#Bill19: COVID-19 Related Measures Act in BC

#Bill19: #COVID19RelatedMeasuresAct

What is it? 

Attorney General David Eby, of the BCNDP government, introduced this bill on June 22^nd, 2020 for 1^st reading in the B.C. Legislature. 

See below for 'Key Sections of Bill 19' for details, or read the whole bill at the link below.

Link: https://www.leg.bc.ca/Pages/BCLASS-Legacy.aspx#%2Fcontent%2Fdata%2520-%2520ldp%2Fpages%2F41st5th%2F1st_read%2Fgov19-1.htm

Introduced for 1st Reading in the B.C. Legislature: https://www.leg.bc.ca/documents-data/debate-transcripts/41st-parliament/5th-session/20200622pm-House-Blues#328B:1340

The BC Government Media Release about Bill 19:

New act will help formalize, unwind emergency orders

Link: https://news.gov.bc.ca/releases/2020AG0043-001126

The Purpose: 

·       For the current BC (BCNDP) government to seize complete, unrestrained legislative control and dominance of BC for the foreseeable future under the guise of COVID-19. 

·       To give the BC government and the Lieutenant Governor in Council sweeping, unrestrained and covert, secretive powers to make/enact any regulations it wishes, under the guise of "COVID-19 measures," without first bringing these proposed regulations, or other changes, to the Legislature for debate, questions, or amendments from duly elected Members of the Legislative Assembly (MLA's). 

·       To compromise, threaten and destroy democracy in a system of parliamentary democracy which is based on the people electing MLA's whose role is to hold the government accountable and responsible for governance and leadership of the province. 

·       To continue to enact and utilize state-sponsored 'Statement of Emergency' powers under the Emergency Program Act at will, with no debate, questions, or challenge to do so when the the BC government has never established any reason to enact this in first place, and continues to use these measures with no reasonable, or evidence-based justification. 

·       To limit civil liability, direct and vicarious liability for the actions the BCNDP government took to “manage” COVID-19, an individual and public health issue. 

·       To stop the B.C. government, and its representatives and designates, from being held accountable and responsible for the destruction of BC’s economy and communities, which have all been impacted by the decisions and measures taken by the BC government under the cover of COVID-19.

·       To ensure the BC government and PHO are not held responsible for the bankruptcies of the thousands of businesses they shut down and forced into bankruptcy in B.C. 

·       To limit direct and vicarious liability for the thousands of lives of those who died from COVID-19-related illnesses, and those who have, or will die from cancelled surgeries, diagnostic and screening procedures, and other health care that the BC government and PHO stopped, disrupted and interfered with to the detriment of many. 

Why is Bill 19 Dangerous to Democracy & Why Must It Be Stopped?

Governments that seek to limit and create barriers to democratic processes, such as legislative debates, discussions, challenges, questions, and amendments are not democratic. 

Fascism: An authoritarian form of government characterized by state-sponsored dictatorial power, forcible suppression of opposition and strong regimentation of society and of the economy (Encyclopedia Britannica; Wikipedia). 

Bill 19, and the actions of the BCNDP government bringing this proposed Act in, shows contempt for electoral democracy.

Their actions also show contempt toward the people of BC and their civil and democractic rights. In a democracy, it is the right of the people, through their elected MLA's, to question, clarify, challenge, seek amendments or changes to any real, or proposed actions, laws, or regulations presented by the majority government in their administration and governance of their province. Bill 19 eliminates all of this. 

The BCNDP government are signalling that they are mobilizing and consolidating dictatorial and authoritarian power, constraining and supressing comment, debate, dissent, questions, and setting in place an untouchable political elite that will not be responsible to citizens, the Legislature, or 

Bill 19 will transform BC from a democracy into a fascist, totalitarian one-party state where the BC government, currently the BCNDP, and its authoritarian rulers and appointees' decisions and actions cannot be questioned, including by MLA's who were elected to represent citizens and voters in the province. 

Bill 19 gives the BC government sweeping, unchallenged powers to enact other potentially authoritarian and fascist state actions, including: 

• Ongoing, uncontested, and unending 'State of Emergency' enactments that have no reason to have been enacted in the first place, or to continue. 
• The violation of the Charter of Rights and Freedoms of Candians through the BC government's implementation, and continued use of covert secretive, state-sponsored unlawful forced confinement, detention, and forced isolation of citizens, with no disclosure of how these detention programs operate, the cost to BC taxpayers, what legislation people are detained under, or what actions they can take to challenge their unlawful detentions. 
• The possibility/potential of forced health measures, which could potentially include forced and mass vaccinations; mask use; or other measures that are not supported by evidence-based science, research, or data. 
• The ability to bring in new regulations, or laws, which systematically violate the Charter rights of Canadian citizens in BC at will.
  
• Transforming and restructuring BC's socio-economic and business structures and systems, including businesses, schools, communities, and anything else they so desire in any manner without comment, challenge, debate, questions, or opposition. 
• Allowing for the ongoing transformation of BC to a "cashless" society by allowing and not preventing, or constraining businesses from refusing cash, which is legal tender in Canada. 
• Increasing state-sponsored powers to implement and systematically use of "surveillance" tools and measures, such as using apps and collected data from a range of sources to investigate, track, monitor, and identify individuals/citizens and their movements in their communities and the province. 

What Can We Do to Stop Bill 19? 

Critical mass, reaching out and informing and the citizens of BC about the dangers and threats that Bill 19 represents is crucial. 

Contact AG, David Eby and Premier John Horgan:

• Tell them you want them to immediately withdraw Bill 19 because it poses a threat to democracy in the province of British Columbia. 
• Advise them that this bill demonstrates that the BCNDP government has no respect for democracy, and the right of citizens and voters to question, debate and be informed about the decisions and actions of the BC government through their elected MLA's. 
• Report that if the BC government passes this bill that you will no longer have confidence or faith in the government to govern B.C. because they will have eliminated accountability, transparency, and debate which are all required elements of a democratic government. 

Copy the Leaders of the Opposition Parties & Your MLA: 

• Andrew Wilkinson, BC Liberals
• Sonia Furstenau, BC Greens 

Contact information:

Attorney General David Eby: AG.Minister@gov.bc.ca; Constituency office: David.eby.MLA@leg.bc.ca
Tel #1-250-387-1866; Constituency office: 604-660-1297

Premier John Horgan: premier@gov.bc.ca; Constituency office: john.horgan.mla@leg.bc.ca

Tel # 1-250-387-1715; Constituency office: 1-250-391-2801

Andrew Wilkinson, Official Opposition Leader for the BC Liberal party

Email: andrew.wilkinson.MLA@leg.bc.ca

Tel # 1-250-356-6171; Constituency office: 604-664-0748

Sonia Furstenau, House Leader of the BC Green Party

Email: sonia.furstenau.MLA@leg.bc.ca
Tel # 1-250-387-8347; Constituency office: 1-250-715-279

Copy and paste all: 

premier@gov.bc.ca; john.horgan.mla@leg.bc.ca; AG.Minister@gov.bc.ca; David.eby.MLA@leg.bc.ca; andrew.wilkinson.MLA@leg.bc.ca;  sonia.furstenau.MLA@leg.bc.ca 

Other Actions You and Your Family and Friends can Take:

• Contact your MLA and tell them you want them to stop Bill 19 from reaching Royal Assent. A Sample Message is below that you can copy and paste to send to your MLA. 
  
• Contact your Member of Parliament (MP) and ask them to advocate with the BC government to  stop Bill 19 from reaching Royal Assent.
  
• Contact your Mayor and Council and tell them your concerns and ask them to advocate with the BC government to  stop Bill 19 from reaching Royal Assent.
  
• Share this blog post and other materials with your friends, family, and community members through social media, and any other ways you can think of. 
  
• Ask your friends, family, and community members to also contact your MLA, MP, and Mayor and Council. 
  

Find Your BC MLA here: https://www.leg.bc.ca/learn-about-us/members

Find Your Member of Parliament Here by Name, or Postal Code: https://www.ourcommons.ca/Members/en 

Find Your Mayor and Council: Search '[Your town name] mayor and city council contact information.' 

Sample Message to Your MLA/MP/Mayor and Council: 

[Today's Date]

Dear [MLA/MP/Mayor and Council], 

I am writing you today as a concerned voter and citizen in British Columbia. I have learned that the BCNDP government introduced Bill 19, the COVID-19 Related Measures Act, on June 22nd, 2020 for 1st reading in the B.C. Legislature. 

Bill 19 is an anti-democratic piece of legislation. Its purpose is to transform B.C. from a parliamentary democracy because it gives the B.C. government sweeping powers to enact, or continue to enact, laws and regulations that cannot be questioned, changed, improved, or amended by MLA's who were democratically elected by voters in their ridings around B.C. 

Bill 19 gives the BC government the ability to covertly and secretly introduce and make changes to regulations and laws through the Lieutenant Governor in Council, without notice, discussion, debate, or questions from democratically elected MLA's, who represent the people, and public interests of the citizens of B.C. 

Bill 19 also protects the B.C. government officials who are responsible for the manner in which COVID-19 has been handled in B.C. from being accountable for their actions by limiting their civil liability for their actions. These actions have included targeting and closing down specific industries, businesses, and forcing thousands of businesses and citizens into bankruptcy after they were no longer solvent due to the actions of BC government officials and representatives. 

I disagree that the B.C. government should be allowed to have the unconstrained, secretive, and unquestioned power that Bill 19 represents. I believe this proposed Act is harmful to democracy. It suppresses debate, questions, and challenges to the actions of the B.C. government. None of those things are consistent with parliamentary democracy. 

I am asking you/your party to use the time you are allotted as a Member of the Legislature (MLA)  to make your disagreement, and the reasons for this, strong and clear, and placed on the public debate record. 

I am asking you to strongly encourage other MLA's to also publicly state disagreement with Bill 19, the reasons for this, and to vote against it, as well as rally MLA's across political party lines to protect and preserve democracy in B.C. 

I am asking you to protect and preserve democracy and civil rights in B.C. by voting against Bill 19, in its entirety. 

I am asking you to prevent the BCNDP from gaining uncontested, unquestioned, and unchallenged power to re-shape and transform the democratic principles and institutions of our province. 

As my MLA, how you, and your political party vote on Bill 19 will be noted. This information will be shared with other voters in our riding at the next election. You will personally be held responsible and accountable for any harmful consequences, or outcomes, that occur should Bill 19 pass into law, if you did nothing with the power and authority voters gave you to stop this. 

You were elected to serve the interests of citizens in your riding in a fair and democratic process. Part of your obligations and responsibilies in office include protecting and preserving democracy, and holding the current government accountable and responsible to the public interest. I, and other voters and citizens in your riding, expect you to follow through on your promise to uphold democracy and accountability in B.C. 

Sincerely, 

[Name] 
[Riding] 
[Contact information and address]

Key Sections of Bill 19:

Definitions
1 In this Act:

"COVID-19 pandemic" means the pandemic that was the subject of the declaration of a state of emergency made under the Emergency Program Act on March 18, 2020;

"COVID-19 provision" means a provision enacted by section 3 (1); "declaration of a state of emergency" has the same meaning as in the Emergency Program Act;

"EPA instrument" means an order or regulation, listed in Schedule 1 or 2, that was made under section 10 or 10.1 of the Emergency Program Act.

Conflict

2  If there is a conflict between

(a) this Act, including a COVID-19 provision, or a regulation under this Act, and

(b) any other Act or regulation, the enactment referred to in paragraph (a) prevails.

Re-enactment and continuation of EPA instruments

(8) The Lieutenant Governor in Council may, by regulation,

(a) repeal a COVID-19 provision or a portion of a COVID-19 provision, and

(b) add to Schedule 1 or 2 an order made under section 10 of the Emergency Program Act or a regulation made under section 10.1 of that Act respecting the COVID-19 pandemic.

(10) A regulation under subsection (8) may be made retroactive to a specified date and, if made retroactive, is deemed to have come into force on the specified date.

(11) This section is retroactive to the extent necessary to give full force and effect to its provisions and must not be construed as lacking retroactive effect in relation to any matter because it makes no specific reference to that matter.

No actions or proceedings

4  (1) Subject to subsection (2) and the regulations, no legal proceeding for prescribed damages related to the COVID-19 pandemic lies or may be commenced or maintained against a prescribed person or a person in a prescribed class of persons because of

(a) any prescribed act or omission of the person, or

(b) any act or omission of the person in a prescribed class of acts or omissions.

(2) Subsection (1) does not apply in relation to damages caused by gross negligence

(3) The Lieutenant Governor in Council may make regulations for the purposes of this section, including, without limitation, regulations restricting the protection provided under subsection (1) or imposing conditions on the protection.

(4) A regulation under subsection (3) may be made retroactive to a specified date and, if made retroactive, is deemed to have come into force on the specified date.

Protection continues

5  For certainty, despite the repeal of section 4, the repeal does not affect any protection acquired under that section.

Repeal

6  Sections 1 to 4 of this Act are repealed on the date that is one year after the date this Act comes into force.

7 Section 10 of the Emergency Program Act, R.S.B.C. 1996, c. 111, is amended by adding ", without limitation," after "an emergency or a disaster, including".

Powers of Lieutenant Governor in Council in declared state of emergency

10.1  (1) After a declaration of a state of emergency is made under section 9 (1), and for the duration of the state of emergency, the Lieutenant Governor in Council may, subject to this section, make regulations as follows to prevent, respond to or alleviate the effects of an emergency or a disaster:

(a) making an exception to an enactment;

(b) establishing limits on the application of an enactment;

(c) establishing powers, duties, functions or obligations that apply in place of or in addition to an enactment;

(d) establishing conditions in relation to anything done or established under paragraphs (a) to (c).

(2) Without limiting subsection (1) and subject to this section, the Lieutenant Governor in Council may make regulations as follows to prevent, respond to or alleviate the effects of an emergency or a disaster:

(a) suspending the application of a provision that establishes a limitation period or a period of time within which a proceeding or process must be commenced or a step must be taken in a proceeding or process;

(b) setting out a replacement limitation period or period of time for one suspended under paragraph (a) of this subsection;

(c) authorizing an issuer of a permit, licence or other authorization to modify the conditions of a permit, licence or other authorization or to add or remove conditions of a permit, licence or other authorization;

(d) authorizing a person, tribunal or other body that has a statutory power of decision to waive, suspend or extend a mandatory time period relating to the exercise of that power.

#BCSeniors: Advocating for Elders' Rights to Visits with Loved Ones in BC's Care Homes, Hospitals and Group Care Settings

Many BC seniors who reside in care homes and other types of group settings have had their contact, communications, and connections with family members, friends, and loved ones cut off through the COVID-19 situation. 

If you would like to advocate for restrictions on visits to be removed, and visits to start again, you, or your loved ones can contact the government officials below by email, or phone.  

Sample message below you can copy and paste for ease.

Find your MLA's contact information here: https://www.leg.bc.ca/learn-about-us/members

Adrian Dix, Minister of Health - HLTH.Minister@gov.bc.ca
Tel #

Dr. Bonnie Henry - Bonnie.Henry@gov.bc.ca 
Tel #1-250-952-1330

Premier Horgan - Premier@gov.bc.ca; Constituency: john.horgan.mla@leg.bc.ca
Tel # 1-250-387-1715; Constituency #1-250-391-2801

Ronna-Rae Leonard - Parliamentary Secretary for Seniors 
ronna-rae.leonard.MLA@leg.bc.ca
Tel# 1-250-387-3655; Constituency # 1-250-703-2410

BC Seniors Advocate - info@seniorsadvocatebc.ca
Toll-free at 1-877-952-3181; In Victoria: 250-952-3181

******************************************************************
Sample message to send to your MLA

[Date] 

Honourable [MLA], Premier Horgan, Minister Dix, Dr. Bonnie Henry, Parliamentary Secretary Leonard, and Ms. Isobel McKenzie, BC Senior's Advocate, 

I am writing you today as the loved one/spouse/family caregiver/friend of a senior who lives in a care home, group care setting, and/or hospital who has had their visits with family members/loved ones and close connections stopped as part of the plan to manage COVID-19 in B.C. 

I am deeply concerned about the impacts this has had on my loved one. Many seniors have been reporting how the ongoing isolation they have been forced to endure during these months has been impacting their mental and physical health and well-being. 

Many elders report that they feel depressed, lonely, and hopeless and miss being able to see, connect, and spend time with their closest contacts. I miss my loved one terribly, and have worried very much about their health and well-being during this time. 

Many seniors have also felt like their rights to autonomy, self-determination and making decisions has been taken away arbitrarily. They feel that this has impacted their dignity and quality of life. They don't feel that is fair, or just, and I don't either. None of us understand how seniors can be treated like this by their own government. 

As a loved one/family member, I have felt left out of  decision-making. I have felt silenced, and ignored by the Health Authorities, care home, hospital and facility administrations who have made these heavy-handed decisions. That too has been unfair and unjust. Family caregivers and loved ones deserve to have voice, be part of consultations, and have our needs and concerns for our loved ones listened to, considered and acted upon. 

At this time, the B.C. government has reported that COVID-19 is under control. As of June 22nd, 2020, the B.C. Centre for Disease Control reports, "COVID-19 risk in BC is very low." (BCCDC). 

The B.C. government has also reported that care home and group care setting outbreaks are being well managed, and that as of June 22nd, there have been no new outbreaks in long-term care, assisted-living, or other group care home settings. (BC Government Update, June 22, 2020).

I am writing today to ask you to ask the BC government to do the following: 

1. Issue an immediate directive that notifies all Health Authorities, administrators of private and public care homes, assisted-living, and other group care home settings that seniors who are residents in these settings are legally allowed, entitled, and have the autonomy and self-determination rights to decide if they want to leave the facility for visits with loved ones/other connections. The Adult Guardianship Act (AGA) in B.C. does not permit anyone to strip seniors of their right to autonomy, self-determination and the right to make decisions about their health, safety and well-being. 

2. Issue a Public Health Order to the Health Authorities, administrators of private and public care homes, assisted-living, and other group care home settings, and hospitals to immediately implement health and safety and screening measures and to begin to allow visits between seniors and loved ones in their care homes. 

3.Issue a Public Health Order to the Health Authorities, administrators of private and public care homes, assisted-living, and other group care home settings and hospitals to immediately set up a visiting area, room, or patio area so that if residents are not mobile, or able to ambulate well, or have other reasons preventing them from visiting at bedside. 

4. Other than general visiting times, the province will direct and specify that administrators/Health Authorities cannot dictate how long visits go for, and must not limit, or shorten the time for visits unreasonably. Seniors and their families must be able to have autonomy and determine their own needs for length of visits the way they did before COVID-19. 

Thank you for your time. I will appreciate a timely response to my correspondence with you. 

[Optional: B.C. is going to have a provincial election in May 2021. Voters in BC, like me and my family, will remember how seniors were treated in 2020, and before that. We will be voting for candidates that stood up and cared about the health, safety and well-being of seniors, who are also voters, and those who listened and cared what family caregivers and loved ones have to say]. 

Sincerely, 

[Your name]

Email 

Telephone #

Address 

*****************************

Here is another post I did for advocating for the care needs of seniors and people with disabilities in hospitals and facilities in BC.

Advocacy for Care of Seniors and People with Disabilities in BC Hospitals and Facilities

Link: https://advocacybc.blogspot.com/2020/05/

Freedom of Speech and Expression in Canada: Civil Rights under the Charter of Rights and Freedoms

Canada is a democratic nation in which Canadian citizens have inherent civil and human rights under the Canadian Charter of Rights and Freedoms. 

In Canada, no level of government, individual, corporation, or any other entity has a right to diminish, take away, or violate our inalienable civil and human rights. 

Definitions

Civil society: Non-governmental organizations and groups, communities, networks, and ties that stand between the individual and the economic, government, and social institutions of the modern state (Encyclopedia Britannica). 

Examples include: community, non-profit, and advocacy groups and societies; faith and religious groups; trade unions and labour organizations; and research and"think tank" organizations. 

World Health Organization (WHO) definition: "The space for collective action around shared interests, purposes and values, generally distinct from government and commercial for-profit actors. 

Civil society includes charities, development NGOs, community groups, women's organizations, faith-based organizations, professional associations, trade unions, social movements, coalitions and advocacy groups."

The role of civil society: 

1. Empowering communities and giving voice to individuals and communities on issues that impact them. 
   
2. Advocating for the "public good," good governance, public policy and program development, implementation and service to the public. 
3. Holding governments and societal institutions accountable to citizens, and the people they serve. (Mission Box, 2020). 

Democracy: “The belief in freedom and equality between people, or a system of government  based on this belief, in which power is either held by elected representatives or directly by the people themselves." (Cambridge Dictionary). 

Free speech: The legal right to express one's opinions publicly without government restraints; speech protected from governmental restraint by legal means; the right to state one's opinions and ideas without being stopped or punished." (The Free Dictionary; Meriam-Webster; Wikipedia).

Public Interest:  A common concern among citizens in the management and affairs of local (city), province/state, and national government. 

• Welfare of the general public in which the whole of society has a stake, and which warrants recognition, promotion, and protection by the government and its agencies. 
• Regulatory and quality assurance frameworks, policies and processes are often developed to monitor, have oversight, audit, investigate and review whether government programs and services are operating in the public interest. 
• This can include the public’s right to know important information and facts about things that impact their health, safety, lives, and communities. 
• For example, 5G technology, a relatively new technology, is being installed in many communities. Local, provincial, and federal governments may not have studied the short and long-term impacts to the health and safety of human beings prior to installation of 5G technology. It is in the public interest for evidence-based research to be used in making decisions about allowing this new technology to be installed to protect and avoid any potential harms associated with increasing rates of radiation. (Business Dictionary; Legal Dictionary). 

Freedom of Expression: Free Speech in Canada

Fundamental Freedoms are outlined in Section 2 of the Charter of Rights and Freedoms: 

2. Everyone has the following fundamental freedoms:
     a. freedom of conscience and religion;
     b. freedom of thought, belief, opinion and expression, including freedom of the press and    other media of communication;
     c. freedom of peaceful assembly; and
     d. freedom of association.

Sec. 2 (b) is the section in the Charter that outlines Canadian's rights to "free speech", or "freedom of expression:"

(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication.

• “Expression" has both a content and a form. 
• Content is the meaning that is being portrayed by any expressive activity. 
• Expressive activities can come in many forms. 
• Expression isn’t just limited to the things we say; it can come in many forms, from the written word, to music, or physical gestures. 
• As long as an activity is performed to convey meaning, it can be considered expression under the Charter. 

Charter protections:

• Freedom of expression is protected in Canada's Constitution to ensure that everyone can share their thoughts, opinions, and beliefs. 
• In a free and democratic society both individuals and communities benefit from access to a diversity of ideas and opinions. 

Values and Principles Underlying Freedom of Expression:

1. Individual self-fulfillment;
2. Finding the truth through the open exchange of ideas (sometimes called the “marketplace of ideas”);
3. Enabling political discourse fundamental to democracy (allowing for conversations and communication about laws and government so that we can live in a democratic country in which everyone gets to participate, share information and their opinions about what the government is doing, and make choices about government and law).
   

Examples of Freedom of expression include: 

Freedom of the media, journalists, bloggers, and others to write about and express ideas, present information, and produce content, including written reports about anything, including opinions and perspectives people may disagree with, do not like, or do not believe in.

Reference: Freedom of Expression 101 from the Canadian Civil Liberties Association (CCLA).
Link: https://ccla.org/cclanewsite/wp-content/uploads/2018/06/Freedom-of-Expression-101-FINAL.pdf.

Limits of Freedom of Expression in Canada

Limits and prohibitions to free speech and expression exist in Canada. These include:

• Hate speech:  Speech that incites hatred for specific groups, including people from various ethno-cultural backgrounds is prohibited.
• Inciting threats of harm or violence toward others, ethno-cultural and racialized groups and communities.
• Violent forms of expression: words or images that depict violence toward others, or groups of individuals. 

Attacks on Freedom of Expression/Free Speech in Canada 

Multi-directional attacks are taking place on citizens' and journalists' rights to the exercise of our Charter rights to freedom of expression in Canada. Governments at all levels, including municipal, provincial, and federal governments, and other actors, attempt to censor and silence free speech of individuals and groups by taking these strategic actions: 

Censorship: Governments may censor and remove comments, and limit the free speech of citizens who engage in communications on social media. The B.C. government has repeatedly and directly engaged in censorship and removed comments posted by citizens to their social media feeds, including links and reports of the BC government's own statistical data.

Silencing scientists, experts, and other civil society participants who challenge government actions, decisions, and provide evidence-based science, research, and perspectives that may challenge, or not align with preferred government narratives and perspectives. This can be in the form of "gag orders" that prevent government employees, scientists, and representatives from speaking to the media, or other audiences.

Issuing civil injunctions that interfere with the rights of citizens to protest government actions and decisions they perceive to be harmful to the public interest.

Strategic Lawsuits Against Public Participation (SLAPP): Legal actions and civil law suits filed against individuals as a means of silencing, intimidating, threatening citizens who engage in free speech that is often critical of governments, elected officials. This can include accusations of "slander" and defamation of public/government officials. The goal of SLAPP legal action appears to be to inhibit and interfere with free speech and opposition. 

Police and law enforcement authorities have used the threat of criminal libel in a punitive manner against those who disagree with, and challenge, their use of their powers and authority as agents of the state.

Online and social media attacks, harassment and intimidation: Creating hostile, contemptuous and unsafe online social environments that intimidate, harass and silence people is bad for democracy, and is not in the public interest for Canadians. 

• This kind of behaviour limits citizens from hearing and considering perspectives, opinions, and viewpoints from a wide range of people. 
  
• It also stifles healthy debate and questioning of government actions and the consequences of government policies, decisions, and actions that impact citizens. The impacts of these things are experienced in different ways, by different individuals, groups, and communities. 

Foreign actors: In Canada, foreign actors have been working to diminish and limit free speech and free expression in various ways. These are individuals who are acting on behalf of foreign governments, such as China and Russia, who want to influence public narratives, and elections in sovereign nations, such as Canada by controlling and manipulating what information is available for the public to see.

These include:

Using fake accounts on social media: Facebook and Twitter are increasingly being used to attack, silence, and invoke fear in those who express opinions, perspectives, and views that oppose government narratives, edicts, and violations of civil liberties.

Accounts on social media being taken over by malevolent actors to influence the narratives and information can access online.

Disinformation and misinformation bots and campaigns are used to confuse, confound, invoke fear, anxiety to control citizens so they will be more compliant and follow directions of government authorities.

Academic institutions are increasingly having agents and operatives attempting to limit the exercise of free speech and expression at Canadian universities. These appear to be foreign state-driven actions designed to attack, harass, intimidate, silence and threaten those who exercise free speech in Canada.

Report an incident of Censorship in Canada: http://www.censorshiptracker.ca/

Canadian Laws that Protect Free Speech and Expression

Canadian Charter of Rights and Freedoms:

Sec. 2 (b) is the section in the Charter that outlines Canadian's rights to "free speech", or "freedom of expression:"

(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication.

Journalistic Sources Protection Act (2017): “allows journalists to not disclose information or a document that identifies or is likely to identify a journalistic source unless the information or document cannot be obtained by any other reasonable means and the public interest in the administration of justice outweighs the public interest in preserving the confidentiality of the journalistic source.” 

References and Resources

Amnesty International Canada. Retrieved from: https://www.amnesty.ca/

BC Civil Liberties Association (BCCLA). Retrieved from: https://bccla.org/

Canadian Coalition on Human Rights in China and Amnesty International Canada.  Harassment and Intimidation of Individuals in Canada Working on China-related Human Rights Concerns. Retrieved from: https://amnesty.ca/sites/default/files/Canadian%20Coalition%20on%20Human%20Rights%20in%20China%20-%20Harassment%20Report%20Update%20-%20Final%20Version.pdf.

Canadian Civil Liberties Association (CCLA).Retrieved from: https://ccla.org/.

Cooper, J. (July 4, 2019). In Canada and elsewhere, freedom of speech is on the endangered list. LawNow. Retrieved from: https://www.lawnow.org/in-canada-and-elsewhere-freedom-of-speech-is-on-the-endangered-list/.

Canadian Journalists for Free Expression (CJFE). Retrieved from: https://www.cjfe.org/

CJFE’s Censorship Tracker. Retrieved from: http://www.censorshiptracker.ca/

Canadian Press. (May 12, 2020). Coalition decries Canada's 'piecemeal' response to Beijing-sponsored intimidation. Retrieved from: https://ca.news.yahoo.com/coalition-decries-canadas-piecemeal-response-173149352.html.

Government of Canada. Guide to the Canadian Charter of Rights and Freedoms. Retrieved from: https://www.canada.ca/en/canadian-heritage/services/how-rights-protected/guide-canadian-charter-rights-freedoms.html.

Justice Centre for Constitutional Freedoms. Retrieved from: https://www.jccf.ca/.

Kay, B. (November 13, 2019).  Free speech in Canada: It was bad five years ago. Do you think it's gotten better since? National Post. Retrieved from: https://nationalpost.com/opinion/free-speech-in-canada-it-was-bad-five-years-ago-do-you-think-its-gotten-better-since.

Mathias, J. (November 13, 2019). Beyond Jordan Peterson: A National Post investigation into the state of free speech on campuses. National Post. Retrieved from:  https://nationalpost.com/opinion/beyond-jordan-peterson-free-speech-on-campus?.

Murpy, R. (April 17, 2020). Rex Murphy on COVID-19: The power to censor speech and other great ideas from our Liberal overlords. National Post. Retrieved from: https://nationalpost.com/opinion/rex-murphy-on-covid-19-the-power-to-censor-speech-and-other-great-ideas-from-our-liberal-overlords?video_autoplay=true.

National Post: Free Speech series. Retrieved from: https://nationalpost.com/tag/free-speech. 

Reporters Without Borders. World PressFreedom Index. Retrieved from: https://rsf.org/.

Canada's FPI Ranking: https://rsf.org/en/canada