Category: Human Rights

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TSCE #4: Fake Refugees Gaming The System, (U.N. v.s. N.G.O.)

(Lauren Southern reports on asylum fraud)

Original video is here.

(Squatting Slav: Lauren won’t talk about “who” is behind it)

Original video is here.

(UN publication on human trafficking)

1. Trafficking, Smuggling, Child Exploitation

CLICK HERE, for TSCE #1: series intro and other listings.
CLICK HERE, for TSCE #2: suing for the right to illegally enter U.S.
CLICK HERE, for TSCE #3: the U.N.’s hypocrisy on sexual abuse.

2. Important Links

(1) https://news.un.org/en/story/2018/11/1024882
(2) http://archive.is/kjMuB
(3) https://www.iom.int/news/iom-monitors-caravans-central-american-migrants-supports-voluntary-returns
(4) http://archive.is/9SCmV
(5) http://csonet.org/index.php?menu=77
(6) http://archive.is/6Oh4z
(7) https://www.unhcr.org/partnerships.html
(8) http://archive.is/dKxll
(9) https://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/71/1
(10) https://canucklaw.ca/new-york-declaration-september-2016-prelude-to-the-global-migration-compact/
(11) https://refugeesmigrants.un.org/sites/default/files/180713_agreed_outcome_global_compact_for_migration.pdf
(12) https://www.unodc.org/documents/human-trafficking/Migrant-Smuggling/Smuggling_of_Migrants_A_Global_Review.pdf
(13) https://www.interpol.int/en/Crimes/People-smuggling
(14) https://www.unodc.org/unodc/en/organized-crime/intro/UNTOC.html

3. Advocates Abroad And Ariel Ricker

(Advocates Abroad Homepage)

(Lauren Southern exposing Ariel Ricker on coaching “refugees” to lie).

At least one organization, Advocates Abroad, is openly committing fraud in trying to get bogus “refugees” into Europe. This is done by concocting convincing stories with specific details in hopes of duping refugee agencies.

(From this RT article)

Ariel Ricker, the executive director of Advocates Abroad, a major non-profit NGO which provides legal aid to migrants, has been caught on tape openly discussing how she teaches refugees to lie to border agents. The video was released by Canadian right-wing activist, author and internet personality, Lauren Southern, and will be a part of her new documentary film project ‘Borderless,’ which takes on the European migration crisis.

One method she teaches migrants is to exploit the presumed Christian sympathies of the predominantly Eastern Orthodox Greece by pretending to have been persecuted for being Christian. She even describes telling them how to pray during interviews, ironically because doing so reflects “honesty.”

Advocates Abroad claim the video was selectively edited and manipulated to serve a particular agenda.

4. Other NGO Activities

CLICK HERE, for Advocates Abroad.
CLICK HERE, for smuggling 40 migrants into Italy.
CLICK HERE, for people smuggling into Europe.
CLICK HERE, for NGOs smuggling Muslims into Italy.
CLICK HERE, for “humanitarian” smuggling into Greece.
CLICK HERE, for Soros funded NGOs smuggling ISIS into Europe.

Of course the above links are just a tiny sample.

Interesting that Canada signed the United Nations Convention against Transnational Organized Crime and the Protocols Thereto.

The Protocol against the Smuggling of Migrants by Land, Sea and Air, adopted by General Assembly resolution 55/25, entered into force on 28 January 2004. It deals with the growing problem of organized criminal groups who smuggle migrants, often at high risk to the migrants and at great profit for the offenders. A major achievement of the Protocol was that, for the first time in a global international instrument, a definition of smuggling of migrants was developed and agreed upon. The Protocol aims at preventing and combating the smuggling of migrants, as well as promoting cooperation among States parties, while protecting the rights of smuggled migrants and preventing the worst forms of their exploitation which often characterize the smuggling process.

Canada claims to be against human smuggling. Yet we sign treaties (like the New York Declaration and Global Migration Compact), which facilitate human smuggling.

5. Interpol’s Take On Human Smuggling

For centuries, people have left their homes in search of better lives. In the last decade, the process of globalization has caused an unprecedented amount of migration from the least developed countries of Asia, Africa, Latin America and Eastern Europe to Western Europe, Australia and North America.

With this, we have seen an increase in the activities of organized criminal networks who facilitate irregular migration. By providing fake identification documents, organizing transport, and bypassing official border controls, criminals are making huge profits.

People smuggling syndicates are run like businesses, drawn by the high profit margins and low risks. They benefit from weak legislation and a relatively low risk of detection, prosecution and arrest compared to other activities of transnational organized crime.

Smuggling networks can be extensive and complex, and can include people who carry out a number of different roles:

A report published jointly by Europol and INTERPOL in May 2016 estimates that more than 90% of the migrants coming to the European Union are facilitated, mostly by members of a criminal network.

Worth pointing out: that while Interpol cites the UN’s policies against human smuggling, it neglects to mention that the UN’s policies around “rights” for illegals go a long way towards incentivizing mass illegal immigration.

It also neglects to point out the underhanded means which host countries have these forced on their populations by politicians.

6. Media Pussyfoots Around Illegal Immigration

(From a CBC article)

“Desperate migrants are choosing ever more dangerous sea routes to Europe and using smaller and less seaworthy boats, causing a sharp increase in drowning deaths, warns the International Organization for Migration.”

“Meanwhile in Hungary, Prime Minister Viktor Orbán is ratcheting up his attacks on the European Union, calling it a “transport agency” for migrants that hands out funds and “anonymous bank cards” to “terrorists and criminals.”
.
“This is the kind of slippery slope which could again lead to a broken Europe,” Orbán declared today in an interview on Hungarian public radio.

The author of this trash deliberately and repeatedly skirted the main issue here: these hoards of “migrants” trying to get into Europe were doing so ILLEGALLY. Hence places like Hungary have every right to secure their borders.

(From one CBC interview)

“AMT: We all remember the Berlin Wall coming down. In fact it was 30 years ago this year. I’ve got a clip here that I’d like you to hear. These are two Germans talking about what it felt like to stand on top of the Berlin Wall after the crowds started streaming across the border.
.
AMT: Elisabeth Vallet, how did the fall of that iconic wall affect our ideas around the usefulness or function of walls?
.
ELISABETH VALLET: Well actually if you remember in 1989 it opened a almost a hippie era of international relations, where we believed that it was the end of borders me. Maybe even the end of state sovereignty or even the fading sovereignty of the state. We believed that peace would be dominating and that conflicts would be solved by the international community. It actually showed the good the positive aspects of globalization. And we overlooked the negative aspects of globalization. And when 9/11 arrived, it’s as if that negative aspect of globalization showed its face. And that’s when the only solution to that, governments came up with the one only solution which was building border fences, because there is no way to retain globalization, to contain globalization.”

In this garbage, the “expert” compares the Berlin Wall to border walls in general. The Berlin wall was built in the 1960s to keep Germans from fleeing, and in fact kept them prisoner. This is conflated with building walls to stop illegal immigration.

The above are just 2 examples of how media outlets (like the CBC) try to shade and distort the truth by downplaying how serious and criminal these actions actually are. They play to emotion and selectively avoid hard truths.

7. UN Openly Aids And Abets Refugee Fraud

(UN supports ongoing efforts to undermine US/Mexico border)

It involves some serious mental gymnastics to explain how the UN can both:

  1. Support mass, uncontrolled entry into other countries
  2. Oppose circumventing laws to get migrants into other countries

San Jose – The UN Migration Agency, IOM, continues to provide support and assistance to migrants who have joined the migrant caravans crossing Central America and opted to seek asylum in Mexico or return to their countries of origin.

In the Siglo XXI Migratory Station of Tapachula, managed by the National Institute for Migration (INM) of Mexico, IOM and the Mexican Secretary of Foreign Affairs (SRE) have been supplying food and basic hygiene kits to over 1,500 migrants from the caravans seeking asylum in Mexico.

“IOM maintains its position that the human rights and basic needs of all migrants must be respected, regardless of their migratory status,” says Christopher Gascon, IOM Chief of Mission in Mexico. “In coordination with UNHCR we will continue to monitor the situation of the caravan counting on field staff, the Mexican Office of Assistance for Migrants and Refugees (DAPMyR), and partner NGOs, providing information regarding alternatives for regular and safe migration, as well as options for voluntary returns.”

“The caravan phenomenon in Central America is another expression of a migration process that the region has been facing for quite some time,” explains Marcelo Pisani, IOM Regional Director for Central America, North America, and the Caribbean. “It is a mixed migration flow, driven by economic factors, family reunification, violence and the search for international protection, among others.

That’s right. The UN admits that many of these cases are not refugees.

The United Nations willingly aids and abets efforts to overwhelm the US/Mexico border. Even knowing that the bulk of the asylum claims are bogus, the UN sees nothing immoral about perpetrating a fraud. Nor is there anything immoral about the burden dumped on the American public.

What is eerie is how coordinated these “refreshment aid packages” are delivered. Almost as if the UN planned this invasion from the beginning.

8. UN Erasing Borders With New York Declaration (2016) and Global Migration Compact (2018)

The New York Declaration (2016) was covered here previously.

5. We reaffirm the purposes and principles of the Charter of the United Nations. We reaffirm also the Universal Declaration of Human Rights and recall the core international human rights treaties. We reaffirm and will fully protect the human rights of all refugees and migrants, regardless of status; all are rights holders. Our response will demonstrate full respect for international law and international human rights law and, where applicable, international refugee law and international humanitarian law.

49. We commit to strengthening global governance of migration. We therefore warmly support and welcome the agreement to bring the International Organization for Migration, an organization regarded by its Member States as the global lead agency on migration, into a closer legal and working relationship with the United Nations as a related organization. We look forward to the implementation of this agreement, which will assist and protect migrants more comprehensively, help States to address migration issues and promote better coherence between migration and related policy domains.

56. We affirm that children should not be criminalized or subject to punitive measures because of their migration status or that of their parents.

77. We intend to expand the number and range of legal pathways available for refugees to be admitted to or resettled in third countries. In addition to easing the plight of refugees, this has benefits for countries that host large refugee populations and for third countries that receive refugees.

The UN Global Migration Compact (2018) was covered here, and again here. Sorry, but I don’t believe Michelle Rempel’s half-assed “rejection” of the Compact.

OBJECTIVE 5: Enhance availability and flexibility of pathways for regular migration
21. We commit to adapt options and pathways for regular migration in a manner that facilitates labour mobility and decent work reflecting demographic and labour market realities, optimizes education opportunities, upholds the right to family life, and responds to the needs of migrants in a situation of vulnerability, with a view to expanding and diversifying availability of pathways for safe, orderly and regular migration

OBJECTIVE 11: Manage borders in an integrated, secure and coordinated manner
27. We commit to manage our national borders in a coordinated manner, promoting bilateral and regional cooperation, ensuring security for States, communities and migrants, and facilitating safe and regular cross-border movements of people while preventing irregular migration. We further commit to implement border management policies that respect national sovereignty, the rule of law, obligations under international law, human rights of all migrants, regardless of their migration status, and are non-discriminatory, gender-responsive and child-sensitive.

OBJECTIVE 13: Use immigration detention only as a measure of last resort and work towards alternatives
29. We commit to ensure that any detention in the context of international migration follows due process, is non-arbitrary, based on law, necessity, proportionality and individual assessments, is carried out by authorized officials, and for the shortest possible period of time, irrespective of whether detention occurs at the moment of entry, in transit, or proceedings of return, and regardless of the type of place where the detention occurs. We further commit to prioritize noncustodial alternatives to detention that are in line with international law, and to take a human rights-based approach to any detention of migrants, using detention as a measure of last resort only.

OBJECTIVE 15: Provide access to basic services for migrants
31. We commit to ensure that all migrants, regardless of their migration status, can exercise their human rights through safe access to basic services. We further commit to strengthen migrant inclusive service delivery systems, notwithstanding that nationals and regular migrants may be entitled to more comprehensive service provision, while ensuring that any differential treatment must be based on law, proportionate, pursue a legitimate aim, in accordance with international human rights law.

OBJECTIVE 17(c) Promote independent, objective and quality reporting of media outlets, including internetbased information, including by sensitizing and educating media professionals on migration-related issues and terminology, investing in ethical reporting standards and advertising, and stopping allocation of public funding or material support to media outlets that systematically promote intolerance, xenophobia, racism and other forms of discrimination towards migrants, in full respect for the freedom of the media

The United Nations is fully on board with erasing borders with their mass migration policies. The 2016 and 2018 agreements leave no doubt of that.

Non-Government Organizations (NGOs), or Civil Societies, are involved in bringing large numbers of people from the third world over to the first. Some do it out of guilt or conscience, while others do it for money.

Obvious question: Do these NGOs and the UN work together?

9. Many NGOs (Civil Societies) Work With UN

(NGO Branch Department of Economic and Social Affairs of UN)

(The UN “directly” collaborates with NGOs/Civil Societies)

Faced with many complex challenges in recent years, UNHCR has redoubled its efforts to strengthen its partnerships with UN organizations and NGOs, both international and national, seeking to maximise complementarity and sustainability in its work for refugees and others of concern.

Today, UNHCR works with more than 900 funded, operational and advocacy partners to ensure that the rights and needs of populations of concern are met. UNHCR continues to give high priority to its relations with partners, and strives to strengthen strategic and operational collaboration at global, regional and country levels.

The main goal of the organization’s vast network of partnerships is to ensure better outcomes for persons of concern by combining and leveraging complementary resources and working together in a transparent, respectful and mutually beneficial way. These partnerships also underpin UNHCR’s engagement in inter-agency fora and processes, where mutual understanding and strong alliances help ensure that refugees, IDPs and stateless persons are adequately prioritised.

CLICK HERE, for UN Refugee Partners.

So, how exactly would switching Canada’s reliance on refugee selection be helped here? If NGOs (Civil Societies) directly work with the UN, then is there any real difference?

The UN cites over 900 fully funded partners. Other than possibly decentralizing the process, what is the point here? Is it a policy distinction without a difference?

10. UN Hypocrisy On Human Smuggling

From the UN’s own package on smuggling people:

(Page 8) Salt and Stein suggested treating international migration as a global business that has both legitimate and illegitimate sides. The migration business is conceived as a system of institutionalized networks with complex profit and loss accounts, including a set of institutions, agents and individuals each of which stands to make a commercial gain.

The model conceives trafficking and smuggling as an intermediary part of the global migration business facilitating movement of people between origin and destination countries. The model is divided into three stages: the mobilization and recruitment of migrants; their movement en route; and their insertion and integration into labour markets and host societies in destination countries. Salt and Stein conclude their theory by citing the need to look at immigration controls in a new way, placing sharper focus on the institutions and vested interests involved rather than on the migrants themselves.

Aranowitz puts forward a similar view and claims that smuggling could not have grown to such proportions if it were not supported by powerful market forces. Furthermore, Aranowitz argues that smugglers exhibit entrepreneur-like behaviour and circumvent legal requirements through corruption, deceit and threats. They specialize either in smuggling or in trafficking services, and the profit generated varies accordingly.

Interesting. The UN absolutely does recognize the “business” element of human trafficking, and likens it to any other type of business. It is driven by high demand.

However, the elephant in the room must be pointed out. The UN itself helps to drive such demand with its “one world” policies. By arranging accords (like New York or Global Migration Compact), the UN helps create these conditions. If it becomes mandatory that a host country MUST provide basic services, regardless of legal status, then people will flock to those countries. The UN also tries to facilitate housing and other social services at the expense of taxpayers.

To add insult to injury, these accords limit the ability of host Governments to jail illegals, and attempt to shut down legitimate criticism.

11. Canada’s Aud-G Uncovers Citizenship Fraud

(Rebel Media: Auditor General Michael Ferguson reports)

Citizenship being granted to people:

  • With prior, serious criminal records
  • Who commit crimes after arriving
  • Who are using fake addresses

About the fake addresses, the video talks about 50 people using the same address (as one example) to claim residency.

The Rebel video makes a great point: If this Ministry can’t be bothered to properly follow up on obvious cases of citizenship fraud, how can Canadians expect them to properly screen and select “refugees” for entry into Canada?

From this article.

The report shows that several people and possibly dozens managed to be accepted as Canadian citizens through fraud that went undetected, or through lax controls.

The report noted cases of people with serious criminal records who were accepted as citizens. It also found that between 2008 and 2015, 50 different applicants used the same single address on their citizenship applications during overlapping time periods during which time seven of the applicants became Canadian citizens. It took seven years before the scheme was found during an investigation.

The report also noted that in some 49 similar cases where an address anomaly had been detected, citizenship officials failed to follow-up on 18 of the cases to see if the applicants actually met residency requirements.

The report indicated that citizenship officers did not consistently apply their own standards to identify and deal with suspicious immigration documents including checking travel documents against the department’s database of lost, stolen and fraudulent documents.

12. What About Canada’s “Conservative” Parties?

CLICK HERE, for Conservative Party of Canada policies.
CLICK HERE, for People’s Party on refugees.

Disclaimer: political parties lie all the time, so take this with a grain of salt.

The CPC claims it will focus on “UN selected” refugee claimants, while the PPC claims that “Civil Society Groups” should be making the selections instead. However, this omits several important facts:

  • First, neither party will address the corruption and fraud that goes on both within the UN and with Civil Societies. Finding corruption within the process is a very quick and easy thing to do.
  • Neither will acknowledge that the vast majority of these “refugees” will likely be Islamic, an ideology which is completely incompatible with Western society. There is this MINOR problem of Muslims trying to take over the world.
  • This United Nations v.s. Civil Societies is a false distinction, as many Civil Societies work with the UN.
  • Canadians don’t want, nor were ever asked if they would support hordes of refugees being shipped into Canada.
  • Trudeau and the Liberals are an easy target for criticism for lack of proper screening. However, PPC and CPC fail to indicate how they would properly screen to protect Canadians.
  • Another question they won’t address: will these “refugees” be expected to work and contribute at some point, or will they be permanent welfare cases?

However, it would be fair to point out that Stephen Harper, in 2015, suggested focusing on Christians and Yazidis refugees. This would have been a considerable improvement over importing more Islam (and hence more Islamic violence), into Canada.

13. Little Difference In NGO v.s. UN Selection

Just an opinion, but there doesn’t seem to be much of a difference between the 2 ideas.

Considering how many Civil Societies (NGOs) work with the UN, it seems an exercise in futility to try to separate them.

And given the rampant corruption, and total lack of respect for national sovereignty, BOTH seem like very bad options.

Posted on

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

1. Important Links

CLICK HERE, for the case R. v. Morris, [2018] O.J. No. 4631.
CLICK HERE, for the Canadian Criminal Code, robbery section.
CLICK HERE, for the Canadian Criminal Code, firearms section.
CLICK HERE, for a National Post article covering a case where an Ontario criminal court judge wants to expand “Gladue” to include blacks.
CLICK HERE, for a similar article.
CLICK HERE, for a University of Toronto research paper on race, crime and incarceration.

CLICK HERE, for FBI Uniform Crime Reporting, Table 21
CLICK HERE, for UK demographic crime data.

Background From Gladue
R. v. Gladue, 1997 CanLII 3015 (BC CA)
R. v. Gladue, [1999] 1 SCR 688, 1999 CanLII 679 (SCC)
R. v. Ipeelee, [2012] 1 SCR 433, 2012 SCC 13 (CanLII)

CLICK HERE, for race-based discounts in criminal court.
CLICK HERE, for child-killer Terri McClintic going to a “healing lodge”.
CLICK HERE, for incarceration rates among Aboriginals.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

Posted on

China’s Organ Harvesting Of Live People

1. Other Articles on Abortion/Infanticide

CLICK HERE, for #1: universities fighting against pro-life groups.
CLICK HERE, for #2: citing abortion stats now considered violence.
CLICK HERE, for #3: up to birth abortion now legal in VA/NY.
CLICK HERE, for #4: letting babies who survive abortion die.
CLICK HERE, for #5: UN supports abortion rights, even for kids.
CLICK HERE, for #6: fallout and some pushback on abortion.
CLICK HERE, for #7: ONCA rules docs must provide service or referral.
CLICK HERE, for #8: hypocrisy in summer jobs grant, purity tests.
CLICK HERE, for #9: partial funding lost for planned parenthood.

CLICK HERE, for trafficking, smuggling, child exploitation series.

2. Important Links


(1) https://chinatribunal.com/
(2) https://chinatribunal.com/about-etac/
(3) https://chinatribunal.com/wp-content/uploads/2019/06/Short-Form-Conclusion-China-Tribunal.pdf
(4) Short-Form-Conclusion-China-Tribunal (1)
(5) https://www.firstthings.com/blogs/firstthoughts/2011/08/vp-biden-okay-with-china-tyrannical-one-child-policy
(6) https://www.nationalreview.com/human-exceptionalism/china-stil-killing-and-harvesting-falun-gong-wesley-j-smith/
(7) https://www.lifenews.com/2019/06/20/china-is-harvesting-organs-of-political-prisoners-sometimes-while-theyre-still-alive/
(8) http://www.nbcnews.com/id/46849651/ns/world_news-asia_pacific/t/china-phase-out-prisoner-organ-donation/#.XQjdq_lKi9I
(9) https://www.nbcnews.com/news/world/china-forcefully-harvests-organs-detainees-tribunal-concludes-n1018646

3. China Tribunal’s Findings


From the December 2018 interim report:

“The Tribunal’s members are certain – unanimously, and sure beyond reasonable doubt – that in China forced organ harvesting from prisoners of conscience has been practiced for a substantial period of time involving a very substantial number of victims.”

That was part of the interim report. But now the final report goes on even further:

The Tribunal has considered evidence, in its many forms, and dealt with individual issues according to the evidence relating to each issue and nothing else and thereby reached a series of conclusions that are free of any influence caused by the PRC’s reputation or other potential causes of prejudice.
These were as follows;
• That there were extraordinarily short waiting times (promised by PRC doctors and hospitals) for organs to be available for transplantation;
• That there was torture of Falun Gong and Uyghurs;
• That there was accumulated numerical evidence (excluding spurious PRC data) which indicated:
o the number of transplant operations performed, and
o the impossibility of there being anything like sufficient ‘eligible donors’ under the recently formed PRC voluntary donor scheme for that number of transplant operations;
• That there was a massive infrastructure development of facilities and medical personnel for organ transplant operations, often started before any voluntary donor system was even planned; That there was direct and indirect evidence of forced organ harvesting.

And this led to the conclusion that:

forced organ harvesting has been committed for years throughout China on a significant scale and that Falun Gong practitioners have been one – and probably the main – source of organ supply. The concerted persecution and medical testing of the Uyghurs is more recent and it may be that evidence of forced organ harvesting of this group may emerge in due course. The Tribunal has had no evidence that the significant infrastructure associated with China’s transplantation industry has been dismantled and absent a satisfactory explanation as to the source of readily available organs concludes that forced organ harvesting continues till today.

However, on the topic of “genocide” China Tribunal pussyfoots around the issue and says they cannot conclude there is intent for genocide. This despite stating that the actions met the other elements.

The Tribunal considered whether this constituted a crime of Genocide; The Falun Gong and the Uyghurs in the PRC each qualify as a ‘group’ for purposes of the crime of Genocide. For the Falun Gong, the following elements of the crime of Genocide are clearly established:
• Killing members of the group;
• Causing serious bodily or mental harm to members of the group.
Thus, bar one element of the crime, Genocide is, on the basis of legal advice received, clearly proved to the satisfaction of the Tribunal. The remaining element required to prove the crime is the very specific intent for Genocide. Accepting legal advice about proving this intent, the Tribunal cannot be certain that the requisite intent is proved and thus cannot be certain that Genocide itself is proved.

That’s right. Due to legal advice, China Tribunal cannot actually conclude there is intent to commit genocide, despite the prolonged actions that would justify the claims.

China Tribunal then “appears” to condemn what happens to Falun Gong and the Uyghurs, but waters down the language to “criminality”, despite the included detail. The tribunal claims the “elements have been met for crimes against humanity”.

Commission of Crimes Against Humanity against the Falun Gong and Uyghurs has been proved beyond reasonable doubt by proof of one or more of the following, legally required component acts:
• murder;
• extermination;
• imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
• torture;
• rape or any other form of sexual violence of comparable gravity;
• persecution on racial, national, ethnic, cultural or religious grounds that are universally recognised as impermissible under international law ;
• enforced disappearance
in the course of a widespread and systematic attack or attacks against the Falun Gong and Uyghurs.

This seems to be splitting hairs. It meets the criteria for crimes against humanity. Yet China Tribunal, on advice from their lawyers, refuse to state there is intent to qualify as “genocide”.

The report ends with a very interesting comment about the power of media and citizen journalists.

Governments and international bodies must do their duty not only in regard to the possible charge of Genocide but also in regard to Crimes against Humanity, which the Tribunal does not allow to be any less heinous. Assuming they do not do their duty, the usually powerless citizen is, in the internet age, more powerful than s/he may recognise. Criminality of this order may allow individuals from around the world to act jointly in pressurising governments so that those governments and other international bodies are unable not to act.

The China Tribunal has no power to actually do anything. However, it seems to believe that by spreading word online it can put pressure on governments to act.

4. Firstthings.com Article


Firstthings.com quotes former VP Joe Biden, on his take on China’s one-child policy.

But as I was talking to some of your leaders, you share a similar concern here in China. You have no safety net. Your policy has been one which I fully understand — I’m not second-guessing — of one child per family. The result being that you’re in a position where one wage earner will be taking care of four retired people. Not sustainable. So hopefully we can act in a way on a problem that’s much less severe than yours, and maybe we can learn together from how we can do that.

In order to maintain the 1-child policy, China has had to result to extreme and inhuman measures:

  • forced abortion
  • sex-selective abortions against girls
  • sterilizations
  • eugenics

Biden seemed critical that the declining birth rate would be able to sustain the retired population. However he seemed to have no concern over the mass aborting and sterilizations that went on.

5. NBC Coverage Of Issue


American news outlet NBC reported here, and also reported that:

In 2014, state media reported that China would phase out the practice of taking organs from executed prisoners and said it would rely instead on a national organ donation system.

The Chinese Ministry of Foreign Affairs on Tuesday was not immediately available to comment on the tribunal’s findings.

In a statement released alongside the final judgment, the tribunal said many of those affected were practitioners of Falun Gong, a spiritual discipline that China banned in the 1990s and has called an “evil cult.” The tribunal added that it was possible that Uighur Muslims — an ethnic minority who are currently being detained in vast numbers in western China — were also being targeted.

China had been promising for years to end this practice, but it doesn’t seem to have happened.

6. Lifesite Take On The Situation

Still, there has been too much reporting for too long about this profound human-rights abuse to ethically continue to look the other way. The question thus becomes: Will the U.S. specifically outlaw traveling to China for the purpose of buying an organ — just as we do participating in pedophilia tourism overseas? (Spain, Israel, Italy, and Taiwan have passed such laws already.) I can’t think of one argument against pursuing such a course.

If we don’t at least do what we can, it seems to me that we make ourselves complicit in allowing the demand for black-market organs forcibly harvested from murdered prisoners to continue unimpeded — and the blood of the slaughtered victims will also be on us.

(Lifesite article here) This echoes what China Tribunal has been saying: that political pressure is needed to put a stop to this practice.

7. My Take On This Story


If the allegations are true, and they seem to be, then this is abhorrent.

At some level this is no different that what abortion industries like Planned Parenthood do: snuff out lives in order to obtain a commodity, their organs. If we subscribe to the idea that life is valuable, then this is little — though more heinous — than a common murder and robbery.

While donation of organs (for after death), should be encouraged, this is an entirely different matter. This is premeditated mass murder in order to steal those parts. The practice is barbaric.

Consider the flack Canada has taken over the Government’s genocide claims over Indigenous women and girls. Most of the deaths and disappearances (at least where it is known) were at the hands of Indigenous men they knew. That is apparently a “genocide”. Yet what is going on in China is not really worth the attention apparently.

But good luck getting Prime Minister Justin Trudeau to openly condemn the practice.

Posted on

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)

1. Other Articles on Abortion/Infanticide

CLICK HERE, for #1: universities fighting against pro-life groups.
CLICK HERE, for #2: citing abortion stats now considered violence.
CLICK HERE, for #3: up to birth abortion now legal in VA/NY.
CLICK HERE, for #4: letting babies who survive abortion die.
CLICK HERE, for #5: UN supports abortion rights, even for kids.
CLICK HERE, for #6: fallout and some pushback on abortion.
CLICK HERE, for #7: ONCA rules docs must provide service or referral.
CLICK HERE, for #8: hypocrisy in summer jobs grant, purity tests.

CLICK HERE, for trafficking, smuggling, child exploitation series.

2. Important Links


CLICK HERE, for the 9th Circuit ruling.

CLICK HERE, for an article on Planned Parenthood. PP would stand to lose $50-$60 million a year from defunding.

CLICK HERE, for PP suing Idaho over new reporting requirements.
CLICK HERE, for Idaho’s House Bill 638.

CLICK HERE, for a Politico article which covers ongoing cases
CLICK HERE, for Planned Parenthood & Ohio.
CLICK HERE, for Planned Parenthood challenging a ban on aborting fetuses with Down’s Syndrome.
CLICK HERE, for Kentucky banning abortions based on race, sex or disability, which Planned Parenthood and ACLU plan to challenge.
CLICK HERE, for Ohio Senate Bill 23 “Heartbeat Bill”. (Hearts beat 45 days into pregnancy).
CLICK HERE, for Ohio Senate Bill 27, Medical Tissue Disposal Bill.
CLICK HERE, for Planned Parenthood challenging Indiana law requiring the remains of aborted babies to be either cremated or buried.
CLICK HERE, for an article on selling aborted baby parts.
CLICK HERE, for David Daleiden fined $195,000.
CLICK HERE, for Daleiden charged for illegal recordings.

3. 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. PP 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?

5. PP 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.

6. Real Reason PP 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.

Posted on

Hypocrisy In Canada Summer Jobs Grants Between Religious Groups

1. Other Articles on Abortion/Infanticide

(1) https://canucklaw.ca/canadian-universities-fighting-against-free-speech-and-free-association-in-court/
(2) https://canucklaw.ca/the-new-lindsay-shepherd-statistics-are-now-violence-infanticide-2/
(3) https://canucklaw.ca/infanticide-part-3-ny-virginia-to-legalise-up-to-birth-abortion/
(4) https://canucklaw.ca/infanticide-part-4-leave-no-survivors/
(5) https://canucklaw.ca/infanticide-5-un-endorses-abortion-as-human-right-even-for-kids/
(6) https://canucklaw.ca/infanticide-6-fallout-and-some-pushback/
(7) https://canucklaw.ca/infanticide-7-ontario-coa-rules-doctors-must-provide-abortions-euthanasia-or-provide-referal/

2. Important Links

(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/

3. 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.

4. 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.

5. 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.

6. 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?

7. 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.

8. 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.

9. Final Thoughts

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

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

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

Posted on

Abolish Gladue, Fix Underlying Problems

1. Previous Solutions Offered

A response that frequently comes up is for people to ask what to do about it. Instead of just constantly pointing out what is wrong, some constructive suggestions should be offered. This section contains a list of proposals that, if implemented, would benefit society. While the details may be difficult to implement, at least they are a starting point.

2. Important Links

CLICK HERE, for race- based discounts in sentencing.
CLICK HERE, for Terri McClintic, child killer, in a healing lodge.
CLICK HERE, for 2016/2017 StatsCan data on incarceration rates.
CLICK HERE, for Table 5, incarceration by race and gender.
CLICK HERE, for Table 6.
CLICK HERE, for archived findings form Correctional Service of Canada form 1999.
CLICK HERE, for a Larry Elder video on single parent households.
CLICK HERE, for a documentary on drug use on reserves.
CLICK HERE, for a video on lack of drinking water on reserves.

CLICK HERE, for Gladue, 1997.
CLICK HERE, for Gladue, 1999.
CLICK HERE, for Ipeelee, 2012.
CLICK HERE, for R.v. Proulx (conditional sentencing guidelines).

3. Disproportionate Incarceration Rates

This is a proposal to scrap so-called “Gladue Rights” which specifically are designed to give Aboriginal offenders special consideration when it comes to sentencing in the criminal justice system.

Please don’t interpret this as an indication not to give anyone a break if the circumstances permit. Rather, rights and options should be available to everyone. They should not be given to one specific group, or denied to one specific group.

Disclaimer: I am not a criminologist, or a sociologist. Just a researcher.

Now, how great are the discrepancies?

From the StatsCan 2016/2017 findings:

The Criminal Code mandates that all sanctions other than imprisonment are to be considered with particular attention to the circumstances of Aboriginal offenders. In 2016/2017, Aboriginal adults accounted for 28% of admissions to provincial/territorial correctional services and 27% for federal correctional services, while representing 4.1% of the Canadian adult population (Table 5). In comparison to 2006/2007, the proportion of admissions of Aboriginal peoples to correctional services was 21% for provincial and territorial correctional services and 19% for federal correctional services.

Aboriginal adults accounted for 30% of admissions to custody and 25% of admissions to community supervision among the provinces and territories in 2016/2017. Aboriginal adults accounted for 27% of admissions to custody and 26% of admissions to community supervision in federal correctional services (Table 5).

The proportion of Aboriginal admissions to adult custody has been trending upwards for over 10 years. It has increased steadily from 2006/2007 when it was 21% for provincial and territorial correctional services and 20% for federal correctional services.

Among the provinces, Aboriginal adults made up the greatest proportion of admissions to custody in Manitoba (74%) and Saskatchewan (76%). These two provinces also have the highest proportion of Aboriginal adults among their provincial populations at 15% for Manitoba, and 14% for Saskatchewan.

Aboriginal males accounted for 28% of admissions to custody in the province and territories, whereas non-Aboriginal males accounted for 72%, in 2016/2017. Aboriginal females made up a greater proportion of custody admissions than their male counterparts, accounting for 43% of admissions, while non-Aboriginal females accounted for 57% (Table 6).

Here is the data in a more visual form.

Category Abor. Total Pop’n Abor. Group Pop’n Non-Abor. Total Pop’n Non-Abor. Group Pop’n Ratio
Incar 4.1% 28% 95.9% 72% 9.1:1

Note: Here is how to calculate the rates. Assume there is a population of 100,000 people, and 1,000 of them are locked up and then break in down as percentages of the population.

category totals Non-Abor Abor
People 100,000 95,900 4,100
Locked Up 1,000 720 280
Rates Percentage 0.0075 0.068

Now that we can make an apples-to-apples comparison, 0.068/0.0075 =~9.1
So on a per-capita basis, Aboriginals are about 9 times as likely as non-Aboriginals to be locked up

Next, covering Aboriginal women and incarceration rate. For this. Assume that the overall percentages are about same: 95.9% non-Aboriginal, and 4.1% Aboriginal. Here instead of making up 28% overall in Provincial jails, it is 57%, approximately double.

Category Abor. Total Pop’n Abor. Group Pop’n Non-Abor. Total Pop’n Non-Abor. Group Pop’n Ratio
Incar 4.1% 57% 95.9% 43% 30.88:1

And once more we need to convert to rates of respective populations.

category totals Non-Abor Abor
People 100,000 95,900 4,100
Locked Up 1,000 430 570
Rates Percentage 0.0045 0.1390

When women inmates are looked at specifically, the ratio goes to 0.1390/0.0045 ~= 30.88

That’s right, looking at women, there are (per capita) 30 times as many Aboriginal women locked up as non-Aboriginal women.

4. Evidence Of Discrimination Or Bias?

By itself, no. Having groups with different rates of something is not evidence that there has been discrimination. Either these differences are caused by something that justifies it (such as higher crime rate), or there may be some external factor. Let’s start with the Criminal Code.

718.2(e) all available sanctions other than imprisonment that are reasonable in the circumstances should be considered for all offenders, with particular attention to the circumstances of aboriginal offenders.

It is written right into the Canadian Criminal Code, to give offenders (where reasonable), an alternative to custody, with special consideration to Aboriginals. And this is codified in 3 cases.
R. v. Gladue, 1997 CanLII 3015 (BC CA)
R. v. Gladue, [1999] 1 SCR 688, 1999 CanLII 679 (SCC)
R. v. Ipeelee, [2012] 1 SCR 433, 2012 SCC 13 (CanLII)

Looking at the Criminal Code, and recent decisions, there doesn’t seem to be any legalized discrimination. So let’s look elsewhere.

5. R. v. Proulx (Conditional Sentencing Guidelines)

12 Since it came into force on September 3, 1996, the conditional sentence has generated considerable debate. With the advent of s. 742.1, Parliament has clearly mandated that certain offenders who used to go to prison should now serve their sentences in the community. Section 742.1 makes a conditional sentence available to a subclass of non-dangerous offenders who, prior to the introduction of this new regime, would have been sentenced to a term of incarceration of less than two years for offences with no minimum term of imprisonment.

13 In my view, to address meaningfully the complex interpretive issues raised by this appeal, it is important to situate this new sentencing tool in the broader context of the comprehensive sentencing reforms enacted by Parliament in Bill C-41. I will also consider the nature of the conditional sentence, contrasting it with probationary measures and incarceration. Next, I will address particular interpretive issues posed by s. 742.1. I will first discuss the statutory prerequisites to the imposition of a conditional sentence. Thereafter, I will consider how courts should determine whether a conditional sentence is appropriate, assuming the prerequisites are satisfied. I conclude with some general comments on the deference to which trial judges are entitled in matters of sentencing and dispose of the case at hand in conformity with the principles outlined in these reasons.

16 Bill C-41 is in large part a response to the problem of overincarceration in Canada. It was noted in Gladue, at para. 52, that Canada’s incarceration rate of approximately 130 inmates per 100,000 population places it second or third highest among industrialized democracies. In their reasons, Cory and Iacobucci JJ. reviewed numerous studies that uniformly concluded that incarceration is costly, frequently unduly harsh and “ineffective, not only in relation to its purported rehabilitative goals, but also in relation to its broader public goals” (para. 54). See also Report of the Canadian Committee on Corrections, Toward Unity: Criminal Justice and Corrections (1969); Canadian Sentencing Commission, Sentencing Reform: A Canadian Approach (1987), at pp. xxiii‑xxiv; Standing Committee on Justice and Solicitor General, Taking Responsibility (1988), at p. 75. Prison has been characterized by some as a finishing school for criminals and as ill-preparing them for reintegration into society: see generally Canadian Committee on Corrections, supra, at p. 314; Correctional Service of Canada, A Summary of Analysis of Some Major Inquiries on Corrections – 1938 to 1977 (1982), at p. iv. In Gladue, at para. 57, Cory and Iacobucci JJ. held:

Without rehashing the entire ruling, Proulx, which was based on Bill C-41, set the benchmark for giving out “conditional sentences”, aka “house arrest”. The ruling noted the destructive long term effect prison can have.

While conditional sentencing is completely inappropriate for certain offences, it can have its benefits.

In areas with high crime rates, poverty, or high drug use, a person has to reasonably ask what will be the best solution overall. Does the community benefit from locking up large amounts of its people?

One caveat, breaks in sentencing, and alternatives to prison should be equally available to all Canadians. One group shouldn’t receive a greater aid, or detriment.

See the next section for the CSC report on Aboriginal circumstances.

6. Information Worth Looking At

This comes from the 1998 Corrections Service of Canada Paper (linked above). It also has an impressive bibliography, worth at least a peek.

1.3 Aboriginal Population
Approximately, one-third of all Aboriginal children under the age of 15 in Census families lived in a lone-parent family, twice the rate within the general population. The rate was even higher in urban areas. About 46% of Aboriginal children under 15 in Census families who lived in a census metropolitan area were in a lone-parent family. One-quarter of the Aboriginal population reported that they had an Aboriginal language as mother tongue. Cree was the largest Aboriginal mother tongue. The number of people who could speak an Aboriginal language was about 10% higher than the number who reported an Aboriginal mother tongue, indicating that a significant number of persons learned such a language later in life. (Department of Indian and Northern Affairs Canada, 1998).

This mentions a very interesting issue. Conservative commentator Larry Elder frequently talks about this. Single parent households (mostly missing fathers), is a very good indicator of crime and education. And it cuts across race.

1.4 Demographic and Socio-Economic Data
Increasing evidence points to a strong correlation between socio-economic disadvantage and involvement with the criminal justice system. A large proportion of the Aboriginal population in Canada suffers socio-economic disadvantage in comparison to non-Aboriginal Canadians. The social and economic conditions outlined in the section below illustrates a correlation between these factors and Aboriginal involvement with the criminal justice system. Poverty, inadequate educational opportunities, unemployment, poor living conditions, alcohol abuse and domestic violence all contribute to Aboriginal people coming into conflict with the law. The challenges to which the criminal justice system must respond are rooted in addressing these disadvantaged conditions.

These problems are prevalent, in particularly on remote reserves. To be fair, it isn’t restricted to reserves. It is heartbreaking to hear the problems and 3rd world conditions.

1.8 Suicide
Suicide is approximately three times more common among Aboriginal people than non-Aboriginal people. It is also five to six times more prevalent among Aboriginal youth than non-Aboriginal youth. In First Nations communities, suicide is more prevalent among the young and usually results from feelings of hopelessness and despair.

Wow. Just wow.

2.4 Urban vs. Rural Aboriginal Offenders
A recent study (Johnston, 1997) of Aboriginal inmates incarcerated in Canadian federal penitentiaries found that one-quarter (24%) of the group had originally came from reserve or remote areas; 44% originally came from rural areas, and 30% from urban areas. The interviewers did not ask about where the offenders had been living at the time of the offence. In addition, the study also found that a majority of the group had left their home community after their youth. Eighteen percent had lived in their home community all their life apart from periods spent incarcerated. Furthermore, the study found that 66% of the Aboriginal inmates incarcerated in federal penitentiaries were considered high-need. Forty-seven per cent were rated as both high-need and high-risk. A majority were rated by case management officers and other penitentiary staff who knew them, as having needs in the following areas:
-substance abuse needs (88%),
-personal/emotional needs (82%),
-employment needs (63%), and
-education needs (54%).

A large proportion were also rated as having needs in relation to:
-pro-criminal attitudes (49%),
-marital and family issues (42%),
-community functioning (36%),
-criminal associates (33%), and
-sexual offending (31%).

This is shocking. Almost 9 in 10 with substance abuse, 4 in 5 with personal needs, 2/3 with employment needs, and half lacking in education.

Canada is supposed to be a 1st world country, but standard of living for those away from any urban area are falling far short of what should be acceptable.

7. So Why Abolish Gladue?

Quite simply, it is a band-aid solution that ignores the real problems. “Rigging” the rules to let Aboriginal offenders off easier (or let them out earlier) turns a blind eye to the problems cited in the previous section. Lack of drinking water being one in the news lately.

Are Aboriginals disproportionately represented in criminal courts and jails? Yes, absolutely. The data and evidence for that is overwhelming.

But it is also plain and obvious that there are many problems with the more remote areas that should not be happening. Setting up different sentencing guidelines does nothing to address any of that.

It could easily be argued that problems with poverty, remote living, drugs, alcohol and domestic violence contribute to crime. These are the causes and crime is the effect. But Gladue gets it entirely backwards. It impacts the EFFECT, hoping to impact the CAUSES.

Hopefully this doesn’t come off as heartless. However, I view the “Gladue Rights” idea as completely missing the point, and ignoring genuine concerns.

8. Actually, There Is Discrimination

Instead of our Prime Minister blowing our money on virtue signalling foreign adventures, perhaps fixing the problems within our borders is a better approach.

  • Safe drinking water
  • Education/Work opportunities
  • Access to social services
  • Seriously evaluate if reserve system is sustainable

We certainly have money to blow on every UN adventure.

While the criminal justice system itself isn’t set up to discriminate, our government does. Entire sections of Canada’s population is left to die while we show the outside world how generous we are.

Gladue is the quick-fix that covers up the real problem.