Tuesday, November 30, 2021

Volunteers rescue massive sturgeon after it was stranded by receding B.C. flood waters

Shari Kulha

While rescuers and volunteers were working to exhaustion to restore order to farms and properties in the Fraser Valley, two members of a local fishing association were tirelessly hauling a massive white sturgeon in a sling through thigh-deep water, alternately portaging it over three stretches of dry land, to return it home. It had been swept out of the Fraser River and then stranded in a shallow pool of water as the flood receded

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© Provided by National Post A younger version of the B.C. white sturgeon saved in the Fraser Valley.

The fish measured two metres in length, had an 81-cm circumference and weighed 45 kilograms.

According to the CBC , the sturgeon was first seen by a helicopter crew flying near B.C.’s Herrling Island, between Hope and Agassiz, on Thursday. They sent video to the Fraser Valley Angling Guides Association , who then enlisted members Tyler Buck and Jay Gibson “on a catch-and-release mission like no other.”

Professional sturgeon guides, they had been in the area “doing debris collection and picking up garbage … when the call came in,” said Kevin Estrada, FVAGA director. “They were obviously very happy they could help out in any way.”

The duo helped not only the fish but, along with other members and organizations, had been lending assistance to the affected communities and the watershed by helping evacuate people, doing LifeLab deliveries, working as an emergency medical taxi service, as well as doing sandbagging and pump control.


This sturgeon was a young adult, at perhaps 25 years of age — they can grow to 3.5 metres and in good conditions can live 100 or more years. Sturgeon are among the world’s oldest marine species, with a fossil record going back 200 million years, and have kept many of their features largely unchanged. It has no scales and a body that appears bony, even though it is mostly made up of cartilege. They are bottom feeders, locating food by dragging four sensory barbels and sucking up small marine life from the riverbed. Their main habitat is in river deltas such as the Fraser’s but they are equally able to survive in saltwater.


The International Union for Conservation of Nature has declared 85 per cent of the 27 species of sturgeon at risk of extinction, due to habitat destruction, pollution and overfishing (mainly for its very valuable roe).



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NORML Issues Report Highlighting 2021 State Legislative Victories

State legislators in 2021 enacted over 50 laws liberalizing marijuana policies in more than 25 states, according to a report issued today by the National Organization of the Reform of Marijuana Laws (NORML).

“State lawmakers took unprecedented steps this year to repeal marijuana prohibition laws and to provide relief to those millions of Americans who have suffered as a result of them,” NORML’s Deputy Director Paul Armentano said.

Specifically, legislatures in five states — Connecticut, New Jersey, New Mexico, New York, and Virginia — enacted laws legalizing adult-use marijuana possession and regulating retail cannabis markets. These legislative victories mark a significant change from past years, when similar laws were primarily enacted via citizens’ initiatives, not by legislative action. In total, 18 states — comprising nearly one-half of the US population — now have laws on the books regulating adult use marijuana production and retail sales.

Many states also took actions facilitating the expungement or sealing of past marijuana convictions. Over the past several months, state officials have vacated an estimated 2.2 million marijuana convictions.

Numerous states in 2021 also enacted legislation expanding medical cannabis access and stimulating greater diversity among licensed marijuana businesses.

“As we approach the 2022 legislative session and the elections next November, it is important for lawmakers of all political persuasions to recognize that advocating for marijuana policy reforms is a political opportunity, not a political liability,” NORML’s Paul Armentano said. “These policies are popular among voters, regardless of political party.”

 

FULL REPORT

The Ineffectiveness of the Latest Omicron Travel Ban From the Perspective of Immigration Lawyers

By Cyrus Mehta on November 30, 2021

By Cyrus D. Mehta & Kaitlyn Box*

On November 26, 2021, President Biden issued a Presidential Proclamation entitled “A Proclamation on Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019” in response to a report made by the South African government to the World Health Organization (WHO) that a new B.1.1.529 (Omicron) variant of the virus that causes COVID-19 was detected in the country. Reports from the WHO indicate that certain characteristics of the Omicron variant, including an increased risk of reinfection, make it a particular cause for concern. The Proclamation bans many travelers who have been in South Africa or neighboring countries Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, and Zimbabwe in 14 days preceding their entry from coming into the United States. The administration has indicated that it could add additional countries to the list if needed.

Unlike the previous COVID-related travel ban for India that applied only to nonimmigrants, this Proclamation, like the omnibus Proclamation of January 25, 2020, bars nonimmigrants and immigrants alike from entering the United States. The ban appears to apply even to individuals who are fully vaccinated. President Biden’s most recent Proclamation does share one commonality with its predecessors, though – it exempts numerous categories of travelers from the restrictions, including U.S. citizens, LPRs, spouses of US citizens or permanent residents, parents of minor US citizens or permanent residents, and noncitizens whose entry would be in the national interest. Several other countries have issued similar restrictions on travel from South Africa and neighboring countries, including the European Union, Australia, Bahrain, Brazil, Canada, Egypt, Jordan, Saudi Arabia, Singapore, Thailand, Turkey, and the United Kingdom. Japan and Israel have sealed their borders to all foreigners. On November 27, 2021, the Department of State also issued a Level 4 Travel Health Notice for South Africa, indicating: “Do not travel to South Africa due to COVID-19.”

As we have argued in prior blogs, travel bans are not an effective means of curbing the spread of COVID-19. Like previous iterations of the COVID-related travel bans, this most recent Proclamation outlines a number of exemptions for certain categories of travelers, all of who are just as likely to carry COVID-19 as the immigrants and nonimmigrants who are barred from entering the United States. Even a nonvaccinated U.S. citizen who had recently been present in South Africa could freely enter the United States under the Proclamation, while a fully vaccinated nonimmigrant could not. Of course, all travelers must undertake COVID tests before entering the US, and noncitizen travelers with very few exceptions must be vaccinated. Ensuring that these protocols are strictly adhered to, including testing after arrival in the US, and even quarantining as necessary, will be more effective than a travel ban. Travel bans seem to be based more on politics rather than on science so that leaders can demonstrate that they are doing something to prevent the spread of the new variant even if it has spread already and its effects are largely unknown. The existing set of Presidential Proclamations suspending the entry of nonimmigrants who had recently been present in a host of countries impacted by COVID-19 terminated as recently as November 8, 2021. Like its predecessors, the new Proclamation is likely to do little to prevent COVID-19 infections in the United States, but is sure to devastate families, separate employees from their U.S. employees, and cause untold hardship and confusion for unwary travelers. Past precedent has also shown that once a ban is imposed, it is not likely to get rescinded soon.

Furthermore, the Proclamation penalizes South Africa for detecting the Omicron variant and altering the WHO to its dangers. South African President Cyril Ramaphosa has condemned the ban, describing its uselessness in preventing the spread of COVID-19 and its potential for causing serious damage to the South African economy. Further underscoring the futility of the ban, South Africa has higher vaccination rates and more sophisticated scientific and medical facilities than most African countries, though it has still faced some challenges in administering vaccines quickly enough. Although the Omicron variant has also been detected in Belgium, Brazil, Hong Kong, Israel, the United Kingdom, and Germany, these countries are not presently included in the ban. The travel restrictions imposed on South Africa and its neighbors may even make other countries less likely to report the discovery of other new variants, lest they too face an onerous travel ban. As a result of flights not going into South Africa, one public health official, Tulio de Oliveria, angrily tweeted that his lab will run out of reagents needed to test for the variant.

Fortunately, the U.S. Embassy in South Africa has announced that South African consulates will continue processing visa applications, and embassies in neighboring countries appear to be following suit. These operations are consistent with recent federal court decisions holding that the State Department cannot use COVID-related travel restrictions as a justification for refusing to issue visas. It is also hoped that this signals that the ban may not remain for very long. Until these ineffective travel bans are rescinded for good, however, they will continue to cause serious hardship for travelers from many African countries while doing little to prevent the spread of the Omicron variant.

(This blog is for informational purposes, and should not be relied as a substitute for legal advice).

*Kaitlyn Box graduated with a JD from Penn State Law in 2020, and is an Associate at Cyrus D. Mehta & Partners PLLC.


The post The Ineffectiveness of the Latest Omicron Travel Ban From the Perspective of Immigration Lawyers first appeared on The Insightful Immigration Blog.

SA scientists reveal ‘good news and bad news’ about Omicron variant

After last week’s shock discovery of the Omicron variant, the good news shared on Monday could very well outweigh the bad news…

Stock image of a coronavirus cell – Photo: PixabayIf we could pick one cliché to summarise the COVID-19 pandemic, we’d settle for ‘you have to take the rough with the smooth’ – and that seemed to be the theme of the Health Department’s latest presser on Monday. SA’s top medical experts gave us an update on the Omicron variant, and a clearer picture is just starting to emerge.

UPDATES ON OMICRON, MONDAY 29 NOVEMBER

As with any new variant with a large number of mutations, we’re going to get some bumps in the road. Salim Abdool Karim, Joe Phaahla, and several virology experts were on hand to make this crystal clear today.

The experts slammed the global travel bans slapped on South Africa, and called for an end to ‘knee-jerk reactions’ when new variants are discovered. Omicron has the world on red alert, but has the panic been justified?

Well, we guess it’s a bit more nuanced than any of us first thought…

LATEST ON THE NEW VARIANT: GOOD NEWS AND THE BAD NEWS ABOUT THE OMICRON VARIANT

THE BAD NEWS

Let’s start with the bad news, get it out the way, and then have the good news for dessert, shall we? Professor Abdool Karim believes that there will indeed be a level of ‘immune escape’ from Omicron.

Because the variant is so differently mutated, the body may struggle to identify Omicron as a COVID virus. That means more people will be vulnerable to ‘reinfection’ if they encounter this new strain.

“Mainly younger people are getting infected, for obvious reasons: Younger people are less vaccinated. So you will see more cases there. There’s some evidence, preliminary as it is, that we can see that the mutations that occur and may confer some level of immune escape from it. So we can expect that we may see more reinfection.”

Salim Abdool Karim

THE GOOD NEWS

However, the big picture stuff is much more reassuring.

According to Abdool Karim, it is already anticipated that the vaccines ‘should hold well’ against Omicron, preventing cases of severe disease and death, as they have done with previous variants.

The idea that vaccines could prevent widespread transmission of COVID-19 was torpedoed by the Delta variant. The aim of the game, as far as these jabs are concerned, is to keep our hospital beds and mortuaries empty.

  • Looking at the early evidence, it seems the inoculations will do a decent job of that…

“Based on what we know, we can expect that this is the likely scenario that the vaccines should hold well, in terms of preventing hospitalisations and severe disease. We understand that different vaccines might react differently and different levels of protection against particularly mild infections.”

“Based on the behaviour of other variants, we can expect that we will see high effectiveness for the prevention of COVID-19 hospitalisations and deaths. But we need another four weeks or so to get the data on this.”

Salim Abdool Karim
Duterte's chosen successor exits Philippines presidential race


His sudden exit narrows the field of candidates vying to replace Duterte
 (AFP/LISA MARIE DAVID)


Mon, November 29, 2021

Philippines President Rodrigo Duterte's chosen successor on Tuesday announced his withdrawal from the 2022 presidential race, saying it was "not yet my time".

Senator Christopher Go, a close aide to the president, entered the contest for the country's highest office two days before the November 15 deadline, after previously registering for the vice presidential race.

His sudden exit narrows the field of candidates vying to replace Duterte, who is constitutionally barred from seeking a second six-year term. He is running for the Senate.

"My family doesn't want it either so I thought maybe this is not yet my time," Go told reporters.

Go said his decision to withdraw was also to avoid causing "more problems" for Duterte, who he professed to love "more than as a father".

"I remain loyal to him and I promise to be with him forever," Go said.

"In the past few days I realised that my heart and my mind are contradicting my own actions."

Most analysts had given Go little chance of success in the May election, though he was the most likely candidate to protect Duterte from criminal charges in the Philippines, and an International Criminal Court investigation into his deadly drug war.

"From the very start he has launched a lukewarm campaign and it's very obvious that he was just thrust into that job by President Duterte," said Jean Franco, a political science professor at the University of the Philippines.

The son and namesake of former dictator Ferdinand Marcos has a commanding lead in the race, according to a recent survey by respected polling outfit Social Weather Stations.

Marcos Jr was followed by incumbent vice president and Duterte critic Leni Robredo, celebrity mayor Francisco Domagoso and boxing great Manny Pacquiao.

Duterte has been an ally of the controversial Marcos family, which had gone into exile in the United States after the patriarch's humiliating downfall in 1986.

But recently Duterte has been publicly critical of Marcos Jr, describing him as a "weak leader... saddled with baggage".

Sara Duterte, his daughter, had been widely expected to run for president.

But she has filed her candidacy for vice president, a position which holds very little power, and formed an alliance with Marcos Jr.

Go's exit from the "tight election race" could strengthen the "political force" of Marcos Jr and Sara, said Franco.

But she doubted that Duterte would endorse Marcos Jr for his job.

Go's decision also comes after a tumultuous week when many of the leading presidential and vice-presidential candidates took drug tests after Duterte accused an unnamed candidate of snorting cocaine.

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Rihanna made national hero as Barbados becomes a republic
Tony Jones 
EVENING STANDARD

Singer and entrepreneur Rihanna has been awarded a national honour from her homeland Barbados as the Caribbean country celebrated becoming a republic.

Rihanna, who grew up in the island nation, witnessed the historic ceremony that broke Barbados’s centuries-old ties with the British monarchy and swore in its first president Dame Sandra Mason, ending the Queen’s role as head of state.

Barbados Prime Minister Mia Mottley surprised the invited guests when she said her government had recommended the celebrity be made a member of the Order of National Heroes on Wednesday.

© Provided by Evening Standard Rihanna (centre) attends the ceremony that saw Barbados become a republic (Jonathan Brady/PA) (PA Wire)

During the ceremony applause rang out in National Heroes Square in the capital Bridgetown when Dame Sandra was sworn in by chief justice Sir Marston Gibson and announced as “Her Excellency Dame Sandra Prunella Mason President of Barbados”.

The Prince of Wales represented the UK at the televised open-air ceremony and in a speech was also warmly acknowledged by the guests when he told the new republic: “I shall always consider myself a friend of Barbados.”

Charles’ speech was a positive message, as if written for a close acquittance, harbouring no regret at the decision taken by the Barbadian leaders, and it also acknowledge Britain’s role in the “appalling atrocity of slavery”.

He listed the ways he will “remain deeply committed to this very special country”, highlighting the on-going efforts of his Prince’s Trust International charity in supporting Barbados’s young people and his work with their government on issues like climate change.

Rihanna, who flew back to Barbados for the event, touched her heart as she was praised by Ms Mottley, who quoted the singer’s own lyrics as she said: “May you continue to shine like a diamond and bring honour to your nation by your words, by your actions and to do credit wherever you shall go.”

© Provided by Evening Standard Charles gave a speech during the ceremony
 (Jonathan Brady/PA) (PA Wire)

The culture, history and achievements of Barbados were celebrated with music, dance and spoken word during the ceremony and a number of poets and activists criticised the colonial past of the island nation and called for it to embrace the opportunities of becoming a republic.

Poet Cyndi Celeste summed up the mood when she said: “Today, after successive governments have tried and failed to rekindle the flame, we finally raised the flag of a nation no longer clinging to colonial coat tails for its identity.

“And maybe, we’ve been so focused on searching for the problems that we do not recognise the opportunities we have been given… shedding the vestiges of a monarchy means we get to denounce the moniker of ‘little England’ and vest the powers of the state in every Barbadian citizen.”

Queen Elizabeth II Congratulates Barbados After It Scraps the Monarchy

Jack Royston -  NEWSWEEK

© Max Mumby/Indigo/Getty Images and Jeff J Mitchell/Getty Images


Queen Elizabeth II showed there were no hard feelings as she congratulated Barbados on removing her as head of state.

The Monarch, 95, ensured a positive atmosphere between the British Monarchy and the Caribbean island nation which has elected its first president, Dame Sandra Mason.

Prince Charles flew out to take part in the presidential inauguration ceremony, a guest of honor even as the country partially severs ties with the royals.

It will not be a complete break, as Barbados will remain a member of the Commonwealth, a global partnership which has the queen as its head and is made up mainly of Britain's former empire.

Elizabeth said in a message to Mason: "On this significant occasion and your assumption of office as the first president of Barbados, I extend my congratulations to you and all Barbadians.

"Over the years, our countries have enjoyed a partnership based on common values, shared prosperity, and close collaboration on a wide range of issues, including recent work on climate change.

"It is also a source of great satisfaction that Barbados remains an active participant within the commonwealth, and I look forward to the continuation of the friendship between our two countries and people.

"As you celebrate this momentous day, I send you and all Barbadians my warmest good wishes for your happiness, peace and prosperity in the future."

The royal standard was lowered and replaced with a presidential flag, but the royals received a warm reception with Prince Charles given a 21 gun salute.

Quoted by the BBC, Mason said in a speech: "Vessel Republic Barbados has set sail on her maiden voyage.

"May she weather all storms and land our country and citizens safely on the horizons and shores which are ahead of us. Our country must dream big dreams and fight to realize them."

Fireworks lit the skies over Bridgetown and Barbadian popstar Rihanna was given the honor of being officially named a national hero.

Quoted by the BBC, Prime Minister Mia Mottley told her: "May you continue to shine like a diamond and bring honor to your nation."

Queen Elizabeth II's Message to Barbados in Full

"On this significant occasion and your assumption of office as the first President of Barbados, I extend my congratulations to you and all Barbadians.

"I first visited your beautiful country on the eve of independence in early 1966, and I am very pleased that my son is with you today.

"Since then, the people of Barbados have held a special place in my heart; it is a country rightfully proud of its vibrant culture, its sporting prowess, and its natural beauty, that attracts visitors from all over the world, including many people from the United Kingdom.

"Over the years, our countries have enjoyed a partnership based on common values, shared prosperity, and close collaboration on a wide range of issues, including recent work on climate change.

"It is also a source of great satisfaction that Barbados remains an active participant within the commonwealth, and I look forward to the continuation of the friendship between our two countries and people.

"As you celebrate this momentous day, I send you and all Barbadians my warmest good wishes for your happiness, peace and prosperity in the future."

Prince Charles references ‘atrocity of slavery’ as Barbados becomes a republic

The prince will be head of state of many nations in the Caribbean when he becomes king and his words will resonate across the region.

SENIOR DIGITAL PRODUCER
PUBLISHED Tuesday 30 November 2021 

The Prince of Wales has acknowledged the “appalling atrocity of slavery”, describing it as something “which forever stains our history”, during the ceremony marking Barbados’ historic transition to a republic.

Charles summed up the period when the UK was one of the leading players in the transatlantic slave trade as the “darkest days of our past”, but looking to the future said the “creation of this republic offers a new beginning”.


The Prince of Wales speaks at the Presidential Inauguration Ceremony at Heroes Square in Bridgetown, Barbados. Jeff J Mitchell

The prince will be head of state of many nations in the Caribbean when he becomes king and his words will resonate across the region.

Barbados’ ties with the British monarchy going back centuries were severed when the nation’s first president, Dame Sandra Mason, was sworn into office replacing the Queen as head of state during a televised open-air ceremony in the capital Bridgetown.

In a message to the president and the people of Barbados the Queen sent the new republic her “warmest good wishes for your happiness, peace and prosperity in the future” and praised the nation which has a “special place” in her heart for “its vibrant culture, its sporting prowess, and its natural beauty”.

Prime Minister Boris Johnson said the UK and Barbados will remain “steadfast friends and allies” with “a partnership built to last”.

The heir to the throne watched the symbolic moment as the Queen’s standard was lowered for the last time and the presidential flag raised in its place at midnight local time, on November 30, the 55th anniversary of independence from Britain.

Charles told guests including Barbados’ prime minister Mia Mottley and singer Rihanna: “The creation of this Republic offers a new beginning, but it also marks a point on a continuum, a milestone on the long road you have not only travelled, but which you have built.

“From the darkest days of our past, and the appalling atrocity of slavery, which forever stains our history, the people of this island forged their path with extraordinary fortitude.

“Emancipation, self-government and Independence were your way-points.

“Freedom, justice and self-determination have been your guides.

“Your long journey has brought you to this moment, not as your destination, but as a vantage point from which to survey a new horizon.”

His words echoed a speech he gave during a tour of west Africa in 2018 when, after visiting a site in Ghana where Africans were shipped to a life of slavery, he described the slave trade as an “indelible stain” on the world.



Barbados makes Rihanna a national hero as country becomes a republic


There have been protests in the run-up to the ceremony with activists in Barbados demanding an apology and reparations from the monarchy and UK Government for slavery.

Successive monarchs supported or made money from the transportation and selling of people for profit during the 17th and 18th centuries.

As the slavery abolitionists campaigned against the trade they were opposed by the Duke of Clarence, George III’s son, later to become William IV.

The royal and the rest of the pro-slavery lobby would eventually lose the battle when William Wilberforce and other abolitionists succeeded in passing the bill banning the slave trade in 1807.

Charles’ speech was a positive message, as if written to a close acquaintance, harbouring no regret at the decision taken by Barbados’ leaders.

He listed the ways he will “remain deeply committed to this very special country” highlighting the on-going efforts of his Prince’s Trust International supporting Barbados’ young people and his work with their government on issues like climate change.

The prince added: “I shall always consider myself a friend of Barbados.

“Tonight you write the next chapter of your nation’s story, adding to the treasury of past achievement, collective enterprise and personal courage which already fill its pages.

“Yours is a story in which every Barbadian, young and old, can take the greatest pride – inspired by what has come before them and confident about what lies ahead.”

Britain’s commitment to maintaining a strong relationship with the Caribbean nation also appears a priority, with a trade delegation of 25 British companies, the first in three years, visiting earlier this month with Darren Henry, the prime minister’s trade envoy to the Caribbean.

Wendy Morton, Minister for Europe and Americas, arrived with the prince on Sunday and has been carrying out a series of visits on the island.

Graham Smith, chief executive officer of the organisation Republic which campaigns for an elected head of state, said the Barbados’ decision could influence others: “A huge congratulations to Barbados for this historic moment in their nation’s story.

“Barbados isn’t just doing themselves a favour, but are showing the way for the other 15 Commonwealth realms.”

He added: “The transition in Barbados has also triggered calls for slavery reparations and an apology from the royals for their family’s part in the slave trade.

“Those calls aren’t going away and there’s no way the royals come out of that debate without significant damage to their reputation.”


LIKE STALIN DID IN CRIMEA
Leaked papers link China leaders to Uyghur crackdown

A newly published cache of documents directly links top Chinese leaders including President Xi Jinping to the state's crackdown on Uyghur Muslims.
© Getty Images Chinese President Xi Jinping (L) and Premier Li Keqiang (R) were among top government figures named in the leaked documents

The documents include speeches which analysts say prove senior government leaders called for measures that led to mass internment and forced labour.

China has consistently denied that it is committing genocide against Uyghurs.

Some of the documents were the subject of an earlier report, but the latest leak has previously unseen information.

They were passed to the Uyghur Tribunal - an independent people's tribunal based in the UK- in September, and later given to German academic Adrian Zenz for analysis.

The documents, called the Xinjiang Papers after the region which is home to most of China's Uyghurs, reveal how Chinese Communist party (CCP) leaders including Mr Xi and Premier Li Keqiang made statements which directly led to policies affecting the Uyghurs.

These include forced internments, mass sterilisations, forced assimilation, "re-education", and coercion of detained Uyghurs to work in factories.

The New York Times had reported on an identical set of documents that were leaked to them in 2019. However, not all of them were made available to the public back then.

In his report on the Xinjiang Papers, Dr Zenz said his analysis shows that the links between statements made by top government figures, and subsequent policies that were implemented on Uyghurs were "far more extensive, detailed and significant than previously understood."

China has come under massive international pressure over allegations of human rights violations in Xinjiang.

A marked shift in China's approach to the region can be traced back to two brutal attacks on pedestrians and commuters in Beijing in 2013 and the city of Kunming in 2014, blamed by China on Uyghur Islamists and separatists.

Its response from 2016 onwards has been the building of "re-education" camps for anyone displaying any behaviour viewed as a potential sign of untrustworthiness.

China has also pursued a strategy of coercive labour, by deploying Uyghurs to pick cotton in Xinjiang.

In addition, reports have emerged of China forcibly mass sterilising Uyghur women to suppress the population, separating children from their families, and attempting to break the cultural traditions of the group.

Several countries, including the US, Canada and the Netherlands, have accused China of committing genocide and crimes against humanity.

China has vehemently denied these allegations, saying the crackdown in Xinjiang is necessary to prevent terrorism and root out Islamist extremism, and the camps are an effective tool for "re-educating" inmates in its fight against terrorism.

Quebec First Nations want to be full partners in sustainable economic development

Economic strength and wealth comes from the land, said First Nations leaders last week at the Grand Economic Circle of Indigenous Peoples and Quebec.


“I have to reiterate our determination to have our rights and our ancestral territories and our government autonomy respected,” said Assembly of First Nations Quebec and Labrador (AFNQL) Chief Ghislain Picard.

“Economic wealth and prosperity … That is tied to the land,” said Assembly of First Nations National Chief RoseAnne Archibald. “So the land that we stand on today is the basis for all the wealth in this province and all the wealth in this country, and the people who are the rightful caretakers of that land are First Nations. So unceded land means that it’s important that First Nations have access to the wealth of their land.”

On Nov. 25 and 26, chiefs, Indigenous entrepreneurs, business leaders and Quebec elected officials gathered in Montreal, the unceded territory of the Kanien’kehá:ka Nation. The Grand Economic Circle was a joint venture between the AFNQL and the provincial government to discuss economics and better inclusion of Indigenous peoples.

“Economics is a subject which is very important to us. The premier, in his opening speech, mentioned that First Nations should be part of this economic comeback,” said Indigenous Affairs Minister Ian Lafrenière. He urged participants to work together and network to find economic solutions.

Premier Francois Legault, who delivered his speech at the start of the new parliamentary session of the Quebec National Assembly on Oct. 19, addressed First Nations, saying they work as partners in a nation-to-nation dialogue.

Panels lead by chiefs at the economic circle made clear that reconciliation was only possible when economic development in the province of Quebec moved forward in full and equal partnership with Indigenous communities.

Full partnership includes Indigenous communities being consulted prior to any development being undertaken; development contracts with Indigenous communities being normal and not the exception; Indigenous representation on corporate boards and within governments; and training adapted to meet Indigenous needs, said Chief Monik Kistabish of the Abitibiwinni First Nation.

“(The government must) have the true desire to reduce the socio-economic gap,” said Kistabish.

That will only come, he said, when the Quebec government stops exploiting the land, and development industries, such as mining, sign impact benefit agreements with First Nations before new projects received permission or extensions were granted.

Chiefs also said that economic development had to be informed by First Nations values.

“Too often when looking at economic development (it’s) as an issue of amassing wealth, amassing gain, and I think that perspective has to be readjusted to more of a First Nations’ approach where it’s more wholistic. You do have to take into consideration the impacts we have on the environment and how resources are exploited,” said Chief John Martin of the Micmacs of Gesgapegiag.

“In 2021 with an approach whereby First Nations represent … an added value to the economic development of our regions across Quebec, I believe that government must add their capacity and their level of cooperation to working with First Nations,” said Chief Gilbert Dominique of Pekuakamiulnuasht Takuhikan.

“We are not against economic development. We want to be a part, a stakeholder in economic development, taking into account our aspirations, our values, our challenges,” said Dominique.

He stressed that First Nations were not lobbying groups but decision-makers, and only when the Quebec government realized that would there be a “win-win situation for the future of our First Nations.”

Martin also pointed out that when First Nations benefitted so did the communities surrounding them.

Archibald, who participated in a panel of women leaders, said it was important that development agreements were sustainable and that seven generations forward was the benchmark for sustainability.

“These agreements that we’re reaching between First Nations and business partners have to balance the ideas of developing a resource and developing an economy with also protecting the land. So we have to do two things at once. I know sometimes people feel that these two things are at odds but they're not. We can hold two contradictory ideas in one space,” said Archibald.

She criticized the way planning is being done now. She said with Indian Act band elections happening every two years, custom band elections every three to four years, and provincial and federal government elections every four years, thinking and planning has been limited to those time-frames.

Building something substantial means planning for seven generations ahead–175 years–which ensures that development does not involve eliminating resources, but involves developing a future for youth, stressed Archibald.

“I think that's part of the way forward. If people were to look at us, whether it's business partners or potential government partners in development in the future, that's the vision that we bring in having environmental stewardship and environmental responsibility in projects,” said Grand Chief Kahsennehawe Sky-Deer of the Mohawk Council of Kahnawa:ke.

Capacity building of youth, environmental health and preservation of culture vitality are all important, said Grand Chief Mandy Gull-Masty of the Grand Council of the Crees.

Industries have an advantage, she said, when they can ensure “social acceptability.”

It’s a balancing act, she said, to deliver jobs for youth and to ensure members can still hunt, trap and fish in their traditional territory. When industry can deliver on this it provides an opportunity for industry to steer government in creating new policy, new mechanisms, and new procedures, said Gull-Masty.

On the final day of the conference, Lafrenière announced a $3.3 million investment by his government for a hotel project in Kahnawa:ke.

The federal government also coincided its announcement of the renewal of two key strategic partnership initiatives with the conference. True North Treasure Initiative and the Forest Full Value Initiatives will each receive $4.5 million. Both contribute to the economic self-sufficiency of Indigenous communities in Quebec, said Indigenous Services Minister Patty Hajdu.

Windspeaker.com

By Shari Narine, Local Journalism Initiative Reporter, Windspeaker.com, Windspeaker.com
Saskatchewan moves to amend Constitution amid civil trial with Canadian Pacific

REGINA — The basis of a lawsuit between Canadian Pacific Railway Ltd. and the Saskatchewan government is moving to the floor of Parliament after provincial legislature members passed a motion to amend the Constitution.
  © Provided by The Canadian Press

Canadian Pacific is suing the province for $341 million over a clause that was written in a contract so old John A. Macdonald was prime minister and Saskatchewan wasn’t yet a province.


The court battle, which has been going on for 13 years, is currently being argued at trial in Regina’s Court of Queen’s Bench.

In its statement of claim, CP says it wants a return of taxes paid to Saskatchewan since 2002 and a declaration that future taxes are not payable.

The corporation argues it's exempt from paying certain taxes based primarily on a 1880 contract between Canada and CP’s predecessor. In exchange for tax exemptions, CP agreed to build the transcontinental railway.


“In exchange for CP’s investments and commitment to build and to operate this railway forever, the prairie provinces and federal government agreed to certain tax exemptions for business conducted on this main line,” CP spokesman Patrick Waldron said in an email.


The exemption became part of the Saskatchewan Act in the Constitution, when the province was created 116 years ago.

However, Saskatchewan argues the tax exemption was rescinded on Aug. 29, 1966, in a letter from then-CP president Ian D. Sinclair to the federal transport minister, John Pickersgill, in exchange for modernized transportation legislation.

The trial, which began four weeks ago, is scheduled wrap up in mid-December.

On Monday, the Saskatchewan government unanimously made a resolution to amend the Constitution as it relates to the Saskatchewan Act.

"It would be unfair to the residents of Saskatchewan if a major corporation were exempt from certain provincial taxes, casting that tax burden onto the residents of Saskatchewan,” the motion reads.

CANADA
Critics want plug pulled on federal oil and gas fund


Green Party MPs and environmental groups say a financial relief program for onshore oil and gas companies should be scrapped after a scathing report by Canada’s climate watchdog was released Thursday.

“This is an egregious example of a fossil fuel subsidy,” said Julia Levin, senior program manager for climate and energy at advocacy group Environmental Defence. “This needs to be a no-brainer for the government to get rid of this program.”

The Emissions Reduction Fund provides up to $675 million in the form of interest-free loans and non-repayable grants to help land-based oil and gas companies attract investment, retain jobs, and reduce the greenhouse gas emissions that cause climate change. But a report by Environment and Sustainable Development Commissioner Jerry DeMarco found the program was not designed to retain jobs or reduce emissions, and that Natural Resources Canada vastly overestimated the emissions reductions the program would achieve.

In the first round of funding, nearly a third of the program’s approved projects indicated the money would lead to an increase in future oil or gas production, but those increases were not factored into its assessments, according to the report.

The 48-page report presents ample evidence the onshore emissions reduction fund was not actually effective at cutting emissions, despite its name. In fact, it could actually be increasing them, said DeMarco.

The federal government is “committed to eliminating fossil fuel subsidies that are incenting the production and exploration of oil and gas” by 2023, Natural Resources Minister Jonathan Wilkinson told Canada’s National Observer, but that excludes programs that “are good for the environment, like remediating orphan wells or programs focused on cutting emissions.”

Green MPs Elizabeth May and Mike Morrice want to see the program discontinued, with May calling it “part of a climate emergency acceleration plan” because it has locked Canada into increased oil and gas production at a time when phasing out fossil fuels has never been more important.

In question period Thursday, May asked Wilkinson how the program could be fixed.

Wilkinson said the fund, created in response to the COVID-19 crisis, aimed to do two things: sustain jobs and “ensure continued action on methane pollution at a time of economic crisis.” On both counts, he argued, the program succeeded.

However, the commissioner’s report found Natural Resources Canada did not list retaining jobs as an eligibility condition or an assessment criterion for funding decisions. DeMarco could not even say definitively whether any reductions came about as a result of the program because at least some of the program’s emissions reduction target was already accounted for under other federal policies.

Wilkinson went on to say the oil and gas sector has “certainly improved in terms of economic prospects” and the department has “commenced a review of the future of this program and the remaining funding.”

Moving forward, the most important thing is to ensure no more funds are sent out under the current framework, said Morrice.

To date, only $134 million of the $675-million fund has been disbursed, and he wants to see the remainder reallocated to projects that will actually achieve emissions reductions, like building retrofits, climate adaptation and initiatives geared toward a just transition away from fossil fuels.

As things stand, though, the recently audited emissions reductions fund is “another gift to the oil and gas industry at the expense of taxpayers,” says Levin.

“We shouldn't need the commissioner to audit every single spending program for government to make the right decisions when it comes to using public dollars,” she said.

“The commissioner is not going to do an audit of every single subsidy program, so how are we going to get the government to actually design programs that don't continue to fuel the climate crisis?”

In a statement to Canada’s National Observer, NDP environment critic Laurel Collins said “using faulty greenhouse gas emission estimates to fund the oil and gas sector” puts both Canada’s emission reduction targets and the health of Canadians at risk, and “the Liberals are not showing the climate leadership that they’ve repeatedly told Canadians they can expect.”

Both the NDP and Green Party remain adamant that Canada’s current greenhouse gas emissions reduction target of 40 to 45 per cent below 2005 levels by 2030 is not enough. May hopes the target can be changed to 60 per cent to reflect Canada’s fair share of global emissions before the UN climate conference next year.

Vanessa Corkal, a policy adviser with the International Institute for Sustainable Development, says there’s a “really large risk” of undermining our climate targets if proper assessments aren’t done to catch things like the overestimations revealed by the commissioner’s report.

No matter the sector, she says any government program involving emissions reduction must be designed with robust accounting principles, strict funding conditions and criteria to ensure job retention and emissions reduction outcomes are included in the design and properly measured.

DeMarco said repeatedly that the program’s non-repayable loans are “fossil fuel subsidies, no doubt about it,” and Corkal says the report illustrates the risks of subsidies that claim to have environmental goals but are actually highly inefficient.

She says the emissions reduction fund and other programs need to be included in Canada and Argentina’s ongoing peer review of inefficient fossil fuel subsidies, which has yet to be made public.

Launched in June 2019, the peer review is part of a G20 commitment to eliminate all inefficient fossil fuel subsidies. Similar peer reviews between other countries took between 12 and 24 months; Canada and Argentina’s review has been going on for nearly 30.

On Nov. 26, Wilkinson was asked about when findings of the peer review would be published. He said “that process is ongoing” and he couldn’t provide a deadline but recognized it is something the government needs to give an update on.

For Morrice, now is “not a time for review and study. It’s a time for decisive action.”

“How much longer do we need to study and review continued investment of public funds into the very sector that is the leading contributor to the climate crisis?”

The emissions reduction fund highlights how poorly Natural Resources Canada is designing federal programs, says Levin.

“There's a disconnect between what ministers tell the public these programs are set out to achieve, and then what the actual parameters of the program are,” she said.

An example of this is the $1.72 billion given to B.C., Alberta, and Saskatchewan for cleaning up orphan or inactive wells. The federal government framed it as an opportunity to reduce greenhouse gas emissions, create jobs, further Indigenous reconciliation and contribute to an inclusive economic recovery, but a report found the Alberta program “amounts to little more than a bailout to the oil and gas industry.”

Most of the jobs the program boasted about creating were likely only temporary or would have existed with or without the funding, and there was widespread work stoppage in well cleanup activities as companies awaited grants, according to the report.

Alberta’s failure mirrors the commissioner's conclusions about the emissions reduction fund; both programs lack transparency and did not achieve what they said they would.

“[The emissions reduction fund] was designed to pay oil and gas companies to comply with existing regulations,” said Levin, adding the money should be reinvested into independent monitoring of methane emissions and paired with stronger federal regulations to force oil and gas companies to get with the program.

“These are companies that have profited, they've made billions of dollars, this is the richest industry in the world,” said Levin. “Why are we not putting it on them to take care of the mess that they're leaving behind?”

Natasha Bulowski, Local Journalism Initiative Reporter, Canada's National Observer