"Non-Criminal"

Read their own form. That is the entire case.

The Edmonton Police Service runs an online portal for reporting a “Hate Motivated Incident.” Directly beneath the heading, in the service’s own words, sits the definition: a non-criminal action.

Non-criminal. Their word. Then they tell you what to send in. Verbal insults. Name-calling. Offensive jokes.

Understand what has been built. A police service - the one institution in this country that owns handcuffs, databases, and the authority to appear at your workplace on a Tuesday afternoon - is asking your neighbours to report you for conduct it has already admitted is legal. Not to a mediator. Not to a community group. To the police.

They have invented a category of lawful behaviour that generates a permanent file.

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And once you see that, you understand why nobody needs to arrest you.

Britain ran this experiment first, and Canada is running it second while pretending it is new. In 2019 a British officer contacted a retired constable named Harry Miller at his place of work over tweets about gender policy. No charge. No offence. A “non-crime hate incident” logged against his name. By the time the courts caught up, roughly one hundred and twenty thousand Britons had one of these records - filed without evidence of hate, and in most cases without the person ever being told it existed.

In December 2021 the Court of Appeal ruled the guidance unlawful, finding it interfered with freedom of expression and could not be justified in a democratic society.

A British court struck this down four years ago. Edmonton has just imported it. Canada has no equivalent ruling, because nobody has forced the question.

Now stack Bill C-9 on top.

Royal Assent June 18. In force July 18. Two weeks before the police began asking Canadians to watch each other.

Section 319(2) has carried two years imprisonment for the wilful promotion of hatred since long before any of this. C-9 did not build a new door. It stripped a lock off the existing one, repealing the good-faith religious opinion defence that had stood since before the Charter. It wrote a definition of “hatred” into the Code. It bolted a penalty escalator onto every federal offence, so anything already illegal costs you double if a prosecutor decides your motive was hate.

Two years. Not theoretical. Not new. Simply easier to reach now, with one fewer defence in the way.

The Canadian Civil Liberties Association objected. The Canadian Constitution Foundation objected. The Canadian Bar Association told the government its own “clarification” clause confuses rather than clarifies.

The reply was that the threshold is high and Canadians should trust the discretion of the people applying it. Two weeks later, those people published a form soliciting reports of offensive jokes.

There is a name for a state that recruits its own citizens to file reports on the lawful opinions of their neighbours, and it is not a Canadian name.

By 1989 the Ministry for State Security in East Germany ran roughly one hundred and eighty-nine thousand unofficial collaborators - one for every ninety citizens. Ordinary people. Teachers, colleagues, neighbours, spouses. They were not police. They filed reports, and the reports became files, and the files covered a third of the country. Nobody was told.

Set aside the barbed wire and look only at the clerical method, because the clerical method is what has been rebuilt: a citizen encouraged to report, a subject who is never notified, a file that outlives the complaint, and an offence that never has to be proven because none was ever alleged.

The East Germans eventually got their files. A law in 1991 opened the archive and people stood in line to learn which friend had written them up.

Canadians will get no such law. There will be no archive, no reckoning, no queue in Berlin. There will only be whatever a Canadian is willing to demand, in writing, while it is still being built.

So demand it. How many reports came in. How many involved no offence. What happens to those names. Who can search them. When is the accused ever told.

File the access request. An institution doing nothing wrong will have no trouble showing its work.

They are counting on you not asking.

If you want to put pressure on our broken immigration system: The Great Canadian ATIP Day

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