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- June 05, 2025
Carney wants to SPY on Canadians, Sean Fraser caves to RADICALS – a constitutional lawyer weighs in
Episode Stats
Length
18 minutes
Words per Minute
176.549
Word Count
3,311
Sentence Count
183
Hate Speech Sentences
3
Summary
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Transcript
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).
Hate speech classification is done with
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.
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Hi, I'm Candice Malcolm and this is The Candice Malcolm Show. We have an excellent episode for
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you today. Wow, a lot going on in the world of Canadian news. We're going to talk about Bill
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C2, which is Mark Carney's new attempt to spy on all Canadians. We're going to talk about
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Attorney General Sean Fraser and how he completely contradicted himself and he caved two radicals
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just one day apart. Finally, we're going to talk about a parent and a school council member
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and what happened to her after she refused to do a land acknowledgement in Hamilton.
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Folks, please like this video. I'm going to ask you just to quickly hit that like button.
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It really helps us with the YouTube algorithm. We want to be discovered by as many Canadians
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as possible. So my guest today, I'm very pleased to be joined by John Carpe. John Carpe is a
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constitutional lawyer and he's president of the Justice Centre for Constitutional Freedoms
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and he's the author of a new book, Corrupted by Fear, which explores how Canadian courts
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failed to properly scrutinize government overreach during COVID. And we are going to talk about that
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as well. So John, welcome to the show. Thank you so much for joining us.
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Glad to be with you.
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Well, first I want to talk about this liberal border bill and how it threatens Canadians and
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our privacy. So this is all, of course, in response to what has been happening with the
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border, with fentanyl, with the Americans. It's always under the guise of a big, you know,
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important security event, but people are really starting to raise the alarm. This is a 140 page
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bill. So it seems to me that the government just wanted to throw in all kinds of other things
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into this bill. So I'm going to read a little bit from University of Ottawa law professor Michael
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Geis, because he wrote a long blog post on this that I think is really important. He writes,
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this is his blog post called Privacy at Risk. Government buries lawful access provisions in
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new border bill. He writes, the government yesterday introduced the strong border act,
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Bill C-2, legislation that was promoted as establishing a new border measure provision,
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presumably designed to address U.S. concerns regarding the border. Yet buried at the bottom
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of the bill are lawful access provisions that have nothing to do with the border. The provisions raise
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the prospects of warrantless access to information about internet subscribers, among other things.
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He writes, much like the government's overreach last year from the online harms bill,
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Bill C-2 overreaches by including measures on internet subscriber data that have nothing to
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do with the border, but raise serious concerns about civil liberties. So I'm wondering, John,
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what is your takeaway? What do you think about this bill as being introduced?
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It's terrifying. There are provisions to restrict the use of cash. There are provisions that will allow
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police for the first time to intercept mail, which repudiates a 157-year-old Canadian tradition of privacy
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that dates all the way back to Confederation in 1867. Canada Post gets new powers to open mail. And then we have
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this without a warrant access. And just as background, warrants are a crime-fighting tool. And so the starting
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point is we all have a privacy right. But if the police have reasonable and probable grounds to believe
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that, let's say Mark Smith, just invented name is, has got fentanyl or child pornography in his home. They
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have, they have reasonable tips, reasonable leads. They can go to court and somebody needs to swear an affidavit
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on which they can be cross-examined in the future. And they need to apply to a judge to get a search warrant. And so
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they could violate the privacy rights of Mark Smith because they have reasonable and probable grounds to
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do so. They could intercept his emails, read his emails. They could get a search warrant to go into
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his home. And so they can show up suddenly and just walk into his home and it's legal. But the search warrant
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is so important as a protection of the 99.99% of Canadians who are law-abiding. The police does not,
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in the name of crime-fighting, have the right to, to enter your home. And so what we have with the
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Strong Borders Act is, uh, included in the 140 pages, there's a provision whereby law enforcement
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authorities can demand of anybody providing electronic services, which is pretty broad, uh, that might
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include your organization and my organization. I mean, if we're sending out emails about constitutional
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rights and freedoms, that could be an electronic service. We have to on demand, uh, produce our, and
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turn over our email lists and, uh, provisions in there as well would require, um, releasing the locations of,
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of where people live or where their IP address is. So it's, uh, all crime fighting, it's gotta be, uh, we have to be
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protected by, uh, legal requirement for law enforcement to get a search warrant. Uh, this is
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being, uh, put on, uh, this is being repudiated. So it's extremely dangerous.
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Well, okay. So we have Ottawa, in Ottawa yesterday, Public Safety Minister, Gary Anansangari,
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and he claimed that the bill is in line with the Charter of Rights and Freedoms and that it strikes the
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right balance between expanding, uh, powers and protecting the individual. Let's play that clip.
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In order for me to bring forward legislation, it needed to have the safeguards in place. Uh,
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it needed to be charter, uh, in line with the values of the Canadian Charter of Rights and Freedoms.
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Um, and, and I fundamentally believe that, that we have, uh, strike the balance that, uh, while, um,
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expanding powers in certain instances does have the safeguards and the protections in place, uh, to
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protect individual freedoms or rights. I think a lot of Canadians really want to take action when it
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comes to fighting illegal immigration and crime, crime specifically, as well as fentanyl. So
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Canadians, there is an appetite for this, uh, but what do you make of the minister's, uh, claim
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there that it strikes the right balance?
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Politicians and other government officials never take away our rights and freedoms without offering
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a nice sounding pretext. And so the pretext here has got some nice sounding things. Uh, most Canadians
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legitimately, uh, myself included, uh, we want strong borders. We don't want to have non-existent
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borders or anybody can just walk into Canada or fly into Canada and just stay here without lawful
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authorization to do so. But whenever politicians bring legislation that violates rights and freedoms,
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they always say, oh yeah, we've looked at the charter. This complies with the charter. Uh, we've taken
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charter values into account. There are safeguards here to protect privacy, to protect freedom of
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expression. The safeguards are there. They said that with the online harms, uh, act that, that they
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brought in, uh, about a year and a half ago or a year and several months ago, they always say that
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it's charter compliant because that's, uh, it's kind of a political speaking point. Uh, but what, what
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we're learning about the bill so far, and it's a bit of a slow process being 140 pages is, is terrifying.
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And, and no, it doesn't comply with the charter. Well, there you go. I want to take note because
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I don't usually agree with the establishment journalists, but this time even they have expressed
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concerns. So here we have Althea Raj with the Toronto Star. Her headline says, border bill primed
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to give Mark Carney's government sweeping new powers, but who asked for it? On X, she criticized it. Next, we
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have, uh, Robin Urbach from the Globe and Mail. Uh, she writes, so it appears the Carney government
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decided to pair a bunch of mostly reasonable reforms to our asylum claim system with
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a bunch of insane crap that expands law enforcement, surveillance power, uh, because we needed that
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question mark. And finally, Chris Selle in the national post writes, uh, his headline says,
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liberals wrap much needed refugee reform in a terrible privacy invading packages. He writes on X,
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seems kind of Trumpy, right? Um, so I, I, I know, I know you probably share my view that for the most
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part, the legacy media is not to be trusted, but when you even have legacy media, people like Althea Raj and
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Robin Urbach saying, this isn't what anyone asked for and we shouldn't be doing this. Um, do you
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think that the liberals will listen and maybe try to, uh, break this bill in half at least and take
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out, um, some of the, the, the things that people are raising concerns about? Well, there's, there's a
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good chance of that. It depends on, on, uh, pushback as well for Canadians, especially those who are living in, uh, an
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electoral district where their member of parliament is a liberal. Uh, if those MPs get a lot of pushback
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from their own constituents, that's going to, uh, bear influence. Another, uh, you know, mainstream
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media person, um, Marie Wolf wrote in the Globe and Mail yesterday, uh, raised some, raised these same
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flags that this is allowing law enforcement to access all kinds of information about people's names,
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email addresses, uh, location of IP server without a warrant. And I, I'm glad I'm thankful that, uh,
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this seems to be, uh, across the board that, that, that there is a real concern for privacy. I mean,
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it'd be nice if, if, uh, others were also, you know, strong champions of the freedoms of, uh, expression,
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religion, conscience, association, peaceful assembly, and they're not. Uh, but here, at least when it comes
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to privacy rates, uh, we seem to have people from across the political spectrum that are, uh, raising,
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raising alarms. Well, I'm old enough to remember back in 2015, John, when Stephen Harper introduced an
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anti-terror bill, right? This was 2015. The backdrop was, we had Islamist ISIS fanaticals in Canada.
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One of them shot and killed an unarmed soldier standing ceremoniously on guard. I'm talking about
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Nathan Cirilla. Then that madman broke into parliament, fired shots very close to politicians
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like Stephen Harper and Justin Trudeau. Um, and so in response, the terror bill that he, uh, implemented
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received huge pushback, um, from the establishment people, from the powers that be. Uh, I'm going to
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show this joint letter that was signed by dozens, hundreds of organizations and law professors across
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the country. So this is from the Electronic Frontier Foundation. They signed a joint letter urging Canada
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to dismiss the anti-terror legislation. And folks, you can just see, look at the names of the
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organizations that signed this. Like there's, I don't know, a couple dozen plus all of these very
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fancy law professors and other university professors, probably a hundred of them. And so they were very up
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in arms. I think, you know, by today's standards, that bill seems quite mild, um, compared to some
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of the things that the Justin Trudeau government has had introduced. And now here we are with Mark
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Carney introducing things that just have nothing to do with each other. Um, so I know it's early days,
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right? This was just introduced. Maybe the Canadian Civil Liberties Association and other groups are
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drafting letters as we speak. Um, but I, I'm wondering, do you expect to see this level of pushback
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against the Kearney government? Well, based on what we've seen so far about the bill's contents,
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I would, uh, I would certainly hope so. The other frightening thing is that, that this kind of
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legislation works hand in glove with a new online harms act. If the, uh, if the federal government
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reintroduces the, the same bill or, or similar legislation. So on the one hand, law enforcement
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gets easy access without a warrant to private and confidential information of thousands or even
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millions of people. And then at the same time, uh, if you have something like an online harms act
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that, um, uh, is going to put a chill on speech, that's going to allow the federal government to pass
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regulations where they get to define what is hateful. And, uh, those two together, it's absolutely
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terrifying and, and the technology is there. Uh, we know how social credit works in China with, um,
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you know, if you criticize the government on social media, next thing you know, you can't go shopping,
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you can't get onto a train or a plane or a subway or a bus. Uh, the technology is there to, to facilitate
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worse tyranny than what we've ever experienced before. And it seems like that's the way that
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they're heading. Okay. I want to switch gears a little bit, John, and ask you about Canada's
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justice minister, attorney general, Sean Fraser. He seems to have either flip-flopped or sort of
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capitulated to the radicals here. So this is all in the backdrop of that first minister's meeting
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that happened in Saskatoon earlier in the week. The idea that Mark Carney is really focused on
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creating energy corridors, making Canada an energy superpower, and yes, the prospect of new pipelines. So
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justice minister, Sean Fraser, this is on Wednesday. He was asked about this and specifically made this
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comment saying that indigenous communities don't have a blanket veto power over natural resource
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projects. Let's play that clip. Uh, there's the potential to have a more direct impact on
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aboriginal and treaty rights. It demands a higher degree of engagement. Uh, the commentary has suggested
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to date, uh, that it's not necessarily a blanket veto power, but of course we're in new territory here.
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And so looking a little frazzled there, but on Thursday, Sean Fraser came back and he actually
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apologized for those comments saying that he shouldn't have said them and that instead he
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should have just rejected the premise of the question. Let's play that clip.
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Despite, uh, innocent intentions. I think my comments actually caused hurt and potentially
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eroded a very precarious trust that has been built up, uh, over many years, uh, to respect the rights
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of indigenous people in this country. And, uh, it's essential that we, uh, work in partnership,
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uh, with indigenous partners when it comes to issues that engage their, uh, their rights and demand,
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uh, the respect of the crown. What I should have done when faced with the question that I received
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was rejecting the premise of the question. So it seems like he got a talking to John. I don't
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know if it was from the prime minister's office news, uh, outlets have reported that the AFN, uh,
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chief gave him a call, probably gave the prime minister's office a call as well. And you could see
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that he, that he was sort of groveling for, um, you know, just saying that he shouldn't have said it
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and that, that wasn't what he meant. And so I'm wondering, um, what do you make of this sort of,
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I don't know how to call it a flip flop or capitulation, um, and the broader question of getting
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pipelines and national projects, uh, to fruition without having small interest groups being able
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to hijack the process? Well, it's, it's encouraging to hear the prime minister say that, uh, you know,
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we do need these pipelines. Um, Alberta right now is, and, and therefore Canada as well. We are losing
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huge sums of money by being forced to sell our oil at a discounted price to the United States because
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we don't have, uh, full access to tide water. So we can't sell the oil to, um, to other countries.
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It's a self-inflicted wound. And so we are losing massive revenues by selling to the Americans at a
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lower price because they're the only ones we can sell to because we've shot ourselves in the foot
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and, uh, not built these pipelines. Now it's good to hear support for the pipelines, but there's this
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qualification where prime minister Carney says that subject to, uh, Aboriginal veto for whatever
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they deem to be their traditional lands or unceded lands, uh, which is pretty vague. Um, and then
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environmental concerns, which are legitimate, but when he says environment, he's talking about his
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theory that mankind controls the climate. And then a third one is that, uh, any development has to be
00:16:00.360
subject to, uh, the, the public interest as defined by the government. So on the one hand, it's like,
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yeah, we're four pipelines, but Aboriginals have a veto. Uh, we believe that mankind controls the
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climate. So, uh, if the pipelines are going to interfere with that control of the climate, it's not going
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ahead. And if the government thinks it's not really in the national interest. So really you don't have
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serious support for pipelines. And, uh, I think, uh, the attorney general, Sean Fraser, I think his
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first comments were far more reasonable than the, uh, the subsequent backtracking, uh, in response to
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hurt feelings. Well, especially when we have a situation where you can have hereditary chiefs,
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like not even elected people in these communities, but people who have deemed themselves through their
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bloodline, um, the, the arbiters of whether Canada gets to have an economy that works or not.
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And, uh, you know, the idea of, uh, what we, you know, what the Trudeau government has
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given, pardon me, have, has, uh, paid homage to before the idea that first nations do have veto
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power and that we adhere to, you know, United nations protocol that requires, what is it prior
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informed consent, whatever that means, which is a gray area. Um, you know, they, they are given
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outsized power in our society. I want to tie this to another story, John, um, which is really quite
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something I know you at the justice center are focused on this case. So a parent in Hamilton,
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basically she calmly expressed her opposition to land acknowledgements. You know, the land
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acknowledgements, we saw King Charles do one embarrassingly, um, before his throne speech,
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um, basically saying that Canada is not a legitimate country, um, and that it's unceded land,
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it's not our land. Um, well, she expressed calm opposition to it. And we're going to talk a little
00:17:45.640
bit about what happened to her and we're going to talk about John's book on COVID government overreach.
00:17:50.520
But folks, we're going to cut off the YouTube stream right here because when I, whenever I talk
00:17:55.160
about these topics, um, my videos get demonetized. YouTube doesn't like us talking about these
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comments. So we're going to switch it over to junonews.com. Come join us over there for the
00:18:04.520
rest of the conversation. And we can be a lot more open about our real thoughts and beliefs because
00:18:09.720
we're not facing any kind of government or YouTube censorship. So head on over and watch the rest there. Okay.
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