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

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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.”

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David Clinton

What Happens When Ministries Go Rogue?

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The Audit

 David Clinton

Global Affairs Canada and the strange, wonderful world only they can see

This is an older (and longer) version of an article just published by the Macdonald-Laurier Institute.

Some may think of the people behind Global Affairs Canada (GAC – also known as Department of Foreign Affairs) as Canada’s brightest and best, executing a sophisticated and far-seeing foreign policy. They may be right. But the description that more readily comes to my mind is “completely out of control.” I may be wrong.

But if I am wrong, I’m not the only one. Vivian Bercovici – a former Canadian ambassador to Israel – quoted former Prime Minister Harper as saying “that in his 10 years in office, the most difficult department for his government to work with was Foreign Affairs.”

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What is it about GAC, and Western foreign services in general, that makes them so subversive? Bercovici puts it this way:

“In the postwar years, foreign-affairs bureaucracies in Western democracies ballooned in size. Foreign-service officers saw themselves as better-informed and -trained to manage diplomatic complexities than the elected officials they supposedly served. They also mastered the art of diffusing responsibility and outcomes among the many layers and offices engaged in any particular issue. As a practical matter, this means that neither success nor failure is attributed to individuals, resulting in a lack of accountability throughout the organization. It also means that internal sabotage of the will of government is more easily effected and concealed. Where authority and responsibility are blurred, accountability is impossible.”

All that’s well above my pay grade. But I’m perfectly capable of observing the work GAC actually does. So I’m going to discuss three specific GAC programs that seem to present some unhealthy processes and patterns. Perhaps they’ll help us reach useful conclusions.

GAC and the Global Fund

According to GAC’s Project Browser tool, between 2008 and 2022 Canada committed $3.065 billion to the Global Fund to Fight AIDS, Tuberculosis and Malaria. Which on the face of it is great. No one here is cheering for Team Malaria, right? But we should ask a couple of questions:

  1. Is the scale of the support appropriate given financial constraints back home?
  2. Was that money well spent?

I’m not going to even try to answer the first question: that’s something for Canadians to talk about as a society. For context though, GAC’s total annual budget for foreign aid funding seems to be in the neighborhood of $16 billion (of which around $2 billion goes to United Nations agencies). $16 billion would represent roughly 4 percent of total annual federal government expenditures.

However I do have a lot to say about question number two. First of all, the Global Fund to Fight AIDS, Tuberculosis and Malaria has been dogged by serious accusations of corruption and lack of transparency for more than a decade. That means there’s a good chance a substantial proportion of our money ended up moving through private Caribbean bank accounts on its way to cozy dachas in Sochi.

But I’m going to ignore that for now because we can’t be sure the funny business is still happening. And because if we canceled all government programs that were at risk of misuse we’d have to lay off the entire federal civil service. Which would be a very bad thing, because…well it just would.

Instead, I’ll focus on measuring the impact of our investment. What were the goals GAC set for its Global Fund contribution? Their own website fills us in:

The expected results are defined by the “Global Fund Strategy 2017-2022”. This strategy includes the following targets, to be achieved by 2020: (1) 90% of persons living with HIV (PLHIV) know their status, 90% PLHIV who know their status and receiving treatment; and 90% of people on treatment have suppressed viral loads; (2) a 20% and 35% decline in TB incidence rate and TB deaths respectively, compared with 2015; and (3) at least a 40% reduction in malaria mortality rates and malaria case incidence, compared with 2015.”

The GAC planners obviously felt that spending $3 billion over five years or so was reasonable as long as, between 2015 and 2020, it contributed to a 35 percent decline in TB deaths, a 40 percent decline in malaria deaths, and the 90%-90%-90% formula for people with HIV. And I’ll admit that it’s a compelling argument.

The thing is though, that no one could have known whether we’d actually achieve those results. And given the built-in ambiguity of the program’s goals, it’s not we could ever know whether it was a success. The decision therefore was a gamble. And the table stakes were $3 billion belonging to Canadian taxpayers.

Should nameless, unelected planners have that much power over our money? Assuming that they’re genuine domain experts, then sure. Who else is better? But:

With great power comes great responsibility. (Nietzsche? Kant? Aristotle? Nope. Spiderman’s uncle)

Claiming to possess domain expertise isn’t free: if you break it, you own it. So if death rates happily fell during the program years then the planners should be rewarded for their service to humanity. But if they didn’t fall, or if they didn’t fall as much as predicted then, at the very least, people should lose their jobs.

Fortunately, with the hindsight allowed us by historical data, we can easily see how things worked out. Unfortunately, it looks like the fine folk at GAC stepped on a rake.

Our World in Data numbers give us a pretty good picture of how things played out in the real world. Tragically, Malaria killed 562,000 people in 2015 and 627,000 in 2020. That’s a jump of 11.6 percent as opposed to the 40 percent decline that was expected. According to the WHO, there were 1.6 million tuberculosis victims in 2015 against 1.2 million in 2023. That’s a 24.7 percent drop – impressive, but not quite the required 35 per cent.

I couldn’t quickly find the precise HIV data mentioned in the program expectations, but I did see that HIV deaths dropped by 16 percent between 2015 and 2019. So that’s a win.

But it’s clear that the conditions underlying the GAC wager were not met.

To be fair, GAC reporting in 2023 claims that: “Since 2002, (their) efforts have contributed to a significant decline in deaths caused by AIDS (‑70%), TB (‑21%) and malaria (‑26%).” – but those figures are unsourced, badly outdated, and completely fail to account for program spending subsequent to 2015.

The government gambled more than $3 billion of taxpayer funds and lost the bet. To date, they have yet to apologize, assure us that they’re busy reassessing their future commitments, or publicize their plans for the individuals who so carelessly lost our money.

For that matter, were those individuals even GAC employees? It’s possible that the decision was made by representatives of the uber-expensive contract consulting firm, McKinsey. When will that information become public?

GAC and the World Food Programme

The Global Fund deal was one bad multilateral bet. Were there others? Sure. Over the five years between 2016 and 2021 GAC entrusted a total of $125 million with the UN World Food Programme to provide emergency food aid. Africa represented 60 percent of the program’s target, and the one policy marker designated as a “significant objective” was gender equality. The programs expected results included:

  • Improved access to food and nutrition assistance for food-insecure populations
  • Increased ability of the World Food Programme to provide appropriate responses to humanitarian crises

Overall, the “expected ultimate outcome is the reduced vulnerability of crisis-affected people, especially women and children.” Unfortunately, here too, the numbers moved in the wrong direction. As the graph shows, numbers from Our World in Data show that the percentage of people across the African continent who lack the minimum daily caloric intake – despite years of declines – has been climbing steadily precisely through the GAC’s program timeline. Malnutrition went from 15 to 19.7 percent since 2013.

I’ll admit that I can’t be sure I’m not oversimplifying things here. There could well have been powerful geopolitical or macro economic changes behind surges in malaria and malnutrition. Perhaps those crises would have been even worse had Canadian funding not been in place. Global events seldom have easy explanations.

But what I can see is a fairly consistent pattern. GAC spends hundreds of millions and billions of dollars on multi-year agreements with multilateral organizations. Key success indicators are rarely met. Persistent rumors of corruption and incompetence (and worse) often hover above the largest aid organizations. But there’s never any evidence of comprehensive program and mandate assessments within GAC itself. They might happen, but they’re not telling us. And that’s a problem.

Note: I received no response to repeated efforts to reach GAC officials for comment on these programs.

Refer a friend

GAC and the United Nations Relief and Works Agency

The government of Canada – through GAC – has long been among the major financial supporters of The United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). Leading up to the Hamas massacre on October 7, 2023, the 75 year-old United Nations agency had a yearly budget of more than 900 million U.S. dollars, and had long been accused of antisemitism, corruption, and complicity in war crimes.

At various points long before the current war, the Netherlands, Switzerland and the Unites States had all felt compelled to suspend payments to UNRWA over related concerns. The Harper government cut funding to UNRWA in 2010, but Prime Minister Trudeau restored it in 2016. Canada briefly froze funding to UNRWA in January 2024 due to the organization’s connections to the October 7 attacks but once again restored payments in March.

I’m curious to know what the quarter billion dollars that Canada has donated to UNRWA since 2016 was used for and what safeguards the government imposed to ensure we weren’t facilitating criminal or genocidal behavior.

In fact, the official record of Canada’s parliament includes the unanimous agreement of the Standing Committee on Foreign Affairs and International Development from Thursday, February 4, 2021, when they declared:

That the committee express its deep concern about certain educational materials circulated to students by UNRWA during the pandemic in error that violates the values of human rights, tolerance, neutrality and non-discrimination, at a time when UNRWA is receiving funding from the Government of Canada, and report this motion to the House”

It’s noteworthy that the final version of the text included the phrase “in error”. That addition was not agreed to unanimously, because it would suggest that the copious educational material openly promoting extreme nationalism and violence against Jews somehow only found its way into classrooms by some weird accident. (Someone might have left a window open and the wind blew book-filled boxes in. Could of happened to anyone.)

In the end, only the four Conservative members of the committee opposed the “in error” phrasing.

The motion was originally inspired by a report published by the Institute for Monitoring Peace and Cultural Tolerance in School Education (IMPACT-se). That report documented many instances of the glorification and promotion of violent Jihad, martyrdom, and terrorism within UNRWA educational materials.

As it turns out, it’s now clear that not only was the content created by UNRWA and included in their curricula by design, but it’s still being printed and widely taught in UNRWA schools (when they’re operational). The agency’s only practical response to the criticism was to remove references from their public-facing website.

Further research by IMPACT-se in the aftermath of the October 7 attacks has revealed how, for instance, “13 UNRWA staff members have publicly praised, celebrated or expressed their support for the unprecedented deadly assaults on civilians.” The report also documents how at least 18 UNRWA graduates have “died carrying out acts of terror.”

Of course, our concerns go far beyond education. Since the start of Israel’s land offensive in Gaza, it’s become painfully obvious that UNRWA schools and hospitals have been used as rocket launching areas, weapons storage facilities, and access points for Hamas military tunnels – all clear war crimes. It’s difficult to imagine how a reasonable person could conclude that UNRWA officials – and those providing program oversight – were not aware of those violations.

More recently, the UN itself admitted that at least nine of its employees “might have” been involved in the October 7 massacres and will be fired.

GAC – at least in its public statements – hasn’t ignored the problem. In June of 2023, they announced that:

Canada will remain closely engaged with UNRWA and continue to exercises (sic) enhanced due diligence for all humanitarian and development assistance funding for Palestinians. This work includes ongoing oversight, regular site visits, a systematic screening process and strong anti-terrorism provisions in funding agreements.”

The problem is that subsequent credible revelations have demonstrated that the “oversight” and “regular site visits” promised by GAC either never happened, were an embarrassing failure…or something much worse.

Canadians have a right to know how their money is spent. It would be helpful if the government, and Global Affairs Canada in particular, would at the very least tell us exactly how they’re going to fix these messes.

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What did Canada Ever Do to Draw Trump Tariff on Immigration, You Ask? Plenty

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By Todd Bensman as published by The Daily Wire

Much US national security and public safety damage from: an historic Canadian legal immigrant importation program and making Mexican travel visa-free.

President-elect Donald Trump bloodied Mexico and Canada with diplomatic buckshot this week by writing that, on his first day in office, he’ll levy devastating 25-percent trade tariffs on those two U.S. neighbors if they fail to crack down on illegal immigration and drug trafficking.

Much public puzzlement has filled international media coverage over why Trump would single out Canada for punishment equal to that of the far guiltier Mexico.

“To compare us to Mexico is the most insulting thing I’ve ever heard from our friends and closest allies, the United States of America,” Ontario Premier Doug Ford said. “I found his comments unfair. I found them insulting. It’s like a family member stabbing you right in the heart.”

“We shouldn’t confuse the Mexican border with the Canadian border,” Canadian Industry Minister Francois-Philippe Champagne said.

But this narrative seems intended to deflect public acknowledgement of what the liberal progressive government of Justin Trudeau did do to draw Trump’s tariff ire. In terms of immigration policy, the Canadian offenses are indeed much different from Mexico’s opened super-highway mass migration wave-throughs during the Biden-Harris years. But what Canada has done, arguably, damaged U.S. national security and public safety interests in harmful ways that media outlets on both sides rarely report.

Canada’s massive legal immigration program as a U.S. national security threat

Much of the damage arises from an historic Canadian legal immigrant importation program of unprecedented scope. Since the program’s 2021 implementation,  the Great White North has imported some 1.5 million foreign national workers (400,000+ per year for the nation of 38 million) from dozens of developing nations and hundreds of thousands more foreign students in just 2023 – the third record-breaking year of those.

Why are those programs a U.S. problem? Because a spiking number of foreign nationals are apparently abusing the Canadian programs as a Lilly pad from which to illegally enter the United States between northern border land ports of entry, among them proven threats to U.S. national security and public safety.

Why this traffic leaking into the United States is a problem – even though the total numbers illegally entering from Canada are small relative to those crossing from Mexico – arises from the fact that many hail from Muslim-majority nations and have, Canadian media reports, fueled a spate of terrorism and anti-Semitic attacks throughout Canada. As well, far too many of the Mexicans Canada has allowed in turned out to be cartel drug traffickers and killers.

Those kinds of criminals are crossing the U.S. northern border in increasing numbers due to Canadian policies that Canada could address if it wanted to.

Consider that U.S. Border Patrol apprehensions in the brush between U.S.-Canada land ports of entry jumped from 2,238 in FY2022 to 23,721 in FY2024, neatly coinciding with Trudeau’s mass legal immigration programs.

Among those crossing in illegally from Canada, for instance, were 15,827 Indian nationals in FY 2023 and 2024, 8,367 Mexicans, and 3,833 from unspecified countries listed only as “Other” on the U.S. Customs and Border Protection’s public statistics website.

A border-crossing terror plot foiled

Concern on both sides of the U.S.-Canada line has simmered for some years as Canadians saw the newcomers carry out  terror plots, actual attacks, and probably some of the record-breaking nearly 6,000 antisemitic incidents Canada logged since the Israel-Hamas war broke out.

What’s been happening in Canada was obvious to many.

“Canada has become a hotbed of radicalization, fanaticism, and jihadism,” wrote Casey Babb, Senior Fellow with the Macdonald-Laurier Institute in Newsweek shortly after the arrest. “As un-Canadian as it sounds, Canada has a terrorism crisis on its hands and that should worry the United States for a whole host of reasons.”

Concern would reach an apogee in October 2024, when a joint U.S.-Canadian counterterrorism operation thwarted a plot by a Pakistani student on a Canadian visa to illegally cross the northern border to conduct an October 2024 massacre of Jews in New York.

Muhammad Shahzeb Khan, a 20-year-old Pakistani citizen legally issued a Canadian student visa in June 2023, now stands accused in U.S. federal court of plotting an illegal-smuggler-assisted northern border crossing to carry out a mass shooting of Jews in New York City to celebrate with blood the October 7 anniversary of the Hamas massacre in Israel. Khan hoped it would go down in history as “the largest U.S. attack since 9/11”.

“We are going to nyc (sic) to slaughter them” with AR-style rifles and hunting knives “so we can slit their throats,” Khan told an undercover FBI agent he believed to be a co-conspirator, according to an agent complaint. “Even if we don’t attack an event we could rack up easily a lot of Jews.”

His was among the record-breaking 400,000 foreign student visas Canada issued in 2023.

That alarming new terrorism prosecution in New York State should have been enough to renew Trump’s interest in turning diplomatic pressure onto Canadian Prime Minister Trudeau’s mass legal immigration policies and border security on its side.

But terrorists cannot be the only concern.

Mexican cartel killers and traffickers in Canada crossing too

The incoming Trump administration 2.0 will need to force resolution of another issue of U.S. public safety concern dating to an especially damaging 2016 Trudeau move that went unaddressed until only recently. Trudeau rescinded 2009 visa requirements on Mexican citizens and against the advice of his own government that Mexican criminals would abuse the policy to fly in at will and bedevil Canadian cities and northern American ones too.

That’s just what was happening again by early 2017. A sustained surge was underway of Mexican nationals who, unable to easily cross the southern border under Trump 1.0, were flying over the United States into Canada. They would claim Canadian asylum, then cross southward over the less tended northern U.S. border.

Among them were the predictable – and predicted – Mexican cartel operatives.

Leaked Canada Border Services Agency intelligence reports said Mexican “drug smugglers, human smugglers, recruiters, money launders and foot soldiers” were turning up in greater numbers than ever before. The cartels went to work building human smuggling networks to move other Mexicans south over the American border, just as they did all along the southern border.

In July 2017, Global News quoted published the intelligence reports saying the ultra-violent Sinaloa cartel had turned up in Canada to “facilitate travel to Canada by Mexicans with criminal records.” Others identified included La Familia Michoacana, Jalisco New Generation, and Los Zetas.

For instance, whereas the reports said 37 Mexicans linked to organized criminal groups had entered between 2012 and 2015, 65 involved in “serious crimes” were identified midway through just 2017, compared to 28 in 2015. By May 2019, at least  400 Mexican criminals connected to drug trafficking, including sicario hitmen, were plying their trades in Canada, at least half of them in Quebec, according to a May 24, 2019, report in the Toronto Sun and other Canadian media outlets.

All had entered through the Trudeau visa loophole for Mexicans.

By the end of 2019, Canada saw a 1,400 percent spike in the number of bogus Mexican refugee claims, the vast majority naturally rejected, and of associated detentions.

Canada finally about to face the music

Only in February 2024 did the Americans pressure the Canadians finally begin to roll back some – but not all — of its visa-free Mexicans policy, because the influx had clogged Canada’s asylum system with too many bogus claims and also sent too many Mexicans illegally over the U.S. border, which presented a politically terrible look as the 2024 presidential election campaign got underway. Now, only Mexicans who already hold a US visa or old Canadian one can travel visa-free, while most other Mexicans with neither will have to apply for a Canadian one.

But the damage that must be managed today is by now well baked into the cake.

From January to mid-October 2022, for instance, 7,698 Mexican asylum seekers took direct flights from Mexico City to Montreal, according to a November 2022 Canadian Press story. The paper quoted officials at nonprofit refugee assistance groups attesting that most fly to Canada because they found out Trudeau’s visa-free policy also got them government financial assistance while awaiting their mostly denied asylum applications.

In their October 2021 book, The Wolfpack: The Millennial Mobsters Who Brought Chaos and the Cartels to the Canadian Underworld, journalists Peter Edwards and Luis Najera established that the Sinaloa Cartel now has a foothold across eastern Canada, with “solid control of cocaine shipments in and out of Canada.” The Arellano Felix group has its foothold in Vancouver and in the state of Alberta.

The Zetas are in Canada “involved with temporary migrant workers”.

Asked in 2023 if Canada’s importance to Mexican organized crime had increased “in recent years,” co-author Luis Najera answered: “I would say it has increased since criminal cells moved up north to settle and expand operations here. It is also strategic to have groups operating north of the U.S. border, close to key places such as Chicago and New York, and without the scrutiny of the DEA and rival groups.”

Canada is not Mexico but its policies pose consequences for the United States. Any normal U.S. administration would put Canada on the hook for adjusting its policies and more robustly guarding its supposedly treasured neighboring ally, the United States, from harm. If punishing trade tariffs finally focus Canada’s attention on those policy-driven harms, let them last until Canada fixes what it recklessly broke.

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