Types of Law Archives - Page 10 of 148

March 24, 2023March 24, 2023

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

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

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

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

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

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

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

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

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

YEAR: 2017
MONTH	QUEBEC	MANITOBA	B.C.	OTHERS	TOTAL
January	245	19	46	5	315
February	452	142	84	0	678
March	654	170	71	2	897
April	672	146	32	9	859
May	576	106	60	0	742
June	781	63	39	1	884
July	2,996	87	51	0	3,314
August	5,530	80	102	0	5,712
September	1,720	78	79	4	1,881
October	1,755	67	68	8	1,890
November	1,539	38	46	0	1,623
December	1,916	22	40	0	1,978
TOTAL	18,836	1,018	718	22	20,593

YEAR: 2018
MONTH	QUEBEC	MANITOBA	B.C.	OTHERS	TOTAL
January	1,458	18	41	0	1,517
February	1,486	31	48	0	1,565
March	1,884	53	33	0	1,970
April	2,479	50	31	0	2,560
May	1,775	36	53	0	1,869
June	1,179	31	53	0	1,263
July	1,552	51	31	0	1,634
August	1,666	39	39	3	1,747
September	1,485	44	68	4	1,601
October	1,334	23	37	0	1,394
November	978	23	18	0	1,019
December	1,242	11	27	0	1,280
TOTAL	18,518	410	479	7	19,419

YEAR: 2019
MONTH	QUEBEC	MANITOBA	B.C.	OTHERS	TOTAL
January	871	1	16	1	888
February	800	1	6	2	808
March	967	13	22	0	1,002
April	1,206	15	25	0	1,246
May	1,149	27	20	0	1,196
June	1,536	26	5	0	1,567
July	1,835	23	15	1	1,874
August	1,712	26	22	2	1,762
September	1,706	19	17	0	1,737
October	1,595	18	8	1	1,622
November	1,118	9	21	0	1,148
December	1,646	2	5	2	1,653
TOTAL	16,136	180	182	9	16,503

YEAR: 2020
MONTH	QUEBEC	MANITOBA	B.C.	OTHERS	TOTAL
January	1,086	7	7	0	1,100
February	976	2	2	0	980
March	930	7	18	0	955
April	1	0	5	0	6
May	17	0	4	0	21
June	28	1	3	1	33
July	29	2	17	0	48
August	15	3	0	0	18
September	30	4	7	0	41
October	27	0	4	0	31
November	24	0	8	0	32
December	26	2	8	0	36
TOTAL	3,189	28	84	1	3,302

YEAR: 2021
MONTH	QUEBEC	MANITOBA	B.C.	OTHERS	TOTAL
January	28	1	10	0	39
February	39	0	1	0	40
March	29	5	2	0	36
April	29	2	2	0	33
May	12	3	13	0	28
June	11	0	6	0	17
July	28	5	6	0	39
August	63	2	11	0	76
September	150	0	19	0	169
October	96	0	17	0	113
November	832	1	12	0	845
December	2,778	0	33	0	2,811
TOTAL	4,095	19	132	0	4,246

YEAR: 2022
MONTH	QUEBEC	MANITOBA	B.C.	OTHERS	TOTAL
January	2,367	0	16	0	2,383
February	2,154	1	9	0	2,164
March	2,492	2	8	0	2,502
April	2,791	3	8	3	2,805
May	3,449	3	40	1	3,493
June	3,066	3	14	3	3,086
July	3,645	3	29	0	3,677
August	3,234	5	10	0	3,249
September	3,650	10	0	0	3,660
October	3,901	16	34	0	3,951
November	3,731	23	34	0	3,788
December	4,689	3	52	1	4,745
TOTALS	39,171	72	289	7	39,540

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ARTICLE 8
1. The Parties shall develop standard operating procedures to assist with the implementation of this Agreement. These procedures shall include provisions for notification, to the country of last presence, in advance of the return of any refugee status claimant pursuant to this Agreement.
2. These procedures shall include mechanisms for resolving differences respecting the interpretation and implementation of the terms of this Agreement. Issues which cannot be resolved through these mechanisms shall be settled through diplomatic channels.
3. The Parties agree to review this Agreement and its implementation. The first review shall take place not later than 12 months from the date of entry into force and shall be jointly conducted by representatives of each Party. The Parties shall invite the UNHCR to participate in this review. The Parties shall cooperate with UNHCR in the monitoring of this Agreement and seek input from non-governmental organizations.

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

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

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

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

March 22, 2023

StatsCan: Canada Added 1 Million People In 2022

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

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

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

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

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

Temporary immigration is the leading contributor to Canada’s growth

Nice to finally see this admitted.

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

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

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

What else does Ottawa have to say about this?

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

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

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

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

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

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

And over the last few decades:

Year	Stu	TFWP	IMP	Total
2003	61,293	82,151	–	143,444
2004	56,536	90,668	–	147,204
2005	57,476	99,146	–	156,622
2006	61,703	112,658	–	174,361
2007	64,636	165,198	–	229,834
2008	79,509	192,519	–	272,028
2009	85,140	178,478	–	263,618
2010	96,157	182,276	–	278,433
2011	98,383	190,842	–	289,225
2012	104,810	213,573	–	318,383
2013	111,865	221,310	–	333,175
2014	127,698	95,086	197,924	420,078
2015	219,143	73,016	175,967	468,126
2016	265,111	78,402	207,829	551,342
2017	317,328	78,788	224,033	620,149
2018	356,876	84,229	255,034	696,139
2019	402,427	98,310	306,797	807,534
2020	256,740	84,609	242,130	583,452
2021	445,776	103,552	313,294	862,622

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

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

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

Then we get things like this:

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

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

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

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

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

A few observations:

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

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

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

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

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

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

March 20, 2023

Vaccine Choice Canada’s OTHER Lawsuit: Dormant After 3 1/2 Years

Often in court cases, the information being eventually drops off. As a result, many lose track of interesting claims that they were otherwise interested in. An October 2019 suit with Vaccine Choice Canada is one such case. This is case #CV-19-00629810-0000, filed in Ontario Superior Court, in Toronto.

This isn’t to be confused with the high profile suit of July 2020. This was filed to challenge lockdown measures imposed (primarily) by the Ford Regime in Ontario. These are quite different. The 2019 suit covered vaccination policies in schools.

While there are 2 different cases, they have something in common: both have sat idly for years, without any activity to show for it.

Thankfully, we’re in an age where case status can be SEARCHED online, and documents can often be obtained for free. As there had been no announcements since 2019, an update is long overdue. And as it turns out, there’s nothing to report. Nothing has happened since the pleadings in later 2019/early 2020.

Nor does it seem like the 2019 case has had a single hearing.

So, what happened with all the donations?

And that’s interesting, considering some of the problems with the drafting.

1. Should Have Been An Application, Not A Statement Of Claim

Applications for judicial review
2 (1) On an application by way of originating notice, which may be styled “Notice of Application for Judicial Review”, the court may, despite any right of appeal, by order grant any relief that the applicant would be entitled to in any one or more of the following:
.
1. Proceedings by way of application for an order in the nature of mandamus, prohibition or certiorari.
2. Proceedings by way of an action for a declaration or for an injunction, or both, in relation to the exercise, refusal to exercise or proposed or purported exercise of a statutory power.

Section 2 of the Judicial Review Procedure Act lays out some circumstances which cases need to be brought as an Application for Judicial Review, as opposed to having more discretion to file a Statement of Claim.

Page 6 of the Statement of Claim makes it clear that both a Mandamus (requirement to perform a duty) and a Prohibition (a restriction) are being sought. As a result, it looks like the wrong paperwork was filed to get this going.

2. Suit Should Probably Have Been Filed In Divisional Court

Application to Divisional Court
6 (1) Subject to subsection (2), an application for judicial review shall be made to the Divisional Court.

Application to judge of Superior Court of Justice
(2) An application for judicial review may be made to the Superior Court of Justice with leave of a judge thereof, which may be granted at the hearing of the application, where it is made to appear to the judge that the case is one of urgency and that the delay required for an application to the Divisional Court is likely to involve a failure of justice.

Section 6 of the Judicial Review Procedure Act states that an Application for Judicial Review must be brought in Divisional Court. Now, it’s possible to get permission to file in Superior Court, but it doesn’t look like that ever happened. Nor does it appear that it was attempted.

3. Rules Of Civil Procedure Not Followed In Drafting Claim

To Any Party on a Question of Law
21.01(1) A party may move before a judge,
(a) for the determination, before trial, of a question of law raised by a pleading in an action where the determination of the question may dispose of all or part of the action, substantially shorten the trial or result in a substantial saving of costs; or
(b) to strike out a pleading on the ground that it discloses no reasonable cause of action or defence,

Rules of Pleading — Applicable to all Pleadings
Material Facts
25.06(1) Every pleading shall contain a concise statement of the material facts on which the party relies for the claim or defence, but not the evidence by which those facts are to be proved.

Pleading Law
25.06(2) A party may raise any point of law in a pleading, but conclusions of law may be pleaded only if the material facts supporting them are pleaded.

Documents or Conversations
25.06(7) The effect of a document or the purport of a conversation, if material, shall be pleaded as briefly as possible, but the precise words of the document or conversation need not be pleaded unless those words are themselves material.

Nature of Act or Condition of Mind
25.06(8) Where fraud, misrepresentation, breach of trust, malice or intent is alleged, the pleading shall contain full particulars, but knowledge may be alleged as a fact without pleading the circumstances from which it is to be inferred.

This is a common criticism. The Rules of Civil Procedure need to be followed when drafting lawsuits. The people being sued need to have enough specific information to understand the allegations against them. It also has to be written in a way that’s understandable.

The Ontario Government also claims that the Sections 2 and 7 Charter challenges are so vague and non-specific that they are impossible to respond to.

4. VCC Has To Plead For Public Interest Standing

Starting on page 10, the Statement of Defence argues that there is no standing here, as the organization is not a person, and not directly impacted. This is funny.

There is a way for organizations to do this, and they have to convince the Court that they meet a 3 part test. That’s how standing is granted.

(1) Does the Application raise a serious justiciable issue?
(2) Do the Organizations have a real stake or genuine interest in that issue?
(3) Is the participation of the Organizations a reasonable and effective way to litigate?

Granted, a well written document could probably have gotten them standing, but it still needs to be covered.

Then again, if the case was never intended to go forward, then maybe it’s not necessary to write a Claim or Application properly.

5. Why No Attempt To Get Claim Thrown Out?

Why keep covering these grifts? Because the truth matters.

This isn’t to suggest that there weren’t real issues to bring to Court. Obviously, there were, and they deserve considerable media attention. However, the case has just sat idly for years now.

A question worth asking is why the Ford Government has made no attempt to get this case thrown out (struck) since it was filed in October 2019. No action has been taken to bring it forward either. Was there collusion to keep everything in limbo?

It appears that the wrong paperwork was filed, and submitted to the wrong Court. The quality of the Statement of Claim is very poor as well. So, why just let it sit?

Keep in mind, Ford also let the July 6, 2020 Claim sit unchallenged for the first 2 1/2 years as well. Vaccine Choice didn’t have their first Court appearance until January 17, 2023. And that was just to set down Motion dates.

Are these just “placeholders”? Is the goal to keep them on the books as long as possible, in order to give the appearance that something is being done? Is this a way to enrich the Directors?

Remember to donate, suckers!

(1) https://www.ontario.ca/page/search-court-cases-online
(2) https://www.canlii.org/en/on/laws/stat/rso-1990-c-j1/latest/rso-1990-c-j1.html
(3) https://www.canlii.org/en/on/laws/regu/rro-1990-reg-194/latest
(4) https://www.canlii.org/en/ca/scc/doc/2012/2012scc45/2012scc45.html

VACCINE CHOICE CANADA DOCUMENTS (2019 CLAIM):
(1) VCC – Statement Of Claim, October 2019 Lawsuit
(2) VCC – Statement Of Defence, October 2019 Lawsuit

VACCINE CHOICE CANADA COURT DOCUMENTS (2020 CLAIM):
(1) VCC – Statement Of Claim Unredacted
(2) VCC – Discontinuance Against CBC
(3) VCC – Mercer Statement Of Defense
(4) VCC – Mercer Affidavit Of Service
(5) VCC – Requisition For CPC Motion To Strike

March 13, 2023March 13, 2023

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

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

The group describes itself in this way:

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

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

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

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

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

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

COURT CASES PRESIDED OVER BY CHIEF JUSTICE HINKSON

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

March 11, 2023

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

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

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

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

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

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

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

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

Canadian Climate Institute
Environmental Defence Canada
ONE Global (Canada)

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

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

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

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

March 11, 2023March 11, 2023

Private Member’s Bill C-206: Decriminalizing Self-Injury Done To Avoid Active Military Service

This is another one that’s a bit of a head scratcher.

New Democrat M.P. Randall Garrison introduced Bill C-206 back in December 2021. This would have removed section 98(c) of the National Defence Act. It would mean that it was no longer an offence to injure or main oneself or another for the purpose of avoiding active service.

Although not specified in the Bill, presumably it would be okay to injure another for this purpose if it was done with the person’s consent.

The timing is also interesting. First Reading was at the end of 2021, when vaccine passports were in full swing. A cynic may wonder if this was part of some coordinated effort to help gut the military, by making it easier for people to get out.

Malingering, aggravating disease or infirmity or injuring self or another
.
98 Every person who
(a) malingers or feigns or produces disease or infirmity,
(b) aggravates, or delays the cure of, disease or infirmity by misconduct or wilful disobedience of orders, or
(c) willfully maims or injures himself or any other person who is a member of any of Her Majesty’s Forces or of any forces cooperating therewith, whether at the instance of that person or not, with intent thereby to render himself or that other person unfit for service, or causes himself to be maimed or injured by any person with intent thereby to render himself unfit for service,
.
is guilty of an offence and on conviction, if he commits the offence on active service or when under orders for active service or in respect of a person on active service or under orders for active service, is liable to imprisonment for life or to less punishment and, in any other case, is liable to imprisonment for a term not exceeding five years or to less punishment.

It would be interesting whether Garrison came up with this Bill himself, or whether someone else (and who) is really behind it. Somehow, it seems doubtful that it was his idea.

So far, it hasn’t gone past First Reading, but we’ll have to see how it plays out.

Sources:
(1) https://www.parl.ca/legisinfo/en/bills?page=2
(2) https://www.parl.ca/legisinfo/en/bill/44-1/c-206
(3) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-206/first-reading
(4) https://www.ourcommons.ca/Members/en/randall-garrison(71995)
(5) https://laws-lois.justice.gc.ca/eng/acts/N-5/index.html

Private Member Bills In Current Session:
(A) Bill C-207: Creating The “Right” To Affordable Housing
(B) Bill C-219: Creating Environmental Bill Of Rights
(C) Bill C-226: Creating A Strategy For Environmental Racism/Justice
(D) Bill C-229: Banning Symbols Of Hate, Without Defining Them
(E) Bill C-230: Protecting HCW From MAiD Compulsion DEFEATED
(F) Bill C-235: Building Of A Green Economy In The Prairies
(G) Bill C-250: Imposing Prison Time For Holocaust Denial
(H) Bill C-261: Red Flag Laws For “Hate Speech”
(I) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(J) Bill C-312: Development Of National Renewable Energy Strategy
(K) Bill C-315: Amending CPPIB Act Over “Human, Labour, Environmental Rights”
(L) Bill S-215: Protecting Financial Stability Of Post-Secondary Institutions
(M) Bill S-243: Climate Related Finance Act, Banking Acts
(N) Bill S-248: Removing Final Consent For Euthanasia
(O) Bill S-257: Protecting Political Belief Or Activity As Human Rights

Category: Types of Law

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

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StatsCan: Canada Added 1 Million People In 2022

Temporary immigration is the leading contributor to Canada’s growth

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

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Vaccine Choice Canada’s OTHER Lawsuit: Dormant After 3 1/2 Years

1. Should Have Been An Application, Not A Statement Of Claim

2. Suit Should Probably Have Been Filed In Divisional Court

3. Rules Of Civil Procedure Not Followed In Drafting Claim

4. VCC Has To Plead For Public Interest Standing

5. Why No Attempt To Get Claim Thrown Out?

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

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

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Private Member’s Bill C-206: Decriminalizing Self-Injury Done To Avoid Active Military Service

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Temporary immigration is the leading contributor to Canada’s growth

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

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1. Should Have Been An Application, Not A Statement Of Claim

2. Suit Should Probably Have Been Filed In Divisional Court

3. Rules Of Civil Procedure Not Followed In Drafting Claim

4. VCC Has To Plead For Public Interest Standing

5. Why No Attempt To Get Claim Thrown Out?

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