CMHC’s 2023 Report, And Housing Options Depleting Over Demographic Shifts

The Canada Mortgage and Housing Corporation (CMHC) released their annual report in January, and the results aren’t all that surprising.

HIGHLIGHTS
Growth in demand outpaced strong growth in supply, pushing the vacancy rate for purpose-built rental apartments down from 3.1% to 1.9%. This was the vacancy rate’s lowest level since 2001. Rent growth, for its part, reached a new high.
Rental demand surged across the country. This was a reflection of higher net migration and the return of students to on-campus learning. Another factor was higher mortgage rates, which drove up already-elevated costs of homeownership.
Despite higher overall supply, the share of rental units that are affordable for the lowest-income renters is, in most markets, in the low single digits or too low to report. This is especially true in Ontario and British Columbia (B.C.).
New data: Average rent growth for 2-bedroom units that turned over to a new tenant was well above average rent growth for units without turnover (18.2% vs. 2.8%). This increased affordability challenges

The report was critiqued by RBC a few days ago, and CTV News.

The CMHC report quite openly states that higher immigration rates — which are only expected to climb — are contributing greatly to the increase in pricing, and the decline in availability.

Page 20 had an interesting statistic from Victoria, BC: “As an example, a turnover 2-bedroom apartment was rented at a 33% higher rent, on average, than an occupied unit in the same building”. Given B.C.’s strict rent control laws, the only way to get a significant increase was for existing tenants to leave.

Page 36 addressed low income renters in the Calgary area. Less than 5% of the rental housing in the area would be considered affordable for people making less than $36,000 per year. These would be limited primarily to bachelors and 1 bedroom apartments.

Regina wasn’t much — if any — better than Calgary in terms of affordability. It’s estimated (page 46), that less than 8% of housing would be available to households making under $32,000 annually. That was quite the surprise, as Saskatchewan is commonly thought to have a lower cost of living.

Winnipeg attributed a fair portion of its drop in vacancies to the return of in-person schooling, a sentiment that is echoed elsewhere.

The CMHC report covers data on many major and medium sized cities in Canada. Though the numbers differ, the patterns are the same: rapidly increasing population is driving up prices, and reducing options for people looking to rent or own.

The report also talked about the high levels of office vacancies over the last few years, as more businesses were pushed to go remote, or semi-remote. And that has had an interesting effect.

During the last election campaign, the Liberal Party included a promise to accelerate efforts to convert office and retail space into housing. This had been going on for a while. The CBC has also promoted this concept recently.

A cynic may wonder if the various shut downs starting in 2020 were designed — at least in part — to “free up” commercial property that could then be converted into residential.

Another possibility is that this might make the “15 minute cities” more of a reality. If residential and commercial areas became blended, there’d be less need to leave.

An alternative way to slow down a housing shortage would be to restrict the number of people coming in. But that doesn’t seem to be in the cards. This is despite even StatsCan admitting that over 1 million people came to Canada in 2022. The official numbers rarely reflect all the categories.

The result of all this is a population boom where more housing would be necessary in order to function. Problem. Reaction. Solution.

Of course, more undeveloped land will need to be converted as well. But the environmental activists are usually silent about this.

(1) https://www.cmhc-schl.gc.ca/-/media/sites/cmhc/professional/housing-markets-data-and-research/market-reports/rental-market-report/rental-market-report-2022-en.ashx
(2) https://www.ctvnews.ca/business/canada-needs-300-000-new-rental-units-to-avoid-gap-quadrupling-by-2026-report-1.6324052
(3) https://thoughtleadership.rbc.com/proof-point-shortfall-in-canadian-rental-housing-could-quadruple-by-2026/
(4) https://liberal.ca/our-platform/convert-empty-office-space-into-housing/
(5) https://www.canada.ca/en/department-finance/news/2021/04/budget-2021-investments-will-create-more-affordable-housing-for-canadians.html
(6) https://www.cbc.ca/news/business/empty-offices-housing-1.6736171
(7) https://www150.statcan.gc.ca/n1/daily-quotidien/230322/dq230322f-eng.htm

Changes To Safe Third Country Agreement Won’t Close All Loopholes

Starting on March 25th, people illegally entering Canada from the United States to claim asylum will no longer be able to bypass immediate deportation simply by crossing between ports. A new change is expected to apply the same standard regardless of where they cross.

However, it’s not anywhere near the “fix” that it’s being made out to be.

Sean Fraser, Minister of Immigration, spread the notice on Friday.

To address irregular migration, we are expanding the Safe Third Country Agreement to apply not only at designated ports of entry, but across the entire land border, including internal waterways, ensuring fairness and more orderly migration between our two countries. This change will come into effect at 12:01 A.M (EDT) on Saturday, March 25, 2023. Canada also announced we will welcome 15,000 migrants on a humanitarian basis from the Western Hemisphere over the course of the year, with a path to economic opportunities to address forced displacement, as an alternative to irregular migration.

Even if this were to be applied, and Roxham Road effectively closed, the Safe Third Country Agreement has a number of other loopholes built into it to ensure a steady stream of crossers. This applies to “refugees” fleeing from the United States. More on that later in the article.

And what are the numbers on people illegally crossing into Canada over the last several years? Keep in mind, these are just official statistics.

PROVINCE/TERRITORY 2011 2012 2013 2014 2015 2016
Newfoundland 0 0 0 0 0 0
Prince Edward Island 0 0 0 0 0 0
Nova Scotia 0 0 0 0 0 0
New Brunswick 10 5 5 ? ? 25
Quebec 1,335 1,295 785 875 1,035 2,595
Ontario 2,660 2,340 1,995 2,630 2,790 3,7935
Manitoba 20 15 25 10 225 505
Saskatchewan ? ? ? ? ? 30
Alberta 35 40 35 65 70 120
British Columbia 125 85 110 130 170 220
Yukon 0 0 0 0 0 5
Northwest Territories 0 0 0 0 0 0
Nunavut 0 0 0 0 0 0
TOTALS 4,185 3,770 2,955 3,715 4,290 7,365

Illegals were still coming into Canada via land border crossings during the Harper years. Interestingly though, it only receives major attention when Liberals are in power. A cynic may wonder why.

YEAR: 2017
MONTH QUEBEC MANITOBA B.C. OTHERS TOTAL
January 245 19 46 5 315
February 452 142 84 0 678
March 654 170 71 2 897
April 672 146 32 9 859
May 576 106 60 0 742
June 781 63 39 1 884
July 2,996 87 51 0 3,314
August 5,530 80 102 0 5,712
September 1,720 78 79 4 1,881
October 1,755 67 68 8 1,890
November 1,539 38 46 0 1,623
December 1,916 22 40 0 1,978
TOTAL 18,836 1,018 718 22 20,593
YEAR: 2018
MONTH QUEBEC MANITOBA B.C. OTHERS TOTAL
January 1,458 18 41 0 1,517
February 1,486 31 48 0 1,565
March 1,884 53 33 0 1,970
April 2,479 50 31 0 2,560
May 1,775 36 53 0 1,869
June 1,179 31 53 0 1,263
July 1,552 51 31 0 1,634
August 1,666 39 39 3 1,747
September 1,485 44 68 4 1,601
October 1,334 23 37 0 1,394
November 978 23 18 0 1,019
December 1,242 11 27 0 1,280
TOTAL 18,518 410 479 7 19,419
YEAR: 2019
MONTH QUEBEC MANITOBA B.C. OTHERS TOTAL
January 871 1 16 1 888
February 800 1 6 2 808
March 967 13 22 0 1,002
April 1,206 15 25 0 1,246
May 1,149 27 20 0 1,196
June 1,536 26 5 0 1,567
July 1,835 23 15 1 1,874
August 1,712 26 22 2 1,762
September 1,706 19 17 0 1,737
October 1,595 18 8 1 1,622
November 1,118 9 21 0 1,148
December 1,646 2 5 2 1,653
TOTAL 16,136 180 182 9 16,503
YEAR: 2020
MONTH QUEBEC MANITOBA B.C. OTHERS TOTAL
January 1,086 7 7 0 1,100
February 976 2 2 0 980
March 930 7 18 0 955
April 1 0 5 0 6
May 17 0 4 0 21
June 28 1 3 1 33
July 29 2 17 0 48
August 15 3 0 0 18
September 30 4 7 0 41
October 27 0 4 0 31
November 24 0 8 0 32
December 26 2 8 0 36
TOTAL 3,189 28 84 1 3,302
YEAR: 2021
MONTH QUEBEC MANITOBA B.C. OTHERS TOTAL
January 28 1 10 0 39
February 39 0 1 0 40
March 29 5 2 0 36
April 29 2 2 0 33
May 12 3 13 0 28
June 11 0 6 0 17
July 28 5 6 0 39
August 63 2 11 0 76
September 150 0 19 0 169
October 96 0 17 0 113
November 832 1 12 0 845
December 2,778 0 33 0 2,811
TOTAL 4,095 19 132 0 4,246
YEAR: 2022
MONTH QUEBEC MANITOBA B.C. OTHERS TOTAL
January 2,367 0 16 0 2,383
February 2,154 1 9 0 2,164
March 2,492 2 8 0 2,502
April 2,791 3 8 3 2,805
May 3,449 3 40 1 3,493
June 3,066 3 14 3 3,086
July 3,645 3 29 0 3,677
August 3,234 5 10 0 3,249
September 3,650 10 0 0 3,660
October 3,901 16 34 0 3,951
November 3,731 23 34 0 3,788
December 4,689 3 52 1 4,745
TOTALS 39,171 72 289 7 39,540

And of course, this has continued into 2023. This is because…. reasons.

YEAR: 2023
MONTH QUEBEC MANITOBA B.C. OTHERS TOTAL
January 4,875 19 100 0 4,994
February 4,517 5 53 0 4,575
TOTALS 9,392 24 153 0 9,569

Keep in mind, there are a number of “exceptions” that will let people enter from the United States anyway. These include:

(1) Family member exceptions
Refugee claimants may qualify under this category of exceptions if they have a family member who:

  • is a Canadian citizen
  • is a permanent resident of Canada
  • is a protected person under Canadian immigration legislation
  • has made a claim for refugee status in Canada that has been accepted by the Immigration and Refugee Board of Canada (IRB)
  • has had his or her removal order stayed on humanitarian and compassionate grounds
  • holds a valid Canadian work permit
  • holds a valid Canadian study permit, or
  • is over 18 years old and has a claim for refugee protection that has been referred to the IRB for determination. (This claim must not have been withdrawn by the family member, declared abandoned or rejected by the IRB or found ineligible for referral to the IRB.)

(2) Unaccompanied minors exception
Refugee claimants may qualify under this category of exceptions if they are minors (under the age of 18) who:

  • are not accompanied by their mother, father or legal guardian
  • have neither a spouse nor a common-law partner, and
  • do not have a mother, a father or a legal guardian in Canada or the United States.

(3) Document holder exceptions
Refugee claimants may qualify under this category of exceptions if they:

  • hold a valid Canadian visa (other than a transit visa)
  • hold a valid work permit
  • hold a valid study permit
  • hold a travel document (for permanent residents or refugees) or other valid admission document issued by Canada, or
  • are not required (exempt) to get a temporary resident visa to enter Canada but require a U.S.–issued visa to enter the U.S.

(4) Public interest exceptions
Refugee claimants may qualify under this category of exceptions if:

  • they have been charged with or convicted of an offence that could subject them to the death penalty in the U.S. or in a third country. However, a refugee claimant is ineligible if he or she has been found inadmissible in Canada on the grounds of security, for violating human or international rights, or for serious criminality, or if the Minister finds the person to be a danger to the public.

Even if a ride through the Quebec crossing isn’t an option for everyone, there are enough exceptions that a lot of people will still qualify. A cynic may wonder if this is being done in an effort to help obscure the true numbers of how many are entering Canada.

In any event, why this sudden announcement? It could be over recent revelations that New York City was paying for tickets to ship illegals to Canada. The “solution” to Quebec’s problem has been to start relocating illegals elsewhere in Canada, which left a bad taste.

Even so-called “based” U.S. State Governors like Ron DeSantis (Florida), and Greg Abbott (Texas) are doing the same thing. Of course, no one ever voted for any of this.

But this recent announcement is at least a step in the right direction.

ARTICLE 8
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.

As mentioned many times, the UNHCR is actually a party to this border agreement. This means that the decisions really aren’t strictly between Canada and the U.S. This detail isn’t reported by any mainstream outlet in Canada.

The UNCHR also publishes instructional guides on how to circumvent border controls. They should be a decision maker…. why exactly?

Thanks to a 2019 change, Canada scrapped the Designated Country of Origin practice. This had labelled dozens of countries (mainly in Europe) as “safe”, and led to an expedited deportation process for those apply from there.

While it’s nice to close the loophole that exists in between official border ports, the issues are much larger than that.

(1) https://pm.gc.ca/en/news/news-releases/2023/03/24/working-united-states-grow-our-clean-economies-and-create-good-middle
(2) https://twitter.com/SeanFraserMP/status/1639393921179570184
(3) https://twitter.com/SeanFraserMP/status/1639403782508367875
(4) https://public-inspection.federalregister.gov/2023-06351.pdf
(5) https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/asylum-claims/processed-claims.html
(6) https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/asylum-claims/asylum-claims-2017.html
(7) https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/asylum-claims/asylum-claims-2018.html
(8) https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/asylum-claims/asylum-claims-2019.html
(9) https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/asylum-claims/asylum-claims-2020.html
(10) https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/asylum-claims/asylum-claims-2021.html
(11) https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/asylum-claims/asylum-claims-2022.html
(12) https://www.cbc.ca/news/canada/montreal/roxham-road-quebec-new-york-asylum-seekers-1.6748192
(13) https://www.cbc.ca/news/canada/montreal/roxham-road-quebec-new-york-asylum-seekers-1.6748192
(14) https://www.ntd.com/desantis-granted-more-power-to-relocate-illegal-aliens-to-blue-states_900749.html
(15) https://www.realclearpolitics.com/video/2022/09/16/texas_gov_greg_abbott_we_will_stop_bussing_illegal_immigrants_to_blue_states_when_biden_secures_the_border.html#!
(16) https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/agreements/safe-third-country-agreement/final-text.html
(17) https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/agreements/safe-third-country-agreement/final-text.html
(18) https://www.canada.ca/en/immigration-refugees-citizenship/news/2019/05/canada-ends-the-designated-country-of-origin-practice.html
(19) https://www.unhcr.ca/wp-content/uploads/2019/09/what-to-know-about-irregular-border-crossings-Aug2019-en.pdf?ea.tracking.id=SOC19_UNR&utm_source=twitter&utm_medium=social&utm_campaign=CA_PS_EN_canada_Tweet&utm_content=border-facts

StatsCan: Canada Added 1 Million People In 2022

Statistics Canada has finally shown what’s been obvious for a long time: the actual numbers of people coming in are a lot higher than what’s publicly talked about. Specifically, over 1 million people came to Canada on some kind of visa.

The usual disclaimer needs to be added: this is just the official numbers, and they are estimates. It’s difficult to get information on how many people have left, or died.

StatsCan explains it as “Net international migration refers to the total number of moves between Canada and abroad that result in a change in the usual place of residence. It is calculated by adding immigrants, returning emigrants and net non-permanent residents, then subtracting emigrants and net temporary emigration.”

One source that’s expected to grow is from Ukraine.

Of the 943,730 applications for CUETAs, Canada-Ukraine authorization for emergency travel, 616,429 have already been approved. That’s about two thirds. Some 133,323 have already arrived, according to Government statistics.

Temporary immigration is the leading contributor to Canada’s growth

Nice to finally see this admitted.

It’s been frustrating to see how limited the Overton window is. Typically, the only number that gets talked about is the 300,000 or 400,000 that obtain permanent residency. There’s a much bigger picture to look at than just this.

Canada is exploding in size, but not because there is some baby-boom happening locally. Instead, the options available to come keep growing.

In 2022, the reason behind Canada’s record-high population growth was somewhat different, since international migration accounted for nearly all growth recorded (95.9%).

What else does Ottawa have to say about this?

For the year 2022, Canada welcomed 437,180 immigrants and saw a net increase of the number of non-permanent residents estimated at 607,782. Both of these numbers represent the highest levels on record, reflecting higher immigration targets and a record-breaking year for the processing of immigration applications at Immigration, Refugees and Citizenship Canada.

The estimated gains in non-permanent residents recorded for 2022 are the highest for a single calendar year for which comparable data are available. Furthermore, it is the first time these gains are superior to those from immigrants over the same period.

All provinces and territories saw a year-over-year increase in the net estimated number of non-permanent residents in 2022, with work and study permits, in addition to the number of asylum claimants, up across the country. This increase is because of a combination of factors, including the aforementioned intent to leverage international migration to help fulfill employment needs across the country and the program created to welcome people fleeing the Russian invasion of Ukraine.

This is something that has been talked about here for several years: by omitting various temporary categories from public discussion, it paints a very distorted picture about how many people are actually entering each year.

It’s an issue that many so-called “truthers” and “dissidents” have been unwilling to address. Sure, they’ll go on about Roxham Road, but not this.

The most recent Annual Report to Parliament is 2022 (which covers the year 2021). It’s a bit frustrating as these reports used “new visas” and “total visas” almost interchangeably at times. I believe these are actually new visas issued.

And over the last few decades:

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

2004 56,536 90,668 147,204

2005 57,476 99,146 156,622

2006 61,703 112,658 174,361

2007 64,636 165,198 229,834

2008 79,509 192,519 272,028

2009 85,140 178,478 263,618

2010 96,157 182,276 278,433

2011 98,383 190,842 289,225

2012 104,810 213,573 318,383

2013 111,865 221,310 333,175

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

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

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

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

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

2019 402,427 98,310 306,797 807,534

2020 256,740 84,609 242,130 583,452

2021 445,776 103,552 313,294 862,622

Stu = Student Visa
TFWP = Temporary Foreign Worker Program
IMP = International Mobility Program

A few problems with this data: either the Feds don’t know how many people leave afterwards, or they just don’t make it easy to find.

For international students graduating, there is the PGWP, the Post Graduate Work Permit. While that was once limited to a single year, it eventually became 3. Now, there is an 18 month extension available, pushing it to 4 1/2 years.

Then we get things like this:

Right now, in cities across the country, it is too hard to build the housing we need, particularly affordable housing. Housing policies are often barriers to producing results and many Canadians – from young families, to seniors, to newcomers – are finding it harder to find an affordable place to call home. It is clear that we need to accelerate change so the system works for all Canadians.

The Prime Minister, Justin Trudeau, was in Guelph, Ontario today to launch the Housing Accelerator Fund (HAF), a $4 billion initiative that will provide funding for local governments to fast track the creation of 100,000 new homes across Canada. Local governments are now invited to develop innovative action plans, in line with the flexible criteria, to remove barriers to building more homes, faster.

The Fund will help cities, towns, and Indigenous governments unlock new housing supply by speeding up development and approvals, like fixing out-of-date permitting systems, introducing zoning reforms to build more density, or incentivizing development close to public transit. Local governments are encouraged to think big and be innovative in their approaches. They could be accelerating project timelines, allowing increased housing density, encouraging affordable housing units, and more. The Fund will provide upfront funding to support implementation, as well as additional funds upon delivering results.

This was an initiative announced recently: $4 billion to build 100,000 new homes, or a subsidy of about $40,000 each.

It’s a frequent complaint that cities are too congested, and that housing is unaffordable. Additionally, accommodating more people requires extra space to be developed. The Green Belt in Ontario comes to mind. Logically, wouldn’t reducing immigration rates, if not imposing an outright moratorium, be beneficial?

A few observations:

[1] Advocates for affordable housing are typically silent on immigration, and the concept of supply and demand. More people vying for the same number of spots drives prices up.

[2] Advocates for “the living wage” are typically silent on immigration, and the impact on salaries. Having more people compete for the same amount of employment tends to drive wages down, as demand for workers is pushed down.

[3] Environmental advocates are typically silent on the topic of immigration. Yes, they will oppose the development of undisturbed lands, but few will publicly make the obvious connection.

Of course, there is the issue of culture clash, but that’s a discussion for another time.

In any event, get ready for more changes. This trend isn’t likely to be reversed anytime soon, as there are too many with vested interests in seeing it continue. Think the small towns or rural areas will be spared?

(1) https://www150.statcan.gc.ca/n1/daily-quotidien/230322/dq230322f-eng.htm
(2) Wayback Machine
(3) https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/ukraine-measures/key-figures.html
(4) https://immigrationnewscanada.ca/pgwp-extension-2023-new-announcement-by-the-ircc-minister/
(5) https://pm.gc.ca/en/news/news-releases/2023/03/17/building-more-homes-faster

Annual Reports To Parliament:
2004.annual.immigration.report.to.parliament
2005.annual.immigration.report.to.parliament
2006.annual.immigration.report.to.parliament
2007.annual.immigration.report.to.parliament
2008.annual.immigration.report.to.parliament
2009.annual.immigration.report.to.parliament
2010.annual.immigration.report.to.parliament
2011.annual.immigration.report.to.parliament
2012.annual.immigration.report.to.parliament
2013.annual.immigration.report.to.parliament
2014.annual.immigration.report.to.parliament
2015.annual.immigration.report.to.parliament
2016.annual.immigration.report.to.parliament
2017.annual.immigration.report.to.parliament
2018.annual.immigration.report.to.parliament
2019.annual.immigration.report.to.parliament
2020.annual.immigration.report.to.parliament
2021.annual.immigration.report.to.parliament
2022.annual.immigration.report.to.parliament

Chief Justice Hinkson, The Vancouver Foundation, And Many Unanswered Questions

It was recently revealed that the Justice who presided over several anti-lockdown cases in British Columbia runs a group called the Vancouver Foundation. Looking into the details of this charity a bit more, this creates — at a minimum — the appearance of a potential conflict of interest. (See archive.)

The group describes itself in this way:

“Vancouver Foundation grants to hundreds of charities and non-profits in BC every year. Our vision is to create healthy, vibrant, and livable communities, and we focus on supporting projects that address the root causes of important issues. Our funding comes from generous gifts from the community, as well as from managing endowment funds for people, charities, and businesses.”

The Vancouver Foundation is involved in many different areas, and has undoubtedly has done a lot of good work. However, some things need to be questioned.

Anyhow, this is quite the rabbit hole, so let’s jump in.

The Vancouver Foundation Act is what governs the organization. This isn’t a traditional group, but one that was created in 1943 by an Act of Parliament.

Board of directors
5 (1) The board of directors of the foundation is to consist of at least 10 and not more than 18 persons, with the directors determining the number of directors from time to time in the bylaws of the foundation.
(1.1) If the number of directors is below the minimum number set out in subsection (1) or in the bylaws, as applicable, the board continues to have the authority to carry out its duties and exercise its powers until all vacancies are filled.
(1.2) Subject to section 6, the board consists of the following members:
(a) the Chief Justice of the Supreme Court of British Columbia or, if applicable, the judge appointed by the Chief Justice under that section;
(b) a member of the Law Society of British Columbia who has been nominated by the Law Society of British Columbia in accordance with the bylaws of the foundation and whose nomination has been accepted by the board;

Chief Justice Christopher Hinkson is a Director at the Vancouver Foundation, by virtue of his position on the Court. Far from being just a name on paper, he’s prominently listed as a Director (see margin on page 3). He also made the following rulings:

COURT CASES PRESIDED OVER BY CHIEF JUSTICE HINKSON

(A) Kassian v. British Columbia, 2022 BCSC 1603
(Refusal for exemption to vaccine passport)
https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1603/2022bcsc1603.html

(B) Eliason v. British Columbia (Attorney General), 2022 BCSC 1604
(Refusal for charter rights to travel, s.6 of Charter)
https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1604/2022bcsc1604.html

(C) Maddock v. British Columbia, 2022 BCSC 1605
(Refusal for compensation due to injury)
https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1605/2022bcsc1605.html

(D) CSASPP v. British Columbia, 2022 BCSC 1606
(Refusal to allow health care workers to opt out)
https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1606/2022bcsc1606.html

(E) Beaudoin v. British Columbia, 2021 BCSC 248, BCSC 248
(Refusal to allow a church to remain open)
https://www.canlii.org/en/bc/bcsc/doc/2021/2021bcsc512/2021bcsc512.html

True, one might get the impression that he simply called these cases as he saw fit. But there is more to things than meet the eye.

Kate Hammer is the Vice President for Engagement, was previously a Senior Policy Advisor for the Minister of Education (Ontario), and also worked in the Office of the Premier under Kathleen Wynne. Sure, that’s Ontario, but people in political circles have very deep networks of connections, and it’s rarely limited to a region. (See archive.)

She’s also now lobbying the B.C Government on behalf of the Vancouver Foundation. Things get even more convoluted. Why? Because the B.C. Lobbying Registry shows exactly what subject matters are being discussed.

The Vancouver Foundation is trying to get more access and influence from the B.C. Government. This can cause a problem.

  • Activities to support an amendment to Vancouver Foundation Act related to definition of “reserve amount”
  • Vancouver Foundation seeks to discuss with the BC Government options and opportunities for ensuring legislation and regulations related to lobbyists transparency do not limit charities and non-profits from participating in vital conversations about government policies and priorities.
  • Vancouver Foundation seeks to discuss with the BC Government options and opportunities for the charitable sector to play a key role in pandemic recovery
  • Vancouver Foundation seeks to discuss with the BC Government options for expanding the Unclaimed Property Act’s ability to use dormant assets to boost investment in community initiatives and organizations.

Let’s think about this one. Chief Justice Hinkson, a Director at the Vancouver Foundation, is making key Court rulings relating to “pandemic measures”. Meanwhile, his organization is lobbying the B.C. Government for greater influence in exactly those areas.

And what taxpayer sources is the Vancouver Foundation getting money from?

SOURCE DATE AMOUNT
Provincial Employees Community Services Fund 2022-09-08 $68.00
City of Surrey 2022-08-26 $3,000.00
City of Surrey 2022-06-22 $48.13
Advanced Education and Skills Training 2022-04-07 $250,000.00
Children and Family Development 2022-04-05 $2,760,000.00
Social Development and Poverty Reduction 2022-04-01 $1,350,000.00
Social Development and Poverty Reduction 2022-04-01 $30,000,000.00
Canada Cultural Investment Fund 2022-03-21 $1,005,258.00
City of Vancouver 2022-03-11 $45,000.00
Forests, Lands, Natural Resource Operations, and Rural Development 2022-02-24 $5,000,000.00
City of Surrey 2020-10-08 $45.00
BC Arts Council 2020-04-02 $200,000.00
Social Development and Poverty Reduction 2020-04-02 $590,000.00
Advanced Education, Skills and Training 2020-03-31 $250,000.00
Canada Cultural Investment Fund 2020-03-16 $955,718.00
Provincial Employees Community Services Fund 2020-03-13 to 2020-09-10 $59.80
City of Vancouver 2020-03-13 $22,500.00

The Vancouver Foundation has received several millions of taxpayer money in the last few years.

Glenn Wald gets an honourable mention. He was the Director of Communications at Vancouver Foundation from November 2017 until October 2022. He has also been involved with both the Federal and British Columbia Governments. (See archive.)

Joe Gallagher, Vice President Indigenous Health & Cultural Safety at Provincial Health Services Authority, is also worth listing. He was a Board Member at the Vancouver Foundation until July 2022, so very recent. (See archive.)

Dara Parker is formerly a Program Manager for the United Nations Association in Canada, and an advisor for the U.N. Human Resettlements Programme. (See archive.)

As covered previously, the B.C. Centre for Disease Control (BCCDC) Foundation is in fact a registered charity that contributes substantial amounts annually to up to 4 “qualified donees”. These are:

  • B.C. Centre for Disease Control
  • Community-Based Research Centre Society (also a charity)
  • Provincial Health Services Authority (also a charity)
  • University of British Columbia (also a charity)

The BCCDC Foundation used to have a scroller to cycle through their major donor list. It’s since been removed, but thankfully saved in an earlier article:

The BCCDC Foundation proudly lists the Vancouver Foundation as a donor, as well as companies like Pfizer. The BCCDC-F also admits that a significant portion of its funding comes from pharmaceutical companies. Is it any wonder why the B.C. Government is so pro-pharma?

In terms of following the money, the next sections are from CSASPP’s March 12, 2023 summary for the Vancouver Foundation’s financials. As a registered charity, it’s required to disclose a fair amount of information publicly. Rather than reinvent the wheel, here are the highlights:

Based on the T3010 Registered Charity Information Return filed with the Canada Revenue Agency, several years of reporting periods are available. The records are copious with thousands of donees. We will save you the trouble of sifting through them. The following is a summary of our provisional material findings.

In fiscal year 2021 the Vancouver Foundation donated to the Public Health Association of British Columbia $193,072 and to Fraser Health Authority $93,434. The year prior of 2020 Vancouver Coastal Health Authority received $100,000 from the Foundation. A charity setup by the British Columbia Centre for Disease Control to receive donations, the BCCDC Foundation for Population and Public Health, received $13,000.

During the onset to the alleged pandemic in 2019, many of you will recall the traditional intellectual safeguards were largely mute. The British Columbia Civil Liberties Association received $151,718.

Other recipients during that fiscal year include the BCCDC’s Foundation at $57,667, Fraser Health Authority at $41,055, the Registered Nurses Foundation of BC at $4,276, and a charity setup by the Canadian Broadcasting Corporation at a $1,000.

The previous fiscal year of 2018 the BCCDC Foundation again received $57,667, Fraser Health Authority $41,472, the BC Civil Liberties Association $36,104, and the CBC’s charity $1,000.

From the voluminous records we were able to analyze in the time invested, this is where money directly went. The question of where money went after the Vancouver Foundation donated it to the BCCDC Foundation is also worth commenting on.

Unlike the Vancouver Foundation, the BCCDC’s Foundation does not donate to thousands of donees. Based on its own T3010 filing, from fiscal years 2017 to 2021, it donates to only one to four donees a year. A sophisticated organization, such as the Vancouver Foundation, cannot reasonably be said to not know where the aforementioned benefactor receiving a donation would subsequently direct it to.

In every filing we uncovered problematic benefactors. In fiscal year 2021 the BCCDC Foundation donated to the Provincial Health Services Authority $140,247. The year prior of 2020 an amount of $487,689 was donated to the PHSA. In 2019 they received $588,553. In 2018 they received $290,267. In 2017 they received $426,016. The BCCDC Foundation then in 2017 donated to the BCCDC itself $15,300.

Recall that the PHSA is Dr. Henry’s employer, a defendant named in all of our litigation – including the petition in which the Chief Justice presided over. It is impossible for any reasonable person to characterize the movement of substantial sums of money in this manner under the direction of the Chief Justice as, at the very least, not carrying the perception of a conflict of interest.

What is the result of all of this? We get a situation where there really is no separation between the judiciary, the legislature, and N.G.O.s with financial interests. Everything seems to blend together.

Was there anything to those anti-lockdown rulings in B.C.? Impossible to say for sure, but the connections of the Vancouver Foundation do raise a lot of questions.

SOURCES:
(1) https://www.vancouverfoundation.ca/detail/chief-justice-christopher-hinkson/
(2) https://archive.is/wPjZm
(3) https://www.bclaws.gov.bc.ca/civix/document/id/lc/psl/00032_01
(4) https://www.vancouverfoundation.ca/about-us/our-people/our-team/
(5) http://2007.vancouverfoundationvitalsigns.ca/sites/default/files/publications/VF_Magazine_2020_web.pdf
(6) https://www.lobbyistsregistrar.bc.ca/app/secure/orl/lrs/do/vwRg?cno=3770&regId=56555677
(7) https://www.lobbyistsregistrar.bc.ca/app/secure/orl/lrs/do/reports/funding/received?cocId=3770&regId=56555677&extnl=true
(8) https://www.lobbyistsregistrar.bc.ca/app/secure/orl/lrs/do/vwRg?cno=3770&regId=56567332
(9) https://www.linkedin.com/in/kate-hammer-5226a6a6
(10) https://archive.is/9RHmI
(11) https://www.linkedin.com/in/daraparker/details/experience/
(12) https://archive.is/cNFEY
(13) https://www.linkedin.com/in/glennewald/details/experience/
(14) https://archive.is/QFi7M
(15) https://www.linkedin.com/in/joe-gallagher-1730a0b3/
(16) https://archive.is/SL24p
(17) https://www.covidconstitutionalchallengebc.ca/status-updates

(A) BCCDC Foundation Charity Page
(B) University Of British Columbia Charity Page
(C) Provincial Health Services Authority Charity Page
(D) Community-Based Research Centre Society Charity Page
(E) Vancouver Foundation Charity Page

Private Member’s Bill C-245 DEFEATED: Would Entrench Climate Change Into Canadian Infrastructure Bank

Last year a Private Member’s Bill was defeated, and it wasn’t widely reported. This is interesting because of the subject matter, namely, embedding climate change into the agenda of the Canada Infrastructure Bank. This would have allowed the C.I.B. to become even more of a giant slush fund, doling out money for eco causes.

It was introduced February 8th, 2022, by N.D.P. M.P. Niki Ashton of Manitoba. It was soon defeated in Parliament, on June 22nd.

Of course, the usual disclaimer must be added in: just because this particular Bill was defeated, that doesn’t mean it won’t be reintroduced. Nor does it mean that it won’t be embedded into some larger legislation at some point in the future.

1 Section 6 of the Canada Infrastructure Bank Act is replaced by the following:
.
Purpose of Bank
6 The purpose of the Bank is to invest in infrastructure projects in Canada or partly in Canada that are end in the public interest by, for example, supporting conditions that foster climate change mitigation or adaptation, or by contributing to the sustainability of infrastructure in Canada.

3 Section 7 is amended by adding the following after subsection (1):
Priority
(1.‍1) In carrying out the functions set out in subsection (1), the Bank must give priority to:
(a) investments from public institutions, all levels of governments and Northern and Indigenous communities;
(b) infrastructure projects that propose measures aimed at mitigating or adapting to climate change; and
(c) infrastructure projects that are not harmful to the environment.

4 Section 8 of the Act is amended by adding the following after subsection (1):
Membership
(1.‍1) The membership of the Board must include at least
(a) one person recommended by an Indigenous organization that represents the interests of First Nations;
(b) one person recommended by an Indigenous organization that represents the interests of the Inuit; and
(c) one person recommended by an Indigenous organization that represents the interests of the Métis.

Worth noting as well: had this Bill passed in its original form, it would have put racial quotas into the Board of the C.I.B.

  • Canadian Climate Institute
  • Environmental Defence Canada
  • ONE Global (Canada)

Environmental Defence Canada is an interesting group to lobby Parliament. Why? Because Nathaniel Wallace, one of their lobbyists, was a Parliamentary Assistant (part Time) for Niki Ashton. No conflict of interest here.

Again, just because this specific Bill was voted down, that doesn’t mean that it won’t come back in some form. Stay vigilant.

Sources:
(1) https://www.parl.ca/legisinfo/en/bills?page=3
(2) https://www.parl.ca/legisinfo/en/bill/44-1/c-245
(3) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-245/first-reading
(4) https://www.ourcommons.ca/Members/en/niki-ashton(36037)
(5) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/cmmLgPblcVw?comlogId=536746
(6) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=358871&regId=922011&blnk=1
(7) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=13022&regId=931577

Private Member Bills In Current Session:
(A) Bill C-206: Decriminalizing Self Maiming To Avoid Military Service
(B) Bill C-207: Creating The “Right” To Affordable Housing
(C) Bill C-219: Creating Environmental Bill Of Rights
(D) Bill C-226: Creating A Strategy For Environmental Racism/Justice
(E) Bill C-229: Banning Symbols Of Hate, Without Defining Them
(F) Bill C-235: Building Of A Green Economy In The Prairies
(G) Bill C-250: Imposing Prison Time For Holocaust Denial
(H) Bill C-261: Red Flag Laws For “Hate Speech”
(I) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(J) Bill C-312: Development Of National Renewable Energy Strategy
(K) Bill C-315: Amending CPPIB Act Over “Human, Labour, Environmental Rights”
(L) Bill S-215: Protecting Financial Stability Of Post-Secondary Institutions
(M) Bill S-243: Climate Related Finance Act, Banking Acts
(N) Bill S-248: Removing Final Consent For Euthanasia
(O) Bill S-257: Protecting Political Belief Or Activity As Human Rights

Federal Vaccine Pass Case Struck As “Embarrassing” And “Bad Beyond Argument” (Another Galati Special)

In a decision that should surprise no one, a Federal Court Judge has ruled that a lawsuit was so poorly written that it was impossible to answer. (See archive and CanLII).

Justice Simon Fothergill ruled “the statement of claim is an embarrassing pleading. It contains much that appears to be unnecessary. As well, it is constructed in a manner calculated to confuse the defendants and to make it extremely difficult, if not impossible, to answer.”

In short, the document was incoherent, filled with irrelevant material, and so disorganized that it was unreasonable to expect the Defendants to respond. But it gets much worse.

Approximately two thirds of the more than 600 Plaintiffs are permanently barred from taking legal action. The other third can still go ahead, but the case needs to be completely redone.

Broadly speaking, there are 2 different classes of Plaintiffs:
(1) Employees of the Federal Government, listed on Schedule A
(2) Employees of Federally regulated industries, listed on Schedule B

Federal employees are stopped by Section 236 of the FPSLRA, which is the Federal Public Sector Labour Relations Act. In short, workers employed by the Government are prohibited from filing lawsuits, and must seek other methods, such as arbitration.

Not only can they not turn to the Court, but it appears they passed on what few remedies were available, such as asking for exemptions, and going through the grievance process. And, if this retainer agreement is a valid document, it would mean they paid $1,000 each.

The Plaintiffs who are in Federally regulated industries can still theoretically proceed. But there are other significant problems.

Even if the case were allowed to proceed in its entirety, all Plaintiffs would have to be named properly. Close to 100 of them are “John Doe” or “Jane Doe”.

Sections 18(1) and (3) of the Federal Courts Act state that litigants who want to challenge Government Orders and seek injunctive relief are required to do so by way of Application for Judicial Review. This lawsuit didn’t do that. Instead, a Statement of Claim was filed. That’s right, the wrong paperwork was filed to begin with.

There are a few possible remedies here. First, the Claim could be redone as an Application. Second, the portions pertaining to challenging the Order can be removed.

Beyond that, the challenge (regardless of format) would have to be completely rewritten. The Court found that it was seriously deficient, and pleaded so poorly that a response was impossible.

173 (1) Pleadings shall be divided into consecutively numbered paragraphs.
Allegations set out separately
(2) Every allegation in a pleading shall, as far as is practicable, be set out in a separate paragraph.

Material facts
174 Every pleading shall contain a concise statement of the material facts on which the party relies, but shall not include evidence by which those facts are to be proved.

Particulars
181 (1) A pleading shall contain particulars of every allegation contained therein, including
(a) particulars of any alleged misrepresentation, fraud, breach of trust, willful default or undue influence; and
(b) particulars of any alleged state of mind of a person, including any alleged mental disorder or disability, malice or fraudulent intention.

As stated in the original critique, this suit failed to meet even the bare minimum standards of drafting as set out by the Federal Courts Rules.

This is a common problem is many of these cases. While there are accusations made everywhere, there are rarely (if ever) sufficient facts pled to allow a meaningful defence. Defendants are entitled to know what the case is that they must address.

As Justice Fothergill noted, it was “embarrassing” and “bad beyond argument”.

Surprisingly, things still go downhill.

In the Motion to Strike, the Defendants brought up the issue that large portions of this case were substantially similar (and sometimes identical) to the Action4Canada case that was thrown out last August. This includes:

  • allegations of criminal behaviour;
  • broad declarations respecting the current state of medical and scientific knowledge;
  • and a declaration that administering medical treatment without informed consent is a crime against humanity

Instead of Action4Canada accepting that certain remedies were beyond the scope of a Civil Court, the organization appealed. 6 months after that ruling (which allowed a rewrite), no amended Claim has been filed. It’s unclear if one ever will be.

Now the Action4Canada ruling has been used as a partial basis for throwing out the Federal case. Justice Fothergill also noted that the pleadings were just as bad here as with the other suit.

So, what will happen now? If the Action4Canada case is any indicator, there will be an Appeal filed with the Federal Court of Appeals. Nothing will never come of it, other than to waste time and money.

Do read the reasons given by Justice Fothergill. It’s mindboggling that such paperwork can be submitted and taken seriously. (See original Claim).

The outcome of this Federal case was predictable and it was far more than mere sloppiness. It takes considerable skill and effort to draft something this poorly.

FEDERAL VAXX PASS CHALLENGE
(1) https://policeonguard.ca/wp-content/uploads/2022/06/Filed-SOC.pdf
(2) Federal Court Vaccine Mandate Challenge
(3) Federal Vaccine Passport Challenge Retainer Agreement
(4) Federal Court Vaccine Mandate Challenge Motion To Strike
(5) Federal Court Vaccine Mandate Challenge Affidavit Of Service
(6) Federal Court Vaccine Mandate Challenge Responding Motion Record
(7) Federal Court Of Canada Rules
(8) https://www.laws-lois.justice.gc.ca/eng/acts/F-7/page-3.html#docCont
(9) https://www.laws-lois.justice.gc.ca/eng/acts/P-33.3/page-13.html#h-406405
(10) https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/522970/index.do
(11) T-1089-22 Federal Court Decision On Motion To Strike
(12) https://www.canlii.org/en/ca/fct/doc/2023/2023fc252/2023fc252.html
(13) https://canucklaw.ca/wp-content/uploads/Federal-Vaccine-Passport-Challenge-Retainer.pdf

EARLIER REVIEWS
(1) https://canucklaw.ca/federal-vaxx-pass-claim-fatally-defective/
(2) https://canucklaw.ca/ottawa-files-motion-to-strike-federal-vaccine/
(3) https://canucklaw.ca/federal-vaccine-passport-case-hears-motion-to-strike-claim/

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