Category: Types of Law

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Privacy Commissioner, Banks, Throw StatsCan Under the Bus

(The issue of bank data being seized is raised in Parliament)

This article was released by Global News on October 26, 2018, and CanuckLaw covered it here on October 28. In short, Statistics Canada wants to seize the banking information of 500,000 Canadians (each year), and do it without the knowledge or consent of Canadians.

(at 1:40 in the video) Statistics Canada representative James Tabreke in a very blunt way claims that this is a ”new way of getting economic data to make government decisions”. He also claims that StatsCan is being open with the public, and that the Canadian Banks were aware of this.

(at 2:32 in the video) Claim that the Privacy Commissioner has okayed the project.

Prime Minister Trudeau, in his typically partisan manner, defended the data seizure. Of course blamed Stephen Harper for eliminating the long form census in 2010. He claimed StatsCan was working closely with the Privacy Commissioner.

Now the lies get exposed:
First, Trudeau is distorting the truth with reference to Harper gutting the long-form census. In the original video, Statistics Canada claimed bank seizure was a move done to replace the long form census. So Harper cancelling the LFC in 2010 was actually irrelevant, as StatsCan was going to pull this stunt anyway.

Second, StatsCan claims that they have been open with what they are doing. Yet, these talks have been going on for a year now without the public’s knowledge.

Third, the C.B.A. (Canadian Bankers Association) has publicly objected, claiming they thought StatsCan was just in an exploratory stage. C.B.A. says they didn’t know StatsCan was going ahead with this, and says they will oppose the measure. Here is their statement:

Statement from the Canadian Bankers Association

Protecting the information privacy of their valued customers is a top priority for banks in Canada. Banks believed this proposed data acquisition project was still in the exploratory stages and were not aware that Statistics Canada was moving to compel disclosure of this information. No customer transaction data or other personal information has been transferred to Statistics Canada under this request. The CBA is working with members to understand the nature of this request and next steps.

Fourth, the Privacy Commissioner, seen here appearing before the Senate Committee on Banking, Trade and Commerce, refutes the claim that he ”okayed the move”. Instead, he stated that he does not have the authority to approve such a thing, and is only able to provide general advice on privacy laws.

Fifth, the Privacy Commissioner claims he was unaware until very recently that Statistics Canada that they wanted to do this to 500,000 Canadians. He says numbers were not discussed. In the hearing he states, ”Proportionality is very important.”

Sixth, the Privacy Commissioner states he was unaware or just how much information would be seized by such a move.

Seventh, the Privacy Commissioner admits that StatsCan was not nearly as transparent as it could have been.

Eighth, and this is a glaring omission: StatsCan doesn’t say how this massive intrusion would actually help. There are just vague references to ”economic information”.

Certainly, that 15 years of credit card data had recently been seized also doesn’t sit well with many Canadians.

Now that formal complaints against this measure have been filed with the Privacy Commissioner, there is no longer the option of just giving general legal information. At this point, an investigation is mandated by law.

The proposal appears to be dead in the water, as public outrage and the threats of legal action are forcing StatsCan to back off. But it will be interesting to see if the Federal Liberals continue to support this Orwellian measure.

Note:
Statistics Canada, Equifax, Transunion, the C.B.A., and the major banks have all been contacted by CanuckLaw for comment. Any responses will be posted here as updates.

Canadian Banker’s Association rep Aaron Boles
Thanks, Alex.

The most important take-away from yesterday is that StatsCan is suspending any movement on its proposed project until the Office of the Privacy Commissioner has completed its report, which we understand will be January at the earliest. We were firm in our appearance before the Senate Committee that all options are on the table in terms of defending the privacy and security of bank customers’ personal information and transaction records. Until the OPC report is tabled and StatsCan responds about what it proposes to do thereafter, there’s little point in speculating on how information on spending habits would be collected, if at all.

Best,

AEB

From RBC
Hi Alex – please refer to the CBA for comment on this.

Best,
AJ

AJ Goodman I Director, External Communications, Personal & Commercial Banking I

From TD Canada
Hi Alex,

We refer your inquiry to the CBA, however can tell you that TD takes the trust our customers place in us extremely seriously and has not agreed to share customer data.

Thanks,

Alison

From Statistics Canada
Hello,

“I can assure you that we will not proceed with this project until we have addressed the privacy concerns expressed by Canadians by working cooperatively with the Privacy Commissioner and with financial institutions.”

Anil Arora, Chief Statistician of Canada (Standing Senate Committee on Banking, Trade and Commerce, November 8, 2018)

Thank you,

Laurence Beaudoin-Corriveau

Manager (Acting), Media Relations, Communications
Statistics Canada, Government of Canada

laurence.beaudoin-corriveau@canada.ca / Tel: 613-951-2599

From Equifax
Hello Alex.

In our database, Equifax Canada has information on ~27M Canadian consumers, which we maintain as a registered Canadian credit bureau in accordance with applicable credit reporting and privacy laws. Statistics Canada has never directed Equifax Canada to provide them with, and subsequently, Equifax Canada has not provided to Statistics Canada all of its data pursuant to its enabling legislation.

In any instance where a regulated body relying on legislative authority requests information from Equifax, our standard process is to conduct a review against our internal data governance and security processes, as well as to consider applicable law prior to disclosure.

We don’t have any information on the rumour you mentioned about credit data from 15 years ago.

Media Relations | Equifax Canada Co.

5700 Yonge St., Suite 1700, Toronto, Ontario, Canada M2M 4K2

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Weaponizing the Human Rights Codes and Refugee Boards

(This is criminal, not civil, but enjoy anyway)

***********************************************************************
The full text for UN Global Migration Compact is RIGHT HERE.

Please sign this: PETITION E-1906 CLICK HERE
***********************************************************************

Need some extra cash? Don’t feel like working hard? Well, here at CanuckLaw, we have the solution for you.

Simply make some vague claim about: (a) being offended; (b) having hurt feelings; (c) loss of self confidence, and you will be well on your way to making your next year’s salary virtually overnight.

Need that new sports car? Or have a girlfriend with really expensive taste? Now you don’t have to feel like a cheapskate. Just file a human rights complaint, and that cash is as good as yours. Just appear before the tribunal and cry up a storm.

In court, you will be forced to ”prove damages” and likely ”hire a lawyer”. Not the case here. Just say you are offended, and the Province will pick up your tab. The slimy accused will still have to pay his bill though.

And if you want to come to Canada, but don’t qualify, then just claim to be oppressed and fearful of persecution. And since it’s all in your head, no proof necessary.

All joking aside, the Provincial Human Rights Tribunals are in fact a very lucrative way to cash in. We will explain here.

One interesting case, is Sanford v. Koop, 2005 HRTO 53 (CanLII) at paras. 34-38. CLICK HERE for a link to it. It sets out a disturbingly vague, yet extensive list which people can get extra money under. Although this is Ontario, other provinces have very similar guidelines. From paragraph 35:

[35] The Commission provided a number of cases which set out the criteria to be used in assessing the appropriate quantum of general damages. These factors include:

• Humiliation experienced by the complainant
• Hurt feelings experienced by the complainant
• A complainant’s loss of self-respect
• A complainant’s loss of dignity
• A complainant’s loss of self-esteem
• A complainant’s loss of confidence
• The experience of victimization
• Vulnerability of the complainant
• The seriousness, frequency and duration of the offensive treatment

See: Baylis-Flannery v. DeWilde (No.2) (2003), 48 C.H.R.R. D/197 (total general damages of $35,000); Arias v. Desai, (No.2) (2003) 45 C.H.H.R. D/308 (HRTO) (total general damages of $25,000); Curling v. Torimiro (No.4) (2000), 38 C.H.R.R. D/216 (Ont. Bd. Inq.) (total general damages of $21,000); Ketola v. Value Propane Inc. (No. 2), (2002), 44 C.H.H.R.R. D/37 (Ont. Bd. Inq.) (total award of $20,000 for general damages and mental anguish); deSouza v. Gauthier (2002), 43 C.H.R.R. D/128 (Ont. Bd. Inq.) (total award of $25,000 for general damages and mental anguish)

[36] The Tribunal accepts the submissions of the Commission. Considering the evidence in this matter, and the similarity of the facts in this case with the facts in the cases cited by the Commission, the Tribunal awards $25,000 in general damages.
Damages for Mental Anguish for the Reckless and Wilful Infringement of the Complainant’s Rights

[37] Pursuant to Section 41(1)(b) of the Code the Tribunal may award damages of up to $10,000 for mental anguish, injury to dignity, feelings and pride, where such infringement has been engaged in wilfully or recklessly.

[38] The Commission identified the factors used to assess mental anguish damages pursuant to Section 41(1)(b):

Yes, you are reading that correctly: having hurt feelings can get you lots of money, according to the Ontario Human Rights Tribunal. In fact, they even give a price range.

Prospective Canadians: now, if waiting years, spending money, and doing paperwork are not your thing, don’t worry. Just hop a place to the U.S. with a tourist visa,seen here, walk across the Canadian border, and get yourself detained. Free housing, food and medical care while you wait for your claim.

Immigration and Refugee Boards (IRB) and Human Rights Tribunals (HRT) are clogged with bogus cases. In fact, a quick search reveals thousands, and those are just the ones that are published. Here are some cases pulled at random.

(1) CLICK HERE for an attempt to silence speech critical of Islam.

(2) CLICK HERE for getting a job in a restaurant, then refusing to do it later based on religious grounds.

(3) CLICK HERE for a funny one, taking action against each other for discrimination.

(4) CLICK HERE for a member of the Islamic Salvation Front wanting refugee status.

(5) CLICK HERE for a claim that asking a prospective tenant for a 12 month lease is discrimination.

(6) CLICK HERE for a member of Hamas (a terrorist group), wanting to be declared a refugee.

(7) CLICK HERE for an unsubstantiated claim of fear of safety.

(8) CLICK HERE for a member of the Students Islamic Movement of India, with at least 6 arrests, wanting asylum based on persecution.

(9) CLICK HERE for a woman seeking asylum due to an interfaith marriage gone wrong (Islam and Hindu)

(10) CLICK HERE for a blind man being denied to bring his guide dog due to cab driver’s religion.

(11) CLICK HERE for a judicial review (and a well cited case) of an asylum decision.

(12) CLICK HERE for taking Rebel Media to he cleaners for offering commentary deemed offensive.

(13) CLICK HERE for a claim about saying mean words to someone.

http://canlii.org is a free site, available to anyone. You can do actual legal research from here, and research decisions from all over the country. Thing is, no lawyer is necessary.

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UN Finances ”ARMED” Croatian Invasion, Nations Reject Global Migration Pact

(Mastercard and Mercy Corps teaming up)

A recent article seen here, reports an attack on the Croatian border, with some 20,000 economic migrants (sorry, ”refugees”) demanding access and passage to other European nations.

This story, and the Slovenian article provides an explanation as to how these mass ”refugee” moves are being carried out.

Mastercard, for its part, fully admitted in 2016 to providing prepaid credit cards. They partnered with an organisation called Mercy Corps to help coordinate mass migration. Mercy Corps was founded in 1979 as ”Save the Refugees Fund”.

And apparently, financing for this has largely come from George Soros. Not as a humanitarian venture, but as a business venture. See here, and there are many other articles available online.

The 20,000 refugees (mostly military aged men) in the above article were not trying to seek refuge in Croatia. It was merely a transition point, as they wanted to get to Germany or Northern Europe. Those countries have more generous welfare.

This actually does answer a big question. People had been wondering why all of these so-called ”refugees” all had new clothes, phones, and looked so well cared for. The invasions had been paid for by credit cards.

The U.N., starting on this page, does answer at least 5 more questions.

First, the U.N. is directly responsible for aiding and abetting the 7,000 strong migrant ”caravan” travelling from Honduras to Guatemala to Mexico, with the intention of demanding access to the United States. This was covered in this article.

Second, the U.N. knows full well that these ”refugees” are attempting to enter illegally, and in essence, overwhelm the host country. More to the point, the U.N. doesn’t care.


The United Nations Migration Agency, IOM, is providing support and assistance to migrants crossing Central America in several self-styled caravans, while expressing concern over “the stress and demands” they are placing on host countries.

All migrants must be respected, regardless of their migratory status – IOM Chief of Mission in Mexico

Third, one of the U.N.’s directives is ensuring that people have some form of identity documents, and getting them issued from the host country. While this sounds great at first, keep in mind the U.N. doesn’t care if the people it moves around are actual refugees. So the U.N. likely wouldn’t put much effort into determining if they are getting identity documents for who the people really are.

Fourth, the U.N. makes it clear that they support fraudulent cases. A refugee is supposed to seek asylum in the first safe country, not shop around.

Fifth, and most importantly, the U.N. demonstrates repeatedly that it does not respect national borders. That could not be more clear with the Global Migration Compact. The U.N. is an enemy to the individual nation states, the same way the E.U. is an enemy to European nation states.

Send tens of thousands of men to completely different cultures, with: (a) new clothes and phones; (b) fake I.D.; (c) prepaid credit cards. What could possibly go wrong?

But hey, nothing like Trudeau style gender quotas, because it’s 2018.

However, while the above article is bad. Here is some good news. More and more countries are refusing to endorse the U.N. Global Compact for Migration. Once again, the U.N. doesn’t get it.

Australia refuses to sign.

Austria refuses to sign.

Croatia refuses to sign.

Czech Republic refuses to sign.

Hungary refuses to sign.

Italy refuses to sign.

Poland refuses to sign.

The United States refuses to sign

This is 8 right here. Let’s grow the list, and kill the compact completely.

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Ungrateful, Snooty, French President Wants ”E.U. Army” to Protect Against U.S.

(Paris, the last time there was a ”European Army”)

(Macron, lobbying last year for a single European (1) army; (2) budget; (3) tax structure)

(Macron admits France would have voted to leave EU if referendum held)

Where to begin with this one? French President, Emmanuel Macron is calling for the formation of a European Army, to protect Europe from the U.S., Russia and China. He also calls out rising nationalist sentiment in Eastern Europe, such as with Hungary and Poland.

Aside from the the arrogant tone Macron has, there are a number of flaws with this move. I am tempted to classify it as ”satire”.

(1) Macron completely whitewashes France’s history as an imperialistic and colonising power.

(2) The U.S. and Russia helped defend France from a German invasion in World War I (1914-1918).

(3) The U.S. and Russia (the Soviet Union) defeated Hitler and the German army, in World War II (1939-1945). Incidently, France has surrendered after just 6 weeks.

(4) From 1945 to 1989, the U.S. presence kept the Soviet Union from pushing further into Europe. Macron seems to forget about NATO (the North Atlantic Treaty Organization), which both the U.S. and France are part of.

(5) Macron is not the first arrogant French President in this type of case. Charles de Gaulle was a constant embarrassment, and eventually forced NATO headquarters to be removed from Paris, and relocated in Brussels, Belgium.

(6) Macron omits that the U.S. has had tens of thousands of troops in Europe for decades, and could have conquered France at any time.

(7) Macron omits that European nations gutted their military budgets in the 1990s, to focus on social spending.

(8) Macron denigrades ”nationalists”, but those leaders, like Viktor Orban in Hungary are actually very popular. Macron is the one acting against his people’s wishes.

So what is the real motivation for the army? Is it to stamp out any anti-EU factions? Is it to ”expand EU influence” into other regions? Macron is not Napoleon, and France is no longer a military power. Get real.

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Canada Should Leave The U.N. Entirely

(The U.S. leaving the UN Human Rights Council. The violators are part of the council)

(The Hungarian Foreign Minister defending “legal-only” migration)

CLICK HERE, for the main page of the United Nations (in English).

1. Previous Solutions Offered

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

2. Reasons To Dump The UN

The main argument here is that Canada would be MUCH better off as a country if we left the United Nations, permanently. No deals, no special arrangements, no reform, just leave forever.

For the political junkies, take this to heart: traditional arguments of “left v.s. right” are no longer relevant. The choice we must face is the “globalist v.s. nationalist” one. Is Canada a sovereign nation, one that determines its own future, or is it a U.N. colony or puppet state? If Canada is to be a free and independent nation, then the U.N. is the last thing we need. Here are several reasons, each to be explored.

(1) The U.N. Articles are incompatible with free and sovereign nations.
(2) The U.N. destroys borders through political means.
(3) The U.N. destroys borders through direct means.
(4) The U.N. destroys national sovereignty
(5) The U.N. erodes individual cultures and societies.
(6) The U.N. has become a money pit, with the climate change scam
(7) The U.N. funds do not go where they are supposed to
(8) The U.N. “councils” are beyond hypocritical.
(9) The U.N. would just be a bigger version of the E.U.

Of course, this list could be much, MUCH longer. However, the point is to demonstrate that the U.N. is a globalist institution, and that it has no respect for individual nations.

(1) The U.N. Articles are incompatible with free and sovereign nations.

Click here, for the full text, but here are some worth noting:

Article 8
The United Nations shall place no restrictions on the eligibility of men and women to participate in any capacity and under conditions of equality in its principal and subsidiary organs.

This is a bit amusing, since many of its members do not believe in women’s rights.

Article 19
A Member of the United Nations which is in arrears in the payment of its financial contributions to the Organization shall have no vote in the General Assembly if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. The General Assembly may, nevertheless, permit such a Member to vote if it is satisfied that the failure to pay is due to conditions beyond the control of the Member.

No money, no vote. Sort of a pay-to-play system.

Article 24
In order to ensure prompt and effective action by the United Nations, its Members confer on the Security Council primary responsibility for the maintenance of international peace and security, and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf.
In discharging these duties the Security Council shall act in accordance with the Purposes and Principles of the United Nations. The specific powers granted to the Security Council for the discharge of these duties are laid down in Chapters VI, VII, VIII, and XII.
The Security Council shall submit annual and, when necessary, special reports to the General Assembly for its consideration.

Article 25
The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter.

So, if 8 nations got together, they could override the nation’s sovereignty. Great idea.

Article 32
Any Member of the United Nations which is not a member of the Security Council or any state which is not a Member of the United Nations, if it is a party to a dispute under consideration by the Security Council, shall be invited to participate, without vote, in the discussion relating to the dispute. The Security Council shall lay down such conditions as it deems just for the participation of a state which is not a Member of the United Nations.

Yes, no joke, you won’t even get a vote if you are not on the council.

Article 41
The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.

Article 42
Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations

If this weren’t the United Nations doing this, it would seem an awful lot like the mafia. There are more clauses, but the point here has been made. Signing on with the U.N. means losing control of your country.

(2) The U.N. destroys borders through political means.
This was addressed in an earlier article. The U.N. does try to push mass immigration (a.k.a. “open borders”) on the rest of the world. The latest effort is the global compact for migration, which would effectively give the U.N. control over the host countries’ borders.

Interestingly, the U.N. site has both a: compact for migration and a compact on refugees. However, the U.N. seems hell bent on pushing migrants.

(3) The U.N. destroys borders through direct means.
It is not enough for the U.N. to destroy borders with political means. The agency also directly aids and abets others, such as the Honduran migrant caravan. The U.N. openly admits helping to help thousands of economic migrants “illegally” get into the U.S.

And they admit it here.

“IOM maintains its position that the human rights and basic needs of all migrants must be respected, regardless of their migratory status,” said Christopher Gascon, UN Migration’s Chief of Mission in Mexico.

In other words, we don’t care if they are illegal economic migrants. How is this not human smuggling? Further, the U.N. has been known to help flood Europe with more than 1 million “refugees” since 2015.

(4) The U.N. destroys national sovereignty
Too many examples to cite, but here are a few from the U.N. website.

(a) If you think Trudeau is bad, gender neutral language is a serious thing here.

(b) The U.N. is big on stopping terrorism, but its efforts are seriously called into question considering how much it pushes migration.

(c) The Human Rights Council has ruled that the French burka ban is a human rights violation. Interestingly, the Council doesn’t mention that being forced to wear it is a human right, or the security risk it poses is an issue.

(d) Of course, it wouldn’t be complete without gender quotas.

(e) Here is some Trudeau style concern for ISIS terrorists.

(5) The U.N. erodes individual cultures and societies.

The U.N pages make many references to respecting religion and culture, particularly on the migration pages. Funny, they never mention assimilation

Throughout its many sections on migration, the U.N. talks about how religions and cultures need to be respected, but notably absent is any expectation to respect the host country. Acceptance has to be a 2-way street.

(6) The U.N. has become a money pit, with the climate change scam
This was covered in a another article. The short story is that the U.N. is knowingly pushing a bogus climate change narrative, in order to extract large amounts of money, for “polluting” with carbon dioxide.

(7) The U.N. funds do not go where they are supposed to
There are many examples, but an infamous one was the oil for food program imposed on Iraq after the 1991 invasion of Kuwait. Under the scheme, Iraq could keep exporting oil, and the proceeds were supposed to help the citizenry. However, the program served largely to enrich Saddam Hussein and his family, while leaving the population in poor conditions.

(8) The U.N. “councils” are beyond hypocritical.
This was alluded to in the video at the start.
Members with the worst human rights records are part of the Human Rights Council. See here for the 2018 list. The list includes: Afghanistan, Indonesia, Iraq, Libya, Nigeria, Pakistan, Sri Lanka, U.A.E., and others

The U.N. Status of Women Council is just as big a joke. Their membership, elected for 4 year terms, includes: Algeria, Congo, Kenya, Iraq, Iran, Qatar, Saudi Arabia, and others.

The Human Rights Council is filled with member states who don’t believe in human rights. The Status of Women Council is filled with member states who don’t believe women should have equal right. Kind of flies in the face of the U.N.’s own declarations.

(9) The U.N. would just be a bigger version of the E.U.
Where to start here. The E.U. triggered Article 7 of the Lisbon Treaty against both Hungary and Poland for rejecting “migrant quotas”, which would strip them of their voting rights. Yes, Poland and Hungary might lose voting rights for daring to say that “they” will choose who lives in their own countries.

Italy has had its budget blocked by the EU. Yes, the democratically elected government needs to get approval of their own budget. Brexit was a rejection of E.U. controls, and Nigel Farage addresses it well.

While there are too many examples to cite, the point with #9, is that the European Union effectively destroys the sovereignty of the European States. The U.N. would just be a global example of the same problem.

3. Does The UN Serve Any Purpose?

I would argue, yes, to a point. However, we need to be concerned with our borders, and the sovereignty of our national policies. Becoming a province of the U.N. will only destroy Canada, as will flooding our borders with migrants (the U.N. doesn’t pretend they are refugees at times).

As for worthwhile causes, it would be better to decide for ourselves on a case by case basis whether to add any funding, or to send any personnel.

The battle for Canada will not be Left v. Right, or of Liberal v. Conservative, or of Poor v. Rich. It will be of Globalism v. Nationalism. As such, Canada should get the heck out of the U.N.

Canada for Canadians.

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TSCE #2: ”Migrant Caravan” Lawyers Sue For Right to Legally Invade U.S.

(Well organized and well funded economic migrants planning to invade the U.S. en masse. Original videos are here and here.)

1. Trafficking, Smuggling, Child Exploitation

CLICK HERE, for TSCE #1: series intro and other listings.

2. The Court Challenge

Liberals tend to deflect legitimate questions as ”language”
Liberals and open-border globalists do this regularly. When asked direct questions they usually deflect rather than give direct answers. They don’t challenge the facts, but rather play word games, calling it ”fearful and divisive language”.

Now, to the obvious. These are not refugees at all. They are economic migrants, who are well organized, trying to get into the U.S. This is an invasion, one that has clearly been thought through. As you can see in the videos, they have supplies waiting for them at the end of each day, and for ”refugees”, they look like they have have a good life.

Just when the story couldn’t get more absurd, thehill.com released this article, showing that a lawsuit had actually been filed on behalf of the so-called refugees. Being a class action lawsuit, it opens the door for many more plaintiffs. We will go through the main points.

For this to make any sense, at least 5 completely wrong assertions must be correct:

(1) That everyone in the world has the right to come to the United States and claim asylum. Not to the first safe country available, but to the U.S. specifically.

(2) That the protections of U.S. law, such as the 5th amendment apply to everyone, everywhere. You don’t have to be a citizen, or legal resident, or even on U.S. soil.

(3) That obviously fraudulent claims for asylum must be taken seriously.

(4) That so-called ”refugees” can send their kids ahead and demand the U.S. provide for them. Or even more generally that the U.S. must financially provide for anyone who enters.

(5) That the U.S. does not have the right to have sovereign borders, regardless of security threats.

As an aside, it cannot be overstated that the overwhelming majority are not refugees. Many openly admit they are coming for a better life, and better employment prospects. Further, given the amount of support they have on the journey, and a legal team filing suit in the U.S., the claims are absurd.

3. Claim: Anyone Can Enter U.S.

Lawyers for the invading economic migrants submit that:

Trump’s professed and enacted policy towards thousands of caravanners seeking asylum in the United States is shockingly unconstitutional. President Trump continues to abuse the law, including constitutional rights, to deter Central Americans from exercising their lawful right to seek asylum in the United States, and the fact that innocent children are involved matters none to President Trump.

See the U.S./Canadian safe country agreement as an example. Refugees are expected to apply for asylum in the first safe country they reach.

This ”caravan” originated in Honduras. The migrants then travelled through Guatemala, making it the country they should have filed for asylum in. But they never did. They then forced their way into Mexico, which would be the second country they arrived in. Mexico in fact offered asylum and work permits, but the offer was rejected.

This group is not seeking a safe country. They are ”shopping” for a richer one, one with more handouts and benefits. They are not refugees, but economic migrants.

As an aside, the same thing is happening in Canada. Our ”Paper Canadian” and FGM apologist of an Immigration Minister, gets offended when people point out that ”refugees” from the U.S. are just economic migrants.

4. Claim: 5th Amendment Applies

Lawyers for the invading economic migrants submit that:

This case arises under the Fifth Amendment to the United States Constitution, the Administrative Procedures Act (APA), and the Declaratory Judgment Act,
inter alia
.
. The court has subject matter jurisdiction under 28 U.S.C. § 1331. 7. Personal Jurisdiction is proper because Defendants transact business in this District and thus are subject to personal jurisdiction in this Court.
Case 1:18-cv-02534 Document 1 Filed 11/01/18 Page 7 of 32
VENUE
8. Venue is proper under 28 U.S.C. § 1391 because at least one of the Defendants is subject to personal jurisdiction in this district with regards to this action.

Information on the 5th Amendment is given here, but in laymen’s terms, it provides many legal protections to people.

But here, the lawyers claim that the group, who isn’t even on U.S. soil. It says that they ”transact business” and at least ”one person is subject to personal jurisdiction.” This is incredibly vague, and again, being a class action suit allows for many more plaintiffs to join in.

The U.S. Constitution is meant to provide legal protection to people inside the U.S., preferably there legally. But this argument suggests that anyone wanting to go to the U.S. should get the same protections.

5. Claim: Must Take All Seriously

Lawyers for the invading economic migrants submit that:

Immigrants who indicate an intention to apply for asylum or indicates a fear of persecution must be referred for a “credible fear interview”:
.
If an immigration officer determines that an alien (other than an alien described in subparagraph (F)) who is arriving in the United States or is described in clause (iii) is inadmissible under section 1182(a)(6)(C) or 1182(a)(7) of this title and the alien indicates either an intention to apply for asylum under section 1158 of this title or a fear of persecution, the officer shall refer the alien for an interview by an asylum officer under subparagraph (B). 8 U.S.C. § 1225 (b)(1)(A)(ii).
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Following a credible fear interview, if an asylum officer determines that an asylum seeker has a “credible fear of persecution,” then there is a significant possibility that the asylum seeker will be granted asylum

Many videos of these ”refugees” are available on YouTube. They openly admit that they are going to the United States for economic reasons, such as work and social services. Not having a job, or poor living conditions are not valid grounds for claiming asylum.

Interesting to note: If all these migrants were going to the U.S. for a better life, doesn’t it refute this claim, that so-called refugees coming to Canada from New York or Minnesota are doing so fraudulently?

6. Claim: U.S. Is Obligated To Pay For The Children Of The Invaders

Lawyers for the invading economic migrants submit that:

The care and custody of minors in Immigration Custody is controlled by the Flores Agreement, a copy of which is attached hereto as Exhibit 1. That agreement applies to all minors, including those who are taken into custody with their parents. Flores v. Lynch, 828 F.3d 898 (9th Cir. 2016). That agreement provides that minors must be held in facilities run by licensed programs and that are “safe and sanitary and are consistent with [Defendants’] concern for the particular vulnerability of minors.” Ex. 1, ¶¶ 12.A, 14. These facilities must “provide access to toilets and sinks, drinking water … adequate temperature control and ventilation adequate supervision to protect minors from others, and contact with family.”

While the Flores Agreement does set out certain conditions to be met, it seems that the invading migrants are taking full advantage of it. Arguably the children are being used as weapons, as ways for arm twisting to get more benefits. The adults will of course, demand to be locked up with their children.

The Flores Agreement was never meant to be used as a tool to facilitate mass illegal immigration, but that is exactly what the lawyers are trying to do.

7. Claim: U.S. Has No Border Rights

Lawyers for the invading economic migrants submit that:

On top of the above, Trump has repeatedly professed that the caravan people will not get into this county, and just as significant, Trump has taken meaningful steps to ensure the world that this is his policy position/initiative, meaningful steps such as deploying thousands of active military troops to the border, waiting on caravan persons to arrive. The legal problem with Trump’s plan to stop caravan persons from entering this country is that Plaintiffs are seeking asylum, and Trump simply cannot stop them from legally doing so by using military, or anyone.

Interesting claim. The U.S. apparently has no right to defend its own border by this logic. Anyone can come into the country. Anyone can take children and demand free food and accomodation. And it doesn’t matter how many people come, and if it completely overwhelms the immigration system. The rights of America to defend itself don’t seem to matter.

8. How Does This Play Out?

Unclear, at least to me. The lawsuit seems bogus on its face, makes bizarre claims, and is openly contradicted by the ”refugees” themselves.

The invaders’ lawyers repeatedly conflate laws meant to protect people inside the U.S. with those wanting to enter the U.S.

One additional detail, the suit seems to want to cover anyone who will attempt to cross at a later date:

Plaintiffs seek to represent the following class:
All persons (1) who are Mexican, Central American, or South American citizens (2) who are travelling to the United States or have attempted entry into the United States, whether at a designated port of entry or not, since October 31, 2018, and (3) who are seeking asylum or intending to seek asylum within the United States

To be clear, not only will this not be the last ”caravan” to try to enter the U.S., but at least 2 more are up already.

Trump’s best move would be to send as many troops to the border as needed and repel this invasion at all costs. Open fire if need be.

Update to the Story:
By it’s own admission, the United Nations is actually helping the “caravan”. In essence, it is helping the economic migrants INVADE the United States.

The United Nations Migration Agency, IOM, is providing support and assistance to migrants crossing Central America in several self-styled caravans, while expressing concern over “the stress and demands” they are placing on host countries.

All migrants must be respected, regardless of their migratory status – IOM Chief of Mission in Mexico

The U.N. needs to go entirely. More on that in an upcoming article.