CLICK HERE, for China Tribunal. CLICK HERE, for China Tribunal, forced harvesting of organs from China’s political prisoners. CLICK HERE, from China Tribunal’s December 2018 findings. CLICK HERE, for firstthings.com, and then US Vice President Joe Biden’s attitude to what went on in China. CLICK HERE, for 2015 on China’s organ trafficking. CLICK HERE, for Lifesite article on China. CLICK HERE, for NBC article, China promises to phase out practice. CLICK HERE, for an NBC article on China’s practice.
In This Series CLICK HERE, for Part 1, New York and Virginia. CLICK HERE, for Part 2, Kill The Survivors. CLICK HERE, for Part 3, UN Endorses Abortion As Human Right. CLICK HERE, for Part 4, Fallout and Pushback. CLICK HERE, for Part 5, ONCA ruling doctors “must” provide referrals if they are not willing to do the work themselves. CLICK HERE, for Part 6, 9th Circuit Rules Against Planned Parenthood Federal Funding,
2. China Tribunal’s Findings
From the December 2018 interim report:
“The Tribunal’s members are certain – unanimously, and sure beyond reasonable doubt – that in China forced organ harvesting from prisoners of conscience has been practiced for a substantial period of time involving a very substantial number of victims.”
That was part of the interim report. But now the final report goes on even further:
The Tribunal has considered evidence, in its many forms, and dealt with individual issues according to the evidence relating to each issue and nothing else and thereby reached a series of conclusions that are free of any influence caused by the PRC’s reputation or other potential causes of prejudice.
These were as follows;
• That there were extraordinarily short waiting times (promised by PRC doctors and hospitals) for organs to be available for transplantation;
• That there was torture of Falun Gong and Uyghurs;
• That there was accumulated numerical evidence (excluding spurious PRC data) which indicated:
o the number of transplant operations performed, and
o the impossibility of there being anything like sufficient ‘eligible donors’ under the recently formed PRC voluntary donor scheme for that number of transplant operations;
• That there was a massive infrastructure development of facilities and medical personnel for organ transplant operations, often started before any voluntary donor system was even planned; That there was direct and indirect evidence of forced organ harvesting.
And this led to the conclusion that:
forced organ harvesting has been committed for years throughout China on a significant scale and that Falun Gong practitioners have been one – and probably the main – source of organ supply. The concerted persecution and medical testing of the Uyghurs is more recent and it may be that evidence of forced organ harvesting of this group may emerge in due course. The Tribunal has had no evidence that the significant infrastructure associated with China’s transplantation industry has been dismantled and absent a satisfactory explanation as to the source of readily available organs concludes that forced organ harvesting continues till today.
However, on the topic of “genocide” China Tribunal pussyfoots around the issue and says they cannot conclude there is intent for genocide. This despite stating that the actions met the other elements.
The Tribunal considered whether this constituted a crime of Genocide; The Falun Gong and the Uyghurs in the PRC each qualify as a ‘group’ for purposes of the crime of Genocide. For the Falun Gong, the following elements of the crime of Genocide are clearly established:
• Killing members of the group;
• Causing serious bodily or mental harm to members of the group.
Thus, bar one element of the crime, Genocide is, on the basis of legal advice received, clearly proved to the satisfaction of the Tribunal. The remaining element required to prove the crime is the very specific intent for Genocide. Accepting legal advice about proving this intent, the Tribunal cannot be certain that the requisite intent is proved and thus cannot be certain that Genocide itself is proved.
That’s right. Due to legal advice, China Tribunal cannot actually conclude there is intent to commit genocide, despite the prolonged actions that would justify the claims.
China Tribunal then “appears” to condemn what happens to Falun Gong and the Uyghurs, but waters down the language to “criminality”, despite the included detail. The tribunal claims the “elements have been met for crimes against humanity”.
Commission of Crimes Against Humanity against the Falun Gong and Uyghurs has been proved beyond reasonable doubt by proof of one or more of the following, legally required component acts:
• imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
• rape or any other form of sexual violence of comparable gravity;
• persecution on racial, national, ethnic, cultural or religious grounds that are universally recognised as impermissible under international law ;
• enforced disappearance
in the course of a widespread and systematic attack or attacks against the Falun Gong and Uyghurs.
This seems to be splitting hairs. It meets the criteria for crimes against humanity. Yet China Tribunal, on advice from their lawyers, refuse to state there is intent to qualify as “genocide”.
The report ends with a very interesting comment about the power of media and citizen journalists.
Governments and international bodies must do their duty not only in regard to the possible charge of Genocide but also in regard to Crimes against Humanity, which the Tribunal does not allow to be any less heinous. Assuming they do not do their duty, the usually powerless citizen is, in the internet age, more powerful than s/he may recognise. Criminality of this order may allow individuals from around the world to act jointly in pressurising governments so that those governments and other international bodies are unable not to act.
The China Tribunal has no power to actually do anything. However, it seems to believe that by spreading word online it can put pressure on governments to act.
But as I was talking to some of your leaders, you share a similar concern here in China. You have no safety net. Your policy has been one which I fully understand — I’m not second-guessing — of one child per family. The result being that you’re in a position where one wage earner will be taking care of four retired people. Not sustainable. So hopefully we can act in a way on a problem that’s much less severe than yours, and maybe we can learn together from how we can do that.
In order to maintain the 1-child policy, China has had to result to extreme and inhuman measures:
sex-selective abortions against girls
Biden seemed critical that the declining birth rate would be able to sustain the retired population. However he seemed to have no concern over the mass aborting and sterilizations that went on.
In 2014, state media reported that China would phase out the practice of taking organs from executed prisoners and said it would rely instead on a national organ donation system.
The Chinese Ministry of Foreign Affairs on Tuesday was not immediately available to comment on the tribunal’s findings.
In a statement released alongside the final judgment, the tribunal said many of those affected were practitioners of Falun Gong, a spiritual discipline that China banned in the 1990s and has called an “evil cult.” The tribunal added that it was possible that Uighur Muslims — an ethnic minority who are currently being detained in vast numbers in western China — were also being targeted.
China had been promising for years to end this practice, but it doesn’t seem to have happened.
5. Lifesite Take On The Situation
Still, there has been too much reporting for too long about this profound human-rights abuse to ethically continue to look the other way. The question thus becomes: Will the U.S. specifically outlaw traveling to China for the purpose of buying an organ — just as we do participating in pedophilia tourism overseas? (Spain, Israel, Italy, and Taiwan have passed such laws already.) I can’t think of one argument against pursuing such a course.
If we don’t at least do what we can, it seems to me that we make ourselves complicit in allowing the demand for black-market organs forcibly harvested from murdered prisoners to continue unimpeded — and the blood of the slaughtered victims will also be on us.
(Lifesite article here) This echoes what China Tribunal has been saying: that political pressure is needed to put a stop to this practice.
6. My Take On This Story
If the allegations are true, and they seem to be, then this is abhorrent.
At some level this is no different that what abortion industries like Planned Parenthood do: snuff out lives in order to obtain a commodity, their organs. If we subscribe to the idea that life is valuable, then this is little — though more heinous — than a common murder and robbery.
While donation of organs (for after death), should be encouraged, this is an entirely different matter. This is premeditated mass murder in order to steal those parts. The practice is barbaric.
Consider the flack Canada has taken over the Government’s genocide claims over Indigenous women and girls. Most of the deaths and disappearances (at least where it is known) were at the hands of Indigenous men they knew. That is apparently a “genocide”. Yet what is going on in China is not really worth the attention apparently.
CLICK HERE, for screening link in 2019 Canada Summer Jobs Site. CLICK HERE, for agreement link in 2019 Site. CLICK HERE, for faith groups being excluded for personal beliefs. CLICK HERE, for a Daily Caller article on Al Quds. CLICK HERE, for group that condemns Israel gets grants for years. CLICK HERE, for the Canadian Charter of Rights and Freedoms. CLICK HERE, for Canadian Human Rights Code.
From Abortion/Infanticide Series CLICK HERE, for Part 1, New York and Virginia. CLICK HERE, for Part 2, Kill The Survivors. CLICK HERE, for Part 3, UN Endorses Abortion As Human Right. CLICK HERE, for Part 4, Fallout and Pushback. CLICK HERE, for Part 5, Court Says Referrals Are Mandatory.
2. Employer Attestation
12.0 Employer attestation
12.1 The Employer attests that:
I have read, understood and will comply with the Canada Summer Jobs Articles of Agreement;
I have all the necessary authorities, permissions and approvals to submit this application on behalf of myself and my organization;
The job would not be created without the financial assistance provided under a potential contribution agreement;
Any funding under the Canada Summer Jobs program will not be used to undermine or restrict the exercise of rights legally protected in Canada.
3. Screening For Grants
Ineligible projects and job activities:
Projects consisting of activities that take place outside of Canada;
Activities that contribute to the provision of a personal service to the employer;
Partisan political activities;
Fundraising activities to cover salary costs for the youth participant; or
Projects or job activities that:
restrict access to programs, services, or employment, or otherwise discriminate, contrary to applicable laws, on the basis of prohibited grounds, including sex, genetic characteristics, religion, race, national or ethnic origin, colour, mental or physical disability, sexual orientation, or gender identity or expression;
advocate intolerance, discrimination and/or prejudice; or
actively work to undermine or restrict a woman’s access to sexual and reproductive health services.
Please note the following definitions:
As per section 2.1 of the Canada Summer Jobs Articles of Agreement, “project” means the hiring, administration of, job activities, and organization’s activities as described in the Application Agreement.
To “advocate” means to promote, foster, or actively support intolerance, discrimination, and/or prejudice.
To “undermine or restrict” means to weaken or limit a woman’s ability to access sexual and reproductive health services. The Government of Canada defines sexual and reproductive health services as including comprehensive sexuality education, family planning, prevention and response to sexual and gender-based violence, safe and legal abortion, and post-abortion care.
The way this is worded, it could be interpreted to mean that even expressing views which are pro-life or critical of SOGI agenda could be seen as threatening.
Of course, the overwhelming majority of charities, non-profits, and businesses have absolutely nothing to do with abortion of the gender agenda.
Nonetheless, since the Government of Canada has insisted on this, at least it will be uniformly enforced throughout all of the groups applying for summer grants, right?
Youth for Christ’s chapters across Canada have used the grants for years to fund more than 100 student jobs annually. Toronto City Mission, which runs day camps in impoverished neighbourhoods, received $70,000 last year for 16 positions. Winnipeg’s Centerpoint Church has used the grants for 24 years to hire two summer students; Mill Bay Baptist Church on Vancouver Island used a grant last year to hire a First Nations student. All have seen their applications sent back this year over the attestation.
Your project may have nothing to do with gender or abortion, but if you won’t sign those forms, prepare to have your grant request denied. However, “values” seem to be pretty flexible, depending on the group.
The Trudeau government won’t allow pro-life groups to access the Canada Summer Jobs program without violating their principles, but it is funding an Islamic group with a cleric who was a keynote speaker at the anti-Israel al-Quds day rally in Toronto.
As the Toronto Sun reports, the federal government gave the thumbs-up to the Islamic Humanitarian Service (IHS) based in Kitchener, Ont., to hire summer students with taxpayer money. (RELATED: Trudeau Government Cuts Off Pro-Life And Faith Groups From Jobs Funding)
Yes, you are reading that correctly. The Trudeau Government refused pro-life groups access to the Summer Jobs Program because of their beliefs, even if they were unrelated to the job. Yet it was okay to fund Al Quds, an Islamic, anti-Semitic group, which openly calls for violence against Israel.
It would take some serious mental gymnastics to not see moral inconsistency here. However, it appears to be about politics, not principles.
5. Canadian Charter & Human Rights Code
2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.
These demands quite clearly violate both 2(a) and 2(b) of the Canadian Charter. The specific religion is irrelevant, but these groups were clearly targeted because of their views. The double standard with Islamic groups makes it more absurd, but is not necessary.
From the Canadian Human Rights Code:
Prohibited grounds of discrimination
3 (1) For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.
Discriminatory policy or practice
10 It is a discriminatory practice for an employer, employee organization or employer organization
(a) to establish or pursue a policy or practice, or
(b) to enter into an agreement affecting recruitment, referral, hiring, promotion, training, apprenticeship, transfer or any other matter relating to employment or prospective employment,
that deprives or tends to deprive an individual or class of individuals of any employment opportunities on a prohibited ground of discrimination.
Section 3 very clearly lists religion as a protected group.
And consider this: if the Government is awarding contracts, is the Government not the employer in this case?
6. Some Interesting Cases
R. v. Lewis, 1996 CanLII 3559 (BC SC) ruled that protesting abortion within a certain “protected area” was an offence, not shielded by freedom of religion. Not really related to the above, but still an interesting read.
BCM International, asking the Federal Court for a review of the decision to turn down a grant. The Attestation is cited as the reason. (Case: T-917-19)
BCM International, asking for another review, on essentially the same grounds (Case: T-918-19)
In the UK as well, a Christian Preacher can be arrested even for behaving peacefully. Yet, Muslims are allowed to preach intolerance openly.
8. Final Thoughts
The Canada Summer Jobs Program discriminates against those who object to being forced to sign onto a political agenda, when it has no relevance to their cause. It has overwhelmingly effected religious groups. While this may seem trivial, it is understandable to object to “bending the knee”.
If abortion and gender are not related to the work that a group is doing, then there is no reason to bring it up. This is just virtue signalling.
There is a double standard with how Christians are treated with how Muslims are treated. The former must cow-tow, while the latter’s views are “more understood”.
How do you take over the world without war, guns, and bombs? You do it incrementally, and strategically. This guide will outline some of the major steps.
1. Important Links
This section will be empty. Instead, links are interwoven in the article. Also, Part II, will address who is behind these global takeover efforts.
2. Convention On Preventing & Punishing Genocide To Be Used As “Guideline”
No two ways about it. If you are serious about world domination, then you can’t have strong groups and populations standing in your path. The population needs to go. Either it needs to be killed off, or it needs to be “phased out”. This idea was addressed in a previous article.
He are sections of the 1948 UN Convention on the Prevention and Punishing Genocide:
The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish.
In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.
The following acts shall be punishable:
(b) Conspiracy to commit genocide;
(c) Direct and public incitement to commit genocide;
(d) Attempt to commit genocide;
(e) Complicity in genocide.
This applies if there are certain groups, such as racial or ethnic, that are obstacles to the plan. Yes, we can kill them, or we can just reduce their populations, by preventing births or causing mental harm to the group.
Ironically, this convention outlines some effective “non-violent” ways to erase a group, or groups.
We will get back to this later.
3. Financing The Global Domination Mission
No doubt about it: a scheme to control the world is expensive and complex. The right people have to be in place, and the organization needed is substantial. So let’s discuss a few methods to finance our agenda.
(Option A:) Get wealthy nations to borrow extensively from private banks. Most countries have their own internal banking, which means that they effectively borrow from themselves. A much better alternative is to get nations to start borrowing from private banks, but never completely pay it back. This ensures permanent interest payments. However, we must be careful to fight any and all attempts by concerned citizens to take back control of their finances.
(Option B:) Convince wealthy nations to participate in bogus scheme such as the “climate change scam”, which is based entirely on junk science. Rather than endlessly appealing to give foreign aid (which we then steal), we should be appealing to the mutual survival instinct. Doing this can raise hundreds of billions in revenue each year. Sure there will be resistance, but we can establish some controlled opposition “Conservatives” to give the illusion of fighting for the average people. These initiatives, once established, will be profitable.
(Option C:) While using the money raised from (A) and (B) immediately seems like a good idea, we must be more strategic about it. A serious option is to loan out to developing nations, huge sums of money they cannot possibly pay back. As such, once nations begin defaulting, we can either seize assets, or “forgive debt” in return for favours. Sure this is predatory lending, and the middle class will suffer, but their leaders will be put in an impossible position.
Note: the debts that we “lend” to developing nations are not actually losses we accrued. Rather they will be from the perpetual “debt repayments”, which developed nations pay us after they started taking out private loans.
(Option D:) Make globalism more profitable and have our partners contribute to the efforts. Making mass migration more profitable leads to an almost endless supply of new customers. A wide variety of groups, can get involved, ensuring a diversified portfolio for us. By linking their business interests with our ideological interests, it will ensure these organizations are vested in our survival.
(Option E:) It doesn’t just have to be foreign aid that gets transferred outside of host nations. Many national pension funds are screaming to be invested in our global development. Sure, there are criticisms that they are underfunded and unsustainable, but the potential growth will offset any risks to the funds. If seniors object, we can always subsidize their efforts to start smoking.
(Option F:) For the purposes of trade, it is antiquated to think of it as “nations” trading. Rather, if we think of them as economic zones, trade can be liberalized much more effectively. Sure there will be job losses here and there. But it’s all for the good of the “global economy”.
4. Mass Migration Is Critical To Our Success
In order to achieve the “One World Order”, individual nations must be destroyed. Sure they may keep their flags and names, but for all practical purposes, they cannot exist. There must be no true sovereignty allowed.
This aspect has unique challenges. There are plenty of nationalists and ethno-nationalists who want to keep their race, culture, language, heritage, customs, traditions, and way of life intact. There are those who reject conservatism and libertarianism, (which favour individuality over group survival), in favour of the long term stability of their nation. We need to completely replace the host populations. Being direct and honest will not work in this case. As such other approaches are required:
(Option I:) We can buy off media outlets. The rise in internet use and citizen journalists had led to an utter devastation of traditional media outlets. This presents an opportunity never thought possible: to keep certain media solvent in return for favourable coverage of our practices.
(Option II:) We can install puppet candidates and fund parties whose populist agendas are very similar to ours. With the right rhetoric, the sheeple won’t care that we lie about the true size of annual mass migration. Nor will they care that a “right-wing populist” is only proposing a 7% reduction in current rates. With the right messaging, the patriots will overlook that forced multiculturalism and diversity has never actually been successful, and only leads to balkanization. Members of the Government and Opposition should both have their campaigns contributed to. While common in the US, campaign contribution laws shall be used fully to ensure a cooperative Congress or Parliament.
(Option III:) Straight up gaslighting can and does still work, but the citizenry is getting tired of it. This technique should be used less frequently. Not saying stop entirely, but it shouldn’t be the first tool anymore.
(Option V:) In order to facilitate mass migration and population replacement, we should introduce “throw-away” ideas such as repatriating terrorists to home countries. If successful, we further destabilize the nation states. If unsuccessful, we at least divert their attention away from our real goals.
(Option VI:) One subset of mass migration is promoting high levels of Islamic immigration. Given their desire to take over the world, and propensity for “playing the victim”, this will be useful. Further, the drain on resources of the host nations will make it harder for them to put up resistance. Given Muslims’ very high birthrate, and violent intolerance towards others, they can help replace the populations for us.
Note: we won’t allow the Muslims to actually take over. Rather, they will do much of the leg work for us.
Naturally, the elites will need to meet annually, to ensure a smooth post-national transition takes place.
Once mass migration is sufficiently underway, we can focus on controlling the new masses, and that leads to the next topic: education.
5. Taking Control Of Education
If the agenda is to succeed, we need to take control of the next generation, and the one after that. As noted, children are to become dependent on the schools for everything from meals, to health care, to actual parenting. Yes, the financial costs will be high, but we will pay for it out of the interest payments from the loans we grant to governments. So really, it costs us nothing.
Academia has an important role to play, which is obvious. Scholarly articles, such as those written by Frank Geels and Kirsten Jenkins will add legitimacy to what we are doing.
Another important aspect is to redefine what cultural norms are. This in turn will also help reduce the host populations, which will make it easier to replace them. One such technique is encouraging people, especially young children, to have sex changes. A further technique is to keep pushing for abortion as a “human right”. Less births will of course reduce the host nation’s population. An extra benefit is that baby parts sell for huge amounts to organizations which are sympathetic to our globalist methods.
6. Making It All Come Together
Okay, this is definitely a lot to absorb. But knowing and implementing all of these steps, what have we actually accomplished? Let’s list them:
We have identified ways to commit genocide against nations and their host populations without the obvious evidence of guns, bombs and war
We have raised money by getting nations to borrow heavily from private banks, and never fully pay it back, leading to permanent interest payments
We raised money via bogus environmental scams
We loaned out to nations who cannot pay
We have enlisted corporate partners in our goals
We have invested national pensions and other assets
We have eliminated borders, ensuring efficient trade
We have bought off an obedient media
We have propped up puppet politicians
We reduced the overt gaslighting
We changed the narrative to mass migration being normal
We normalized repatriating terrorists
We weaponized Islamic immigration
We coordinated global leadership meetings
We have made children dependent on schools
We controlled the academic output
We replaced traditional cultural norms
We centralized globalization via UN
This list is by no means exhaustive. However, it should serve as an introduction to global domination.
The moral problem is that dodgeball encourages students to aggressively single others out for dominance, and to enjoy that dominance as a victory
The problem is actually much worse. In white majority countries, it should be noted that the majority of successful teams include mostly white players. Research has indicated that there is a correlation between whiteness and white supremacy.
The games children play in schoolyards are famously horrible, if you stop and think about them.
Tag, for example, singles out one poor participant, often the slowest child, as the dehumanized “It,” who runs vainly in pursuit of the quicker ones. Capture the Flag is nakedly militaristic. British Bulldog has obvious jingoistic colonial themes. Red Ass, known in America as Butts Up, involves deliberate imposition of corporal punishment on losers.
This is absolutely true. Every children’s game in the Western World is about preparing our youth for war, and for ways to oppress marginalized people. These are specific examples that need to be exposed and stamped out.
Contrast with the above photos #2 and #3. This shows tolerant Muslims and the richness that diversity brings us.
But none rouse the passions of reform-minded educational progressives quite like dodgeball, the team sport in which players throw balls at each other, trying to hit their competitors and banish them to the sidelines of shame.
Not only is this traumatizing for the children, but rarely, if ever, do dodgeball competitions hand out “participation trophies”. How will the children cope with that?
When the Canadian Society for the Study of Education meets in Vancouver at the Congress of the Humanities and Social Sciences, a trio of education theorists will argue that dodgeball is not only problematic, in the modern sense of displaying hierarchies of privilege based on athletic skill, but that it is outright “miseducative.”
Naïve parents will argue that kids are just kids, and they are just releasing their excess energy. But this completely misses the point. Most serial killers and rapists have played dodgeball at some point in their lives. Are we breeding the next generation?
Experts agree, that we need to replace the Canadian population as an immediate measure to mitigate the effects anti-social behaviour as caused by dodgeball.
Dodgeball is not just unhelpful to the development of kind and gentle children who will become decent citizens of a liberal democracy. It is actively harmful to this process, they say.
These citizens also need to be aware that playing dodgeball is physical activity. Physical activity leads to heavy breathing, which leads to increased CO2 output. HELLO! We signed the Paris Accord for a reason. Do you want the Earth to heat up just so Little Johnny can get first place?
As Butler’s abstract describes it, those “faces” are “marginalization, powerlessness, and helplessness of those perceived as weaker individuals through the exercise of violence and dominance by those who are considered more powerful.” Young’s list of these fundamental types of oppression also includes exploitation and cultural domination.
Nations like Canada have demonstrated themselves to be an extremely welcoming place. And we shouldn’t jeopardize that just so some 11 year old can go “goose-stepping” and throw balls at other children.
For teachers trying to foster the virtues of caring and inclusion, on this view, dodgeball is counterproductive. Sport can teach ethical behaviour and give students the chance to practise it and, in this sense, it is important training for citizens in a democracy.
Of course this is true. Being part of the global democracy, is vital for all citizens of the planet.
Fun for fun’s sake is good, Burns said, but when a teacher is formally telling students rules for a game, fun can also reinforce behavioural patterns, for good or ill. The moral problem with dodgeball, he said, is that it encourages students to aggressively single others out for dominance, and to enjoy that exclusion and dominance as a victory.
One day they are throwing rubber balls at each other. The next they are perpetuating the next Holocaust. The connection is plain and obvious.
(New Zealand PM Jacinda Ardern at “Christchurch Call”)
Yes, the Christchurch Call and the UN “digital cooperation” are 2 separate initiatives, but the result is the same: stamping out free speech online.
(The UN High-Level Panel on Digital Cooperation)
(Liberal ex-Candidate Richard Lee supports UN regulating internet)
CLICK HERE, for text of Christchurch Call. Death to free speech. CLICK HERE, for the announcement of the new “Charter”. CLICK HERE, for review of Gov’t bribing media outlets. CLICK HERE, for the $595M bribery (see pages 40-44) CLICK HERE, for Ottawa purging references to Islam in terrorism report. CLICK HERE, for an article on “approved media”. CLICK HERE, for the Canadian Charter.
Interesting UN Links from prior article. CLICK HERE, for the UN Panel for Digital Cooperation CLICK HERE, for their press release. CLICK HERE, for Digital Cooperation. CLICK HERE, for a 2012 Internet Governance Forum held in Bogota, Colombia. CLICK HERE, for the 2014 Arab Internet Governance Forum. CLICK HERE, for Arab Dialogue on Internet Governance CLICK HERE, for internet governance in Western Asia CLICK HERE, for a review of UN wanting to ban criticism of Islam on a global scale.
TEXT OF CHRISTCHURCH CALL
To that end, we, the Governments, commit to:
Counter the drivers of terrorism and violent extremism by strengthening the resilience and inclusiveness of our societies to enable them to resist terrorist and violent extremist ideologies, including through education, building media literacy to help counter distorted terrorist and violent extremist narratives, and the fight against inequality.
Ensure effective enforcement of applicable laws that prohibit the production or dissemination of terrorist and violent extremist content, in a manner consistent with the rule of law and international human rights law, including freedom of expression.
Encourage media outlets to apply ethical standards when depicting terrorist events online, to avoid amplifying terrorist and violent extremist content.
Support frameworks, such as industry standards, to ensure that reporting on terrorist attacks does not amplify terrorist and violent extremist content, without prejudice to responsible coverage of terrorism and violent extremism. Consider appropriate action to prevent the use of online services to disseminate terrorist and violent extremist content, including through collaborative actions, such as:
Awareness-raising and capacity-building activities aimed at smaller online service providers;
Development of industry standards or voluntary frameworks;
Regulatory or policy measures consistent with a free, open and secure internet and international human rights law.
To that end, we, the online service providers, commit to:
Take transparent, specific measures seeking to prevent the upload of terrorist and violent extremist content and to prevent its dissemination on social media and similar content-sharing services, including its immediate and permanent removal, without prejudice to law enforcement and user appeals requirements, in a manner consistent with human rights and fundamental freedoms. Cooperative measures to achieve these outcomes may include technology development, the expansion and use of shared databases of hashes and URLs, and effective notice and takedown procedures.
Provide greater transparency in the setting of community standards or terms of service, including by:
Outlining and publishing the consequences of sharing terrorist and violent extremist content;
Describing policies and putting in place procedures for detecting and removing terrorist and violent extremist content. Enforce those community standards or terms of service in a manner consistent with human rights and fundamental freedoms, including by:
Prioritising moderation of terrorist and violent extremist content, however identified; Closing accounts where appropriate;
Providing an efficient complaints and appeals process for those wishing to contest the removal of their content or a decision to decline the upload of their content.
Implement immediate, effective measures to mitigate the specific risk that terrorist and violent extremist content is disseminated through livestreaming, including identification of content for real-time review.
Implement regular and transparent public reporting, in a way that is measurable and supported by clear methodology, on the quantity and nature of terrorist and violent extremist content being detected and removed.
Review the operation of algorithms and other processes that may drive users towards and/or amplify terrorist and violent extremist content to better understand possible intervention points and to implement changes where this occurs. This may include using algorithms and other processes to redirect users from such content or the promotion of credible, positive alternatives or counter-narratives. This may include building appropriate mechanisms for reporting, designed in a multi-stakeholder process and without compromising trade secrets or the effectiveness of service providers’ practices through unnecessary disclosure.
Work together to ensure cross-industry efforts are coordinated and robust, for instance by investing in and expanding the GIFCT, and by sharing knowledge and expertise.
To that end, we, Governments and online service providers, commit to work collectively to:
Work with civil society to promote community-led efforts to counter violent extremism in all its forms, including through the development and promotion of positive alternatives and counter-messaging.
Develop effective interventions, based on trusted information sharing about the effects of algorithmic and other processes, to redirect users from terrorist and violent extremist content.
Accelerate research into and development of technical solutions to prevent the upload of and to detect and immediately remove terrorist and violent extremist content online, and share these solutions through open channels, drawing on expertise from academia, researchers, and civil society.
Support research and academic efforts to better understand, prevent and counter terrorist and violent extremist content online, including both the offline and online impacts of this activity.
Ensure appropriate cooperation with and among law enforcement agencies for the purposes of investigating and prosecuting illegal online activity in regard to detected and/or removed terrorist and violent extremist content, in a manner consistent with rule of law and human rights protections.
Support smaller platforms as they build capacity to remove terrorist and violent extremist content, including through sharing technical solutions and relevant databases of hashes or other relevant material, such as the GIFCT shared database. Collaborate, and support partner countries, in the development and implementation of best practice in preventing the dissemination of terrorist and violent extremist content online, including through operational coordination and trusted information exchanges in accordance with relevant data protection and privacy rules.
Develop processes allowing governments and online service providers to respond rapidly, effectively and in a coordinated manner to the dissemination of terrorist or violent extremist content following a terrorist event. This may require the development of a shared crisis protocol and information-sharing processes, in a manner consistent with human rights protections.
Respect, and for Governments protect, human rights, including by avoiding directly or indirectly contributing to adverse human rights impacts through business activities and addressing such impacts where they occur.
Recognise the important role of civil society in supporting work on the issues and commitments in the Call, including through:
Offering expert advice on implementing the commitments in this Call in a manner consistent with a free, open and secure internet and with international human rights law;
Working, including with governments and online service providers, to increase transparency;
Where necessary, working to support users through company appeals and complaints processes.
Affirm our willingness to continue to work together, in existing fora and relevant organizations, institutions, mechanisms and processes to assist one another and to build momentum and widen support for the Call.
Develop and support a range of practical, non-duplicative initiatives to ensure that this pledge is delivered.
Acknowledge that governments, online service providers, and civil society may wish to take further cooperative action to address a broader range of harmful online content, such as the actions that will be discussed further during the G7 Biarritz Summit, in the G20, the Aqaba Process, the Five Country Ministerial, and a range of other fora.
Combatting extremist ideologies and fighting inequality are lumped together.
This will apparently be done “respecting free speech and human rights”, but aren’t those things already supposed to be protected?
Parties want to “promot[e] positive alternatives and counter-messaging”. Doesn’t that sound like Onjective 17(c) of the UN Global Migration Compact, promote propaganda positive to migration?
Encouraging media to use ethical practices when covering violence? And what, shut them down if they refuse?
Widen support for the call? Collective suicide pact for free speech?
Looking for expert advice in how to implement “the Call” without violating those pesky free speech and human rights laws. Perhaps you need another Jordan Peterson to make it sound nice and fluffy.
Research to spot “ROOT CAUSES” of terrorism.
Look for technical methods to remove terroristic or violent material, (or anything we deem to be violent or terroristic), and share the methods with others.
Collaborate with partner countries, no real concern of whether they support terrorism themselves, as do many Islamic countries.
Mess with algorithms to ensure users not directed to “inappropriate content”.
Regular public reporting, sounds great, except when Governments censor necessary information in the name of not offending anyone, as seen here.
Support INDUSTRY STANDARDS? So the internet “will” be regulated globally.
And all of this misses a VERY IMPORTANT point: what happens when content is shared in Country A, but rules in Country B would render it illegal? Does the content get pulled down because it is offensive to some other nation in the world?
All in all, this is pretty chilling.
Quotes From GlobalNews Article:
“The platforms are failing their users. And they’re failing our citizens. They have to step up in a major way to counter disinformation, and if they don’t, we will hold them to account and there will be meaningful financial consequences,” he said Thursday.
“It’s up to the platforms and governments to take their responsibility seriously and ensure that people are protected online. You don’t have to put the blame on people like Mark Zuckerberg or dismiss the benefits of social platforms to know that we can’t rely exclusively on companies to protect the public interest,” Trudeau continued.
He announced that Canada would be launching a digital charter, touching on principles including universal access and transparency and serving as a guide to craft new digital policy.
Speaking about Canada’s upcoming federal election, he said the government was taking steps to eliminate fake news and that a new task force had been created in order to identify threats to the election and prevent foreign interference.
$595M Bribe: Have You Forgotten?
A New Non-Refundable Tax Credit for Subscriptions to Canadian Digital News Media
To support Canadian digital news media organizations in achieving a more financially sustainable business model, the Government intends to introduce a new temporary, non-refundable 15-per-cent tax credit for qualifying subscribers of eligible digital news media.
In total, the proposed access to tax incentives for charitable giving, refundable tax credit for labour costs and non-refundable tax credit for subscriptions will cost the federal government an estimated $595 million over the next five years. Additional details on these measures will be provided in Budget 2019.
Not only will the Trudeau Government be cracking down on what it views as “fake news”, it will be subsidizing “friendly” or cooperative media. This is nothing short of propaganda. This is a government propping up dying media outlets financially. Of course, what will be expected in return? favourable coverage?
SECTION 2: FUNDAMENTAL FREEDOMS
To summarize so far, our government:
(1) Is a member of the UN, which wants to globally regulate the internet. This is referred to as “DIGITAL COOPERATION”. The same UN wants to globally ban criticism of Islam.
(2) Passes a “non-binding” motion, M-103, to ban Islamophobia.
(3) Passes Bill C-16, to ban criticism of their gender agenda, calling certain language to be hate speech.
(4) Signs the Global Migration Compact, which contains provisions (Objective 17(c)) to sensitise and regulate media.
(5) Announces plans to subsidize “certain” media, the 2018 economic update.
(6) Attends a convention, the Christchurch call, and signs the above resolution.
(7) Announces plans for a “digital charter”
Can Section 2 of the Charter — fundamental freedoms — protect us from this assault on free speech? Let’s hope so:
2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.
Most court cases have come down on the side of fundamental freedoms. If this digital charter comes to be, then certainly the 2 charters will collide.
DOING WHAT UN NEVER COULD?
The UN has for a long time tried to regulate our freedoms for the “global collective” or some other such nonsense.
But now, will we do this to ourselves? Will Western nations engage in their own freedom-suicide pact in order to provide the illusion of security from violent terrorists and extremists?
Western Liberals embrace global rule and regulation. So do “Conservatives”, and fake populists, who are basically globalists in disguise. It will be interesting to see how many will actually stand up for freedom instead of caving to pressure.
CLICK HERE, for a prior review on Jordan Peterson. CLICK HERE, for a prior review on Bill C-16 (gender identity) CLICK HERE, for Louder With Crowder interview.
(See 49:00 and 50:20 for Peterson comments on OHRC policies) CLICK HERE, for Peterson & Cathy Newman (cringe) CLICK HERE, and HERE, for Peterson’s cognitive dissonance deplatforming Faith Goldy at free speech event. CLICK HERE, for Shepherd’s site: identitygrifting.ca. CLICK HERE, for Peterson announcing $1.5M lawsuit and Wilfrid Laurier University and 3 employees. CLICK HERE, for Peterson interview on lawsuit (2:55) CLICK HERE, for National Post article on WLU 3rd party defence. CLICK HERE, for the Ontario Human Rights Code. CLICK HERE, for Ontario Court forms index. CLICK HERE, for Ontario Rules of Civil Procedure. CLICK HERE, for Ontario Libel and Slander Act. CLICK HERE, for Hill v. Church of Scientology, 1995. CLICK HERE, for Ontario Bill 52, protecting expression in matters of public interest.
The details of the Wilfrid Laurier University scandal (Lindsay Shepherd, the 3 staff members, and Jordan Peterson), is old news at this point. The article just focuses on the lawsuits brought against WLU and its staff by Peterson and Shepherd.
It is the opinion here that although the facts alleged are basically true, the claims are fraudulent. They are combined seeking 5 million dollars (Shepherd $3.6, Peterson $1.5M). This is an abuse of the court system, and a way to unjustly enrich themselves.
Keep in mind, Peterson’s only claim to damages was that the tape defamed him (comparing him to Hitler, and other comments). His critics were vilified by the media. He suffered no actual damage, other than being named in a tape that Shepherd released.
Shepherd claims that not only was this 42 minute meeting difficult (surely it was), but that she was never treated the same way again. She cites a few examples, but nothing that would lead a reasonable person to think this would be worth millions in damages. Shepherd claims to be unemployable in academia, but her new love for media probably helped that.
Did WLU staff act like d*****bags? YES
Were inappropriate things said? YES
Was a tape of this leaked to the media? YES
Does any of this amount to millions in damages? NO
During the Louder With Crowder interview, Peterson (at 50:20) criticizes the Ontario Human Rights Code for automatically making employers vicariously liable for things employees say. However, he has no issue with USING vicarious liability in order to name the University in his lawsuit.
Peterson claimed that it was libel for Rambukkana to compare him to Hitler, yet Peterson compares trans activists to Communists, who have caused the deaths of millions of people.
Peterson has come to fame claiming to be a free speech champion, but has no issue deplatforming speakers he doesn’t agree with. Faith Goldy is a particularly bad example.
Shepherd and Peterson both claim to be free speech champions, but then sue over words they don’t like.
KARMA IS A B****
In 2018, Shepherd launched a $3.6 million lawsuit against Wilfrid Laurier University and 3 of its staff (Nathan Rambukkana, Herbert Pimlott, and Adria Joel). Although the infamous meeting was cited, there were other problems occurring later which were cited in the statement of defense.
Jordan Peterson filed a $1.5 million lawsuit of his own, claiming that Laurier hadn’t learned its lesson. Peterson claimed that the infamous tape had damaged his reputation.
Regarding Peterson’s claim, the WLU filed a 3rd party claim (Form 29A). It stated that if Peterson actually had suffered damages, he should be suing Lindsay Shepherd, as she made the tape secretly and released it.
Shepherd was outraged. After filing a lawsuit against her university, she is shocked that they would use her as a defence in a related lawsuit. She brought this on herself.
WLU should consider Rule 2.1.01
Rule 2.1 General Powers to Stay or Dismiss if Vexatious, etc.
Stay, Dismissal of frivolous, vexatious, abusive Proceeding
Order to Stay, Dismiss Proceeding
2.1.01 (1) The court may, on its own initiative, stay or dismiss a proceeding if the proceeding appears on its face to be frivolous or vexatious or otherwise an abuse of the process of the court. O. Reg. 43/14, s. 1
Although litigation tends to drag on a long time, something like this should be used. The litigation (particularly Peterson’s) is an abuse of process.
From the Ontario Libel & Slander Act:
1 (1) In this Act,
“broadcasting” means the dissemination of writing, signs, signals, pictures and sounds of all kinds, intended to be received by the public either directly or through the medium of relay stations, by means of,
(a) any form of wireless radioelectric communication utilizing Hertzian waves, including radiotelegraph and radiotelephone, or
(b) cables, wires, fibre-optic linkages or laser beams,
and “broadcast” has a corresponding meaning; (“radiodiffusion ou télédiffusion”, “radiodiffuser ou télédiffuser”)
“newspaper” means a paper containing public news, intelligence, or occurrences, or remarks or observations thereon, or containing only, or principally, advertisements, printed for distribution to the public and published periodically, or in parts or numbers, at least twelve times a year. (“journal”) R.S.O. 1990, c. L.12, s. 1 (1).
Wilfrid Laurier and its 3 staff members did not do this. Shepherd did. She released the recording to the media, with the intent of making it widely distributed. So Rambukkana and Pimlott have a valid point. If Peterson did suffer damages, it was caused by Lindsay Shepherd.
Yes, Rambukkana and Pimlott were unprofessional for making the comments in the first place. However, it is clear they never meant to be recorded.
There is also some ambiguity as to the Statute of Limitations, whether it would be 3 months, or 2 years. If it is 3 months, then it has already lapsed.
SOME CANADIAN CASES
Here is Hill v Church of Scientology of Toronto (1995), which dropped “actual malice” as a requirement.
Here is Grant v Torstar (2009), which created an exception for responsible journalism.
Here is Crookes v Newton (2011), which ruled that linking, or hyperlinking stories does not count as publishing.
However, all of this may be irrelevant, since it was Shepherd who SECRETLY recorded the meeting, and then chose to publish it WITHOUT THE KNOWLEDGE OR CONSENT of the other parties.
ONTARIO’S BILL 52 (2015)
Not sure if this would be relied on in the proceedings, but in 2015, the Ontario Government passed Bill 52 on this subject. Interesting is section 137.1
Dismissal of proceeding that limits debate
Rejet d’une instance limitant les débats
137.1 (1) The purposes of this section and sections 137.2 to 137.5 are,
(a) to encourage individuals to express themselves on matters of public interest;
(b) to promote broad participation in debates on matters of public interest;
(c) to discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and
(d) to reduce the risk that participation by the public in debates on matters of public interest will be hampered by fear of legal action.
The topic of tort reform is a popular one in recent years, particularly in the United States. Putting a cap on maximum damages, or making it harder to collect on bogus claims is a goal worth pursuing.
Any google or online search of “tort reform” will lead to an almost endless number of matches.
This is not at all to say that a person should “never” go to civil court. If an employer doesn’t pay your wages, or your property is damaged, or bills are not paid, then litigation can be a very valid path. Admittedly, “reasonable” is very subjective. However, most people can agree that one must suffer actual damages to go to court.
However, Shepherd and Peterson have both laid million dollar lawsuits because people said mean things to them. (Shepherd’s claim cites more detail). And hypocritically, both think nothing of mocking their detractors.
These 2 are not the free speech champions they pretend to be. Rather, they support free speech when it is convenient to do so. They are “free-speech grifters”.
(Tucker Carlson: Social Costs to Communities Most Important)
1. Important Links
CLICK HERE, for Canada’s trade deal consultations. CLICK HERE, for archived link to Canada-China free trade. CLICK HERE, for FAQ on Canada-China free trade deal. CLICK HERE, for EPI study. Estimated 3.4M jobs lost from US to China 2001-2017. CLICK HERE, for China’s currency manipulation. CLICK HERE, for Stephen Harper supporting free trade with China. CLICK HERE, for Justin Trudeau supporting free trade with China. CLICK HERE, for Maxime Bernier endorsing free trade with China. CLICK HERE, for NDP response to possible FTA. CLICK HERE, for CATO Institute, Disciplining China. CLICK HERE, for a CATO Institute brochure.
1. From Archived Pages
There have been many concerns with dealing with China. To name just some of them:
Human rights abuses
No respect for intellectual property
Unsafe products entering Canada
To put is bluntly, the answers are not reassuring. They are the political-talk we have come to expect that avoids giving concrete answers.
Canada has robust regulatory requirements and strong enforcement action can be taken on unsafe products entering the country. Regardless of country of origin, if the Canadian government identifies products that do not meet regulatory requirements, enforcement action will be taken. Enforcement action can take a number of forms, including recall.
Canada’s Foreign Investment Promotion and Protection Agreement (FIPA) with China works to protect Canadian investments in China, and is among the most ambitious investment agreements China has ever ratified.
A possible FTA could include provisions that would help to mitigate the risk of IP infringements. We would like to hear from you on your experience with IP rights in the context of the Canada-China commercial relationship. Additionally, Canadian firms are encouraged to raise any IP problems they have in China or other overseas market with the Canadian Trade Commissioner Service.
This all sounds lovely, but to a critical person, this seems more like an attempt to emotionally soothe than to persuade with facts.
3. Major Job Losses
Looking at the Economic Policy Institute Study, shown here, from 2001 to 2017, the US lost 3.4 million jobs to China as a result of a growing trade deficit. China can produce much cheaper and in much higher numbers.
Both increased imports and technical products have done a number on the US job market, who simply cannot compete.
While this is an American study, it would be wise to use it as a cautionary tale for Canada as well.
CURRENCY MANIPULATION EXPLAINED
One unfair way to gain an advantage over a foreign competitor is to manipulate the currency. China has been doing this for a long time, and it leads to an economic advantage that few can match. The Forbes article explains it well.
First, a bit of background. The Chinese currency, called the renminbi, is what’s known as a policy currency. That means that unlike the U.S. dollar, which rises and falls in value in free market trading, the currency’s value against the dollar is set by the People’s Bank of China, an arm of the Chinese government.
While the PBOC has gradually tried to make the value of the renminbi more reflective of market forces, setting trading bands in which the renminbi is allowed to fluctuate every day, in the last analysis it is still under government control. Put another way, the value of the renminbi is manipulated by the government and always has been. It’s just that when Beijing was manipulating the value so that the renminbi appreciated against the dollar in the last few years, nobody in Washington complained.
When the Chinese Government manipulates its currency, it does so in order to artificially cheapen the costs of its products, and to gain an advantage over competitors.
In a “free market” world, this sort of thing should never be allowed.
4. CATO Institute Hypocrisy
Note: CATO calls itself a public policy institute, dedicated to free trade, liberalization and free markets. It is based in the US. But its conflicting observations are disturbing. From their website, they post an article which contains these remarks:
The Trump administration believes that the international dispute settlement system of the World Trade Organization (WTO) offers no effective remedy for these practices, and prefers an approach that relies mostly on unilateral tariffs. The administration sees the issue as follows. China’s mercantilist state systematically discriminates against foreign products and foreign producers in China while forcing foreign companies to hand over their intellectual property (IP) as the price of access to China’s large and growing market. China engages in widespread cheating in its trade practices, including not only high tariffs, domestic content requirements, and other traditional forms of protectionism, but also rigged regulations that erect trade barriers by favoring Chinese companies and outright theft of foreign IP. And, Trump and his trade cohorts say repeatedly, there is virtually nothing the United States can do under current WTO rules to stop this predatory Chinese behavior.
Worth noting is that CATO doesn’t dispute the accuracy or factual basis of Donald Trump’s claims. They don’t dispute the one sided advantage that is posed here. However, there is an interesting brochure that CATO released:
Supporting China’s membership in the WTO in 2001 was not a mistake by the United States. All 163 other members of the WTO, including the United States, are much better off because China is inside the rules-based global trading system and has not been left outside it. China has made great strides since 2001 toward full compliance with the rules of the WTO trading system.
An organization which promotes liberalized trade is okay when one of its members blatantly acts against the rules and its principles. Okay.
5. Main Canadian Parties Support This
Despite all the problems outline above, it is: SUPPORTED, by People’s Party. SUPPORTED, by the Conservative Party. SUPPORTED, by the Liberal Party
A potential free trade agreement raises many questions that are yet unanswered. China has no free press, torture is widespread, workers do not have a right to collective bargaining, and hundreds of human rights defenders and dissidents have been detained.
Environmental protections, labour standards, and human rights must be at the forefront of any trade and investment discussions, and any trade deal must support Canadian jobs, not just focus on selling Canadian resources to be processed abroad.
The Liberals have failed to take action to address steel dumping by Chinese companies which put Canadian businesses at a dangerous disadvantage. China also has a questionable record on currency manipulation and unfair trade practices, and does not have market economy status, which means it would be very difficult to have a level playing field in a free trade deal.
There are also concerns about protecting the intellectual property of Canadians and the behaviour of state-owned enterprises in China, including through the takeover of Canadian companies that work on sensitive technologies.
Before making a decision on whether to begin formal negotiations, the government needs to clearly address all these concerns, and consult with Canadians before rushing into a deal that is against their interests.”
What the hell? Why am I agreeing with the NDP on this? Since when did an openly socialist party become the voice of reason?
The again, a NATIONALIST approach would also conclude free trade with China is a bad idea.
6. Not Worth It
Watch the video with Tucker Carlson, at the top of the article. He explains that it is a better way to ensure stability of communities and jobs than to look at a purely profit motive. Well worth a watch. While the talk relates to automating vehicles — and putting truck drivers out of work — the same rationale can be applied here.
While there may be some benefits to an agreement with China, there are simply too many social costs to Canada that need to be seriously looked at:
How many jobs will be lost?
What will happen to communities with major job losses?
What about environmental protection?
Would we be rewarding sweatshop conditions?
Can we protect people’s intellectual property?
Will we be undercut by currency manipulation?
Is getting cheaper products worth the social cost?
It’s not all about GDP, stock prices, or corporate profits. What will a free trade agreement with China do to Canada?
CLICK HERE, for the ruling, Oger v. Whatcott. CLICK HERE, for the BC Human Rights Code. CLICK HERE, for the Canadian Charter of Rights & Freedoms. CLICK HERE, for a prior review of Bill C-16. CLICK HERE, for a prior review of “Hate Map”. CLICK HERE, for a prior review on weaponizing human rights code.
Our favourite “serial-victim” Morgane Oger, is in the news again, this time for getting a $55,000 award ($35K for hurt feelings, and $20K in punitive damages). This was William Whatcott for calling Oger “a man”. (Oger is transgender).
A few interesting observations in reading the ruling:
(1) Morgane Oger seems perfectly content silencing William Whatcott’s free speech and right to religious expression in the name of gender identity.
(2) The BC Tribunal deliberately and repeatedly skirted the truthfulness of Whatcott’s claim that Oger is biologically male. Hormones, surgery and legal paperwork don’t change biology.
(3) The BC Tribunal awarded $35,000 in damages without any damages being proven. How exactly does one prove “hurt feelings and dignity”?
PORTIONS OF BC HUMAN RIGHTS CODE
Discrimination and intent
Discrimination in contravention of this Code does not require an intention to contravene this Code.
Section 2 makes it very clear: absolutely no intent is required on the part of anyone in order to be found to violate someone’s human rights. For a “quasi-judicial” board, this is very disturbing. However, it seems to be the case with all provinces.
7 (1) A person must not publish, issue or display, or cause to be published, issued or displayed, any statement, publication, notice, sign, symbol, emblem or other representation that
(a) indicates discrimination or an intention to discriminate against a person or a group or class of persons, or
(b) is likely to expose a person or a group or class of persons to hatred or contempt because of the race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, or age of that person or that group or class of persons.
(2) Subsection (1) does not apply to a private communication, a communication intended to be private or a communication related to an activity otherwise permitted by this Code.
Oger claims that the publications were contrary to Section 7(1)(a) and (b) of the code.
27.2 (1) A member or panel may receive and accept on oath, by affidavit or otherwise, evidence and information that the member or panel considers necessary and appropriate, whether or not the evidence or information would be admissible in a court of law.
(2) Nothing is admissible in evidence before a member or panel that is inadmissible in a court because of a privilege under the law of evidence.
(3) Despite section 4, subsection (1) of this section does not override an Act expressly limiting the extent to which or purposes for which evidence may be admitted or used in any proceeding.
(4) A member or panel may direct that all or part of the evidence of a witness be heard in private.
(4) flies in the face of an open inquiry, and doesn’t set any guidelines as to “when” it would be appropriate.
One of the problems Whatcott cited was the Commission refusing to hear all the evidence.
37 (1) If the member or panel designated to hear a complaint determines that the complaint is not justified, the member or panel must dismiss the complaint.
(2) If the member or panel determines that the complaint is justified, the member or panel
(a) must order the person that contravened this Code to cease the contravention and to refrain from committing the same or a similar contravention,
(b) may make a declaratory order that the conduct complained of, or similar conduct, is discrimination contrary to this Code,
(c) may order the person that contravened this Code to do one or both of the following:
(i) take steps, specified in the order, to ameliorate the effects of the discriminatory practice;
(ii) adopt and implement an employment equity program or other special program to ameliorate the conditions of disadvantaged individuals or groups if the evidence at the hearing indicates the person has engaged in a pattern or practice that contravenes this Code, and
(d) if the person discriminated against is a party to the complaint, or is an identifiable member of a group or class on behalf of which a complaint is filed, may order the person that contravened this Code to do one or more of the following:
(i) make available to the person discriminated against the right, opportunity or privilege that, in the opinion of the member or panel, the person was denied contrary to this Code;
(ii) compensate the person discriminated against for all, or a part the member or panel determines, of any wages or salary lost, or expenses incurred, by the contravention;
(iii) pay to the person discriminated against an amount that the member or panel considers appropriate to compensate that person for injury to dignity, feelings and self respect or to any of them.
In short, the BC Human Rights Code can award money if it rules that your feelings were hurt, or your dignity or self respect was hurt. No need to prove “actual” damages.
2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association
William Whatcott identifies himself as a Christian activist. When he learned of Ms. Oger’s candidacy, he resolved to stop her being elected. He was not a member of her riding, nor did he research her platform or the policies which she sought to advance. The sole basis for his campaign against her was that she is a transgender woman and therefore, in his view, unsuitable to hold public office.
Very interesting choice of words. Whatcott “identifies” as a Christian activist, yet Oger “actually is” a woman.
Mr. Whatcott was not a resident in Ms. Oger’s riding. She came to his attention after he had decided there were no suitable political options within his own riding. He says that he had decided not to vote in the election at all, but then turned to prayer. He asked God how he could help in the election. He started researching the candidates across the province and, in this way, came across Ms. Oger. He learned that she had been active in lobbying for amendments to the Code to add the grounds of “gender identity and expression”, and in promoting education about sexual orientation and gender identity in schools. Most importantly, however, he was upset that the media and public at large were “pretending” that Ms. Oger was a woman. He fundamentally believes that gender is static and derived from the genitalia that a person has at birth. He believes that Ms. Oger is a man. He sees himself as the small boy in the fairy tale about the Emperor with no clothes the only one brave enough to speak the truth about Ms. Oger’s gender. He decided to focus his energies on her campaign. In doing so, he describes Ms. Oger herself as “incidental” and “small” within his larger fight for social order and freedom.
The first part gets glossed over. Oger is trying help enact 2 policies that Whatcott is bothered by:
(A) Bill C-16, to add “gender identity” to the Criminal Code and Human Rights Code.
(B) Bringing SOGI (sexual orientation & gender identity) into schools and have it taught to young children.
In all fairness, “both” of the above issues rub a lot of people the wrong way.
 To the extent that s. 7 is unique, it is because it expressly and exclusively targets speech. Mr. Whatcott argues that, in doing so, it violates his Charter‐guaranteed rights to freedom of religion and expression ss. 2(a) and (b). In his final reply, he added an argument that it violates his right to life, liberty and security of the person, guaranteed by s. 7 of the Charter.
 This Tribunal does not have jurisdiction to apply the Charter: Administrative Tribunals Act, s. 45; Code, s. 32(i). I cannot find s. 7 of the Code unconstitutional, or that any of Mr. Whatcott’s Charter rights have been violated in the course of Ms. Oger’s human rights complaint against him.
 There is no question, however, that this complaint engages Charter protections. In these circumstances, I must interpret and apply the Code in a manner that proportionately balances its purposes with those protections. The framework for this analysis has been set out by the Supreme Court of Canada in three cases: Doré v. Québec (Tribunal des Professions), 2012 SCC 12 [Doré]; Loyola High School v. Quebec (Attorney General), 2015 SCC 12 [Loyola]; and Trinity Western University v. Law Society of BC, 2018 SCC 32 [TWU].
While simultaneously claiming not to be able to apply the Charter, the Tribunal says it will balance the rights of the Charter v.s. the Code.
A. Factual context
1. Discrimination against transgender people
This is a significant time for trans and gender diverse people. Their long fight for equality is bearing some fruit, as society begins to adjust its traditionally static and binary understanding of gender, and its tolerance for people to identify and express their gender authentically. One indicator of this progress is the 2016 amendment to the Code that added the grounds of gender identity and expression.
 However, as this hearing made clear, the journey is far from over. Unlike other groups protected by the Code, transgender people often find their very existence the subject of public debate and condemnation. What flows from this existential denial is, naturally, a view that transpeople are less worthy of dignity, respect, and rights. In the hearing room for this complaint, we were witness to repeated, deliberate, and flagrant attacks on Ms. Oger based on nothing more than a belief that her very existence is an affront.
(A) The Tribunal actually referred to this section as “factual context”, but then goes on to make a number of straw man arguments.
(B) It is not a fight for equality. That was never the issue.
(C)”Traditionally static and binary understanding of gender”? Actually, there has never been evidence that there are more than 2 genders. Simply passing a law does not erase science. A government could conceivably pass a law saying that dogs are cats, but it would not be based in reality.
(D) Gender identity and expression? Don’t these contradict reality? Merely expressing oneself or identifying oneself a certain way does not make it so.
(E) Questioning the reality of something not based on science is a hate crime now? Got it.
 And so, despite some gains, transgender people remain among the most marginalized in our society. Their lives are marked by “disadvantage, prejudice, stereotyping, and vulnerability”: F(C) v. Albert (Vital Statistics), 2014 ABQB 237 at para. 58; see also Rainbow Committee of Terrace v. City of Terrace, 2002 BCHRT 26 at paras. 47-51. They are stereotyped as “diseased, confused, monsters and freaks”: Nixon v. Vancouver Rape Relief Society, 2002 BCHRT 1 at paras. 136137, overturned 2005 BCCA 601 (not on this point). Transpeople face barriers to employment and housing, inequitable access to health care and other vital public services, and heightened risks of targeted harassment and violence. The results include social isolation, as well as higher rates of substance use, poor mental health, suicide, and poverty: XY v. Ontario (Government and Consumer Services), 2012 HRTO 726 at paras. 164‐166. For transgender children, anti‐trans bullying leads to higher rates of absenteeism and poorer educational outcomes, which then has ripple effects for their health and future prospects: Christophe Cornu (2016), “Preventing and addressing homophobic and transphobic bullying in education; A human-rights based approach using the United Nations Convention on the Rights of the Child”, Journal of LGBT Youth, 13:1‐2, 6‐17 at pp 7‐8.
(A) How are they marginalized? They have entire government bodies to fight specifically for their rights.
(B) Substance abuse, suicide, and mental health problems? Doesn’t that signify that there might be something seriously wrong with what they are doing?
(C) Children should not be transitioning. Period.
 Mr. Whatcott and the JCCF sought to rely on statistics about the poor health and social outcomes for transgender people as proof that – at best – the merits of being transgender was a matter for ongoing study and debate and – at worst –it was a bad lifestyle choice, whichought to be publicly discouraged. I agree with Ms. Oger that this is an illconceived attempt to “take the data about the consequences of being a victim of oppression, or the consequences of being marginalized, and turn that into the root cause of the issue”.
 The poor health, economic, and social outcomes for many transgender people are not a signal of their inherent worth but rather of the significant degree to which they continue to face marginalization, stigma, and discrimination. They illustrate how much work remains to be done to make the Code’s objective of an equal society into a reality.
(A) The Tribunal specifically states they will not consider statistical data. How very “scientific and reasoned” of them.
(B) Another straw-man argument. No one is saying these people are not worthy, but that there are very serious mental health issues that need to be addressed. Issues the tribunal has no interest in addressing.
 There is no dispute that a decision against Mr. Whatcott would limit his Charter right to freedom of religion. Ms. Oger concedes that Mr. Whatcott has a sincerely held religious belief that it is his duty to spread his views about transgender people: Syndicat Northcrest v. Amselem, 2004 SCC 47 at para. 65. This concession was appropriate. Mr. Whatcott identifies as Christian and describes himself as a “flawed Christian activist”. He says that his theology largely lines up with that of the Lutheran Church. The Supreme Court of Canada has recognized that Evangelical Christians, and I believe it is fair to count Mr. Whatcott as one, “carry their religious beliefs and values beyond their private lives and into their work, education, and politics”: TWU at para. 67. This is certainly true of Mr. Whatcott. For many years, he has manifested his religious beliefs through activism, beginning with antiabortion activism and then, in more recent years, in activism against the LGBTQ community. His beliefs about transgender people namely that they do not exist and are engaged in a falsehood stem from his interpretation of the Christian Bible. He believes it is God’s will that he spread the Christian gospel and his views about the “morality” of being transgender.
(A) Now we get to the heart of it. This would actually limit religious freedom.
(B) The Tribunal knows this, and will act against it anyway.
 There is similarly no dispute that a decision against Mr. Whatcott would limit his freedom to publicly express his views about transgender people generally, and Ms. Oger specifically. This engages his right to free expression. As I will discuss below, the scope of freedom of expression, and the significance of any possible infringement, varies according to the type of speech and the extent to which it furthers or detracts from the core values underlying the freedom. However, at this threshold stage, it is sufficient that the Flyer was a form of expression and that any decision restricting Mr. Whatcott’s right to distribute it publicly would limit his expressive rights to some extent.
 With respect to Mr. Whatcott’s s. 7 Charter rights, I agree with the Attorney General that it would not be fair to consider that argument, which was raised for the first time in Mr. Whatcott’s final reply, after the hearing of this complaint had concluded. Regardless, the argument has no merit. A decision by this Tribunal would not restrict Mr. Whatcott’s life, liberty, or security of the person. The remedial jurisdiction conferred by s. 37 of the Code is in no way equivalent to penal consequences. It does not threaten Mr. Whatcott’s life or liberty. While I accept that individuals found to violate the Code may encounter, as a consequence, a degree of stigma and social disapproval, such consequences do not rise to a level of “serious state imposed psychological stress
(A) No threat to his security? Try not paying the fine and see what happens.
(B) You also say the Commission “will” order the so-called bad behaviour to stop. And if it doesn’t, you’ll fine him again.
(C) Who cares if this is the first time the argument has been brought up?
Now a quote from the Supreme Court of Canada:
First and foremost, free expression is essential to the proper functioning of democratic governance. As Rand J. put it, “government by the free public opinion of an open society . . . demands the condition of a virtually unobstructed access to and diffusion of ideas”: Switzman, at p. 306.
Second, the free exchange of ideas is an “essential precondition of the search for truth”: R. v. Keegstra,  3 S.C.R. 697, at p. 803, per McLachlin J. This rationale, sometimes known as the “marketplace of ideas”, extends beyond the political domain to any areaof debate where truth is sought through the exchange of information and ideas. Information is disseminated and propositions debated. In the course of debate, misconceptions and errors are exposed. What withstands testing emerges as truth.
Third, free expression has intrinsic value as an aspect of self‐realization for both speakers and listeners. As the majority observed in Irwin Toy, at p. 976, “the diversity in forms of individual selffulfillment and human flourishing ought to be cultivated in an essentially tolerant, indeed welcoming, environment not only for the sake of those who convey a meaning, uut also for the sake of those to whom it is conveyed”. Grant v. Torstar Corp., 2009 SCC 61 at paras. 4750; see also R v. Keegstra,  3 SCR 697 [Keegstra], at paras. 87‐89;
This is quite laughable, as the Tribunal has no interest in the factual basis of Whatcott’s claim (that Oger is male), nor in the statistical research and evidence regarding transgenders in general.
 I reject this proposition in the strongest possible terms. The question of whether transgender people exist and are entitled to dignity in this province is as valuable to ongoing public debate as whether one race is superior to another. This does not mean that all expression that criticizes or questions the existence of transgender people violates the Code. Here I distinguish between public debate about, for example, the scope of rights that different groups in society may be afforded, and commentary like that which is in the Flyer, which denies the very existence of transpeople. Understood in its proper context, it is simply not accurate to place this type of expression at the core of s. 2(b) values.
(A) False equivalence. The reality of transitioning is not the same thing as racial supremacy.
(B) False equivalence. Questioning whether trans-people exist is not the same thing as saying a person should not have dignity.
(C) The flyer is inappropriate, but once again the Tribunal dodges the issue of “truth”.
 This argument confuses distinctions with discrimination. Efforts to increase the participation and representation of groups which have historically been excluded from political life serve the goals of achieving substantive equality and enriching Canada’s democracy. But to advocate against including those groups in politics is not the same thing as arguing for their deliberate inclusion. The law has long understood that identical treatment of groups is often the very source of serious inequality: Kapp at para. 27, citing Andrews. Put another way, “different treatment in the service of equity for disadvantaged groups is an expression of [substantive] equality, not an exception to it”: P. W. Hogg, Constitutional Law of Canada (5th ed. Supp. 2007), vol. 2, at p. 5553; cited with approval in Kapp at para. 37. It is simply not reasonable to equate efforts to increase the representation of disadvantaged groups in government with those which would seek to continue to exclude them. While I acknowledge that individual voters may choose to discriminate within the privacy of a ballot box, it does not further Canada’s democracy to suggest that a person’s connection with a historically disadvantaged group is a legitimate point on which to openly campaign against them.
To summarize this word salad: ACTUAL equal treatment of people can be wrong, since it doesn’t take “historical marginalization” into account. Hence the idea of 15(2) of the Charter (affirmative action). This is essentially different rules for different groups in order to “increase representation”.
The decision is long one (100 pages), but this covers the main points. The Tribunal also goes on at length about Whatcott refusing to refer to Oger as “she” despite being repeatedly told not to.
While Whatcott comes off as a bit of a jerk, it is hard to come up with much sympathy for Oger, who is essentially a professional victim. The proposed “hate map” is essentially a doxing tool for opinions that they don’t agree with.
It is also disturbing to see the Tribunal so uninterested in fact or truth. Legitimate concerns about whether a person can transition are deemed hate speech. Further, the tribunal doesn’t care for evidence presented regarding statistics of trans-people. If anything, it is deemed as more of a reason to grant special status.
Whatcott “identifies” as a Christian activist, yet Oger “really is” a woman. The Tribunal is inconsistent in their own standards.
And as seems to be the case in all provinces, the “human rights” code stipulates that no intent is necessary for a finding against a person or group.
Will there be an appeal (in the form of an application for judicial review)? We will find out. But this sets a very bad precedent.
Author’s Note: The topic of online trolling was originally meant to be brought up as satire. However, the actual text of the law merits a serious piece.
DEFAMATORY LIBEL laws are still on the books!
CLICK HERE, for a prior review of Bill C-71 (firearms) CLICK HERE, for a prior review of Bill C-75 (terrorism) CLICK HERE, for global efforts to ban criticism of Islam. CLICK HERE, for “defamatory libel” in the Criminal Code. CLICK HERE, for previous version. CLICK HERE, for Canadian Charter of Rights & Freedoms. CLICK HERE, for R. v. Stevens, 1993 CanLII 14706 (MB PC). CLICK HERE, for cases linked to R. v. Stevens. CLICK HERE, for R. v. Lucas, (1998)
FROM THE CRIMINAL CODE
Definition of newspaper
297 In sections 303, 304 and 308, newspaper means any paper, magazine or periodical containing public news, intelligence or reports of events, or any remarks or observations thereon, printed for sale and published periodically or in parts or numbers, at intervals not exceeding thirty-one days between the publication of any two such papers, parts or numbers, and any paper, magazine or periodical printed in order to be dispersed and made public, weekly or more often, or at intervals not exceeding thirty-one days, that contains advertisements, exclusively or principally.
R.S., c. C-34, s. 261.
Definition 298 (1) A defamatory libel is matter published, without lawful justification or excuse, that is likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or that is designed to insult the person of or concerning whom it is published.
Mode of expression
(2) A defamatory libel may be expressed directly or by insinuation or irony
(a) in words legibly marked on any substance; or
(b) by any object signifying a defamatory libel otherwise than by words.
R.S., c. C-34, s. 262.
299 A person publishes a libel when he
(a) exhibits it in public;
(b) causes it to be read or seen; or
(c) shows or delivers it, or causes it to be shown or delivered, with intent that it should be read or seen by any person other than the person whom it defames.
R.S., 1985, c. C-46, s. 299; 2018, c. 29, s. 31.
Punishment of libel known to be false
300 Every one who publishes a defamatory libel that he knows is false is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
R.S., c. C-34, s. 264.
Punishment for defamatory libel
301 Every one who publishes a defamatory libel is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
R.S., c. C-34, s. 265.
Extortion by libel
302 (1) Every one commits an offence who, with intent
(a) to extort money from any person, or
(b) to induce a person to confer on or procure for another person an appointment or office of profit or trust,
publishes or threatens to publish or offers to abstain from publishing or to prevent the publication of a defamatory libel.
(2) Every one commits an offence who, as the result of the refusal of any person to permit money to be extorted or to confer or procure an appointment or office of profit or trust, publishes or threatens to publish a defamatory libel.
(3) Every one who commits an offence under this section is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
R.S., c. C-34, s. 266.
Proprietor of newspaper presumed responsible
303 (1) The proprietor of a newspaper shall be deemed to publish defamatory matter that is inserted and published therein, unless he proves that the defamatory matter was inserted in the newspaper without his knowledge and without negligence on his part.
General authority to manager when negligence
(2) Where the proprietor of a newspaper gives to a person general authority to manage or conduct the newspaper as editor or otherwise, the insertion by that person of defamatory matter in the newspaper shall, for the purposes of subsection (1), be deemed not to be negligence on the part of the proprietor unless it is proved that
(a) he intended the general authority to include authority to insert defamatory matter in the newspaper; or
(b) he continued to confer general authority after he knew that it had been exercised by the insertion of defamatory matter in the newspaper.
(3) No person shall be deemed to publish a defamatory libel by reason only that he sells a number or part of a newspaper that contains a defamatory libel, unless he knows that the number or part contains defamatory matter or that defamatory matter is habitually contained in the newspaper.
Selling book containing defamatory libel
304 (1) No person shall be deemed to publish a defamatory libel by reason only that he sells a book, magazine, pamphlet or other thing, other than a newspaper that contains defamatory matter, if, at the time of the sale, he does not know that it contains the defamatory matter.
Sale by servant
(2) Where a servant, in the course of his employment, sells a book, magazine, pamphlet or other thing, other than a newspaper, the employer shall be deemed not to publish any defamatory matter contained therein unless it is proved that the employer authorized the sale knowing that
(a) defamatory matter was contained therein; or
(b) defamatory matter was habitually contained therein, in the case of a periodical.
R.S., c. C-34, s. 268.
Under 301 defamatory libel is punishable by up to 2 years. However, in Section 300 publishing defamatory libel is punishable by up to 5 years. What exactly is the difference?
Bill C-75 (terrorism and other offences) included provisions to make terrorism eligible to be tried summarily (for lesser punishments). However, mean words is automatically indictable. Seriously?
Obvious question: but in a free society, why would civil infractions be criminalized?
Under Section 298(1) and (2), irony and satire seem to be included.
Under Section 303, newspaper editors are “assumed” to be liable. So much for the presumption of innocence in our criminal “justice” system.
However, when publishing a “book” (under Section 304), the publisher is assumed not to be have known.
DEFENSES TO DEFAMATORY LIBEL
Well, there are some defenses, which is good to know. For example, it’s not a crime if bad things are said in the context of divorce proceedings, or parliamentary or judicial proceedings.
Fair report of public meeting
308 No person shall be deemed to publish a defamatory libel by reason only that he publishes in good faith, in a newspaper, a fair report of the proceedings of any public meeting if
(a) the meeting is lawfully convened for a lawful purpose and is open to the public;
(b) the report is fair and accurate;
(c) the publication of the matter complained of is for the public benefit; and
(d) he does not refuse to publish in a conspicuous place in the newspaper a reasonable explanation or contradiction by the person defamed in respect of the defamatory matter.
R.S., c. C-34, s. 272.
309 No person shall be deemed to publish a defamatory libel by reason only that he publishes defamatory matter that, on reasonable grounds, he believes is true, and that is relevant to any subject of public interest, the public discussion of which is for the public benefit.
R.S., c. C-34, s. 273.
Fair comment on public person or work of art
310 No person shall be deemed to publish a defamatory libel by reason only that he publishes fair comments
(a) on the public conduct of a person who takes part in public affairs; or
(b) on a published book or other literary production, or on any composition or work of art or performance publicly exhibited, or on any other communication made to the public on any subject, if the comments are confined to criticism thereof.
R.S., c. C-34, s. 274.
When truth a defence
311 No person shall be deemed to publish a defamatory libel where he proves that the publication of the defamatory matter in the manner in which it was published was for the public benefit at the time when it was published and that the matter itself was true.
R.S., c. C-34, s. 275.
Publication invited or necessary
312 No person shall be deemed to publish a defamatory libel by reason only that he publishes defamatory matter
(a) on the invitation or challenge of the person in respect of whom it is published, or
(b) that it is necessary to publish in order to refute defamatory matter published in respect of him by another person,
if he believes that the defamatory matter is true and it is relevant to the invitation, challenge or necessary refutation, as the case may be, and does not in any respect exceed what is reasonably sufficient in the circumstances.
R.S., c. C-34, s. 276.
Answer to inquiries
313 No person shall be deemed to publish a defamatory libel by reason only that he publishes, in answer to inquiries made to him, defamatory matter relating to a subject-matter in respect of which the person by whom or on whose behalf the inquiries are made has an interest in knowing the truth or who, on reasonable grounds, the person who publishes the defamatory matter believes has such an interest, if
(a) the matter is published, in good faith, for the purpose of giving information in answer to the inquiries;
(b) the person who publishes the defamatory matter believes that it is true;
(c) the defamatory matter is relevant to the inquiries; and
(d) the defamatory matter does not in any respect exceed what is reasonably sufficient in the circumstances.
Good to know that truth is a valid defense. Also, “public benefit” considered to be a defense. But don’t we have something called the Charter of Rights and Freedoms? Aren’t there fundamental freedoms guaranteed to us? Let’s take a look.
But first, let’s look at a silly comparison: what are the punishments for advocating genocide?
FUNDAMENTAL FREEDOMS OF CANADIAN CHARTER
318 (1) Every one who advocates or promotes genocide is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Definition of genocide
(2) In this section, genocide means any of the following acts committed with intent to destroy in whole or in part any identifiable group, namely,
(a) killing members of the group; or
(b) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction.
(3) No proceeding for an offence under this section shall be instituted without the consent of the Attorney General
That’s right. Advocating genocide is an indictable offense, punishable by up to 5 years in prison.
Think that through. Insulting people publicly can be treated just as harshly as actually calling for people to be exterminated.
FUNDAMENTAL FREEDOMS OF CANADIAN CHARTER
2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.
On the surface, yes, fee speech, belief, expression and opinion are guaranteed. Yet these “defamatory libel” laws are still on the books. So what happens when they collide?
1. Is s. 300 of the Criminal Code of Canada an infringement of freedom of expression as guaranteed under s. 2(b) of the Canadian Charter of Rights and Freedoms?
2. If s. 300 of the Criminal Code is an infringement of the Charter can it be upheld under s. 1 of the Charter as a reasonable limit prescribed by law and demonstrably justified in a free and democratic society?
While I have struck down certain portions of ss. 298 and 299 for failing the proportionality test under s. 1, this result has no impact in the present case in view of the findings of fact previously made by this court.
Accordingly, I find Mr. Stevens guilty of the offence under s. 300
of the Criminal Code as charged.
This Judge rules that yes, it is a violation of the Charter, but a justifiable one under Section 1.
 In his reasons for sentence ((1995), 1995 CanLII 4081 (SK QB), 132 Sask. R. 71), the trial judge stated “that John David Lucas was the instigator and Johanna Erna Lucas was his follower” (p. 74). This finding raises the possibility that Mrs. Lucas’s knowledge might have derived at least in part from what she was told by Mr. Lucas, and she may therefore have believed that the message was true even though in fact it was not.
 In the absence of findings of fact by the trial judge related to subjective knowledge, there is insufficient evidence before this Court to prove beyond a reasonable doubt that Mrs. Lucas knew that the messages on the placard she carried were false. Accordingly, her conviction must be set aside.
 Ordinarily, a new trial would be ordered. However, in light of the Crown’s statement that in the circumstances the Crown would not proceed with a new trial, I would direct an acquittal of Mrs. Lucas.
An acquittal here, but only because the person didn’t know the statements weren’t true.
DO WE HAVE FREE SPEECH?
To a point, yes. However, a free speech absolutist would argue that no, that isn’t free speech.
However, in the world of everyone criticizing everyone, this type of law seems to easy to be abused. One person’s satire and trolling is another person’s hate and defamatory libel.
There are several other cases to go through. But the point here remains:
DEFAMATORY LIBEL laws are still on the books!
There are plenty of “civil” cases for defamation even in recent years. However, “criminal” cases for defamation seem to be a thing of the past. Probably since there are far more important things for police and prosecutors to busy themselves with.
Check toolbar on right for globalism links (under counter). Also view the MASTERLIST.
All personal court appearances are under “BLOG”
Fed Court cases are addressed on right under “Canadian Media”.
Deep State Enterprises is looking for independent contractors in their “Controlled Opposition” Division. If you think you may be qualified, please consider the following:
Experience preferred, but will train right candidate
Experience in gaslighting preferred
A fondness for “selective truthfulness” required
Computer skills important
Quick witted with 1-liners a plus
Knowledge of SJW talking points
An eagerness to ward off deeper conversation
Below are some topics that will often be encountered in everyday conversation. Note: the first list is what you are “allowed” to promote, as an advocate of free speech. The second list is where we don’t want people to go.
The lists are not exhaustive, and more topics will be introduced as you gain experience.
Biological differences between men and women
Debunking the wage gap
Debunking cultural Marxism
Pointing out culture clash with Islam
Mocking Trudeau’s silly agenda
Calling out SJW identity politics
Pointing out financial costs of mass migration
Ridiculing the “diversity is our strength” motto
Noting differences in cultural groups
Biological differences between racial groups
Why the gender pay gap illusion exists
Investigating “why” cultural Marxism exists
Examining the sources and goals of Islam
Questioning who is behind Trudeau’s silly agenda
Unifying a nation under an identity
Pointing out social costs of mass migration
Asking “why” diversity is better than unity
Asking if cultural groups are compatible
As a member of the “controlled opposition” team, your job is not to allow free speech and open debate. Rather, it is to allow the “illusion” of free speech and debate.
During your orientation, you will be given the manual of which topics are acceptable, and to what degree
Matching RRSP contributions
3 weeks annual vacation to start
Telecommuting – can often work from home
Extensive dental and medical benefits
A challenging atmosphere with room to grow
Contact — Kelly in Prince Albert, SK
(like Heisenberg in Breaking Bad, she is only known by one name)