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Canada’s Interpretation of Free Prior Informed is out of Sync with the International Interpretation PDF Print E-mail
Justice News
Posted by admin   
Wednesday, 26 February 2020 10:32
originally posted Thursday, 15 September 2017 by Joan Russow PhD Global Compliance Research Project INTERNATIONAL PERSPECTIVE OF THE PRINCIPLE OF OBTAINING FREE PRIOR INFORMED CONSENT As affirmed in International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights, Canada has an affirmative obligation to “promote the realization of the right of self-determination, and … respect that right, in conformity with the provisions of the Charter of the United Nations.” UN treaty bodies and other diverse entities require or support the standard of Free Prior Informed Consent (FPIC). These include: UN General Assembly and specialized agencies, as well as regional human rights bodies. In 2011, the International Finance Corporation announced: “For projects with potential significant adverse impacts on indigenous peoples, IFC has adopted the principle of ‘Free, Prior, and Informed Consent’ informed by the 2007 United Nations Declaration on the Rights of Indigenous Peoples.” The UN Development Programme (UNDP) “will not participate in a Project that violates the human rights of indigenous peoples as affirmed by Applicable Law and the United Nations Declaration”. UNDP added: “FPIC will be ensured on any matters that may affect the rights and interests, lands, resources, territories (whether titled or untitled to the people in question) and traditional livelihoods of the indigenous peoples concerned.” In March 2016, the UN Committee on Economic, Social and Cultural Rights recommended that Canada “fully recognize the right to free, prior and informed consent of indigenous peoples in its laws and policies and apply it in practice.” In particular, the Committee added that: … the State party establish effective mechanisms that enable meaningful participation of indigenous peoples in decision-making in relation to development projects being carried out on, or near, their lands or territories … [and] that the State party effectively engage indigenous peoples in the formulation of legislation that affects them. In July 2015, the UN Human Rights Committee urged Canada to “consult indigenous people … to seek their free, prior and informed consent whenever legislation and actions impact on their lands and rights” Following his visit to Canada, former Special Rapporteur James Anaya concluded: "as a general rule resource extraction should not occur on lands subject to aboriginal claims without adequate consultations with and the free, prior and informed consent of the indigenous peoples concerned. “Anaya added: "The general rule identified here derives from the character of free, prior and informed consent as a safeguard for the internationally recognized rights of indigenous peoples that are typically affected by extractive activities that occur within their territories."
Canadian Military Spying Activities Require More Scrutiny: Watchdog PDF Print E-mail
Justice News
Posted by Joan Russow   
Thursday, 11 April 2019 06:51


A committee flagged the possibility that Canadians' rights may be infringed.


By Jim Bronskill  


The facade of the headquarters of the Department of National Defence is pictured in Ottawa, on April 3, 2013. ADRIAN WYLD/CP




The facade of the headquarters of the Department of National Defence is pictured in Ottawa, on April 3, 2013. 
OTTAWA — A national-security watchdog has called for stricter controls on the Canadian military's spying, including the possibility of legislation spelling out when and how defence intelligence operations can take place.
In a report issued Tuesday, the National Security and Intelligence Committee of Parliamentarians said National Defence and the Canadian Armed Forces have one of the largest intelligence programs in Canada, yet these operations get little outside scrutiny.
The committee, which examined thousands of pages and received several closed-door briefings, found that defence agencies carry out a full range of intelligence activities, collecting information through sensitive methods including technical means, human sources and investigations.
It says these activities entail considerable risks, including possible infringements on Canadians' rights.
Last Updated on Thursday, 11 April 2019 07:51
2001The Criminalization of Dissent The Ottawa Citizen Sat 18 Aug 2001 PDF Print E-mail
Justice News
Posted by Joan Russow   
Tuesday, 09 April 2019 14:51

2001The Criminalization of Dissent The Ottawa Citizen Sat 18 Aug 2001

The complete 5 part series on "the criminalization of dissent"

Keeping the public in check: Special Mountie team, police tactics
threaten right to free speech and assembly, critics say; Police
targeting ordinary Canadians 'because they don't like their politics'
The Ottawa Citizen Sat 18 Aug 2001 News A1 / Front Series David Pugliese
and Jim Bronskill

Canada’s SNC-Lavalin Affair: The Site C Dam Project and Bulk Water Export PDF Print E-mail
Justice News
Posted by Joan Russow   
Wednesday, 13 March 2019 12:51
By Joyce Nelson
https://www.globalresearch.ca/snc-lavalin-site-c-bulk-water-export/5671247Global Research, March 13, 2019
Region: Canada
Theme: History, Media Disinformation, Oil and Energy



In all the press coverage of the “the SNC-Lavalin affair,” not enough attention has been paid to the company’s involvement in Site C – the contentious $11 billion dam being constructed in B.C.’s Peace River valley.
The Liberals say that any pressure they put on Jody Wilson-Raybould to rubber-stamp a “deferred prosecution agreement” for SNC-Lavalin was to protect jobs at the company. But the pressure may have been to protect something much bigger: the Liberals’ vision for Canada’s future. Site C epitomises that vision.
The “Many Lives” of Site C
Birthed in 1959 on the drawing boards of the U.S. Army Corps of Engineers and BC Electric (then owned by Montreal-based Power Corp), the Site C dam has been declared dead, then alive, then dead again several times over the next five decades until 2010, when BC Premier Gordon Campbell announced that Site C would proceed. [1]
Last Updated on Wednesday, 13 March 2019 13:01
Liberal precedent for confounding dual role of Minister of Justice and Attorney General PDF Print E-mail
Justice News
Posted by Joan Russow   
Thursday, 07 March 2019 11:12

By Joan Russow

Global Compliance Research Project

Image result for image of irwin cotler as minister of justice



Image of the Honorable Irwin Cotler as Minister of Justice and Attorney General. in 2004, I wrote to him about my being discriminated on the grounds of Political opinion under the ICCPR, 

When I was national leader of the Green Party of Canada,I found out in 1998 that I was on a RCMP Threat assessment list. In 2002  I filed a case about being on a threat Assessment list and was in Court was against Paul Partridge  the Lawyer for the Attorney General office.. The lawyer from the then Attorney General Office was obviously acting in the political role of the Minister of Justice.  I was appealing in court for the attorney General to reveal the reason for my being on the RCMP list. The Judge said that I did not have enough information; I replied that he placed me in a conundrum because the government had refused to divulge the reason for my being placed on the list. The judge struck my claim but did not dismiss my case and advised me to go through access to information and Privacy to obtain documents which I did but the responses were all didacted for international reason of security.  In 2004,I wrote the enclosed letter to Irwin Cotler as Minister of justice and Attorney General and received no assistance from him. Irwin Cotler is purported as being concerned about discrimination on the grounds of political or other opinion in other countries yet not in Canada in 2004 when he was minister of Justice in his partisan role or as Attorney General, in his non partisan role.

Last Updated on Saturday, 09 March 2019 09:11
Cuba's Ambassador Responds to CBC News PDF Print E-mail
Justice News
Posted by Joan Russow   
Sunday, 03 March 2019 22:05

Cuba's Ambassador Responds to CBC News

Cuba's Ambassador responds to the CBC News tendentious and manipulative article, Canada at odds with Cuban 'ally' over Maduro's fate.

I reject categorically and in the strongest terms the tendentious and manipulative article "Canada at odds with Cuba 'ally' over Maduro's fate", written by journalist Evan Dyer and published today, Sunday, March 3, 2019, by CBC News.

Good journalism does not speculate, it informs objectively.

The assertion that thousands of Cubans would allegedly be inserted into the structures of the armed and security forces of Venezuela, holding the government of (legitimate) President Nicolás Maduro, is a scandalous slander. I demand that CBC News present a proof, which evidently it does not have, since it does not appear in the whole article.

Last Updated on Saturday, 09 March 2019 19:08
'China is your daddy': Backlash against Tibetan student's election prompts questions about foreign influence PDF Print E-mail
Justice News
Posted by Joan Russow   
Friday, 15 February 2019 18:14
Social Sharing
Chemi Lhamo, 22, got thousands of hateful comments after becoming U of T Scarborough student president
CBC News · Posted: Feb 14, 2019 5:42 PM ET | Last Updated: February 15
Chemi Lhamo, the president-elect of the University of Toronto's Scarborough campus, believes she's being targeted because of her Tibetan identity. (Martin Trainor/CBC)
What might otherwise be the usual mudslinging around a student election has turned into a political firestorm on a Toronto university campus, where a newly-elected student president is raising questions about the source of pro-China attacks against her.
On Saturday morning, Chemi Lhamo, 22, learned she'd been elected student president at the University of Toronto's Scarborough campus (UTSC).
letter related to indigenous right being ignored in site C decision , by Canada PDF Print E-mail
Justice News
Posted by Joan Russow   
Wednesday, 09 January 2019 09:56


E-MAIL: This e-mail address is being protected from spambots. You need JavaScript enabled to view it REFERENCE: CERD/EWUAP/Canada-Site C dam/2018/JP/ks 14 December 2018 Excellency,

I would like to inform you that in the course of its 97th Session, the Committee on the Elimination of Racial Discrimination considered information received related to Site C dam and its impact on affected indigenous peoples in the Province of British Columbia, in Canada.

According to the information received, the provincial government of British Columbia announced, in December 2017, that construction of the Site C dam would continue.

In this regard, the Union of British Columbia Indian Chiefs (UBCIC) has launched a civil suit against the construction of the dam and asked for an interim injunction, subsequently denied, to halt construction until the case is settled.

The Committee is concerned about the alleged lack of measures taken to ensure the right to consultation and free, prior and informed consent with regard to the Site C dam, considering its impact on indigenous peoples control and use of their lands and natural resources.

The Committee is further concerned that the realization of the Site C dam without free, prior and informed consent, would permanently affects the land rights of affected indigenous peoples in the Province of British Columbia.

Accordingly, it would infringe indigenous peoples’ rights protected under the International Convention on the Elimination of All Forms of Racial Discrimination. The Committee would like to recall paragraph 20 of its 2017 concluding observations (CERD/C/CAN/CO/21-23), and requests the State party to provide information on the steps taken to suspend the Site C dam until free, prior and informed consent is obtained, following the full and adequate discharge of the duty to consult. Her Excellency Ms. Rosemary McCarney Permanent Representative of Canada to the United Nations Office Geneva Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it PAGE 2 In this regard, the Committee encourages the State party to consider engaging with the United Nations Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) that is mandated by the Human Rights Council (resolution 33/25, paragraph 2), to provide States with technical advice on the rights of indigenous peoples and facilitate dialogue between States, indigenous peoples and/or the private sector. In accordance with article 9 (1) of the Convention and article 65 of its Rules of Procedure, the Committee requests the State party to submit its response before 8 April 2019. Allow me, Excellency, to reiterate the wish of the Committee to continue to engage in a constructive dialogue with the Government of Canada, with a view to ensuring the effective implementation of the Convention. Yours sincerely, Noureddine Amir Chair Committee on the Elimination of Racial Discrimination

2016 submission Canada Pension Plan (CPPIB); must have investment screens and must redefine what constitutes due diligence PDF Print E-mail
Justice News
Posted by Joan Russow   
Thursday, 29 November 2018 09:37


submission  Canada Pension Plan (CPPIB); must have investment screens and must redefine what constitutes due diligence

By Joan Russow 

Global Compliancw Research Project 

 in Victoria

A. Suggestion related to rephrasing the CPPIB Mission statement 

B.Importance of both positive and negative screens and peremptory norms

C. Redefinition of what constitutes due diligence

D. Conclusion






Our investment strategy is designed to deliver a well-balanced and globally diversified portfolio that promotes ``common security`` with the following objectives

* To achieve a state of peace, and disarmament; through reallocation of military expenses and delegitimization of war

*To create a global structure that respects the rule of law and the international court of justice;

*To enable socially equitable and environmentally sound employment, and ensure the right to development and social justice

*To promote and fully guarantee respect for human rights including labour rights, women’s rights civil and political rights, indigenous rights, social and cultural rights – right to food, right to housing, right to safe drinking water and sewage treatment, right to education and right to universally accessible not for profit health care system;

*To ensure the preservation and protection of the environment, the respect for the inherent worth of nature beyond human purpose, the reduction of the ecological footprint, the enshrining of ecological rights, right to a healthy environment and the moving away from the current model of overconsumption


To accomplish this the CPP will have to establish mandatory positive and negative screens and to redefine what constitutes due diligence forsustained long-term returns without incurring undue risk to common security  




Last Updated on Sunday, 02 December 2018 11:05
the Dutch Court Decision: is a Precedent to be used in a case before the Supreme Court of Canada PDF Print E-mail
Justice News
Posted by Joan Russow   
Tuesday, 16 October 2018 08:24

in Npvember 2015  I wrote

At COP 21 in Paris. Ban Ki Moon urged the negotiators to negotiate  with a global vision not with national interests (COP 21, Press, Conference, 2015)


A global vision  would be to address article 2 and at a minimum to immediately close the tar sands to end all subsidies for fossil fuel, to calculate the carbon budget for Canada, to divest in fossil fuels and to reinvest in renewable energy, to conserve sinks - such as old growth forests and bogs (not  just as a means to offset emissions), to strengthen conservation of  biodiversity, to avoid all false solutions such as nuclear, geo-engineering and biofuels which would all violate principles within the UNFCCC, promote nature-based solutions along with solar energy, wind energy, wave and geothermal and to compensate for historical  emissions, and to institute a fair and just transition for workers affected negatively by the new vision and to reduce and reallocate the military budget and transfer the funds to address climate change


A real global vision, however, would be time lines and targets in line with existing and emerging science such as  20% below 1990 by 2018, 30% below 1990 levels by 2019, 40% below 1990 levels by 2020, 60 % below 1990 levels by 2025, 75% below 1990 below 1990 levels by 2035 and 100% below 1990 emissions by 2040, and  reaching Decarbonization with 100% socially equitable ecologically sound renewable energy,


Written in Paris when I attended COP21  2015 in November 


In July 2015 I wrote

AnAnalysis of the Dutch Court Decision: could this be a Precedent to be used in a case before the Supreme Court of Canada?

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Justice News
Posted by Joan Russow
Monday, 06 July 2015 14:06

Dutch case  should influence the commitments made by Canada to COP21 in Paris. Canada should commit to 25% below 1990 levels by 2020

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