Recent Posts

Posted on

Unifor Denies Crawling Into Bed With Government

(The new release from the Federal Government)

(Not surprising, the endless pandering about the “wage gap”)

1. The Media Is Not Loyal To The Public

Truth is essential in society, but the situation in Canada is worse than people imagine. In Canada (and elsewhere), the mainstream media, periodicals, and fact-checkers are subsidized, though they deny it. Post Media controls most outlets in Canada, and many “independents” have ties to Koch/Atlas. Real investigative journalism is needed, and some pointers are provided.

2. Fall 2018 Economic Update

economic.update.2018

The good part starts on page 40 of the Update. It has to do with “Support For Canadian Journalism”

Here is the problem that the Canadian Government identifies:

In recent years, changes in technology and in the way that Canadians consume news have made it difficult for many news outlets to find and maintain financially sustainable business models. At a time when people increasingly get their news online, and share news and other content through social media, many communities have also been left without local news outlets to tell their stories. Concerns have been expressed that, without government intervention, there may be a decline in the quantity and quality of journalism available to Canadians, including a significant loss of local news coverage.

In November 2018, the Prime Minister, together with other world leaders, committed to take action to support a strong and independent news sector in the digital age. The Government recognizes the vital role that local journalism plays in communities all across the country, and is committed to finding ways to help keep people, and communities, connected through local news providers

Yes, that is correct. The Government realizes that in modern times, the old format of news (large offices and staff), has become obsolete, and financially unviable. This is particularly true in the age where anyone with a laptop and a camera can post online and gain a substantial following.

CanuckLaw itself is run on a shoestring budget, with little expenses. So yes, it is easy to sympathise with those who have had a lengthy career in media.

However, this is the new reality. Media itself is reducing the barriers to entry where literally anyone can be a contributor online. Rather than maintaining a monopoly (or near monopoly) on news, major outlets are facing strong competition from a population who can drastically undercut it. Further, these people will have no loyalty to any political party or government. This is good for a free and open media.

However, the Federal Liberals have decided that propping up the media financially is a better idea.

Access to Charitable Tax Incentives for Eligible News Organizations

Budget 2018 announced that the Government would explore new models that would enable private giving and philanthropic support for trusted, professional, non-profit journalism, including local news. To that end, the Government intends to introduce a new category of qualified donee, for non-profit journalism organizations that produce a wide variety of news and information of interest to Canadians. As qualified donees, eligible non-profit journalism organizations would be able to issue official donation receipts, which allows donors to benefit from tax incentives for charitable giving (including the Charitable Donations Tax Credit for individuals and deductions for corporations). As qualified donees, these organizations would also be eligible to receive funding from registered charities.

A New Refundable Tax Credit to Support News Organizations

To further support news journalism in Canada, the Government intends to introduce a new refundable tax credit for qualifying news organizations. This new measure will aim to support Canadian news organizations that produce a wide variety of news and information of interest to Canadians. The refundable credit will support labour costs associated with producing original news content and will generally be available to both non-profit and for-profit news organizations. An independent panel will be established from the news and journalism community to define eligibility for this tax credit, as well as provide advice on other measures. Once established, the effective date of the refundable tax credit will be set for January 1, 2019.

A New Non-Refundable Tax Credit for Subscriptions to Canadian Digital News Media

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

Yes, the government will be spending about $595 million over 5 years, $119 million annually, to prop up dying media outlets.

The story is explained by Candice Malcolm, but in a nutshell, Unifor, the union which represents — among others — 13,000 media workers, is officially committing to opposing the Federal Conservative Party.

This of course raises a huge red flag. A union that will be taking $120 million/year to subsidise failing media outlets is officially opposing the government’s main opposition party.

In fact, this arguably violates the Conflict of Interest Act. A political party using their power to award public funds to an industry, namely media, who can promote their interests.

3. Conflict Of Interest

4 For the purposes of this Act, a public office holder is in a conflict of interest when he or she exercises an official power, duty or function that provides an opportunity to further his or her private interests or those of his or her relatives or friends or to improperly further another person’s private interests.
Marginal note:

General duty
5 Every public office holder shall arrange his or her private affairs in a manner that will prevent the public office holder from being in a conflict of interest.
Marginal note:

Decision-making
6 (1) No public office holder shall make a decision or participate in making a decision related to the exercise of an official power, duty or function if the public office holder knows or reasonably should know that, in the making of the decision, he or she would be in a conflict of interest.

It sounds harsh. However, from the literal wording in the Conflict of Interest Act, the subsides and political allegiance do appear to violate it.

4. Interview With Howard Law Of Unifor

On Friday, November 23, Unifor representative Howard Law did return a phone call for an interview. Here is a summary of that interview.

(a) The subsidies are meant to keep jobs from being lost, and to prop up sections of the media that are becoming unviable with technology changes.
(b) There is no deal of any kind to provide favourable coverage to any political party.
(c) Unifor, the union, promotes progressive causes all the time. They do not oppose any party because of financial considerations like what people suggest here.
(d) The media workers will continue to operate objectively.

While Mr. Law’s comments are reasonable on the surface, there is still no question that this at least appears to be a form of bribery. Governments handing millions of dollars to a friendly media reeks of propaganda and corruption.

But for now we will wait and see what comes of this.

Posted on

Canada’s Private Members’ Bills: Pandering on Your Dime

(All of the Canadian Parliament’s Bills are online)

Are you concerned about your tax dollars being wasted? Do you suspect that parliament is doing nothing productive? Uncertain about the endless pandering on your dime? Well, let me tell you …

…you are exactly right about that.

Let’s take a stroll through the index of pending legislation for this 42nd session of Parliament, and see exactly what our honourable Members of Parliament have been up to. Examples of some of the “less urgent” matters to be discussed. Here are some of the honourable mentions.

CLICK HERE to get a good look at all of the: (1) Government; (2) Private Member; and (3) Senate bills of the 42nd session of parliament.

(1) CLICK HERE, for bill C-210, a bill to ensure a gender-neutral national anthem. Royal Assent February 7, 2018.

(2) CLICK HERE, for Bill C-216, to designate October 15 as National Perinatal Bereavement Awareness Day. First reading.

(3) CLICK HERE, for Bill C-231, to establish a National Food Waste Awareness Day. First Reading.

(4) CLICK HERE, for Bill C-237, Gender Equity in Elections. First Reading.

(5) CLICK HERE, for Bill C-306, establishing May 18 as Crimean Tatar Deportation Awareness Day. First Reading.

(6) CLICK HERE, for Bill C-309, to designate the 4th week of Sepember as Gender Equality Week. Royal Assent June 21, 2018.

(7) CLICK HERE, for Bill C-317, to designate October as Hispanic Heritage Month. First Reading.

(8) CLICK HERE, for Bill C-318, to designate June 2nd as Indian Residential School Reconciliation and Memorial Day.

(9) CLICK HERE, for Bill C-361, to make National Aboriginal Day an official holiday.

(10) CLICK HERE, for Bill C-376, to designate April as Sikh Heritage Month. Third Reading.

(11) CLICK HERE, for Bill C-386, to make September 30 Orange Shirt Day: A Day for Truth and Reconciliation. First Reading.

(12) CLICK HERE, for Bill C-391, an act to develop a strategy for repatriating Aboriginal remains. Second reading.

(13) CLICK HERE, for Bill C-393, to exempt Quebec from the National Multiculturalism Act. Actually, this one makes sense. First reading.

(14) CLICK HERE, for Bill C-403, to designate November as Diabetes Awareness Month. First reading.

(15) CLICK HERE, for Bill C-416, to designate October as Hindu Heritage Month. First reading.

(16) CLICK HERE, for Bill S-215, to raise the penalties (or at least consider it an aggravating factor), if the victim of a crime is an Aboriginal woman. Third reading.

(17) CLICK HERE, for Bill S-218, to designate October as Latin American Heritage Month. Royal assent June 21, 2018.

(18) CLICK HERE, for Bill S-222, to advance Canada’s linguistic plurality. First reading.

(19) CLICK HERE, for Bill S-232, to establish May as Canadian Jewish Heritage Month. Royal Assent March 29, 2018.

(20) CLICK HERE, for Bill S-241, to designate February 21 as International Mother Language Day. First Reading.

(21) CLICK HERE, for Bill S-244, to designate the 3rd week of February as Kindness Week.

(22) CLICK HERE, for Bill S-255, designating August 1 as Emancipation Day.

To Summarise Our New “Days” and “Months”
February (3rd Week) – Kindness Week
February 21 -International Mother Language Day
April – Sikh Heritage Month
May – Canadian Jewish Heritage Month
May 18 – Crimean Tatar Deportation Awareness Day
June 2 – Indian Residential School Reconciliation and Memorial Day
June 21 – National Aboriginal Day
August 1 – Emancipation day
September (4th week) – Gender Equality Week
September 30 – Orange Shirt Day, a Day For Truth and reconciliation
October 15 – National Perinatal Bereavement Awareness Day
October- Hindu Heritage Month
October – Latin American Heritage Month
November – Diabetes Awareness Month

Looks like the calendar is about to become a lot more full. Good thing there aren’t REAL ISSUES that could be discussed.

More to come, but this article strictly dealt with “pandering” bills.

Posted on

Critical Thinking #3: “C.T. Skills For Dummies”, (Review)

(Critical Thinking Skills for Dummies, by Martin Cohen)

This is the third publication we come to regarding critical thinking. It is one of the “For Dummies” books, appropriately called, “Critical Thinking Skills”. Great for anyone looking to expand their thought process. Here are some highlights.

An interesting claim the author makes is that critical isn’t about putting arguments and debates into formal language, but rather to look at issues in the real world, and offer practical solutions. This is different from both the Reed article and the Johnson/Blair book , which did focus on debate. Further, this book promotes the idea that critical thinking is about developing and refining skills, rather than focusing on specific facts.

This book does put more of a “what can we do about” emphasis than the other 2 publications. Applying the skill of critical thinking is a nice approach to take.

There is a section on Nazi propaganda. The short version is that appealing to emotion, rather than to factual and logical premises can lead people to very destructive results. Of course this was not to endorse the ideology, but to show how emotional reasoning can undermine truth and reality.

Spotting and debunking fallacies is a theme throughout the book. Examples are given of information that often cannot lead to the supposed conclusions. Here, dogs, children and toys are used to simplify the examples.

Arguments often contain much irrelevant, or contradictory information, so being able to dissect this makes for a much more coherent conclusion and response.

The book starts off more generally, but goes deeper and deeper into critical thinking. Rather than bombarding with information, it focuses on deconstructing then reconstructing ideas. It also uses puzzles to showcase mental blocks and assumptions that people often make.

A chapter describes hierarchies of Knowledge (triangles or pyramids).
One is: Knowledge, Comprehension, Application, Analysis, Synthesis, Evaluation
Another is: Remembering; Understanding; Applying; Analysing; Evaluating; Creating

There is a brief section on challenging scientific evidence on a number of grounds: (I) Is the evidence adequate? (II) Does the evidence prove the conclusion? (III) Causation or just correlation? (IV) Conflicts of interest from the people presenting it.

A Brief Outline of the Book
Chapter 1: Entering the CT world
Chapter 2: Peering into the mind
Chapter 3: Planting ideas in your head
Chapter 4: Assessing your skills
Chapter 5: Reasoning by analogy
Chapter 6: Circular reasoning
Chapter 7: Using drawings
Chapter 8: Knowledge Hierarchies
Chapter 9: Getting to the heart of the matter
Chapter 10: Critical writing skills
Chapter 11: Speaking and writing critically
Chapter 12: Logic of real arguments
Chapter 13: Behaving rationally
Chapter 14: Persuasion and rhetoric
Chapter 15: Evidence to justify opinion

The book does point out some techniques used which are meant to circumvent logical thinking, such as: (a) Everyone else is doing it; (b) Be like your hero; (c) Trust me; (d) Weasel words; (e) Flattery; (f) Warm and fuzzy

Note: A more expanded version of that list can be found on John T. Reed’s website. These are some of the many intellectually dishonest debate tactics that are used in the absence of arguing fact or logic.

As with the previous 2 articles, critical thinking is an essential part in laws and policies. This features not only in how they are drafted, but how they are applied, and at times challenged. Knowing the reasoning behind laws and policies will help form stronger arguments both for and against them.

Related Publications
CLICK HERE, for Critical Thinking #1, Honest v.s. Dishonest Debate Tactics by John T. Reed.

CLICK HERE, for Critical Thinking #2, Logical Self Defense, by Johnson & Blair

Any of these works: the Cohen book, the Johnston/Blair book, or the Reed website are well worth reading. The books are tedious, but rewarding reads. The website is a pretty quick skim. Rather than focusing on facts, their goal is to help the reader be more critical in the information they consume. Despite their different approaches, they promote similar goals.

Posted on

Poly #2: Liberal MP Stephen Fuhr

(Kelowna-Lake Country M.P. Stephen Fuhr)

It would be nice to actually talk to a government M.P. Kelowna-Lake Country M.P. Stephen Fuhr is not too far from here. With the ongoing matters, particularly with the Canada Post legislation, he has been away from home. Anyway, this was done to gain information on 5 topics

(a) Bill C-71 (firearms)
(b) Bill C-75 (criminal code)
(c) Bill C-76 (elections)
(d) UN Global Migration Compact
(e) Supply Management

I did email him 5 questions. Questions are in regular text, answers are in bold/italics:

Hello

I had some some questions/concerns about some policies that were ongoing

(1) This Bill C-71, if what I read is right, it looks like re-establishing a gun registry. Is that the case?

With regards to your first question on Bill C-71, the government has been clear we would not re-instate the national long gun registry and have kept that commitment. C-71 fulfills our government’s campaign promise to address gun control and to take action to combat criminal gun and gang violence.

As a result Bill C-71 will make five important changes:

First, it will enhance background checks. It will remove a five-year limitation so an applicant’s full record is considered, helping ensure that those with history of violent or criminal behaviour, or mental illness associated with violence, can’t get a firearms licence.

Second, C-71 will require all sellers to confirm that a buyer’s licence is valid before the purchase of any firearm, including a rifle or shotgun. Oddly, that’s currently voluntary under the law, and only mandatory for restricted and prohibited firearms. While many still ask, by law retailers only need to have “no reason to believe” the buyer does not have a valid licence.

To be clear, it’s the buyer’s license, not the firearm, that’s being verified. This is not a long gun-registry: no information about the firearm is exchanged.
Third, the legislation will help police investigate gun-related crimes by requiring stores to maintain records of their sales, as was the case in Canada from 1979 until 1995 (and in the United States since 1968). Most already do so for safety and liability reasons, and because it affects their insurance.

Store records are private, not accessible to governments, but police would be able to gain access given reasonable grounds and with judicial authorization as appropriate. These records will help police trace guns discovered at a crime scene and detect trafficking.

Fourth, the bill will ensure the accurate and consistent classification of firearms by RCMP experts in accordance with the technical criteria in the Criminal Code. It repeals Cabinet’s existing authority to overrule RCMP determinations, taking political considerations out of the process.

Fifth, C-71 will bolster community safety in relation to the most dangerous firearms by requiring specific authorizations whenever restricted or prohibited guns (mostly handguns and assault weapons) are moved through the community—except between a residence and an approved shooting range. The rules for transporting non-restricted firearms (such as rifles and shotguns) will not change.

Separately, and in addition, the Government has also taken action to help combat criminal gun and gang violence committing up to $327.6 million over five years, and $100 million annually thereafter, to help support a variety of initiatives to help communities reduce criminal gun and gang crime.

(2) Bill C-75, making terrorism a summary offence? How can that be?

Bill C-75 is a substantive response to the Supreme Court of Canada (SCC) July 2016 decision in R v Jordan, which called on all those within the justice system to work together to address the issue of court delays.

As you may know, the failure of the judicial system to be able to provide justice in a timely manner has resulted in some serious cases being stayed, which many would argue does not make communities feel safer.

Following the decision in Jordan, federal-provincial-territorial ministers and officials collaborated to work on solutions to address delays in the criminal justice system. This bill is intended to bring about a culture shift within the criminal justice system, something the Supreme Court in the 2016 Jordan decision has stressed is required. As the criminal justice system is shared by all levels of government, accordingly, many of the reforms proposed in this legislation reflect collaborative efforts to address court delays, and have been identified as priorities by federal, provincial, and territorial Justice Ministers.

With regard to the legislation and certain offences, it is important for Canadians to know that in deeming certain offences as hybrid offences, the offence remains an indictable offence unless the Crown elects to proceed by way of summary conviction.

In undertaking the Government’s Criminal Justice System Review, the Minister of Justice and her Parliamentary Secretary held Canada-wide roundtable discussions in every province and territory with justice system partners and interested parties. Participants also included victim advocates, restorative justice proponents, representatives of front-line community support systems, and importantly, representatives from areas such as health and mental health, housing, and other social support systems. In these meetings, participants raised pressing issues about the criminal justice system.

With this legislation, our Government is taking an important step forward to act on what we heard and create a criminal justice system that is just, compassionate, and timely and reflects the needs and expectations of all Canadians

(3) Bill C-76, getting rid of voter ID requirements….? Again, hoping that I am reading this wrong

On the issue of voter identification and Bill C-76, the bill will reintroduce the Voter Information Card as a piece of identification someone can use when they vote. We encourage you read the following Baloney Meter article which provides more information on the importance of the Voter Identification Card: https://www.ctvnews.ca/politics/baloney-meter-is-voter-information-card-a-doorway-to-electoral-fraud-1.3933707 .

(4) Also, there is the UN global migration compact that I keep hearing about. Why the heck would we even consider giving our sovereignty to the UN?

With regards to the Global Compact for Safe, Orderly and Regular Migration, there is a great deal of misinformation and misunderstanding surrounding this issue and we wish to dispel the myth that Canada’s borders are open; our borders are secure, ensuring an orderly migration system that protects the safety of Canadians while respecting our international obligations to legitimate asylum seekers.

In light of your concerns, we encourage you to read the following column written by our Minister of Immigration, Refugees and Citizenship, Minister of International Development, and Canada’s UNHCR Representative: https://www.macleans.ca/opinion/why-canada-will-lead-the-charge-on-the-uns-global-refugee-plan/ .

Canada has a longstanding history of welcoming refugees and people in need from around the world, including some of the world’s most vulnerable people trapped in often unsafe or violent situations in their home country that are outside of their control. As the number of displaced persons reaches unprecedented levels, the Government of Canada remains committed to upholding its humanitarian tradition to resettle refugees and offer protection to those in need.

(5) When NAFTA was getting renegociated, Trump made comments about how our dairy industry is rigged to prevent competition. Is this true, and doesn’t that violate the principle of free trade? It’s infuriating that my food costs twice what it should

Finally, with regard to your question about supply management and the cost of dairy products for Canadian consumers, our dairy industry sustains 221,000 Canadian jobs and contributes $19.9 billion to our GDP and for that reason the government remains committed to maintaining Canada’s supply management system. That being said, through Canada’s commitments under the WTO, CETA, CPTPP, and USMCA, Canadian farmers and processors maintain approximately 90% of the Canadian dairy market, while foreign dairy suppliers will have the opportunity to compete for a share of the Canadian market equivalent to approximately 10% of Canadian milk production. In this way we support our farmers and processors, maintain consumer confidence that the dairy products they consume are made in Canada, while giving consumers more choice through a more competitive market place.

Some clarity on these would be nice.

Thanks
Alex

Thank you again for writing to Mr. Fuhr. We trust that this information will be useful in addressing your concerns.

Sincerely,

The Office of Stephen Fuhr, CD, MP

Member of Parliament for Kelowna-Lake Country
Room 313 Justice Bldg.| Ottawa, ON, Canada K1A 0A6
Email: stephen.fuhr@parl.gc.ca
Tel: 613.992.7006 | Fax: 613.992.7636

While Mr. Fuhr did send a lengthy email back, there were some positives and negatives. Regarding the UN Compact, I was directed an article the Immigration Minister submitted to Maclean’s magazine.

It is nice to get information straight from the source, but the article reads like a puff piece, that glosses over many legitimate questions about the compact. Indeed, for such a project to even be considered, a lot of details need to be worked out and then disclosed. Here is my followup email to Mr. Fuhr’s office (in italics).

Note: If and when a response ever comes, it will be posted in its entirety.

Hello,

Yes, it was informative, in some sense. But with regards to the UN global migration pact, I actually found the content of the Macleans article to be more alarming.

(1) The immigration minister keeps referring to ”refugees”, yet the UN compact keeps referring to ”migrants”. This seems to be a blurring of the lines here. Are we taking refugees, or migrants? Further, how many do you plan to take?

(2) As with people coming across the border from New York and Minnesota, Hussan got offended at the notion these were ”economic migrants”, calling it ”divisive”. However, once you travel from one safe country to another, then they are in fact economic migrants. It is an accurate description.

(3) Europe, in particular, Germany and Angela Merkel, has had lots of problems with this issue since 2015. How would this be different?

(4) There seems to be little mention in the UN compact of assimilating to the host culture.

(5) There is no real mention in the UN compact of screening or background checks. Ibrahim Ali rings a bell.

(6) There is no mention of how the host country would meet these costs.

(7) While the Macleans article referenced work and entrepenuership, the UN compact makes little mention of work or self-sustaining. Would Canada expect they work, or is it welfare?

(8) The Macleans article promotes Middle East/Africa as locations. However, given treatment of women/LGBTQ, as well as FGM, honour killings, etc…. in those locations, how can we ensure the safety of Canadians?

(9) What health measures are in place to prevent any possible infectious diseases? There is always that risk from any foreign travel.

(10) As for sovereignty, are we in control of our country, or does the UN call the shots?

Far from being re-assuring, the lack of detail in the compact, and from the immigration minister make me wonder what exactly we are getting into. Does this not cause concern that we are signing over our sovereignty for something so vague?

Alex

At the time of publication, this followup had been sent to his office 5 days prior. Again, any response will be posted. And if he agrees to a telephone or in person meeting, the full content will be disclosed.

Posted on

Kevin O’Leary Sues Elections Canada Over Fundraising Limits

(Kevin O’Leary, former candidate for CPC, to replace Stephen Harper)

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

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

CBC published an article announcing that former Conservative Party leadership candidate, Kevin O’Leary, is suing Elections Canada over ruling relating to how he can pay back campaign debt. During the election campaign, O’Leary accumulated about $2,000,000 in debt. Approximately $400,000 is still outstanding.

Kevin-O-Leary

A quote from the article states that:

In his claim, O’Leary said that it is proving too difficult to raise the necessary funds in the three-year timeframe set by Elections Canada laws because people are understandably “uninterested” in contributing to a failed campaign that is long over.

He has a good point. No one would be interested in contributing to a political campaign that has long since ended. So it does posse serious challenges for him to do so.

Further, the article raises an interesting question:

“If you’re out of the race, and you’re not a politician any more and you owe money to a fellow citizen, where is it right that the law protects you from ever paying it back? That’s un-Canadian. That’s unconstitutional. That’s simply wrong,”

Again, this is valid. O’Leary’s brief political career is finished. He claims to never wish to run for office again, so what is the issue with him simply paying the debts and moving on with his life? O’Leary states that he has the funds available to do so, but is prohibited from doing so under the Canada Elections Act.

The claim filed is available here, and let’s go through some of the better arguments.

Regarding the applicable laws, the claim states:

1. A declaration that subsections 367(1)(d), (6) and (7), 478.756), and 500(1) of the Canada Elections Act, SC. 2000, c. 9 (the ?Act?) (collectively referred to herein as the impugned provisions) infringe on and deny the rights and freedoms guaranteed by sections 3 and 7 of the Canadian Charter of Rights and Freedoms (the Charter)

and are not saved by section 1 thereof;

2. A declaration that, insofar as the impugned provisions infringe on and deny the rights and freedoms guaranteed by sections 3 and/or 7 of the Charter and cannot be justified under section 1 of the Charter, those provisions are invalid and of no force and effect, to

the extent of the inconsistency;
3. In addition, or in the alternative:

a. A declaration that the impugned provisions violate the constitutional principle of the rule of law, which requires that laws be written and interpreted according to an intelligible legal standard that gives individuals fair notice of the conduct that will

attract imprisonment by the state;

b. A declaration that, insofar as the impugned provisions fail to meet the constitutional standard of legislative precision required by the rule of law, these provisions are invalid and of no force and effect or, in the alternative, must be read down so as to

satisfy this standard;

Okay, let’s dissect this word salad. O’Leary claims that portions of the Canada Elections Act, violate several provisions of the Canadian Charter. The “reasonable limitation is the Charter (section 1) would not apply and justify the C.E.A. Further, he implies that the C.E.A. is written in a too confusing standard to be followed.

Here is the Canada Elections Act.

Contribution limits
367 (1) Subject to subsection 373(4), no individual shall make contributions that exceed

(a) $1,500 in total in any calendar year to a particular registered party;
(b) $1,500 in total in any calendar year to the registered associations, nomination contestants and candidates of a particular registered party;
(c) $1,500 in total to a candidate for a particular election who is not the candidate of a registered party; and
(d) $1,500 in total in any calendar year to the leadership contestants in a particular leadership contest.

Contributions — candidates and leadership contestants
(6) Subject to subsection (7), no candidate in a particular election and no leadership contestant in a particular leadership contest shall make a contribution out of their own funds to their own campaign.
Marginal note:

Exception — certain contributions to own campaign
(7) The following contributions are permitted:
(a) contributions that do not exceed $5,000 in total by a candidate for a particular election out of their own funds to their own campaign; and
(b) contributions that do not exceed $25,000 in total by a leadership contestant in a particular leadership contest out of their own funds to their own campaign.

Okay, 367(1)(d) has to do with individuals making contributions being limited to $1,500 per year to any leadership contestant. Sections (6) and (7) have to do with overall individual limits. It is definitely reasonable that there should be contribution limits, in order to avoid having candidates “BOUGHT AND PAID FOR”. However, should that apply to former candidates who have since moved on.

3 potential counter arguments against O’Leary though:
(a) What if a person “hasn’t” moved on, and intends to use this relief for future campaigns?
(b) Would removing this cap be an end-run around spending limits?
(c) Would this restriction be necessary to ensure “smaller candidates” get a fair shot?

There is no 478.756 in the Canada Elections Act. It appears to be a type in the claim. However, this is the provision that I believe O’Leary was referring to. That is 478.75.

Payment within three years
478.75 (1) If a claim for a leadership campaign expense is evidenced by an invoice or other document that has been sent under section 478.74, or if a claim for repayment of a loan is made to the leadership contestant under section 373, the claim shall be paid within three years after the day on which the leadership contest ends.

Once more this seems to make a good point. The C.E.A requires repayment within 3 years. However, if former candidates must: (I) pay in 3 years or less; (II) are not actually able to raise more donations because they are not running; and (III) have strict limits as to how much of their personal wealth they can use, then there seem to be few, if any options.

Now, for section 500 of the C.E.A.:

Marginal note:
Punishment — strict liability offences
500 (1) Every person who is guilty of an offence under any of subsections 484(1), 486(1), 489(1), 491(1), 492(1), 495(1), 495.1(1), 495.2(1), 496(1), 497(1), 497.1(1), 497.2(1), 497.3(1), 497.4(1), 497.5(1) and 499(1) is liable on summary conviction to a fine of not more than $2,000 or to imprisonment for a term of not more than three months, or to both.

I’m not going to quote the entirety of Section 500. The point is that O’Leary is correct, the C.E.A. does in fact threaten jail time as a punishment for failing to comply.

One the surface, Kevin O’Leary’s claim seems to be valid, given the strict rules the C.E.A. sets out. But let’s now check out the Canadian Charter of Rights and Freedoms which the lawsuit references as relief.

Democratic rights of citizens
3. 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.

Life, liberty and security of person
7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

Rights and freedoms in Canada
1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

O’Leary makes the argument that fairly large campaigns are necessary to be elected as part of a legislative assembly. Without debating the merits of “big money”, it is a fact. Campaigns and elections are expensive to run.

Section 7 has to do with punishments, which Section 500 of the C.E.A. establishes can be up to 90 days in prison for violating provisions of the act.

Section 1 is often invoked as a “reasonable justification” for restricting Charter rights. Obviously, in order to restrict, there must be some societal overall good. While Elections Canada will obviously argue differently, O’Leary is attempting to preempt the defence by stating there is none.

Thoughts And Conclusions
Obviously, this is only beginning. The claim has been filed, but no response or defence has yet been made.

On the surface, the claim makes valid points. O’Leary, like all Canadian citizens, is allowed to run for any legislative assembly or body he wishes to. Today’s reality is that campaigns are long, expensive, and a financial drain to run. However, candidates may find themselves hamstrung by campaign finance rules, which seem overly complex and tedious.

As stated earlier, I see a few possible defences for Elections Canada
(a) What if a person “hasn’t” moved on, and intends to use this relief for future campaigns?
(b) Would removing this cap be an end-run around spending limits?
(c) Would this restriction be necessary to ensure “smaller candidates” get a fair shot?

Politicians (and aspiring politicians) across the country will likely be tracking this case, as it will have real impact on future elections and party leadership races.

As a side note: CBC published the article a month after the case was filed. Not that it is relevant to the case, but did they not know about it until then?

Posted on

Supreme Court Will Hear Woman Arrested for Not Holding Handrail

(Bela Kosoian, taking legal action to S.C.C.)

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

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

The Supreme Court of Canada has agreed to hear Bela Kosoian, a woman detained in Laval, Quebec, for refusing to hold a hand rail.

(1) Backstory of the Case
This is a a bizarre story, starting in 2009, of a woman in a Laval, QC, subway station, refused instructions from transit officers to hold a handrail while on an escalator.

When transit officers attempted to write her a ticket for the refusal to obey, she refused to identify herself. Identity is rather important in enforcing tickets. This led to her being detained for about a half hour, after which point she did reveal her name.

Kosoian was issued 2 tickets from that incident, one for $100, and one for $320. She contested both, and they were eventually thrown out.

Since then, she has taken legal action against the city, the STM, and a staff member. After a series of legal twists, it will now be heard by the Supreme Court of Canada.

(2) Quebec Court of Justice — Trial Court
Kosoian took legal action against: (a) the City of Laval; (b) Fabio Camacho — one of the officers; and (c) the Transportation Company of Montreal — aka the STM. She sought $24,000 for moral damages, pain, suffering, inconvenience and exemplary damages, and another $45,000 for moral and punitive damages for the fault committed by its agent.

Kosoian submitted a VERY LENGTHY list and description of physical and psychological trauma suffered as a resukt of being detained for about half an hour. On the surface, it seems like malingering.

Section 49 of the Canadian Charter was invoked, which states:

CHAPTER V
SPECIAL AND INTERPRETATIVE PROVISIONS

49. Any unlawful interference with any right or freedom recognized by this Charter entitles the victim to obtain the cessation of such interference and compensation for the moral or material prejudice resulting therefrom.
In case of unlawful and intentional interference, the tribunal may, in addition, condemn the person guilty of it to punitive damages.

For it’s part, the STM Referenced By-Law R-036

” BY-LAW R-036

“REGULATIONS RESPECTING THE SAFETY AND BEHAVIOR STANDARDS OF PERSONS IN ROAD EQUIPMENT AND BUILDINGS OPERATED BY OR FOR THE MONTREAL TRANSPORTATION CORPORATION”

[…]

SECTION III – GENERAL PROVISIONS

3. Subject to the law and regulations, any person has the right to use the public transportation system of the Company in comfort and safety.

Subsection I – Citizenship

4. In or on a building or rolling stock, no person shall

(a) impede or hinder the free movement of persons, including standing still, lurking, strolling, laying down or carrying a bag, container or other object;

(b) endanger the safety of persons or rolling stock, in particular by depositing or carrying a bag, container or other object;

[…]

e) to disobey a directive or pictogram posted by the Society;

[…]

h) to delay or interfere with the work of a servant of the Corporation; “

But according to the STM staff, it is not the potential safety infraction that led to Bela Kosoian being arrested. Rather, it was her refusal to identity herself when being written a ticket.

In August 2015, a Quebec Court rejected the claim. It stated that the officers acted reasonably, and that the situation was largely self-inflicted

(3) Motion for Leave, Quebec Court of Appeal
Kosoian sought leave to go to the Quebec Court of Appeal.

On December 2015, in an extremely brief ruling, the Quebec Court of Appeal allowed the appeal to proceed, dismissing a motion from the Respondents.

(4) Appeal, Quebec Court of Appeal
In a 2-1 split decision, Kosoian lost her appeal at the Quebec Court of Appeals. 2 Justices ruled that the STM and its staff had acted reasonably. In dissent, the other Justice says he would have set aside the Trial ruling, and ordered $15,000 in damages.

[ 1 ] The appellant appeals against a judgment rendered on August 11, 2015, by the Court of Quebec, District of Laval (the Honorable Denis Le Reste), dismissing the appellant’s motion to institute damages for damages .
[ 2 ] For the reasons of Dutil and Vauclair JJ., THE COURT :
[ 3 ] REJECTS the appeal with court costs.
[ 4 ] For other reasons, Schrager JA would have allowed the appeal, set aside the judgment at trial, granted the motion to institute proceedings, ordered the respondents, jointly and severally, to pay the appellant the sum of 15,000 $ with interest and the additional indemnity since the summons at first instance, as well as legal costs at first instance and on appeal, and stated that between the respondents, the Montreal Transit Corporation will have to assume the entire conviction.

(5) Supreme Court of Canada
This leads things to where they are today. Once again, the Supreme Court granting leave to appeal just now.

The motion for an extension of time and the application for leave to appeal is granted. The application for leave to appeal to the judgment of theCourt of Appeal of Quebec (Montreal), Number 500-09-025644-154, 2017 QCCA 1919 (CanLII) , date December 5, 2017, is awarded with costs in the case. The schedule for serving and filing materials will be set by the Registrar .

An interesting split so far in the courts. In Kosoian’s favour:
-Supreme Court of Canada, leave to appeal
-Quebec Court of appeal, dissenting opinion
-Quebec Court of Appeal, motion for leave

And against Kosoian:
-Quebec Court of Appeal, majority opinion
-Quebec Trial Court
-Laval ruling which dismissed the original tickets.

Personally, I see blame on both sides here. While ticketing her for refusing to hold a handrail does seem excessive, the escalation of the problems resulted from Kosoian herself. She did refuse to identify herself when being ticketed, which for the STM was a legitimate demand. Also, her claims of emotional and psychological damages seem grossly exaggerated, and manipulated to seek a huge damages amount.

The Supreme Court Appeal Panel will now decide the case.