The Canadian Federal Election is October 21, 2019 and it stands to be an important one.

It’s important because for the first time the baby boomers are no longer the dominant voting block and younger people who’ve felt ignored or dismissed by the system can finally have their voices heard within it. It’s important because many politicians are realizing this and trying to cater to our needs, not the entitled uninformed whiny ones of our parents’ generation.

In my last article I tackled the four mainstream federal parties running in this election and how they fare on issues concerning voters under the age of 60. In this article I’ll be tackling two fringe parties on how they fare on similar criteria – specifically where they stand on climate change, LGBTQI2+ rights, and income inequality.

Once again, this is not to say that these issues do not concern older voters. It IS to say that these are the issues that younger people feel have been insufficiently addressed by mainstream politics in the past.

In cases where a party does not have a specific platform on the issue, I will elaborate in broader terms based on their track records and publications. Unlike the previous article, I’ll be going party by party instead of topic by topic.

For the purposes of this article, I am defining a fringe party as a party that either caters to a very specific, niche group of the population, or that expresses views far too extreme to fit within a mainstream party. I will elaborate further in my discussion of each political party.

Bloc Québécois

Many will argue that the Bloc Québécois is a mainstream party because they’ve actually succeeded in getting seats in the House of Commons more often than the Green Party and they once even formed the Official Opposition in Ottawa. I argue that the Bloc is a fringe party for though they claim to advocate not just for Quebeckers but for French speaking Canadians across Canada, all their MPs are from Quebec and their platform seems focused only on advancing Quebec interests in Federal Parliament.

The Bloc Québécois’ platform shows a clear understanding of what their base is – specifically older white French Islamophobic Canadians. Nearly a third of their platform is devoted on improving care for seniors, while younger voters are not mentioned at all.

On climate change their plan includes:

• Imposing a carbon tax on provinces with higher greenhouse gas emissions than the national average – up for revision every four years
• Funneling the proceeds of such a tax into provinces with lower emissions in order to facilitate green innovation
• Introduce a law that gives Quebec a right to consent or refuse federal construction projects involving land allocation and environmental protection
• Eliminating fossil fuel subsidies

On LGBTQI2+ rights, the Bloc does not have a specific policy, so I am evaluating them on how they address the broader issue of hate. Bloc Quebecois signs promoting a xenophobic form of state secularism have been found in Montreal within a few steps of Islamic centers and aspects of their platform include pushing this notion across Canada. Their platform includes excluding Quebec from a federal law recognizing Canadian multiculturalism.

Recently the Bloc came under fire when party leader Yves-François Blanchet tweeted that Quebeckers should vote for people that look like them – a tweet widely and appropriately criticized for being racist, despite Blanchet’s claims that that’s not what he meant. If their attitude towards visible and religious minorities is any indication, Canada’s sexual and gender minorities would be right to be worried for their own safety should the Bloc get seats.

On Income Inequality, the Bloc’s platform is focused on those not paying their fair share of taxes and making things easier for elderly Canadians. Their plan – which almost entirely excludes young people -includes:

• Having Ottawa demand that companies, especially businesses and banks, repatriate funds hidden in tax havens
• Offering a tax credit to employers to train and keep employees over the age of sixty-five
• Offering a tax credit to immigrants and recent graduates willing to work in remote areas
• Allocating Federal grants for social and affordable housing

The People’s Party of Canada

The People’s Party of Canada is a party that has received a lot of media attention, mostly negative. In Hamilton, their people clashed with protesters who have branded them Nazis, and looking at their platform and leader’s comments, it’s easy to see why.

Many of the party’s values, which include the abolition of multiculturalism in favor of a broader national identity, claiming that being called racist for saying racist things is somehow persecution, and resorting to personal attacks rather than countering arguments on their merit (see Maxime Bernier’s tweet about Greta Thunberg) are right out of the neo-Nazi playbook. But, in the interest of fairness, let’s discuss what they’re actually saying.

The People’s Party platform on climate change claims that there is no scientific consensus on the issue (fact check: there IS). Their plan includes:

• Withdrawing Canada from the Paris Agreement on Climate Change
• Abolish federal subsidies for green technology
• Abolish the carbon tax so provinces can come up with their own plans to reduce emissions
• Implement practical solutions to make Canada’s air, water, and soil cleaner, including bringing clean water to remote First Nations communities

On LGBTQI2+ rights, the People’s Party platform is pure hate. Their website actually berates the Trudeau government for allegedly forcing “Canadians to express support for the existence of various gender identities beyond the biological categories of male and female, and to use pronouns demanded by those who identify with these other genders.” Fact check: Trudeau actually just amended the Criminal Code so crimes motivated by hate based on gender identity or expression would be considered hate crimes.

Their platform on LGBTQI2+ rights includes:

• “Restrict the definition of hate speech in the Criminal Code to expression which explicitly advocates the use of force against identifiable groups or persons based on protected criteria such as religion, race, ethnicity, sex, or sexual orientation,” thus rolling back Trudeau reforms so people outside the gender binary and transgender people would not be protected under the legal definition of hate.
• Roll back Trudeau administration changes to the Canadian Human Rights Act that had expanded the definition of prohibited forms of discrimination to include “gender identity or expression”
• Pull federal funding from universities restricting free speech
• “Ensure that Canadians can exercise their freedom of conscience to its fullest extent as it is intended under the Charter and are not discriminated against because of their moral convictions” – with a specific reference in their platform to the Trudeau government’s refusal to provide funding to anti-choice groups as part of the summer jobs program

On the issue of income inequality and the economy, the People’s Party is focused on lowering taxes to boost the private sector and benefit the wealthy. There is nothing in their platform to directly address poverty and the growing housing shortage. Their plan includes:

• Gradually reducing corporate income taxes from fifteen percent to ten percent
• Over the course of one mandate eliminate the current capital gains tax by reducing the inclusion rate from 50% to 0%
• Eliminate corporate subsidies and government bailouts of failing companies

If you’re under sixty and have felt like your voice has not been heard by politicians in the past, remember that things are different now and your votes matter more than ever. On October 21st, 2019, you have a chance to finally see your choices determine the outcome of the federal election.

Take twenty minutes and go tick a box on a slip of paper. Our future is at stake.

Justin Trudeau’s Liberal Government is fighting the Canadian Human Rights Tribunal’s ruling that Ottawa compensate First Nations children taken from their families under the On-Reserve Child Welfare System. Two weeks before the election.

While I wasn’t surprised at all to learn that Trudeau has no plans of compensating these kids and their families, I was initially stunned that he did this during an election campaign. After all, campaigning like caring progressives and then turning your back on most of those who need your help when elected is pretty much the Liberal playbook.

Then I realized that October 7th, today, was a hard deadline for appealing the ruling. So platitudes about how we need to right this wrong without a direct commitment to respect the ruling during the campaign followed by a quick court challenge after winning re-election wasn’t an option this time. The tribunal had forced him to play his cards when some voting cards were still in the mail.

What Happened

In case you’re wondering what all of this is about, I’ll do my best to summarize:

The Federal Government disproportionately underfunded child welfare for children living on reserves as well as the reserves themselves. They then used the poor living conditions they created as an excuse to rip children away from their families and place them in foster care.

Basically, this was the forced assimilation of, and in some cases abuse of, native children ordered by the Government of Canada. Kinda like Residential Schools without the Jesus.

It Needs To Be Expensive

The tribunal determined that Canada owed each kid and some elder caregivers $40 000. That’s over $2 billion in total.

Sure, that’s a substantial amount of money and some will argue that it’s way too much to spend on righting a wrong of the past. They’re wrong on two counts:

First, this program started in 2006, so it’s very much a wrong of the present. Some of the victims aren’t even adults yet.

Second, and most important, it needs to be expensive. While no amount can properly compensate for the lost childhoods, a hefty price tag may make it more difficult for future governments to pull off the same thing or something similar.

The Government of Canada has been systemically repressing First Nations people ever since there was a Government of Canada. For about as long, well meaning descendants of white European settlers (aka mainstream Canadian voters) have been appalled at what the government did, but only after the fact.

If we make turning a blind eye to this gross injustice while it is happening prohibitively expensive, I suspect a good number of “Canadian taxpayers” might let their desire to avoid another $2 billion dollar fine fuel their moral outrage enough to stop the government from carrying out another racist attack on the First Nations or at least try to before it becomes another crime of the past we are so sorry about.

The Politics of it All

Justin Trudeau would rather that not happen. He’d love to talk reconciliation, get elected, and then deny the First Nations’ kids what we owe them. The Human Rights Tribunal made that impossible.

Andrew Scheer said, well, exactly what you would expect him to say. He’d fight the tribunal’s decision, too.

Both NDP Leader Jagmeet Singh and Green Party leader Elizabeth May said they will respect the compensation the tribunal determined.

Indigenous issues are among the main topics in tonight’s English Leaders’ Debate, so I look forward to our current PM getting challenged on this, as he should be.

Featured Image: A painting of Justin Trudeau by Samantha Gold

For the first time, younger voters are set to overtake the baby boomers as the largest voting block in Canada, and it’s about time. The planet is dying due climate change, and wages have stagnated since the 1970s resulting in a wealth gap that is partly on generational lines.

While older people enjoy their golf courses and retirement nestegs, Millenials, Gen Xers, and GenYers who will never see the latter are increasingly frustrated and demanding change that helps them, not just their parents.

That said, only recently has there been a real drive to get younger people to vote, recognizing that their votes can finally make a difference. It is with this notion in mind that I write this article.

In this piece I’ll be giving a crash course on the main political parties, but not in the way you’d expect. Instead of discussing their platforms related to the economy and health care, I’m going to discuss the parties based on their plans and track records with regards to issues that concern younger voters: Climate change, LGBTQI2+ rights, and Income Inequality.

This is not to say these issues do not concern some older people. It IS to say that these are the issues that have not been sufficiently addressed for younger voters by politicians in the past.

For the purposes of this article, the main parties I’ll be discussing are the Liberal Party, The Conservative Party, the New Democratic Party (NDP), and The Green Party. Smaller fringe parties like Maxime Bernier’s People’s Party will be addressed in a future article.

Climate Change

The tail end of Montreal’s massive Climate March Friday (photo Jason C. McLean)

First, as Montreal took to the streets yesterday, let’s talk about Climate change.

The incumbent Liberal party’s Climate change platform seems to benefit primarily the wealthy, with much of their programs targeting homeowners – when most young Canadians will never be able to afford to own a home – and corporations. Their platform in this regard includes:

  • Offering a $40 000 interest-free loan to homeowners and landlords to make their homes more energy efficient, with an additional Net-zero emissions home grant available to make clean living more affordable.
  • Cut corporate taxes in half for companies that develop products and technologies that produce zero emissions
  • Protect 25% of Canada’s land and ocean habitats by 2025 and work towards increasing that to 30% by 2030
  • Set a target of zero emissions by 2050

The New Democratic Party’s Climate Change platform seems far more ambitious than that of the incumbents, with plans focusing on punishing big polluters and investing in local clean projects. Their platform includes:

  • Declaring a climate emergency
  • Rolling back tax breaks given by the Liberal government to big polluters as well as abolishing current oil and gas subsidies
  • Reaching a target of carbon-free electricity by 2030, and 100% non-emitting electricity by 2050
  • Establishing a Canadian Climate Bank to boost investment in Canadian-made renewable energy technology, community-owned clean energy projects and the transition to renewable energy

The Conservative Party’s climate change policy seems far less comprehensive compared to the other parties, and leader Andrew Scheer’s absence from today’s climate marches is also quite telling. Their policy includes:

  • Getting rid of the carbon tax (though their website claims they are still committed to meeting obligations under the Paris Agreement)
  • Launch a green tech patent tax credit for businesses
  • Offering a green public transit tax credit to alleviate costs of public transportation and incentivize its use
  • Have Canada sign agreements allowing us to get credit for helping reduce emissions internationally

True to the party’s name, The Green Party has the most comprehensive climate change platform to address the climate emergency. Their platform includes:

  • Canceling the Trans Mountain Pipeline and other subsidies to fossil fuel industries, as well as denying approval to new pipelines, coal, oil, or gas drilling
  • Ramp up renewable energy targets, with a target of making a hundred percent of Canada’s electricity from renewable sources by 2030
  • Work with provincial governments, “ideally in partnership with First Nations” to determine which former oil and gas wells are best-suited to producing geothermal energy in order to turn liabilities into income-generating renewable energy
  • Ban the sale of internal combustion engine passenger vehicles by 2030

LGBTQ2+ Rights

2019 Montreal Trans Rights March (image Samantha Gold)

Though the Liberal Party has no official 2019 platform regarding LGBTQ rights, they do have an excellent track record when it comes to protecting sexual minorities in Canada. Aside from the symbolism of their leader marching in Pride Parades and raising the Pride flag on Parliament Hill, the government has made some dramatic improvements to LGBTQ rights in Canada.

This includes adding gender identity or expression to the definition of hate crimes in the Canadian Criminal Code, as well passing legislation to permanently destroy the past criminal records of people convicted for consensual sex with same sex partners if such sex would be legal today.

The New Democrats have integrated LGBTQ rights into their platform on fighting hate in Canada. Their list of the different forms of hate to be addressed include homophobia and transphobia, with their platform including better access for victims of hate crimes to services, support, as well as a say in court-related services that may impact their safety.

Their platform also includes establishing a National Working Group to fight online hate, and addressing radicalization though youth-focused community-led initiatives.

Symbolically, NDP leader Jagmeet Singh has been seen at Pride parades and drag shows, tipping generously at the latter.

On LGBTQ rights in Canada, it is the Conservative Party that has by far the most to answer for. Their leader, Andrew Scheer is a self-professed devout Catholic and social conservative who has criticized marriage equality on the record. He is also the only federal leader conspicuously absent from Pride marches.

When questioned about his current position on LGBTQ rights, Scheer has been extremely evasive, giving people just cause to fear that transgender and LGBTQ protections will be rolled back under a Conservative government. Also telling is the lack of a policy platform addressing this issue on the Conservative Party website.

Though the Green Party is being criticized as a greener version of the Conservatives, their LGBTQ platform is quite enlightened. It includes ending discriminatory blood donation bans, banning medically unnecessary surgeries on intersex children, and banning and condemning conversion therapy – which attempts to force a more straight binary form of sexuality and gender expression on LGBTQ people, despite wide disapproval from the medical and psychiatric communities – in all its forms.

Their platform also includes ensuring access to comprehensive sexual health care and gender affirming health care including hormone treatments, blockers, and surgeries.

Income Inequality

(Image via Press Progress)

This is the one that infuriates young people the most because surrounding the issue are criticisms from baby boomers that if we just bought less coffee we wouldn’t be in so much debt when they entered the job market at a time when you could afford a home with one minimum wage job as opposed to the many we need to afford basic expenses. That said, here is what the main parties are doing to tackle the issue.

The Liberal plans seem to benefit primarily middle class families when so many young people cannot even reach a middle class income. Their plans include:

  • Lowering cell-phone bills by 25%
  • No taxes on the first $15 000 of income earned
  • Cut the small business tax rate from 11% to 9%
  • Creation of a First-Time Home Buyer Incentive that would cut 10% off the purchase price of new homes

The NDP’s plan to tackle income inequality is far more comprehensive and seems to target all Canadians, not just the middle class. Their platform includes:

  • Universal prescription drug coverage for all Canadians regardless of job, age, health, status, or income
  • Investing five billion dollars to create five hundred thousand quality affordable housing units to address the affordable housing crisis, and waiving federal GST/HST for the construction of these affordable units
  • Expand public education “from kindergarten to career”
  • Free dental coverage for families making under $70 000 a year

The Conservatives plan to address income inequality has some similarities to that of the Liberals in that it centers on cutting taxes and regulations, though the nature of these cuts does not seem to vary depending on the means of individuals. Their plan comprises of:

  • A universal tax cut for all Canadians
  • Address the housing crisis by easing building regulations to facilitate the building of new homes
  • Build pipelines to create jobs
  • Exempt home heating bills from the GST

The Green Party’s platform recognizes the increasing precariousness of work and the growing gig economy that is exacerbating unstable incomes for younger voters. It also acknowledges the ongoing poverty rates. Their platform comprises of :

  • Establishing a Guaranteed Liveable Income program to replace current income supports including disability, social assistance, and income assistance with payments set at a liveable level for different regions across Canada
  • Set the federal minimum wage to $15 per hour
  • Design and implement a national mental health strategy to address the link between mental health and productivity
  • Enhance the use of Community Benefits Agreements to increase inclusion economic opportunities for people of color

Over the past twenty years there has been a lot of apathy among young voters who felt like their votes didn’t count. That is all about to change. For the first time in a long time, young Canadians have a chance to have their voices heard within the system, not just on the streets.

Voting day is October 21, 2019. GO VOTE!

You can also let us know who to endorse in the FTB Election Poll

Featured Image is a composite of four separate paintings by Samantha Gold

A recent study conducted by the University of Guelph showed that the average Canadian household can expect to pay $411 more for fruits and vegetables in 2019 than they did last year. This also means that families that are already struggling to put healthy food on the table will have to pay a heftier price for the essentials. As a result of this low-income families will forgo healthier items for the much cheaper processed food counterparts.

While food prices going up is nothing new, this year’s increase for fruits and veggies, according to the Canada Food Price report, will be 3.5% compared to 2018’s 1.5% jump. This can have a big impact on healthy living as fruits and vegetables are considered essential to a balanced healthy diet.

However, the price of meat products is expected to drop for the first time in a decade. But recent surveys have shown that many Canadians are eating less meat in order to adopt a healthier diet.

The price of eating out will go up, too. This has to do with the rising minimum wage and the higher cost of food.

So, what can you do if you are struggling to buy groceries to combat these new high prices? First, start by making a monthly budget with how much you are going to spend on food. Second, look for sales and specials, Thirdly, use point cards to take advantage of special that may be offered.

Finally, try and buy things from stores that sell in bulk or when you see specials buy items that you can freeze and store for a later date.

If you are someone who enjoys eating out, maybe cut down the number of times you do: only on special occasions or maybe a few times a month instead of a few times a week.

But whatever you do, try and be a smart shopper. Looking out for specials and deals can save you a lot of money this year.

Featured image via Sunrise POS Creative Commons

On February 25th, voters in the British Columbia riding of Burnaby South may very well give Federal NDP Leader Jagmeet Singh a seat in the House of Commons. The prospect that they might not, though, has some openly speculating Singh won’t lead the party into the 2019 Federal Election if he loses.

Last Wednesday, former NDP Leader turned TV pundit Tom Mulcair told CTV’s Power Play that it would be very difficult for Singh to hold onto power if Burnaby South votes for someone else. He cited sources within the party to back up his statement.

Later in that same broadcast (the 40:40 mark to be precise), La Presse journalist Joël-Denis Bellavance told the panel that he knew of a pre-Christmas caucus meeting where they discussed a Plan B if Singh loses in Burnaby South. Basically, a new leadership election would be too expensive, so the party would force Singh to resign and the caucus would vote in a new interim leader that would take them into the 2019 campaign.

That’s right, some in the NDP think sending an unelected and officially temporary leader to debate Justin Trudeau on TV is a good idea. It’s actually the worst idea anyone has had in Canadian politics since the Liberals tried basically the same thing with Michael Ignatieff and failed miserably.

Sure, there were some differences. The Liberal Party establishment did let the leader their membership elected, Stéphane Dion, run in one election before replacing him with their hand-picked candidate and they did eventually go through the formality of letting membership officially elect Ignatieff once he was already in place with no challengers.

Still, the Liberal Party establishment’s choice failed worse than any other leader the party ever had in over a century. And that was with steps taken that the NDP establishment doesn’t even seem to want to attempt.

Bellavance mentioned Nathan Cullen and Guy Caron as possible interim choices. While Caron may be the current Parliamentary Leader, he didn’t just lose to Singh in the last leadership election, he finished fourth, so the party brass would probably go with Cullen, who didn’t run.

While Cullen may be a skilled debater and charismatic, he wouldn’t be able to overcome the fact that he wasn’t actually running for Prime Minister. Instead of “what I would do differently” he would have to talk about “what the person my party picks as leader and PM in a few months” would do differently.

Sure, if the NDP did win the election and form government with an interim leader, that person would probably become the actual party leader and PM very quickly, but there would still be no shaking the interim label during the campaign. It would be as if the NDP was saying “we won’t win, but vote for us anyways.”

Not only that, replacing a leader who had been on the job just over a year with someone else months before an election screams that the party is in disarray. Yes, the Ontario PCs did that and won, but they were already poised to win, not trailing in third place.

As a card-carrying NDP member, I didn’t vote for Jagmeet Singh in the last leadership election. In fact, I volunteered for one of his opponents, Niki Ashton.

That said, my fellow NDP members spoke and elected Singh as leader and I respect that. When we voted, it was to select the candidate to lead the party into the 2019 election, we all understood that.

When Tom Mulcair became leader, to say I was disappointed would have been an understatement. Still, I didn’t think that replacing him with someone else at the last minute before the election was an option, because it wasn’t.

Singh may still win the by-election. In fact, I suspect that talk of him losing is being amplified by the Liberals in hopes that the NDP will pull more money and resources out of places like Outremont and bring them to BC.

If he does lose, though, and resigns of his own accord, then another leadership race voted on by party membership is the only option if the party hopes to have any chance of maintaining what it has and gaining. If Singh loses in Burnaby South but wants to stay on as leader, then he should be allowed to do so and to run in 2019 as a party leader still looking for a seat.

NDP members knew he didn’t have a federal seat when they elected him. If he goes into the election running personally in some GTA riding where he is bound to win, then the party will do way better nationally than they would with a placeholder running as leader.

Pushing out a leader elected by the membership and replacing them with a handpicked party establishment favourite voted in by just the caucus is something that blew up in the Liberals’ face, and they’re the party of establishment insiders. Imagine what will happen if a party that is supposedly the progressive alternative pulls the same thing, and not very well.

* Featured image by ideas_dept via Flickr Creative Commons

Free trade is a pet topic of protesters across North America, and with good cause. Those in favor of it point to the reduction of trade barriers as improving economies that allow for greater access to inexpensive goods. Those against it point out that it destroys local businesses and industries as well as mom and pop shops loved by communities who abandon them in favor of cheaper goods and services. Though Canada seems very much in favor of free trade, many of our industries such as dairy rely on protectionist policies imposed by the government to keep them alive.

The notion of free trade has been in the news lately not just because of the Orange Misogynist’s blathering about the North American Free Trade Agreement (NAFTA) between the US, Canada, and Mexico, but also with regards to a recent Supreme Court decision on interprovincial trade. Before I go into the decision itself, we must discuss how the case got to the Supreme Court.

Gerard Comeau is a resident of New Brunswick who lives not far from the border to Quebec. In October 2012, he drove across the border into our fair province and stocked up on liquor from three different stores. Booze, as it turns out, is pricier in New Brunswick and Comeau decided he would save some money by buying elsewhere.

There was, however, a problem.

New Brunswick’s Liquor Control Act has a limit on how much alcohol you can buy out of province. Their law makes it an offense to “have or keep liquor” above a certain amount that was purchased from a Canadian source other than the New Brunswick Liquor Corporation, the New Brunswick equivalent of the Société des Alcools du Québec (SAQ).

The RCMP in the New Brunswick town on the border were concerned about the number of residents often going to liquor stores in Quebec in breach of the law. With the help of their counterparts in Quebec, they started keeping track of New Brunswickans doing so.

One of these people was Gerard Comeau.

On his way back from an October 2012 trip to buy booze in Quebec, he was stopped by the RCMP. The cops found large quantities of beer and spirits in excess of what the law allowed. Comeau was charged under the New Brunswick Liquor Control Act and was issued a fine of two hundred and forty dollars plus administrative fees. Comeau in turn decided to fight it, arguing that the provision of the Liquor Code was unconstitutional.

The Constitution Act of 1867 was written with a lot of considerations in mind. Before confederation, Canada was just a bunch of separate British colonies. As separate colonies they all had powers to impose tariffs on goods brought into one colony from another.

The country was being formed as the United States was going through the Civil War and there were concerns about the economic effects of the war on the new Dominion of Canada. One of the ways the fathers of confederation sought to solve this is by adding section 121 to the constitution. It is on the basis of this provision that Gerard Comeau decided to fight his fine.

Section 121 of the Constitution Act of 1867 says:

“All Articles of the Growth, Produce, or Manufacture of any one of the Provinces shall, from and after the Union, be admitted free into each of the other Provinces.”

Comeau and his legal team argued that the penal provision of the Liquor Control Act under which he was charged violates this provision of the constitution. To back up this argument, a historian was brought in to discuss why section 121 was included in the Constitution Act of 1867, formerly known as the British North America Act.

With the help of this historian who acted as expert for the defense, Comeau argued that section 121 was basically a free trade provision and therefore “no barriers can be erected to impede the passage of goods across provincial boundaries”. The trial judge agreed and acquitted him. The Crown appealed but the appeal was dismissed, so the Attorney General of New Brunswick as well as the Attorney Generals across Canada appealed to the Supreme Court.

The question the Supreme Court was charged with was whether section 121 of Constitution Act of 1867 bars any impediment to interprovincial commerce.

The Supreme Court said no.

In their decision they point out that to take the aforementioned interpretation of section 121 of the Constitution Act of 1867 is to ignore the years of legal precedents created by the courts as they were charged with interpreting the law. Doing so would not only undermine the Canadian legal system but effectively strip federal and provincial powers of their ability to legislate trade in Canada.

Aside from Quebec which relies in part on the Civil Code, most provinces in Canada rely on past legal decisions in order to interpret current ones. The higher the court, the more binding the decision on lower courts, a concept called stare decisis or “stand by things decided”.

The court went on to point out that past legal decisions on the subject point to section 121 only forbidding laws that explicitly impose tariffs on goods moving between provinces but that it should not be interpreted as to ban legislative powers from imposing laws that have the incidental effect of limiting interprovincial commerce.

Critics of the decision were hoping the Supreme Court would take a tougher stance in favor of protecting Canadian beer from the effects of free trade. Others think that this provision will make section 121 of the Constitution increasingly obsolete.

That said, Comeau is obviously going to have to pay his fine, but I imagine it pales in comparison to his legal fees.

* Featured image by Allison Caterall via Flickr Creative Commons

Environmental law is a fairly new topic in legal discourse. It is only in the past hundred years or so that humans have been made aware of the environmental consequences of their actions and even now there are forces in our society that demand that said consequences are negligible or worth ignoring. It is, however, impossible to ignore and even major polluters like Exxon Mobil have come to acknowledge their role in climate change.

This article is going to give a brief overview on the rules that punish polluters in Canada and then focus on the punishments individuals might face in Canada for certain kinds of pollution.

Environmental law is one of those fields of law that covers almost every kind of law there is. Rules to protect the environment can be found in agricultural law, federal fisheries legislation, rules governing industry, civil law, municipal law, and even criminal and international law.

In Canada, large scale pollution is regulated by the Canadian Environmental Protection Act, the Federal Fisheries Act, the Criminal Code, and provincial laws such as the Quebec Environmental Quality Act. In the cities, it is municipal by-laws that control the nuisance caused by littering and other forms of pollution.

Some types of pollution by individuals will result in fines, whereas others can lead to lengthy prison terms. So let’s talk about those.

For the purposes of this article, I will focus on Montreal municipal laws. Other cities on the island such as Westmount and Cote-Saint-Luc have their own sets of rules.

In the early two thousands, the City of Montreal tightened its rules regarding littering resulting in outrage from citizens, landlords, and business owners. Under the new by-law, tagging and other forms of graffiti on public roadways, sidewalks, and buildings on public property can result in a fine of a hundred to a thousand dollars. The same goes for leaving broken motor vehicles on public property as well as dumping garbage in public waterways.

The by-law elaborates by specifying that everything from garbage, to ashes, to flyers, syringes, and bandages count as things prohibited from being dumped on public property. There are exceptions to these rules with regards to graffiti on public property in which a person can get authorization from the City of Montreal, presumably to make room for artists to beautify the city with murals and other works of art.

The new by-law takes penalties for littering even further, with punishments for throwing garbage and other forms of waste on public property ranging from sixty to a hundred dollars for a first offense. That means that the seemingly mundane act of throwing your coffee cup or cigarette packet on the ground could land you a hefty fine if you’re caught. Fines for a second offense range from a hundred to three hundred dollars, and for every subsequent offense it’s a fine of three hundred to a thousand dollars.

Recently, the City of Montreal has also opted to crack down on the use of wood burning fireplaces. Montreal is one of the oldest cities in Canada so the presence of houses with indoor fireplaces is inevitable. Unfortunately, they’re dirty and polluting and studies show that they don’t actually warm your house that much.

In 2017 the City of Montreal adopted the By-law Concerning Solid Fuel Burning Devices and Fireplaces. Under the new by-law those in possession of fireplaces or other solid fuel burning devices may not use them in Montreal as of October 2018 unless they are certified to emit no more than 2.5g/hr of fine particulate matter into the atmosphere.

The fines for use of fireplaces after the deadline range from a hundred to five dollars for a first offense, five hundred to a thousand dollars for a second offense, and a thousand to two thousand dollars for every subsequent offense.

The by-law does however allow for exceptions in cases of major power outages and other natural disasters in which a fireplace may be the only source of heat. The rules also do not apply to devices used for food preparation – so charcoal barbeques are fine, as well as for commercial use or in places where authorization to install such a device in a building for commercial use was authorized. Those with fireplaces have the option to either stop using it, or have it replaced and declare it to the City.

In order to face jail time for polluting, the offense has to be quite severe. For example, anyone who, as per the Criminal Code, “makes a device or possesses, uses, transfers, exports, imports, alters or disposes of nuclear material, radioactive material or a device or commits an act against a nuclear facility or an act that causes serious interference with or serious disruption of its operations,” with intent to cause death, serious bodily harm, or substantial damage to property or the environment is facing life in prison if found guilty.

Laws punishing polluters are in place for a reason. Pollution not only tarnishes the beauty of our city, but it makes the environment you live in less healthy, putting all of us at risk. Until we come up with cleaner, more sustainable ways to do things, we need to keep these laws in place and think twice before littering.

Gun control is a hot button issue right now thanks to thousands of kids in the US. On March 24th, 2018, high schoolers, parents, and teachers across America took the trauma of surviving or hearing about school shootings and turned it into righteous anger at the people who govern them. They marched on Washington in numbers that made the Orange Egotist’s inauguration look like a One Direction concert on a school night.

The demands of the marchers were simple ones: stop taking money from people who value guns over lives. Make assault weapons less accessible to those who want to turn their anger on the world around them. Stop ranting about the importance of child safety while doing nothing to ensure it.

They recognize that their government is too well compensated by the gun-obsessed losers in the US and that dramatic action is needed. They want background checks, and licensing, and all sorts of other measures to ensure that dangerous people do not get access to guns.

What they are asking for is what we Canadians consider to be the bare minimum. On March 21, 2018, federal Public Safety Minister Ralph Goodale introduced Bill C 71 which would beef up Canada’s existing gun control legislation.

This article is going to give you a crash course on gun control in Canada, specifically with regards to individual rights to gun possession.

Gun control is governed primarily by two laws: The Canadian Firearms Act and the Canadian Criminal Code. They define different kinds of weapons under Canadian law and set out rules regarding which weapons are legal in Canada and under what circumstances.

The Canadian Criminal Code defines a weapon as anything used, designed to be used, or intended for use in causing the death or injury to any person, or for the purpose of intimidating them. This includes firearms and anything used, designed to be used, or intended to be used to bind or tie someone up against their will.

That said, not all weapons in Canada require a license.

Only firearms, prohibited firearms, restricted firearms and weapons, and prohibited devices require a license under Canadian law.

A prohibited firearm is any handgun with a barrel equal to or less than 105mm in length and is designed to discharge a 25 or 32 caliber bullet. Prohibited firearms also include sawed off shotguns and automatic weapons.

Prohibited weapons include switchblades or any other knife with a blade that can open via hand pressure to a button or other mechanism, as well as any other weapon considered prohibited but which is not a firearm.

A prohibited device includes any part of or accessory to a weapon that is considered prohibited. It also includes handgun barrels equal to or less 105mm in length, with an exception allowed for competitive sport shooting weapons required by the rules of the International Shooting Union. Anything used to silence, muffle, or stop the report of a firearm is also considered a prohibited device.

A restricted firearm includes any handgun not considered a prohibited firearm and has a barrel less than 470 mm in length. It also has to be capable of discharging ammunition in a semi automatic way.

Restricted weapons are any weapon considered as such that is not a firearm. Crossbows generally fall into this category (apologies to any medieval weapon enthusiasts).

In order to have access to any such weapons, you have to apply for a licence as per the Federal Firearms Act. You are considered ineligible for a licence if in the interests of the safety it is best you not possess a weapon or ammunition.

It is generally up the chief firearms officer named by the Federal Public Safety Minister or a provincial court judge to decide eligibility. In determining applications for licenses, they generally look at the following criteria and whether or not these apply over the last five years prior to the application:

  • Have you ever been convicted of or received a discharge for offenses in which violence against a person was attempted, used, or threatened?
  • Have you ever been convicted of or received a discharge for firearms or other weapons offenses?
  • Have you ever been convicted of criminal harassment?
  • Have you ever been convicted of certain drug related offenses?
  • Have you ever been treated at a hospital, mental health institute, or psychiatric clinic for a mental illness that was associated with threatened or attempted violence (this fact is looked at regardless of whether or not an applicant was confined at the aforementioned treatment facilities)?
  • Is there is a court mandated prohibition order barring you from possession a weapon?

Once these criteria are assessed, a person must successfully undergo the “Canadian Firearms Safety Course” for the class of weapon for they want a license for and pass the corresponding exam. They also must fill out forms and provide character references.

The more dangerous the weapon for which a license is being requested, the more likely the references will be checked. Firearms themselves have to be registered with the Firearms Registrar.

It must be noted that the Firearms Act does have exceptions including those rights guaranteed as per existing aboriginal or treaty rights.

Bill C 71 proposes a few changes to the Canadian Firearms Act and the Criminal Code.

The new law proposes to do away with the five-year limit on criteria for licenses set out in the Firearms Act. It also requires that any firearms seized by or surrendered to peace officers due to a prohibition order be automatically forfeited to the Crown unless the order specifies otherwise. The remaining rules pertain primarily to grandfather clauses written into the Firearms Act in order to protect those legally possessing firearms at the time the law was put into force.

If the law is passed, C 71 will come into force in the summer of 2018. The law is likely to pass because unlike the leaders to the south, Canadians care about protecting each other from gun violence.

* Featured image by Steve Rainwater via Wikimedia Commons

Endangered species are a pet cause for many and a nuisance for many others. Social media is regularly flooded with a barrage of memes, online petitions, and articles about species on the brink of extinction due to natural or man-made causes. On March 9th, Quebec’s caribou population came into the spotlight when the Couillard government announced that they would not spend money to save them in Val D’Or.

According to the provincial Minister of Forests, Wildlife, and Parks Luc Blanchette, it would cost seventy six million dollars over the next fifty years to protect the habitat of caribou in the region. The caribou in the area have been on steady decline since the 1950s due to the logging industry.

The government had originally planned to move the remaining animals to a zoo in 2016 but that idea was withdrawn when environmental groups pointed out that the animals would not survive in captivity. The government has deemed saving them too expensive, so instead the government plans to focus on saving other caribou herds in the province.

As it stands, Canada’s caribou are considered endangered under Canada’s Species at Risk Act (SARA). While it is tragic that the animal that adorns our coinage is at risk, this article is not about them. It is about endangered species in Canada and what rules are in place at the federal and provincial levels to ensure their survival.

Sadly, protecting endangered species is not a simple matter in Canada, and we partly have the federalist system to blame. According to the articles of our constitution specifying federal and provincial jurisdictions, all waterways and marine life matters as well as land not claimed by the provinces are federal, whereas the management and sale of public lands in provincial territory, the exploration of non-renewable natural resources, and “the development, conservation and management of non-renewable natural resources and forestry resources in the province” are provincial. In cases where there is a jurisdictional conflict, the federal government takes precedence.

The current federal law to protect endangered species is the aforementioned Species at Risk Act which was enacted in 2002, though some of its provisions only came into effect in subsequent years. The main goal of the act is to prevent species from becoming extirpated or extinct. Extirpated as per the act means that the species is no longer found in Canada and “extinct” means the species no longer exists at all.

It has jurisdiction only over federal land, aquatic species, and migratory birds. Federal land only makes up about four percent of provincial land in Canada and even then, only areas classified as Critical Habitat are protected under the law. The federal act allows species to be classified as “at risk” or “not at risk” with assessments done by the Committee on the Status of Endangered Wildlife in Canada.

The Committee consists of experts, academia, politicians and aboriginal representatives and has the task of assessing the status of Canadian wildlife species; their recommendations for the classification of a given species are then passed on to the federal government. Their science-based findings are publicly available.

Once the Committee has classified a species, it must do a reassessment every ten years to see if the ones at risk are still at risk. The criteria they use are those established by the United Nations’ Red List for critically endangered, endangered and vulnerable species.

According to Environment Canada’s website, as of 2017 there are currently five hundred and twenty-one species of plants and animals classified under the Species At Risk Act as being at risk of extinction or extirpation in Canada. Once the Committee has established those at risk, it’s up to the government to decide whether or not to adapt their action plan to save a species by introducing measures such as incentives to support people helping to protect species at risk, awards and recognition programs, public awareness programs, and protecting habitats.

In Quebec, endangered species fall under the Act Respecting Threatened or Vulnerable Species. It mandates the Minister of Sustainable Development, the Environment and the Fight Against Climate Change to carry out research regarding species that need protection or whose habitats need protection, establish programs to promote their survival, and delegate and enter into agreements with the people they delegate to in order to implement these measures. The Minister can also, with the government’s assent, lease or acquire land by expropriation for the protection and management of threatened or vulnerable plant species.

For those of you unfamiliar with expropriation, it is the process by which the government decides to take land for itself by offering the owner(s) compensation based on what the property is valued at. The value of the land is determined by government appraisers. In cases where the owner feels the indemnity they are offered is insufficient, they will often turn to private appraisers and attorneys to seek fairer compensation.

Several private appraisers in Montreal told me that this is quite common, and in some cases cities will even halt development on a given parcel of privately owned land for ecological reasons, resulting in them being sued for “disguised expropriation”. It is in this respect, among others, that endangered species protections can be a nuisance for some.

The Quebec government can also be gifted or left land in a will for the sake of protecting vulnerable species.

It is up to the aforementioned Minister of Sustainable Development, the Environment and the Fight Against Climate Change and the Minister of Forests, Wildlife and Parks to come up with a list of threatened or vulnerable species in Quebec, how they should be identified, and where they are located.

The law does have exceptions and allows for parties to act in spite of it if an exemption is written into government regulations, if activities are carried out in accordance with government standards, the activity is required for educational or scientific purposes, or if activities are being carried out to repair damage caused by a catastrophe or to prevent it.

The government, like those who adopt it as a pet cause, recognizes the importance of protecting Canada’s vulnerable species as part of the fight against climate change. Let’s keep electing governments that continue to do so.

* Featured image by By Mickael Brangeon(Peupleloup) via WikiMedia Commons

It must be said that there is no issue more personal than that regarding our health care and family planning choices. It must also be said that in a country that constitutionally recognizes the equality of men and women, the choice of family planning method – which could include abstinence, the pill, condoms, IUDs, or abortion – is NOBODY’s business but the person directly affected by them.

Our government is responsible for upholding the constitution, which includes making sure that groups that do not recognize people’s constitutional right to make their own decisions regarding their healthcare will not get public funds. The Canadian federal government has made this clear via their recent announcement regarding the Canada Summer Jobs Program (CSJ).

The Canada Summer Jobs Program is an initiative by the federal government to encourage employers to take on summer students at the secondary and post-secondary levels by offering to subsidize the students’ wages for them.

The subsidy works for public and private employers as well as non-profit organizations and small businesses and has several priorities including the supporting employers who hire students from underrepresented groups such indigenous Canadians, the disabled, and visible minorities, and those that support opportunities in science, technology, engineering and math (STEM) for women. Applications for the subsidies must be made by potential employers, though recently the Trudeau government added an additional catch to the program’s requirements.

Those who apply to the CSJ program now have to attest that:

“Both the job and the organization’s core mandate respect individual human rights in Canada, including the values underlying the Canadian Charter of Rights and Freedoms as well as other rights. These include reproductive rights and the right to be free from discrimination on the basis of sex, religion, race, national or ethnic origin, colour, mental or physical disability, sexual orientation or gender identity or expression.”

The federal government’s website adds the recognition that women’s rights are human rights and that their rights include “sexual and reproductive rights — and the right to access safe and legal abortions.”

This announcement was never meant to turn Canada into the next front in the battle between those that believe people have a right to their choices and those who do not. That issue was already settled in the early 90s when, following the Supreme Court striking down Canada’s abortion laws in 1988, the Senate voted against a new abortion law put before Parliament by the Mulroney government. Public opinion confirms this, for according to a 2017 Ipsos poll, 77 percent of respondents feel abortion should be permitted.

The announcement was simply meant to be a way to fix a subsidy issue after the Abortion Rights Coalition of Canada published a report indicating that federal funding was going to anti-abortion groups in the summer of 2016. Federal Employment Minister Patty Hadju’s office then put out a statement apologizing for the oversight and stating that “no such organizations will receive funding from any constituencies represented by Liberal MPs.”

All the Trudeau government is doing is obeying the law by enforcing the gender equality statutes in the Canadian Charter of Rights by making anyone who does not conform to them ineligible for Federal funding.

It is Conservatives who have turned this minor subsidy issue into a religious crusade about abortion. The fiasco that followed is not an ideological debate about religious freedom but rather the result of some groups’ anger at losing government money they feel they are entitled to.

Organizations like The Southern Alberta Bible Camp who have publicly said “we don’t believe abortion is right” stand to lose about $40 000 in subsidy money if they refuse to sign the aforementioned attestation.

Conservative leader Andrew Scheer has accused the Prime Minister – a self-proclaimed “proud feminist”- of imposing his views on faith groups. This is the same Andrew Scheer one of his supporters assured me would not take on abortion rights in Canada following his election to leadership of the party.

“I believe that the federal government should respect the freedoms that Canadians enjoy to have different beliefs and that by imposing personal values of Justin Trudeau on a wide variety of groups is not an appropriate way to go,” Scheer has said.

The government has not said that groups that openly condemn abortion and LGBTQ2 groups cannot operate in Canada. As per our religious freedoms and right to freedom of speech guaranteed in the constitution, they can do as they please within reasonable limits prescribed by law. All the federal government has done is said that they cannot get government money to hire young people to help them do it.

Since the Conservatives have turned this into an abortion issue, let’s look at those that claim to believe in women’s equality and still be pro-life.

Despite the claim of many conservatives, one cannot recognize the constitutional right of women’s equality to men and be pro-life at the same time. It is not feminism these self-proclaimed “pro-life feminists” are embracing, but rather benevolent sexism.

The reason is this: the most secular anti-abortion arguments rest on the unspoken notion that women are not strong enough, mature enough, or intelligent enough to make their own decisions regarding their reproductive health. They are welcome to every freedom men have, except with regards to their deeply personal reproductive choices. ]

They will use arguments about sex selective abortions to make this point, while completely ignoring the numbers and whether or not the procedure was necessary to save the woman’s life. It is the same kind of benevolently sexist argument the most vicious secularists make in Quebec when trying to force Muslim women to stop wearing the hijab or niqab: the infantilizing argument that presumes that no woman is capable of making such a decision of her own free will but rather makes difficult decisions out of selfishness, impulsivity, or external pressure.

It is a notion that must be recognized for what it is: a contradiction of the notion of gender equality entrenched in Canadian law.

Those who stand to lose funds as a result of this will be doing so because their mandate does not fit with that of the Canadian government. We also need to ask how much the federal government will be checking up on those who do sign the attestation.

Is this an administrative rubber stamp where people can attest to one thing and do another? Or will the federal government take steps to make sure that those who do get the funds stay true to their attestation?

Without any sort of checks, the attestation is meaningless.

If it is meaningless, then groups who really want to the money to hire a student to distribute photos of fetuses outside clinics should have no trouble signing it.

As long as you have a bank account and an identity, someone will do their best to steal it. There is a myth that scammers only target the elderly because they’re technologically illiterate and so desperate for attention and that they are blind to being cheated. It’s a myth because it’s ageist and anyone can fall victim to a scam and be defrauded of their money, their credit, and their good name.

It’s the price we pay for being human, and for having access to modern technology. Being scammed does not make you stupid or naïve, it just means that are people eager enough to screw you for their or their client’s gain and they will use immoral and illicit ways to get it via the same things – email addresses, IDs, bank cards, websites etc., – we take for granted.

This article is going to be a little different than my other legal pieces. Instead of walking you through the law and the penalties for committing these scams, I’m going to focus on you – the potential victims. I am going to walk you through a few different kinds of scams and what to do if someone is trying to rope you into one. In cases where you may have already fallen victim to a scam, I will also provide some information on the action you can take.

We all know frauds and scams are illegal in Canada, but what many people don’t know is how they work and what you can do about them.

I want to help. So let’s talk scams.

Ponzi schemes are perhaps one of the oldest there is. Named after the con artist Charles Ponzi who operated the scam in the 30s, it’s a scam that presents itself as a wonderful investment opportunity. All you have to do is invest a ton of money and you’re guaranteed more money in interest.

The catch is that the business you are investing in doesn’t actually make any money. The interest cheques you are getting are actually the result of the scammer recruiting more people to invest. The scammer simply passes on some of the new investors’ money as the interest you allegedly earned on your investment.

It counts on the recruitment of more and more people. Once the scammer cannot recruit anymore, they’ll take the money and run, if they don’t get caught first.

A good rule to follow is that if an investment opportunity seems too good to be true, it probably is. If you’ve fallen victim to one, gather or print up all the information you have and contact the police.

Another common scam is the pyramid scheme. With a pyramid scheme, you’re offered a “great” business opportunity to “be your own boss”. With jobs in Canada paying poorly and with no benefits, more and more people are falling prey to these scams hoping to find a better lot in life.

Like Ponzi schemes, pyramid schemes rely on recruitment in order to survive, but unlike the former, the scheme is actually an illegal version of multi-level marketing. This means that they claim to exist for the purpose of selling products via independent distributors.

Legit multi-level marketing companies will disclose the different levels of earnings by people who join and the average earnings of a typical participant. With pyramid schemes, the products themselves are not what makes money. They rely on the sellers to buy a ton of the product first which they can sell afterward. The money comes from one distributor recruiting more distributors.

The ones the first distributor got to join will then buy the products in huge amounts hoping to sell them. The first distributor will get a cut of the money from the sale of all these products to the new distributors. This second batch of distributors will then have to recruit more distributors to buy a ton of the stuff so they can earn money off those sales, with some of it going to the first person, and the cycle continues.

If you are wondering if someone is trying to court you into a pyramid scheme and you’re thinking of signing up, look online before giving an answer. If the company is facing numerous accusations of being such a scheme, it’s best to stay away. Companies facing such accusations include Nu Skin and Herbalife, whose recruitment has decimated communities in the US.

If you’ve fallen prey to one, get out while you still can and report it to the police and the federal Competition Bureau which ensures that Canadian businesses operate legally and fairly.

Now let’s talk about a couple of computer scams.

When it comes to computer scams, there are a few prevention methods you can take. First, change your passwords often and make them as complicated as you can; that means using numbers, capital letters etc. The second thing you can do is back up all your files using a viable website, USB key, or portable hard drive, as viruses and malware are an inevitable part of having technology and often our data does not survive on infected machines.

Some of the most sinister scams are emails or text messages from companies that seem to be the legit ones you deal with such as your wireless or cable provider, your bank or a company like PayPal.They’ll claim that your account has been hacked or there has been some suspicious activity and that all you have to do is click on a link and log in to fix it.

With these schemes, they are not necessarily after your money but your personal information. It is therefore best to not click on the link provided. Take a good look at the email address or phone number the message is coming from and compare it to other legit communications you have gotten from the company. If you do mess up and click, check out the URL of the web page it sends you to, as the site may look the same, but the URL won’t be.It is very common for these scammers to use numbers and email addresses that are extremely similar to the real thing, so be diligent and contact the company directly just to be sure.

Another sinister computer scam is ransomware. This is a kind of malware that can infect your computer and lock it or encrypt your files unless you pay the scammer a ransom. A lot of these will claim to be from a legit law enforcement agency that has locked your machine saying you’ve been caught doing something illegal and have to pay a “fine”. That said, it’s the kind of malware that’s hard to prevent but there are a few things you can do if infected.

Though most scammers will unlock your computer once you pay, there’s no guarantee you’ll get your files back, so it is best to avoid paying the ransom. If however there is highly sensitive information on your device and you’d rather pay the money to get it back, pay it.

If infected, disconnect the computer from any other devices it can spread to. Take a picture of the ransom note using your phone or take a screenshot (if you can) in case you want to file a police report later on. Then you can take it to a computer repair shop – there are many – who will do their best to get rid of the malware and recover your data.

You can also try and or use a legit anti-virus or malware program to remove it and then do your best to recover any files.

Anyone and everyone can fall victim to a scam, but with a little knowledge, we can scammers less successful.

* Featured image by Jean-Etienne Minh-Duy Poirrier via Flickr Creative Commons

When it comes to criminal justice, it’s safe to say that pop culture has ruined its meaning in the minds of all but a certain few. Shows like Law and Order and CSI champion police and prosecutors, ignore or sugar coat endemic problems of racism, sexism, and LGBTQIphobia in law enforcement, and equally problematic, skew people’s understanding of how certain crimes are defined by the law.

The most obvious example is with regards to how the law defines first and second degree murder.

Though everyone is dreading the next 2018 celebrity death, we need to remember that ordinary people are dying too, and often in horrible circumstances. Nothing shows this more clearly than Montreal’s first murder of 2018.

This article will tell a little about the people involved and give a crash course on how first and second degree murder are defined in Canadian Criminal Law.

On January 28, 2018 at 11:15 pm someone called 911. A woman had been stabbed in the back at her home in the LaSalle borough of Montreal. Before she died from her wound, the 61 year old victim told police her daughter had stabbed her.

The daughter, 34 year old Meng Ye, was not unknown to the police as they’d been called to the home before when she’d been in psychological crisis. The mother of a one and a half year old has since been charged with first degree murder.

According to a former neighbor, the victim had a poor grasp of Canada’s official languages and though she seemed a rude person, there was nothing about her that would provoke someone to violence.

People’s general understanding of first degree murder is a murder that is planned and deliberate. A second degree murder is thought to be more spontaneous. There is truth to both definitions, but they are incomplete.

In Canada, first degree murder is where a person causes the death of another, having meant to kill them or cause them bodily harm that is likely to cause their death. It is also considered first degree murder if you do something that you know is likely to cause death and it does, notwithstanding the fact that you didn’t want anyone to die. The rules for first degree murder however do not end there.

You are guilty of first degree murder if you cause the death of someone while you are committing treason, sabotage, piracy, hijacking, and escaping or rescuing someone from prison or another form of lawful custody. It is first degree murder if you cause someone’s death during a sexual assault, while assaulting a peace officer, breaking and entering, robbery, arson, hostage taking, and kidnapping.

The death is considered first degree murder regardless of whether or not you intended to cause the death and whether or not you knew someone would likely die IF:

  • You meant to cause bodily harm in order to commit the crime or
  • You meant to cause bodily harm in order to facilitate fleeing the scene right after you committed or attempted to commit the crime

And the death ensued from the bodily harm.

The definition of first degree murder also includes causing the death of a person if the death resulted from you administering a stupefying or overpowering thing, i.e. you poisoned or sedated the person, for the purpose of causing bodily harm to commit the crime. It is also considered as such if the death is caused by bodily harm you inflicted on a person to facilitate you fleeing the scene or you intentionally made a person stop breathing so you could commit a crime and they died as a result.

Killing a peace officer of any kind or a warden or other prison employee is all considered first degree murder regardless of whether the murder was planned and deliberate. It is also considered first degree murder if you killed someone while uttering threats intended to make them fear for their safety or the safety of anyone they knew.

If you kill someone while committing an act of terrorism, the murder is considered murder in the first degree regardless of whether it was planned and deliberate.

Last but not least, if you had a contract in which you were compensated to kill someone, “assisted” in causing the death of that person, or were paid to counsel someone to kill the person, you are guilty of first degree murder. Same goes if you killed someone for the benefit of or on orders from a criminal organization or if you killed someone while committing another crime on their behalf.

Anything that is not considered first degree murder is second degree murder. As Canada has long since abolished the death penalty, those guilty of either degree of murder are facing a minimum sentence of life in prison.

What will happen to Meng Ye and her child remains to be seen.

The case of Joshua Boyle and his wife Caitlan Coleman is one where the questions are more important than the answers.

Just over five years ago, Boyle and Coleman were backpacking in Afghanistan when they were taken captive by the Haqqani, one of many Islamic extremist groups in the region. They were held for five years, during which Coleman was raped and forced to miscarry, Boyle was beaten, and one of their three children – all of whom were born in captivity – was beaten with sticks.

When they got back to Canada, Boyle and his wife were hailed as heroes. Their picture appeared in all the major news sources as the couple that survived being prisoners of Islamic militants. They got to visit with Prime Minister Trudeau and even now the photo of our leader bouncing Boyle’s youngest on his knee circulates online.

Unfortunately, the Boyle case is a perfect demonstration of how quick society is to make heroes of people without knowing all the facts. On January 3, 2018 Joshua Boyle, the same guy we all saw as a heroic survivor of militants was arrested on fifteen charges including assault, sexual assault, illegal confinement, uttering death threats, misleading police, and forcing someone to take a noxious substance. Boyle will be facing serious jail time if convicted of any one of these crimes.

Court orders prevent details like the identity and gender of his accusers for their own safety, which means it is difficult to form a hypothesis of what happened. However, with speculation based on what we do know about Boyle’s story, it is possible to construct an alternate narrative to the one the public has been fed entirely through Boyle’s own account of events in Afganistan and when the family returned home.

It’s one that posits that maybe Boyle wasn’t such a hero after all.

For your consideration…

What do we know about Joshua Boyle and Caitlan Coleman?

Joshua Boyle is thirty-four years old and he is Canadian from New Brunswick. Caitlan Coleman is American from Pennsylvania. The rest of what we know is mostly what Boyle has been telling the press on the couple’s behalf. That said, there are a lot of questions Boyle and Coleman need to answer.

Why were they backpacking in the most dangerous parts of Afghanistan so soon after the war?

Boyle claims that their goal was purely humanitarian. They wanted to help those villagers in areas of Afghanistan where no aid worker would dare to go.

However, the circumstances under which they attempted to help people make their alleged goal questionable at best. Though they were aware that the area they were traveling in was dangerous, they made no secret of their destination, making them easy pickings for anyone with malicious intent.

This is not to suggest that they intended to be taken captive by militants, but they certainly did nothing to prevent it.

Why did Coleman agree to accompany her husband on this trip?

Caitlin Coleman was five months pregnant when captured and the area of Afghanistan they were traveling in is not known for its enlightened attitudes towards women. Though one would think her safety and that of her unborn child would be top priorities, she put herself and her baby at risk by accompanying her husband into hell.

Why has no one spoken directly to Caitlin Coleman about what happened to her and her husband in Afghanistan?

Most of what we have heard about their family’s ordeal has come from the lips of Joshua Boyle. Though Caitlin Coleman endured the worst torments during their captivity – forced miscarriage, sexual assault, and being forced to witness the abuse of her child – her husband is still speaking for her.

Coleman’s story is just as important as that of Boyle’s and her experience is unique as the only adult woman in this saga. When she was speaking to Maclean’s a few weeks before her husband’s arrest, Joshua Boyle refused to leave the room, as though he were controlling Coleman with his presence.

Why no one has speculated if she has been victimized by her husband is odd given how little she has been allowed to say publicly. Her behavior goes beyond that of a demure religious woman and is more indicative of someone living in fear and possibly suffering from mental health issues.

Why did Joshua Boyle provoke his captors?

According to Boyle, he was regularly pressured to join his captors in their cause. Instead, he, a practicing Muslim, woke up early and prayed loudly, waking his captors up and effectively accusing them of being bad Muslims. He regularly called them “munafiq” or hypocrites and annoyed his captors so much they raped his wife to punish him.

Anyone with a lick of sense knows you do not provoke your kidnappers, and that Islamic militants are notorious for mistreating female captives. Boyle’s actions indicate either extreme stupidity, insanity, or a selfish disregard for the safety of himself and his wife.

Though Joshua Boyle’s behavior did not merit the brutality with which he and his family were treated, anyone held captive by people known for their brutality would tread VERY carefully in their presence.

The case of Joshua Boyle and Caitlin Coleman is an ongoing one. As more facts come to light, public sympathy for Boyle wanes. He seems increasingly like a manipulative attention-seeker who would do society good in an environment where he could no longer hurt people.

As his star falls, we begin to see the real victims: Caitlin Coleman and her children.

* Featured image: CTV video screengrab

On April 13, 2017 our parliament began its first reading of Bill C-45, The Cannabis Act. Recently this bill was passed in the House of Commons and has now been submitted to the Senate for debate and voting. If it passes in the upper house, the Governor General will provide their royal assent and Prime Minister Justin Trudeau will have successfully legalized cannabis in Canada.

Justin Trudeau made a lot of promises to get into office. He promised to fix unemployment for Canada’s young people, but chickened out, informing hoards of his voters after the election that they should get used to temporary employment with poor wages and non-existent benefits. He promised election reform, but cowardly backed out of that, undoubtedly realising that our problematic system worked in his favor.

All we have left to hope for from him is cannabis legalization. If the Prime Minister fails to do this, he’ll prove to his voters that he’s nothing but another corrupt politician with a pretty face.

The cannabis bill does what Trudeau promised: it legalizes cannabis. Unfortunately, the bill shows the haste in which the Liberals are desperate to fulfill at least one of their election promises. There are glaring holes in the law, which, if permitted to pass, will leave the courts and their discretion to fill them in.

The goal of the Cannabis Act is to provide legal access to cannabis and control and regulate its production, distribution, and sale. It has strict rules with criminal penalties for selling marijuana and accessories to minors, and like with tobacco products, also prohibits packaging, displays, and ads that would make it attractive to people under the age of 18.

It also sets up a licensing system, as well as one for federal inspections to make sure only those with permits are distributing and selling cannabis products, and sets up a system of fines and jail time for various violations. The Act also calls for the establishment of a cannabis tracking system, a sort of national registry of people legally authorized to “import, export, produce, package, label, send, deliver, transport, sell, and dispose of cannabis.”

Cannabis legalization is a good thing. Historically cannabis laws were used to persecute Mexicans and hippies and scientists have been reluctant to study marijuana’s health benefits due to the stigma and criminal charges connected with the plant. Legalization will facilitate more studies on its medical use for everything from chronic pain to post traumatic stress, as well as its effects on youth, aging and fetal development.

It should, however, be said that those who want access to marijuana will find a way to get it, and a black market for the drug will continue to flourish if illegal prices remain reasonable. The only way legal cannabis could reduce the black market for the drug is if legal prices for it remain competitive with those of illicit sources. One palliative care patient I spoke to was offered a prescription for medical cannabis products from her physician but was informed that it would cost her between two hundred and three hundred dollars a month for a product she could get for half that amount on the street.

The law tries to limit access to cannabis accessories such as bongs, pipes, and vapes, an attempt that is clearly impractical as most of these items can easily be used for tobacco products. Though the law indicates that enforcement will be left to a federal minister, it does not say which one will be put in charge. As cannabis is a topic in which health care, criminal justice, science and technology, environment, and international trade cross, any federal minister could be put in charge.

Perhaps the most glaring hole in the law is its failure to address those currently serving time, indicted, or on remand for marijuana related offenses that would be legal if the Cannabis Act passes. If the act passes, those charged with marijuana possession will find themselves facing or serving punishments for acts that are no longer against the law.

If the Cannabis Act fails to address this, Canada’s court system will find itself inundated with applications from people arguing that their punishments are unconstitutional. This will not only cost Canadian taxpayers millions in court costs, but also leave a very important clarification up to the discretion of federally appointed judges.

The Cannabis Act is rushed, and it’s incomplete. Though for once the Prime Minister’s heart is in the right place, his government should have taken the time to create as thorough a legalization bill as possible.

Our only hope is that the Senate recognizes this and sends the government back to drawing board to add the missing pieces of the law. If it does not, many people will have a very unhappy new year.

* Featured image via Ground Report (Creative Commons)

Prime Minister Justin Trudeau was elected because of a lot of promises he made. He promised electoral reform and greater political transparency, but then backtracked and chickened out. He won the young vote by promising to improve employment opportunities, only to tell Canada’s youth less than a year into his term that they should get used to temporary employment with lousy pay and no benefits. There is, however, one promise our leader made that he actually seems to be following through on, and that is the legalization of marijuana in Canada.

As it stands, marijuana is still considered a controlled substance under the Controlled Drugs and Substances Act (CDSA) which works with the Canadian Criminal Code to control drug offenses. Drug offenses are usually lumped into two categories, possession related – which can result in up to six months in prison for a first offense, and supply related – which can result in at least of five years in jail less a day.

Trudeau’s plan is to legalize pot by July 2018 and he’s told the provinces to get ready. Though Quebec is pleading for more time to set up the necessary administrative bodies and laws to control the sale and distribution of legal marijuana, they recently tabled a bill to get the ball rolling.

The law in question is Bill 157, An Act to constitute the Société québécoise du cannabis to enact the Cannabis Regulation Act and to amend various highway safety-related provisions.

As indicated by the law’s title, the organization that will control the sale and distribution of legal cannabis in Quebec will be the Société québécoise du cannabis, which will be a subsidiary of the Societé des Alcools. Its mission is carefully worded as “to ensure the sale of cannabis from a health protection perspective” and keep consumers buying it legally “without encouraging cannabis consumption”, language undoubtedly chosen to alleviate the worst fears of those opposing legalization.

In order to carry out its functions, the Société québécoise du cannabis will be able to buy cannabis for commercial purposes from a producer that meets certain government standards. It will also be able to operate cannabis retail outlets, sell it online, and authorize people to transport, deliver, and store the cannabis on the Societé’s behalf. It will also be able to set the price of what they sell. Employment by the Societé will be conditional on their personal integrity and the obtainment of security clearance.

In addition to rules governing the Société québécoise du cannabis, the law contains the new Cannabis Regulations Act, which sets out specific rules regarding cannabis possession and consumption under legalization in order to “prevent and reduce cannabis harm”. To this end, minors will be prohibited from possessing pot or pot products, and those caught with five grams or less will be committing an offense subject to hundred dollar fine with larger fines for subsequent offenses.

Adults will be prohibited from having more than a hundred and fifty grams of pot, and anyone who breaks this rule will be looking at a fine ranging from two hundred and fifty dollars to seven hundred and fifty dollars. The new law also forbids cannabis products in schools at every level from preschool to adult ed with similar fines for violations.

Cannabis has to be stored in a safe place that cannot be accessed by minors. People will be allowed to have and cultivate up to three plants for personal use, but having more than said plants will result in a fine for a first offense, with the amount doubling for subsequent offenses.

The rules regarding the actual smoking of pot are similar to the restrictions imposed on tobacco smokers. You will not be able to smoke in any enclosed health or social services institutions, nor will you be able to smoke pot on the grounds of post secondary schools. Pot smoking is also prohibited in any enclosed spaces where childcare or activities for minors is provided, though there is an exception if activities are held in a private residence.

You cannot smoke pot in any enclosed spaces where “sports, recreational, judicial, cultural or artistic activities or conferences, conventions or other similar activities are held”. Marijuana smoking is also prohibited at parties that are by invitation only, the enclosed spaces of non-profit organizations, as well as the common areas of residential buildings containing more than two dwellings and workplaces.

This is just the tip of the iceberg, as the list of spaces where pot smoking is prohibited is quite long. The fines for breaking these rules will range from five hundred dollars to fifteen hundred for a first offense.

Despite the restrictions on pot smoking in enclosed spaces, the law does allow certain places to set up smoking rooms exclusively for the purpose of consuming cannabis on their grounds. These include facilities maintained by health and social services, common areas of seniors’ residences, and palliative care facilities.

It should be noted that Bill 157 is worthless until the federal government passes the promised cannabis legalization bill. Until it does and the provincial governments know for sure what’s in it, no law regarding the distribution and consumption of marijuana can be enacted.

That is why Quebec’s law has been tabled, meaning that it’s simply been taken into consideration, not passed. It is probable that when the federal government’s legalization bill is presented in Parliament, Bill 157 will have to be changed to accommodate any federal rules as the central government maintains control over criminal law.

Despite the whining of critics paranoid about children getting their hands on weed, Canada for the most part seems united on the subject of legalizing mostly harmless and widely used herb. Here’s hoping our governments do it right.

It is utterly disgusting that in 2017 we still need to have conversations about the unacceptability of sexual harassment and sexual assault. Though our laws guarantee equality of the sexes and freedom from discrimination, the fact that so many Canadians shared the hashtag #MeToo indicates that sexual harassment and assault are still very much a problem.

For those unfamiliar with the #MeToo movement, it started with reports that movie producer Harvey Weinstein sexually harassed and assaulted the women he worked with. The hashtag was used to show the magnitude of the problem of sexual harassment and assault, the idea being that if every victim shared it on their social media feed, society would finally understand how vast the problem is.

This article is a primer on sexual harassment and assault in Canada.

Sexual harassment is a form of harassment based on the person’s sex. According to the Quebec Institut National de Santé Publique, legally a victim must prove three things in order to prove sexual harassment:

  1. “Unwanted sexual behaviour
  2. That manifests itself repeatedly, and
  3. That has adverse effects on its victims.”

The behavior can be anything from words to actions to posters, but for the victim it has to feel “targeted and unwelcome” with adverse effects. In Quebec the behavior has to be repetitive and harassment can manifest itself in being denied raises or promotions in retaliation for refusing sexual advances, or sexual behavior in the workplace that creates a hostile environment for the victim(s).

Legal recourse for victims of sexual harassment can consist of filing a complaint against your employer with the Commission des Normes de Travail (CNT), filing a civil liability suit against their harasser, or lodging a criminal harassment complaint which could get the offender up to ten years in jail. The employee could also, where applicable, file a complaint for psychological harassment with the Commission de la santé et de la sécurité au travail (CSST) and request compensation if the harassment is so severe he or she can no longer work.

Now let’s talk about sexual assault and consent.

Sexual assault is any application of force to another person that is sexual and without the other person’s consent.

Consent is the voluntary agreement to engage in sexual activity. It can be withdrawn at any time, and there is no consent where the victim was coerced, incapable of agreeing to the sexual activity due to their age or, for example, because they’re unconscious, or if someone agreed to the activity on their behalf.

There is also no consent if you abuse a position of power or trust, or of course, if the person expresses lack of consent. Passivity does not constitute consent.

Without consent, there is sexual assault. The penalty for sexual assault in Canada is a maximum penalty of five years, or if a weapon was used causing bodily harm, a maximum of ten years.

Myths

That said, we need to debunk a few myths:

  • MYTH: A woman’s behaviour or style of dress provokes sexual assault

The argument goes like this:

“If she’d been more modest (in dress or behavior) this never would have happened.”

No behavior or manner of dress excuses sexual assault.

Arguments about behavior and dress shift the blame from the assaulter to the victim, and reinforce toxic gender stereotypes against men and women by claiming that sexual assault is a woman’s problem, and that the reason assaults happen is because men are horny aggressive beasts who can’t control themselves and women provoke them.

Here’s a wakeup call: conservatively dressed people get assaulted, as do less conservatively dressed people. Quiet, modest people get assaulted, as do the bombastic and loud. Men get assaulted, as do women. To quote the Ontario Coalition of Rape Crisis Centers:

“Offenders are solely responsible for their own behaviour.”

  • MYTH: Sexual Assault is over reported

Less than ten percent of all sexual assaults are reported.

There is a huge stigma associated with reporting assaults, making harder on the victim than on the offender. This is likely because our culture still lacks a proper grasp of what constitutes consent. As a result victims are often interrogated and dragged through the mud about their behavior before and after the assault, rather than their attackers.

  • MYTH: It’s not Sexual Harassment if the victim does not complain about it

The unequal relationship that often exists between employees and their harasser will often lead to silence for fear of causing conflict that could jeopardize their job.

  • MYTH: Sexual Harassment and Sexual Assault are Women’s Problems

Men are often the victims of sexual harassment and assault, though it is likely that the available numbers about it are a modest estimate due to under-reporting.

The stigma associated with males reporting their victimization is likely because our society still adheres to notions of toxic masculinity. Toxic masculinity pushes a narrow and repressive notion of what it means to a man, specifically that any display of stereotypically feminine traits, such as emotional vulnerability or even being victimized makes you less of a man. According to a 2015 article in Psychology Today, the men most likely to be victims of sexual harassment were those who deviated from stereotypical notions of masculinity by being members of a sexual minority or being involved in feminist causes. Men who challenged traditional gender roles were also more likely to be victimized.

It should be said that even if sexual harassment and assault were strictly women’s problems, it does not lessen importance of fixing the problem. If we as a society recognize that women are fully human, a problem that affects only them must be recognized as a problem that hurts us all.

It should also be said that gender segregation is not a solution because it puts the onus of avoiding harassment and assault on the people who are victimized. This encourages and exacerbates a culture of victim blaming.

So what is the solution?

We need to teach people about consent as early as possible, that means teaching kids about the importance of personal physical boundaries and evils of sexism and unwanted touching. The lessons should be taught to all genders and not just to girls as they generally are now.

Schools should have a zero-tolerance policy about sexual harassment and assault and even something we used to think of as a common joke – snapping bra straps – should be recognized as a form of assault and punished accordingly. Our education ministries would be wise to consult experts on sexual harassment and assault to better develop these policies and education programs.

The rules in Quebec about sexual harassment need to change.

Under our current rules, isolated incidents of sexual harassment are not considered as such, and they should be, particularly if the actions or words of the offender are significant enough to make a work environment hostile for the victim. A boss who tells a female employee “fuck me or you’re fired” and does not pursue it further should be seen as just as much of a harasser as one who regularly makes sexist jokes around his or her coworkers.

Last but not least, we need to better screen judicial appointees and law enforcement to ensure that, for example, people like former superior court judge Robin Camp are NEVER allowed to decide a rape case.

Law enforcement needs to be better trained to treat the victims like victims so they’re not so scared to come forward. Anyone lacking proper knowledge and empathy to deal with issues of sexual violence should be made to undergo sensitivity training and pass an exam to secure their position. Those who fail should be denied employment.

Sexual harassment and sexual assault are problems that affect us all. There’s no avoiding it, and there’s no denying it.

It’s time we fight it.