Category: Human Rights

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Race & Crime Rates: What Liberals Won’t Admit (Gladue 2.0?)

Quotes From Ruling

In a way this is not surprising at all. The 1997/1999 Gladue rulings created essentially a “discount” for Aboriginal offenders specifically on the basis of “historical oppression”.

Now, there is a case that is pending before the Ontario Court of Appeals, which could see the same provisions apply to blacks as well. This is a (potential) expansion of a horrible idea: race-based-discounts in the criminal justice system.

People should be outraged by this. Your crime, seriousness, and past (if any) criminal record should impact your sentence. Not your race, ethnicity, or skin colour. It is the anti-thesis of equality under the law.

[2] A jury found you guilty of a number of offences. I convicted you of possession of an unauthorized firearm, possession of a prohibited firearm with ammunition, and carrying a concealed weapon. The jury acquitted you of assaulting a peace officer with intent to resist arrest.
[3] The basic facts of your crime are straightforward. On December 13, 2014, the police received a call about a home invasion in Scarborough. As the police officers sent to investigate drove to the scene, they came upon four Black males walking in the parking lot. The officers were in plainclothes and drove unmarked police cars. One officer stopped the young men. You were one of them. You ran. As you ran, D.C. Moorcroft, who was not the officer who stopped you but was also driving into the lot, accelerated to stop you.

Police were responding to a home invasion. When they arrived, there just happened to be 4 black men in the area, and the defendant took off.

Of course, it is just a coincidence that he had a gun on him. Now it is apparently a charter violation that a police car was used to stop him.

[6] I must now sentence you for your offences. Let me go over what the Crown and your defence lawyers said should be the sentence. These positions were pretty far apart. The Crown asked for 4 to 4.5 years in jail. Your lawyers argued that the sentence should be 1 year before credit was given for the Charter breaches.

There is something here we are not being told. The Crown (supposedly) wants 4 to 4.5 years for gun possession for a first time offender? What else went on that is not included?

[9] Let me briefly explain to you what I did in Jackson. I began my judgment in that case by saying sentencing is a very individual process. The criminal law has recognized that there are cases where, in order to determine a fit and proportionate sentence, consideration must be given to an individual’s systemic and social circumstances. These circumstances may extend beyond a person who is being sentenced to include factors such a systemic discrimination and historical injustice. This has been recognized by the criminal courts, particularly in the case of Indigenous offenders. While the distinct history of colonial violence endured by Indigenous peoples cannot simply be analogized to Black Canadians, I found that the ability to consider social context in a sentencing decision is extended to all under section 718.2(e) of the Criminal Code. This allowed me to consider the unique social history of Black Canadians in sentencing Mr. Jackson. Mr. Jackson was a Black male offender not too much older than you, who pleaded guilty to a charge of possession of a prohibited gun. His lawyers presented a great deal of evidence to me on systemic anti-Black racism and its role in Mr. Jackson’s life. I took note of this evidence. I also took judicial notice, independently of these materials, of the history of colonialism, slavery, policies and practices of segregation, intergenerational trauma, and both overt and systemic racism that continue to affect Black Canadians today. With an understanding of these social factors I was able to better appreciate the circumstances that led Mr. Jackson to come before me. I sentenced him accordingly.

Gladue was horrible for exactly this reason. Instead of holding people accountable to as similar a standard as possible, some get to play the “oppression card” and get much lighter sentences. It stands the idea of equality before the law completely on its head.

The ruling would then go on to quote some social worker at length about the struggles that blacks face, and how its circumstances must be considered.

[66] Giving your acts a contextual analysis in light of the wealth of evidence provided to me on this sentencing, I do not find this to be a weighty aggravating factor in your case. I appreciate that accused people should not flee from police. Especially carrying a loaded firearm. But it is understandable to me that you ran. It was not a coldly calculated act to escape but one based upon emotion and a state of mind that has been shaped both generally and specifically by the historical racism suffered by Blacks and by you. In other words, not every flight from the police should be treated the same. Here there is a connection in the evidence between your act of flight and the systemic factors. I find it would be wrong to punish you more severely for this. When I view how anti-Black racism and historical injustices have contributed to your actions, the needs of general deterrence and denunciation normally raised by this act of flight is tempered. Given that the choice you made to do so was affected by these factors, the moral blameworthiness of your actions is also lessened.
[67] In addition, in assessing the seriousness of the offences, when I look at potential aggravating factors that often exist in the case law, here, there is no evidence that your possession of the gun is connected with other crimes such as crimes of violence or drug trafficking.
[68] There are also some very traditional mitigating factors. You are a first offender. You were young when you committed these crimes. You were 22 years old. You have supportive family and friends. There is a side of you that speaks well to your rehabilitation. I have mentioned them before. Your warmth, kindness, and respectfulness.

Being a young, first time offender is a legitimate reason to cut someone a break. No argument on that point.

But that is where the agreement ends. All this nonsense about historical racism and systemic factors (repeated throughout the ruling), was nauseating to read.

[81] Sentencing must always be an individual process. In these cases judges gave sentences of 1 year, 15 months, 18 months, just under 2 years. Some of these sentences were permitted to be served in the community rather than in jail. The cases are: R. v. Ishmael, 2014 ONCJ 136; R. v. Garton, 2018 ONSC 544; R. v. Rutledge, 2015 ONSC 6625; R. v. Shunmuganathan, 2016 ONCJ 519;
R. v. Nuttley, 2013 ONCJ 727;
R. v. Kelsy, [2008] O.J. No. 3879;
R. v. Cadienhead, [2015] O.J. No. 3125;
R. v. Williams, [2011] O.J. No. 3352 (S.C.J.);
R. v. Brown, [2006] O.J. No. 4681 (S.C.J.);
R. v. Carranza, [2004] O.J. No. 6041 (S.C.J.)

Fair enough. The Judge was looking for a little consistency.

[82]82 Now I want to talk about that elephant in the room. I know you are in custody on other charges. What those charges are were not explained to me by either the Crown or your lawyers. However, I do know from some of the materials filed what the charges are said to be. Of course, there is a charge of breaching your bail. There are also some other offences. But they are not gun offences. Your surety surrendered your bail so you are in custody on the charges I am sentencing you for. To someone hearing this, I am sure they will say you have not behaved well while on bail. They may be right. But you are presumed innocent of these alleged new offences. I am sentencing you as a first offender. Someone without a criminal record. The new charges do not change that. The presumption of innocence is the foundation of our criminal justice system. While it may be hard for many to understand, I cannot let that foundation be eroded or chipped away by taking into account the new charges.

So, “first-timer” comes with a few caveats: Morris breached his bail, and is facing additional charges. However, the Judge has decided to ignore this in sentencing him as a first-timer.

It would be nice to know how exactly bail was breached, and what exactly the other charges are. But they are not mentioned.

[92] I also find that the anti-Black racism evidence presented on the sentencing is relevant in assessing the weight I should give this. Racism can operate very subtly. It can be there lurking in the background of people’s minds, unconsciously influencing their judgment and making them act in certain ways towards certain people.
[93] I want to be clear that I am not painting the police with the brush of overt racism in this case. I do not have the evidence to support that. But I am troubled. If I asked myself: If it was someone other than a young Black man running away from the police that night, would D.C. Moorcroft have driven in the aggressive way that he did? Would Mr. Morris and the car have collided? I am troubled because in all honesty, I cannot conclude it would have happened in the same way.

So, racism happens, but I have no evidence that there was any in this case. Therefore, I will still bring it up as a mitigating factor.

This Judge talks in circles about how there is all this systemic racism, and how it can be very subtle. Yet he notes that there is no proof that there was racism in this case. So what is the point then?

E. CONCLUSION
[97] After mitigation for the Charter violations, I have sentenced you to a jail sentence of 12 months. You have done a lot of dead time. The sentence will be based upon the credit you will receive for that dead time. I will credit you 1.5 to 1 for that pre-trial custody. The evidence shows that you received no real programming, had a difficult time in jail, and at times experienced physical discomfort in jail due to your medical conditions. You also did not receive consideration for parole or remission while in pre-trial custody. I find it right to give this enhanced credit. Therefore, 243 days of pre-trial custody will be used up. You will be sentenced to a further 1 day in jail on each charge concurrently. I also made a DNA order, s. 109 weapons prohibition, and the forfeiture order.

So not even a year. Just 8 months.

University of Toronto Article On Race & Crime

Although not specific to this case, this article by Akwasi Owusu-Bempah is an interesting read. If nothing else, it shows the extent that this academic will go to avoid the obvious conclusion:

SOME GROUPS JUST COMMIT MORE CRIME

Yes, that’s it. Groups are not equal when it comes to committing crime. That is the hard truth that lawyers, judges, politicians, academics and social workers refuse to address.

On the topic of “disparity”, it’s worth noting that males make up over 90% of prison inmates. However, there is no push claiming discrimination against them. Oh, the double standards.

Instead, he will talk in circles. Owusu-Bempah will blame mistrust, victimization in black and Aboriginal neighbourhoods, racial bias (without proving it), and Court discrimination (again, without proving it). Although the author touches the topic of crime rates, he avoids making any definitive statements. It’s like he is deliberately avoiding the obvious answer.

Abstract and Keywords
Canada effectively bans systematic collection and dissemination of racially disaggregated criminal justice statistics. A significant proportion of Canada’s racial minority populations perceive bias in the criminal justice system, especially on the part of police. Aboriginal and black Canadians are grossly overrepresented in Canada’s correctional institutions. Some evidence suggests that both Aboriginal and black populations are overrepresented with respect to violent offending and victimization. Social conditions in which Aboriginal and black Canadians live are at least partially to blame for their possibly elevated rates of violent offending. Evidence indicates that racial bias exists in the administration of Canadian criminal justice. At times, this discrimination has been supported by court decisions. Discrimination and disparity are at times acknowledged by government, but they are seldom wholeheartedly addressed. There is a lack of political will to address issues of racial minority overrepresentation in relation to manifestations of racial discrimination or to the societal conditions that lead to criminal offending.

Oh, the mental gymnastics of the author are blatant:

  • Minorities “perceive” bias against them
  • There is overrepresentation
  • Bias in administration
  • Government acknowledges disparity
  • No political will to address overrepresentation
  • Societal conditions lead to offending

However:

  • The author mentions overrepresentation regarding offending, but immediately lumps it in with “victimization”, as if to muddy the waters
  • Lack of available objective data, yet we are able to make conclusions based on much more subjective things, such as perceived bias
  • Right, not elevated rates, but “possibly” elevated rates

Connections among race, crime, and criminal justice are often portrayed in Canadian media images and are captured in the popular imagination. Yet, in comparison to the United States and Great Britain, these phenomena receive relatively little attention from Canadian academics and policy makers. A lack of readily available criminal justice data disaggregated by race makes it particularly difficult for researchers to examine the nature of these racial differences. Thus, we are unable to determine the extent to which higher rates of offending among certain racial groups and discrimination in the administration of criminal justice contribute to the apparent overrepresentation

There’s a lack of data, but this author will still make claims about bias and discrimination, without actually proving it. He will also tap-dance around the obvious: If a group commits crime at a much higher rate, doesn’t that justify higher incarceration rates?

Nonetheless, available evidence indicates that a significant proportion of Canada’s racial minority populations and a sizable proportion of the white population perceive bias in the criminal justice system. These public perceptions are supported by data that show that certain racial minority groups, particularly Aboriginal and black Canadians, are grossly overrepresented in Canada’s correctional institutions. Further evidence indicates that racial bias does exist in the administration of Canadian criminal justice, and, at times, this discrimination has been supported by court decisions. We cannot discount, however, the probability that increased rates of offending among certain racialized groups contributes to their overrepresentation in correctional statistics. As we show in this essay, research suggests that Aboriginal and black Canadians are overrepresented with respect to violent offending and victimization. The Canadian federal government itself has pointed out that the social conditions in which Aboriginals live is at least partially to blame for their rates of violent offending (Department of Justice 2009). We have previously made the same connection with respect to black Canadians (Wortley and Owusu-Bempah2011a).

Owusu-Bempah contradicts himself here. He claims there is “perceived” bias from many people. Not “actual” bias, but perceived bias. He then goes on to say that there is overrepresentation among certain groups.

He then offers a perfectly reasonable explanation for the higher incarceration rate: increased offending.

Just a thought. If a certain group commits crime at a higher rate, then it is not bias or discrimination that there would be more of them involved with the courts.

Unfortunately, there is an apparent lack of political will to address issues of racial minority overrepresentation in the Canadian criminal justice system. Ambivalence to address these issues relates both to the manifestations of racial discrimination in the system, as well as to the societal conditions that lead to criminal offending. Discrimination and disparity may be at times acknowledged, but they are seldom wholeheartedly addressed. When addressed, the means are seldom thoroughly evaluated for effectiveness, and, when evaluated, the results are rarely made public.

Difficult to believe, but this is just the next paragraph. Owusu-Bempah claims there is no political will to address racial minority overrepresentation. Yet, he previously commented that there was a higher rate of offending.

This seems like a solution in search of a problem.

Many have argued that relatively high rates of homicide and gun crime among African Canadians and Aboriginals in Canada are reflective of their overrepresentation in street gangs. Unfortunately, official police statistics on Canadian gangs are almost nonexistent

Yeah, good job.

Canada’s reluctance to acknowledge and document race is most evident in the operation of its criminal justice system and in its criminal justice policies. Unlike in the United States and the United Kingdom, where race-based criminal justice statistics are readily available to the public and researchers alike, the Canadian criminal justice system does not systematically collect or publish statistics on the race of individuals processed through the system. The debate over the collection of racial data from the criminal justice sector in Canada can be traced back as far as 1929 (Roberts 1992). Discussions about the collection, or more accurately, the public release of these data have emerged more recently in the context of broader debates about race, crime, and the administration of criminal justice—particularly related to the circumstances of Aboriginal and black Canadians (Hatt 1994; Johnston 1994; Gabor 1994; Roberts 1994; Wortley 1999; Owusu-Bempah and Millar 2010). On the one hand, allegations of racial discrimination have been leveled against the justice system to explain the overrepresentation of certain racial minority groups in the few available sources of police and correctional data. On the other hand, it has been suggested that racial minorities are disproportionately involved in criminal activity, which accounts for their disproportionate involvement with the criminal justice system as reflected in the data. Unfortunately, our ability to test either of these claims is limited by the absence of available data, despite numerous calls for its collection. Several major attempts have been made in Canada to collect racial and ethnic data, particularly in the policing sector (Fine 1990; Wortley and Marshall 2005; Leclair InfoCom 2009); these attempts, however, have not paved the way for systematic data collection

The author addresses crime rates, but gives a wishy washy answer. There’s not enough data to tell one way or another whether it is: (a) discrimination; or (b) actual crime, that results in the disparities. Yet, feelings about perceived bias and virtue signalling bureaucrats apologizing are apparently good evidence.

There is an interesting point to be taken from this: if there was concrete data on race and crime rates, then the debate could be put to bed once and for all.

The article keeps repeating the same idea and muddying the waters: we don’t have data, so we can’t be sure what causes discrepancies in the representation.

If the author wanted a reference point, why not check the data from the US and UK? After all, he knows it is there.

Crime Data From Britain

CLICK HERE, for UK demographic crime data.

There were 698,737 arrests in 2017/18, a fall of 8% on the previous year – both years’ figures exclude Lancashire Police (see ‘Things you need to know’)
-Black people were over 3 times as likely to be arrested as White people – there were 35 arrests for every 1,000 —Black people, and 11 arrests for every 1,000 White people
-overall, men were over 5 times as likely to be arrested as women – there were 22 arrests for every 1,000 men, and -4 arrests for every 1,000 women
-Black women were more than twice as likely to be arrested as White women – there were 7 arrests for every 1,000 —Black women, and 3 arrests for every 1,000 White women

And a few pages later,

there were 698,737 arrests in England and Wales in 2017/18 (excluding the Lancashire police force area), at a rate of 13 arrests per 1,000 people
there were 62,501 fewer arrests in 2017/18 compared with the previous year, a fall of 8% (excluding Lancashire Police from both years)
Black people were over 3 times as likely to be arrested as White people – there were 35 arrests for every 1,000 Black people, and 11 arrests for every 1,000 White people
people with Mixed ethnicity were over twice as likely to be arrested as White people – there were 25 arrests for every 1,000 people with Mixed ethnicity, and 11 arrests for every 1,000 White people

So the UK Government is willing to be quite open and blunt about the disparities in race and offending. And what about the US.

Crime Data From US FBI

CLICK HERE, for FBI Uniform Crime Reporting, Table 21. This is compiled from 2016, though the stats over the years don’t change much.

Looking at Table 21C (people aged 18 or over)
Worth noting the US black population is about 13% commits:

  • 52% of homicides
  • 28% of rapes
  • 51% of robberies
  • 32% of aggravated assault
  • 36% of violent crime
  • 41% of weapons carrying
  • 30% buying stolen property

…. and so on.

Are blacks greatly overrepresented in US prisons? Absolutely. And for a very good reason — disproportionate amount of violent and serious crime.

Are US sentences in general too harsh? A fair point, but a topic for another day. This post concerns treating people equally.

Gladue 2.0 Addresses Wrong Problem

With this proposed change, the scope of Gladue will be broadened. This means that it will not be restricted to Aboriginals.

The claim is that this will reduce overrepresentation in the courts and prison system. Problem is: it focuses on making prisons look like a random sample of society, rather than a reflection of who is actually committing the most serious crime.

It’s what liberals do not want to acknowledge:

SOME GROUPS JUST COMMIT MORE CRIME

It is not necessarily due to “oppression” or “systemic bias”, or any other such nonsense. It is caused by these groups, on average, behaving differently. While it is obviously desirable for society to reduce crime and their prison populations, this is a backwards approach.

Should the Ontario Court of Appeals (and possibly the Supreme Court of Canada) confirm this nonsense, racial equality dies. Your skin colour will determine your punishment, not your crime. Though arguably that was the case with Gladue.

Keep in mind, it is the Supreme Court of Canada that upheld Gladue in the first place (appealed from BC). There is nothing to indicated they wouldn’t extend their ruling to this.

MORRIS CASE:
(1) https://handbook.law.utoronto.ca/sites/default/files/users/alzner/R%20v%20Morris.pdf
(2) https://laws-lois.justice.gc.ca/eng/acts/C-46/page-78.html#h-121951
(3) https://laws-lois.justice.gc.ca/eng/acts/C-46/page-21.html#h-117146
(4) https://nationalpost.com/news/judge-champions-lenient-sentence-for-young-black-man-in-gun-crime-because-of-systemic-racism-and-poverty
(5) https://nationalpost.com/news/ontario-case-could-set-special-rules-for-sentencing-black-offenders-similar-to-gladue-for-indigenous-people?utm_medium=Social&utm_source=Twitter#comments-area

US/UK:
(1) https://ucr.fbi.gov/crime-in-the-u.s/2016/crime-in-the-u.s.-2016/topic-pages/tables/table-21
(2) https://www.ethnicity-facts-figures.service.gov.uk/crime-justice-and-the-law/policing/number-of-arrests/latest

GLADUE:
(1) https://www.canlii.org/en/bc/bcca/doc/1997/1997canlii3015/1997canlii3015.html
(2) https://www.canlii.org/en/ca/scc/doc/1999/1999canlii679/1999canlii679.html
(3) https://www.canlii.org/en/ca/scc/doc/2012/2012scc13/2012scc13.html

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9th Circuit Pulls Federal Funds Planned Parenthood Uses For Baby Chop-Shop

(David Daleiden Fined $195,000 Exposed PP Selling Aborted Baby Parts)


(Interview With David Daleiden)

Quotes From Ruling

BACKGROUND:
In 1970, Congress enacted Title X of the Public Health Service Act (“Title X”) to create a limited grant program for certain types of pre-pregnancy family planning services. See Pub. L. No. 91-572, 84 Stat. 1504 (1970). Section 1008 of Title X, which has remained unchanged since its enactment, is titled “Prohibition of Abortion,” and provides: None of the funds appropriated under this subchapter shall be used in programs where abortion is a method of family planning.

Pretty straightforward. Title X was never meant to be a means which to funnel money to fund abortions.

In ruling on a stay motion, we are guided by four factors: “(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies.” Nken v. Holder, 556 U.S. 418, 434 (2009) (internal quotation marks omitted). Although review of a district court’s grant of a preliminary injunction is for abuse of discretion, Southwest Voter Registration Education Project v. Shelley, 344 F.3d 914, 918 (9th Cir. 2003), “[a] district court by definition abuses its discretion when it makes an error of law,” Koon v. United States, 518 U.S. 81, 100 (1996).

This is the 4 part test to decide on a motion to stay a ruling. Is the applicant likely to succeed? Is there public interest? What harm will come to the parties?

As a threshold matter, we note that the Final Rule is a reasonable interpretation of § 1008. Congress enacted § 1008 to ensure that “[n]one of the funds appropriated under this subchapter shall be used in programs where abortion is a method of family planning.” 42 U.S.C. § 300a-6. If a program promotes, encourages, or advocates abortion as a method of family planning, or if the program refers patients to abortion providers for family planning purposes, then that program is logically one “where abortion is a method of family planning.” Accordingly, the Final Rule’s prohibitions on advocating, encouraging, or promoting abortion, as well as on referring patients for abortions, are reasonable and in accord with § 1008. Indeed, the Supreme Court has held that § 1008 “plainly allows” such a construction of the statute. Rust, 500 U.S. at 184 (upholding as a reasonable interpretation of § 1008 regulations that (1) prohibited abortion referrals and counseling, (2) required referrals for prenatal care, (3) placed restrictions on referral lists, (4) prohibited promoting, encouraging, or advocating abortion, and (5) mandated financial and physical separation of Title X projects from abortion-related activities). The text of § 1008 has not changed.

This makes a great deal of sense. If abortion was never intended to be covered as “family planning” under Title X, then organizations that openly promote, encourage, or otherwise facilitate it shouldn’t be allowed to receive federal monies. It would do an end run around rules.

Notwithstanding any other provision of this Act, the Secretary of Health and Human Services shall not promulgate any regulation that—
(1) creates any unreasonable barriers to the ability of individuals to obtain appropriate medical care;
(2) impedes timely access to health care services;
(3) interferes with communications regarding a full range of treatment options between the patient and the provider;
(4) restricts the ability of health care providers to provide full disclosure of all relevant information to patients making health care decisions;
(5) violates the principles of informed consent and the ethical standards of health care professionals; or
(6) limits the availability of health care treatment for the full duration of a patient’s medical needs.

Pub. L. No. 111-148, title I, § 1554 (42 U.S.C. § 18114) (“§ 1554”). These two provisions could render the Final Rule “not in accordance with law” only by impliedly repealing or amending § 1008, or by directly contravening the Final Rule’s regulatory provisions

So these limitations would not be violate, specifically because § 1008 would need to be repealed or amended. Or the “Final Rule’s” provisions would have to be violated.

Plaintiffs admit that there is no irreconcilable conflict between § 1008 and either the appropriations rider or § 1554 of the ACA. E.g., California State Opposition to Motion for Stay at p. 14; Essential Access Opposition to Motion for Stay at p.14. And we discern no “clear and manifest” intent by Congress to amend or repeal § 1008 via either of these laws—indeed, neither law even refers to § 1008. The appropriations rider mentions abortion only to prohibit appropriated funds from being expended for abortions; and § 1554 of the ACA does not even mention abortion.

The US Congress has no intent to rewrite or amend § 1008. And § 1554 of the ACA (Affordable Care Act) does not even mention abortion. It looks pretty weak to attempt an end run around what the law explicitly forbids.

Although the Final Rule does require the provision of referrals to non-abortion providers, id. at 7788–90, such referrals do not constitute “pregnancy counseling.” First, providing a referral is not “counseling.” HHS has defined “nondirective counseling” as “the meaningful presentation of options where the [medical professional] is not suggesting or advising one option over another,” 84 Fed. Reg. at 7716, whereas a “referral” involves linking a patient to another provider who can give further counseling or treatment, id. at 7748. The Final Rule treats referral and counseling as distinct terms, as has Congress and HHS under previous administrations. See, e.g., 42 U.S.C. § 300z-10; 53 Fed. Reg. at 2923; 2928–38 (1988); 65 Fed. Reg. 41272–75 (2000). We therefore conclude that the Final Rule’s referral requirement is not contrary to the appropriations rider’s nondirective pregnancy counseling mandate.2

It is not “counselling” to refer a woman for abortion procedures. Counselling, as repeatedly held, is explaining options to a person.

Because HHS and the public interest would be irreparably harmed absent a stay, harms to Plaintiffs from a stay will be comparatively minor, and HHS is likely to prevail in its challenge of the preliminary injunction orders before a merits panel of this court (which is set to hear the cases on an expedited basis), we conclude that a stay of the district courts’ preliminary injunction orders pending appeal is proper. The motion for a stay pending appeal is GRANTED.

4. Planned Parenthood Sued Idaho Over Reporting Rules

Chapter 95: Abortions Complications Reporting Act

(f) Abortion and complication reporting do not impose undue burdens on a woman’s right to choose whether she terminates pregnancy. Specifically, the “collection of information” with respect to actual patients is a vital element of medical research, so it cannot be said that the requirements serve no purpose other than to make abortions more difficult.

This raises a valid point. If abortions, or any particular technique were leading to health complications later down the road, then it would be useful to know that information.

Here is Planned Parenthood’s response when filing suit.

This law require providers in the state to report on more than 37 new “complications,” ranging from medical conditions that have no link to abortion, like breast cancer, to the inability to come in for a follow-up appointment, which is not a medical condition. The reporting requirement doesn’t exist for any other medical procedure. The bill was signed into law by Governor C.L. “Butch” Otter in March.

Yet none of this actually prevents abortions from going on. It is a bit confusing. Does PP “not” want the patients (specifically), or the public (generally) to know what kinds of health and follow-up issues are going on?

Planned Parenthood Sued Ohio Over Heartbeat Bill

(1) At least twenty-four hours prior to the performance or inducement of the abortion, a physician meets with the pregnant woman in person in an individual, private setting and gives her an adequate opportunity to ask questions about the abortion that will be performed or induced. At this meeting, the physician shall inform the pregnant woman, verbally or, if she is hearing impaired, by other means of communication, of all of the following: (a) The nature and purpose of the particular abortion procedure to be used and the medical risks associated with that procedure; (b) The probable gestational age of the embryo or fetus; (c) The medical risks associated with the pregnant woman carrying the pregnancy to term. The meeting need not occur at the facility where the abortion is to be performed or induced, and the physician involved in the meeting need not be affiliated with that facility or with the physician who is scheduled to perform or induce the abortion.

(3) If it has been determined that the unborn human individual the pregnant woman is carrying has a detectable fetal heartbeat, the physician who is to perform or induce the abortion shall comply with the informed consent requirements in section 2919.192 2919.194 of the Revised Code in addition to complying with the informed consent requirements in divisions (B)(1), (2), (4), and (5) of this section

While “controversial”, this bill (and similar ones) make a very valid point. How is it not “alive” if there is an actual heart beating?

All of this talk about the right to an abortion, but no concern over the life of the unborn child. Why?

Perhaps Senate Bill 27 will explain it. Planned Parenthood not only sues to make abortion “more accessible”, but it opposes efforts to “force the disposal” of the bodies either by burial or by cremation. Those aborted babies are worth a lot of money, if you harvest the organs.

Real Reason Planned Parenthood Is So Pro-Abortion

Let’s connect the dots here

  1. PP supports abortion with federal funds.
  2. PP supports aborting babies with Down’s Syndrome.
  3. PP supports abortion based on sex, race, or disability.
  4. PP supports abortion up to (and beyond) birth.
  5. PP opposes abortion complication reporting requirements.
  6. PP opposes laws mandating burial or cremation of fetus.

While all of these are troubling, it is the last point that explains it: Planned Parenthood doesn’t want States mandating the disposal of fetal tissue, because there is a lot of money to be made in that.

From the Washington Examiner:

When pro-life activist David Daleiden and his team at the Center for Medical Progress released the tapes in 2015, Planned Parenthood leaned heavily on the defense that the videos were unfairly doctored. This defense was parroted immediately by a servile press, despite that Planned Parenthood never explained what additional context would have exonerated its senior director of medical services saying on tape that the group was “doing a little better than” breaking even for donated organs (it is illegal to profit from the donation of fetal tissue. It is also illegal under federal law to perform partial birth abortions).

From the Christian Post article:

The undercover journalist who in 2015 exposed Planned Parenthood’s baby body parts selling operation is fighting a nearly $200,000 fine amid an ongoing court battle.

The Ninth Circuit Court of Appeals declined to hear an appeal from David Daleiden of the Center for Medical Progress last week, an appeal of a $195,000 imposed on him for using video footage which supposedly violated a gag order imposed by a lower court judge.

“The federal judge presiding over related civil lawsuits, District Judge William Orrick, had held that criminal defense counsel’s use of the videos violated a gag order he imposed in one of the federal civil actions. Daleiden and his defense counsel appealed, arguing that Orrick had improperly imposed a criminal contempt penalty without granting the accused due process and that the federal civil injunction should not apply to Daleiden’s state criminal proceeding,” according to a statement from the Thomas More Society, which is representing Daleiden.

While the court proceedings are likely not over, David Daleiden performed a much needed service by exposing what really goes on. Aborted (a.k.a. murdered) children are worth a lot of money dead, as their organs can be harvested and sold.

It also explains why Planned Parenthood has such an unwavering pro-abortion stance. These are not babies, but raw supplies. It further makes clear why PP doesn’t want aborted babies buried or cremated. Not much of a business model if you final products are required to be thrown out.

Aborted babies are essentially in a chop-shop for spare parts. Nothing humane or compassionate about it.

(1) http://cdn.ca9.uscourts.gov/datastore/general/2019/06/20/19-15974%20Order%20granting%20stay.pdf

(2) https://www.thegatewaypundit.com/2019/06/9th-us-circuit-court-sides-with-trump-says-president-can-defund-planned-parenthood-almost-60-million-a-year/

(3) https://www.plannedparenthood.org/planned-parenthood-great-northwest-hawaiian-islands/newsroom/planned-parenthood-files-lawsuit-against-idaho-over-invasive-abortion-reporting-regulations
(4) https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2018/legislation/H0638.pdf

(5) https://www.politico.com/interactives/2019/abortion-cases-up-for-supreme-court-review/
(6) https://www.plannedparenthoodaction.org/planned-parenthood-advocates-ohio/issues/legislation
(7) https://www.courthousenews.com/ohio-down-syndrome-abortion-law-hits-sixth-circuit/
(8) https://www.nationalreview.com/news/kentucky-governor-signs-law-prohibiting-abortions-based-on-unborns-sex-race-or-disabilities
(9) https://www.businessinsider.com/supreme-court-abortion-indiana-fetal-burial-law-2019-5
(10) https://www.washingtonexaminer.com/opinion/court-affirms-media-was-wrong-those-videos-of-planned-parenthood-dealing-in-baby-parts-werent-deceptively-edited
(11) https://www.christianpost.com/news/david-daleiden-fined-195000-court-battle-censored-planned-parenthood-footage.html
(12) https://apnews.com/c50e993d047142cf8ca0e8050daf6114

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Hypocrisy In Canada Summer Jobs Grants Between Religious Groups

Employer Attestation

12.0 Employer attestation
12.1 The Employer attests that:
I have read, understood and will comply with the Canada Summer Jobs Articles of Agreement;
I have all the necessary authorities, permissions and approvals to submit this application on behalf of myself and my organization;
The job would not be created without the financial assistance provided under a potential contribution agreement;
Any funding under the Canada Summer Jobs program will not be used to undermine or restrict the exercise of rights legally protected in Canada.

Screening For Grants

Ineligible projects and job activities:
Projects consisting of activities that take place outside of Canada;
Activities that contribute to the provision of a personal service to the employer;
Partisan political activities;
Fundraising activities to cover salary costs for the youth participant; or
Projects or job activities that:
restrict access to programs, services, or employment, or otherwise discriminate, contrary to applicable laws, on the basis of prohibited grounds, including sex, genetic characteristics, religion, race, national or ethnic origin, colour, mental or physical disability, sexual orientation, or gender identity or expression;
advocate intolerance, discrimination and/or prejudice; or
actively work to undermine or restrict a woman’s access to sexual and reproductive health services.

Please note the following definitions:
As per section 2.1 of the Canada Summer Jobs Articles of Agreement, “project” means the hiring, administration of, job activities, and organization’s activities as described in the Application Agreement.
To “advocate” means to promote, foster, or actively support intolerance, discrimination, and/or prejudice.
To “undermine or restrict” means to weaken or limit a woman’s ability to access sexual and reproductive health services. The Government of Canada defines sexual and reproductive health services as including comprehensive sexuality education, family planning, prevention and response to sexual and gender-based violence, safe and legal abortion, and post-abortion care.

The way this is worded, it could be interpreted to mean that even expressing views which are pro-life or critical of SOGI agenda could be seen as threatening.

Of course, the overwhelming majority of charities, non-profits, and businesses have absolutely nothing to do with abortion of the gender agenda.

Nonetheless, since the Government of Canada has insisted on this, at least it will be uniformly enforced throughout all of the groups applying for summer grants, right?

Not really.

Double Standard For Christian & Islamic Groups

From the National Post article:

Youth for Christ’s chapters across Canada have used the grants for years to fund more than 100 student jobs annually. Toronto City Mission, which runs day camps in impoverished neighbourhoods, received $70,000 last year for 16 positions. Winnipeg’s Centerpoint Church has used the grants for 24 years to hire two summer students; Mill Bay Baptist Church on Vancouver Island used a grant last year to hire a First Nations student. All have seen their applications sent back this year over the attestation.

Your project may have nothing to do with gender or abortion, but if you won’t sign those forms, prepare to have your grant request denied. However, “values” seem to be pretty flexible, depending on the group.

From the Daily Caller article:

The Trudeau government won’t allow pro-life groups to access the Canada Summer Jobs program without violating their principles, but it is funding an Islamic group with a cleric who was a keynote speaker at the anti-Israel al-Quds day rally in Toronto.

As the Toronto Sun reports, the federal government gave the thumbs-up to the Islamic Humanitarian Service (IHS) based in Kitchener, Ont., to hire summer students with taxpayer money. (RELATED: Trudeau Government Cuts Off Pro-Life And Faith Groups From Jobs Funding)

Yes, you are reading that correctly. The Trudeau Government refused pro-life groups access to the Summer Jobs Program because of their beliefs, even if they were unrelated to the job. Yet it was okay to fund Al Quds, an Islamic, anti-Semitic group, which openly calls for violence against Israel.

It would take some serious mental gymnastics to not see moral inconsistency here. However, it appears to be about politics, not principles.

Canadian Charter & Human Rights Code

Fundamental freedoms
2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.

These demands quite clearly violate both 2(a) and 2(b) of the Canadian Charter. The specific religion is irrelevant, but these groups were clearly targeted because of their views. The double standard with Islamic groups makes it more absurd, but is not necessary.

From the Canadian Human Rights Code:

Prohibited grounds of discrimination
3 (1) For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.

Discriminatory policy or practice
10 It is a discriminatory practice for an employer, employee organization or employer organization
(a) to establish or pursue a policy or practice, or
(b) to enter into an agreement affecting recruitment, referral, hiring, promotion, training, apprenticeship, transfer or any other matter relating to employment or prospective employment,
that deprives or tends to deprive an individual or class of individuals of any employment opportunities on a prohibited ground of discrimination.

Section 3 very clearly lists religion as a protected group.

And consider this: if the Government is awarding contracts, is the Government not the employer in this case?

Some Interesting Cases

R. v. Lewis, 1996 CanLII 3559 (BC SC) ruled that protesting abortion within a certain “protected area” was an offence, not shielded by freedom of religion. Not really related to the above, but still an interesting read.

BCM International, asking the Federal Court for a review of the decision to turn down a grant. The Attestation is cited as the reason. (Case: T-917-19)

BCM International, asking for another review, on essentially the same grounds (Case: T-918-19)

An article on a pending challenge.

Other Double Standards In Free Speech

In Toronto a Christian Preacher is arrested for disturbing the peace in the Gay Village. However, Muslims condemning gays and Israel is apparently okay.

In the UK as well, a Christian Preacher can be arrested even for behaving peacefully. Yet, Muslims are allowed to preach intolerance openly.

The Canada Summer Jobs Program discriminates against those who object to being forced to sign onto a political agenda, when it has no relevance to their cause. It has overwhelmingly effected religious groups. While this may seem trivial, it is understandable to object to “bending the knee”.

If abortion and gender are not related to the work that a group is doing, then there is no reason to bring it up. This is just virtue signalling.

There is a double standard with how Christians are treated with how Muslims are treated. The former must cow-tow, while the latter’s views are “more understood”.

(1) https://www.canada.ca/en/employment-social-development/services/funding/canada-summer-jobs/screening-eligibility.html
(2) https://www.canada.ca/en/employment-social-development/services/funding/canada-summer-jobs/agreement.html
(3) https://nationalpost.com/news/politics/groups-scramble-for-replacement-funding-after-dissenting-on-canada-summer-jobs-abortion-attestation
(4) https://dailycaller.com/2018/06/18/canada-summer-jobs-program-radical-cleric/
(5) https://globalnews.ca/news/4277082/canada-summer-job-grant-islamic-group-peter-braid/
(6) https://laws-lois.justice.gc.ca/eng/const/page-15.html
(7) https://laws-lois.justice.gc.ca/eng/acts/h-6/

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Under 1948 UN Convention, Multiculturalism and Replacement Migration Are Genocide

(Trudeau, speaking to the media)

(1948 Convention On Prevention and Punishing Genocide)

(Canadians encouraged to have less children)

(Russian Pres. Putin: woke on the myth of civic nationalism. “We may be a multiethnic country, but we are one civilization. We are Russian, first and foremost.”)

(Al Quds in Toronto: We execute gays, and Canada will at some point follow Sharia law. We are making babies. Your population is going down the slumps).

Canadian Prime Minister Trudeau is in the news again. This time the MMIWG Inquiry (Missing or Murdered Indigenous Women & Girls) Inquiry has laid accusations of genocide against Canada, for doing nothing to prevent targeting killings of one group of people.

Apparently, Trudeau believes that the findings amount to a pattern of genocide committed against Indigenous women and girls. In an effort to virtue signal, this had lead to admissions that Canada “does” engage in genocidal practices.

As such, it is now reasonable to ask: will the UN and other foreign bodies be able to investigate Canada for genocide? Will this lead to an even bigger erosion of our sovereignty? Sadly, this is not where this article is heading. Sorry for misleading you.

Strangely, this led to another thought: What if Canada actually “did” commit genocide, but in an entirely different way? What if mass migration, multiculturalism, forced diversity and speech codes actually led to the destruction of a nation and its people?

The article looks at the actual 1948 UN Convention On Prevention and Punishing Genocide. It will unironically be compared to some existing laws and practices in Canada. This should be interesting.

1. Important Links


(1) https://www.mmiwg-ffada.ca/final-report/
(2) https://www.mmiwg-ffada.ca/wp-content/uploads/2019/06/Final_Report_Vol_2_Quebec_Report-1.pdf

(3) https://www.un.org/en/genocideprevention/documents/atrocity-crimes/Doc.1_Convention%20on%20the%20Prevention%20and%20Punishment%20of%20the%20Crime%20of%20Genocide.pdf
(4) https://canucklaw.ca/cbc-propaganda-14-lets-replace-the-canadian-population/
(5) https://laws-lois.justice.gc.ca/eng/acts/c-18.7/page-1.html#h-3
(6) Dumping Feminism And Multiculturalism
(7) https://www.ourcommons.ca/Parliamentarians/en/members/Iqra-Khalid(88849)/Motions?documentId=8661986%2520
(8) http://ap.ohchr.org/documents/E/HRC/resolutions/A_HRC_RES_7_19.pdf
(9) https://www.fmreview.org/sites/fmr/files/FMRdownloads/en/FMRpdfs/Human-Rights/cairo.pdf
(10) https://canucklaw.ca/the-cairo-declaration-on-so-called-human-rights/

2. Quotes From UN Convention On Genocide


Having people killed or go missing is horrible, no doubt about it. However, it is not the only way to breach the Convention on Preventing and Punishing Genocide. See the following sections.

Article I
The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish.

Article II
In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.

Article III
The following acts shall be punishable:
(a) Genocide;
(b) Conspiracy to commit genocide;
(c) Direct and public incitement to commit genocide;
(d) Attempt to commit genocide;
(e) Complicity in genocide.

Article IV
Persons committing genocide or any of the other acts enumerated in article III shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals.

Article V
The Contracting Parties undertake to enact, in accordance with their respective Constitutions, the necessary legislation to give effect to the provisions of the present Convention, and, in particular, to provide effective penalties for persons guilty of genocide or any of the other acts enumerated in article III.

Article VI
Persons charged with genocide or any of the other acts enumerated in article III shall be tried by a competent tribunal of the State in the territory of which the act was committed, or by such international penal tribunal as may have jurisdiction with respect to those Contracting Parties which shall have accepted its jurisdiction.

Article VII
Genocide and the other acts enumerated in article III shall not be considered as political crimes for the purpose of extradition.
The Contracting Parties pledge themselves in such cases to grant extradition in accordance with their laws and treaties in force.

Although killing and mass executions are an obvious and overt form of genocide, there are more subtle ways. Government, media and private organizations can work together in ways to bring about a group’s destruction “over time”. As will be demonstrated, there are ways to erase groups that don’t involve firing a shot.

Keep in mind, Article 2 refers to “bring out the destruction, in all or in part” of a national, ethnical, racial or religious group. This will be demonstrated in the coming sections.

3. Replacement Migration


This topic was covered in an earlier article, shown here, but the topic is worth bringing up again. While the Government is not explicitly calling for the replacement of the Canadian population, it does push 2 competing narratives:

(A) Canadians should have less children.
(B) Canada needs more mass migration.

Here is the contrast from the previous article.

(CBC wants less Canadian children)
(a) https://www.cbc.ca/parents/learning/view/i-have-one-child-its-not-my-husbands-and-were-not-planning-for-another-and
(b) https://www.cbc.ca/radio/thecurrent/the-current-for-august-20-2018-1.4791395/smaller-families-are-pushing-the-middle-child-into-extinction-study-suggests-1.4793682
(c) https://www.cbc.ca/news/opinion/chip-joanna-gains-pregnancy-1.4481165
(d) https://www.cbc.ca/parents/learning/view/the-real-reason-i-have-only-one-child
(e) https://www.cbc.ca/radio/day6/episode-194-tv-news-in-israel-and-gaza-rise-of-the-no-mos-and-more-1.2905673/no-mos-women-who-aren-t-having-children-1.2905664
(f) https://www.cbc.ca/parents/learning/view/im-not-teaching-my-daughter-to-be-polite
(g) https://www.cbc.ca/news/canada/british-columbia/emissions-reduction-choices-1.4204206

(and in case you think CBC just wants less children in general)
(a) https://www.cbc.ca/radio/thesundayedition/the-sunday-edition-for-february-24-2019-1.5029453/how-did-multiculturalism-become-so-central-to-canada-s-identity-1.5029456
(b) https://www.cbc.ca/radio/thecurrent/the-current-for-january-24-2019-1.4989844/always-a-way-to-go-around-border-walls-create-insecurity-not-remove-it-says-expert-1.4989854
(c) https://www.cbc.ca/radio/thesundayedition/the-sunday-edition-december-24-2017-1.4451296/why-nothing-will-stop-people-from-migrating-1.4451437
(d) https://www.cbc.ca/news/thenational/national-today-newsletter-migrant-deaths-creed-fire-calif-1.4911425
(e) https://www.cbc.ca/news/world/hungary-soros-analysis-lawrynuik-1.4725089
(f) https://www.cbc.ca/news/world/hungary-orban-parliament-session-1.4651185
(g) https://www.cbc.ca/news/politics/alexander-scheer-trudeau-un-compact-1.4932698
(h) https://www.cbc.ca/radio/thesundayedition/the-sunday-edition-october-14-2018-1.4858401/canada-s-population-needs-to-be-100-million-by-2100-1.4860172

The above are just a small sample of what the CBC, our state funded broadcaster, has been putting out. While calling for Canadians to have fewer (or no) children, our government also advocates for increased immigration to cover for “declining birthrates”.

It is untrue that Canada was “always multicultural”. In the 1971 census, the population was 96% European descent. This “multiculturalism” is a phenomenon of the last 50 years. This was imposed on the population, without any democratic consent.

While CBC is an easy target, it should be noted that politicians of all political parties promote mass migration of very different people, from very different backgrounds and cultures. Diversity is our strength, so the saying goes.

Is this not pushing for the destruction of a group of people? Or is anything and anyone Canadian who wants to be?

4. 1988 Multiculturalism Act


Section 3 of the Act is the most interesting for the purposes of this article. Here it is, in its entirety:

3 (1) It is hereby declared to be the policy of the Government of Canada to
(a) recognize and promote the understanding that multiculturalism reflects the cultural and racial diversity of Canadian society and acknowledges the freedom of all members of Canadian society to preserve, enhance and share their cultural heritage;
(b) recognize and promote the understanding that multiculturalism is a fundamental characteristic of the Canadian heritage and identity and that it provides an invaluable resource in the shaping of Canada’s future;
(c) promote the full and equitable participation of individuals and communities of all origins in the continuing evolution and shaping of all aspects of Canadian society and assist them in the elimination of any barrier to that participation;
(d) recognize the existence of communities whose members share a common origin and their historic contribution to Canadian society, and enhance their development;
(e) ensure that all individuals receive equal treatment and equal protection under the law, while respecting and valuing their diversity;
(f) encourage and assist the social, cultural, economic and political institutions of Canada to be both respectful and inclusive of Canada’s multicultural character;
(g) promote the understanding and creativity that arise from the interaction between individuals and communities of different origins;
(h) foster the recognition and appreciation of the diverse cultures of Canadian society and promote the reflection and the evolving expressions of those cultures;
(i) preserve and enhance the use of languages other than English and French, while strengthening the status and use of the official languages of Canada; and
(j) advance multiculturalism throughout Canada in harmony with the national commitment to the official languages of Canada.”

Throughout, the Act refers to Canada’s “multicultural history”. This is a complete rewrite of history. For over 100 years, Canada had been built largely as a British colony, with heavy French regions in the east. There are also great swaths of land which belong to various Indigenous groups, and many treaties are still discussed today.

This leaves out that the more extra cultures who gain prominence, the host(s) become diluted and weakened. They become just one of many.

(I) and (J) are nonsensical. They want to promote languages “other than” English and French, while strengthening the status of the official languages. Newsflash, of you promote “other” languages, it leads to the weakening of the status of English and French.

Missing from Section 3 (or any section) is a description of what Canada actually is. All this says is that it is a “collection of identities”. We are told repeatdly that “diversity is our strength”, but with no explanation of how so.

This part, while nice, omits a crucial detail: how does a group preserve their language and culture? Simple, get like people together, form an enclave, and preserve their identity. This type of legislation directly leads to balkanization.

5. Destruction of Religious Groups

Let’s address the elephant in the room: Islam. Liberal idiots seem to believe we can co-exist with a group whose stated (and practiced) goals are the destruction of anyone who doesn’t share their beliefs.

Despite plenty of available evidence, Liberals believe that mass Islamic migration and nurturing the growth of Islam is somehow “showing diversity and tolerance”.

Look familiar?

M103 – Systemic racism and religious discrimination
That, in the opinion of the House, the government should: (a) recognize the need to quell the increasing public climate of hate and fear; (b) condemn Islamophobia and all forms of systemic racism and religious discrimination and take note of House of Commons’ petition e-411 and the issues raised by it; and (c) request that the Standing Committee on Canadian Heritage undertake a study on how the government could (i) develop a whole-of-government approach to reducing or eliminating systemic racism and religious discrimination including Islamophobia, in Canada, while ensuring a community-centered focus with a holistic response through evidence-based policy-making, (ii) collect data to contextualize hate crime reports and to conduct needs assessments for impacted communities, and that the Committee should present its findings and recommendations to the House no later than 240 calendar days from the adoption of this motion, provided that in its report, the Committee should make recommendations that the government may use to better reflect the enshrined rights and freedoms in the Constitution Acts, including the Canadian Charter of Rights and Freedoms.

Islam does not permit the survival of non-muslims. To help achieve this goal, efforts are being made to shut down and ban criticism of Islam. But hey, diversity is our strength.

6. Erasing Our Heritage


Removing the statue of our nation’s founder is a pretty overt symbol of our nation being established.

Naming a park in Winnipeg, MB, after an Islamic warlord named Jinnah (hence Jinnah Park), to celebrate the Muslim takeover of half of India is another symbol of our history being erased.

There are too many cases to cite, but those are a few recent and obvious ones. Canadian history is being erased.

7. Is Multiculturalism & Mass Migration “Genocide”?


Let’s go through the list

  • Founding people of a nation are replaced.
  • Culture is replaced in favour of “multiculturalism”.
  • Common language becomes just one of many.
  • Main religion (Christianity) is removed, often through violence.
  • Heritage and history are removed.

The ironically named “Conservatives” do nothing to actually conserve what our nation is. As such, they are complicit in its breakdown.

Yes, it is fair to say that Canadian laws are in fact leading to the genocide of certain groups in Canada. But hey, diversity is our strength.

8. What Was IN MMIWG Report Anyway?


It would not be fair to readers to not at least address this topic.

The conclusions of the MMIWG Report is that these victims are not given the care and seriousness they should have.

1.1. The National Inquiry’s Mandate The Government of Canada and the Government of Quebec entrusted a very broad mandate to the National Inquiry into Missing and Murdered Indigenous Women and Girls, for Quebec.

First, according to Order 711-2016 that created the provincial commission of inquiry, the National Inquiry had to “investigate” and “report on” two main topics: the systemic causes of all forms of violence, and the institutional policies and practices implemented in response to the violence against Indigenous women and girls. To that end, the National Inquiry’s mandate included reviewing the factors that could be associated with the relationships between public services under Quebec’s constitutional jurisdictions, including police forces, health facilities, social and educational services, and Indigenous people more generally.

In addition, the National Inquiry had a mandate to “make recommendations.” These recommendations had to focus on two objectives: to propose concrete and sustainable actions to be implemented to prevent situations of violence against Indigenous women, girls, and 2SLGBTQQIA people, and to significantly improve the quality of relationships between Indigenous people and public services.

Noticeably absent is any mention of “solving the cases” of these women and girls. In fact, the mandate is not about solving any of these murders or disappearances.

In fact, it is a report about various “marginalization” that these women face. Very little of it has anything to do with the cases of the missing/murdered women.

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Digital Charter Coming After “Christchurch Call”

(Trudeau announcing new “Digital Charter”)

(New Zealand PM Jacinda Ardern at “Christchurch Call”)

Yes, the Christchurch Call and the UN “digital cooperation” are 2 separate initiatives, but the result is the same: stamping out free speech online.

(The UN High-Level Panel on Digital Cooperation)

(Liberal ex-Candidate Richard Lee supports UN regulating internet)

1. Important Links

(1) https://thespinoff.co.nz/politics/16-05-2019/the-christchurch-call-full-text/
(2) https://globalnews.ca/news/5283178/trudeau-digital-charter/?utm_medium=Twitter&utm_source=%40globalnews
(3) https://canucklaw.ca/unifor-interview-denies-crawling-into-bed-with-government/
(4) https://canucklaw.ca/wp-content/uploads/2018/11/economic.update.2018.pdf
(5) https://canucklaw.ca/canadian-govt-purges-sunni-shia-from-2019-terrorism-report-bill-c-59/
(6) https://www.blacklocks.ca/feds-to-list-approved-media/
(7) https://laws-lois.justice.gc.ca/eng/const/page-15.html

Interesting UN Links from prior article.
(8) http://www.un.org/en/digital-cooperation-panel/
(9) http://www.un.org/en/pdfs/HLP-on-Digital-Cooperation_Press-Release.pdf
(10) https://digitalcooperation.org/
(11) https://www.cepal.org/cgi-bin/getProd.asp?xml=/socinfo/noticias/noticias/4/48074/P48074.xml&xsl=/socinfo/tpl-i/p1f.xsl&base=/socinfo/tpl-i/top-bottom.xsl
(12) https://www.unescwa.org/sites/www.unescwa.org/files/events/files/program.pdf
(13) https://www.unescwa.org/sub-site/arabDIG
(14) https://www.unescwa.org/publications/internet-governance-challenges-and-opportunities-escwa-member-countries
(15) https://canucklaw.ca/un-wants-to-ban-criticism-of-islam-globally/

2. Text Of Christchurch Call

To that end, we, the Governments, commit to:
.
-Counter the drivers of terrorism and violent extremism by strengthening the resilience and inclusiveness of our societies to enable them to resist terrorist and violent extremist ideologies, including through education, building media literacy to help counter distorted terrorist and violent extremist narratives, and the fight against inequality.
-Ensure effective enforcement of applicable laws that prohibit the production or dissemination of terrorist and violent extremist content, in a manner consistent with the rule of law and international human rights law, including freedom of expression.
-Encourage media outlets to apply ethical standards when depicting terrorist events online, to avoid amplifying terrorist and violent extremist content.
–Support frameworks, such as industry standards, to ensure that reporting on terrorist attacks does not amplify terrorist and violent extremist content, without prejudice to responsible coverage of terrorism and violent extremism. Consider appropriate action to prevent the use of online services to disseminate terrorist and violent extremist content, including through collaborative actions, such as:
-Awareness-raising and capacity-building activities aimed at smaller online service providers;
-Development of industry standards or voluntary frameworks;

-Regulatory or policy measures consistent with a free, open and secure internet and international human rights law.

To that end, we, the online service providers, commit to:
.
-Take transparent, specific measures seeking to prevent the upload of terrorist and violent extremist content and to prevent its dissemination on social media and similar content-sharing services, including its immediate and permanent removal, without prejudice to law enforcement and user appeals requirements, in a manner consistent with human rights and fundamental freedoms. Cooperative measures to achieve these outcomes may include technology development, the expansion and use of shared databases of hashes and URLs, and effective notice and takedown procedures.
-Provide greater transparency in the setting of community standards or terms of service, including by:
Outlining and publishing the consequences of sharing terrorist and violent extremist content;
-Describing policies and putting in place procedures for detecting and removing terrorist and violent extremist content. Enforce those community standards or terms of service in a manner consistent with human rights and fundamental freedoms, including by:
-Prioritising moderation of terrorist and violent extremist content, however identified;
Closing accounts where appropriate;
-Providing an efficient complaints and appeals process for those wishing to contest the removal of their content or a decision to decline the upload of their content.
-Implement immediate, effective measures to mitigate the specific risk that terrorist and violent extremist content is disseminated through livestreaming, including identification of content for real-time review.
-Implement regular and transparent public reporting, in a way that is measurable and supported by clear methodology, on the quantity and nature of terrorist and violent extremist content being detected and removed.
-Review the operation of algorithms and other processes that may drive users towards and/or amplify terrorist and violent extremist content to better understand possible intervention points and to implement changes where this occurs. This may include using algorithms and other processes to redirect users from such content or the promotion of credible, positive alternatives or counter-narratives. This may include building appropriate mechanisms for reporting, designed in a multi-stakeholder process and without compromising trade secrets or the effectiveness of service providers’ practices through unnecessary disclosure.
-Work together to ensure cross-industry efforts are coordinated and robust, for instance by investing in and expanding the GIFCT, and by sharing knowledge and expertise.
-To that end, we, Governments and online service providers, commit to work collectively to:
-Work with civil society to promote community-led efforts to counter violent extremism in all its forms, including through the development and promotion of positive alternatives and counter-messaging.
-Develop effective interventions, based on trusted information sharing about the effects of algorithmic and other processes, to redirect users from terrorist and violent extremist content.
Accelerate research into and development of technical solutions to prevent the upload of and to detect and immediately remove terrorist and violent extremist content online, and share these solutions through open channels, drawing on expertise from academia, researchers, and civil society.
-Support research and academic efforts to better understand, prevent and counter terrorist and violent extremist content online, including both the offline and online impacts of this activity.
-Ensure appropriate cooperation with and among law enforcement agencies for the purposes of investigating and prosecuting illegal online activity in regard to detected and/or removed terrorist and violent extremist content, in a manner consistent with rule of law and human rights protections.
–Support smaller platforms as they build capacity to remove terrorist and violent extremist content, including through sharing technical solutions and relevant databases of hashes or other relevant material, such as the GIFCT shared database.
–Collaborate, and support partner countries, in the development and implementation of best practice in preventing the dissemination of terrorist and violent extremist content online, including through operational coordination and trusted information exchanges in accordance with relevant data protection and privacy rules.
-Develop processes allowing governments and online service providers to respond rapidly, effectively and in a coordinated manner to the dissemination of terrorist or violent extremist content following a terrorist event. This may require the development of a shared crisis protocol and information-sharing processes, in a manner consistent with human rights protections.
–Respect, and for Governments protect, human rights, including by avoiding directly or indirectly contributing to adverse human rights impacts through business activities and addressing such impacts where they occur.

Recognise the important role of civil society in supporting work on the issues and commitments in the Call, including through:
.
-Offering expert advice on implementing the commitments in this Call in a manner consistent with a free, open and secure internet and with international human rights law;
–Working, including with governments and online service providers, to increase transparency;
-Where necessary, working to support users through company appeals and complaints processes.
-Affirm our willingness to continue to work together, in existing fora and relevant organizations, institutions, mechanisms and processes to assist one another and to build momentum and widen support for the Call.
-Develop and support a range of practical, non-duplicative initiatives to ensure that this pledge is delivered.
Acknowledge that governments, online service providers, and civil society may wish to take further cooperative action to address a broader range of harmful online content, such as the actions that will be discussed further during the G7 Biarritz Summit, in the G20, the Aqaba Process, the Five Country Ministerial, and a range of other fora.

Signatories:
Australia
Canada
European Commission
France
Germany
Indonesia
India
Ireland
Italy
Japan
Jordan
The Netherlands
New Zealand
Norway
Senegal
Spain
Sweden

3. Some Observations

Some observations:

  1. Combatting extremist ideologies and fighting inequality are lumped together.
  2. This will apparently be done “respecting free speech and human rights”, but aren’t those things already supposed to be protected?
  3. Parties want to “promot[e] positive alternatives and counter-messaging”. Doesn’t that sound like Onjective 17(c) of the UN Global Migration Compact, promote propaganda positive to migration?
  4. Encouraging media to use ethical practices when covering violence? And what, shut them down if they refuse?
  5. Widen support for the call? Collective suicide pact for free speech?
  6. Looking for expert advice in how to implement “the Call” without violating those pesky free speech and human rights laws. Perhaps you need another Jordan Peterson to make it sound nice and fluffy.
  7. Research to spot “ROOT CAUSES” of terrorism.
  8. Look for technical methods to remove terroristic or violent material, (or anything we deem to be violent or terroristic), and share the methods with others.
  9. Collaborate with partner countries, no real concern of whether they support terrorism themselves, as do many Islamic countries.
  10. Mess with algorithms to ensure users not directed to “inappropriate content”.
  11. Regular public reporting, sounds great, except when Governments censor necessary information in the name of not offending anyone, as seen here.
  12. Support INDUSTRY STANDARDS? So the internet “will” be regulated globally.
  13. And all of this misses a VERY IMPORTANT point: what happens when content is shared in Country A, but rules in Country B would render it illegal? Does the content get pulled down because it is offensive to some other nation in the world?

All in all, this is pretty chilling.

4. From Global(ist) News Article

“The platforms are failing their users. And they’re failing our citizens. They have to step up in a major way to counter disinformation, and if they don’t, we will hold them to account and there will be meaningful financial consequences,” he said Thursday.
.
“It’s up to the platforms and governments to take their responsibility seriously and ensure that people are protected online. You don’t have to put the blame on people like Mark Zuckerberg or dismiss the benefits of social platforms to know that we can’t rely exclusively on companies to protect the public interest,” Trudeau continued.
.
He announced that Canada would be launching a digital charter, touching on principles including universal access and transparency and serving as a guide to craft new digital policy.
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Speaking about Canada’s upcoming federal election, he said the government was taking steps to eliminate fake news and that a new task force had been created in order to identify threats to the election and prevent foreign interference.

5. Remember? $595M Bribe

A New Non-Refundable Tax Credit for Subscriptions to Canadian Digital News Media
.
To support Canadian digital news media organizations in achieving a more financially sustainable business model, the Government intends to introduce a new temporary, non-refundable 15-per-cent tax credit for qualifying subscribers of eligible digital news media.
.
In total, the proposed access to tax incentives for charitable giving, refundable tax credit for labour costs and non-refundable tax credit for subscriptions will cost the federal government an estimated $595 million over the next five years. Additional details on these measures will be provided in Budget 2019.

Not only will the Trudeau Government be cracking down on what it views as “fake news”, it will be subsidizing “friendly” or cooperative media. This is nothing short of propaganda. This is a government propping up dying media outlets financially. Of course, what will be expected in return? favourable coverage?

6. Section 2: Fundamental Freedoms

To summarize so far, our government:
(1) Is a member of the UN, which wants to globally regulate the internet. This is referred to as “DIGITAL COOPERATION”. The same UN wants to globally ban criticism of Islam.
(2) Passes a “non-binding” motion, M-103, to ban Islamophobia.
(3) Passes Bill C-16, to ban criticism of their gender agenda, calling certain language to be hate speech.
(4) Signs the Global Migration Compact, which contains provisions (Objective 17(c)) to sensitise and regulate media.
(5) Announces plans to subsidize “certain” media, the 2018 economic update.
(6) Attends a convention, the Christchurch call, and signs the above resolution.
(7) Announces plans for a “digital charter”

Can Section 2 of the Charter — fundamental freedoms — protect us from this assault on free speech? Let’s hope so:

Fundamental freedoms
2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.

Most court cases have come down on the side of fundamental freedoms. If this digital charter comes to be, then certainly the 2 charters will collide.

7. Doing What UN Never Could?

The UN has for a long time tried to regulate our freedoms for the “global collective” or some other such nonsense.

But now, will we do this to ourselves? Will Western nations engage in their own freedom-suicide pact in order to provide the illusion of security from violent terrorists and extremists?

Western Liberals embrace global rule and regulation. So do “Conservatives”, and fake populists, who are basically globalists in disguise. It will be interesting to see how many will actually stand up for freedom instead of caving to pressure.

Posted on

A Case For Tort Reform: “Free-Speech” Grifters Want $5 Million

(Peterson interview after suing)

(Peterson announcing lawsuit to follow Shepherd)

(Pedantic Shepherd, YouTube is beside the point)

(Shepherd sues, then complains about being sued)

Background Information

The details of the Wilfrid Laurier University scandal (Lindsay Shepherd, the 3 staff members, and Jordan Peterson), is old news at this point. The article just focuses on the lawsuits brought against WLU and its staff by Peterson and Shepherd.

It is the opinion here that although the facts alleged are basically true, the claims are fraudulent. They are combined seeking 5 million dollars (Shepherd $3.6, Peterson $1.5M). This is an abuse of the court system, and a way to unjustly enrich themselves.

Keep in mind, Peterson’s only claim to damages was that the tape defamed him (comparing him to Hitler, and other comments). His critics were vilified by the media. He suffered no actual damage, other than being named in a tape that Shepherd released.

Shepherd claims that not only was this 42 minute meeting difficult (surely it was), but that she was never treated the same way again. She cites a few examples, but nothing that would lead a reasonable person to think this would be worth millions in damages. Shepherd claims to be unemployable in academia, but her new love for media probably helped that.

Did WLU staff act like d*****bags? YES
Were inappropriate things said? YES
Was a tape of this leaked to the media? YES
Does any of this amount to millions in damages? NO

Complete Hypocrisy

During the Louder With Crowder interview, Peterson (at 50:20) criticizes the Ontario Human Rights Code for automatically making employers vicariously liable for things employees say. However, he has no issue with USING vicarious liability in order to name the University in his lawsuit.

Peterson claimed that it was libel for Rambukkana to compare him to Hitler, yet Peterson compares trans activists to Communists, who have caused the deaths of millions of people.

Peterson has come to fame claiming to be a free speech champion, but has no issue deplatforming speakers he doesn’t agree with. Faith Goldy is a particularly bad example.

Shepherd and Peterson both claim to be free speech champions, but then sue over words they don’t like.

Karma In All Of This?

In 2018, Shepherd launched a $3.6 million lawsuit against Wilfrid Laurier University and 3 of its staff (Nathan Rambukkana, Herbert Pimlott, and Adria Joel). Although the infamous meeting was cited, there were other problems occurring later which were cited in the statement of defense.

Jordan Peterson filed a $1.5 million lawsuit of his own, claiming that Laurier hadn’t learned its lesson. Peterson claimed that the infamous tape had damaged his reputation.

Regarding Peterson’s claim, the WLU filed a 3rd party claim (Form 29A). It stated that if Peterson actually had suffered damages, he should be suing Lindsay Shepherd, as she made the tape secretly and released it.

Shepherd was outraged. After filing a lawsuit against her university, she is shocked that they would use her as a defence in a related lawsuit. She brought this on herself.

WLU should consider Rule 2.1.01

Some Law On Frivilous Proceedings

Rule 2.1 General Powers to Stay or Dismiss if Vexatious, etc.
.
Stay, Dismissal of frivolous, vexatious, abusive Proceeding
Order to Stay, Dismiss Proceeding
2.1.01 (1) The court may, on its own initiative, stay or dismiss a proceeding if the proceeding appears on its face to be frivolous or vexatious or otherwise an abuse of the process of the court. O. Reg. 43/14, s. 1

Although litigation tends to drag on a long time, something like this should be used. The litigation (particularly Peterson’s) is an abuse of process.

Ontario Libel & Slander Act

Definitions
1 (1) In this Act,
“broadcasting” means the dissemination of writing, signs, signals, pictures and sounds of all kinds, intended to be received by the public either directly or through the medium of relay stations, by means of,
.
(a) any form of wireless radioelectric communication utilizing Hertzian waves, including radiotelegraph and radiotelephone, or
(b) cables, wires, fibre-optic linkages or laser beams,
and “broadcast” has a corresponding meaning; (“radiodiffusion ou télédiffusion”, “radiodiffuser ou télédiffuser”)
“newspaper” means a paper containing public news, intelligence, or occurrences, or remarks or observations thereon, or containing only, or principally, advertisements, printed for distribution to the public and published periodically, or in parts or numbers, at least twelve times a year. (“journal”) R.S.O. 1990, c. L.12, s. 1 (1).

Wilfrid Laurier and its 3 staff members did not do this. Shepherd did. She released the recording to the media, with the intent of making it widely distributed. So Rambukkana and Pimlott have a valid point. If Peterson did suffer damages, it was caused by Lindsay Shepherd.

Yes, Rambukkana and Pimlott were unprofessional for making the comments in the first place. However, it is clear they never meant to be recorded.

There is also some ambiguity as to the Statute of Limitations, whether it would be 3 months, or 2 years. If it is 3 months, then it has already lapsed.

Some Canadian Cases

Here is Hill v Church of Scientology of Toronto (1995), which dropped “actual malice” as a requirement.

Here is Grant v Torstar (2009), which created an exception for responsible journalism.

Here is Crookes v Newton (2011), which ruled that linking, or hyperlinking stories does not count as publishing.

However, all of this may be irrelevant, since it was Shepherd who SECRETLY recorded the meeting, and then chose to publish it WITHOUT THE KNOWLEDGE OR CONSENT of the other parties.

Ontario’s Bill 52

Not sure if this would be relied on in the proceedings, but in 2015, the Ontario Government passed Bill 52 on this subject. Interesting is section 137.1

Dismissal of proceeding that limits debate
Purposes
Rejet d’une instance limitant les débats
Objects
137.1 (1) The purposes of this section and sections 137.2 to 137.5 are,
(a) to encourage individuals to express themselves on matters of public interest;
(b) to promote broad participation in debates on matters of public interest;
(c) to discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and
(d) to reduce the risk that participation by the public in debates on matters of public interest will be hampered by fear of legal action.

Final Thoughts On This

The topic of tort reform is a popular one in recent years, particularly in the United States. Putting a cap on maximum damages, or making it harder to collect on bogus claims is a goal worth pursuing.

Any google or online search of “tort reform” will lead to an almost endless number of matches.

This is not at all to say that a person should “never” go to civil court. If an employer doesn’t pay your wages, or your property is damaged, or bills are not paid, then litigation can be a very valid path. Admittedly, “reasonable” is very subjective. However, most people can agree that one must suffer actual damages to go to court.

However, Shepherd and Peterson have both laid million dollar lawsuits because people said mean things to them. (Shepherd’s claim cites more detail). And hypocritically, both think nothing of mocking their detractors.

These 2 are not the free speech champions they pretend to be. Rather, they support free speech when it is convenient to do so. They are “free-speech grifters”.

Hard to feel sorry for her anymore.

(1) Jordan Peterson On United Nations sustainable Development Agenda
(2) Bill C-16, Gender Identity Bill In Canada
(3) Louder With Crowder interview
(4) Peterson & Cathy Newman
(5) Faith Goldy Deplatformed
(6) Deplatforming Faith Goldy At “Free Speech” Event
(7) https://www.identitygrifting.ca/
(8) Peterson announcing $1.5M lawsuit and WLU University and 3 employees
(9) Peterson Interview On Lawsuit (2:55)
(10) National Post article on WLU 3rd Party Defence
(11) Ontario Human Rights Code
(12) Ontario Court forms index.
(13) Ontario Rules of Civil Procedure
(14) Ontario Libel and Slander Act
(15) Hill v. Church of Scientology, 1995
(16) Ontario Bill 52, protecting expression in matters of public interest