Dear Ontario: Stop #Bill66

The #Bill66 Comment deadline is today!

I’ve just posted my comment. If you live in Ontario you should too.  There’s more information after the comment.

I am writing to tell you to withdraw “Bill 66, Restoring Ontario’s Competitiveness Act, 2018”

I grew up Woolwich Township, and went to high school in Elmira, and I moved back to the area to raise my child. As a child I spent time visiting family from the Walkerton area. Both these towns have a lot going for them, but the terrible water issues they’ve suffered have left deep scars.

Human beings will not be able to drink the water in our town in my lifetime, and likely not even in my grandchildren’s lifetime. The laws protecting the health of our people and out environment are better than they were, but I expect they could be improved. Going the other way is simply not an option. I invite anyone who thinks otherwise to drop by my town and drink the water under our feet rather than the tap water we pipe in from Waterloo.

I agree with our town councillor who expressed anger at the provincial government’s implication that Woolwich Township isn’t “open for business.” And another who said we don’t need or want businesses that can’t operate within existing laws that protect our water, natural heritage, farmland and human health and well-being.

Urban sprawl is expensive, and I’m lucky to live in a place that has worked hard to responsibly manage growth through regional and municipal planning based on evidence and citizen consultation.

Parcels of land, factories, farms, cities, towns and hamlets aren’t islands; they share the environment that supports us all. Our current regional planning procedures ensure that the use we make of our lands don’t harm our neighbours. We all need a healthy environment.

Kitchener-Conestoga is a predominantly rural riding. Pesticides are killing off our bee population: we need stronger environmental law. The farms that surround the settlement areas and knit Waterloo Region together are important if we want to eat.

But the safety of our water and our land is only part of the problem with Bill 66. Omnibus Bills are never a good thing. Democracy doesn’t serve the public if laws are rushed through willy nilly without making use of the democratic procedures that subject them to scrutiny, so they are properly formed.

I have not had the time to read through the 22 other laws Bill 66 will change, but it is inconceivable that your government would strip away what feeble protections we have in the Wireless Services Agreements Act 2013. If there are any good parts in Bill 66, they can be pulled out and introduced as standalone laws.

As bad as everything I do know about Bill 66 is, the worst to me is your government’s attempt to strip public consultation out of the process. That was one of the things your predecessors got very wrong. My friend has been trying to set up an appointment with our MPP without success. This is still a democracy, isn’t it?

In case there is any doubt, I am writing this to tell you to withdraw Bill 66.


[The following is reprinted from the KitCon Blog]

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During the election, Mr Ford categorically promised not to touch the Greenbelt.

Not only is the Greenbelt home to 5,500 farms, 78 species at risk and 102 million tonnes of carbon storage, the reason it was protected in the first place was to protect a great deal of Ontario’s water.

But now Mr Ford’s majority government has introduced Bill 66, The Restoring Ontario’s Competitiveness Act, 2018, legislation. This will indeed open Ontario’s Greenbelt up to development.

Because it was introduced quietly going into Christmas, and the Ford Government has made no secret of its intention to push Bill 66 through quickly, I don’t know if anyone has yet managed a thorough examination of all the ramifications of Bill 66.

It may only be 35 pages long, but it’s an omnibus bill, which means everything you need to know isn’t contained in this draft legislation.  You’d have to read through every one of the 22 laws it will change:

Some of the changes it makes may be good things, but the bad things thoroughly outweigh any good that may be there.  That’s the thing about Omnibus Bills: many different things are bundled together in a package too big to be adequately considered in a democracy.

There is no reason Bill 66 couldn’t be stopped, and the good parts could be reintroduced as ordinary laws that can be properly understood and debated in the Legislature. 

Our unrepresentative voting system has gifted Mr Ford’s government with 100% power to pass any law it wants, even though it was elected by only 40% of the votes cast.  (A mere twentysomething percent of eligible votes).

So what’s the rush?

There is nothing stopping them from allowing citizens and the MPPs in the legislature to know what it is they are passing, and allow adequate parliamentary debate of all aspects.  That’s how our system is supposed to work.  In a majority government, even though the party with all the power can pass any law it wants, the reason we have an opposition parties is to ensure that our legislators make sure the laws they pass stand up to scrutiny.  If there are bad unintended consequences, or even if the legislation is too broad or unclear, these things can be dealt with before they become law.

The only reason for pushing something like this through fast is to keep us from knowing what they’re doing until it’s too late.  Keeping the people in the dark is not how a Government for the people would operate.

In the Region of Waterloo discussion of Bill 66, Waterloo Mayor Jaworsky said, “No one asked for this.”

Mr Ford keeps saying he needs to do this to show Ontario is “Open For Business.”  But what does that mean?  This law is supposed to “cut red tape” that prevents development.

But the fact is that development isn’t being prevented.  There is plenty of room in Ontario, plenty of land available and open for development without going anywhere near the protected lands of the Green Belt.  There is no need to endanger our water or anything else.  That’s why municipalities across Ontario are passing resolutions saying they don’t want or need this.

Why is this happening?

Because when the laws protecting Ontario’s water and the Greenbelt were put in place, land prices in the Greenbelt stayed low.  When a farmland can’t be turned into a factory or subdivision, it stays viable as farmland.  But because of the low prices, some developers bought land in the Greenbelt, speculating that in time they would elect a government willing to undo Greenbelt protections.

Although all-party approved changes to Ontario’s election financing law prevented political parties from accepting corporate donations directly, the changes didn’t go far enough, because developers like Mattamy Homes were allowed to contribute ridiculous sums of money to Partisan third party advertiser Ontario Proud which specialized in attack ads against Mr Ford’s opponents.  (And Mr Ford is undoing that election financing law because the people he is for have lots of money to spend to ensure the governments they want get elected.   But that’s another story.)

The only reason the Ford Government is trying so hard to carve up the green spaces of our province with factories and subdivisions is because their rich supporters want to make a profit.

Ontario has been doing a pretty good job of long term planning, protecting sensitive environments, our water and our food supplies. Once farmland is paved, its gone.

Once farmland is developed, it’s not farm land anymore.

The best we can hope for from Bill 66 is that decades of careful land management will be messed up.  The worst is another Walkerton.  Or another Elmira.

And if that’s not bad enough, Bill 66 does away with any requirement for public notice or consultation or meetings, and no matter what problems are caused, we won’t even be able to appeal to the Local Planning Appeal Tribunal.  So called “Open For Business” by-laws passed behind closed doors will trump laws, policies and municipal official plans developed through extensive and open public consultation.  Communities would have no recourse to influence or challenge them.

And even if your Council doesn’t do any of these things, the Council next door might, and endanger the environment we all share.

What Can We Do?

We have until January 20 to formally tell the Ford Government consultation what we think about Bill 66, Restoring Ontario’s Competitiveness Act, 2018 on the province’s website.

January 20th is the deadline for comments to Bill 66 on the Environmental Registry of Ontario (EBR).
Be sure that you and others that you know speak up and let your concerns be known.  It would be fantastic if your group or organization can make an official response or submission.  There is plenty of information in the Bill 66 Recent Articles
linked below.  There are a myriad of issues and concerns, but you can say as little or as much as you like in your comment.   Don’t be shy about making comments personally – even if it is just a short sentence or two.  I would suggest making it clear right at the top that you don’t want Bill 66.  I am afraid to say that at this point they are not likely to listen to what we say, but they will certainly tally up how many comments support or oppose the bill.

Please take two minutes to send a message to the Ontario Government to stop Bill 66:

COMMENT ON Omnibus Bill 66 HERE

DEADLINE SUNDAY: January 20th, 2019

You can also visit the Green Party of Ontario’s Defend The Greenbelt website.  If you feel you need assistance in using the comment process, the GPO advises you to Click here for step-by-step instructions to participate in the government consultation.

You can still use Hold The Line tool to send email to local politicians.


And of course we can always contact our Member of Provincial Parliament:
Michael Harris Jr, Kitchener-Conestoga, Progressive Conservative Party

Toronto:  tel 416 326-6945, fax 416 326-6942

Rm 434, Main Legislative Bldg, Queen’s Park M7A 1A8

Constituency office:  Unit 3 and 4, 63 Arthur St. S., Elmira, N3B 2M6

Mike.harrisco@pc.ola.org

Tel 519 669-2090, fax 519 669-0476

And you can also call the Premier’s Office directly!
Call 416 325-1941 and leave a short message re your concerns about Bill 66


Bill 66 Recent Articles and Background:

Pat Merlihan, Woolwich Township: Dear Mike Harris, MPP

Woolwich Observer: Groups call on townships to oppose province’s Bill 66

Elmira Advocate: ENVIRONMENT UNDER THREAT FROM BILL 66

Global: Walkerton residents worry about Ford government’s Bill 66

CTV: Local councils urge Ford government to protect farmland

CBC: Region of Waterloo won’t support Bill 66, votes to send message to province

theRecord: Region of Waterloo says no to Bill 66 — Jan. 9

Jenn Pfenning, Wilmot Council: Bill 66

theRecord: Proposed bill could lead to policy patchwork in Ontario endangering environmental protections and public health

theRecord: Local groups asking municipalities to reject Bill 66

theRecord: Waterloo Region politicians need to say no to Bill 66

Today’s Farmer: Waterloo Federation opposes Bill 66

Ontario Nature: Bill 66: What you need to know

New Hamburg Independent: Local groups asking municipalities to reject Bill 66

theRecord: Increasing the risk of another Walkerton

Toronto Star: That ‘red tape’ Ford is cutting? It was meant to protect the environment, workers, lives

Toronto Star: Developing the Greenbelt is a disaster on multiple levels

Canadian Environmental Law Association : Deregulation Redux: Ontario’s Environmental Laws under Attack (Again)

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Security Certificates vs Human Rights

The first time I heard about Security Certificates was when a young woman stood up at the anti Bill C-51 Rally at Kitchener City Hall to talk about The Secret Trial Five documentary.

I didn’t really understand what the young woman who spoke was talking about, so I went to see the documentary.  And I was aghast.  Still am, in fact.

Adil Charkaoui and Hassan Almrei are the two Secret Trial 5 victims who have finally been released from this ordeal.

Canada’s pre-9/11 Security Certificate system was designed to give authorities the ability to quickly deport suspected terrorists.  The problem is that it does this without anything resembling legal process.   And at the end of the day, Canada can’t deport anyone to torture without breaking International Law or violating the Canadian Charter of Rights and Freedoms.

Canada prides itself on being a “rule of law” country.

The Rule of Law: Common Definitions
1. a government bound by and ruled by law;
2. equality before the law;
3. the establishment of law and order;
4. the efficient and predictable application of justice; and
5. the protection of human rights.

Rachel Kleinfeld Belton

How can secret trials even happen under a rule of law?

One of the legal protections Canadians hold dear is the presumption of innocence.  It doesn’t matter if they charge us with a crime: in the eyes of the law, we are innocent until proven guilty.  But here, the accused must prove themselves innocent without even knowing what they’re accused of.

If someone accuses we want to face our accusers.  Don’t we have that right?

Even more important, we need to know what we are accused of… without knowing that, how can anyone defend themselves?

Three of the Secret Trial 5 continue to live in this legal hell which ought not be possible in any country claiming to operate under the rule of law.

Mahmoud Jaballah

Mohammad Zeki Mahjoub

Mohamed Harkat

Lillian Boctor‘s earlier documentary, “Secret Canada” dates back to 2012.  Watch the whole video here:

After nearly two decades of Canadian Government persecution, Sophie LaMarch Harkat wants the Security Certificate that could deport her husband to torture removed.

Please Sign Petition to Stop
My Husband’s Deportation to Torture

If you agree this should not be happening in Canada, please sign Sophie Harkat’s petition (above) and call or write to the government officials who have the power to change this.

You can use this handy form to send a letter to Prime Minister Trudeau and Minister Goodale, with copies going to your MP, The  Minister of Immigration, Refugees and Citizenship, Ahmed Hussen and the Minister of Justice and Attorney General of Canada, Jody Wilson-Raybould.

Prime Minister Justin Trudeau
Phone: 613-992-4211
Fax: 613-941-6099
email: justin.trudeau@parl.gc.ca
mailing address:
Office of the Prime Minister
80 Wellington Street
Ottawa, ON
K1A 0A2

Ralph Goodale
Phone: 613-947-1153
email: ralph.goodale@parl.gc.ca
mailing address:
House of Commons
Ottawa. ON K1A 0A6

Ahmed Hussen MP, Minister of Immigration, Refugees and Citizenship
email:  ahmed.hussen@parl.gc.ca
mailing address:
House of Commons
Ottawa. ON K1A 0A6

Jody Wilson-Raybould, Minister of Justice, Attorney General of Canada
email:  jody.wilson-raybould@parl.gc.ca
mailing address:
House of Commons
Ottawa. ON K1A 0A6

Global Migration Film Festival

Many Canadians never think about how and why our ancestors came here.

My father’s ancestors emigrated to North America from Alsace in the early 1800s.  Although no one knows why they came, it may have been that they were German at a time Alsace was in French hands, but it was probably economic.  They entered the US at Batavia New York and wandered around a lot before setting roots in the vicinity of Walkerton, ON.

In the early 20th Century—as a very young woman—my paternal grandmother emigrated to Canada all on her own.  She left Germany at the height of the post WWI runaway inflation, so economic chaos may have been part of the reason she came, there’s also a story about an unsuitable romance her family wanted to break up.

And my mother and her brother were the only children in her family to be born here after her family fled the Russian Revolution.  So my forbears certainly include refugees.

All three of these stories fuels my interest in history, and stirs my curiosity.  There are many reasons for migration.

I just discovered the Waterloo Region Immigration Partnership is hosting a Global Migration Film Festival that will run through December.  I’ve already missed a few films I would very much have liked to see, but the remaining lineup of documentary films looks pretty spectacular.

Lately some extremist politicians have made some negative pronouncements on recent global migration.  When we meet people from other cultures, when we see them as the real live living breathing human beings they are, it becomes much more difficult to dehumanize them.   Waterloo Region owes a lot of its success to the fact it has long been a destination for Canadian Immigrants.

Come see the films and listen to the stories.  Get to know something about some of the people who have come—or will come—here.  And bring a friend or several!

Friday, December 7th, 2018

Bushfallers – A Journey of Chasing Dreams
6 p.m.  at the Queen Street Commons Café
43 Queen Street South, Kitchener, ON
MOVIE TRAILER:

Thursday, December 13th, 2018

A Thousand Girls Like Me
7 p.m. at the Cambridge Centre for the Arts
60 Dickson Street, Cambridge,ON
MOVIE TRAILER:

Friday, December 14th, 2018

I Am Rohingya: A Genocide in Four Acts
6 p.m. at the Kitchener-Waterloo Art Gallery
101 Queen St N, Kitchener
MOVIE TRAILER:

Tuesday, December 18th, 2018

Abu Adnan
6 p.m. at the Kitchener City Hall Rotunda
200 King St W, Kitchener, ON
MOVIE TRAILER:

Salaam B’y – A Story of a Muslim Newfoundlander
7 p.m. at the Kitchener City Hall Rotunda
Kitchener City Hall Rotunda
MOVIE TRAILER:

#BCpoli: Real People Choose #ProportionalRepresentation

Film maker Joel Ashton McCarthy has turned his talents toward promoting Proportional Representation in the BC Referendum.

Joel crowd sourced his excellent video, again demonstrating ordinary people think Proportional Representation and democracy are important.

How can they call a system that routinely gives 100% power to candidates & parties who’ve won less than a majority of the votes a democracy?

Instead of providing representation to as many voters as possible, our “First Past the Post” system disfranchises most of us.

The only real majority government (elected with 50+% of the votes) elected in BC was the BC Liberals who were elected on a promise of electoral reform in 2001.  But once they had 100% power in hand, they lost interest in adopting fairer elections. In fact, the idea that Proportional Representation would limit their future power to what they earn in votes lost all its charm.  They designed the 2005 Referendum to fail.

Even with 57.7% of the voters voting to adopt Single Transferable Vote Proportional Representation in the 1st BC Referendum, it failed.   Even so, it was a little too close for comfort, so they worked even harder to keep it from being adopted in the second referendum.  Nothing changed and the BC Liberals enjoyed nearly 2 decades of majority power without ever winning a majority of votes again.

Politicians across Canada and around the world stack the deck against meaningful electoral reform.  In the UK they promised electoral reform but managed to keep a Proportional Representation option off the referendum ballot.   The status quo serves them an unfair advantage they just can’t resist.

Justin Trudeau's Election Promise: "We will make every vote count."In spite of the mind numbing voter apathy that arises from votes that don’t count,  enough ordinary people have begun to understand the issue– and care– that the push for electoral reform has never gone away.  Instead, it is growing stronger every day.

Mr Trudeau’s promise of voting reform resonated so strongly with Canadian voters because we knew our system was not working well.  When Mr Trudeau broke his promise it didn’t kill off the idea of voting reform forever, as he clearly intended.  Instead, the net effect of has been to galvanize Canadians.  The genie is out of the bottle, and is not going back.

PEI picks PR (Brigitte Werner's photo dedicated to the Public Domain with CC0)PEI voters voted to adopt Proportional Representation, but their government refused to go through with it, so they’re going to have a second referendum.   And the ruling party has bent over backward trying to design an iron-clad-can’t-possibly-pass referendum process for the next one.

All the Quebec opposition parties got together and made a pact that whichever formed government would just go ahead and implement Proportional Representation.

And right now BC is having its 3rd Referendum.  Votes must be in by December 7th, 2018.

Looks like we’re at a tipping point, folks.  Something is going to give. And when it does, it will be clear that the fearmongers defending the status quo have been dishonest with Canadians.  Voters will discover what representative democracy is supposed to be like.  And the sky won’t fall.

Once that happens, the dominoes will fall.  Which province will be first?

If you’re in BC, make sure to vote. Maybe your province will lead the way!

The fair vote Canada guy sports a Canadian Flag cape: No More Wasted Votes

And don’t forget to subscribe to the filmmaker on YouTube https://www.youtube.com/watch?v=ujB8KLFtAjA  and on Twitter where @joel_mccarthy will keep you informed on how to get your ballot in if you haven’t mailed it in yet.

 

 

My Submission to the Ontario Consultation: A made-in-Ontario climate change plan

The first thing we need is to keep the independent watchdog agency, the Ontario Environmental Commissioner. Ms Saxe has done a good job, and her 2018 report should be adopted. It is a lot more economical to limit water pollution than pay the price to clean it up afterward. We need to commit funding to programs that protect municipal drinking water sources, as well as increase the protection of wetlands, woodlands, and wildlife across the province. Currently it is getting harder and in many places impossible for homeowners to get home insurance against flooding. One reason basement floods are becoming more prevalent is the loss of wetlands. So increasing the protection of wetlands is essential. Woodlands and wildlife across the province need protection too.

After all, we can’t exist without water.

You’ve asked about the effects that climate change is having on our households, businesses, communities and public infrastructure. Here in Waterloo Region we’re increasingly having extreme weather events. “100 year storms” are happening yearly. In this century in Elmira we’ve had several ice storms, with trees coming down ripping into homes. I understand basement floods are so prevalent that homeowners can’t get insurance to cover them. Even though some governments don’t believe in climate change, the building standards for eavestroughs have changed to accommodate the torrential downpours we get almost every rainfall now. Such rain used to be the exception, now it’s the norm. With all the ice storms, it wouldn’t be a bad idea to get our hydro lines underground.

The most valuable help you can give homeowners is subsidies to facilitate retrofitting existing homes.

We also need to protect our water sources for municipal water supplies so we don’t have another Walkerton.

The best way to hold polluters accountable is putting a price on carbon. While I agree cap and trade wasn’t the ideal way to go about it, the federal government’s fee and dividend system is a better choice. Don’t waste our tax dollars fighting a no-win battle.

Binding emission targets can be legislated so we can keep Global warming to 1.5%. We need a 15% reduction below 1990 levels by 2020, 37% reduction below 1990 levels by 2030, and we can be Net Carbon Neutral by 2050. Government has the power to jump start change with legislation. Mandate all government buildings and operations move to zero carbon.

The province needs to support the clean economy, but also support energy efficiency and conservation. We can do that by investing in public transit, and switching to electric buses and trains, and replacing gas stations with charging stations. People want to switch to electric vehicles but many can’t afford it without subsidies.

We need serious investment in cycling infrastructure. New York City has discovered that reducing street parking in favor of protected bike lanes makes the brick and mortar stores in our towns and cities prosper.

Intensification of housing in our urban cores especially along existing public transit lines. This will help keep our farmland and greenbelts secure, so we will have food security.

The greatest efficiency the government can make would be to wind down our nuclear plants whilst ramping up alternative energy initiatives. Wind and solar are only part of the story, geothermal is good too. Encouraging micro energy generation, especially for farmers and folks living in rural Ontario would help them help themselves. As they do in Europe, small biogas genberators can be fuelled by organic waste generated by the farm property would help make them secure.

But we really need to do what’s necessary to protect our environment.

 


Today is the deadline to submit.
https://www.ontario.ca/form/tell-us-your-ideas-climate-change

Lest We Forget

Lieutenant Colonel John McCrae, M.D.

Remembrance Day is supposed to be about remembering our war dead.  Although Canadians are told the red poppy sold by the Royal Canadian Legion is supposed to symbolize all war dead, in truth the red poppy symbol has become synonymous with Canadian military veterans and their families in Canada.

Whenever Remembrance Day rolls around, the focus is always on the two World Wars of the 20th Century.  Yet World War I wasn’t called World War until there was a second World War.  The war that inspired Lieutenant Colonel John McCrae’s famous poem was originally known as “The War to End All Wars.”

But as often happens, the haunting words of Dr McCrae’s poem, “In Flanders Fields,” were used almost from the start as a war promotion.

It is one of the most quoted poems from the war. As a result of its immediate popularity, parts of the poem were used in efforts and appeals to recruit soldiers and raise money selling war bonds. Its references to the red poppies that grew over the graves of fallen soldiers resulted in the remembrance poppy becoming one of the world’s most recognized memorial symbols for soldiers who have died in conflict. The poem and poppy are prominent Remembrance Day symbols throughout the Commonwealth of Nations, particularly in Canada, where “In Flanders Fields” is one of the nation’s best-known literary works. The poem is also widely known in the United States, where it is associated with Veterans Day and Memorial Day.

Wikipedia

In Flanders fields the poppies grow Between the crosses, row on row, That mark our place; and in the sky The larks, still bravely singing, fly Scarce heard amid the guns below. We are the Dead. Short days ago We lived, felt dawn, saw sunset glow, Loved and were loved, and now we lie In Flanders fields. Take up our quarrel with the foe: To you from failing hands we throw The torch; be yours to hold it high. If ye break faith with us who die We shall not sleep, though poppies grow In Flanders fields. -- John McCrae Although we are admonished “lest we forget,” war is still very much with us.  And perhaps the most frightening thing about it is that Canada has been at war for most of the 21st Century, but we are barely aware of this fact.  Think of any WWI war movie; no matter where it’s set, everyone everywhere, whether or not they supported the war, everyone  was acutely aware it was going on.

Viet Nam changed all that.

When the people at home were faced with the unromanticized horrors of war, up close and personal at their dinner tables, an anti war movement of epic proportions arose, making it near impossible to keep the war going.

Governments learned from this mistake, and so the news coverage shared with the populace in the Main Stream Media is carefully managed.

Here in Canada, those of us at home are barely aware we’re at war at all.  Many still bask in the outdated notion that the Canadian military is engaged in Peacekeeping. To get a real look at what the situation actually is, we need to know the facts. Fortunately, the Internet allows us to discover what the MSM fails to tell us.

That’s why I believe this video of Tamara LorinczKeynote I recorded at the KWPeace Perspectives on Peace 2018 Symposiumis so important.

Canadians need to know.

I’ve heard it said one reason the Canadian Government (whether run by Conservatives or Liberals) insists it can’t afford to adequately compensate our war veterans is because advances in medical technology means 21st Century veterans are much more likely to survive than WWI vets.  It used to be that most casualties in war were sustained by the military, but these days that is no longer anywhere close to being true: civilian casualties vastly surpass those of the military.

What Colour is your Poppy?

Even though funds raised through red poppy sales are ostensibly to help our veterans, the symbol is so entwined with the mythos of war that I personally can no longer bear to wear one.

The Canadian Voice of Women For Peace champions the white poppy in Canada with its own White Poppy Campaign. The white poppy is the only one for me because it truly symbolizes all the casualties of war, winners and losers, soldiers and civilians, and just as important, it asks for peace.

—Laurel L. Russwurm
November 11th, 2018



Tamara Lorincz is a Balsillie School PhD Student, and a member of Canadian Voice of Women for Peace https://vowpeace.org/ ans a member of • Global Network Against Weapons and Nuclear Power in Space http://www.space4peace.org/

Tamara Lorincz’s Slides are available at  http://kwpeace.ca/wp-content/uploads/…

Subscribe to the KWPeace Event Calendar https://kwpeace.ca/ to keep abreast of Waterloo Region Peace and Justice events.

Criminal Code: Murder or Manslaughter

The word "Court" intertwined in the fascia above the side entrance to Toronto's Old City Hall from the dayIn online conversations I’ve had regarding the Colten Boushie killing, there seems to be some confusion about the law, but there doesn’t have to be in this Internet age when we can access Canadian law online.

Citizens don’t need to be lawyers to read The Criminal Code of Canada and discover the difference between what we think our laws are and what they actually are.

Although I am not a lawyer, I have highlighted what I think are the pertinent portions of the Criminal Code that are potentially relevant to the Colten Boushie killing.


Culpable homicide (4) Culpable homicide is murder or manslaughter or infanticide. Marginal note:Idem (5) A person commits culpable homicide when he causes the death of a human being, (a) by means of an unlawful act; (b) by criminal negligence; (c) by causing that human being, by threats or fear of violence or by deception, to do anything that causes his death; or (d) by wilfully frightening that human being, in the case of a child or sick person.


Murder, Manslaughter and Infanticide Marginal note:Murder 229 Culpable homicide is murder (a) where the person who causes the death of a human being (i) means to cause his death, or (ii) means to cause him bodily harm that he knows is likely to cause his death, and is reckless whether death ensues or not; (b) where a person, meaning to cause death to a human being or meaning to cause him bodily harm that he knows is likely to cause his death, and being reckless whether death ensues or not, by accident or mistake causes death to another human being, notwithstanding that he does not mean to cause death or bodily harm to that human being; or (c) where a person, for an unlawful object, does anything that he knows or ought to know is likely to cause death, and thereby causes death to a human being, notwithstanding that he desires to effect his object without causing death or bodily harm to any human being.


Murder reduced to manslaughter 232 (1) Culpable homicide that otherwise would be murder may be reduced to manslaughter if the person who committed it did so in the heat of passion caused by sudden provocation. Marginal note:What is provocation (2) Conduct of the victim that would constitute an indictable offence under this Act that is punishable by five or more years of imprisonment and that is of such a nature as to be sufficient to deprive an ordinary person of the power of self-control is provocation for the purposes of this section, if the accused acted on it on the sudden and before there was time for their passion to cool. Marginal note:Questions of fact (3) For the purposes of this section, the questions (a) whether the conduct of the victim amounted to provocation under subsection (2), and (b) whether the accused was deprived of the power of self-control by the provocation that he alleges he received, are questions of fact, but no one shall be deemed to have given provocation to another by doing anything that he had a legal right to do, or by doing anything that the accused incited him to do in order to provide the accused with an excuse for causing death or bodily harm to any human being.


Manslaughter 234 Culpable homicide that is not murder or infanticide is manslaughter.


Manslaughter 236 Every person who commits manslaughter is guilty of an indictable offence and liable (a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and (b) in any other case, to imprisonment for life.


Conviction for infanticide or manslaughter on charge of murder (3) Subject to subsection (4), where a count charges murder and the evidence proves manslaughter or infanticide but does not prove murder, the jury may find the accused not guilty of murder but guilty of manslaughter or infanticide, but shall not on that count find the accused guilty of any other offence. Marginal note:


You are, of course, welcome to check out the law for yourself:

http://laws-lois.justice.gc.ca/eng/acts/C-46/FullText.html