the terms here seem to suggest more of a “price fixing” nature than actual discrimination. Read for yourself.
Discrimination
No unjust discrimination
235 A company must not make any unjust discrimination in tolls, service or facilities against any person or locality.
Burden of proof
236 If it is shown that a company makes any discrimination in tolls, service or facilities against any person or locality, the burden of proving that the discrimination is not unjust lies on the company.
Prohibition
237 (1) A company or shipper, or an officer, employee or agent or mandatary of a company or shipper, is guilty of an offence punishable on summary conviction if they
(a) offer, grant, give, solicit, accept or receive a rebate, concession or discrimination that allows a person to obtain transmission of hydrocarbons or any other commodity by a company at a rate less than that named in the tariffs then in effect; or
(b) knowingly are party or privy to a false billing, false classification, false report or other device that has the effect set out in paragraph (a).
Due diligence
(2) A person is not to be found guilty of an offence under paragraph (1)(a) if they establish that they exercised due diligence to prevent the commission of the offence.
Prosecution
(3) No prosecution may be instituted for an offence under this section without leave of the Commission.
Introduction To The Bill Preamble
Whereas the Government of Canada is committed to implementing an impact assessment and regulatory system that Canadians trust and that provides safeguards to protect the environment and the health and safety of Canadians;
Whereas the Government of Canada is committed to enhancing Canada’s global competitiveness by building a system that enables decisions to be made in a predictable and timely manner, providing certainty to investors and stakeholders, driving innovation and enabling the carrying out of sound projects that create jobs for Canadians;
Whereas the Government of Canada is committed to achieving reconciliation with First Nations, the Métis and the Inuit through renewed nation-to-nation, government-to-government and Inuit-Crown relationships based on recognition of rights, respect, co-operation and partnership;
Whereas the Government of Canada is committed to using transparent processes that are built on early engagement and inclusive participation and under which the best available scientific information and data and the Indigenous knowledge of the Indigenous peoples of Canada are taken into account in decision-making;
And whereas the Government of Canada is committed to assessing how groups of women, men and gender-diverse people may experience policies, programs and projects and to taking actions that contribute to an inclusive and democratic society and allow all Canadians to participate fully in all spheres of their lives;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1/ Safeguards to protect the environment, and H&S of Canadians? Okay, few could disagree with that.
2/ Promoting competitiveness sounds great, if that is what the Bill does.
3/ Committed to reconciliation? Okay, here is where we start to have issues. Will development be blocked or rerouted in the name of “reconciliation”? Or will there be extra “taxes” attached?
4/ Inclusive participation? Isn’t that redundant? And best scientific information and data “and” the Indigenous knowledge of the Indigenous peoples are taken into account?
*** So is there Indigenous knowledge and non-Indigenous science and data? See the above video on “decolonizing science”
5/ Committed to assessing how groups of women, men and gender-diverse people may experience things? Okay, back to the gender obsession. And is “gender diverse” a reference to trannies, or just mixed men/women?
6/ I thought this was a science based approach. Now it’s being infiltrated by (a) Indigenous knowledge and (b) Gender politics.
Okay, now we get to “another” preamble,
PART 1
Impact Assessment Act
Enactment of Act
Enactment
1 The Impact Assessment Act, whose Schedules 1 to 4 are set out in the schedule to this Act, is enacted as follows:
An Act respecting a federal process for impact assessments and the prevention of significant adverse environmental effects
Preamble
Whereas the Government of Canada is committed to fostering sustainability;
Whereas the Government of Canada recognizes that impact assessments provide an effective means of integrating scientific information and Indigenous knowledge into decision-making processes related to designated projects;
Whereas the Government of Canada recognizes the importance of public participation in the impact assessment process, including the planning phase, and is committed to providing Canadians with the opportunity to participate in that process and with the information they need in order to be able to participate in a meaningful way;
Whereas the Government of Canada recognizes that the public should have access to the reasons on which decisions related to impact assessments are based;
Whereas the Government of Canada is committed, in the course of exercising its powers and performing its duties and functions in relation to impact, regional and strategic assessments, to ensuring respect for the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982, and to fostering reconciliation and working in partnership with them;
Whereas the Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples;
Whereas the Government of Canada recognizes the importance of cooperating with jurisdictions that have powers, duties and functions in relation to the assessment of the effects of designated projects in order that impact assessments may be conducted more efficiently;
Whereas the Government of Canada recognizes that a transparent, efficient and timely decision-making process contributes to a positive investment climate in Canada;
Whereas the Government of Canada recognizes that impact assessment contributes to Canada’s ability to meet its environmental obligations and its commitments in respect of climate change;
Whereas the Government of Canada recognizes the importance of encouraging innovative approaches and technologies to reduce adverse changes to the environment and to health, social or economic conditions;
And whereas the Government of Canada recognizes the importance of regional assessments in understanding the effects of existing or future physical activities and the importance of strategic assessments in assessing federal policies, plans or programs that are relevant to conducting impact assessments;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1/ The Government of Canada is committed to sustainability? Okay, sounds nice, but that can get very expensive. See Agenda 21, signed in 1992 by Brian Mulroney, and Agenda 2030, signed in 2015 by Stephen Harper. Interestingly, Mulroney and Harper both “identify” as Conservatives.
2/ Integrating scientific information and Indigenous knowledge? Again, is there a separate set of scientific principles depending on skin colour or ethnicity? Science is so racist.
3/ Committed to public participation, yet this is an omnibus bill rammed though parliament
4/ Fostering reconciliation and inclusion? So will protests be shutting down any projects? Will “payments” be demanded?
5/ You support UN Declaration on Indigenous Rights? Okay, that agreement means that virtually any work can be shut down at any time, for any reason.
6/ Meet it’s international efforts regarding climate change? Silly me, thinking Paris Accord was “non-binding”
Note: There is a preamble for the Energy Regulator Act, and it’s wording is almost identical.
Rights of Indigenous peoples of Canada
3 For greater certainty, nothing in this Act is to be construed as abrogating or derogating from the protection provided for the rights of the Indigenous peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.
Again, any project can be shut down on a whim.
Purpose
Purpose of Act
6 The purpose of this Act is to regulate certain energy matters within Parliament’s jurisdiction and, in particular,
(a) to ensure that pipelines and power lines as well as facilities, equipment or systems related to offshore renewable energy projects, are constructed, operated and abandoned in a manner that is safe, secure and efficient and that protects people, property and the environment;
(b) to ensure that the exploration for and exploitation of oil and gas, as defined in section 2 of the Canada Oil and Gas Operations Act, is carried out in a manner that is safe and secure and that protects people, property and the environment;
(c) to regulate trade in energy products; and
(d) to ensure that regulatory hearings and decision-making processes related to those energy matters are fair, inclusive, transparent and efficient.
(a) No problem with this.
(b) No problem with this.
(c) Stop. Government shouldn’t be regulating trade. It just makes things more expensive.
(d) Make decisions that are inclusive? Getting back into the gender politics again?
Mandate
11 The Regulator’s mandate includes
(a) making transparent decisions, orders and recommendations with respect to pipelines, power lines, offshore renewable energy projects and abandoned pipelines;
(b) overseeing the construction, operation and abandonment of pipelines, interprovincial power lines and international power lines and overseeing work and activities authorized under Part 5 as well as abandoned facilities;
(c) making orders with respect to traffic, tolls and tariffs and overseeing matters relating to traffic, tolls and tariffs;
(d) making decisions and orders and giving directions under Part 8 with respect to oil and gas interests, production and conservation;
(e) advising and reporting on energy matters;
(f) providing alternative dispute resolution processes;
(g) exercising powers and performing duties and functions that are conferred on the Regulator under any other Act of Parliament; and
(h) exercising its powers and performing its duties and functions in a manner that respects the Government of Canada’s commitments with respect to the rights of the Indigenous peoples of Canada.
On the surface, this doesn’t look objectionable. However, it is unclear just how much authority the Energy Regulator will have to make unilateral decisions.
Board of Directors
Establishment and composition
14 (1) The Regulator is to have a board of directors consisting of at least five but not more than nine directors, including a Chairperson and a Vice-Chairperson.
Indigenous representation
(2) At least one of the directors must be an Indigenous person.
Of course, it wouldn’t be a Liberal bill without a racial or gender quota.
Matters of law and fact
(3) For the purposes of this Act, the Commission has full jurisdiction to hear and determine all matters, whether of law or of fact.
Power to act on own initiative
33 The Commission may on its own initiative inquire into, hear and determine any matter that under this Act it may inquire into, hear and determine.
Orders and prohibitions
34 The Commission may
(a) order any person to do, immediately or within or at any specified time and in any specified manner, anything that the person is or may be required to do under this Act, under a condition of a document of authorization, or under any order made or direction given by the Commission or a designated officer under this Act; and
(b) prohibit the doing or continuing of anything that is contrary to this Act, to a condition of the document of authorization or to the order or direction.
Okay, now we are getting into some actual enforcement. However it is unclear what all these added levels of bureaucracy will actually accomplish. It just seems to slow things down.
Wasn’t part of this bill to ensure speedy startup and process?
Exercise of Commission’s Powers and Performance of Its Duties and Functions by Designated Officers
Regulations
54 The Governor in Council may make regulations that specify
(a) powers, duties and functions of the Commission that are technical or administrative in nature and may be exercised or performed by designated officers;
(b) any circumstances in which those powers are to be exercised and those duties and functions are to be performed only by designated officers; and
(c) the procedures and practices that apply to the exercise of those powers and the performance of those duties and functions by designated officers.
Good in a way, delegate matters the powers at hand don’t understand to underlings who would know more.
Also a bit concerning. There is no requirement to actually have any education, experience or training in the industry. Wouldn’t this invite mistake from incompetent, politically driven leaders?
Rights and Interests of the Indigenous Peoples of Canada
Duty to consider — Commission
56 (1) When making a decision, an order or a recommendation under this Act, the Commission must consider any adverse effects that the decision, order or recommendation may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982.
Duty to consider — designated officers
(2) When making a decision or an order under this Act, a designated officer must consider any adverse effects that the decision or order may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982.
Advisory committee
57 (1) The Regulator must establish an advisory committee for the purpose of enhancing the involvement, under Part 2, of the Indigenous peoples of Canada and Indigenous organizations in respect of pipelines, power lines and offshore renewable energy projects as well as abandoned pipelines.
Membership
(2) The membership of the advisory committee must include at least
(a) one person recommended by an Indigenous organization that represents the interests of First Nations;
(b) one person recommended by an Indigenous organization that represents the interests of the Inuit; and
(c) one person recommended by an Indigenous organization that represents the interests of the Métis.
Confidentiality — Indigenous knowledge
58 (1) Any Indigenous knowledge that is provided in confidence to the Regulator under this Act or any other Act of Parliament that confers powers, duties or functions on the Regulator is confidential and must not knowingly be, or be permitted to be, disclosed without written consent.
Exception
(2) Despite subsection (1), the Indigenous knowledge referred to in that subsection may be disclosed if
(a) it is publicly available;
(b) the disclosure is necessary for the purposes of procedural fairness and natural justice or for use in legal proceedings; or
(c) the disclosure is authorized in the circumstances set out in the regulations made under section 59.
Consultation
(2.1) Before disclosing Indigenous knowledge under paragraph 2(b) for the purposes of procedural fairness and natural justice, the Regulator must consult the person or entity who provided the Indigenous knowledge and the person or entity to whom it is proposed to be disclosed about the scope of the proposed disclosure and potential conditions under subsection (3).
Further disclosure
(3) The Regulator may, having regard to the consultation referred to in subsection (2.1), impose conditions with respect to the disclosure of Indigenous knowledge by any person or entity to whom it is disclosed under paragraph (2)(b) for the purposes of procedural fairness and natural justice.
Duty to comply
(4) The person or entity referred to in subsection (3) must comply with any conditions imposed by the Regulator under that subsection.
Protection from civil proceeding or prosecution
(5) Despite any other Act of Parliament, no civil or criminal proceedings lie against the Regulator or the Minister — or any person acting on behalf of, or under the direction of, either of them — and no proceedings lie against the Crown or the Regulator, for the disclosure in good faith of any Indigenous knowledge under this Act or any other Act of Parliament that confers powers, duties or functions on the Regulator or for any consequences that flow from that disclosure.
Regulations
59 The Governor in Council may make regulations prescribing the circumstances in which Indigenous knowledge that is provided to the Regulator under this Act in confidence may be disclosed without written consent.
Once again, this seems designed to fail.
1/ If any indigenous person or group can shut down an entire project, or at least delay it for years, development will come to a standstill.
2/ Duty to consult: Again sounds nice, but written in such a way as to ensure nothing gets through.
3/ Committee must include:
(a) First Nations
(b) Inuit
(c) Metis
So not only is there “one” representative, but there are to be “three” each from different groups.
4/ Indigenous Knowledge provided to regulator is confidential.
What? So it cannot be challenged if we don’t know what it is.
5/ Before “disclosing Indigenous Knowledge”, the Regulator must discuss with person who provided it.
6/ No punishment for disclosing “Indigenous Knowledge” if it was done in good faith? Great, but if this knowledge is so powerful, why “wouldn’t” we want to share it
7/ So where is all this transparency, if “Indigenous Knowledge” is kept secret?
Public Engagement
Public engagement
74 The Regulator must establish processes that the Regulator considers appropriate to engage meaningfully with the public — and, in particular, the Indigenous peoples of Canada and Indigenous organizations — when public hearings are held under section 52 or subsection 241(3).
Participant funding program
75 For the purposes of this Act, the Regulator must establish a participant funding program to facilitate the participation of the public — and, in particular, the Indigenous peoples of Canada and Indigenous organizations — in public hearings under section 52 or subsection 241(3) and any steps leading to those hearings.
Public hearings are good, but the incessant pandering to Indigenous groups gets tiring.
Regulation of Construction, Operation and Abandonment
Orders
95 (1) To promote the safety and security of the operation of a regulated facility, the Commission may, by order, direct the holder to repair, reconstruct or alter part of the regulated facility and direct that, until the work is done, that part of the regulated facility not be used or be used in accordance with any conditions specified by the Commission.
Other measures
(2) The Commission may, by order, direct any of the following persons or bodies to take measures in respect of a regulated facility, an abandoned facility or any work or activity authorized under Part 5 that the Commission considers necessary for the safety and security of persons, the safety and security of the regulated facility or abandoned facility or the protection of property or the environment:
(a) an Indigenous governing body;
(b) the holder or any other person;
(c) the federal government or a federal Crown corporation;
(d) a provincial government or a provincial Crown corporation;
(e) a local authority.
This sounds nice, but in practice, anyone on the list can start making demands and delay or shut down any major project. Again, pandering to Indigenous bodies.
Offence and punishment — duty to assist and orders
112 (1) Every person who contravenes subsection 103(4) or fails to comply with an order under section 109 is guilty of an offence and is liable
(a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years or to both; or
(b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year or to both.
Defence — no notice
(2) A person must not be found guilty of an offence for failing to comply with an order under section 109 unless the person was given written notice of the order in accordance with paragraph 109(3)(a).
Offence and punishment — obstruction
(3) Every person who contravenes section 106 is guilty of an offence punishable on summary conviction and is liable, for a first offence, to a fine of not more than $100,000 and, for any subsequent offence, to a fine of not more than $300,000.
This is one of many references in the Bill which criminalise certain actions. If nothing else, the bill does have teeth in it.
Pipeline Claims Tribunal
Establishment
Establishment of Tribunal
143 (1) The Governor in Council may, by order, after a designation is made under subsection 141(1), establish a pipeline claims tribunal whose purpose is to examine and adjudicate, as expeditiously as the circumstances and considerations of fairness permit, the claims for compensation made under this Act in relation to the release that occurred from the designated company’s pipeline and specify the location of its head office.
Reasons
(2) However, the Governor in Council may establish a pipeline claims tribunal only if, having regard to the extent of the compensable damage caused by the release, the estimated cost of paying compensation in respect of that damage and the advantages of having claims dealt with by an administrative tribunal, the Governor in Council considers it in the public interest to do so.
Claims treated equitably
(3) A Tribunal must exercise its powers and perform its duties and functions with respect to claims for compensation in an equitable manner, without discrimination on the basis of nationality or residence.
Now adding even more bureaucracy. The Governor in Council may establish a tribunal to specifically rule on pipeline compensation.
This bill goes on and on. Feel free to read the entire document
But the main take away is that it creates more and more levels of bureaucracy for any sort of development projects, such as pipelines. The only plausible explanation is that the Bill seems designed to prevent anything from getting off the ground.
Interesting note: #5 goes on at length about “monitoring” demographic changes, but doesn’t give any priority to “maintaining” demographics.
(b) Raising awareness of demographic and sustainable development interactions
5.37. Understanding of the interactions between demographic trends and factors and sustainable development should be increased in all sectors of society. Stress should be placed on local and national action. Demographic and sustainable development education should be coordinated and integrated in both the formal and non-formal education sectors. Particular attention should be given to population literacy programmes, notably for women. Special emphasis should be placed on the linkage between these programmes, primary environmental care and the provision of primary health care and services.
Section 24 has to do with gender. It wouldn’t be a United Nations agreement without plenty of virtue signalling. Here are 2 parts: (a) gender quotas; and (b) free child care. Also, am assuming that “reproductive rights” is code for abortion.
24.3. Governments should take active steps to implement the following:
a. Measures to review policies and establish plans to increase the proportion of women involved as decision makers, planners, managers, scientists and technical advisers in the design, development and implementation of policies and programmes for sustainable development;
e. Programmes to establish and strengthen preventive and curative health facilities, which include women-centred, women-managed, safe and effective reproductive health care and affordable, accessible, responsible planning of family size and services, as appropriate, in keeping with freedom, dignity and personally held values. Programmes should focus on providing comprehensive health care, including pre-natal care, education and information on health and responsible parenthood, and should provide the opportunity for all women to fully breastfeed at least during the first four months post-partum. Programmes should fully support women’s productive and reproductive roles and well-being and should pay special attention to the need to provide equal and improved health care for all children and to reduce the risk of maternal and child mortality and sickness.
Section 33 gets to the heart of the matter: MONEY
>33.1. The General Assembly, in resolution 44/228 of 22 December 1989, inter alia, decided that the United Nations Conference on Environment and Development should:
.
Identify ways and means of providing new and additional financial resources, particularly to developing countries, for environmentally sound development programmes and projects in accordance with national development objectives, priorities and plans and to consider ways of effectively monitoring the provision of such new and additional financial resources, particularly to developing countries, so as to enable the international community to take further appropriate action on the basis of accurate and reliable data; Identify ways and means of providing additional financial resources for measures directed towards solving major environmental problems of global concern and especially of supporting those countries, in particular developing countries, for which the implementation of such measures would entail a special or abnormal burden, owing, in particular, to their lack of financial resources, expertise or technical capacity;
This article could go on forever, but take this away:
1/ Virtue signalling
2/ Huge wealth transfer
3/ Zero accountability
