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Frontier Centre for Public Policy

Wokeism VS. classical liberal truth-based order at the root of Online Harms bill debate

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From the Frontier Centre for Public Policy

By Brian Giesbrecht, retired judge

You can be made a criminal as a result of someone’s emotional response to what you say or write online. A successful complainant can receive up to $20,000 for that anonymous complaint from the person complained about.

Wokeism versus the classical liberal truth-based order is what the discussion on the Online Harms Bill, C-63, is really about. Although some see it as a plot to undermine free speech, it may actually represent the legitimate view of progressives—wokeism—to promote social justice, as they see it. Prime Minister Justin Trudeau and his ministers—the first woke government in the history of Canada—sincerely believe in what they are doing. C-63 is wokeism at work.

I’m not talking about the sections designed to protect children from online harm. Everyone wants that. Whether or not the various digital safety commissars are necessary is questionable, but the politicians can sort that out. I’m referring specifically to the sections allowing anyone to anonymously make a complaint to the Canadian Human Rights Commission (CHRC) that someone has written or said something that is “hateful.” This is defined as causing someone to feel “detested” or “vilified.” You can be made a criminal as a result of someone’s emotional response to what you say or write online. A successful complainant can receive up to $20,000 for that anonymous complaint from the person complained about. And that person, who is now $20,000 poorer, can be ordered to pay a further $50,000 to the government after CHRC bureaucrats—appointed by the government—decide that he has hurt the feelings of the anonymous complainant.

We don’t have to imagine how this will work, because we have already seen it in action with Section 13, the previous incarnation of C-63. In one famous case, Ezra Levant, now of Rebel News, was the person complained about. He had dared to republish the infamous Danish cartoons of Mohammed. Someone complained, and Levant basically had years of his life, and most of his money, consumed with trying to defend himself.

The other famous Section 13 case related to the Islamist issue involved author and media personality Mark Steyn. His case was just as gruelling, time consuming, and expensive. Steyn eventually won, but at great cost in time and money.

Largely as a result of these cases, Section 13 was repealed by the Harper government. What had happened is that a commission with a particular view about Islamic issues had relentlessly prosecuted two men who legitimately held different views about the subject.

And that is exactly what we can expect with this resurrected version of Section 13.

It could be on Islamic issues where people have different views. Or it could be on a thousand other issues where people have different views.

The trans issue is one. The prime minister famously tweeted “Trans women are women.” That is a view held by many people. It is one of the fundamental tenets of progressivism—wokeism. However, many do not accept that view. How many? According to Professor Eric Kaufman, one-third of Canadians accept woke views, while two-thirds reject wokeism. This same two-thirds to one-third ratio also applies in Britain and United States. The one-third fervently believe that they must remake the world according to the way they know it must be, and that the two-thirds who don’t see it yet must be brought along.

So, with this proposed legislation, we see the problem immediately. Complaints will be made to the CMHR about a trans issue, for example, against someone within the two-thirds majority of the population who do not accept that “trans women are women” and that complaint will be adjudicated by mainly Liberal appointees—appointed in large part exactly because of their progressive views—who believe that “trans women are women.” The people complained about can expect to be treated the same way Levant and Steyn were treated: namely, being forced through lengthy and expensive hearings, simply for holding the same views that two-thirds of Canadians hold.

This is an absurd result. And the trans example is just one of many that can be expected to generate complainants. What about the belief that all indigenous complaints must be believed? This is the woke view, namely that the truthfulness of stories told within indigenous communities cannot be questioned in the usual way. The most dramatic example of this odd belief is the claim that 215 indigenous children were secretly buried at the former Kamloops Residential School, in some cases with the forced help of children as young as six. We were asked to believe this highly improbable claim simply because of stories that circulated within indigenous communities.

The Trudeau Liberals immediately accepted this baseless claim. A cabinet minister, Marc Miller, even publicly called a distinguished professor of history, Jacques Rouillard a “ghoul” for simply suggesting that it is in the interest of all Canadians that excavations should be undertaken at Kamloops to determine the truth. If a cabinet minister says such things, it can safely assumed that many other people are quite willing to lodge anonymous complaints against truth seekers, like this professor.

The prime minister actually gave an explanation of how he views free speech in a candid discussion with a journalist during the truckers’ convoy protest. He said that some Canadians—those opposing vaccine mandates and other forms of excessive government control—had “unacceptable views.” They must be stopped. Only “acceptable views”—his—would be allowed.

The problem with this simplistic view is that there are a myriad of subjects upon which people hold different views. Trudeau sincerely believed that these protesters were wrong, while the protestors just as sincerely believed that he was wrong. Imposing the Emergencies Act over a difference of opinion was an extreme move. We now know that what he did was unconstitutional. Bill C-63 is very similar to the use of the Emergencies Act. Both only make sense to the woke.

The classical liberal truth-based order, so painstakingly constructed, was built on free and raucous discussion. And that is the only way it can be maintained. That free discussion of ideas—no matter how offensive, “hateful,” or irksome they might be to people with different views—is vital to our democratic governance.

The woke view, on the other hand, insists that there are certain fixed ideas, such as systemic racism, trans women are women, etc., that must be accepted by everyone, at any cost.

That’s the fight that is underway now with the Online Harms Bill. One side—the one-third—say that they know the way, and everyone must follow. The other side—the two-thirds—say that no one “knows” the way, but only by free discussion can we find it. That free discussion of ideas is messy. People will have their feelings hurt by discussions that will not always be polite. But that’s exactly what has built our advanced civilization.

Wokeism versus classical liberal truth-based order. That’s what C-63 is about.

Children must be protected. Genocide is bad. No one argues with those things. But free speech must be protected. The one-third of the population who hold “woke” views are absolutely entitled to hold and express those views. But they cannot be allowed to prevent the two-thirds who view the world differently from expressing theirs.

Canadians are a trusting people, as Kaufman points out in the above article. And while the roughly two-thirds of the population that does not accept wokeism is identical to the two-thirds in Britain and United States, Canada is different from them in that our Conservative Party has been very reluctant to push back against wokeism, as the Conservatives do in Britain and the Republicans so vigorously do in America. The odd result is that the two-thirds non-woke Canadians tend to trust the one-third woke who have captured the media and our other major institutions. We saw that at work in the government control wielded during the COVID years. Bill C-63 can only make that tendency towards submission worse, by allowing only woke views—acceptable views—to be discussed publicly.

There will be some brave free-speech martyrs, like Levant and Steyn, who will be prepared to soldier on regardless of what legislation the current ideological government passes. But most people who would be inclined to push back against woke mantras—such as “a trans woman is a woman” or “all indigenous claims must be believed”—won’t, even if they know that the claims aren’t true. Canada will become the worse for it.

Wokeism is authoritarian, and will not tolerate free speech.

As drafted, Bill C-63 definitely contravenes Article 2 of the United Nations Declaration of Human Rights, which states that everyone has the right to their “political or other opinion.”

C-63, as drafted, is bad law. It must not be passed.

Brian Giesbrecht, retired judge, is a Senior Fellow at the Frontier Centre for Public Policy

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Alberta

‘Fireworks’ As Defence Opens Case In Coutts Two Trial

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From the Frontier Centre for Public Policy 

By Ray McGinnis

Anthony Olienick and Chris Carbert are on trial for conspiracy to commit murder and firearms charges in relation to the Coutts Blockade into mid-February 2022. In opening her case before a Lethbridge, AB, jury on July 11, Olienick’s lawyer, Marilyn Burns stated “This is a political, criminal trial that is un Canadian.” She told the jury, “You will be shocked, and at the very least, disappointed with how Canada’s own RCMP conducted themselves during and after the Coutts protest,” as she summarized officers’ testimony during presentation of the Crown’s case. Burns also contended that “the conduct of Alberta’s provincial government and Canada’s federal government are entwined with the RCMP.” The arrests of the Coutts Four on the night of February 13 and noon hour of February 14, were key events in a decision by the Clerk of the Privy Council, Janice Charette, and the National Security Advisor to the Prime Minister, Jody Thomas, to advise Prime Minister Justin Trudeau to invoke the Emergencies Act. Chief Justice Paul Rouleau, in submitting his Public Order Emergency Commission Report to Parliament on February 17, 2023, also cited events at the Coutts Blockade as key to his conclusion that the government was justified in invoking the Emergencies Act.

Justice David Labrenz cautioned attorney Burns regarding her language, after Crown prosecutor Stephen Johnson objected to some of the language in the opening statement of Olienick’s counsel. Futher discussion about the appropriateness of attorney Burns’ statement to the jury is behind a publication ban, as discussions occurred without the jury present.

Justice Labrenz told the jury on July 12, “I would remind you that the presumption of innocence means that both the accused are cloaked with that presumption, unless the Crown proves beyond a reasonable doubt the essential elements of the charge(s).” He further clarified what should result if the jurors were uncertain about which narrative to believe: the account by the Crown, or the account from the accused lawyers. Labrenz stated that such ambivalence must lead to an acquittal; As such a degree of uncertainty regarding which case to trust in does not meet the “beyond a reasonable doubt” threshold for a conviction.”

On July 15, 2024, a Lethbridge jury heard evidence from a former employer of Olienicks’ named Brian Lambert. He stated that he had tasked Olienick run his sandstone quarry and mining business. He was a business partner with Olienick. In that capacity, Olienick made use of what Lambert referred to as “little firecrackers,” to quarry the sandstone and reduce it in size. Reducing the size of the stone renders it manageable to get refined and repurposed so it could be sold to buyers of stone for other uses (building construction, patio stones, etc.) Lambert explained that the “firecrackers” were “explosive devices” packaged within tubing and pipes that could also be used for plumbing. He detailed how “You make them out of ordinary plumbing pipe and use some kind of propellant like shotgun powder…” Lambert explained that the length of the pipe “…depended on how big a hole or how large a piece of stone you were going to crack. The one I saw was about six inches long … maybe an inch in diameter.”

One of Olienick’s charges is “unlawful possession of an explosive device for a dangerous purpose.” The principal evidence offered up by RCMP to the Crown is what the officers depicted as “pipe bombs” which they obtained at the residence of Anthony Olienick in Claresholm, Alberta, about a two-hour drive from Coutts. Officers entered his home after he was arrested the night of February 13, 2022. Lambert’s testimony offers a plausible common use for the “firecrackers” the RCMP referred to as “pipe bombs.” Lambert added, these “firecrackers” have a firecracker fuse, and in the world of “explosive” they are “no big deal.”

Fellow accused, Chris Carbert, is does not face the additional charge of unlawful possession of explosives for a dangerous purpose. This is the first full week of the case for the defence. The trial began on June 6 when the Crown began presenting its case.

Ray McGinnis is a Senior Fellow with the Frontier Centre for Public Policy who recently attended several days of testimony at the Coutts Two trial.

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Frontier Centre for Public Policy

Cowering before carbon

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From the Frontier Centre for Public Policy

By Elizabeth Nickson

Despite turning this back this spring, South Dakota continues to be under attack by a freshly born green corporation, Summit Carbon Solutions, funded by China’s Belt and Road initiative, and you, through the Green New Deal provisions buried in the last debt ceiling deal, to pipe “carbon,” from the oil fields to some obscure part of the Dakotas and bury it. The “people” may “rise up” and demand it be shuttered, and all they do is crawl away and try again.

There can be no more stupid waste of money than this. But even some of our bravest politicians, including Kristi Noem, Pierre Poilivere and Danielle Smith in Canada cower before the almighty (anti-)carbon lobby and rabbit on about sequestering it. It is an industry into which thieves flood because it means you loot the public purse at the beginning through Green New Deal giveaways, and then for all perpetuity because of the tax advantage. People have been so scarified by the word, they do not know what it means anymore, they nod enthusiastically.

So let’s refresh: carbon = carbon dioxide. Plant food. Your outbreath. The thing that makes life on earth habitable. The thing they are trying to introduce into Mars to make it habitable. In order to terraform Mars, you need carbon dioxide.

A policy researcher friend tried to track down the annual billions, trillions over the last thirty years, that the U.N. and its various satellites have given of your money to “climate change” mitigation outfits in the Global South. The money vanishes, nothing happens, it’s stolen. She google-earthed one heavily PR’ed outfit, only to discover that it didn’t exist, just a pile of sand. These projects are payoffs to an army of activists placed at every weak point in the system. If the projects exist, they don’t work. Both the Guardian and Harper’s have done extensive work on the fraud of “climate mitigation.” Carbon sequestration is a scam meant to steal public money.

Yeah, this oughta work.

This time, Kristi Noem is facing down an activated people who are fit to be tied, protesting and signing petitions. This is generally taken as “the people’s voice” in the enviro business and must be obeyed. But not, apparently, when you are fighting “green.” This time, Summit Corporation is barreling through people’s farms, breaking into their barns, threatening ranchers with armed guards, and generally behaving like the WEFer army Trudeau sent to brutalize the truckers. This is a new iteration from the One World Government, anonymous Kevlar-coated mercenaries in the heartland.

So it is that the carbon dioxide pipeline in North Dakota is receiving rapid approvals and aggressive eminent domain clearing overturning the years, even decades it takes to clear a pipeline. The first thing Biden did was cancel the Keystone XL pipeline. It was protested by the activist army that moves into any hot spot, the leaders of which are paid well to lead the chaos. But in this instance, the carbon pipeline is being protested by actual residents fearing actual harm. Co2 is an unstable gas, unlike oil and natural gas. Co2 pipelines explode and kill people. They blow up in part because the technology is not sorted out, unlike petroleum engineering. But never mind! It’s virtuous. It’s fabulous, it must be done, whether you like it or not.

I know! Let’s overturn democracy. Writes Pipeline contributor Steven F. Hayward in the Claremont Review of Books:

The most overwrought, assertive climate change activists have a “transformative” agenda to halt and reverse global warming. The problem is that there’s no evidence voting majorities in any modern democracy are willing to be transformed by Green New Deals or other, even wilder schemes. And if the people reject the climate agenda? There must be ways to enact it despite them. There may even be ways to insist that this thwarting of the popular will is, in fact, a more noble rendering of democracy than mere government by consent of the governed.

He quotes Ross Mittiga, the author of “Political Legitimacy, Authoritarianism, and Climate Change,” asking whether we must sacrifice democracy to save the planet:

Satisfying this standard may entail elevating the status or power of experts in the political process by, for instance, affording them a salient consultatory role or even some kind of veto power over legislation…. One can imagine a “Supreme Court of Climate Experts,” tasked with evaluating, modifying, or striking down legislation to the extent it exacerbates the climate crisis or contributes to other grave forms of environmental destruction.

Observes Steve: “This hardly differs from the parade of authoritarian horrors offered elsewhere in the article.”

Oops.

Alas, all over the U.S., activists are attempting to override both political and judicial process placing their judgment above democratic process, and their pet judges agree. Usually local farmers, ranchers, rural businessmen and women are rolled flat by out-of-state lawyers and money from movie stars, but this time, the victims have constitutional lawyers. The South Dakota Freedom Caucus is fighting back and Gov. Noem is caught. Approving this pipeline will mean money for her coffers from Summit, jobs, albeit temporary; no doubt, federal funds will be held back until she approves it. You can read the Caucus’ extensive legal argument here.

Even the Sierra Club thinks carbon capture is fraudulent:

The fact that the 45Q tax break for carbon capture and sequestration specifically states that enhanced oil recovery [EOR] counts as sequestration means that these companies could get paid twice for the same carbon— first, via the tax break for capturing and shipping it, and again when they sell it for EOR. “The bottom line,” says [Richard] Kuprewicz, “is if you’re trying to get CO2 in the atmosphere to reduce global warming, but you’ve created this huge market incentive to drive and generate more oil recovery, that may be in conflict with getting rid of CO2 in the atmosphere… We’re getting ahead of ourselves on pipelines,” he says. “For billions of dollars you can make smart people do incredibly stupid things.”

Carbon capture is a gold rush, the gold being public money. Exxon Mobil just bought a carbon capture company.  Certainly it knows of the dangers and inefficacy, but such virtue signaling makes them look good. Summit Corporation is another dishonest outfit prospecting for free public money.

Opposition mounts. The South Dakota Public Utilities Commission has announced it will hold hearings on their pipeline in September. Three days ago, Daniel Horowitz of The Blaze asked why Noem was dragging her heels about calling a special session of the legislature to deal with the “carbon-capture” threat.

This problem has been festering for quite some time, it’s just that the governor thought she’d be able to quietly skate by enabling Summit Carbon Solutions and Navigator CO2 to do the dirty work while not overtly endorsing their project. Noem’s reluctance to call a session comes on the heels of her refusal to support the existing bill in the regular session. The governor is pretending like this issue is just beginning and that lawmakers need to send some new legislation for her to review. But she is very familiar with House Bill 1133, introduced by Rep. Karla Lems. There’s nothing to review; it’s a one-paragraph bill. It simply makes it clear that eminent domain can only be used for a pipeline that actually produces a public good, not merely captures carbon. Done.

Can’t we just box it and ship it?

In Illinois, through which carbon pipelines are planned to flow, a state senator has proposed a moratorium on carbon capture pipelines to address safety concerns.

McClure said the pipeline issue was first brought to his attention by some of those who live along the path of Heartland Greenway. He said he was concerned about the potential for a pipeline rupture similar to one that happened in Satartia, Mississippi in early 2020, when 45 people were hospitalized and 200 were evacuated. The carbon dioxide sucked the air out of the surrounding area and caused gas-using vehicles to fail, according to reports.

“When you have a pipeline that’s that big [and] that will stretch across so much rural area, how on earth would emergency folks be able to get to a rupture in time to help people?,” McClure said.

We have to stop throwing our future into the great green maw.

Elizabeth Nickson is a Senior Fellow at the Frontier Centre for Public Policy. Follow her on Substack here.

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