Thursday, March 17, 2022

Crime Series Part 3 - Criminal Negligence in Canada

Author: Tracey Young. (March 17, 2022). Crime Series: Part 3 - Criminal Negligence in Canada. C4D - Canadians 4 Democracy. Retrieved from: https://c4d-canadians4democracy.blogspot.com/2022/03/crime-series-part-3-criminal-negligence.html.

Disclaimer: I am not a lawyer. I am a Public Interest Advocate. The information contained in this article is not intended to be used for legal advice. Please consult a legal professional for legal advice or speak with a local law enforcement agency if you believe a criminal act/action has taken place.

Criminal Negligence Criminal Code Violations

In Canada, there are more than one set of violations of the Criminal Code of Canada for Criminal Negligence. These are introduced below.

Criminal negligence

219 (1) Every one is criminally negligent who
- (a) in doing anything, or
- (b) in omitting to do anything that it is his duty to do,
shows wanton or reckless disregard for the lives or safety of other persons.
Definition of duty
(2) For the purposes of this section, duty means a duty imposed by law.

Causing death by criminal negligence

220 Every person who by criminal negligence causes death to another person 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.

Marginal note:Causing bodily harm by criminal negligence

221 Every person who by criminal negligence causes bodily harm to another person is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b) an offence punishable on summary conviction.

Duty of persons directing work

217.1 Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task.

Source: Government of Canada.

Sec. 219.1 – Criminal Negligence

Link: https://laws-lois.justice.gc.ca/eng/acts/C-46/section-219.html.

Sec. 220 – Causing bodily harm by criminal negligence

Link: https://laws-lois.justice.gc.ca/eng/acts/C-46/section-221.html

Sec. 221 – Causing death by criminal negligence

Link: https://laws-lois.justice.gc.ca/eng/acts/C-46/section-220.html

Sec. 217.1 – Duty of persons directing work

Link: https://laws-lois.justice.gc.ca/eng/acts/C-46/page-32.html#docCont

Credit: Patrice F. Band. (2014) **

What Elements Must be Present to Prove Criminal Negligence

Proving criminal negligence under s. 219 should include:^[1]

☐ identity of accused as culprit
☐ date and time of incident
☐ jurisdiction (incl. region and province)
☐ the culprit had a legal duty;
☐the culprit did something or omitted to do something that it was their legal duty to do;
☐ the conduct showed "wanton or reckless disregard for the lives or safety of others"

Proving criminal negligence causing death under s. 220 should include:

☐ elements of s. 219;
1. ☐ the conduct showed a "marked and substantial departure" form the conduct of a reasonably prudent and
☐ the alleged act caused the death of another person.

Proving criminal negligence causing bodily harm under s. 221 should include:

☐ elements of s. 219;
☐ another person suffered bodily harm
☐ the alleged act caused the harm

Source: Dostal, P. (2012/2022). Criminal Negligence (Offence). The Criminal Law Notebook. Retrieved from: http://criminalnotebook.ca/index.php/Criminal_Negligence_(Offence).

** Source: Band, P.F. (2014). Criminal liability and defences to criminal charges. Presentation. Retrieved from: https://www.slideserve.com/lovie/criminal-liability-and-defences-to-criminal-charges.

Saturday, March 12, 2022

Crime Series: Part 2 - Fraud: Criminal Code of Canada and Elements of Fraud in Civil Cases

Author: Tracey Young. (March 12, 2022). Crime Series: Part 2 - Fraud: Criminal Code of Canada and Elements of Fraud in Civil Cases. C4D - Canadians 4 Democracy. Retrieved from: https://c4d-canadians4democracy.blogspot.com/2022/03/crime-series-part-2-fraud-criminal-code.html.

Disclaimer: I am not a lawyer. I am a Public Interest Advocate. The information contained in this article is not intended to be used for legal advice. Please consult a legal professional for legal advice or speak with a local law enforcement agency if you believe a criminal act/action has taken place.

Fraud

380 (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,

(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument ** or the value of the subject-matter of the offence exceeds five thousand dollars; or
(b) is guilty
- (i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
- (ii) of an offence punishable on summary conviction,
where the value of the subject-matter of the offence does not exceed five thousand dollars.
Source: Government of Canada. Fraud. Retrieved from: https://www.laws-lois.justice.gc.ca/eng/acts/c-46/section-380.html.

** testamentary instrument includes any will, codicil or other testamentary writing or appointment, during the life of the testator whose testamentary disposition it purports to be and after his death, whether it relates to real or personal property or to both;

________________________________________
Fraud According to the Criminal Code of Canada
- Section 380(1) of the Criminal Code uses a two-part definition to describe fraud:
- - 1) a prohibited act of “deceit, falsehood or other fraudulent means;” and
  - 2) that this act deprives the public or specific person of “any property, money or valuable security, or any service.”
Ensuing sections of the Code describe “intent” as a crucial component of fraud charges and subsequent legal precedents set by Canadian courts mandates that the Crown has to prove intent to secure a conviction. While this is helpful for defending against fraud charges, it also means that people can be charged for their intent to commit fraud, even if they were unsuccessful in their efforts.
Source: Mass Tsang. (2021). What is Considered Fraud in Canada. Retrieved from: https://www.masstsang.com/blog/post/what-considered-fraud-canada/.
- ________________________________________

Elements of Fraud in Civil Cases

In order to prove fraud in civil court cases (not criminal), these four elements are needed:

1. There must be a misrepresentation of material fact.

2. The misrepresentation of fact must have been perpetrated by a party that knew it was false.

3. The plaintiff must have relied on the misrepresentation.

4. Injury or loss must have been incurred as a result of the plaintiff relying on the misrepresentation.

All four of these elements must have taken place in order to successfully litigate a case of fraud. In many jurisdictions a “preponderance of evidence” is also needed. This means that the plaintiff has a higher burden of proof and needs to show the court evidence that their version of facts is more credible and convincing than not.

Source: Lithgow, C. (2018). How to prevent fraud in court. The Civil Litigator. Retrieved from: https://www.civillitigator.net/how-to-prove-fraud-in-court/.

Crime Series: Part 1: Essential Elements That Must Be Present to be Considered Criminal Misconduct in Canada

Author: Tracey Young. (March 12, 2022). Crime Series: Part 1: Essential Elements That Must Be Present to be Considered Criminal Misconduct in Canada. C4D Canadians 4 Democracy. Retrieved from: https://c4d-canadians4democracy.blogspot.com/2022/03/crime-series-part-1-essential-elements.html.

Canadian Case Law About the Required Elements of a Crime

In R. v. Foster, 2018 ONCA 53, Justice Watt provided a comprehensive overview of the basic and essential elements that there must be evidence of. Key excerpts of this ruling are provided below.

The Elements of an Offence

[51] Expressed in the Latin maxim, actus non facit reum nisi mens sit rea, it is a fundamental principle of our criminal law that a person may not be convicted of a crime unless the Crown proves beyond a reasonable doubt that the person:

i. engaged in conduct in circumstances forbidden by the criminal law (the actus reus or external element); and

ii. had a defined state of mind in relation to the prohibited conduct (the mens rea or mental or fault element).

[52] The external element or actus reus includes all the elements of the offence except for the mental or fault element. As a result, the external element or actus reus can include:

i. conduct (act or omission);

ii. circumstances or state(s) of affairs; and

iii. result.

Sometimes, this element requires proof that the conduct, which occurred in required circumstances, yielded or caused a certain result. On other occasions, less frequent in their occurrence, proof of conduct alone is sufficient: Smith and Hogan, at pp. 50-51.

[53] Identifying the starting and ending point of the actus reus of an offence is important for at least two reasons. The first is the substantive requirement that, at some point, the actus reus and mens rea must coincide: see, for example, R. v. Cooper, 1993 CanLII 147 (SCC), [1993] 1 S.C.R. 146. The second has to do with procedural issues, such as the time frame of the charge and territorial jurisdiction over the offence: Smith and Hogan, at p. 51.

[54] Sometimes, the conjunction or concurrence of the actus reus and mens rea, which makes the offence complete, does not terminate the offence. The conjunction of the two elements essential for the commission of the offence continues. As a result, an accused remains in what might be described as a state of criminality so long as the offence continues: Bell v. The Queen, 1983 CanLII 166 (SCC), [1983] 2 S.C.R. 471, at p. 488. We describe these offences, such as possession, as continuing offences: Bell, at p. 488.

Source: R. v. Foster, 2018 ONCA 53 (CanLII). Retrieved from: https://www.canlii.org/en/on/onca/doc/2018/2018onca53/2018onca53.html.

Core Elements That Must Be Present to be Considered Criminal Misconduct in Canada

In order to prove that a crime has occurred under the Criminal Code of Canada (1985), the complainant must be evidence of all of the elements listed below.

1. A criminal act has occurred (Actus reus) - Evidence must exist that an unlawful act, or unlawful omission of an act must have occurred.

2. Criminal intent (Mens rea) - "For a criminal act to qualify as a crime, the mental state of the perpetrator must be taken into consideration. The theory of mens rea holds that a defendant can only be held culpable when there is criminal intent." (Coolidge, 2019).

Elements of Mens rea: Intent, knowledge, motive and recklessness (Canadian Legal System).

3. Concurrence - "The coexistence of criminal intent and a criminal act. Without evidence that the mens rea preceded or occurred at the same time as the actus reus, the burden of proof falls short." (Coolidge, 2019).

4. Causation - "... the relationship between the defendant conduct and the end result. The prosecution must prove beyond a reasonable doubt that the defendant’s actions were what led to the resulting crime in question, which is typically harm or injury." (Coolidge, 2019).

Source: Coolidge, T. (2019). What are the Elements of a Crime? Todd Coolidge website. Retrieved from: https://coolidgelawfirmaz.com/what-are-the-elements-of-a-crime/.

Canadian Legal System. Elements of a crime. Retrieved from: https://allaboutcanadianlaw.weebly.com/elements-of-a-crime.html.

Tuesday, January 25, 2022

Italy Signs 2019 Plan with China: Implements Chinese-style Lockdowns for COVID-19 in 2020

Italy Implements Chinese-style Lockdowns for COVID-19

On November 8, 2019, Italy’s Health Minister signed a plan with China to “support prevention strategies, policies and actions to combat exposure to etiological agents.” Italy subsequently used the China “public health” measures of lockdown of its citizens. Without notice, or preparation time available.

Source: Silvano Danesi. (April 24, 2021).

English title: A Health Action Plan has linked Italy to China for Twenty Years.

Italian title: Un Piano D'azione Sanitaria Lega L'Italia alla cina da vent'anni/.

Nuovo Giormale Nazionale. Retrieved from: https://www.nuovogiornalenazionale.com/index.php/italia/politica/1774-un-piano-d-azione-sanitaria-lega-l-italia-alla-cina-da-vent-anni.html.

Saturday, January 1, 2022

Video: Dr. Michael McDowell – Explains SARSCOV2 – Bioweapon Agenda

Video: Dr Michael McDowell – Explains SARSCOV2 – Bioweapon Agenda

SECKHS. (Aug. 22, 2021). Bitchute. (24:34 min.). Retrieved from: https://www.bitchute.com/video/pz1NQGjo9SSl/.

Details: In the Vaccine Response News Conference in Trinidad and Tobago. Dr. Michael McDowell explains the covert agenda of the creation of the SARSCoV2 pandemic.

Note: I can't embed the video in this post, so follow the link. ☝

Friday, December 3, 2021

Canada's Potential Role in the Coronavirus Pandemic: Events Related to Firing of 2 Chinese Scientists from National Microbiology Lab (NML)

Liberals propose new committee with arbiters to study firing of scientists at Winnipeg lab

Turnball, S. (Dec. 2, 2021). CTV News. Retrieved from: https://www.ctvnews.ca/politics/liberals-propose-new-committee-with-arbiters-to-study-firing-of-scientists-at-winnipeg-lab-1.5691435

OTTAWA -- The government is proposing the creation of a new House of Commons committee, advised by a panel of three former senior judges, to comb through sensitive material relating to the firing of two scientists at Canada’s highest-security laboratory.

A letter signed by Government House Leader Mark Holland on Thursday, and penned to his counterparts across the aisle, states that while the government maintains this information is best held with National Security and Intelligence Committee of Parliamentarians (NSICOP), they are open to find a solution.

The proposal would allow this new group of MPs to gain access to unredacted documents pertaining to the questions surrounding the laboratory in Winnipeg.

Opposition parties have long fought for answers as to why Dr. Xiangguo Qiu and Dr. Keding Cheng were escorted out of Winnipeg’s National Microbiology Laboratory in July 2019 and terminated 18 months later by the Public Health Agency of Canada (PHAC).

There are also concerns and questions about whether their terminations are connected to the fact that four months before their removal, Qiu sent a shipment of Ebola and Henipah viruses to China's Wuhan Institute of Virology.

Former PHAC president Iain Stewart has offered no insight into the matter and was publicly admonished in the House of Commons in late June for failing to turn over the documents in question.

Former minister of health Patty Hajdu had referred the matter and provided the documents to NSICOP, which includes members from the House and the Senate, and has a mandate to analyze any activity carried out by a department that relates to national security or intelligence.

“The NSICOP has a proven track record as a body that works in a collaborative and non-partisan fashion. It has shown it can work well for Canadians,” a letter reads.

“Unfortunately, opposition parties in the House disagreed with the referral of this matter to NSICOP.”

The Liberals suggest they’ve found a “responsible and democratic” solution, one that was employed by former prime minister Stephen Harper in 2010 to resolve calls by MPs who wanted access to documents related to the treatment of detainees in Afghanistan.

The government and opposition parties would, if agreed upon, sign a memorandum of understanding to create the ad-hoc committee, “with appropriate safeguards,” to review the documents.

The panel of arbiters would then determine “relevant and necessary information” could be made public while also weighing national security risk.

“Members of the ad-hoc committee would conduct their business within a secure government facility and be subject to appropriate security measures to safeguard the sensitive and confidential information. The committee and panel would be supported by security-cleared, non-partisan public servants,” the letter reads.

Where there is disagreement over what should be released, the judges would step in.

“The panel of arbiters would make a binding determination regarding how that information could be made available to members of Parliament and the public without comprising national security, national defence, or international relations,” the letter reads.

Holland said the proposition recognizes the role of the House in holding the government to account, while also respecting its job in keeping Canadians safe.

Tuesday, October 5, 2021

SARS-CoV-2 Novel Coronavirus: Origins and Timeline - Intelligence reports - May and August 2019 in China

SARS-CoV-2: Novel Coronavirus

China-PCR-test-orders-soared-before-first-confirmed-COVID-case
Excerpts:

TOKYO -- Purchases of PCR tests in China's Hubei Province surged months before the first official reports of a novel coronavirus case there, according to a report by Australia-based cybersecurity company Internet 2.0.
About 67.4 million yuan ($10.5 million at current rates) was spent on PCR tests in Hubei during 2019, nearly double the 2018 total, with the upswing starting in May, according to the report.

Internet 2.0 collected and analyzed data from a website that aggregates information on public procurement bids in China. The analysis team consists of former officials from intelligence agencies in the U.S., the U.K., Australia, and other countries.

PCR, or polymerase chain reaction, tests are used to detect the presence of a particular genetic sequence in a sample, and they have applications beyond COVID-19 testing. But the report alleges the unusual uptick likely signals awareness of a new disease spreading in and around Wuhan, the capital of Hubei Province.

Orders doubled from universities, jumped fivefold from the Chinese Center for Disease Control and Prevention and surged tenfold from animal testing bureaus. Purchases from hospitals declined by more than 10%.

Monthly procurement data shows a spike in orders in May, especially from CDC buyers and the People's Liberation Army.

"We believe the increased spending in May suggests this as the earliest start date for possible infection," the report said.

Purchases rose sharply from July through October as well, in particular from the Wuhan University of Science and Technology. The institution spent 8.92 million yuan on PCR tests in 2019, about eight times its total for the previous year.
The university, along with local hospitals and public health authorities, plays a direct role in responding to outbreaks of new diseases, according to the report.

The involvement of these groups provides evidence that "the increase of purchasing was most likely linked to the emergence of COVID-19 in Hubei Province in 2019," the report said. "We assess with high confidence that the pandemic began much earlier than China informed the [World Health Organization] about COVID-19."

China's Foreign Ministry disputed the findings. In a response to Bloomberg News, a spokesperson said the findings fall into the same category as other dubious claims about the origins of the coronavirus, including a "so-called paper" that analyzed traffic volumes near several hospitals in Wuhan and searched for the keywords "cough" and "diarrhea" before concluding that the outbreak began in Wuhan as early as August 2019.
Beijing told the WHO that the first symptomatic case was recorded Dec. 8, 2019. But some in the U.S. allege that the virus was circulating in humans before then, with claims that it leaked from a research laboratory.
"We can't say for sure with just" the public procurement information, said Akira Igata, a visiting professor at Tama Graduate School of Business in Tokyo who examined that data independently, "but it's strong information for making the case that there was awareness of a virus outbreak around Wuhan several months to half a year before that December."

Satellite images from Wuhan hospital parking lots show a sharp increase in activity starting in August 2019, according to a study last year by researchers from Harvard and other institutions. But a report in August by U.S. intelligence agencies found no confirmation as to whether the disease spilled over from an animal host or leaked from a lab.

"There has been no sharing of usable data from China regarding how and when COVID-19 started," said David Robinson, one of the authors of the latest report. "Zero transparency has fueled a lot of hypothesis, theory, misinformation as well as heartache for the victims."
Citation

C4D Canadians 4 Democracy (Oct. 5, 2021). SARS-CoV-2 Novel Coronavirus: Origins and Timeline - Intelligence reports - May and August 2019 in China. Retrieved from: https://c4d-canadians4democracy.blogspot.com/2021/10/sars-cov-2-novel-coronavirus-origins.html.

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