In Canada, a terrorist act is defined (in simplistic terms) in the Criminal Code as an act or omission, in or outside of Canada that is committed in whole or in part for a political, religious or ideological purpose, objective or cause and with the intention of intimidating the public or a segment of the public, with regard to its security, including its economic security or compelling a person, a government or domestic or international organization to do or to refrain from doing any act that intentionally causes death or serious bodily harm by violence, endangers a person’s life, causes a serious risk to the health or safety of the public or any segment of the public, causes substantial property damage if it is likely to result in the harm above mentioned or causes serious interference with or serious disruption of an essential service, facility or system whether public or private and includes a conspiracy, attempt or threat to commit any such act or omission or being an accessory after the fact or counselling in relation to any such act or omission.
DISTRACTED DRIVE-THRU?
DISTRACTED DRIVE-THRU? – At first blush it seems heavy handed however what you learn in a law practice is that there is almost always more to the story.
An Alberta man made headlines after being handed a $287 ticket for using his phone while behind the wheel in a Tim Hortons drive-thru. But there’s more to the story, according to local officials.
WHAT IS HATRED?
The Criminal Code of Canada does not define hatred but the Supreme Court of Canada has described it as: “connoting emotions of an intense and extreme nature that is clearly associated with vilification and detestation. Only the most intense forms of dislike fall within the ambit of this offence. In determining whether the communication expressed hatred the court must look at the understanding of a reasonable person in context. The analysis must focus on the speech’s audience and on its social and historical context. The speech is to be considered objectively having regard to the circumstances in which the speech was given, the manner and tone used and the persons to whom the message was addressed. In considering the mental element, one offence requires something less than the intentional promotion of hatred while another offence requires the person to have had, as a conscious purpose, the promotion of hatred against the identifiable group or foresight that the promotion of hatred against that group was certain to result and nevertheless communicated the statements.” CONFUSED YET? An identifiable group “means any section of the public distinguished by colour, race, religion, ethnic origin or sexual orientation.” BE CAREFUL HOW YOU EXPRESS YOUR OPINIONS ON SOCIAL MEDIA.
PROHIBITED ACTS UNDER BILL C-51 – are very broad and vague.
“activity that undermines the security of Canada” means any activity, including any of the following activities, if it undermines the sovereignty, security or territorial integrity of Canada or the lives or the security of the people of Canada:
(a) interference with the capability of the Government of Canada in relation to intelligence, defence, border operations, public safety, the administration of justice, diplomatic or consular relations, or the economic or financial stability of Canada;
(b) changing or unduly influencing a government in Canada by force or unlawful means;
(c) espionage, sabotage or covert foreign-influenced activities;
(d) terrorism;
(e) proliferation of nuclear, chemical, radiological or biological weapons;
(f) interference with critical infrastructure;
(g) interference with the global information infrastructure, as defined in section 273.61 of the National Defence Act;
(h) an activity that causes serious harm to a person or their property because of that person’s association with Canada; and
(i) an activity that takes place in Canada and undermines the security of another state.
THE TERROR OF CANADA’S HATE SPEECH LAWS
“Be forewarned: if you express certain political views, you may be committing a crime. Endorsing this power will, one day, very likely result in (your) own views being criminalized when (your) political enemies (rather than allies) are empowered.”
Ann Coulter is threatened with criminal prosecution in advance of a speech
Source: The creepy tyranny of Canada’s hate speech laws – Salon.com
WATERING PIGS AS A CRIMINAL OFFENCE – Where is the common sense?
WATERING PIGS AS A CRIMINAL OFFENCE – Where is the common sense? Surely this is not what we have a criminal justice system for.
A woman who fed dehydrated pigs in a truck on their way to a Canadian slaughterhouse now faces the threat of up to 10 years in jail. Anita Kranjc, 48, has been charged with “criminal mischief” for spraying “an unknown liquid into the trailer where the hogs were situated”, according to Canadian media reports. She could also be fined up to $5,000 (£3,300).
PENILE SWABS – Should the police be able to swab your genitals without a court order? The SCC will let us know.
If the Crown’s position is correct, then there is a higher legal test to swab the inside of an individual’s cheek than there is for a genital swab.
Source: SCC zeroes in on penile swabs
Using medical marijuana now OK in public places in Ontario under new regulations | Toronto Star
THIS IS SURPRISING – involuntary second hand exposure to someone else’s medication is okay in Ontario.
The exemption includes everything from movie theatres to restaurants, offices, stadiums, playgrounds full of children and more – even the legislature said Dipika Damerla, Ontario’s associate health minister.
Source: Using medical marijuana now OK in public places in Ontario under new regulations | Toronto Star
IMMIGRATION STATUS CAN BE A SENTENCING FACTOR -Man’s immigration status wins him slightly shorter sentence | Toronto Star
Thank goodness Judges still have some discretion to craft fair sentences. “Under the Faster Removal of Foreign Criminals Act, non-citizens sentenced to terms six months or longer cannot appeal to the Immigration Appeal Division if a decision is made to deport them. Before the new law came into effect this year, that threshold was two years.”
A Toronto court credited a Vietnamese-Canadian permanent resident for time served and gave him a suspended sentence with probation.
Source: Man’s immigration status wins him slightly shorter sentence | Toronto Star
THERE IS SO MUCH FOR THE JUSTICE MINISTER TO DO
When you list it all you start to realize how terrible our justice system has become.
A look at the mandate letter the PM gave to new minister of justice Jody Wilson-Raybould shows why she’ll be one of the busiest members of cabinet in 2016.