Refugee claimants take Safe Third Country Agreement appeal to Supreme Court

OTTAWA — Refugee claimants and their advocates are asking the Supreme Court of Canada to review a decision that affirmed the constitutionality of a key pact between Ottawa and Washington on asylum seekers

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In a submission to the high court, they say the case raises "foundational questions of constitutional law" concerning access to remedies for violations of the Charter of Rights and Freedoms.

Under the Safe Third Country Agreement, which took effect in 2004, Canada and the United States recognize each other as safe places to seek protection.

It means Canada can turn back potential refugees who arrive at land ports of entry along the Canada-U.S. border on the basis they must pursue their claims in the U.S., the country where they first arrived.

Canadian refugee advocates have vigorously fought the asylum agreement, arguing the U.S. is not always a safe country for people fleeing persecution.

Several refugee claimants took the case to court along with the Canadian Council for Refugees, the Canadian Council of Churches and Amnesty International, who participated in the proceedings as public interest parties.

In each case, the applicants, who are citizens of El Salvador, Ethiopia and Syria, arrived at a Canadian land entry port from the U.S. and sought refugee protection.

They argued in court that by returning ineligible refugee claimants to the U.S., Canada exposes them to risks in the form of detention and other rights violations.

In her decision last year, Federal Court Justice Ann Marie McDonald concluded the Safe Third Country Agreement results in ineligible claimants being imprisoned by U.S. authorities.

Detention and the consequences flowing from it are "inconsistent with the spirit and objective" of the refugee agreement and amount to a violation of the rights guaranteed by Section 7 of the charter, she wrote.

"The evidence clearly demonstrates that those returned to the U.S. by Canadian officials are detained as a penalty."

However, the Federal Court of Appeal overturned the decision earlier this year.

"The alleged constitutional defect in this case stems from how administrators and officials are operating the legislative scheme, not the legislative scheme itself," the appeal court said.

"But because the claimants chose not to attack any administrative conduct, we have neither the ability nor the evidence before us to assess it."

The appeal court also found the legislative regime consistent with the charter unless the treatment experienced by those sent back to the U.S. could be shown to “shock the conscience."

In their application to the Supreme Court, the claimants and their advocates say the effect of the decision is to insulate the Safe Third Country regime from constitutional review "and to erect major obstacles to constitutional scrutiny of federal legislation generally."

Federal lawyers have yet to respond to the application for a Supreme Court hearing. The high court is expected to decide in coming weeks whether to hear the case.

This report by The Canadian Press was first published Sept. 15, 2021.

Jim Bronskill, The Canadian Press

New Canada-U.S. Agreement Will Only Assist Afghan Refugees Who Qualify

Canada and the United States have struck an agreement to allow U.S.-assisted Afghan evacuees currently living in a third country to enter Canada if they meet certain asylum requirements, Immigration, Refugees, and Citizenship Canada (IRCC) has announced.

Canada will welcome up to 5,000 refugees whose evacuations were facilitated by the U.S. The agreement is part of Canada’s commitment to welcome 20,000 Afghan refugees in the wake of the Taliban’s takeover of that country.

According to IRCC’s announcement, this collaboration will help reduce current pressures in the global resettlement system, facilitating and accelerating wider international efforts to support Afghan refugees and to welcome them to Canada.

Refugees must meet all eligibility and admissibility requirements, including entering Canada from countries where they have been temporarily located after fleeing Afghanistan.

The agreement comes amidst growing demands to make the plight of Afghan citizens an issue in the federal election campaign following the end of Canada’s evacuation mission.

Many have criticized the federal government for its evacuation operation in Afghanistan starting too late, leaving many vulnerable Afghans behind.

The announcement is welcome news to Farzana, who’s asked to be only identified by her first name because she fears she could be in danger. She is a 21-year-old Afghan national who flew out of Afghanistan on U.S. flights.

“My mother worked for a military family in Afghanistan. She asked them to take me out of Afghanistan with them. I flew to Qatar and then to Germany,” she told New Canadian Media.

Farzana, who was studying Pharmacology in Afghanistan when the Taliban took over, explained her situation to the IRCC via email, hoping to receive refuge in Canada. She has not heard from the government as of the time of writing.

Although Canada has announced this agreement which could potentially help people like Farzana, she has no hope of receiving a response because of what she describes as a deluge of emails from Afghan nationals in similar situations to IRCC.

Farzana told NCM that upon arriving in Germany, the people who had helped her get out of Afghanistan could no longer accompany her.

As of time of writing, Farzana is on her own in Germany, waiting for a visa from the U.S. or Canada.

“I want to be reunited with my parents and two younger sisters. I don’t want my mother to work in people’s houses anymore,” she said.

Canada and the U.S. have a long record of cooperation in border and immigration affairs.

The Canada-U.S. Safe Third Country Agreement (STCA), for example, requires refugee claimants to seek refugee protection in the first safe country they arrive in unless they qualify for an exception.

According to the federal government, the Agreement helps both countries better manage access to the refugee system in each country for people crossing the Canada–U.S. land border.

But many migrant rights advocates have come out against it, arguing it gives Canadian and American governments too much control over the outcome of refugee applications, thus increasing the rate of denials and deportations.

Generally, not all asylum seekers succeed in obtaining refugee status in the first country they enter — for various reasons including errors or unfairness that occur in a country’s assessment of the asylum claimant. As a result, they would pass through a few countries and make a claim in each of them.

The Canadian and American governments have argued that is not an efficient way to receive and evaluate claims since both countries have very similar legal systems. The STCA therefore limits asylum seekers to making one claim in the first safe country in which they arrive.

As a result, most people who come to Canada via the U.S. are prevented from claiming asylum in this country.

There are some exceptions to this which includes unaccompanied minors, having family members like a spouse or parent who’s already a citizen or permanent resident, having a valid work or study permit, and public interest reasons such as facing the possibility of a death sentence in the U.S.

“The court decided that the STCA would cease to have effect in January 2021. However, this deadline was extended by the Federal Court of Appeal, pending an appeal by the federal government.”

The Agreement between Canada and the U.S. for the Sharing of Visa and Immigration Information also lays out mutual obligations for the sharing of relevant biographic and biometric-based information through automated processes to assist in the effective administration and enforcement of each country’s respective immigration laws.

Although Canada has promised to resettle some 20,000 Afghan refugees, it has transported or facilitated the transport of 3,700 so far, including Canadian citizens, their family members, citizens of allied countries, people with a lasting connection to Canada, and Afghan nationals at risk accepted for resettlement in Canada or by its allies.

Zahra Mahdi, Local Journalism Initiative Reporter, New Canadian Media

Federal parties fuzzy on offshore future as scientists call for end to extraction


HALIFAX — As prominent climate scientists argue that new offshore oil and gas extraction must end off Canada's East Coast, the three main political parties either support continued development or are unclear on precisely what they would change.

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Andrew MacDougall, a professor at St. Francis Xavier University who contributed to the most recent Intergovernmental Panel on Climate Change — or IPCC — report, says if Canada is to meet its international commitments to keep temperature rise within safe limits, the age of offshore fossil fuels will have to wind down.

"If the government is serious about Canada's commitment (in the Paris agreement) to help reach the 1.5 or 2 degrees Celsius target, there is no further need for oil and gas development," he said in an interview from his office in Antigonish, N.S., on Monday. "All of the fossil fuels that are necessary for transition have already been found."

The 2015 Paris agreement committed signatories to cutting carbon emissions to levels that would limit warming to 2 degrees Celsius, and preferably 1.5 degrees, above pre-industrial times by the end of this century. Scientists have concluded in IPCC reports that if emissions goals aren't met, more frequent and worse heat waves, droughts, mass migrations and flood-inducing downpours can be expected.

MacDougall said climate modelling indicates the winding down of offshore oil and gas must begin in the mandate of the next federal government: "This is the decade where Canada's emissions really need to come down ....They've stabilized, but they have to start dropping if we have any hope of making 2050 targets (of net zero carbon emissions.)"

Similarly, climate researcher John England, professor emeritus at the University of Alberta, said the time has come to "bite the bullet."

England said in a telephone interview on Monday he understands that the oil and gas industry faces a difficult future, but if the region doesn't begin a shift toward other offshore energy industries, it may fall behind nations that are focusing on developing renewable energy.

"To promote new wells is not the answer," he said.

Raymond S. Bradley, a professor at the climate system research centre at the University of Massachusetts, said in a phone interview, "there definitely should not be further developments. The priority, he said, is "to reduce our dependence on oil and gas as fast as possible, and the notion we need to do more exploration flies in the face of that."

On the campaign trail, only the Green Party has stated explicitly it believes the offshore industry must end in the next government's mandate.

The Liberal party acknowledges that overall emissions for the oil and gas sector must go down and said in an email Tuesday that if re-elected they would cap emissions and ensure they decline "at the pace and scale needed to get to net-zero by 2050, with five-year milestones along the way."

Asked about the offshore industry Wednesday, New Democrat Party Leader Jagmeet Singh said his party would end fossil fuel subsidies, but he didn't specify his party's position on ending new developments.

"We would prioritize investing in renewable energy, prioritize training workers and supporting workers for the jobs of today and tomorrow. We would use those same skills in retrofitting abandoned oil wells, in converting them into geothermal energy production," he said during a campaign stop in Essex, Ont.

"We are a workers’ party that is committed to fighting the climate crisis, and to do that we need to make sure workers are part of the solution.”

The Conservatives said in an email Tuesday the party is committed to supporting Newfoundland and Labrador's offshore oil industry by investing $1.5 billion in an "offshore rebound fund to spur the continued growth of the offshore oil industry, creating jobs in a sector that is critical to the province's future."

The party says that over time it sees a "lower carbon future" but adds, "we should make sure that democratic countries use Canadian resources and not resources from Saudi Arabia or Venezuela or Russia."

Supporters of the offshore oil and gas industry in Atlantic Canada have argued that the fossil fuels produced from the underneath the Atlantic produce fewer carbon emissions per barrel than other oil producers around the world, including Alberta's oilsands.

However, the climate scientists interviewed said the relevant comparison for carbon emissions are with renewable energies like hydro, solar or wind power, and the differences among various crude oils and natural gas are minor in comparison.

Bradley, who has studied the impact of global warming on the Canadian Arctic, said the argument for less polluting forms of hydrocarbons "doesn't make sense" when there are existing alternatives.

The scientists acknowledge there would a significant economic impact from ending new developments offshore but argue that the next government can create transition programs to new industries and set up major retraining efforts.

The offshore industry is particularly critical in Newfoundland and Labrador, where the provincial government says the oil and gas and related services industries accounted for 20.6% of nominal GDP in 2019 and about two per cent of the province’s total employment.

"When an industry gets shut down, it's hard on people and families. And there needs to be a transition to other fields, such as offshore wind or other renewable resources that will hopefully make up a major portion of the future energy supply," MacDougall said.

Whoever is elected prime minister Monday will soon be joining nations at international climate negotiations in Scotland in November, where world leaders will face pressure to cut carbon pollution.

According to the most recent IPCC report, tropical cyclones are getting stronger and wetter, while Arctic sea ice is dwindling in the summer and permafrost is thawing. In addition, the kind of heat wave that used to happen only once every 50 years now happens once a decade. The IPCC reports are summaries of the latest climate science, modelling and projections created to advise national leaders.

This report by The Canadian Press was first published Sept. 15, 2021.

Michael Tutton, The Canadian Press

Critics say federal Conservatives dodging questions on coal mining in Alberta Rockies


EDMONTON — The Conservative Party of Canada is not saying if an Erin O'Toole-led government would keep measures supported by the two other main parties that would increase scrutiny of open-pit coal mine proposals in Alberta's Rocky Mountains.

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"(The Conservative platform) ensures that we will meet our environmental and climate targets while ensuring we get Canadians back to work in every region and in every sector," said an email from party spokesman Mathew Clancy.

He was responding to questions from The Canadian Press about whether victorious Conservatives would keep measures announced under the previous Liberal government on coal mining — a hot topic in Alberta.

Those measures include promises of federal involvement in future environmental assessments of such projects and a warning that new thermal coal mines don't fit with Canada's climate-change goals. The Liberals flatly turned down one such proposal — Riversdale Resources’ Grassy Mountain mine — saying it would cause unacceptable environmental impacts.

A spokesman for the New Democrats said his party supports those positions.

Clancy's response for the Conservatives doesn't address them. The words "coal" or "mining" also do not appear.

"We have a detailed plan to show leadership on environmental, social and governance (issues) and we support an assessment process that upholds best-in-class environmental standards and sets clear expectations and timelines for environmental reviews," he wrote.

Alberta has been riven by the possibility of more coal mines in its beloved mountains and foothills since its United Conservative government revoked a 1976 policy that protected them. Those landscapes are favourite recreation destinations, as well as the source of most of the province's drinking water.

A public outcry against coal mines forced the province to restore protections and strike a committee to hear from Albertans before making further moves.

The federal Conservative response does nothing to address those deeply held concerns, said Craig Snodgrass, mayor of High River, a foothills community that has opposed mining.

"There's zero comfort in that statement," he said. "When you make a statement like that, and you make it that grey and you won't take a stance on this stuff, we know exactly what you're up to."

The statement suggests that a Conservative government would be reluctant to use federal powers for environmental protection, said University of Calgary law professor Martin Olszynski.

"It's very clear that the Conservatives would essentially leave the issue to the province," he said. "Federal government involvement in mining has been an additional safeguard and has provided Canadians and Albertans with that additional security."

Olszynski notes the Conservative platform also proposes to rewrite Canada's environmental impact legislation.

Bobbi Lambright, spokeswoman for a foothills landowners group, said her organization sees federal involvement in coal mine assessment as a way to ensure projects are thoroughly evaluated.

"Our membership very much wants assurance that the gains that have been made with respect to protecting the eastern slopes (of the Rockies) are not lost as a result of the federal election," she said.

She criticized the Conservative response to the questions on coal mining.

"These are exactly the questions that many people in Alberta want answered," she said. "They didn't answer them."

The Canadian Press also reached out to John Barlow, the Conservative candidate for the Foothills riding, which covers much of the area that has been leased for coal exploration. He did not respond.

Snodgrass said Ottawa has a legitimate role in environmental issues and that any party that wants to govern should lay out how it would exercise it.

"They say it's a provincial issue, but we all know it's not. We all know these projects land in the hand of the federal government.

"The Conservative Party of Canada wanting to be the government but not taking a stand on (this issue) has red flags flying all over the place."

This report by The Canadian Press was first published Sept. 16, 2021.

Bob Weber, The Canadian Press

Canada: Alberta healthcare system on verge of collapse as Covid cases and antivax sentiments rise

Leyland Cecco in Toronto

THE GUARDIAN
Wed, 15 September 2021, 



A surge in coronavirus cases has pushed the healthcare system in the Canadian province of Alberta to the verge of collapse, as healthcare workers struggle against mounting exhaustion and a growing anti-vaccine movement in the region.

The province warned this week that its ICU capacity was strained, with more people requiring intensive care than any other point during the pandemic – nearly all of them unvaccinated.

“It’s not easy to go to work everyday and watch people in their 30s die,” an ICU nurse in Edmonton told the Guardian. “Having to help a family say goodbye and then going through the actions that are required at the end of someone’s life, is worse than anyone can imagine.”

Alberta has long boasted of its loose coronavirus restrictions – including advertising the previous months as the “best summer ever” as it rolled back those few restrictions. It has also been the site of North America’s highest caseloads.

Related: ‘Are we in trouble? Absolutely’: Alberta battles worst Covid rate in North America

In a province with a long history of skepticism towards government, the pandemic has become fertile ground for protests and anti-vaccine rhetoric, including from elected officials, firefighters and police officers. During the ongoing federal election, the People’s Party of Canada, a fringe rightwing party that has come out against public health measures has seen its largest support base in rural Alberta.

That skepticism towards masks and vaccines has come at a steep cost, say frontline workers.

On Monday, more than 60 infectious-disease doctors wrote a letter to premier Jason Kenney, warning of a catastrophic outcome if the province didn’t address the escalating caseload.

“Our healthcare system is truly on the precipice of collapse,” the physicians wrote. “Hospitals and ICUs across the province are under enormous strain and have reached a point where it is unclear if, or for how much longer, we can provide safe care for Albertans.”

The province has cancelled elective surgeries as resources and space are allocated to Covid patients. ICU beds, meanwhile, are at capacity.

“As soon as those breathing tubes come out, we’re kicking people out of ICU to make space for someone else,” said another nurse. “It’s getting bleak. It’s hard to watch.”

Medical staff in Edmonton, the provincial capital, warned they would soon have to triage incoming patients to determine who could receive lifesaving care.

Kenney, who hasn’t made any public appearances in weeks, held emergency meetings with senior government officials on Tuesday. The province announced a proof-of-vaccine card, with plans to release a QR code in the coming weeks.

Nearly 79% of eligible Albertans over the age of 12 have received at least one dose of vaccine, and 71% of eligible residents are fully vaccinated – one of the lowest rates in the country. An average of 78% of eligible Canadians are fully vaccinated.

While these rates dwarf those in the United States, the relentless spread of the Delta variant highlights how catastrophic outbreaks can occur if even a tiny fraction of the population resist public health measures.

According to the province’s chief medical officer of health, roughly 90% of people in the ICUs are unvaccinated or partly vaccinated.

“No one can ever understand what it’s like to have a Zoom call with a family member whose patient is dying. No one will ever understand that,” said a third nurse. “That is the most awful thing I’ve ever done. And I think we’re all shifting a bit from this very intense sadness to this anger – because this really does feel preventable.”

Joe Vipond, an emergency room doctor in Calgary and vocal critic of the government, called the latest surge the “intentionally cruel” wave.

“This was always part of the plan – letting younger, low-risk people get infected to build herd immunity. I just think they didn’t realize how much illness would result from it.”

He says mounting pressure from a voter base skeptical of public health restrictions led officials to declare Alberta “open for summer” on 1 July and removed many of the mitigation measures they had in place. The government also said it would no longer require people testing positive for Covid-19 to isolate – a plan it quickly scrapped.

“The vast majority of Albertans are good citizens that believe in collective action, that believe in governments. Unfortunately, the political base of the ruling party cannot be described like that,” he said.

One nurse pointed to the bitter irony that those most skeptical of public health measures are those most affected by the current wave.

“All these decisions from the government are clearly to satisfy their voter base,” she said. “But what a lack of insight to see that it’s their base that’s dying and causing us to resort to battlefield medicine.”

In recent weeks, a number of anti-vaccine protests have been held across the country, including out front of hospitals in Calgary and Edmonton, compounding the exhaustion and frustration of frontline healthcare workers.

“I don’t have the energy to make sense of it anymore,” said the nurse. “I’m barely functioning as it is, because we’re pouring from the cup that has a hole. We never get to fill it.”

Instead, nurses say they’re left pleading with a narrow minority of the public that increasingly is ending up in the hospital.

“We’re just asking for them to trust us one more time – we need them to so our entire healthcare system doesn’t collapse,” she said. “And I worry – because I don’t know how to reach those people.”

Vaccine passports brought in as Alberta declares state of public-health emergency

Alberta has brought in a slew of new restrictive health measures, some of which are set to go into effect tomorrow, including limits to indoor social gatherings and capacity limits on businesses, amid concerns the province could run out of ICU staff and beds in the next 10 days.

MOE, LARRY, CURLY, AND SHEP THE THREE STOOGES
On Wednesday Alberta Premier Jason Kenney, Minister of Health Tyler Shandro, Chief Medical Officer of Health Dr. Deena Hinshaw, and Dr. Verna Yiu, president and CEO of Alberta Health Services, announced the provincial health care system is in the worst position it has been in since the pandemic began.

"We are facing an emergency that requires immediate action,” Kenney said.

The province has declared a state of public health emergency, as intensive care unit patients have hit a record high for the province. On Tuesday the province reached 270 ICU patients, a 29-per-cent increase in the last seven days, which is 156 per cent of the normal health-care capacity.

Alberta will be reaching out to other provinces to see if they have any additional ICU spaces and asking for skilled front-line health workers to come to Alberta to help add critical-care capacity.

"Recent trends show we are exceeding that high-end projection [of hospitalizations] and that we may run out of staff and intensive care beds within the next 10 days," Kenney said.

To deal with the crisis, Kenney will be implementing dozens of new restrictions on both the vaccinated and unvaccinated, with a vaccine passport exemption system for some businesses to work around the new rules.

Kenney apologized to the province for the move toward an endemic approach rather than a pandemic approach, which he said he believed was the right thing to do because of the data from other jurisdictions.

"It is now clear that we were wrong, and for that I apologize," Kenney said, though he said he does not apologize for lifting public-health restrictions through the summer.

"I do apologize for predicting we could be open for good, when clearly the Delta variant and behaviour pattern we are now seeing are posing a threat to the health-care system."

The premier has reluctantly implemented a vaccine passport system, even though he had previously said he would not bring the system into the province, because he said he was left with no choice.

“The government’s first obligation must be to avoid large numbers of preventable deaths. We must deal with the reality that we are facing. We cannot wish it away,” Kenney said.

“Morally, ethically, and legally, the protection of life must be our paramount concern.”

The move came after several days of the UCP caucus meeting to finalize the new slate of restrictions.

In Alberta, some 79 per cent of people over the age of 12 have received at least one dose of the vaccine, compared to 84 per cent across Canada. Some 71 per cent of Albertans have received both doses of the vaccine, while across Canada the number sits at 77 per cent.

On Thursday starting at 12:01 a.m. private social indoor gatherings will be restricted for fully vaccinated residents to those of the same household and one other household, up to a maximum of 10 people, with no restrictions for those under age 12.

Albertans who are unvaccinated and over the age of 12 are prohibited from attending any indoor social gatherings.

Outdoor private social gatherings are permitted to a maximum of 200 people, with two-metre physical distancing maintained at all times.

Mandatory work-from-home measures will be in place unless the employer has determined a physical presence is required for operational effectiveness.

Schools will move to mandatory masking for students in Grades 4 and up, plus staff and teachers in all grades. Schools that can implement an alternate COVID-19 safety plan can be exempted from mandatory masking. Elementary schools will be moving to class cohorting.

For physical activities in schools, youth aged 18 and under are not required to mask or maintain two-metre distance when engaged in physical activity and there are no restrictions for outdoor activities.

Indoor sports and performance is permitted with two-metre physical distancing, when possible.

Places of worship will be limited to one-third fire code capacity, with mandatory face masks and physical distancing between households or with two close contacts for those living alone.

Restaurants will be limited to outdoor dining, with a maximum of six people per table from one household, or two close contacts for those living alone, unless they implement a vaccine passport system, which would exempt them from the rules.

Liquor sales and consumption must be wrapped up at 10 p.m. and 11 p.m., respectfully.

Weddings and funerals will have all indoor ceremonies capped at 50 attendees, or 50 per cent of the fire code capacity, whichever is less. No indoor receptions are permitted unless the host facility implements the vaccine passport restriction exemption program.

All outdoor ceremonies and services for weddings and funerals must be limited to 200 guests and must follow the liquor sales and consumption restrictions although the facility can apply for the vaccine passport restriction exemption program.

Retail, entertainment, and recreation facilities will have attendance limited to one-third fire code capacity and attendees are only permitted to attend with their household or two close contacts for those living alone. Attendees must be masked and have two-metre physical distancing between households. The facilities can implement the vaccine passport restriction program.

Adult sport, fitness, performance, and recreation will have indoor activities limited, with no indoor group classes or activities permitted. One-on-one training or individual workouts are permitted but three-metre physical distancing is required, no contact between players, and indoor competitions are paused (except where vaccine exemptions have been granted). These facilities and programs are eligible to implement the Restrictions Exemption Program.

There are no restrictions on outdoor activities.

As of Sept. 20, vaccine-eligible individuals will be required to provide government-issued proof of immunization, or a negative privately paid COVID-19 test from within the previous 72 hours to access a variety of participating social, recreational, and discretionary events and businesses throughout the province.

To enter certain spaces that are participating in the program, including restaurants, bars, and indoor organized events, people aged 12 and older will be required to show their proof of vaccination or a negative recent test result.

Businesses could immediately and without restriction serve any individual eligible for vaccination who has proof of double vaccination, has documentation of a medical exemption, or has proof of a recent negative COVID-19 test. Children under the age of 12 would not need to provide proof of vaccination or a negative test result.

On Wednesday, the province identified 1,609 new COVID-19 cases in the last 24 hours after 15,831 tests with a positivity rate of 10.5 per cent.

There are currently 877 Albertans in the hospital with COVID-19 with 218 of those being treated in intensive care.

There are 18,421 active cases in the province.

Another 24 deaths have been reported in the last 24 hours, bringing the death toll up to 2,495

Jennifer Henderson, Local Journalism Initiative Reporter, St. Albert Gazette

MY FEDERAL CANDIDATE

NDP Candidate Blake Desjarlais wants to uplift Indigenous voices

(ANNews) – Edmonton-Griesbach federal NDP candidate Blake Desjarlais says his Metis heritage and understanding of systemic racism had a major impact on his political journey.

“Canadians take for granted the tremendous wealth, privileges and rights that we have in Canada, but the reality is not everyone enjoys them,” Desjarlais told the Alberta Native News.

“That’s what began my journey in politics — understanding why some people had them and some people didn’t, why the towns and cities had cleaning drinking water, and the reserves and Metis Settlements didn’t, (and) why the unemployment rate was so disproportionately high in Indigenous communities.

“These are things you can’t ignore.”

Desjarlais was born and raised on the Fishing Lake Metis Settlement, which is 300 km northeast of Edmonton, bordering Frog Lake First Nation. His father, who died when Desjarlais was 12, was a carpenter who built homes across the province.

He came to Edmonton when he was 17 to study at MacEwan University. “It was just one hell of a time there. I left largely due to racism against Indigenous people,” said Desjarlais, who wanted to study architecture, influenced by his father, as well as famed Indigenous architect Douglas Cardinal, who designed the Canadian Museum of History in Ottawa.

While post-secondaries talk a big game when it comes to recruiting Indigenous students and helping them advance their careers, they don’t have the support systems in place for many of them to succeed, he says.

Once he reflected on the history of Confederation and how an overseas empire imposed its will on Indigenous peoples through the Indian Act, he understood that his experiences were the result of deeply-embedded racism throughout Canadian institutions.

Desjarlais says that he’s running for the NDP because of his frustrations working with the federal Liberal government over the past six years in his role as the national director for the Metis Settlements General Council.

“It’s difficult right now,” he said. “I’ve heard from so many Indigenous leaders across the country, who are stuck in this position where they feel as if they must get these alliances (with) the Liberal government in order to advance issues related to their communities.”

This reality was recently displayed when NDP leader Jagmeet Singh hosted an event with the Assembly of Manitoba Chiefs Grand Chief Arlen Dumas and Manitoba Keewatinowi Okimakanak (MKO) Grand Chief Garrison Settee in Churchill, Man., who endorsed the Liberal candidate running against NDP MP Niki Ashton.

“Working with the Liberals, it’s just so slow. There’s a lot of talk but there’s very little action,” says Desjarlais. “The reality is Indigenous people can’t wait. We’ve been waiting 150 years for our constitutional rights to be respected.”

Desjarlais is running against Conservative incumbent Kerry Diotte in the September 20 election, who was re-elected in 2019 with 51 per cent of the vote.

NDP MLA Janis Irwin ran federally against Diotte in 2015, losing by just under 3,000 votes, or six percentage points.

While many see the Alberta NDP and federal NDP at odds over the former’s support for the oil and gas industry, Desjarlais says he’s gotten a lot of support from the provincial party, particularly from Irwin and the other two MLAs whose ridings overlap with Griesbach — David Eggen and Chris Nielsen.

Desjarlais calls himself the “exact opposite of who Kerry Diotte is and what he represents,” blasting Diotte for voting against banning conversion therapy for LGBTQ people as a major example.

With almost 10% of Edmonton-Griesbach’s population being Indigenous, he says they can play a major role in flipping the riding from blue to orange.

Desjarlais says electing more Indigenous people to office will have a positive impact, regardless of which party they represent.

“That’s what’s at stake here — making sure Indigenous perspectives are uplifted and we share our learning with the world. We have so much to teach and so much to say as Indigenous people through our experience that has been largely rejected, hidden and ignored,” says Desjarlais.

“This is the time right now — 2021 — where we’re going to turn a new leaf. Let’s show the world what Indigenous people can do.”

Jeremy Appel, Local Journalism Initiative Reporter, Alberta Native News

Suncor partners with indigenous communities to buy stake in Northern Courier Pipeline

(Reuters) - Canada's Suncor Energy said on Thursday it had partnered with eight indigenous communities to buy all of TC Energy Corp's 15% stake in the Northern Courier Pipeline Limited Partnership.

Suncor Energy facility is seen in Sherwood Park, Alberta

Suncor, three First Nations and five Métis communities will own a 15% stake in this pipeline asset with a value of about C$1.3 billion. ($1.03 billion).

Oil and gas companies have been increasingly partnering with Canada's First Nations on projects as they play a pivotal role in Canada's oil industry. Governments and companies have a legal duty to consult and accommodate First Nations before proceeding with resource projects affecting their territories.

However, some indigenous groups oppose such partnerships and deals.

The partnership is expected to generate gross revenues of about C$16 million annually for its partners and provide reliable income, Suncor said in a statement.

The indigenous communities' participation in the deal is funded through a non-recourse financing that is supported by a loan guarantee of up to C$40 million from the Alberta Indigenous Opportunities Corp.

The Northern Courier Pipeline asset consists of two 90-kilometre pipelines that transport bitumen and diesel or crude from Fort Hills in Alberta's Athabasca region to a storage, blending and cooling facility located about 30 kilometers north of Fort McMurray, Alberta.

($1 = 1.2635 Canadian dollars)

(Reporting by Arunima Kumar in Bengaluru; Editing by Amy Caren Daniel)

TC Energy sells remaining 15 per cent stake in Northern Courier Pipeline


CALGARY — TC Energy Corp. says it has signed a deal to sell its remaining 15 per cent stake in the Northern Courier Pipeline to a partnership including Suncor Energy Inc. and eight Indigenous communities.

Financial terms of the agreement were not immediately available.

The Astisiy Limited Partnership includes the Athabasca Chipewyan First Nation, Chipewyan Prairie First Nation, Conklin Métis Local #193, Fort Chipewyan Métis Local #125, Fort McKay Métis Nation, McMurray Métis, Fort McMurray #468 First Nation, Willow Lake Métis Nation and Suncor.

The sale is expected to close in the fourth quarter, subject to customary closing conditions and required regulatory approvals.

The Northern Courier Pipeline is 90 kilometres and carries bitumen and diluent between the Fort Hills oilsands mine and Suncor's terminal north of Fort McMurray, Alta.

TC Energy sold an 85 per cent stake in the pipeline to Alberta Investment Management Corp. in 2019.

This report by The Canadian Press was first published Sept. 16, 2021.

Companies in this story: (TSX:TRP, TSX:SU)

The Canadian Press

Climate change cited as reason to deny injunction extension over logging in B.C.


NANAIMO, B.C. — Public concerns over climate change should play a large part in deciding whether a British Columbia forestry company is granted an extension to an injunction against protests over the logging of old-growth forests, a court heard Wednesday.

© Provided by The Canadian Press

The B.C. Supreme Court must weigh the importance to the environment that protecting old-growth trees plays in the Fairy Creek area of Vancouver Island as opposed to considering the economic interests of Teal Cedar Products Ltd., which has applied for a one-year extension to the injunction, lawyer Steven Kelliher said.

Almost 1,000 people have been arrested in the area north of Port Renfrew since May when the RCMP started to enforce an earlier B.C. Supreme Court injunction against blockades erected in several areas near logging sites.

"Could the public interest be more heavily engaged than (about) this issue before you today?" Kelliher asked. "It is a matter of considerable public interest."

Kelliher said he represents Victoria landscaper Robert (Saul) Arbess, who is opposed to the extension of the injunction on grounds that logging of old-growth trees in the Fairy Creek area harms the environment.

He said the battle to protect the old-growth forests of Fairy Creek is connected to the global fight against climate change.

The people of B.C. experienced the effects of climate change in recent months, with a deadly heat dome that produced record high temperatures, raging wildfires across much of the province and a fire that destroyed the community of Lytton, Kelliher said.

Old-growth forests, like the trees in Fairy Creek, store large amounts of harmful greenhouse gases, protect numerous species of plants and animals, and prevent floods and landslides, he added.

"This is the magnitude of issues that constitute the public interest in this case," said Kelliher. "These are interests of our life and safety today. Yes, laws have to be enforced but law enforcement is subject to other values."

Teal Cedar lawyer Dean Dalke told the court Tuesday the blockades are impeding the company's legal rights to harvest timber and alleged that the actions of protesters pose dangers to employees and the RCMP.

He asked the court to "restore law and order on southern Vancouver Island," where he said protests against logging have become more sophisticated and organized. Dalke argued "anarchy" will result if the extension is not granted.

The court also heard submissions Wednesday from lawyers representing six people opposed to the injunction extension. They argued the company and the RCMP have overstepped their authority at Fairy Creek.

"This is really about the rule of law and what kind of country we want to be as we move forward in the climate crisis," said lawyer Patrick Canning.

Canning, representing blockade supporters Kathleen Code, Carole Toothill and Indigenous elder Bill Jones, said Teal Cedar has hired tow truck operators to remove vehicles legally parked along public roads near the protest sites. The owners must pay $2,500 to retrieve their vehicles from an impound lot and are told they could be held liable in further court action, he said.

"We submit this is an experiment," said Canning. "It's happening under the cover of this court injunction."

The RCMP has applied to the court to extend search and access powers in the injunction area.

Lawyer Matthew Nefstead told the court he is representing three members of the protest group Rainforest Flying Squad, who oppose the injunction application on grounds that allege the RCMP's enforcement actions in exclusion zones are unlawful.

This report by The Canadian Press was first published Sept. 15, 2021.

Dirk Meissner, The Canadian Press

BC
Lheidli T’enneh First Nation has a simple message for Enbridge: Get out

Lheidli T’enneh First Nation (LTFN) elder Phyllis Seymour remembers hearing a loud explosion, watching a fireball across the field from her shaking house, and rushing door to door to evacuate her community as ash fell like “black petals.”

The scene was caused by a natural gas pipeline explosion less than a kilometre away from the nation’s reserve, and within its unceded territory, about 13 kilometres north of Prince George, B.C., on Oct. 9, 2018. The pipeline is owned by Calgary-headquartered fossil fuel giant Enbridge, which refers to the explosion as the Shelley incident because of its proximity to that community.

“Everybody was shouting and screaming and scared, but we didn't know what to do,” Seymour said at a press conference Tuesday.

“My granddaughter Emily (was) screaming and crying, the look in her eyes I will never forget,” she said. “When she saw me leaving and going back into the reserve to help members, she kept screaming at me, ‘Grandma, come back, come back, let's go,’ but I knew I had to go back to help our elders, (and) our membership (who) didn't have vehicles to get out to safety.

“My message to Enbridge is simple: We want that pipeline to be moved so our members can sleep better at night knowing they're going to be safe,” she said, calling the explosion traumatic to the community

On Tuesday, the LTFN sent letters to both B.C. Minister of Natural Resources Katrine Conroy and federal Minister of Crown-Indigenous Relations Carolyn Bennett calling on the two Crown governments to support its request to have Enbridge’s T-South pipeline routed off its reserve territory.

“To this day, the giant fireball, flying debris, shaking of buildings, and remnant burn crater weigh heavily on the minds of many members. It has left them living in fear due to their homes’ proximity to the Enbridge pipeline,” the letter reads.

As the three-year anniversary of the blast marches closer, LTFN Chief Dolleen Logan says she is tired of “being put on the back burner” by Enbridge.

“They have patience, but I've finally lost mine... We want this ended,” she said.

“I strongly believe that it's time Enbridge got with the reconciliation program and started treating our nation with respect.”

Enbridge says it values its relationship with the LTFN and is committed to strengthening that relationship, but the company did not answer questions about if it would comply with the nation’s request to reroute the pipeline off its reserve.

“Following the Shelley incident, we undertook a comprehensive pipeline integrity program on our natural gas pipeline system in B.C. to significantly improve pipeline safety,” the company told Canada’s National Observer.

“As always, we are happy to meet with the Lheidli T’enneh First Nation or any government agency to discuss the safety of the pipeline system or any other matter, including the small segments of pipeline that traverse their reserve.”

Aftermath of the Enbridge pipeline explosion on Oct. 9, 2018. Photo via Transportation Safety Board of Canada Investigation Report P18H0088

LTFN’s lawyer Malcolm Macpherson said the nation is pursuing a strategy of trying to compel the B.C. government to revoke Enbridge’s permits, citing public safety. It’s a strategy inspired by Michigan Gov. Gretchen Whitmer, who pulled Enbridge’s permit that allowed the Line 5 pipeline to cross under the Straits of Mackinac, which connects Lake Michigan to Lake Huron.

“Human life could've been lost on Oct. 9, 2018, and indeed, within two years of the explosion, a woman was killed in an Enbridge gas pipeline explosion in Kentucky,” Macpherson said.

Macpherson said the nation simply doesn’t trust Enbridge to operate the pipeline safely, and said, “It’s time for you to leave, and soon.

“If Enbridge continues to act with impunity, the reality is that it risks further erosion of its brand and social licence to operate in British Columbia,” he said.

Tk’emlúps te Secwépemc Chief Rosanne Casimir and Xatśūll Development Corporation (XDC) both wrote letters of support for LTFN. The XDC is a limited partnership between the Xatśūll First Nation and industry stakeholders, like Suncor, CIF Construction, and others.

“The XDC has had similar concerns and frustrations in dealing with Enbridge. The T-South line runs through the heart of Xatśūll reserve land and traditional territory,” wrote XDC CEO Howard Campbell.

“XDC is currently exploring legal options … regarding Enbridge’s seemingly lack of interest in hearing First Nation concerns and actual follow-through on items which are important to First Nation organizations and their people,” he added.

Conroy’s office confirmed it received the letter and said it was reviewing it, but called it a federally regulated pipeline.

Bennett did not return a request for comment by deadline.

John Woodside, Local Journalism Initiative Reporter, Canada's National Observer

ONTARIO

Parmalat Canada convicted of environmental violations in Winchester

WINCHESTER – One of the largest employers in North Dundas was convicted in August of multiple Environment Protection Act violations that stem from issues with its sewage treatment plant between 2017 and 2019.

Parmalat Canada, which owns the dairy products plant in Winchester, was convicted August 25 for three violations.

Two charges include discharging odours that caused an adverse effect, and the other for failing to comply with conditions of a ministry approval. The offences cover a period of nearly 32 months, and three events total.

Beginning in early 2017, the Ministry of Environment, Conservation and Parks received numerous odour complaints from residents. Often the smell was so strong that residents had to remain indoors with their windows closed, or were woken from their sleep by the foul smell. According to the ministry, some residents sought alternative sleeping accommodations to avoid the overwhelming spoiled milk and sewage smell.

Parmalat began using a new microfiltration system for processing milk, which increased wastewater production at the facility, surpassing the ministry approved operating limits for the company’s on-site sewage system. Wastewater at the facility is treated so it can be discharged into a nearby ditch.

The Ministry said that the increased flow and organic material in the sewage decreased the efficiency of the treatment plant, which created “septic conditions” and odour.

Complaints to the ministry continued into 2018 and 2019. Parmalat held a public meeting in 2018 to address resident concerns. The Ministry said that Parmalat made some attempts to lessen the smelly discharges from its plant but “the efforts were insufficient.”

The ECP’s Environmental Investigations and Enforcement branch investigated the many complaints and laid charges, which resulted in three convictions in August.

The Ministry acknowledged that Parmalat spent over $17 million to upgrade its wastewater treatment facility to address odour issues.

Parmalat was fined $510,000, and was given a short-term probation order requiring it to pay an additional $110,000 to Queen’s University to support research at the Beaty Water Research Centre.

Additionally, a victim fine surcharge of $127,500 was issued to Parmalat.

In a statement to The Leader, Lactalis Canada spokesperson Roopa Shah said that the company voluntarily pled guilty to the offences and accepted the associated fines.

“As part of our continued commitment and efforts in mitigating related odours and enhancing the wastewater treatment process, Lactalis Canada completed a three-year, $17.39 million Wastewater Treatment Modernization Project in 2020 to address these issues,” Shah said. “As a long-standing member of Winchester community, Lactalis Canada is proud of its deep ties to the region and places great importance on having a positive impact on the community and the safety and wellbeing of its members.”

Local resident Sue Clavet, who was one of the complainants to the ministry about the odour issues at the plant, said that she was okay with the fines but thought it was just a slap on the wrist for a company as big as Parmalat. Her concern with the conviction is the $110,000 to Queen’s University as part of the judgement.

“I thought they would have sent something to the residents of Winchester who had to put up with it, or donated that money to research here that’s local,” she said. “I was quite disappointed with that.”

Clavet said that since the company has made plant improvements, the smell has mostly disappeared.

“Over the last year it’s been minimal,” she said. “It’s really been a huge improvement.”

Parmalat Canada is a division of Lactalis Canada, which also operates dairy facilities in Ingleside, Belleville, and Montréal. Lactalis is part of Groupe Lactalis, the largest dairy products conglomerate in the world, and headquartered in France.

Phillip Blancher, Local Journalism Initiative Reporter, The Morrisburg Leader