World Border Congress Meets In Morrocco, March 19-21


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PETITION E-1906 (UN Global Migration Compact): CLICK HERE
PETITION E-2012 (UN Global Parliament) CLICK HERE

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Fed Court cases are addressed on right under “Canadian Media”.


Check toolbar on right for globalism links (under counter). Also view the MASTERLIST.

PETITION E-1906 (UN Global Migration Compact): CLICK HERE
PETITION E-2012 (UN Global Parliament) CLICK HERE

All personal court appearances are under “BLOG

(1) Challenge to UN Global Migration Compact dismissed in Calgary, however Court rules that it is not intended to be a legally binding contract.

(2) Challenge launched to close loophole in Canada/US Safe 3rd Country Agreement.

(3) Calgary Court rules that constitutional challenge on proposed UN Parliamentary Assembly can proceed, subject to challenge expected by Federal Gov’t.


CLICK HERE, for a link to their main page.
SPONSORS
CLICK HERE, for biometricupdate.com.
CLICK HERE, for findbiometrics.com.
CLICK HERE, for RapiScan.
CLICK HERE, for AS&E.
CLICK HERE, for Gemalto.
CLICK HERE, for Cellebrite.
CLICK HERE, for SITA.

CLICK HERE, for the UN’s response to repatriating terrorists.
CLICK HERE, for Border Security Report.

As a bit of a side note: Morocco is also where the UN Global Migration Compact was signed on December 10, 2018.

Also, I cannot be the only one who thinks such an organization is creepy as hell. Why is there a “global border management”? What happened to countries making their own decisions?

Who Are These People?
“The annual gathering of the international border management and protection community will take place in Casablanca, Morocco on 19th-21st March 2019.

Co-hosted by the Ministry of Interior and General Secretariat for Migration and Border Surveillance of Morocco (Directeur de la Migration at de la Surveillance des Frontieres), the World Border Security Congress is delighted to be welcomed back to the North African country and economic hub of the region.

The 2019 World Border Security Congress will see the largest international gathering of border security and management policymakers and practitioners from more than 50 countries gather for the 3 day meeting for some great discussions, meetings, workshops and networking with colleagues and peers from the global border security community.”

Okay, this seems to be a globalist love-fest.

From Their Main Page

Current Border Security Challenges:
– Migration Crisis Tests European Consensus and Governance (1)
– Migrants and refugees streaming into Europe from Africa, the Middle East, and South Asia (2)
– Big Business of Smuggling Enables Mass Movement of People for Enormous Profits (3)
– Climate Change and Natural Disasters Displace Millions, Affect Migration Flows (4)
– Europe and the United States Confront Significant Flows of Unaccompanied Child Migrants (5)
– Tackling Southeast Asia’s Migration Challenge (6)
– ISIS threatens to send 500,000 migrants to Europe (7)
– Border Skirmishes Resonate in National Domestic Politics (8)
– Women’s Labour Migration from Asia and the Pacific (9)

As we see the continued escalation of the global migration crisis, with mass movements of people fleeing the war zones of the Middle East as well as illegal economic immigration from Africa and elsewhere, international terrorism(10) shows every sign of increasing, posing real threats to the free movement of people.

The world is expected to see a continuation of the migration challenges for the border management and security community, as little sign of peace and security in the Middle East is apparent and porous borders in Africa continue to provide challenges.

International organised criminal gangs and human and drug trafficking groups exploit opportunities and increasingly use the internet and technology to enhance their activities.

Controlling and managing international borders in the 21st Century continues to challenge the border control and immigration agencies around the world. It is generally agreed that in a globalised world borders should be as open as possible, but threats continue to remain in ever evolving circumstances and situations.

Advancements in technology are assisting in the battle to maintain safe and secure international travel. The border security professional still remains the front line against these threats.

This reads like it was brought to you by the same people who pushed the UN Global Migration Compact. But let’s go through this list a bit. Starting with your points list:

1/ Testing European consensus and governance? There “is” no European consensus, unless one argues that Europeans are unhappy with what their governments have brought them

2/ Yes migrants ARE streaming into Europe from Africa, the Middle East and Asia. But you promote open borders, which makes this problem all that much worse.

3/ True, smuggling people IS big business. However, you fail to mention that mass migration, and promoting mass migration is also big business, and it has much the same effect (legal or not).

4/ Climate change: everyone’s favourite boogeyman. Mass migration has nothing to do with welfare and handouts that economic migrants can get by moving to the West and pretending to be refugees.

5/ Regarding all of these “unaccompanied child migrants”, it would be interesting to know just how many of them are actually children. This seems to be a widespread scam.

6/ Yes, Southeast Asia has a migrant crisis as well. However, mass migration to the west is not the solution. All it will do is drain Western nations and cause their collapse.

7/ ISIS threaten to sends 100,000 fighters to Europe, but globalist organizations like the UN say that we must be compassionate. They also don’t want countries rejecting “citizens” who fight for ISIS.

8/ If there are border skirmishes going on, all the more reason to shut down borders and heavily restrict, if not outright ban people from certain countries.

9/ Of course, it wouldn’t be complete without the feminist card.

10/ Strengthen borders to stop this from coming here.

11/ Technological advancements? Now that sounds interesting. Seems these people don’t actually want to PREVENT bad things from happening, rather they wish to PROFIT from it happening. In fact, 2 major sponsors: FIND BIOMETRICS, and BIOMETRIC UPDATE, could see a huge surge in business caused by mass migration.

Here is a quote from the report:

“Governments around the world need to continue to invest in their border security, as a wide range of threats, such as combating terrorism, controlling the movement of goods and monitoring personnel across international borders, continue to pose challenges requiring round the clock monitoring.”

What a coincidence: the sponsors of this conference are selling just the tools that governments will need to secure their borders.

This conference is sponsored by companies that sell:
A/ Biometric services
B/ Security screening devices
C/ Digital and mobile technology

Is it much of a surprise that mass migration would be PROMOTED by a group and its sponsors who will end up PROFITTING from it? Not really.

World Border Congress Has Sympathy For ISIS Fighters

From THIS REPORT:
“Despite the fact that it is illegal to make an individual stateless, there is strong public opinion in most countries that supports the idea of leaving them to fend for themselves, and it easy to understand why. Whatever prison sentences they receive and deradicalisation they undergo, they will have to be regarded as a potential threat for the remainder of their lives.

And of course, it is certain that at least some of them will go on to attempt to commit an atrocity sometime in the future.

So, for most people, stopping their return seems like plain common sense. But would it be the wisest choice? If you leave them stateless, what will happen to them and where will they go?

It is fairly certain that the Kurds won’t want to be responsible for them for any prolonged period. And the Turkish authorities certainly won’t want to inherit the problem. The most likely outcome is that they will gradually be quietly released or abscond and use underground trafficking routes, new documents and new identities to either return to Europe or go elsewhere to carry on the fight.”

This group glosses over legitimate security risks posed by mass migration. However, the risks that “do” exist can be managed by purchasing services from the conference’s many sponsors.

This is disturbing. Want to know what is actually worse?

UN’s Response To “Foreign Fighters”
Again, the report is available here.

3. The movement of people for the purposes of joining and supporting terrorist groups as well as their return to their countries of origin poses serious challenges to States in their efforts to prevent acts of terrorism. It is crucial that States adopt comprehensive long-term responses that deal with this threat and manage the return of fighters, and that in doing so they comply with their obligations under international human rights law. States have an obligation to protect the lives of individuals subject to their jurisdiction, and this includes the adoption of effective measures to counter the threat posed by foreign fighters.

  1. In a limited set of circumstances, States may also take measures to temporarily derogate from certain international human rights law provisions. As noted by the Human Rights Committee, measures derogating from the provisions of the International Covenant on Civil and Political Rights must be of an exceptional and temporary nature. Two fundamental conditions must be met: the situation must amount to a public emergency which threatens the life of the nation; and the State party must have officially proclaimed a state of emergency. The obligation to limit any derogations to those strictly required by the exigencies of the situation reflects the principle of proportionality which is common to derogation and limitation powers.

  2. International humanitarian law is also known as the law of war or the law of armed conflict and is applicable to both situations of international or non-international armed conflicts. These rules are enshrined in the four Geneva Conventions and their Additional Protocols, as well as in customary rules of international humanitarian law. International humanitarian law is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons, civilians, who are not or are no longer participating in the hostilities as well as fighters hors de combat and restricts the means and methods of warfare.

  3. States have used different measures, whether legislative, administrative or operational, to prevent the departure of foreign fighters to conflict areas as well as to prevent their return. These could include travel bans, the seizure, retention, withdrawal and non-renewal of passports or identity cards, the stripping of citizenship, restrictions on travel or entry to territory and various types of house arrests or preventive detention. All of these measures have a serious impact on a number of fundamental human rights, including the rights to personal liberty and freedom of movement. They also raise a number of serious due process concerns if, for example, decisions are taken following secretive proceedings, in absentia or on the basis of vaguely defined criteria without adequate safeguards to prevent statelessness.

The World Borders Congress states that it believes that fighters who go abroad have rights. It implies that the safety of the host populations must be “balances” against the rights of terrorists themselves. From the above passages, the UN is clearly on board with this proposal.

The UN is totally fine with mass migration and returning terrorists for IDEOLOGICAL reasons.

Sponsors of World Borders Congress is fine with mass migration and returning terrorists for FINANCIAL reasons.

A partnership made in hell.

Calgary 3.0: Challenge To Proposed UN Parliament

(Canada’s Federal Courts Website)

(Topic Previously Covered by Canuck Law)


Check toolbar on right for globalism links (under counter).

PETITION E-1906 (UN Global Migration Compact): CLICK HERE
PETITION E-2012 (UN Global Parliament) CLICK HERE

All personal court appearances are under “BLOG

(1) Challenge to UN Global Migration Compact dismissed in Calgary, however Court rules that it is not intended to be a legally binding contract.

(2) Challenge launched to close loophole in Canada/US Safe 3rd Country Agreement


CLICK HERE, for a very interesting page on free speech in Canada (links included).

Here is a portion of what is going to the Federal Court of Canada:

REMEDY SOUGHT
(a) To issue a permanent, binding injunction against the Federal Government ever participating in such a United Nations Parliament or other ”World Government” scheme on the grounds it violates the laws cited above

(b) To find that any such actions in furtherance of this scheme are unconstitutional.

Alternatively an order that:
(c) To rule that any such measure would require the following forms of consent:
I/ Vote from the Federal House of Commons
II/ Vote from the Senate
III/ Signature of the Prime Minister
IV/ Royal Assent from the Governor General
V/ A nationwide referendum on this issue with 75% majority
VI/ 7 of 10 Provinces (with 50%+ population) affirming

Note, should that alternative be ordered, it is asked that the court also rule for (c), that any Province or Municipality that wishes to opt out may do so.

Written submissions For challenge to UN Parliament

Part I: Jurisdiction
Part II: Issues
Part III: Facts
Part IV: Law
Part V: Authorities
Part VI: Order Sought
Part I: Jurisdiction

Part I: Jurisdiction

  1. Under Section 18 of the Federal Courts Act, and Section 300/301 of Federal Court Rules, the Federal Court of Canada has jurisdiction to hear such an application.

  2. Federal Court also has jurisdiction to issue an injunction under Rule 18(1)(a) and 18(3) of Federal Courts Act ”
    18 (1) Subject to section 28, the Federal Court has exclusive original jurisdiction (a) to issue an injunction, writ of certiorari, writ of prohibition, writ of mandamus or writ of quo warranto, or grant declaratory relief, against any federal board, commission or other tribunal;

  3. Remedies to be obtained on application
    (3) The remedies provided for in subsections (1) and (2) may be obtained only on an application for judicial review made under section 18.1.

  4. Rule 303(2) in Federal Court Rules states that in an application for judicial review (which an extension of time is sought here), where no person can be named, the Attorney General of Canada shall be named as a Respondent. Since there is no ”single person” who is responsible for this mess, the Attorney General of Canada shall be named as a Defendant

Part II: Issues

  1. Seven questions to consider

  2. First: Does the proposed UN Parliamentary Assembly (World Government), violate the 1867-1982 Constitution Act, which requires the Government of Canada to provide, “Peace, Order and Good Government” and makes no provision for abdication of that duty to supra-national bodies?

  3. Second: Does the proposed UN Parliamentary Assembly (World Government) violate the 1982 Constitution Act, which states that it is the supreme law of Canada, and that any laws that any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.”

  4. Third: Considering that this would add a new layer of Government to Canada, would this violate Sections 91 and 92 of the Consitution, which separate Federal and Provincial Jurisdictions?

  5. Fourth: Does the proposed UN Parliamentary Assembly (World Government), require a constitutional amendment (Part V, Section 38 of the Constitution) that would require consent of:
    (a) The House of Commons
    (b) The Senate
    (c) 7 of 10 Provinces, consisting of 50%+ of the population

  6. Fifth: Does the proposed UN Parliamentary Assembly (World Government) violate Section 3 of the Canadian Charter of Rights and Freedoms, which ensure all Canadians the right to participate in their democracy?

  7. Sixth: Given some of the initiatives the UN proposes, such as internet regulation and free speech restrictions, would these violate Canadians’ fundamental freedoms, enshrined in Section 2 of the Canadian Charter of Rights and Freedoms, and explicitly affirmed in Section 32?

  8. Seventh: Would the proposed UN Parliamentary Assembly (World Government), violate Part II, Section 35 of the Constitution of Canada, which enshrines Aboriginal Rights?

Part III: Facts

  1. The United Nations (UN) is a globalist body which more and more is taking rights and sovereignty away from individual nation states

  2. Since 2007, there has been an initiative by high ranking politicians and former politicians of ”UN Countries” to form a United Nations Parliamentary Assembly (UNPA). Dozens of current Canadian MPs, including Liberal, NDP, PM Justin Trudeau, and Green Party Leader Elizabeth May have all endorsed such a World Gov’t (Exhibit B)

  3. As shown by screenshots (Exhibit A) from the website, the goal is explicitly to form LEGALLY BINDING decisions. This would in effect reduce nations to mere ”States” or ”Provinces” of the UN.

  4. Other initiatives by the UN include
    A/ Internet governance (digital cooperation)
    B/ Global ban on blasphemy (criticism of Islam)
    C/ Gender language agenda
    D/ Global MIgration Compact (258M economic migrants)
    E/ Paris Accord (carbon taxes)
    F/ UN Global Citizenship Education
    G/ Encouraging repatriation of Islamic terrorists
    H/ Right to abortion (even for children)
    I/ Agenda 21 (June 1992)
    J/ Agenda 2030 (September 2015)
    K/ Urban Development Agenda

  5. This is only a partial list. But if this proposed UN Parliamentary Assembly (World Government) were ever to take place, all of these ”non-legally binding” initiatives will become ”legally-binding”.

  6. Canadians have never been asked to vote on such a matter, either at the Municipal, Provincial or Federal level. The Government of Canada (nor any Gov’t) has no legal or moral mandate to enact such a proposal.

  7. Canadians have never participated in any sort of national referendum to guage interest and approval of such an idea.

  8. Canadians have never had the sort of public debate necessary to give an informed and intelligent response to such a proposed World Government.

Part IV: Relevant Laws

  1. The proposed United Nations Parliamentary Assembly (World Government) should be rejected because it violates a number of Constitutional provisions. Here are some of them:

(a) Section 2 of Charter: Fundamental Freedoms
(b) Section 3 of Charter: Right to participate in democracy
(c) Section 32 of Charter: Applicability
(d) Part II, Section 35 of Constitution, Aboriginal rights
(e) Part V, Section 38 of Constitution, amending Constitution
(f) Part VII, Section 52 of Constitution, primacy of Constitution
(g) Part VI: Section 91 & 92 of Constitution, distribution of powers

FUNDAMENTAL FREEDOMS (S2)

  1. (a) Fundamental Freedoms
    Marginal note:
    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.

DEMOCRATIC RIGHTS (S3)

  1. Democratic Rights
    Marginal note:
    Democratic rights of citizens
  2. Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.

APPLICATION OF THE CHARTER (S32)

  1. Application of Charter
    Marginal note:
    Application of Charter
  2. (1) This Charter applies
    (a) to the Parliament and government of Canada in respect of all matters within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; and
    (b) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province.

ABORIGINAL RIGHTS (S35)

  1. RIGHTS OF THE ABORIGINAL PEOPLES OF CANADA
    Marginal note:
    Recognition of existing aboriginal and treaty rights
  2. (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.
    Definition of “aboriginal peoples of Canada”
    (2) In this Act, “aboriginal peoples of Canada” includes the Indian, Inuit and Métis peoples of Canada.
    Marginal note:
    Land claims agreements
    (3) For greater certainty, in subsection (1) “treaty rights” includes rights that now exist by way of land claims agreements or may be so acquired.

PROCEDURE FOR AMENDING CONSTITUTION (S38)

  1. PROCEDURE FOR AMENDING CONSTITUTION OF CANADA (101)
    Marginal note:
    General procedure for amending Constitution of Canada
  2. (1) An amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by
    (a) resolutions of the Senate and House of Commons; and
    (b) resolutions of the legislative assemblies of at least two-thirds of the provinces that have, in the aggregate, according to the then latest general census, at least fifty per cent of the population of all the provinces.
    Marginal note:
    Majority of members
    (2) An amendment made under subsection (1) that derogates from the legislative powers, the proprietary rights or any other rights or privileges of the legislature or government of a province shall require a resolution supported by a majority of the members of each of the Senate, the House of Commons and the legislative assemblies required under subsection (1).
    Marginal note:
    Expression of dissent
    (3) An amendment referred to in subsection (2) shall not have effect in a province the legislative assembly of which has expressed its dissent thereto by resolution supported by a majority of its members prior to the issue of the proclamation to which the amendment relates unless that legislative assembly, subsequently, by resolution supported by a majority of its members, revokes its dissent and authorizes the amendment.

PRIMACY OF CONSTITUTION (S52)

  1. Primacy of Constitution of Canada
  2. (1) The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.
    Marginal note:
    Constitution of Canada
    (2) The Constitution of Canada includes
    (a) the Canada Act 1982, including this Act;
    (b) the Acts and orders referred to in the schedule; and
    (c) any amendment to any Act or order referred to in paragraph (a) or (b).
    Marginal note:
    Amendments to Constitution of Canada
    (3) Amendments to the Constitution of Canada shall be made only in accordance with the authority contained in the Constitution of Canada.

DISTRIBUTION OF POWERS (S91/S92)

  1. VI. DISTRIBUTION OF LEGISLATIVE POWERS
    Powers of the Parliament
    Marginal note:
    Legislative Authority of Parliament of Canada
  2. It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House of Commons, to make Laws for the Peace, Order, and good Government of Canada, in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces; and for greater Certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say,
  3. Repealed. (44)
    1A.
    The Public Debt and Property. (45)
  4. The Regulation of Trade and Commerce.
    2A.
    Unemployment insurance. (46)
  5. The raising of Money by any Mode or System of Taxation.
    And any Matter coming within any of the Classes of Subjects enumerated in this Section shall not be deemed to come within the Class of Matters of a local or private Nature comprised in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces. (47)
    Exclusive Powers of Provincial Legislatures
    Marginal note:
    Subjects of exclusive Provincial Legislation
  6. In each Province the Legislature may exclusively make Laws in relation to Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say,
  7. Repealed. (48)
  8. Direct Taxation within the Province in order to the raising of a Revenue for Provincial Purposes.
  9. The borrowing of Money on the sole Credit of the Province.
  10. The Establishment and Tenure of Provincial Offices and the Appointment and Payment of Provincial Officers.
  11. The Management and Sale of the Public Lands belonging to the Province and of the Timber and Wood thereon.
  12. The Establishment, Maintenance, and Management of Public and Reformatory Prisons in and for the Province.
  13. The Establishment, Maintenance, and Management of Hospitals, Asylums, Charities, and Eleemosynary Institutions in and for the Province, other than Marine Hospitals.
  14. Municipal Institutions in the Province.
  15. Shop, Saloon, Tavern, Auctioneer, and other Licences in order to the raising of a Revenue for Provincial, Local, or Municipal Purposes.
  16. Local Works and Undertakings other than such as are of the following Classes:
    (a)
    Lines of Steam or other Ships, Railways, Canals, Telegraphs, and other Works and Undertakings connecting the Province with any other or others of the Provinces, or extending beyond the Limits of the Province:
    (b)
    Lines of Steam Ships between the Province and any British or Foreign Country:
    (c)
    Such Works as, although wholly situate within the Province, are before or after their Execution declared by the Parliament of Canada to be for the general Advantage of Canada or for the Advantage of Two or more of the Provinces.
  17. The Incorporation of Companies with Provincial Objects.
  18. The Solemnization of Marriage in the Province.
  19. Property and Civil Rights in the Province.
  20. The Administration of Justice in the Province, including the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts.
  21. The Imposition of Punishment by Fine, Penalty, or Imprisonment for enforcing any Law of the Province made in relation to any Matter coming within any of the Classes of Subjects enumerated in this Section.
  22. Generally all Matters of a merely local or private Nature in the Province.

  23. Sections 91 and 92 have no provision for any supra-national body to interfere with this distribution of powers.

  24. Note that ”Parliamentary Perogative” does not apply here, since the proposed Gobal Government is not a treaty BETWEEN governments. Rather, it would dissolve nations in favour of a supra-national body,

Part V: Authorities

Reference re Senate Reform, [2014] 1 SCR 704, 2014 SCC 32 (CanLII) (S38)
CLICK HERE, for full text of decision.

Sibbeston v. Canada (Attorney-General), 1988 CanLII 5673 (NWT CA) (S52)
CLICK HERE, for full text of decision.

Irwin Toy Ltd. v. Quebec (Attorney General), [1989] 1 SCR 927, 1989 CanLII 87 (SCC) (S2)
CLICK HERE, for the full text of decision.

Figueroa v. Canada (Attorney General), [2003] 1 S.C.R. 912 (S3)
CLICK HERE, for decision, view para 27, 30, 31.

2 cases on Aboriginal duty to consult:
Haida Nation v. British Columbia (Minister of Forests), [2004] 3 SCR 511, 2004 SCC 73 (CanLII) (S35)
(1) CLICK HERE, for full text of decision.

(2) Taku River Tlingit First Nation v. British Columbia (Project Assessment Director), [2004] 3 SCR 550, 2004 SCC 74 (CanLII) (S35)
CLICK HERE, for full text of decision.


Reference re Senate Reform, [2014] 1 SCR 704, 2014 SCC 32 (CanLII) (S38)
CLICK HERE, for full text of decision.

(a) The General Amending Procedure
[33] Section 38 of the Constitution Act, 1982 provides:
38. (1) An amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by

(a) resolutions of the Senate and House of Commons; and

(b) resolutions of the legislative assemblies of at least two-thirds of the provinces that have, in the aggregate, according to the then latest general census, at least fifty per cent of the population of all the provinces.

(2) An amendment made under subsection (1) that derogates from the legislative powers, the proprietary rights or any other rights or privileges of the legislature or government of a province shall require a resolution supported by a majority of the members of each of the Senate, the House of Commons and the legislative assemblies required under subsection (1).

(3) An amendment referred to in subsection (2) shall not have effect in a province the legislative assembly of which has expressed its dissent thereto by resolution supported by a majority of its members prior to the issue of the proclamation to which the amendment relates unless that legislative assembly, subsequently, by resolution supported by a majority of its members, revokes its dissent and authorizes the amendment.

(4) A resolution of dissent made for the purposes of subsection (3) may be revoked at any time before or after the issue of the proclamation to which it relates.

[34] The process set out in s. 38 is the general rule for amendments to the Constitution of Canada. It reflects the principle that substantial provincial consent must be obtained for constitutional change that engages provincial interests. Section 38 codifies what is colloquially referred to as the “7/50” procedure — amendments to the Constitution of Canada must be authorized by resolutions of the Senate, the House of Commons, and legislative assemblies of at least seven provinces whose population represents, in the aggregate, at least half of the current population of all the provinces. Additionally, it grants to the provinces the right to “opt out” of constitutional amendments that derogate from “the legislative powers, the proprietary rights or any other rights or privileges of the legislature or government of a province”.

  1. Sibbeston v. Canada (Attorney-General), 1988 CanLII 5673 (NWT CA) (S52)
    CLICK HERE, for full text of decision.

[6] The respondent’s amended petition cannot be pursued under principles of Canadian constitutional practice that must now be regarded as established. They include the political reality that it is the people of Canada, expressing their political will through the joint constitutional authority of the Parliament of Canada and the elected legislative assemblies of the provinces, who are sovereign in the delineation of federal-provincial power-sharing under the Constitution of Canada. Beyond that no segment of the Constitution of Canada, including the Canadian Charter of Rights and Freedoms, is paramount to other segments, or indeed the balance, of the Constitution. The Constitution “as a whole” is Canada’s supreme law.

[7] Section 52 of the Constitution Act, 1982, provides:
52(1) The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.
(2) The Constitution of Canada includes
(a) the Canada Act, 1982, including this Act;
(b) the Acts and orders referred to in the schedule; and
(c) any amendment to any Act or order referred to in paragraph (a) or (b).
(3) Amendments to the Constitution of Canada shall be made only in accordance with the authority contained in the Constitution of Canada.

[8] Section 52 espouses the equality of its components including amendments. Charter scrutiny could not have been reserved by its drafters: Reference re an Act to Amend the Education Act (Ontario) (1987), 1987 CanLII 65 (SCC), 40 D.L.R. (4th) 18, [1987] 1 S.C.R. 1148, 77 N.R. 241.

[9] The Constitution Act, 1982, also provides:
Application of Charter
32(1) This Charter applies
(a) to the Parliament and government of Canada in respect of all matters within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; and
(b) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province.

  1. Irwin Toy Ltd. v. Quebec (Attorney General), [1989] 1 SCR 927, 1989 CanLII 87 (SCC) (S2)
    CLICK HERE, for the full text of decision.

C.The Second Step: Was the Purpose or Effect of the Government Action to Restrict Freedom of Expression?

Having found that the plaintiff’s activity does fall within the scope of guaranteed free expression, it must next be determined whether the purpose or effect of the impugned governmental action was to control attempts to convey meaning through that activity. The importance of focussing at this stage on the purpose and effect of the legislation is nowhere more clearly stated than in R. v. Big M Drug Mart Ltd., 1985 CanLII 69 (SCC), [1985] 1 S.C.R. 295, at pp. 331-32 where Dickson J. (as he then was), speaking for the majority, observed:

In my view, both purpose and effect are relevant in determining constitutionality; either an unconstitutional purpose or an unconstitutional effect can invalidate legislation. All legislation is animated by an object the legislature intends to achieve. This object is realized through the impact produced by the operation and application of the legislation. Purpose and effect respectively, in the sense of the legislation’s object and its ultimate impact, are clearly linked, if not indivisible. Intended and actual effects have often been looked to for guidance in assessing the legislation’s object and thus, its validity.

Moreover, consideration of the object of legislation is vital if rights are to be fully protected. The assessment by the courts of legislative purpose focuses scrutiny upon the aims and objectives of the legislature and ensures they are consonant with the guarantees enshrined in the Charter. The declaration that certain objects lie outside the legislature’s power checks governmental action at the first stage of unconstitutional conduct. Further, it will provide more ready and more vigorous protection of constitutional rights by obviating the individual litigant’s need to prove effects violative of Charter rights. It will also allow courts to dispose of cases where the object is clearly improper, without inquiring into the legislation’s actual impact.

Figueroa v. Canada (Attorney General), [2003] 1 S.C.R. 912 (S2)
CLICK HERE, for decision, view para 27.

27 An understanding of s. 3 that emphasizes the right of each citizen to play a meaningful role in the electoral process also is sensitive to the full range of reasons that individual participation in the electoral process is of such importance in a free and democratic society. As Dickson C.J. wrote in R. v. Oakes, [1986] 1 S.C.R. 103, at p. 136:

The Court must be guided by the values and principles essential to a free and democratic society which I believe embody, to name but a few, respect for the inherent dignity of the human person, commitment to social justice and equality, accommodation of a wide variety of beliefs, respect for cultural and group identity, and faith in social and political institutions which enhance the participation of individuals and groups in society.

In this passage, Dickson C.J. was addressing s. 1 . Yet since reference to “a free and democratic society” is essential to an enriched understanding of s. 3 , this passage indicates that the best interpretation of s. 3 is one that advances the values and principles that embody a free and democratic state, including respect for a diversity of beliefs and opinions. Defining the purpose of s. 3 with reference to the right of each citizen to meaningful participation in the electoral process, best reflects the capacity of individual participation in the electoral process to enhance the quality of democracy in this country.

30 In the final analysis, I believe that the Court was correct in Haig, supra, to define s. 3 with reference to the right of each citizen to play a meaningful role in the electoral process. Democracy, of course, is a form of government in which sovereign power resides in the people as a whole. In our system of democracy, this means that each citizen must have a genuine opportunity to take part in the governance of the country through participation in the selection of elected representatives. The fundamental purpose of s. 3 , in my view, is to promote and protect the right of each citizen to play a meaningful role in the political life of the country. Absent such a right, ours would not be a true democracy.

31 For this reason, I cannot agree with LeBel J. that it is proper, at this stage of the analysis, to balance the right of each citizen to play a meaningful role in the electoral process against other democratic values, such as the aggregation of political preferences. Legislation that purports to encourage the aggregation of political preferences might advance certain collective interests, but it does not benefit all citizens, namely, those whose interests are not aggregated by the mainstream political parties. As a result, the proportionality analysis endorsed by LeBel J. clearly admits of the possibility that collective or group interests will be balanced against the right of each citizen to play a meaningful role in the electoral process at the infringement stage of the analysis. If the government is to interfere with the right of each citizen to play a meaningful role in the electoral process in order to advance other values, it must justify that infringement under s. 1 .

Also worth noting (need a residency to vote) persons who have recently arrived in a province or territory (Reference Re Yukon Election Residency Requirements (1986), 27 D.L.R. (4th) 146 (Y.T.C.A.); Storey v. Zazelenchuk (1984), 36 Sask.R. 103 (C.A.); Olson v. Ontario (1992), 12 C.R.R. (2d) 120 (Ont.Gen.Div.); Arnold v. Ontario (Attorney General) (1987), 43 D.L.R. 4th 94 (Ont.H.Ct.) — although 6 to 12 month minimum residency requirements were justified under section 1)

Haida Nation v. British Columbia (Minister of Forests), [2004] 3 SCR 511, 2004 SCC 73 (CanLII) (S35)
CLICK HERE, for full text of decision.

26 Honourable negotiation implies a duty to consult with Aboriginal claimants and conclude an honourable agreement reflecting the claimants’ inherent rights. But proving rights may take time, sometimes a very long time. In the meantime, how are the interests under discussion to be treated? Underlying this question is the need to reconcile prior Aboriginal occupation of the land with the reality of Crown sovereignty. Is the Crown, under the aegis of its asserted sovereignty, entitled to use the resources at issue as it chooses, pending proof and resolution of the Aboriginal claim? Or must it adjust its conduct to reflect the as yet unresolved rights claimed by the Aboriginal claimants?

27 The answer, once again, lies in the honour of the Crown. The Crown, acting honourably, cannot cavalierly run roughshod over Aboriginal interests where claims affecting these interests are being seriously pursued in the process of treaty negotiation and proof. It must respect these potential, but yet unproven, interests. The Crown is not rendered impotent. It may continue to manage the resource in question pending claims resolution. But, depending on the circumstances, discussed more fully below, the honour of the Crown may require it to consult with and reasonably accommodate Aboriginal interests pending resolution of the claim. To unilaterally exploit a claimed resource during the process of proving and resolving the Aboriginal claim to that resource, may be to deprive the Aboriginal claimants of some or all of the benefit of the resource. That is not honourable.

Taku River Tlingit First Nation v. British Columbia (Project Assessment Director), [2004] 3 SCR 550, 2004 SCC 74 (CanLII)
CLICK HERE, for full text of decision.

23 The Province argues that, before the determination of rights through litigation or conclusion of a treaty, it owes only a common law “duty of fair dealing” to Aboriginal peoples whose claims may be affected by government decisions. It argues that a duty to consult could arise after rights have been determined, through what it terms a “justificatory fiduciary duty”. Alternatively, it submits, a fiduciary duty may arise where the Crown has undertaken to act only in the best interests of an Aboriginal people. The Province submits that it owes the TRTFN no duty outside of these specific situations.

24 The Province’s submissions present an impoverished vision of the honour of the Crown and all that it implies. As discussed in the companion case of Haida, supra, the principle of the honour of the Crown grounds the Crown’s duty to consult and if indicated accommodate Aboriginal peoples, even prior to proof of asserted Aboriginal rights and title. The duty of honour derives from the Crown’s assertion of sovereignty in the face of prior Aboriginal occupation. It has been enshrined in s. 35(1) of the Constitution Act, 1982, which recognizes and affirms existing Aboriginal rights and titles. Section 35(1) has, as one of its purposes, negotiation of just settlement of Aboriginal claims. In all its dealings with Aboriginal peoples, the Crown must act honourably, in accordance with its historical and future relationship with the Aboriginal peoples in question. The Crown’s honour cannot be interpreted narrowly or technically, but must be given full effect in order to promote the process of reconciliation mandated by s. 35(1).

25 As discussed in Haida, what the honour of the Crown requires varies with the circumstances. It may require the Crown to consult with and accommodate Aboriginal peoples prior to taking decisions: R. v. Sparrow, 1990 CanLII 104 (SCC), [1990] 1 S.C.R. 1075, at p. 1119; R. v. Nikal, 1996 CanLII 245 (SCC), [1996] 1 S.C.R. 1013; R. v. Gladstone, 1996 CanLII 160 (SCC), [1996] 2 S.C.R. 723; Delgamuukw v. British Columbia, 1997 CanLII 302 (SCC), [1997] 3 S.C.R. 1010, at para. 168. The obligation to consult does not arise only upon proof of an Aboriginal claim, in order to justify infringement. That understanding of consultation would deny the significance of the historical roots of the honour of the Crown, and deprive it of its role in the reconciliation process. Although determining the required extent of consultation and accommodation before a final settlement is challenging, it is essential to the process mandated by s. 35(1). The duty to consult arises when a Crown actor has knowledge, real or constructive, of the potential existence of Aboriginal rights or title and contemplates conduct that might adversely affect them. This in turn may lead to a duty to change government plans or policy to accommodate Aboriginal concerns. Responsiveness is a key requirement of both consultation and accommodation.

Part VI: Order Sought

  1. (a) To issue a permanent, binding injunction against the Federal Government ever participating in such a United Nations Parliament or other ”World Government” scheme on the grounds it violates the laws cited above

(b) To find that any such actions in furtherance of this scheme are unconstitutional.

Alternatively an order that:

(c) To rule that any such measure would require the following forms of consent:
I/ Vote from the Federal House of Commons
II/ Vote from the Senate
III/ Signature of the Prime Minister
IV/ Royal Assent from the Governor General
V/ A nationwide referendum on this issue with 75% majority
VI/ 7 of 10 Provinces (with 50%+ population) affirming

Note, should that alternative be ordered, it is asked that the court also rule for (c), that any Province or Municipality that wishes to opt out may do so.

Sincerely,

Me

Predatory Publications by TRU Professor Pyne (Part 3: TRU Responds)


(Thompson Rivers University in Kamloops, BC)


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Please sign this: PETITION E-1906 CLICK HERE

All personal court appearances are under “BLOG


CLICK HERE, for Part I, the paper and backstory.
CLICK HERE, for Part II, the Pyne interview

This is Part III of a story involving economics Professor, Derek Pyne. Pyne published a paper studying the economic impacts of “predatory publishing” in academic journals. This led to international attention.

Predatory Journals In Essence
-Mailbox addresses (suites) given in address
-Journal no one has heard of before
-Very quick turnaround times
-Questionable, if any, peer review
-Questionable “Impact Factors Analysis”
-Real journal will provide abstract, fake will make you buy entire article, paywall

Pyne had been suspended in the fall of 2018. He cited several reasons, including this publication. In the interest of fairness, Thompson Rivers University was contacted for their side of the story.

While Professor Pyne agreed to an in person meeting, TRU answered questions by email. Due to privacy and legal concerns the answers were much more restricted than what Prof Pyne had disclosed. Here is that exchange.

1/ Professor Pyne’s paper on “Predatory Journals” must have been unexpected. What is TRU’s response to it?

It is important to understand that research is an independent activity undertaken by faculty and the university is not in the practice of monitoring the publishing activity of its faculty. Professor Pyne has the freedom to publish his research and talk about his research publicly.

2/ Does TRU believe the paper to be factually accurate, or a distortion of academic publishing?

TRU does not take a position on Professor Pyne’s research other than that it supports individual faculty member’s right to research and publish their research, and for this research to be openly debated among the academic community.

3/ Was his suspension in 2018 related to the paper he produced?

The action taken against Professor Pyne was not related to his specific research, the dissemination of his research, or the exercising of his right to academic freedom. The action was related to matters that TRU is unable to comment on due to both employment and privacy law.

4/ Have there been any changes to academic publishing as a result of this release? Reviews on how grants/tenure are awarded?

As previously indicated, research is an independent activity and subject to academic discourse. On the matter of tenure and promotion, any faculty member hired or promoted at TRU goes through a robust process, which involves a review of research activity and publishing credentials. This is a process led by peers, hence, any faculty member at TRU moving through the promotion and tenure process is doing so with the endorsement of their faculty colleagues provincially, nationally, and internationally. Additional information on promotion and tenure can be found on TRU’s website.

https://www.tru.ca/__shared/assets/Principles_and_Essential_Features_of_Standards_Documents23557.pdf

5/ Has any faculty research been given a “second look” as a result of the paper?

As indicated, TRU does not monitor the independent publishing activity of its faculty. However, there are processes built within the university system where such activity is reviewed. For example, at TRU, divisional peer review committees and a university committee of Senate review publishing credentials during the tenure and promotion process of faculty. In addition, each individual faculty council and department, with input from the university’s Senate, determine the criteria for tenure and promotion, which includes close scrutiny of publications. Faculty, chairs and deans are also involved in the hiring of any new faculty, and a review of publishing credentials would be part of that process.

6/ Professor Pyne told me he doesn’t believe the academic union is acting properly in the matter, and it has since gone to Labour Relations. Any comment on that?

TRU cannot speak on behalf of the union.

Predatory Publications by TRU Professor Pyne (Part 2: Meeting The Man)

(Thompson Rivers University in Kamloops, BC)


Check toolbar on right for globalism links (under counter).

Please sign this: PETITION E-1906 CLICK HERE

All personal court appearances are under “BLOG


See the previous article on the infamous paper by Thompson Rivers University Economic Professor, Derek Pyne.

For a simplified version of the story, Professor Pyne published a paper in April 2017 titled “Predatory publications”. It was a look into the academic publishing, and how fake journals were popping up. Given university professors’ duty to “publish or perish”, these seemed to be a way out.

This is a topic that has been reluctantly addressed by universities before. However, this paper took more of an economic view of the subject — rewards and benefits from publishing in such journals.

The paper has not been well received by Thompson Rivers University, especially since it seemed to implicate members of the faculty. Relations between Professor Pyne and the school have gone downhill.

In September 2018, almost a year and a half later, Professor Pyne was suspended from TRU. He is now back at work. He claims that the paper was one reason, but not the only, for the suspension.

Currently, a complaint has been filed under Section 13 of the Labour Relations Code, claiming the Union violated Section 12. Here is the actual text from the Labour Relations Code (of BC)

Duty of fair representation
12 (1)
A trade union or council of trade unions must not act in a manner that is arbitrary, discriminatory or in bad faith
(a) in representing any of the employees in an appropriate bargaining unit, or
(b) in the referral of persons to employment whether or not the employees or persons are members of the trade union or a constituent union of the council of trade unions.

(2) It is not a violation of subsection (1) for a trade union to enter into an agreement under which
(a) an employer is permitted to hire by name certain trade union members,
(b) a hiring preference is provided to trade union members resident in a particular geographic area, or
(c) an employer is permitted to hire by name persons to be engaged to perform supervisory duties.

(3) An employers’ organization must not act in a manner that is arbitrary, discriminatory or in bad faith in representing any of the employers in the group appropriate for collective bargaining.

Procedure for fair representation complaint
13 (1) If a written complaint is made to the board that a trade union, council of trade unions or employers’ organization has contravened section 12, the following procedure must be followed:
(a) a panel of the board must determine whether or not it considers that the complaint discloses a case that the contravention has apparently occurred;
(b) if the panel considers that the complaint discloses sufficient evidence that the contravention has apparently occurred, it must
(i) serve a notice of the complaint on the trade union, council of trade unions or employers’ organization against which the complaint is made and invite a reply to the complaint from the trade union, council of trade unions or employers’ organization, and
(ii) dismiss the complaint or refer it to the board for a hearing.
(2) If the board is satisfied that the trade union, council of trade unions or employers’ organization contravened section 12, the board may make an order or direction referred to in section 14 (4) (a), (b) or (d).

Canuck Law meeting Professor Pyne

The actual interview occurred on Thursday, January 24 at the University in Kamloops, BC. Note: Questions were prepared, but the replies shown are summaries of what was said.

1/ What did you think would happen publishing this?
-It was a new angle on the publishing industry
-This hadn’t been done before
-Expected a higher amount of support for academic freedom and inquiry

2/ Any support from colleagues?
-Some privately do offer support
-No one wants to be public about it
-This is considered an attack on academic freedom

3/ What actually triggered the suspension?
-Collective agreement allows for feedback for candidates
-I exercised that right. University called it defamatory and accusatory

4/ Why the 16 month delay in the suspension? (April 2017-Sept 2018)
-It took time for the backlash to happen
-Reporting by the New York Times really hurt
-American media interviews were given
-Comments made in online forums
-Research comments

5/ Why isn’t the TRU faculty union helping?
-164 page complaint was filed
-Academic unions don’t work the same way private sector unions do
-Lack of understanding by the union in matters like this

6/ What do you see Labour Relations doing?
-Little. They have a very low success rate
-Since 2016 (records shown), 0 or 1 cases successful each year
-Most “successes” come from informal negotiation between parties

7/ What would you like Labour Relations to do?
-Order the union to file a grievance

8/ How can universities screen for “predatory journals”? What are the warning signs?
-Mailbox addresses (suites) given in address
-Journal no one has heard of before
-Very quick turnaround times
-Questionable, if any, peer review
-Questionable “Impact Factors Analysis”
-Real journal will provide abstract, fake will make you buy entire article, paywall
-There are 10,800 right now identified, another 955 suspected (all fields)

9/ Has this led to policy changes at TRU?
-Might have tipped people off as to what is happening?

10/ Was it difficult to get data for research?
-Time consuming
-Manually searching profiles
-Research Ethics not needed (since no face-to-face interviews)
-Google Scholar quick source (academic publications)
-Checking academic profiles also an option

11/ Does this hurt academia?
-It can lower the trust people have in experts and authority figures

12/ Broadly speaking, how does peer review work?
-You need an idea of which journals to submit to
-You submit your research
-You may have to redo large sections of your paper
-Editor of publication often orders revise & resubmit
-Editor will find referees with similar publications to review yours
-Referees are usually volunteers, it’s more of an honour
-It can easily take a year or two to get published

CBC Propaganda: The Masterlist

Note: This article “wasn’t” actually created in 2012. It is just listed here to make it easier to find. Submissions will be from across several years, selecting the worst from our tax-funded “broadcaster”.

CBC (COMMUNIST BROADCASTING CORPORATION)

CLICK HERE, for Propaganda #1, Canada must have 100 million people by the year 2100.

CLICK HERE, for Propaganda #2, Europe should have open borders.

CLICK HERE, for Propaganda #3, Islam not responsible for Islamic violence.

CLICK HERE, for Propaganda #4, The Wage Gap.

CLICK HERE, for Propaganda #5: Borders Are Pointless.

CLICK HERE, for Propaganda #6: State Supplied Drugs For Addicts.

CLICK HERE, for Propaganda #7: UN’s Call to Welcome Back ISIS fighters.

CLICK HERE, for Propaganda #8: Walls Are Useless. Don’t Bother.

CLICK HERE, for Propaganda #9: “Conspiring” With Free Speech Activist.

CLICK HERE, for Propaganda #10: World Hijab Day, celebrating a symbol of oppression as “diversity”.

CLICK HERE, for Propaganda #11: A Hit Piece That Conflates Sarcasm With Sincerity.

CLICK HERE, for Propaganda #12: Judy Sgro Shrugs Off Ethics Concerns.

CLICK HERE, for Propaganda #13, Charities Free To Engage In Political Spending.

CLICK HERE, for Propaganda #14, encouraging total demographic replacement of Canadians.

TORONTO STAR AND CRESENT MOON

CLICK HERE, for #1: Hit Piece Making Alt-Right Look Good.