Walied Soliman is the Canadian chair of Norton Rose Fulbright. He is also co-chair of our Canadian special situations team, which encompasses Canada’s leading hostile and complex M&A, shareholder activism and complex reorganization transactions. He is widely regarded as one of the leading special situations practitioners in Canada. Over the past several years, Mr. Soliman has been involved in almost every major proxy battle in Canada, acting for both issuers and activists. In addition, his practice focuses on mergers and acquisitions, restructurings, financings, corporate governance and structured products.
Sought after for his depth of knowledge and experience, Mr. Soliman was appointed in February, 2020 by the government of Ontario to serve as chair of the Capital Markets Modernization Taskforce, whose mandate was to conduct a full review of the capital markets regulatory regime.
Mr. Soliman was the only lawyer recognized in the Globe and Mail’s Report on Business Magazine Power 50 list for 2017; was designated as a “Star Lawyer” by Acritas in 2017 for ranking in the top 28 lawyers globally (over 5,000 lawyers) as selected by a panel of over 3,000 senior in-house counsel; ranked as a leading Canadian corporate lawyer by both Chambers Canada and Lexpert Canada since 2016; named one of the 25 most influential lawyers in Canada by Canadian Lawyer magazine in 2014; ranked by Best Lawyers in Canada since 2013; and was ranked as one of the Top 40 Lawyers under 40 in Canada by L’expert magazine in 2009. Mr. Soliman sits on the board of the BlackNorth Initiative against anti-Black racism, and among other philanthropic endeavours, he is a board member of the Toronto SickKids Hospital Foundation.
The above quote is from Soliman’s biography in his profile with Norton Rose Fulbright. While holding a position as a corporate lawyer, he has many other roles. Some might see these as conflicts of interest. Soliman was also a campaign chair for Erin O’Toole, who now heads the Conservative Party of Canada. Soliman is also a Director at the Gates-funded Sick Kids Hospital Toronto.
Blacknorth is in fact a real group, and it’s job is to convince the Canadian public that there is systemic racism against black. This in spite of laws which HELP blacks in criminal court. Obviously, it’s nothing to so with average physical differences, or differences in culture. It must be racism perpetrated by whites. Directors also include Paul Desmarais III, and former Governor General David Johnston.
3. Biometric Identification Article
Side note: Martin Masse would also go on to work at the Desmarais controlled Montreal Economic Institute.
As biometric technologies become more sophisticated and accessible in the marketplace, employers doing business in Quebec are increasingly considering the opportunity to implement biometric identification systems. At first glance, these systems may appear convenient and cost-effective, and, in some circumstances, they indeed are. Unfortunately, convenience is not the decisive criterion to justify their implementation: necessity is that criterion. In addition, since the entry into force on November 1st, 2001 of the Act to Establish a Legal Framework for Information Technology (the ‘‘Act”), employers must comply with relatively burdensome formalities before proceeding with the implementation of such systems.
types of biometry
Physiological biometry is based on particular physical features which are unique and permanent for each person such as fingerprints, the form of hands and of the face, the iris and retina of an eye. On the other hand, behavioural biometry refers to the analysis of the behaviours of a person such as his signature, his voice or his keyboard typing habits.
the legal framework in Quebec
The implementation of biometric systems may raise concerns in connection with employees’ rights to the respect of their private life, integrity and dignity. Depending on the nature and use of the biometric characteristics or measurements recorded, certain practices may lead to discrimination claims. They also beg the question whether they infringe section 46 of the Quebec Charter of Human Rights and Freedoms which provides that: ‘‘Every person who works has a right, in accordance with the law, to fair and reasonable conditions of employment which have proper regard for his health, safety and physical well-being” (emphasis added).
Mathematical Representation Technology usually does not raise any human rights concerns since no images of employees’ fingerprints are stored. Furthermore, its underlying purpose is legitimate and work-related as it is generally implemented by employers wishing to increase the cost-efficiency and the accuracy of their working time attendance recording systems.
If nothing else, an interesting topic, although there would be some serious privacy issues. Of course, if refusing biometrics results in the loss of a job offer, it’s hardly voluntary. McMillan also has a very recent publication cannabis and waste as a “green opportunity”.
4. Heenan Blaikie (Now Defunct) Firm
For many years, Heenan Blaikie was perhaps the most prestigious law firm in Canada. However, it went under in February 2014, due largely to the greed of its members. However, there are some prominent names who were once part of the law firm. Several should be familiar. It seems that spending time at Heenan Blaikie is a stepping stone to greater things.
Michel Bastarache, Ex-Supreme Court Justice
André Bureau, Ex-Head of CRTC
Jean Chretien, Ex-Prime Minister
Oliver Desmarais, Vice-President at Power Corporation
Clement Gascon, Ex-Supreme Court Justice
Roy Heenan, Ex-Head of Trudeau Foundation
Pierre-Marc Johnson, Ex-Quebec Premier
Donald J. Johnston, Ex-Head of OECD
Erin O’Toole, Head of Conservative Party of Canada
David Stratas, Ex-Justice for Federal Court of Appeal
Pierre Trudeau, Ex-Prime Minister
5. Desmarais: Canada’s Political Family
If you aren’t familiar with the Desmarais Family and Power Corporation, see this earlier review on the subject. There are many tentacles in Canadian politics, and these are some of them.
Brian Mulroney, Ex-PM, was a lawyer for Power Corp.
Jean Chretien’s daughter married Andre Desmarais
Paul Martin worked for Power Corp., and received Canada Steamship Lines
Peter MacKay dated Paul Desmarais Jr’s daughter
Maxime Bernier worked for Montreal Economic Institute, headed by Helene Desmarais
Martin Masse worked for Montreal Economic Institute, headed by Helene Desmarais
Gary Doer, Ex-Manitoba Premier, sits on Power Corp’s Board of Directors
John Rae, Brother of Bob Rae, worked for Power Corp.
Pierre Beaudoin, Bombardier Chair, is also a Power Corp Director
Also noteworthy is that Andre Desmarais and Linda Koch Lorimer sit on the Trilateral Commission, along with many Canadian politicians. Desmarais is also part of the Century Initiative.
6. Canada-China Business Council
CCBC members include some of the largest and best-known Canadian and Chinese firms, as well as small to medium-sized enterprises (SMEs), entrepreneurs, and non-profit organizations. Members represent a wide range of sectors, including education, financial services, professional services, manufacturing, construction, transportation, oil and gas, natural resources, ICT, and public sector.
Essentially, this is a coalition of parties (many of whom have political ties), committed to commercial trade and relations with China. However, these relations may not be in Canada’s best interests.
Olivier Desmarais, Chair
Power Corporation and Power Financial
Graham Shantz, President
The Honourable Scott Brison, P.C., Vice-Chair
BMO Capital Markets
The Honourable Martin Cauchon, P.C., LL.M., ICD.D, Ad. E., Vice-Chair
Counsel, DS Lawyers Canada LLP
David T. Fung, B.Eng., M. Eng., Ph.D., PEng (BC), C. Dir., A.C.C., H.R.C.C.C., LL.D. (Hon.), D.Sc. (Hon.), Vice-Chair
ACDEG International Inc.
British Columbia First Nations Energy and Mining Council
Vice-President, Government Relations
Vice President, Government Affairs
President & CEO
Power Pacific Corporation Limited
Partner and Chair of Asia Group
McCarthy Tétrault LLP
The Honourable James Moore
Senior Business Advisor
Nicole Changwen NIE
President and CEO
Industrial and Commercial Bank of China (Canada)
Senior Vice President, Air Canada Express and Government Relations
Pierre Seïn Pyun
Vice President, Government Affairs
And of course:
-Paul Desmarais Sr.
-Andre Desmarais (son-in-law of Jean Chretien)
7. CCBC Pushed Hard For Chinese FIPA
The Canada-China Business Council was one of the organizations pushing hard for FIPA, the Foreign Investment Promotion and Protection Agreement between Canada and China. See the earlier review. This CCBC is bipartisan, and is made up of both Liberals and Conservatives. In fact, the Conservative Party of Canada was key in selling out to China, but now tells the public they will stand up for Canada.
James Moore, of course, sits on the CCBC, and was a major proponent of FIPA. Erin O’Toole (now head of the CPC), lobbied hard for FIPA when he was a Parliamentary Secretary to the Minister of Foreign Trade.
8. Canada-China Business Council & Huawei
Business between Canada and China doesn’t happen in a closed corridor. Two most important factors that impact bilateral business are US-China relations and heightened technology competition. Our Fall 2020 Distinguished Speakers Series takes on these issues, featuring speakers who shine a spotlight on topics such as media coverage of China, 5G and Huawei, industrial espionage, data security, and AI.
Huawei Canada Demystified
September 24, 2020
9:00 am – 10:00 am ET
With everything going on, sure, let’s focus on this. Surely China is just being misunderstood in the Western media. Interesting that the people held hostage wasn’t listed.
9. CANZUK, Open Borders, Erin O’Toole
CANZUK was addressed here, here, and here. It was initially adopted in 2018, when Andrew Scheer was leader. Now, Erin O’Toole seems to be an even stronger enthusiast. In short, this open borders scheme will let in “more and more countries” as time passes. O’Toole previously pitched it as opportunity. Now, he refers to it as a necessity to counterbalance China.
It’s strange that O’Toole hasn’t seem to lost his desire for open borders, even as he calls for Canada to invoke the Emergencies Act, and adopt a war footing. He also adopts a version of the “Build Back Better” slogan.
10. Harper: International Democratic Union
Having regard to their common convictions that democratic societies provide individuals throughout the world with the best conditions for political liberty, personal freedom, equality of opportunity and economic development under the rule of law; and therefore
Being committed to advancing the social and political values on which democratic societies are founded, including the basic personal freedoms and human rights, as defined in the Universal Declaration of Human Rights; in particular, the right of free speech, organisation, assembly and non-violent dissent; the right to free elections and the freedom to organise effective parliamentary opposition to government; the right to a free and independent media; the right to religious belief; equality before the law; and individual opportunity and prosperity;
Having regard to their common beliefs in an open society, where power is dispersed widely amongst free institutions, dedicated to creating conditions that will enable each individual to reach his full potential and to carry out his responsibilities to his fellow man; and where the central task of government is to serve the individual and to safeguard and promote individual freedom; and equally
Stressing the moral commitments of a free and open society, supporting the institution of the family as its fundamental social and cohesive force, as well as social responsibility towards the weak and less fortunate, particularly by encouraging self-help and individual enterprise and choice in the provision of services;
Being dedicated to a society of individuals working together in partnership for the common good;
All of this course seems perfectly fine and normal. However, this is an effort to build toward a world government, much like the proposed United Nations Parliamentary Assembly.
The Conservative Party of Canada is also listed as a member in the IDU. So are the Conservative Party in the UK, and the Republican Party in the U.S. Do the Party members know about this?
Of course, if you ask Maxime Bernier about his own involvement in promoting the UNPA, he will go full-Rempel and block you on Twitter. As for some of IDU’s members:
The Right Honourable Stephen Harper
Conservative Party, Canada
Liberal Party, Australia
Lord Ashcroft KCMG, PC
Partido Unionista, Guatemala
Christopher J. Fussner
Republican Party, USA
Dr. Kizza Besigye
Forum for Democratic Change, Uganda
The Honourable Reinhold Bocklet
Christian Social Union, Germany
José Carlos Aleluia
Movimento Democrata Social, Bolivia
11. The Laurentian Swamp Runs Canada
This is hardly an exhaustive account, but know that there is a group of people who run Canada for themselves, to the detriment of the public. They control all major parties, and much of the political agenda. As such, Canadians have no real representation in Government.
Leslyn Lewis finished her PhD dissertation in May 2019 from York University, in Toronto. It covered a number of legal areas around climate change, the Paris Accord, intellectual property, and trade agreements. Months after finishing, she ran for the leadership of the CPC, as Andrew Scheer had been forced out.
1. About Leslyn Lewis’ PhD Dissertation
To start out: the quality of the writing is very good. The content is well organized and the paper well cited. This wasn’t just some mess hastily thrown together. This is not to question her reading or writing abilities — which are impressive — but to ask ideologically what she stands for.
However, the concern now starts to creep in. This wasn’t some undergraduate paper written 20 or 30 years ago, but Lewis’ PhD dissertation. She finished it in 2019, at the age of 48.
From the content of the paper, it seems clear that Lewis fully embraces the climate change scam as a reality. She supports the Paris Agreement, despite its explicit and repeated focus on “climate finance, and its focus on “alternative energy sources”. She appears to have bought into the green agenda. The paper itself discusses (among other things), how trade agreements and intellectual property disputes can impede efforts to fight climate change.
Less than a year later, Lewis, (a political unknown), would be running for the Conservative Party of Canada leadership. She finished 3rd. Like most “conservatives”, she sings the praises of the UNSDA and Paris Accord, only objecting to a Carbon tax.
Lewis also calls herself a “social conservative”, but was once a Director at LEAF, the Women’s Legal Education & Action Fund. LEAF is a pro-death, anti-family organization.
2. Offshoring, Globalization, Free Trade
The other posts on outsourcing/offshoring are available here. It focuses on the hidden costs and trade offs society as a whole has to make. Contrary to what many politicians and figures in the media claim, there are always costs to these kinds of agreement. These include: (a) job losses; (b) wages being driven down; (c) undercutting of local companies; (d) legal action by foreign entities; (e) industries being outsourced; (f) losses to communities when major employers leave; and (g) loss of sovereignty to foreign corporations and governments. Intellectual property also becomes a tricky issue. Don’t believe the lies that these agreements are overwhelmingly beneficial to all.
3. Debunking The Climate Change Scam
The entire climate change industry, (and yes, it is an industry) is a hoax perpetrated by the people in power, run by international bankers. Plenty has also been covered on the climate scam, the propaganda machine in action, and some of the court documents in Canada. Carbon taxes are just a small part of the picture, and conservatives are intentionally sabotaging their court cases.
4. Quotes From Lewis’ 2019 Dissertation
The dissertation consists of several chapters, each with its own abstract. The document itself is large enough to stand alone as a book. This review doesn’t really do justice to the volume of writing, but outlines the more interesting parts.
(screenshots from the dissertation)
ABSTRACT Climate change abatement strategies are intrinsically linked to policies that encourage the use of alternative energy sources such as renewable energies. The importance of these strategies has been entrenched in various World Trade Organization (WTO) treaties including the Agreement on Subsidies and Countervailing Measures (“SCM Agreement”), Agreement on Trade-related Aspects of Intellectual Property Rights (“TRIPS”), Agreement on Trade-Related Investment Measures (“TRIMs”), as well as pre-WTO treaties like the General Agreement on Tariffs and Trade (“GATT”). The issue of environmental subsides, specifically renewable energy subsidies, have resurfaced in a number of disputes before the WTO Dispute Settlement Body since its first green subsidy case, brought in 2010 by Japan against Canada’s Feed-In Tariff Program (“FIT Program”). In the initial case, Japan alleged that the Ontario FIT Program’s local content requirement was discriminatory against foreign renewable energy products. Moreover, discrimination amounted to a prohibited subsidy under the SCM Agreement and was simultaneously contrary to the most favourable nation status (“MFN”) under the GATT. This decision raises concern about whether the SCM Agreement poses a barrier to governmental policies promoting FIT Programs to encourage renewable energy usage and its impact on the developing world. Specifically, do treaties like the SCM Agreement impede the development of government climate change abatement policies by requiring these programs to meet a minimum standard of trade compliance? Should WTO treaties like the SCM Agreement be amended to include flexibilities to combat climate change, especially in light of the goals set in the 2015 Paris Agreement on climate change? This paper will review the WTO subsidy rules and query whether flexibilities need to be entertained within the area of nonactionable subsidies. This mode of inquiry questions whether FIT Programs be classified as subsidies under the SCM Agreement. If FIT Programs are properly classified as subsidies, should these initiatives be granted an exemption under the SCM Agreement on the basis of public policy— with the goal of facilitating affordable renewable energy and climate change abatement in the developing world?
For better or for worse, there are a number of trade regulations, such as those imposed by the World Trade Organization. These set out guidelines for international trade. Lewis makes an argument that perhaps exceptions should be put into such rules in certain circumstances. In this case, she specifically refers to climate change and complying with the Paris Agreement.
Intellectual property law was constructed to facilitate innovation and development by granting a limited monopoly in exchange for the public’s right to use an invention after the period of exclusivity expires. The trade-off of granting intellectual property protections in reward for the investment in an invention is intended to be a temporary benefit. Trade secrets have been thought of as the weakest form of intellectual property, because non-disclosure is the only form of protection. In other words, infringement of a trade secret occurs upon the unauthorized disclosure of the secret. However, absent reverse engineering and/or legitimate disclosure, protection over trade secrets may arguably extend the exclusivity rights in perpetuity. The debate on “evergreening” has focused largely on extending the life cycle of pharmaceutical patents to the omission of other forms of intellectual property, like trade secrets. The concept has also been widely ignored in relation to climate change abatement technologies. In this regard, considerations around evergreening and trade secrets have been substantially neglected. The loophole in international intellectual property treaties, like Trade Related Aspects of Intellectual Property Rights (“TRIPS”), may lead to inequalities between industrial nations and developing ones, especially for products like photovoltaic solar panels that rely heavily on trade-secret protection. In addition, this non-disclosure may also impact on green technology transfer and may impede climate change abatement strategies in the developing world. This paper will explore the practice of evergreening as it relates to the prospect that trade secret protection may extend beyond the 20-year limit, as prescribed in TRIPS, and the implications of this practice for developing countries that seek to meet climate change commitments as outlined in the 2016 Paris Climate Change Agreement (the “Paris Agreement”). Arguably, the absence of a fixed statutory period for trade secrets may enable patent owners to participate in creative ways to “evergreen” their products or processes, with the result of extending the life-cycle. The practice of evergreening through trade secrets may have a negative impact on the ability of developing nations to meet their national climate change objectives. Specifically, international treaties like TRIPS, the General Agreement on Tariffs and Trade, 1994 (“GATT”), the United Nations Framework Convention on Climate Change (the “UNFCCC”), and the Paris Agreement, have attempted to incorporate climate change flexibilities that assist developing countries in meeting their climate change goals. The efficacy of technology transfer provisions in international law will be examined within the context of how the lack of a fixed term for trade secrets impacts on actual green technology transfer. It will canvass whether trade secret protection of off-patent green technologies acts as an inadvertent barrier to technology transfer within the developing world.
Intellectual property is what it sounds like. When a person creates or discovers things, they have certain rights to it. This makes sense. Patents prevent others from scooping and using another’s inventions, at least for a number of years. Trademarks or copyright prevent others from using creations or designs (subject to fair dealing limitations).
Lewis raises the argument of making exceptions to these IP laws if they were used for a “greater good”, such as combatting climate change.
A number of Conference of Parties (“COP”) to the United Nations Framework on Climate Change (“the UNFCCC”) have addressed the issue of climate change and its effect on the developing world. Energy insecurity must be addressed as a precondition to sustainable development, along with the regional factors that pose legal and institutional barriers to implementing of green energy projects in sub-Saharan Africa. Many sub-Saharan African nations have enacted renewable energy laws and regulations to increase investor confidence in green energy projects. Despite current regulatory enhancements, investors are still reluctant to invest in the region due to financing and political risks. Climate financing could potentially address investor concerns, however, initiatives like the Green Climate Fund (“GC Fund”) and the African Climate Change Fund need to be implemented in a manner that promotes confidence among investors in these high capital projects. Arguably, for climate financing to achieve its full potential in sub-Saharan Africa it must be implemented in an innovative fashion that contemplates the infrastructure, environment and social governance for investments as well as fulfilling the dual goal of development and balancing national commitments under the Paris Climate Change Agreement (COP 21).
In this chapter Lewis goes on to make the argument that “climate financing”, (which really means a variety of Carbon taxes), should be implemented in order to fulfill the Paris Agreement and promote development in the 3rd World.
Lewis doesn’t seem to have an issue with intellectual property or trade regulations on principle. She just argues that exceptions should be made for fighting climate change.
These, of course, are just abstracts of a few chapters, not the entire dissertation. The whole document is quite long, nearly 400 pages when all the references and citations are added in.
5. Paris Accord Will Kill Oil & Gas Industry
Just read Article #9…..
1. Developed country Parties shall provide financial resources to assist developing country Parties with respect to both mitigation and adaptation in continuation of their existing obligations under the Convention.
2. Other Parties are encouraged to provide or continue to provide such support voluntarily.
3. As part of a global effort, developed country Parties should continue to take the lead in mobilizing climate finance from a wide variety of sources, instruments and channels, noting the significant role of public funds, through a variety of actions, including supporting country-driven strategies, and taking into account the needs and priorities of developing country Parties. Such mobilization of climate finance should represent a progression beyond previous efforts.
4. The provision of scaled-up financial resources should aim to achieve a balance between adaptation and mitigation, taking into account country-driven strategies, and the priorities and needs of developing country Parties, especially those that are particularly vulnerable to the adverse effects of climate change and have significant capacity constraints, such as the least developed countries and small island developing States, considering the need for public and grant-based resources for adaptation.
5. Developed country Parties shall biennially communicate indicative quantitative and qualitative information related to paragraphs 1 and 3 of this Article, as applicable, including, as available, projected levels of public financial resources to be provided to developing country Parties. Other Parties providing resources are encouraged to communicate biennially such information on a voluntary basis.
6. The global stocktake referred to in Article 14 shall take into account the relevant information provided by developed country Parties and/or Agreement bodies on efforts related to climate finance.
7. Developed country Parties shall provide transparent and consistent information on support for developing country Parties provided and mobilized through public interventions biennially in accordance with the modalities, procedures and guidelines to be adopted by the Conference of the Parties serving as the meeting of the Parties to this Agreement, at its first session, as stipulated in Article 13, paragraph 13. Other Parties are encouraged to do so.
8. The Financial Mechanism of the Convention, including its operating entities, shall serve as the financial mechanism of this Agreement.
9. The institutions serving this Agreement, including the operating entities of the Financial Mechanism of the Convention, shall aim to ensure efficient access to financial resources through simplified approval procedures and enhanced readiness support for developing country Parties, in particular for the least developed countries and small island developing States, in the context of their national climate strategies and plans.
That is, of course, just Article 9. Here is an earlier review. Claiming to be able to implement the Paris Accord without Carbon taxes is disingenuous, as large parts of the Agreement specifically refer to climate finance.
While many could claim that they never actually read the Agreement, Lewis’ dissertation revolves around this and the Sustainable Development Agenda. She quotes it at length. She has clearly read and understood what is going on. The dissertation is very well written, and it’s clear a lot of work went into it.
So what does Leslyn Lewis actually believe when it comes to climate change, the Paris Agreement, and various UN taxes? Who knows?
Note: Since Lewis did run to become head of the CPC (and official Opposition Leader), and since she is still running for office, she is a public figure.
As an side: Alberta MP Garnett Genuis tried to defend voting for the Paris Agreement in 2017. It didn’t go well. Here is a clip of him with Ezra Levant from Rebel News.
Today is the 40th anniversary of the Hague Convention on Child Abduction. This is to focus on the civil side (such as custody issues). While this seems impressive, Canada has done much domestically and internationally to undermine and weaken the principles. Even the UN has studied the connection between illegal border crossings and smuggling, trafficking and child exploitation. Quite simply, without real borders, the Hague Convention is meaningless.
1. Trafficking, Smuggling, Child Exploitation
For the previous work in the TSCE series. This is the 40th anniversary of the Hague Convention of Child Abduction. However, Governments ensure that it will continue. Also, take a look at open borders movement, the abortion and organs industry, and the NGOs who are supporting it. This is information that won’t be found in the mainstream or alternative media.
CLICK HERE, for FIPA agreement Canada/China. CLICK HERE, for previous review on FIPA. CLICK HERE, for CD18.5, sanctuary for illegals in Toronto. CLICK HERE, for Toronto EC5.5, human and sex trafficking resolution. CLICK HERE, for Canadian Labour Congress on sanctuary cities.
CLICK HERE, for Bill C-6, citizenship for terrorists. CLICK HERE, for Bill C-32, lowering age of consent for anal. CLICK HERE, for Bill C-75, reduced criminal penalties. CLICK HERE, for 2nd review of Bill C-75 (child offences). CLICK HERE, for asking if Gov’t actually supports trafficking.
The removal or the retention of a child is to be considered wrongful where –
a) it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and
b) at the time of removal or retention those rights were actually exercised, either jointly or alone, or
would have been so exercised but for the removal or retention.
The Convention shall apply to any child who was habitually resident in a Contracting State immediately before any breach of custody or access rights. The Convention shall cease to apply when the child attains the age of 16 years.
For the purposes of this Convention –
a) “rights of custody” shall include rights relating to the care of the person of the child and, in particular, the right to determine the child’s place of residence;
b) “rights of access” shall include the right to take a child for a limited period of time to a place other than the child’s habitual residence.
Any person, institution or other body claiming that a child has been removed or retained in breach of custody rights may apply either to the Central Authority of the child’s habitual residence or to the Central Authority of any other Contracting State for assistance in securing the return of the child.
The application shall contain –
a) information concerning the identity of the applicant, of the child and of the person alleged to have removed or retained the child;
b) where available, the date of birth of the child;
c) the grounds on which the applicant’s claim for return of the child is based;
d) all available information relating to the whereabouts of the child and the identity of the person with whom the child is presumed to be.
The application may be accompanied or supplemented by –
e) an authenticated copy of any relevant decision or agreement;
f) a certificate or an affidavit emanating from a Central Authority, or other competent authority of the State of the child’s habitual residence, or from a qualified person, concerning the relevant law of that State;
g) any other relevant document.
Notwithstanding the provisions of the preceding Article, the judicial or administrative authority of the requested State is not bound to order the return of the child if the person, institution or other body which opposes its return establishes that –
a) the person, institution or other body having the care of the person of the child was not actually exercising the custody rights at the time of removal or retention, or had consented to or subsequently acquiesced in the removal or retention; or
b) there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.
The judicial or administrative authority may also refuse to order the return of the child if it finds that the
child objects to being returned and has attained an age and degree of maturity at which it is appropriate
to take account of its views.
In considering the circumstances referred to in this Article, the judicial and administrative authorities shall
take into account the information relating to the social background of the child provided by the Central
Authority or other competent authority of the child’s habitual residence.
The sole fact that a decision relating to custody has been given in or is entitled to recognition in the requested State shall not be a ground for refusing to return a child under this Convention, but the judicial or administrative authorities of the requested State may take account of the reasons for that decision in applying this Convention.
In short, this is an international agreement to enforce child custody orders, or family disputes. Note: the children don’t have to be return if administrators determine there is some danger. Unfortunately, this seems entirely subjective.
4. Announcement From Global Affairs Canada
October 25, 2020 – Ottawa, Ontario – Global Affairs Canada
The Honourable François-Philippe Champagne, Minister of Foreign Affairs, and the Honourable David Lametti, Minister of Justice and Attorney General of Canada, today issued the following statement:
“Today, we mark the 40th anniversary of the Convention on the Civil Aspects of International Child Abduction.
“Every year, in Canada and abroad, thousands of children are wrongfully taken across international borders by a parent or guardian in violation of rights of custody. This has devastating effects on families, and it is the children who suffer the most. Children must be at the heart of family justice, and mechanisms like the Hague Convention on child abduction are essential in order to assist them in these terrible situations.
“Canada, along with 100 contracting states, continues to support this global effort to protect children from wrongful removal or retention and return them to their country of residence. We continue to call on the global community to join us and to ratify this important convention.
“We are committed to working with our international partners to continue to protect children and to reinforce the operation of the convention.”
While this all sounds fine, it should be noted that Canada has done a lot, both domestically, and with international treaties to weaken and undermine the spirit of this agreement.
What other treaties or bills do this?
5. Canada’s Bills/Treaties Since 1980
Here are some of the major developments in Canada in the last few decades. All of these either weaken the borders and/or reduce the criminal penalties involved.
UN Agenda 21 (1992)
Canada/US Safe 3rd Country Agreement (2002)
Sanctuary cities (First in 2013)
CANZUK: Canada, Australia, New Zealand, UK (2015)
UN Agenda 2030 (2015)
New York Declaration (2016)
Bill C-6 citizenship for terrorists (2016)
Bill C-32/C-75 (2018)
UN Global Migration Compact (2018)
USMCA, NAFTA 2.0 (2020)
It doesn’t matter who’s in power. They’re all globalists.
6. Canada/US Safe 3rd Country Agreement
CONVINCED, in keeping with advice from the United Nations High Commissioner for Refugees (UNHCR) and its Executive Committee, that agreements among states may enhance the international protection of refugees by promoting the orderly handling of asylum applications by the responsible party and the principle of burden-sharing;
(1) The Parties shall develop standard operating procedures to assist with the implementation of this Agreement. These procedures shall include provisions for notification, to the country of last presence, in advance of the return of any refugee status claimant pursuant to this Agreement.
(2) These procedures shall include mechanisms for resolving differences respecting the interpretation and implementation of the terms of this Agreement. Issues which cannot be resolved through these mechanisms shall be settled through diplomatic channels.
(3) The Parties agree to review this Agreement and its implementation. The first review shall take place not later than 12 months from the date of entry into force and shall be jointly conducted by representatives of each Party. The Parties shall invite the UNHCR to participate in this review. The Parties shall cooperate with UNHCR in the monitoring of this Agreement and seek input from non-governmental organizations.
Source is here. Serious question: why have Canada and the United States signed an agreement that quite clearly gives the UN a seat at the table?
The treaty was pretty ineffective anyway, given that people could still get into the country as long as they BYPASSED legal border ports. Now, thanks to the Federal Court, the agreement is effectively dead.
Of course, the tens of thousands entering Canada illegally in recent years pales in comparison to the hordes of LEGAL migrants entering under various programs.
7. FIPA Between Canada And China
FIPA largely eliminated the border between Canada and the Chinese. This means that Chinese nationals can freely enter Canada, almost without restrictions. They can also bring their own security to look after their national interests. Makes it easy to smuggle products — or people — into Canada.
8. Sanctuary Cities Forming In Canada
In 2013, Toronto became the first city in Canada to officially obtain status a sanctuary city. It was supported by “conservatives” Doug and Rob Ford. How are child custody agreements supposed to be enforced overseas when children can simply disappear in one of them?
Now list includes: Toronto, Hamilton, London, Montreal, Edmonton and others. In the 2018 Ontario election, the NDP campaigned on turning Ontario into a sanctuary province.
9. CANZUK (CDA, Australia, New Zealand, UK)
The Trans-Tasmanian Partnership is an agreement between Australia and New Zealand to let citizens work and freely travel in each other’s countries. CANZUK would essentially be an expansion of that agreement by adding both Canada and the UK. This is an actual open borders arrangement which could be further expanded.
CANZUK International was formed in 2015, and members of the CPC are some of its biggest supporters.
It’s also interesting how the justifications have changed. Previously, it was about opportunity. Now it’s about containing Chinese influence, which Conservatives allowed to grow in the first place. One obvious example is FIPA.
10. UN Agenda 2030, Sustainable Development
Agenda 2030 was signed in September 2015 by then PM Stephen Harper. It signs away more of Canada’s sovereignty to the “sustainable development agenda”, and makes mass migration across international borders even easier. So-called conservatives would be hard pressed to explain why this is okay, but why the Paris Accord and UN Global Migration Compact are so wrong. There is a lot of overlap with the content.
Worth a mention is that “Conservative” Brian Mulroney was in power in 1992 when Agenda 21 was signed in Brazil.
11. New York Declaration, UN GMC Prelude
This was signed in September 2016, just a year after Agenda 2030. The UN Global Migration Compact was largely based on this text. Both agreements are to make it easier to bring large numbers of people across borders, and to establish international standards. It’s not difficult to see how this would make child abduction and transportation easier to do.
12. Bill C-6, Citizenship For Terrorists
It cheapens Canadian citizenship when anyone can get it. This is especially true for convicted terrorists and traitors. There’s also the increased likelihood of people gaming the system to avoid being sent back, for say crimes against children.
13. Bill C-32/C-75, Reducing Criminal Penalties
If the government is concerned about the well being of children, then why would they introduce a bill to water down criminal penalties for sex crimes against children, and reduce the age of consent?
Section 58: Fraudulent use of citizenship
Section 159: Age of consent for anal sex
Section 172(1): Corrupting children
Section 173(1): Indecent acts
Section 180(1): Common nuisance
Section 182: Indecent interference or indignity to body
Section 467.11(1): Participating in organized crime
Bill C-75 “hybridized” these offences. What this means is that they were initially to be tried by indictment (felony), but now prosecutors have discretion to try them summarily (misdemeanor). Of course, there were plenty of Section 83 offences (terrorism) that were also hybridized.
14. UN Global Migration Compact
What is strange about the UNGMC is that its text explicitly undermines its stated goals. While the UN supposedly opposed smuggling, the agreement says people shall not be punished. And while condemning trafficking, the UN provides advice and guidance on how to do it more successfully.
15. USMCA, More Than Just Trade
The new USMCA (U.S., Mexico & Canada Agreement) is far more than just a trade agreement. It ensures that more “workers” will be coming across the borders, and cedes areas of labour rights to the UN.
16. How Does Any Of This Help Children?
Remember, this is the 40th anniversary on the Hague Convention on Child Abduction. Member states, (of which Canada is one), should take seriously the obligation to ensure that children are not taken across borders illegally, even if it’s by a parent, or some other guardian.
Instead, Canada signs treaties and passes bills that ensure that this will continue. Erasing borders, and reducing penalties does nothing to deter child smuggling. In fact, it only encourages it.
Sure, these changes don’t explicitly state moving children around illegally is a major goal (or even a goal at all). But as borders become less meaningful, this will certainly increase.
Erin O’Toole was a Parliamentary Secretary to the Minister of Trade in 2014. It’s clear from these quotes that he doesn’t see a problem selling out Canada’s sovereignty to China with the Foreign Investment Promotion and Protection Agreement (FIPA). In fact, he glosses over just how bad this arrangement really is. All of the Conservatives did.
The other posts on outsourcing/offshoring are available here. It focuses on the hidden costs and trade offs society as a whole has to make. Contrary to what many politicians and figures in the media claim, there are always costs to these kinds of agreement. These include: (a) job losses; (b) wages being driven down; (c) undercutting of local companies; (d) legal action by foreign entities; (e) industries being outsourced; (f) losses to communities when major employers leave; and (g) loss of sovereignty to foreign corporations and governments. Don’t believe the lies that these agreements are overwhelmingly beneficial to all.
Article 5 Most-Favoured-Nation Treatment
1. Each Contracting Party shall accord to investors of the other Contracting Party treatment no less favourable than that it accords, in like circumstances, to investors of a non-Contracting Party with respect to the establishment, acquisition, expansion, management, conduct, operation and sale or other disposition of investments in its territory.
2. Each Contracting Party shall accord to covered investments treatment no less favourable than that it accords, in like circumstances, to investments of investors of a non-Contracting Party with respect to the establishment, acquisition, expansion, management, conduct, operation and sale or other disposition of investments in its territory.
3. For greater certainty, the “treatment” referred to in paragraphs 1 and 2 of this Article does not encompass the dispute resolution mechanisms, such as those in Part C, in other international investment treaties and other trade agreements.
Article 6 National Treatment
1. Each Contracting Party shall accord to investors of the other Contracting Party treatment no less favourable than that it accords, in like circumstances, to its own investors with respect to the expansion, management, conduct, operation and sale or other disposition of investments in its territory.
2. Each Contracting Party shall accord to covered investments treatment no less favourable than that it accords, in like circumstances, to investments of its own investors with respect to the expansion, management, conduct, operation and sale or other disposition of investments in its territory.
3. The concept of “expansion” in this Article applies only with respect to sectors not subject to a prior approval process under the relevant sectoral guidelines and applicable laws, regulations and rules in force at the time of expansion. The expansion may be subject to prescribed formalities and other information requirements.
Article 11 Compensation for Losses
Investors of one Contracting Party who suffer losses in respect of covered investments owing to war, a state of national emergency, insurrection, riot or other similar events, shall be accorded treatment by the other Contracting Party, in respect of restitution, indemnification, compensation or other settlement, no less favourable than it accords in like circumstances, to its own investors or to investors of any third State.
Local laws — environmental protection, for example — which are seen as harmful and detrimental to business interests will be considered grounds to submit a claim for compensation.
Article 23 Consent to Arbitration
Each Contracting Party consents to the submission of a claim to arbitration in accordance with the procedures set out in this Agreement. Failure to meet any of the conditions precedent provided for in Article 21 shall nullify that consent.
Disputes won’t be heard in any open or transparent way. Instead arbitration that is largely secret will be resolving disputes.
Article 35 Entry into Force and Termination
1. The Contracting Parties shall notify each other through diplomatic channels that they have completed the internal legal procedures for the entry into force of this Agreement. This Agreement shall enter into force on the first day of the following month after the second notification is received, and shall remain in force for a period of at least fifteen years.
2. After the expiration of the initial fifteen-year period, this Agreement shall continue to be in force. Either Contracting Party may at any time thereafter terminate this Agreement. The termination will be effective one year after notice of termination has been received by the other Contracting Party.
3. With respect to investments made prior to the date of termination of this Agreement, Articles 1 to 34, as well as paragraph 4 of this Article, shall continue to be effective for an additional fifteen-year period from the date of termination.
4. The Annexes and footnotes to this Agreement constitute integral parts of this Agreement.
So the agreement itself lasts for at least 15 years. Then, we are required to give a 1 year notice, at which time, Articles 1 to 34 will lapse in another 15 years. All in all, this agreement will then last a minimum of 31 years. This is an entire generation away from being able to really terminate.
5. What Is Canada Getting With FIPA?
The secrecy shrouding the much-delayed Foreign Investment Promotion and Protection Agreement (FIPA) with China makes it hard for experts, let alone average Canadians, to figure out what benefits this country will see from the deal.
-Canadian governments are locked in for a generation. If Canada finds the deal unsatisfactory, it cannot be cancelled completely for 31 years.
-China benefits much more than Canada, because of a clause allowing existing restrictions in each country to stay in place. Chinese companies get to play on a relatively level field in Canada, while maintaining wildly arbitrary practices and rules for Canadian companies in China.
-Chinese companies will be able to seek redress against any laws passed by any level of government in Canada which threaten their profits. Australia has decided not to enter FIPA agreements specifically because they allow powerful corporations to challenge legislation on social, environmental and economic issues. —-Chinese companies investing heavily in Canadian energy will be able seek billions in compensation if their projects are hampered by provincial laws on issues such as environmental concerns or First Nations rights, for example.
-Cases will be decided by a panel of professional arbitrators, and may be kept secret at the discretion of the sued party. This extraordinary provision reflects an aversion to transparency and public debate common to the Harper cabinet and the Chinese politburo.
–Differences between FIPA and the North American Free Trade Agreement may offer intriguing loopholes for American lawyers to argue for equal treatment under the principle of Most Favoured Nation.
The CBC covered the story and raised several legitimate concerns over this deal. Secrecy aside, it’s difficult to see what (if any) real benefits Canada gets from it.
6. China Buying Up Assets Across Canada
This is too long to do justice here, but Canadian laws make it easy for foreigners to buy property in Canada. This applies regardless of whether they live here, or even intend to. The Chinese in particular are taking full advantage of that.
7. Putting China Over Canadians
This isn’t really related to FIPA, but still good to point out: even so-called “populists” can be globalist shills. Here is no different. How does making it easier to import cheap Chinese products keep industries and jobs in Canada? However, China has more freedom and less government in recent decades.
Have to love the mental gymnastics here. CPC Leader Erin O’Toole spoke in support of CANZUK in the 2018 Policy Convention. He explicitly stated he wanted to “let more and more countries” into the agreement. Fast forward 2 years, and he wants to accelerate CANZUK to stop the growing Chinese influence ….. that he supported in 2014. Way to be consistent.
9. Can O’Toole/CPC Actually Be Trusted?
How can anyone trust Erin O’Toole?
(a) He has no qualms about selling sovereignty to China.
(b) He supports CANZUK — and expanding the zone.
(c) CANZUK is now just a way to counter China, who is still here.
(d) Heenan Blaikie was Trudeau Sr.’s and Chretien’s old law firm.
(e) He is an ex-Facebook lobbyist.
(f) He openly shills for foreign powers like Israel.
(g) He supports even more draconian measures than Trudeau.
(h) His Chief of Staff is a Director at Sick Kids Hospital.
(i) CPC supports the temp-to-PR pipeline.
10. Objection To FIPA Pushed, No Real Debate
See here, here and here for original source material. There were people who opposed the sellout by the Conservatives.
11. Conservative Politicians Are Globalists
One would think that “conserving” in the sense of trade meant protecting local industries, and protecting communities from having major employers shipped overseas.
However, that is not the case. What passes for conservatism is really just “corporatism”, putting those interests over that of the local population. There are far more important things than stock prices and overall profits.
Ask them to “conserve” the makeup, culture, language, traditions, or heritage of a country, and that’s being racist. After all, Canada is make up of abstract values (that few can agree on), not any sort of identity.
Google has been officially registered to lobby the Federal Government since 2008. But don’t worry, it’s not like it will lead to major laws getting changed, or anything like that. Canuck Law is a serious site, and does not tolerate conspiracy theories.
1. Developments In Free Speech Struggle
There is already a lot of information on the free speech series on the site. Free speech, while an important topic, doesn’t stand on its own, and is typically intertwined with other categories. For background information for this, please visit: Digital Cooperation; the IGF, or Internet Governance Forum; ex-Liberal Candidate Richard Lee; the Digital Charter; big tech collusion in coronavirus; Dominic LeBlanc’s proposal, and Facebook lobbying.
Google is currently in talks with the Federal Government if they install energy efficient or “smart” thermostats, and potential rebates. Presumably, these rebates would be financed by tax dollars or additional debt.
4. Google Lobbying On Many Subjects
Subject Matter Details Legislative Proposal, Bill or Resolution
-Copyright Act, in respect of amendments related to user rights and intermediary liability.
-Copyright Act, in respect of reforms to the Copyright Board of Canada
-Income Tax Act, in respect of a proposed ‘digital renovation tax credit’ for small and medium sized businesses.
-Income Tax Act, specifically expanding section 19 to cover digital advertising.
. Policies or Program
–Broadcasting policy, specifically related to governing online content.
–COVID-19 pandemic, more specifically potential collaboration between the Government of Canada and Google on remote work practices, chatbots, community mobility reports, and network infrastructure.
-Consideration of the creation of a Government digital service, a central office to coordinate digital transformation of the Government of Canada
-Government of Canada consultation on Canadian Content in a Digital World
–Immigration and visa policies, specifically policies that will promote and maintain a highly-skilled workforce.
-Innovation policy, specifically policies or programs related to the adoption of technology by small and medium-sized enterprises.
-Intellectual Property Strategy, as it relates to intangible assets.
-Internet advertising policy, specifically the adoption of digital media and advertising by government.
-Internet policy, specifically as it relates to cyber-security and national security.
-Internet policy, specifically the implementation of policy affecting the governance of the internet.
-Policies that would encourage growth of The Toronto-Waterloo Region Corridor, an 100-km stretch that is the second largest technology cluster in North America and is a global centre of talent, growth, innovation and discovery
-Procurement policy, specifically policy related to the provision of technology services by the Government of Canada.
-Providing feedback to a Canada Revenue Agency employee on draft government communications training program
-Public service polices to create greater digital skills
-Public service policies to encourage more open government
-Taxation policy, specifically proposed changes to the taxation of technology companies.
–Technological developments related to artificial intelligence.
-Technology policy, specifically promoting the development of technological infrastructure through the Smart Cities Challenge.
. Policies or Program, Regulation
The North American Free Trade Agreement (NAFTA), specifically provisions related to intellectual property and digital trade.
These are the things that Google is currently in talks with the Federal Government in order to implement.
It would be nice to have more information on what “network infrastructure” actually meant, but most people can probably guess what it is.
5. Google Lobbying Canadian Politicians
Former Facebook lobbyist, and current CPC leader, Erin O’Toole, was lobbied twice in 2018 by Google.
This is hardly an exhaustive list. Members of all parties have been lobbied for years by Google. There are some 300 communications reports listed in the Lobbying Registry.
6. WHO Partners With Social Media
WHO is working with manufacturers and distributors of personal protective equipment to ensure a reliable supply of the tools health workers need to do their job safely and effectively.
But we’re not just fighting an epidemic; we’re fighting an infodemic.
Fake news spreads faster and more easily than this virus, and is just as dangerous.
That’s why we’re also working with search and media companies like Facebook, Google, Pinterest, Tencent, Twitter, TikTok, YouTube and others to counter the spread of rumours and misinformation.
We call on all governments, companies and news organizations to work with us to sound the appropriate level of alarm, without fanning the flames of hysteria.
The World Health Organization openly admits to partnering with social media companies to “combat misinformation” related to this so-called pandemic. It was mid-February that this Munich Conference happened. On March 31, the Rakuten Viber app was launched by WHO, and on April 15, a Facebook app was set.
Misinformation, of course, is simply anything that conflicts with the ever-shifting official narrative.
7. Google Supports Free Speech On YouTube
Google demonstrates its commitment to free speech, by hiring 10,000 people to scrub videos from YouTube (which Google owns). Nothing to worry about, as only hateful and extremist content will be erased.
8. Nothing To See Here, People
Despite the vast array of subjects which Google is lobbying the Federal Government on, there is no need to be concerned. There is nothing malevolent about it. After all, Google would never lie or mislead.
In fact, social media companies are following the lead of the World Health Organization to ensure that only the official sources of information get released to the public.
The other posts on outsourcing/offshoring are available here. It focuses on the hidden costs and trade offs society as a whole has to make. Contrary to what many politicians and figures in the media claim, there are always costs to these kinds of agreement. These include: (a) job losses; (b) wages being driven down; (c) undercutting of local companies; (d) legal action by foreign entities; (e) industries being outsourced; and (f) losses to communities when major employers leave. Don’t believe the lies that these agreements are overwhelmingly beneficial to all.
2. Mass LEGAL Immigration In Canada
For much on efforts to replace the Canadian population, see here and see here. The scale which this goes on is quite mind blowing. Contrary to popular belief, mass LEGAL immigration is a much larger problem than the illegal kind, at least for now. That’s not to say that illegal crossings should be ignored.
On July 1, 2020, the United States, Mexico & Canada Agreement (USMCA) replaced the North American Free Trade Agreement (NAFTA).
Some may wonder why this deal had to be replaced. However, upon reading the new treaty, it becomes clear that USMCA is far more reaching and covers areas which NAFTA didn’t. In short, this is not merely an alteration of NAFTA, but a new agreement which contains many more globalist provisions. This is far more than a trade agreement.
This review will not address all of the points of USMCA, just the more alarming or interesting ones.
5. National Treatment Provisions
Article 2.3: National Treatment
1. Each Party shall accord national treatment to the goods of another Party in accordance with Article III of the GATT 1994, including its interpretative notes, and to this end, Article III of the GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, mutatis mutandis.
2. The treatment to be accorded by a Party under paragraph 1 means, with respect to a regional level of government, treatment no less favorable than the most favorable treatment that regional level of government accords to any like, directly competitive, or substitutable goods, as the case may be, of the Party of which it forms a part.
Article 14.4: National Treatment
1. Each Party shall accord to investors of another Party treatment no less favorable than that it accords, in like circumstances, to its own investors with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments in its territory.
2. Each Party shall accord to covered investments treatment no less favorable than that it accords, in like circumstances, to investments in its territory of its own investors with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments.
Article 17.3: National Treatment
1. Each Party shall accord to investors of another Party treatment no less favorable than that it accords to its own investors, in like circumstances, with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of financial institutions, and investments in financial institutions in its territory.
2. Each Party shall accord to financial institutions of another Party, and to investments of investors of another Party in financial institutions, treatment no less favorable than that it accords to its own financial institutions, and to investments of its own investors in financial institutions, in like circumstances, with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of financial institutions and investments.
Article 20.8: National Treatment
1. In respect of all categories of intellectual property covered in this Chapter, each Party shall accord to nationals of another Party treatment no less favorable than it accords to its own nationals with regard to the protection of intellectual property rights.
So what’s the problem here? Why would it be wrong to enforce rules that ensure equal treatment between the parties?
Quite simply, it makes protecting your own industries and businesses illegal. In fact, the Canadian Government has been sued –successfully — in the 1990s. This was because NAFTA meant that we could no longer enforce things like environmental laws if they were bad for business.
Governments (should) take steps to ensure that people are able to have decent work in their communities. However, that becomes much harder when foreign companies can come in and undercut local merchants. This works in a similar way when mass migration creates downward pressure on wages.
While this may result in lower costs for good and services, there is a bigger picture to consider. Decimating communities that are dependent on a few big employers is not offset by having cheaper products at Walmart.
However, this concern for society becomes a thing of the past. Note: these provisions were in other trade deals as well such as NAFTA and the Trans-Pacific Partnership.
6. Ch #14: Investments And Corporations
Article 14.11: Senior Management and Boards of Directors
1. No Party shall require that an enterprise of that Party that is a covered investment appoint to senior management positions a natural person of a particular nationality.
2. A Party may require that a majority of the board of directors, or any committee thereof, of an enterprise of that Party that is a covered investment, be of a particular nationality, or resident in the territory of the Party, provided that the requirement does not materially impair the ability of the investor to exercise control over its investment.
While much of the chapter is okay, this is rather disturbing. The reason is that appointing foreigners to head a corporation (much like putting foreigners in government), leads to a conflict of interest. In order to ensure the well being of a company — and its employees — it’s important to have people loyal to the country in question.
Call it bigoted, but I don’t believe this dual loyalty can be resolved in a way that benefits society as a whole.
7. Ch #16: Temporary Entries Must Be Allowed
It has been discussed here many times how Canada is experiencing a flood of people coming under: (a) Temporary Foreign Worker Program; (b) International Mobility Program; (c) student visas; and (d) other programs. However, USMCA contains provisions in Chapter 16 for this to happen on an even bigger scale (at least regarding workers).
Article 16.4: Grant of Temporary Entry
2. A Party may refuse to grant temporary entry or issue an immigration document authorizing employment to a business person where the temporary entry of that person might adversely affect:
(a) the settlement of a labor dispute that is in progress at the place or intended place of employment; or
(b) the employment of a person who is involved in that dispute.
Article 16.7: Dispute Settlement
1. A Party may not initiate proceedings under Article 31.5 (Commission Good Offices, Conciliation, and Mediation) regarding a refusal to grant temporary entry under this Chapter or a particular case arising under Article 16.3(1) unless:
(a) the matter involves a pattern of practice; and
(b) the business person has exhausted the available administrative remedies regarding the particular matter.
It should be pointed out there are a few good provisions in this chapter. These include not importing workers to cross picket lines, and limiting ability to challenge refusals. That being said, there are many bad provisions.
Article 16.2: Scope
1. This Chapter applies to measures affecting the temporary entry of business persons of a Party into the territory of another Party.
2. This Chapter does not apply to measures affecting natural persons seeking access to the employment market of another Party, nor does it apply to measures regarding citizenship, nationality, residence or employment on a permanent basis.
3. Nothing in this Agreement prevents a Party from applying measures to regulate the entry of natural persons of another Party into, or their temporary stay in, its territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across, its borders, provided that those measures are not applied in a manner as to nullify or impair the benefits accruing to any Party under this Chapter.
While this sounds great in theory, the reality is that Canada offers many options to “temporary” workers and students to remain in the country much longer and work towards permanent residence. This just lowers the threshold for getting the foot in the door.
Article 16.5: Provision of Information
1. Further to Article 29.2 (Publication), each Party shall publish online or otherwise make publicly available explanatory material regarding the requirements for temporary entry under this Chapter that will enable a business person of another Party to become acquainted with them.
On the surface, nothing wrong with this. However, it is unsettling to publish or make available instructions for how to bring hordes of people into the country.
Article 16.6: Temporary Entry Working Group
1. The Parties hereby establish a Temporary Entry Working Group, comprising representatives of each Party, including representatives of immigration authorities.
2. The Working Group shall meet at least once each year to consider:
(a) the implementation and administration of this Chapter;
(b) the development of measures to further facilitate temporary entry of business persons on a reciprocal basis;
(c) the waiving of labor certification tests or procedures of similar effect for spouses of business persons who have been granted temporary entry for more than one year under Section B, C or D of Annex 16-A (Temporary Entry for Business Persons);
(d) proposed modifications of or additions to this Chapter; and
(e) issues of common interest related to the temporary entry of business persons, such as the use of technologies related to processing of applications, that can be further explored among the Parties in other fora.
While this is presented as a very limited admission for business, it makes it pretty clear that it include bringing spouses along, and can be modified to include other groups of workers. How difficult would it be to lower the requirements so that entry level workers can be added?
Looking at the list of “professionals” who qualify for temporary entry, one has to wonder how this will effect wages and job prospects of locals. After all, flooding the market with more workers (supply) has consequences to the wages (demand) of those already here.
A section of Chapter 17, specifically 17.5(1)(d)(iv), provides a loophole in that there are no limits to the number of employees a company may have. Theoretically, a company can have an almost endless number of workers who need to cross the border
1. No Party shall adopt or maintain with respect to:
(d) imposes a limitation on:
(iv) the total number of natural persons that may be employed in a particular financial service sector or that a financial institution or cross-border financial service supplier may employ and who are necessary for, and directly related to, the supply of a specific financial service in the form of numerical quotas or the requirement of an economic needs test; or
In fact, once (almost) free movement is factored in alongside this free trade, it begins to look like a North American version of CANZUK. That of course is official CPC policy.
Of course, even when there is a fake pandemic, and millions of Canadians are unemployed, our government still finds it necessary to import hundreds of thousands of workers. Seriously, if the Government won’t protect Canadians’ jobs in a time like this, they won’t ever do it.
8. Ch #19: Social Media, Interactive Services
Article 19.17: Interactive Computer Services
1. The Parties recognize the importance of the promotion of interactive computer services, including for small and medium-sized enterprises, as vital to the growth of digital trade.
2. To that end, other than as provided in paragraph 4, no Party shall adopt or maintain measures that treat a supplier or user of an interactive computer service as an information content provider in determining liability for harms related to information stored, processed, transmitted, distributed, or made available by the service, except to the extent the supplier or user has, in whole or in part, created, or developed the information.
3. No Party shall impose liability on a supplier or user of an interactive computer service on account of:
(a) any action voluntarily taken in good faith by the supplier or user to restrict access to or availability of material that is accessible or available through its supply or use of the interactive computer services and that the supplier or user considers to be harmful or objectionable; or
(b) any action taken to enable or make available the technical means that enable an information content provider or other persons to restrict access to material that it considers to be harmful or objectionable.
Doesn’t look too good for protecting free speech and viewpoint diversity. No consequences for deplatforming people with dissident viewpoints.
9. Ch #20: Intellectual Property Rights
Article 20.7: International Agreements
1. Each Party affirms that it has ratified or acceded to the following agreements:
(a) Patent Cooperation Treaty, as amended on September 28, 1979, and modified on February 3, 1984;
(b) Paris Convention;
(c) Berne Convention;
(d) WCT; and
2. Each Party shall ratify or accede to each of the following agreements, if it is not already a party to that agreement, by the date of entry into force of this Agreement:
(a) Madrid Protocol;
(b) Budapest Treaty;
(c) Singapore Treaty;
(d) UPOV 1991;
(e) Hague Agreement; and
(f) Brussels Convention.
This isn’t merely a trade agreement we have signed. It also forces to be committed to 11 different international treaties on intellectual property. Essentially, this is setting a global standard for I.P. In fairness, Canada is a party to many of them already. However, what will happen when people with Canadian patents are forced to compete with people holding similar patents elsewhere?
Considering that patenting genes and other biological material is already a reality, what will happen to health care currently available?
10. Ch #22: State Owned Enterprises
1. Each Party shall ensure that each of its state-owned enterprises, when engaging in commercial activities:
(a) acts in accordance with commercial considerations in its purchase or sale of a good or service, except to fulfil the terms of its public service mandate that are not inconsistent with subparagraphs (b) or (c)(ii);
(b) in its purchase of a good or service:
(i) accords to a good or service supplied by an enterprise of another Party treatment no less favorable than it accords to a like good or a like service supplied by enterprises of the Party, of any other Party or of a non-Party, and
(ii) accords to a good or service supplied by an enterprise that is a covered investment in the Party’s territory treatment no less favorable than it accords to a like good or a like service supplied by enterprises in the relevant market in the Party’s territory that are investments of investors of the Party, of another Party or of a non-Party; and
(c) in its sale of a good or service:
(i) accords to an enterprise of another Party treatment no less favorable than it accords to enterprises of the Party, of any other Party or of a non-Party, and
(ii) accords to an enterprise that is a covered investment in the Party’s territory treatment no less favorable than it accords to enterprises in the relevant market in the Party’s territory that are investments of investors of the Party, of another Party or of a non-Party
While this “sounds” okay, consider that state owned enterprises are typically funded by taxpayer dollars. They typically mean Crown Corporations and branches of the Government. Under the national treatment rules, these public groups will have to compete with foreigners, and treat them no worse. This comes despite the fact that foreigners don’t pay the taxes that keep them going. This is, in effect, a tax subsidy.
Article 23.2: Statement of Shared Commitments
1. The Parties affirm their obligations as members of the ILO, including those stated in the ILO Declaration on Rights at Work and the ILO Declaration on Social Justice for a Fair Globalization (2008).
2. The Parties recognize the important role of workers’ and employers’ organizations in protecting internationally recognized labor rights.
3. The Parties also recognize the goal of trading only in goods produced in compliance with this Chapter.
The International Labour Organization (ILO) is a UN group which Canada, the U.S., and Mexico are all part of. In essence, this gives the UN a very large role in setting the agenda for work standards on the continent.
Article 23.14: Labor Council
1. The Parties hereby establish a Labor Council composed of senior governmental representatives at the ministerial or other level from trade and labor ministries, as designated by each Party.
2. The Labor Council shall meet within one year of the date of entry into force of this Agreement and thereafter every two years, unless the Parties decide otherwise.
3. The Labor Council may consider any matter within the scope of this Chapter and perform other functions as the Parties may decide.
4. In conducting its activities, including meetings, the Labor Council shall provide a means for receiving and considering the views of interested persons on matters related to this Chapter. If practicable, meetings will include a public session or other means for Council members to meet with the public to discuss matters relating to the implementation of this Chapter.
5. During the fifth year after the date of entry into force of this Agreement, or as otherwise decided by the Parties, the Labor Council shall review the operation and effectiveness of this Chapter and thereafter may undertake subsequent reviews as decided by the Parties.
6. Labor Council decisions and reports shall be made by consensus and be made publicly available, unless the Council decides otherwise.
7. The Labor Council shall issue a joint summary report or statement on its work at the end of each Council meeting.
This Council is to be made up of members chosen by the governments. There’s no indication that the public will have any say in choosing them. Decisions don’t have to be made public, which means we may never see what goes on. Meetings are to take place once every 2 years (as a default). Not very accountable.
UN SDGs International Labour Organization Partnered With
BORDERLESS SUSTAINABLE INITIATIVES FORUM
Economic inclusion and sustainable development of Andean grain producers in Ayacucho and Puno
Equal Pay International Coalition
Global Partnership for Sustainable Development Data
Improving transitions from school to work through engaging youth in policy dialogue
Japanese Technical Cooperation Project for Promotion of Regional Initiative on Solid Waste Management in Pacific Island Countries (J-PRISM)
Pacific Financial Inclusion Programme (PFIF)
Pacific Youth Development Framework Partnership (PYDF Partnership)
Solutions for Youth Employment (S4YE)
Strengthening Women’s Ability for Productive New Opportunities (SWAPNO) in Bangladesh
United Nations Pacific Interagency Task Force on Noncommunicable Disease Prevention and Control (UN PIATF)
It’s beyond the scope of this article to go into each group that ILO partners with. However, take a look at the webpage to see for yourself what ILO does with the rest of its time. Anyhow, this is the group whose labour standards we must now comply with.
12. Ch #24: UNSDA Environmental Agenda
Article 24.1: Definitions
For the purposes of this Chapter:
environmental law means a statute or regulation of a Party, or provision thereof, including any that implements the Party’s obligations under a multilateral environmental agreement, the primary purpose of which is the protection of the environment, or the prevention of a danger to human life or health, through:
(a) the prevention, abatement, or control of the release, discharge, or emission of pollutants or environmental contaminants;
Article 24.2: Scope and Objectives
1. The Parties recognize that a healthy environment is an integral element of sustainable development and recognize the contribution that trade makes to sustainable development.
2. The objectives of this Chapter are to promote mutually supportive trade and environmental policies and practices; promote high levels of environmental protection and effective enforcement of environmental laws; and enhance the capacities of the Parties to address trade-related environmental issues, including through cooperation, in the furtherance of sustainable development.
A lot of the content here looks like it was cut and pasted directly from Agenda 2030. There are also references to pollution and emissions, which one can assume refers to the Paris Accord and the climate change scam. Quite the long read.
Article 26.1: North American Competitiveness Committee
1. Recognizing their unique economic and commercial ties, close proximity, and extensive trade flows across their borders, the Parties affirm their shared interest in strengthening regional economic growth, prosperity, and competitiveness.
2. With a view to promoting further economic integration among the Parties and enhancing the competitiveness of North American exports, the Parties hereby establish a North American Competitiveness Committee (Competitiveness Committee), composed of government representatives of each Party.
3. Each Party shall designate a contact point for the Competitiveness Committee, notify the other Parties of the contact point, and promptly notify the other Parties of any subsequent changes. Recognizing the need for a comprehensive and coordinated approach to enhance North American competitiveness, each Party’s contact point shall coordinate with its relevant government departments and agencies.
There is to be a committee to enhance competitiveness. In practice, it means a committee devoted to goods and services at the lowest possible cost. Certainly this group will ensure that countries aren’t able to enact any protectionist policies to aid their own people.
14. Ch #27: Anticorruption Measures
6. In order to prevent corruption, each Party shall adopt or maintain measures as may be necessary in accordance with its laws and regulations, regarding the maintenance of books and records, financial statement disclosures, and accounting and auditing standards, to prohibit the following acts carried out for the purpose of committing the offenses described in paragraph 1:
(a) the establishment of off-the-books accounts;
(b) the making of off-the-books or inadequately identified transactions;
(c) the recording of non-existent expenditure;
(d) the entry of liabilities with incorrect identification of their objects;
(e) the use of false documents; and
(f) the intentional destruction of bookkeeping documents earlier than foreseen by the law.
While these certainly are good things to prohibit, it’s unclear why this is being put into a trade agreement. It’s also ambiguous how there would be any real enforcement of such clauses.
15. USMCA A New Level Of Globalism
USMCA is touted as NAFTA 2.0, or the New NAFTA. However, much of its contents have nothing to do with trade, but enforcing other areas of society.
Chapter 2 (and elsewhere), make local protection impossible
Chapter 14 focuses on “investments”, which is extremely broad
Chapter 16 makes it easier to being people across the borders for work purposes. Touted as temporary, but we all know this isn’t the case
Chapter 17 allows for an unlimited number of workers
Chapter 19 restricts free speech protections online
Chapter 20 is uniform intellectual property laws
Chapter 22 undermines government agencies and organization
Chapter 23 forces compliance with ILO social justice agenda
Chapter 24 brings back all the environmental agendas
Chapter 26 focuses on competitiveness (lowest cost) over protectionism
Chapter 27 focuses on corruption.
Of course this is not all of USMCA’s content, but the more important parts. Canada, the U.S. and Mexico are signing away large parts of their (remaining) autonomy with this deal.