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Online Harms bill could see Canadians face house arrest based on citizen complaints: Constitutional lawyer

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7 minute read

From LifeSiteNews

By Anthony Murdoch

Constitutional lawyer Marty Moore has warned LifeSiteNews that under the proposed Online Harms Act, courts could impose restrictions on Canadians under threat of jail if there is ‘fear’ the accused may commit a ‘hate crime’ in the future.

A top constitutional lawyer has told LifeSiteNews that the most “shocking” part of the Trudeau government’s proposed “Online Harms Act” is that it could allow provincial courts to impose house arrest on Canadians over a “fear” that they may commit a “hate crime” in the future.

“Possibly the most shocking part of this Bill is the addition of section 810.012 to the Criminal Code,” Marty Moore, who serves as the Litigation Director for Charter Advocates Canada, which is fully funded by the Justice Centre for Constitutional Freedoms (JCCF), told LifeSiteNews. 

“Under this new provision, a person can assert to a provincial court that they ‘fear’ someone will promote genocide or antisemitism, and that provincial court is empowered to jail a person for one year (two years if they have previously been convicted of such an offense) if they refuse to agree to court-imposed conditions.” 

Moore noted that the “court-imposed conditions” could be the mandated wearing of an ankle monitor, having a curfew, or not communicating with certain people.    

Similar pre-crime punitive tactics may also be carried out against Canadians for other so-called “hate” offenses unrelated to antisemitism or genocide, something Justice Minister Arif Virani, who introduced Bill C-63 into Parliament Monday, continues to defend.

“[If] there’s a genuine fear of an escalation, then an individual or group could come forward and seek a peace bond against them and to prevent them from doing certain things,” Virani said Wednesday, arguing that such tactics “would help to de-radicalize people who are learning things online and acting out in the real world violently – sometimes fatally.”

If passed, Bill C-63 will create the “Online Harms Act” and modify existing laws, including the Criminal Code and the Canadian Human Rights Act, in what the Liberals under Prime Minister Justin Trudeau claim will target certain already illegal internet content such as child sexual abuse and pornography. 

However, the proposed law also seeks to target broadly defined “hate speech,” leading many Canadians to worry the bill is a trojan horse being used to usher in political censorship.

Moore, as reported by LifeSiteNews on February 27, previously said that the “Online Harms Act” will allow a new “Digital Safety Commission” to conduct “secret Commission hearings” against those found to have violated the new law, which raises “serious concerns for the freedom of expression” of Canadians online.  

According to the bill’s text, Canadians could soon face life imprisonment for certain “hate crimes,” in addition to other years-long prison terms and hefty fines for online posts the government deems as “hate speech” on the basis of gender, race and other categories.

Bill gives overly ‘broad definition’ to the term ‘hateful content’ 

In additional comments to LifeSiteNews about Bill C-63, Moore warned that the bill gives a broad definition to the term “harmful content.” 

“The definition of ‘content that incites violence’ could capture someone encouraging minor property damage in a context where it ‘could cause’ a person to do something that ‘could’ interfere with an ‘essential service, facility or system,’” Moore told LifeSiteNews. 

“Similarly, the definition of ‘content that incites violent extremism or terrorism’ could capture expression that encourages minor property damage in the course of political protest designed to pressure government on a particular issue, if the expression ‘could cause’ a person to do something that ‘could cause’ a ‘serious risk to the health or safety of the public,’” he added.

Moore observed that given Canadians recent experience in dealing with COVID mandates and lockdowns, which “literally banned protests on the basis that they could cause a risk to the health or safety of the public,” it is not hard to see how “these provisions” in Bill C-63 could be used to “censor expression advocating for civil disobedience and, other than minor property damage, peaceful protest.” 

To enforce the proposed law, the bill calls for the creation of a Digital Safety Commission, a digital safety ombudsperson, and the Digital Safety Office. 

The ombudsperson along with the other offices will be charged with dealing with public complaints regarding online content. It will also put forth a regulatory function in a five-person panel “appointed by the government,” whose task will be monitoring internet platform behaviors to hold people “accountable.” 

Moore told LifeSiteNews that Canadians have already seen government “grossly abuse Canadians’ rights and freedoms in the name of preventing harm and ensuring safety (COVID mandates).” He noted that this bill could give a commission of unelected officials a “concerning” amount of “reach” into “Canadians’ lives.”

In addition to Moore, Conservative Party of Canada leader Pierre Poilievre has also indicated the proposed law may be dangerous, saying earlier this week that the federal government is merely looking for clever ways to enact internet censorship laws.  

On Tuesday in the House of Commons, Poilievre came out in opposition to the Online Harms Act, saying that if the Trudeau government’s goal is to protect children, he should be enforcing criminal laws rather than censoring opinions online.

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Crime

The US Canadian border: Greatest number of terrorist watch list individuals being apprehended at northern border

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A Border Patrol agent standing watch at the Montana-Canada border in the CBP Spokane Sector. The Spokane Sector covers the U.S.-Canada border along the northwestern section of Montana, part of Idaho, and the eastern part of Washington.

From The Center Square 

Lack of operational control at northern border poses national security threats

The northern border largely has been unmanned and understaffed for decades as federal reports issue conflicting conclusions about how much, or how little, operational control exists.

Some officials have suggested the U.S. Department of Homeland Security has just 1% operational control over the northern border after a 2019 General Accounting Office audit of U.S. Customs and Border northern border operations. But a December 2022 DHS report claimed, “The Border Patrol is better staffed today than at any time in its 87-year history,” noting no surveillance of extensive parts of the northern border existed prior to 9/11.

After 9/11, several federal agencies were combined to fall under the newly created Department of Homeland Security. Within 20 years, roughly 950 miles along the U.S.-Canada border from Washington to Minnesota, and roughly 200 miles along the northern border in New York and Lake Ontario, were under unmanned aircraft surveillance. None of these areas “were covered prior to the creation of DHS,” DHS says, meaning the northern border was largely unprotected since Border Patrol’s founding in 1924.

In 2012, DHS released its first unified department strategy for U.S.-Canada border security, prioritizing “deterring and preventing terrorism and smuggling, trafficking, and illegal immigration; safeguarding and encouraging the efficient flow of lawful trade, travel, and immigration; and, ensuring community resiliency before, during, and after terrorist attacks and other disasters.”

Within 10 years at the northern border, more than 2,200 Border Patrol agents were stationed between ports of entry; nearly 3,700 CBP officers were stationed at ports of entry; more than 35 land ports of entry were modernized; and thermal camera systems, mobile and remote video surveillance systems had been deployed.

Havre Sector Border Patrol agent patrolling northern border on an ATV. The Havre Sector covers the U.S.-Canada border along most of Montana’s northern border, and includes part of Idaho and all of Wyoming, Colorado and Utah.

Despite these improvements, “the northern border is under-resourced by far compared to the southwest border,” former Border Patrol chief Mark Morgan told The Center Square. “But at the same time, it still represents significant threats. Cartels are expanding their operations, flying people into Canada, which doesn’t require a visa, presenting an opportunity for terrorist watch-listed individuals to exploit. It’s much easier to get to Canada to come across.

“Data from 39 months shows terrorist watch-listed individuals are coming here every day and they aren’t stopping,” Morgan added.

For years and prior to the current border crisis, there weren’t enough personnel to cover all shifts, and the infrastructure, technology and equipment afforded to them didn’t compare to those at the southwest border, he said. People can easily drive snow mobiles over frozen territory or boats across the Great Lakes in areas that are unmanned, Morgan said, with a previous policy of self-reporting to authorities.

“The northern border represents a threat,” Morgan said. Noting it only took 19 men to carry out the 9/11 terrorist attacks, Morgan has warned that a terrorist threat is already in the U.S. No one knows how many terrorist watch-listed individuals have illegally entered who weren’t caught, multiple officials have told The Center Square.

While much attention has focused on the southwest border, the greatest number of known or suspected terrorists to ever be apprehended in U.S. history were at the northern border in fiscal 2023, breaking fiscal 2022’s record, The Center Square first reported.

This fiscal year through April, the greatest number of KSTs (known or suspected terrorists) continue to be apprehended at the northern border, 143 so far, according to CBP data.

Potential terrorist threats are not new and have persisted for some time, federal reports indicate. One Border Patrol  intelligence report says terrorist threats potentially come from “foreign violent extremists to exploit established alien smuggling routes and networks for the purpose of evading detection en route to the United States.”

Other threats include drug smuggling from Canada into the U.S., connected to “criminal groups with known ties to or hired by Mexican drug trafficking organizations” and human smuggling. In the last few years, human smuggling attempts and apprehensions have significantly increased, The Center Square has reported.

The Center Square first began reporting on northern border national security threats several years ago. Since then, apprehensions of illegal border crossers in the first six months of fiscal 2024 were the highest on record. In the busiest sector of Swanton, Border Patrol agents recently apprehended more people in one week than they did in all of fiscal 2021.

Last month, they apprehended more than 1,400 illegal border crossers, more than they did in fiscal years 2021 and 2022 combined, Swanton Sector Chief Border Patrol Agent Robert Garcia just announced, saying it was “another record-breaking milestone in northern border history.”

This is after they apprehended more than 6,700 in fiscal 2023, more than the apprehensions of the previous 11 years combined, The Center Square first reported.

The U.S.-Canada border is the longest international border in the world of 5,525 miles. Unlike the U.S.-Mexico border, there are no border walls or similar barriers along the U.S.-Canada border. Through DHS, CBP officers are tasked with border security at ports of entry and Border Patrol agents between ports of entry along 4,000 miles. The U.S. Coast Guard, working with CBP’s Air and Maritime Operations, covers maritime security.

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Slovakian prime minister who opposed WHO Pandemic Treaty shot in assassination attempt

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From LifeSiteNews

By Emily Mangiaracina

Slovakia recently announced that it would not support the WHO’s pending Pandemic Agreement, which Robert Fico has described as ‘nonsense’ that ‘could only be invented by greedy pharmaceutical companies.’

Slovakia Prime Minister Robert Fico, an outspoken opponent of the World Health Organization’s (WHO) pandemic accord, is “fighting for his life” after he was shot five times in an assassination attempt on Wednesday.

Fico is undergoing surgery while the gunman, who has not yet been publicly identified, is in custody, according to government officials. According to Slovakia Defense Minister Robert Kaliňák, Fico’s medical state is “extraordinarily serious,” and his surgery has been ongoing for at least 3 1/2 hours.

The assassination attempt, which occurred as he was leaving a government meeting, comes only a few days after Slovakia announced that it would not support the WHO’s pending Pandemic Agreement, including the new International Health Regulations (IHR) in the proposal. Slovakia’s health minister declared the country would not sign any agreements weakening the nation’s sovereignty, according to Radio Slovakia International

In November, Fico referred to the Pandemic Agreement as “nonsense” that “could only be invented by greedy pharmaceutical companies, which began to perceive resistance from some governments against mandatory vaccination,” Euractiv reported.

The WHO’s Pandemic Agreement, which has a May 2024 signing deadline, has been widely denounced as a threat to the national sovereignty of WHO member nations by giving the WHO greater power over the countries in the case of a declared public health emergency. All 49 Republican U.S. Senators have signed a letter urging the Biden administration to reject the WHO agreements, “or at least submit any agreement to the Senate as a treaty.”

During an appearance on Tucker Carlson’s podcast in January, liberal intellectual Bret Weinstein argued that the WHO is gearing up for a “re-run” of COVID-19 in order to set up a “totalitarian planet.” He noted that the agreement is being modified so the WHO will have even more power to crack down on voices that dissent from Big Pharma’s narrative.

Fico won a third term in October after running a campaign critical of Western support for Ukraine, and his government has already halted arms deliveries to the war-torn country, according to the Associated PressHe previously served as prime minister of Slovakia from 2006 to 2010 and from 2012 to 2018, holding a record as the longest-serving prime minister in the country’s history.

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