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Trudeau’s online harms bill threatens freedom of expression, constitutional lawyer warns

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8 minute read

From LifeSiteNews

By Anthony Murdoch

The legislation could further regulate the internet in Canada by allowing a new digital safety commission to conduct ‘secret commission hearings’ against those found to have violated the new law.

A top constitutional lawyer warned that the federal government’s Online Harms Act to further regulate the internet will allow a new digital safety commission to conduct “secret commission hearings” against those found to have violated the new law, raising “serious concerns for the freedom of expression” of Canadians online.

Marty Moore, who serves as the litigation director for the Justice Centre for Constitutional Freedoms-funded Charter Advocates Canada, told LifeSiteNews on Tuesday that Bill C-63 will allow for the “creation of a new government agency with a broad mandate to promote ‘online safety’ and target ‘harmful content.’”

“The use of the term ‘safety’ is misleading, when the government through Bill C-63 is clearly seeking to censor expression simply based on its content, and not on its actual effect,” he told LifeSiteNews.

Moore noted that the bill will also “open doors for government regulation to target undefined psychological harm.”

The new government bill was introduced Monday by Justice Minister Arif Virani in the House of Commons and passed its first reading.

Bill C-63 will create the Online Harms Act and modify existing laws, amending the Criminal Code as well as the Canadian Human Rights Act, in what the Liberals under Prime Minister Justin Trudeau claim will target certain cases of internet content removal, notably those involving child sexual abuse and pornography.

Details of the new legislation to regulate the internet show the bill could lead to more people jailed for life for “hate crimes” or fined $50,000 and jailed for posts that the government defines as “hate speech” based on gender, race, or other categories.

The bill calls for the creation of a digital safety commission, a digital safety ombudsperson, and the digital safety office.

The ombudsperson and other offices will be charged with dealing with public complaints regarding online content as well as put forth a regulatory function in a five-person panel “appointed by the government.” This panel will monitor internet platform behaviors to hold people “accountable.”

He said that while the Commission’s reach is “only vaguely undefined,” it would have the power to regulate anyone who operates a “social media service” that “has a yet-to-be-designated number of users or is “deemed a regulated service by the government without regard to the number of users.”

According to the Trudeau government, Bill C-63 aims to protect kids from online harms and crack down on non-consensual deep-fake pornography involving children and will target seven types of online harms, such as hate speech, terrorist content, incitement to violence, the sharing of non-consensual intimate images, child exploitation, cyberbullying and inciting self-harm.

Virani had many times last year hinted a new Online Harms Act bill would be forthcoming.

Law opens door to secret or ‘ex parte’ warrants, lawyer warns

Moore observed that Bill C-63 also gives the commission the ability to seek secret or “ex parte warrants to enter people’s homes and to impose massive fines.” He told LifeSiteNews this will “likely coerce those operating social media services to exceed the Commission’s requirements of censorship on Canadians’ expression.”

Moore also confirmed that the Trudeau government’s new bill will “allow for” the creation of “secret commission hearings” simply on the basis that the “commission considers secrecy to be ‘in the public interest.’”

Moore told LifeSiteNews that the bill will also allow for the digital safety commission to be made an “order of the Federal Court.” He said this brings about a “serious concern that the commission’s orders, reissued by the Federal Court, could result in people being fined and imprisoned for contempt, pursuant to Federal Courts Rules 98 and 472.”

“While people cannot be imprisoned under section 124 of Bill C-63 for refusing to pay a Commission-imposed fine, it is possible that having a Commission order reissued by the Federal Court could result in imprisonment of a person for refusing to impose government censorship on their social media service,” he said.

 Lawyer: Trudeau’s bill will allow for ‘confidential complaints’

As part of Bill C-63, the Trudeau Liberals are looking to increase punishments for existing hate propaganda offenses substantially.

The Online Harms Act will also amend Canada’s Human Rights Act to put back in place a hate speech provision, specifically, Section 13 of the Act, that the previous Conservative government under Stephen Harper had repealed in 2013 after it was found to have violated one’s freedom of expression.

The text of the bill, released Monday afternoon, reads that the Canadian Human Rights Act will be amended to add a section “13” to it.

Moore warned that the return of section 13, will allow for “confidential complaints.”

As fines top $50,000 with a $20,000 payment to victims, the new section 13, Moore observed, “will undoubtedly cast a chill on Canadians expression, limiting democratic discourse, the search for truth and normal human expression, including attempts at humour.”

Conservative Party of Canada (CPC) leader Pierre Poilievre said the federal government is 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 enforcing criminal laws rather than censoring opinions is the key to protecting children online.

During a February 21 press conference, Poilievre said, “What does Justin Trudeau mean when he says the word ‘hate speech?’ He means speech he hates.”

Thus far, Poilievre has not commented on the full text of Bill C-63. Many aspects of it come from a lapsed bill from 2021.

In June 2021, then-Justice Minister David Lametti introduced Bill 36, “An Act to amend the Criminal Code and the Canadian Human Rights Act and to make related amendments to another Act (hate propaganda, hate crimes and hate speech).” It was blasted as a controversial “hate speech” law that would give police the power to “do something” about online “hate.”

Energy

Ottawa’s emissions cap—all pain, no gain

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From the Fraser Institute

By: Julio Mejía, Elmira Aliakbari and Tegan Hill

According to a recent analysis by the Conference Board of Canada think-tank, the cap could reduce Canada’s GDP by up to $1 trillion between 2030 and 2040, eliminate up to 151,000 jobs by 2030, reduce federal government revenue by up to $151 billion between 2030 and 2040, and reduce Alberta government revenue by up to $127 billion over the same period.

According to an announcements last week by Premier Danielle Smith, the Alberta government will use the Alberta Sovereignty within a United Canada Act to challenge Ottawa’s proposal to cap greenhouse gas emissions from the oil and gas sector at 35 per cent below 2019 levels by 2030.

Premier Smith, who said the cap will harm the economy and represents an overstep of federal authority, also plans to prevent emissions data from individual oil and gas companies from being shared with Ottawa. While the federal government said the cap is necessary to fight climate change, several studies suggest the cap will impose significant costs on Canadians without yielding detectable environmental benefits.

According to a recent report by Deloitte, a leading audit and consulting firm, the cap will force Canadian firms to curtail oil production by 626,000 barrels per day by 2030 or by approximately 10.0 per cent of the expected production—and curtail gas production by approximately 12.0 per cent.

Deloitte estimates that Alberta will be hit hardest, with 3.6 per cent less investment, almost 70,000 fewer jobs, and a 4.5 per cent decrease in the province’s economic output (i.e. GDP) by 2040. Ontario will lose 15,000 jobs and $2.3 billion from its economy by 2040. And Quebec will lose more than 3,000 jobs and $0.4 billion from its economy during the same period.

Overall, the country will experience an economic loss equivalent to 1.0 per cent of the value of the entire economy (GDP), translating into lower wages, the loss of nearly 113,000 jobs and a 1.3 per cent reduction in government tax revenues. Canada’s inflation-adjusted GDP growth in 2023 was a paltry 1.3 per cent, so a 1 per cent reduction would be a significant economic loss.

Deloitte’s findings echo previous studies. According to a recent analysis by the Conference Board of Canada think-tank, the cap could reduce Canada’s GDP by up to $1 trillion between 2030 and 2040, eliminate up to 151,000 jobs by 2030, reduce federal government revenue by up to $151 billion between 2030 and 2040, and reduce Alberta government revenue by up to $127 billion over the same period.

Similarly, another recent study published by the Fraser Institute found that the cap would reduce production and exports, leading to at least $45 billion in lost economic activity in 2030 alone, accompanied by a substantial drop in government revenue.

Crucially, these huge economic costs to Canadians will come without any discernable environmental benefits. Even if Canada entirely shut down its oil and gas industry by 2030, eliminating all GHG emissions from the sector, the resulting reduction in global GHG emissions would amount to a mere four-tenths of one per cent with virtually no impact on the climate or any detectable environmental, health or safety benefits.

Given the demand for fossil fuels, constraining oil and gas production and exports in Canada would likely merely shift production to other countries with lower environmental and human rights standards such as Iran, Russia and Venezuela. Consequently, global GHG emissions would increase, not decrease. No other major oil and gas-producing country has imposed a similar cap on its leading export sector.

The Trudeau government’s proposed cap, which still must pass the House and Senate, would further strain an already struggling Canadian economy, and to make matters worse, do virtually nothing to improve the environment. The government should cancel the cap plan given the economic costs and nonexistent environmental benefits.

Tegan Hill

Director, Alberta Policy, Fraser Institute

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Crime

Luxury Vancouver Homes at the Center of $100M CAD Loan and Chinese Murder Saga

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In a case intertwining toxic loans, a brutal murder, and a court-ordered execution in China, amid the transnational flow of millions into Vancouver’s luxury real estate market, two families are locked in a legal battle over at least five high-end homes in areas of the city reshaped by decades of murky capital flight funneled through underground transfers into Canada’s West Coast.

The plaintiffs’ case, which initially focused on at least eight properties—now reduced to five—alleges that “many millions” worth of real estate was purchased with proceeds from unpaid loans in China and fraudulent transfers into Vancouver real estate.

On November 21, the Supreme Court of British Columbia delivered a procedural ruling allowing the six-year-long Canadian court battle, which includes sordid details such as the slaying of the lender family patriarch in China by the borrower, the now-deceased Long Ni, to continue.

Mr. Ni had promised the lender and his family high returns—up to 50 percent per annum—for providing him funds to invest in Chinese coal mines, the filings say.

Before his death, Changbin Yang, a 54-year-old businessman, had extended two series of loans to Mr. Ni, neither of which had been repaid. The first series, predating 2014, totaled approximately $100 million CAD, including interest. The second involved two loans in April 2017 of about $6 million CAD.

A key detail emerged from a Chinese court ruling in Hubei province. It said Mr. Yang’s claim for massive debt repayments stemmed from a series of promissory notes, culminating in a master promissory note “issued by Mr. Ni to Mr. Yang dated April 8, 2017, three months before Mr. Yang was murdered.”

On July 25, 2017, Mr. Yang was murdered in China at Mr. Ni’s behest. Following the murder, Mr. Ni was prosecuted, convicted, and sentenced to death by the Chinese courts. After exhausting all appeals, he was executed in 2020.

The plaintiffs in the lawsuit are five relatives of Mr. Yang, including his wife, Ms. Liu, and various other family members. Most are permanent residents of Canada living in China. They allege that the murderer’s family are “sitting on property in Vancouver worth many millions of dollars,” the November 2024 B.C. Supreme Court ruling says.

The plaintiffs are seeking judgment against all three defendants—Mr. Ni (now deceased), his wife, Ms. Chen, and his daughter, Ms. Ni—for debt, conversion, and unjust enrichment amounting to approximately $113.5 million CAD.

But Mr. Ni’s family, now living in Vancouver, denies financial ties to the executed borrower and asserts that the court battle is preventing them from selling some of their Canadian properties.

“Ms. Chen and Ms. Ni filed a joint response to the civil claim,” the procedural ruling states, in which “they deny any involvement in, or even knowledge of, the financial transactions between Mr. Yang and Mr. Ni. They plead the allegations of wrongdoing against them ‘are fabrications from start to finish.'”

Filings in the case detail the circumstances under which the murderer’s family settled in Vancouver, apparently four years after Mr. Ni started drawing on loans from his subsequent victim.

In her affidavit dated September 13, 2024, the murderer’s wife described how the family moved to Vancouver in 2011 after she obtained permanent resident status the previous year. She and her husband purchased their matrimonial home on West 33rd Avenue in December 2010 and moved in by March 2011. While Mr. Ni continued working in China, he visited his family in Canada several times a year.

Ms. Chen described their marriage as “a typical relationship in that part of China,” stating that she was a stay-at-home mother while her husband was the family’s breadwinner. She claimed to be aware only in a general sense of what her husband did for a living and, in accordance with her culture, would not “pry into his business affairs.” Ms. Chen also detailed purchasing two rental properties in 2011—on Granville Street and West King Edward Avenue—using money that her husband earned.

The murderer, Mr. Ni, was alive when the lawsuit was initiated and filed a “bare-bones” Response to Civil Claim in December 2018. Following his execution, his counsel withdrew, leaving Ms. Chen and Ms. Ni to face the allegations alone.

Initially, the plaintiffs’ claim targeted “at least” eight properties in Vancouver and Burnaby. They specifically alleged that each of these properties had been purchased by Mr. Ni with the loan proceeds from Mr. Yang and registered, either at the time of purchase or later, in the name of his wife or daughter. However, as the case progressed, doubts arose regarding the true ownership of three properties. The plaintiffs amended their claim to focus on five properties, refining their allegations.

The lawsuit now centers on five properties located across Vancouver’s most exclusive neighborhoods, including Shaughnessy, Kitsilano, Kerrisdale, and West Point Grey—areas renowned for their affluence and skyrocketing home prices.

Notably, West Point Grey is the riding of B.C. Premier David Eby and the neighborhood where Canadian Prime Minister Justin Trudeau once taught at a private school before entering Liberal Party politics. The plaintiffs allege they have traced funds from Mr. Ni’s business activities and alleged crimes in China to these properties.

Commenting on his sympathy toward the plaintiffs—despite long procedural delays in their case—in November 2024, Supreme Court Justice Kent wrote, “The plaintiffs are victims of a horrific crime committed by Mr. Ni.”

Addressing the defendants’ claims of ignorance regarding the murderer’s business activities in Chinese mining, he added, “Although Ms. Chen and Ms. Ni testify in their affidavits that they had no knowledge of Mr. Ni’s business affairs, they do not deny that the money used to purchase the properties registered in their name was supplied by Mr. Ni from his business activities in China.”

Travel restrictions due to the COVID-19 pandemic added another layer of complexity. Ms. Liu pointed out that Mr. Ni’s incarceration in China meant he was unable to testify in the British Columbia proceedings, although his testimony was available for the Chinese litigation. She also noted that in 2022, with China’s borders closed, the plaintiffs were uncertain whether they could travel to Canada for the trial.

According to Ms. Liu, the plaintiffs had information suggesting that Mr. Ni had used the loaned funds to invest in coal mines in China. They hoped to enforce the Chinese judgment against these assets before pursuing real estate recovery in Canada.

This case, far from finished, is representative of numerous similar legal battles over Vancouver property, characterized by complex transnational loan arrangements, frequently linked to underground banking and opaque business dealings in China. It underscores the challenges of Canadian courts in mediating massive property dealings involving allegations of transnational financial fraud, sometimes intertwined with violent crime and debt enforcement battles.

As Canada grapples with a housing affordability crisis—issues The Bureau’s investigations suggest are partly linked to international underground banking networks involving China and Middle Eastern states—this case seems emblematic of systemic challenges extending far beyond the dispute between the families of the murdered lender Mr. Yang and the executed borrower Mr. Ni.

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