Sometimes its not about hate speech (even though I'd be okay if it was)
Every news article on the subject has a comment thread that goes on and on about how 'Free Speech' has been stifled. While I could write a whole article about how our Freedom of Expression clause excludes violence, threats of violence, and 'Hate Speech' - I won't, because it is irrelevant.
Every news article on the subject has a comment thread that goes on and on about how 'Free Speech' has been stifled. While I could write a whole article about how our Freedom of Expression clause excludes violence, threats of violence, and 'Hate Speech' - I won't, because it is irrelevant.
DISCLAIMER: I am not a Solicitor, nor do I have access to all the facts pertaining to this matter. I am a layperson forming an opinion based on publicly available information gathered online.
Inadmissibility
In the Immigrant and Refugee Protection Act (hereafter IRPA) at 36(1)(c), a foreign national would be inadmissible on grounds of serious criminality for;
"committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years."
36(2)(c) uses mostly the same wording, but it's 'criminality' instead of 'serious criminality', drops the length of the prison term, and adds that it has to be an 'indictable' offence in Canada (which means a trial by Jury - instead of a summary judgement which means the Judge decides)
Note here that it says 'committing' not 'convicted' (Interestingly the 'b' portion of both of these says 'convicted' - so I don't really understand why they need to include both, since I'm pretty sure a conviction means that they've been proven to have committed it...)
Based on this, it may not even matter if charges were dropped. If its on your record - you committed it.
While this information could be used to bring up the 'disturbance of the peace' charges that were dropped - for now we'll assume this is irrelevant (because there's another 'smoking gun' that I'm leading up to.)
Seriousness based on Canada's Jurisdiction
What the act is saying here is that if you commit a crime in a country that is not Canada that is a crime both where you committed it and in Canada, then we look at the severity as if it had been committed in Canada.
This is important! That's why people in the United States with 'Driving under the Influence' records (which is a really, really minor crime in the United States) are usually barred from entering Canada, because it is an indictable offence, even if no one was injured
While the prosecutor does have the option of filing it as a summary offence - the IRPA makes it clear that if it could be processed as indictable offence then its treated as such for Inadmissibility purposes;
32(3)(a) an offence that may be prosecuted either summarily or by way of indictment is deemed to be an indictable offence, even if it has been prosecuted summarily;
Convicted of Fraud
Okay! Now stuff that's relevant to Terry Jones! Nearly every article on the matter mentions the 'fine' that he paid in Germany. What they all fail to mention is that this 'fine' was actually a fraud conviction, for using the credentials "Doctor" without a) being a lawyer (a requirement in Germany) and b) having a degree from a school without accreditation.
Whoops! While we can ignore the fact that he's not a Lawyer, you still you need a degree from an accredited school to call yourself a "Doctor" in Canada as well (and in Ontario, there's only a handful of careers that are allowed to as well, but the IRPA requires an 'Act of Parliament' - basically Federal legislature, not provincial - so we can ignore that.)
Canadian penalty for Fraud
Okay, so calling yourself a Doctor without the proper paperwork is also fraud. The only thing that's unclear is the *amount* of fraud. I will cover both, and explain why the amount doesn't matter.
http://laws-lois.justice.gc.ca/eng/acts/C-46/page-180.html#h-105
Definition of Fraud in the Canadian Criminal Code;
Conclusion
So regardless of the actual monetary value acquired from the fraud (even if it was nothing), fraud makes you inadmissible to enter Canada. Germany actually let him off easy with a fine - if this had been done in Canada the minimum sentence is 2 years in prison.
So ignore the 'Canada oppresses free speech' and the 'but the disturbance of the peace charges were dropped'. It is quite clear from the publicly available records that the fraud conviction in Germany prevents him from entering Canada. (I also didn't get into the failure to pay the $1 peace bond - which is a criminal offence - I have just been unable to find out weather or not that's an indictable offence in Canada - so I covered what I could find.)
Re-Disclaimer: In case you missed it above - I'm not a Solicitor! This is a layman's opinion formed from information gathered from public sources, and may be inaccurate based on factors unknown to me.
http://laws-lois.justice.gc.ca/eng/acts/C-46/page-180.html#h-105
Definition of Fraud in the Canadian Criminal Code;
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,Okay, so it's fraud even if he makes no money.
(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;If the amount is greater than $5000, the penalty is 10 years and it's an indictable offence (which satisfies either 36(1) or 36(2) of the Inadmissibility criteria in the IRPA.
(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.If it's less than $5000 it can be done as a summary conviction or an indictable conviction (depending on the prosecution's decision and plea-bargaining etc) We've already covered above how it an offence could be prosecuted as summary conviction or an indictable conviction then it's considered an indictable crime - which means is meets 36(2).
Conclusion
So regardless of the actual monetary value acquired from the fraud (even if it was nothing), fraud makes you inadmissible to enter Canada. Germany actually let him off easy with a fine - if this had been done in Canada the minimum sentence is 2 years in prison.
So ignore the 'Canada oppresses free speech' and the 'but the disturbance of the peace charges were dropped'. It is quite clear from the publicly available records that the fraud conviction in Germany prevents him from entering Canada. (I also didn't get into the failure to pay the $1 peace bond - which is a criminal offence - I have just been unable to find out weather or not that's an indictable offence in Canada - so I covered what I could find.)
Re-Disclaimer: In case you missed it above - I'm not a Solicitor! This is a layman's opinion formed from information gathered from public sources, and may be inaccurate based on factors unknown to me.