Backlogged justice system can't return to pre-pandemic ways, chief justice warns

OTTAWA — Canada's chief justice says the legal system must continue to modernize and innovate, warning it cannot return to pre-pandemic ways of doing business.



The Supreme Court of Canada's Richard Wagner told a news conference Thursday that all players in the justice system are reassessing what they do, how they do it, and how effectively they meet the needs of the people they serve.

Wagner insists access to justice is not just a fundamental right or a service, but above all a basic human need and an essential ingredient of democracy.

He acknowledged meeting the expectation of timely justice is a big task, especially with so many courts facing backlogs and delays.

Wagner said this is why a committee on court operations in response to COVID-19 continues to meet even as the pandemic eases.

The committee recently drafted a document for judges and court administrators with practical suggestions to deal with matters faster and more effectively.

The Supreme Court began holding hearings via video conference, as well as hybrid sessions, in 2020 to help prevent the spread of COVID-19.

Other courts across the country also moved to quickly adapt, allowing use of audio and video technology for hearings as well as more digital documents.

Wagner said last year the Supreme Court would continue to hold virtual hearings beyond the COVID-19 pandemic if participants agree to them.

"Now, we actively encourage remote hearings," he said Thursday.




The technology levels the playing field for all, giving parties the option to make their case from wherever they choose and offering substantial savings — especially to those farthest from Ottawa, he said.

This improves access to justice, especially for interveners such as public interest groups that present the court with additional context and perspectives on challenging legal issues, Wagner added.

"Truly, it does not matter if counsel is standing before them or appearing on screen. Strong, well-reasoned and persuasive arguments can be made from anywhere."

The courts have a primary role to play in implementing the values of the rule of law and democratic institutions, Wagner said.

However, even in Canada, nothing is certain and "we must constantly remain vigilant" against attacks on those values, he added.

Asked about the "freedom convoy" of anti-government protests that paralyzed downtown Ottawa for weeks last winter, Wagner said it led to deplorable conditions as businesses closed and people lost their jobs.

He cited faulty information circulating largely on social media as part of the explanation for the protests, ostensibly against COVID-19 public health measures enacted by governments but which also revealed mistrust of politicians and other officials.

Wagner said the events, which led to federal invocation of the Emergencies Act to remove large trucks blocking streets, prompted serious security questions.

The Supreme Court building sits just outside the formal parliamentary precinct and therefore does not have the same sort of protective measures as Parliament Hill.

Wagner said he has asked that the court be included as "part of the protection zone" as a result of the protests.

He stressed education and transparency about the role of the court as keys to ensuring people support democracy, judicial independence and the rule of law.

"And if they don't have trust, that's where the problems occur."

This report by The Canadian Press was first published June 16, 2022.

Jim Bronskill, The Canadian Press

FULL PRESS CONFERENCE WITH PRESS QUESTION ANWSER

WHEW THAT WAS CLOSE
Economic loss would have exceeded gains if Edmonton had held World Cup games: expert


EDMONTON — A professor of economics says Edmonton should be happy it was not selected to hold games for the 2026 FIFA World Cup.




Moshe Lander of Concordia University says the cost would have been much more than the economic benefits.

FIFA announced on Thursday that the 48-team tournament will see games played in 16 cities across North America, including Vancouver and Toronto.

Eleven cities in the United States will have games and three will be played in Mexico.

The Alberta government announced $110 million in funding for the bid earlier this year with a condition that five games be played in Edmonton.

Lander says he believes one of the reasons the city was not selected was because of that condition.

This report by The Canadian Press was first published June 17, 2022.

The Canadian Press

SIGN THE PETITION

Edmonton mom facing deportation makes impassioned plea for her and her daughter to stay in Canada

A mother and daughter from Edmonton facing an imminent deportation order are desperate to remain in Canada.

The Cayanans are scheduled to be deported July 11, 2022 - but hope public pressure will assist them in staying in Canada long-term.

Sarah Ryan / Global News- Yesterday 

Vangie Cayanan came to Canada as a temporary foreign worker back in 2010, but she alleges her employer abused her and when she reported it, she was let go.

The next year, she moved to Edmonton where she continued to work.

In 2015, while still in Canada, Cayanan had a baby girl named McKenna. That's the same year Cayanan became an undocumented migrant.

Recently, her lawyer said the Canada Border Services Agency started rounding up undocumented workers and deporting them.

Family friend Whitney Haynes said the government isn't being fair to the Cayanans.

"She came here legally, under the temporary foreign worker program," Haynes said. "She was abused by her employer, abused by a system which has abused many people -- that throws people away back to their own country just to bring in a new batch of people to do the same jobs."

Cayanan was told she and her daughter would have to leave the country and go to the Philippines on May 11.

After being granted an emergency extension allowing McKenna to finish her school year in Canada, a new deportation date has been scheduled for July 11.

"I'm asking for all the support to stay here because McKenna belongs here, I belong here, we belong here. This is our home," Cayanan said.

Recently, Cayanan said her six-year-old daughter was diagnosed with ADHD and Oppositional Defiant Disorder.

In Canada, McKenna is receiving supports in school and is getting medication for her conditions, something Cayanan said wouldn't happen in the Philippines.

"In an impoverished learning environment, without the resources, I don't know that those special needs can be met," agreed registered social worker Susan Otto.

Plus, they added that McKenna only speaks and understands English.

READ MORE: Toronto senior facing deportation allowed to stay in Canada after more than 20 years

A statement from Immigration, Refugees and Citizenship Canada said "all foreign nationals are expected to respect our immigration laws by maintaining a legal status while in Canada, restoring their status within 90 days after their status has expired, or returning to their country of origin.

"An individual who remains in Canada more than 90 days after their status expires should leave Canada. From abroad, they may apply to return to Canada through any type of temporary or permanent status they are eligible to apply for."

Options include the permanent residence program or a temporary work permit, according to the government agency.

READ MORE: LBTGQ+ refugee in Quebec facing deportation says he will be killed if sent back to Jordan

"Everyone deserves a work environment where they are safe and their rights are respected. The government takes the safety and dignity of foreign workers very seriously, which is why we've been taking strong action to protect workers since before the pandemic," the statement continued.

"Migrant workers have the same rights to workplace protections under applicable federal, provincial and territorial employment standards and collective agreements as Canadians and permanent residents."

Supporters also say Cayanan has proven herself to be a valuable member of the community.

Despite her status, in 2017 she advocated for children of migrants to have basic rights -- and won.

"Every child born in Canada can access health care now because of her work," explained Clarizze Truscott, vice-chair with Migrante Canada.

Cayanan also helped deliver packages to undocumented people during the COVID-19 pandemic.

"Her tireless community work earned her the human rights award from the John Humphrey Centre For Peace and Human Rights. This isn't just given to anybody," Truscott said.

"We should strive to keep these kinds of wonderful people in our community, because these are the people who contribute positively to the community, always," explained her lawyer, Manraj Sidhu.

He is appealing the deportation order based on humanitarian and compassionate grounds. But that process could take three years.

"I don't want to beg, I just want to fight for her rights. McKenna deserves everything, just like other children here in Canada," Cayanan explained.

In the meantime, Migrante Canada launched a petition for the family to stay, hoping to present it to the federal minister of immigration.

The petition already has more than 2,100 signatures.

"No worker should ever feel like this. No human should ever feel like this. No child should ever, ever be part of this process," Haynes said.

"Obviously there's a very real need for workers here, it's all over the media. I don't understand why we're expanding the temporary foreign worker program when we can just let the workers here stay here, that have developed a strong sense of community here."

Migrante said there are currently more than half a million undocumented people in Canada

SEE 

https://plawiuk.blogspot.com/2022/06/filipino-woman-allegedly-abused-by-her.html

CLIMATE CRI$I$

Flood of atmospheric rivers in B.C. cost $675 million in insured damage: bureau


VANCOUVER — November's floods in British Columbia that swamped homes and farms, swept away roads and bridges and killed five people are now the most costly weather event in provincial history.

The Insurance Bureau of Canada made the statement as it released the latest cost estimate of $675 million, and that's only for damage that was insured.

The previous estimate was $515 million in losses, but the bureau says in a statement that much of the increase is due to business claims in places where commercial insurance is more available.

In contrast, it says many residents were located in high-risk flood areas where insurance coverage isn't available, which could cost all levels of government "well into the billions of dollars."

So-called atmospheric rivers flowed over southwestern B.C. for days in November, bringing record rainfall and quickly swelling waterways.

Mudslides swept people away in their cars, rivers carved new routes and washed out highways and bridges, cutting off major highways into the Interior, which stopped the supply chain from the coast to the rest of the country.

"While the insured losses from the November flood events are increasing, it is clear that the overwhelming majority of costs for this disaster will be borne by government," said Aaron Sutherland, a vice-president with the Insurance Bureau of Canada.

The bureau is a member of the federal, provincial and territorial task force on flood insurance and says it has put forward options to create a residential flood insurance program that includes a public-private partnership model.

It says that idea would help make affordable insurance available to residents in high-risk areas.

This report by The Canadian Press was first published June 15, 2022.

CRIMINAL CAPITALI$M
BC Money laundering report points to government, RCMP failures, but finds no corruption


VICTORIA — Money laundering in British Columbia reached "staggering" levels due to inadequate efforts by police, politicians and regulators to curtail the crime, but there was no evidence it involved official corruption, a long-awaited public inquiry report has concluded.


© Provided by The Canadian PressB.C. money laundering public inquiry report, recommendations to be released

The report released Wednesday by former B.C. Supreme Court justice Austin Cullen, who led the commission of inquiry into money laundering in the province, said billions in illicit funds linked to organized crime and the drug trade impacted the real estate, gaming and luxury vehicle sectors.

Cullen said the former B.C. Liberal government and gaming officials at the Crown-owned B.C. Lottery Corp., were aware of suspicious cash flowing into casinos around the time of the 2010 Vancouver Olympics but they did not exhibit the "will" to fully tackle the problem.

"The government took reasonable steps but not sufficient steps," he said at a news conference. "The steps weren't up to the task of abating money laundering in the casinos."

Former B.C. gaming ministers Rich Coleman, Mike de Jong, and Shirley Bond, and former premier Christy Clark each took some anti-money laundering actions, but with limited results, said the report.

All four testified at the public inquiry, saying their actions were based on the best information they had on fighting money laundering.

“There is no evidence that any of these individuals knowingly encouraged, facilitated or permitted money laundering to occur in order to obtain personal benefit or advantage, be it financial, political or otherwise,” says the report.

Attorney General David Eby said he wanted explanations from members of the former government about their response to laundering, saying "they failed."

"I'll say frankly, that as a politician, I wouldn't be satisfied with a sash awarded by the commissioner that says 'not corrupt.' I hold myself to a higher standard," Eby said.

De Jong told a news conference it was "gratifying" the report found no evidence of "corrupt practices, collusion, any deliberate attempt to facilitate money laundering in this province by anyone within the previous government."

Coleman said in a statement that the report's conclusions "prove that allegations that the BC Liberals were ignoring money laundering, or were corrupt, were politically motivated oversimplifications."

The inquiry heard testimony over 133 days from almost 200 witnesses, including politicians, government and gaming industry officials, law enforcement officers, academics and experts.

Cullen’s report makes 101 recommendations, calling on the B.C. government to establish an office of an independent commissioner to focus on anti-money laundering, amend the Mortgage Brokers Act and Real Estate Services Regulation, and force casinos to lower the threshold to $3,000 for requiring proof of a gambler’s source of funds.


The 1,805-page report also describes what became an indelible image associated with money laundering in B.C., of people arriving at Vancouver-area casinos with large bags of cash, usually in $20 bills.

“These vast quantities of cash were frequently delivered to casino patrons at or near casinos, very late at night or early in the morning, by unmarked luxury vehicles. It should have been apparent to anyone with an awareness of the size and character of these transactions that Lower Mainland casinos were accepting vast quantities of proceeds of crime during this time period.”

The report says in 2014, B.C. casinos accepted $1.2 billion in cash transactions of $10,000 or more.

Although it said it was not possible to put a precise figure on the amount laundered through the B.C. economy each year, the report said evidence pointed to it being in the billions.

"Sophisticated professional money launderers operating in B.C. are laundering staggering amounts of illicit funds," says the report citing evidence that one underground banking operation was laundering up to $220 million a year at casinos.

The report says the federal government’s anti-money laundering regime is not effective and B.C. should focus on strengthening its own anti-money-laundering initiatives.

Eby said he was sure his colleagues in Ottawa would be disappointed by failures of the federal money-laundering regime described in the report.

He called it an indictment of federal enforcement. "This is not receiving priority attention from the federal government," he said.

Cullen’s report is also highly critical of the RCMP, saying the Mounties’ “lack of attention” to money laundering allowed unchecked growth of the crime since 2012.

“There was no sustained effort to investigate money laundering activity in British Columbia. Between 2015 and 2020, there were only two other major money laundering investigations that progressed to the charge-approval stage. This level of attention by the RCMP to money laundering is not commensurate with the money laundering activity and risks in this province.”

The RCMP said in a statement it was reviewing the report, and it had participated fully in the inquiry.

"To be effective, the prevention, detection, and disruption of money laundering requires a collective effort," said Deputy Commissioner Dwayne McDonald, commanding officer of B.C. RCMP. "The RCMP, in collaboration with its partners, remains committed to continuing to combat money laundering and financial crime.”

Premier John Horgan appointed Cullen in May 2019 to lead the inquiry after several official reports concluded that billions of dollars linked to organized crime and the drug trade had affected B.C.'s gaming sector and the real estate and luxury vehicle markets.

The public inquiry’s mandate was to make findings of fact and recommendations, determine the growth and methods of money laundering and find out if regulatory agencies or individuals contributed to the problem.

Cullen said the aim of his report was to offer advice that is realistic, practical and effective.

"For too long money laundering has been kept on the sidelines,” he said. “Too often it has been largely ignored. It’s time for that to change.”

This report by The Canadian Press was first published June 15, 2022.

Dirk Meissner, The Canadian Press

Some highlight quotes from the B.C. money-laundering inquiry



VANCOUVER — The final report from the money laundering inquiry looking into cash from organized crime being filtered through British Columbia casinos, the real estate industry and elsewhere says RCMP, the federal anti-money laundering agency and the provincial government didn't do enough to stop the crime.



Here are some of the best quotes from the inquiry, the report and from Commissioner Austin Cullen:

"This Inquiry explored the myriad ways in which the greedy and the devious seek to make their crime-stained money appear legitimate," says the report from the Commission of the Inquiry into Money Laundering in B.C. released Wednesday.

"Sophisticated professional money launderers operating in British Columbia are laundering staggering amounts of illicit funds."

_

“The information was there to draw different conclusions about what was transpiring within the casinos, but, as I said in my report, I think there was a failure of will to deal with it,” Cullen told a news conference on Wednesday. “I don’t think that equates to deliberate or witting failure to deal with it, but I think it does represent a failure of will.”

_

“We’re getting large amounts of money coming into the casino in $10,000 bundles in elastic bands, that to me smells drug money,” Larry Vander Graaf, the former senior investigator with B.C.’s gambling regulator told the inquiry on Nov. 12, 2020.

Continuing his testimony the next day, he said: “They should have orchestrated something to prevent that money from coming in or at least say, ‘Where did you get the money?’”

_

Ross Alderson, the former director of the British Columbia Lottery Corporation’s anti-money laundering office, told the inquiry he was the "whistlerblower."

“Did I leak information to the media? Yes, I did. Would I do it again? Yes, I would,” Alderson told the inquiry on Sept. 9, 2021. “We wouldn’t be here today if I didn’t.”



"It wouldn't surprise me at all that when you've got that much cash floating around, some of it is going to be sourced inappropriately, some of it is going to be used inappropriately and so on, and you can attach whatever names you want to that," said former B.C. Lottery Corp. chairman Bud Smith, on Feb. 4, 2021, when asked about millions in cash buy-ins, mostly in $20 bills.

_

“The gap between the B.C. Lottery Corporation perspective and the Gaming Policy Enforcement Branch perspective was so significant that I had difficulty understanding which of the organizations I could turn to and rely on in terms of the best recommendations going forward,” Attorney General David Eby told the inquiry on April 26, 2021.

_

“The idea was never to try and get revenue at the expense of public safety or public confidence in our casino system. Stopping crime, stopping money laundering, was always a primary concern way over and above the revenue that came from (the B.C. Lottery Corp.)," former B.C. premier Christy Clark testified on April 20, 2021.

_

“As you look back, do you look back and say, 'Here's a problem that may have developed and I might have done things differently had I had different or better information at the time?'" Brock Martland, a lawyer for the commission, asked Rich Coleman, the gaming minister under the former Liberal government, on April 28, 2021.

“Hindsight's always 20-20,” said Coleman. “I didn't have better information at the time.”

_

“Viewed from the lens of what we now know, everyone could and should have responded more quickly to those large cash transactions,” said B.C. Lottery Corp. lawyer Bill Smart in his final summation at the inquiry on Oct. 15, 2021.

---

"We say if such a regime had existed during the period of inaction and wilful blindness, it is quite possible that many of the adverse effects of money laundering would have been mitigated," said lawyer Jitesh Mistry, who represents the B.C. General Workers Union, in final arguments to the inquiry on Oct. 18, 2021.

_

This report by The Canadian Press was first published June 15, 2022.

The Canadian Press

BC
Save Old Growth organizer fears his climate activism has made him a target for deportation

​An international student leading a controversial civil resistance campaign to end old-growth logging in B.C. is fearful the Canada Border Services Agency is looking to deport him.

Zain Haq, a co-founder of the Save Old Growth (SOG) protest group behind a recent series of highway blockades across the province, has been ordered to show up at a CBSA office.

The third-year history major at Simon Fraser University who hails from Pakistan is in Canada on a study permit, a document issued by Immigration Canada.

The 21-year-old activist has gone into hiding after talking to a number of lawyers who advised him it’s likely CBSA wants to detain him. He has yet to find a lawyer who will represent him.

“Basically, what all of them suggested to me was that I should pack light and be prepared to travel,” Haq told Canada’s National Observer on Thursday.

Ultimately, Haq is worried CBSA intends to deport him because of his activist work.

“It’s my suspicion and other people's suspicion that it’s due to political reasons,” he said.

“I’m feeling very anxious because it's very rapid. It’s a lot to actually process and work with.”

Some conditions for obtaining a study permit include obeying the law and the absence of a criminal record.

The SFU student has been arrested 10 times for acts of civil resistance at various climate-related protests since 2020.

And on Feb. 15, he was sentenced to two weeks in jail for criminal contempt of court after violating an injunction involving the Trans Mountain pipeline expansion (TMX).

He was also fined $1,500 in B.C.'s Provincial Court for his involvement in an Extinction Rebellion protest against TMX on Nov. 27 that blocked a Canadian National Railway line in Burnaby.

And he’s currently facing five charges of mischief, he said.

But despite being locked up for contempt of court, Haq doesn’t believe it technically results in a criminal record.

CBSA officers visited his apartment twice early this week when he wasn’t there, Haq said.

In the first instance on Monday, CBSA officers left a letter for him with his roommate ordering Haq to attend the border agency offices the next morning or risk arrest. They returned again the following day.

Haq said he didn’t see the letter until the morning in question and had no time to respond or seek legal advice.

The threatening letter did not provide any information about why he was being told to attend the border agency.

The CBSA summons occurred the same day Save Old Growth launched its recent campaign pledging a rash of road blockades in June.

There’d been no prior phone calls or letters before agents suddenly knocked on his door, he added.

Haq will try to avoid contact with CBSA until he can finish preparing along with SOG organizers for his possible deportation. But he also intends to present himself to the border agency once he's obtained legal counsel.

“Because I’m one of the central co-ordinators, this is a really bad time for this to happen,” he said.

“It's really important that our mobilization doesn't collapse.

“So, I’m just trying right now to figure out what the plan is for me potentially not being in the city.”

CBSA can’t provide information on specific cases generally considered protected under the Privacy Act, said Rebecca Purdy, CBSA senior spokesperson in an email to Canada’s National Observer.

However, the agency has a legal obligation to remove all foreign nationals and permanent residents who violate the Immigration and Refugee Protection Act (IRPA), Purdy wrote.

But before taking any enforcement action, CBSA reviews all relevant factors related to a case in tandem with IRPA violations outlined in sections 34 to 42, she said, noting cases that involve safety and security issues are prioritized.

“Serious inadmissibility cases (those involving criminality, national security, war crimes, humans rights violations and organized crime) are a top priority for the CBSA,” she added.

“All individuals who are subject to enforcement action by the CBSA have access to due process and procedural fairness,” she said.

“Those being removed have either exhausted, or chosen not to pursue further legal recourse and have no legal right to remain in Canada.”

But Haq questions whether his activities to emphasize the gravity of the climate catastrophe should be deemed illegal while governments' failure to act in the global emergency is not.

“Our framing is that the illegal activities are being conducted by the government, and we're trying to do something about it.”

He acknowledged there’s a measure of risk for anyone who takes part in civil disobedience movements.

“Other people stopped caring about their status, their jobs and their careers to enter resistance and risk arrest,” Haq said.

“Putting ourselves in harm's way is how we maximize the likelihood of success,” he said, adding SOG’s fearlessness has made it possible to attract and mobilize a large number of people.

The dangers of the accelerating climate crisis are greater than any individual personal risk, he said.

“We’re faced with mass starvation and extreme likelihood of societal collapse over the next few years.”

The 21-year-old activist said he could face political persecution if he is indeed deported back to Pakistan.

“It’s very likely because I'll obviously be engaging in similar activities if I go back, and that could obviously lead to my imprisonment, or worse,” Haq said.

“Whether I’m in Canada or back home, I think political persecution is going to be common if you're going to be on the right side of history.”

Rochelle Baker / Local Journalism Initiative / Canada’s National Observer

— With files from Patricia Lane / Canada’s National Observer

Save Old Growth protester shatters hip during blockade

A young man who fell from a ladder after it toppled during a protest against old-growth logging on a Vancouver Island highway was undergoing surgery for a shattered hip Tuesday afternoon.

Protester Trevor Mckelvie fell about 20 feet to the pavement when the ladder he was balanced on collapsed not long after an angry motorist held up by the blockade on the Patricia Bay Highway broke pieces off a support structure Monday morning.

The 26-year-old carpenter and volunteer firefighter, also known as Red, suffered a life-altering injury, said friend and Save Old Growth (SOG) organizer Sophia Papp.

He went in for what was expected to be a four-hour surgery on Tuesday afternoon at Victoria General Hospital, Papp said.

A police officer on scene examined video of the incident involving the driver, Papp said.

An RCMP spokesperson also told Canada’s National Observer Monday that there will be an investigation into the incident and cautioned frustrated motorists that police don’t condone illegal actions to bypass blockades.

A GoFundMe has been set up to help Mckelvie, who will likely remain in hospital for at least a week before needing months of recovery and rehabilitation, Papp said, adding it’s expected his injuries will make it impossible to return to carpentry work.

Protesters don’t want to risk their lives by inconveniencing people, but other efforts to save remaining old-growth forests as a means to curb the ongoing climate crisis have been ignored, she said.

B.C. has experienced the ravages of flooding, fires and deadly heat in the span of a year, she added.

“We are all walking into this climate catastrophe with eyes and ears open,” Papp said.

“And I cannot believe we have to resort to such scenarios … that it’s come to this to get people — either angrily or hatefully — engaged.”

It’s unlikely SOG protesters will reconsider the personal risks or the lengths they will go to try to get the public and province to respond to the climate crisis, she said.

“I think it would be a disservice to stop doing this. I truly do,” Papp said.

“I’m not asking for a car, house or pay raise,” she said.

“We’re doing this in service to humanity and the gravity of the climate chaos the world is in.”

The road blockades will continue until John Horgan’s NDP government passes legislation to end the logging of old-growth forests in B.C., SOG said in a statement.

On Tuesday morning, three SOG protesters were arrested for blocking traffic on the Trans-Canada Highway near the Horseshoe Bay ferry terminal after gluing their hands to the roadway.

Tuesday’s protest follows Monday’s launch of a daily disruption campaign that saw rush-hour road blockades at three locations and 14 arrests.

Despite acknowledging the frustration of inconvenienced motorists, Papp hopes serious injuries to SOG protesters won’t occur in the future. At past events, protesters took risks but weren’t badly hurt.

“This is definitely the first time where someone has sustained a permanent, life-changing injury,” she said.

“And I really, really hope it's the last.”

Rochelle Baker, Local Journalism Initiative Reporter, Canada's National Observer

PURGING TORY LAW

MPs pass bill removing mandatory minimum sentences from some criminal offences


OTTAWA — Members of Parliament voted to adopt the Liberal government's proposed legislation on mandatory minimum penalties Wednesday, bringing it another step closer to becoming law.



Bill C-5, which passed third reading in the House of Commons with a vote of 206 to 117, would amend the Criminal Code to remove mandatory minimum sentences for all drug convictions and for some firearms and tobacco-related offences.

Prosecutors would also be required to consider referring defendants to treatment programs or other support services instead of charging them for simple drug possession offences.

Justice Minister David Lametti has argued the changes, which reverse "tough on crime" measures passed under former Conservative prime minister Stephen Harper, would target the overrepresentation of Black and Indigenous people in the criminal justice system.

“The recent corrections and policing reports are a disappointing reminder that systemic discrimination and racism are a reality for too many in Canada’s criminal justice system,” Lametti said in a statement.

Thanks to an NDP amendment to the bill, existing criminal records associated with simple possession charges will now disappear within two years, or, for new convictions, two years after the end of the sentence.

NDP Justice Critic Randall Garrison said in a statement that the government’s acceptance of the provision is an acknowledgment of how “seriously flawed” their existing system for pardons is.

Garrison said the changes in the bill are long overdue. “We know that on this government’s watch, the percentage of Indigenous women in federal prisons has reached shocking and unacceptable levels.”

Canadian courts have already struck down some mandatory minimum sentences, calling them unconstitutional.

Still, Conservatives are holding fast on their line that Bill C-5 is “soft on crime” and “puts communities and victims at risk.”

Along with Independent MP Kevin Vuong, the Conservatives voted against the bill at third reading, while the other parties joined with the Liberals to pass it.

Conservative justice critic Rob Moore asserted in a statement that the mandatory minimums should stay in place, especially for weapons offences.

“Conservatives believe that serious, violent offences that are committed with firearms deserve mandatory prison time,” he said.

If the bill passes the Senate, it will be Liberals' first major move on the file after promising to review mandatory minimums in 2015.

Their previous version of the same legislation, Bill C-22, was introduced in February 2021 but died on the order paper when last fall’s federal election was called.

This report by The Canadian Press was first published June 15, 2022.

The Canadian Press

Liberals still mulling delivery of dental care as clock ticks to fulfil pledge to NDP

OTTAWA — The clock is ticking for the government to deliver on its ambitious promise to the New Democrats to deliver a dental care program for low- and middle-income uninsured kids by the end of the year, while cost estimates have nearly doubled.




The pledge is a key element of the Liberal government's deal with the NDP to stave off an election until 2025. The Liberals promised to provide coverage by the end of the year for children living in a household with an income of less than $90,000, expanding it next year to include under 18-year olds, seniors and persons living with a disability.

The plan is to fully implement the program by 2025.

The government has just over six months to launch a completely new program, but still appears to be in the consultation phase of the planning and hasn't settled on the most basic question: what form will this program take?

One option is for the program to be delivered as a federal transfer to provinces, which would either administer it alongside existing dental programs or amalgamate them together.

But the NDP have always pitched the program as a stand-alone federal dental insurance plan, administered by federal staff to fill the gaps in the patchwork of provincial and private programs across the country.

A third option to contract the program out to a private company is also on the table, according to several stakeholder groups who've been in talks with government officials but aren't able to speak publicly.

Each available path has its own pitfalls and would likely take more than six months to traverse, and it's not clear what concessions the NDP are willing to accept to get a federal dental-care program in place.

"We are driving dental care forward and are intent on delivering the stated goals. We believe we’ve found an excellent national model that meets expectations," said NDP health critic Don Davies in a statement Thursday.

The government's 2022 budget suggested the plan would cost $5.3 billion over the next five years, starting with a modest investment of $300 million this year to kick-start the kids program.

But in a legislative costing note, the PBO says the total cost of the program, if delivered as a transfer to provinces, could be closer to $9 billion, and the government would have to spend $939 million this year to get it going.

The PBO's report underscores just how complicated the government's task is in setting up a new dedicated program, the Canadian Dental Program said in a statement.

“While we fully support efforts by all levels of government to improve Canadians’ oral health, we’re concerned that the timeline previously announced may be exceedingly ambitious given the complexity of this issue," said Dr. Lynn Tomkins, the association's president.

The government has so far held several one-on-one and roundtable meetings with a large slate of stakeholders, including those with an interest in health care, oral health and insurance.

A task force has been stood up to navigate the various options. The executive director of that task force, Lindy Van Amburg, was not available for an interview.

Instead, Health Canada issued a statement to say that coverage will be provided for children this fiscal year, suggesting the government may be offering itself slightly more breathing room by giving itself until the end of March to fulfil its deal with the NDP.

"The government of Canada is committed to respecting the timelines that have been set out for this program, and will provide more information as the design of the program moves forward," the statement read.

Still, the timeline is ambitious. If, as the PBO interpreted, the government decides to download its dental care ambitions onto the provinces, it will need to get buy-in from 13 provinces and territories with a myriad of existing programs and their own unique industry landscape.

The dental association prefers this option because it would support existing programs that need funding, be less disruptive to the insurance sector and pose a lower risk of people going without coverage during the transition.

The Liberals went through a similar process to realize its cost-cutting goals for child care last year, but it took nearly a year to get all provinces and territories to agree.

The politics of signing new provincial and territorial dental care deals may also be complicated by the fact that several provinces, including Quebec and British Columbia, have emphatically requested more money from the federal health transfer with less political meddling from Ottawa.

Contracting out a federal program comes with its own headaches. Some stakeholders have told the government it could offer best value for money, but transparency and accountability could be lost in the event a private company takes over the coverage.

Awarding a multi-billion-dollar procurement process would normally take upwards of a year. Companies need time to prepare a bid, government officials need to carefully go through each one, and that's all before the winning company is able to start working on the program.

It's anyone's guess how long it would take to launch a federal bureau with dedicated government staff.

The government will need to pick an option before it can even begin delving into the arguably much more challenging and detailed work of deciding which services will be covered, how much reimbursement the plan will offer and how it will impact the industry at large.

It's also difficult to know precisely how much the program will cost. If, as some groups fear, provincial and employee insurance plans drop coverage and refer patients to the federal program, the Liberals' promise to the NDP could become much more costly, very quickly.

This report by The Canadian Press was first published June 16, 2022.

Laura Osman, The Canadian Press

Liberals table bill responding to Supreme Court decision on 'extreme intoxication'

OTTAWA — The federal Liberals tabled a bill Friday that seeks to eliminate "self-induced extreme intoxication" as a legal defence for violent crimes, after the Supreme Court struck down a similar provision in May.



Bill C-28, introduced by Justice Minister David Lametti, would create new language in the Criminal Code that creates criminal liability when a person who commits a violent crime is "in a state of negligent self-induced extreme intoxication."

For a person to be found criminally liable under the drafted update of Section 33.1 in the code, the court would need to consider the foreseeability of the risk that ingesting intoxicating substances could "cause extreme intoxication and lead the person to harm another person."

In making that determination, the court would have to consider anything the person did to avoid such a risk.

The bill defines "extreme intoxication" as intoxication that renders a person unaware of, or incapable of consciously controlling, their behaviour.

The new language is being proposed in response to the Supreme Court's unanimous decision that the previous wording of Section 33.1, which eliminated "self-induced intoxication" as a defence, was unconstitutional.


In the court's decision, Justice Nicholas Kasirer wrote that convicting someone for how they behave in a state of automatism, or when they are too intoxicated to stay in control, violates principles of fundamental justice.

Under the previous version of the law, the court found a person could be convicted without the prosecution having to prove that they acted voluntarily or that they ever intended to commit a crime⁠ — even though a "guilty action" and a "guilty mind" must ordinarily be present for someone to be found guilty of a crime.

The court upheld two acquittals of men who committed violent acts after voluntarily consuming drugs, and ordered a new trial in a third, similar case.

It suggested Parliament could enact new legislation to update the language of the Criminal Code and hold "extremely intoxicated" people accountable for their violent crimes⁠.

The section the court struck down had been added by the Liberal government of Jean Chrétien in 1995, in response to a Supreme Court decision that acquitted a man of sexual assault because he was blackout drunk at the time of the offence.

The court has made it clear that simply being drunk or high, short of a state of automatism, is never a defence for a criminal offence.

This report by The Canadian Press was first published June 17, 2022.

Marie-Danielle Smith, The Canadian Press

US Feds taking first steps toward revising race, ethnic terms

The federal government is taking preliminary steps toward revising racial and ethnic classifications that have not been changed in a quarter century following calls for more accurate categories for how people identify themselves in federal data gathering.


© Provided by The Canadian PressFeds taking first steps toward revising race, ethnic terms

The revisions could open the door to changes long desired by advocates on census and survey forms. Among them are a new category for people of Middle Eastern and North African descent who currently are classified as white and efforts to make categories less confusing for Hispanic participants.

The chief statistician of the U.S. said in a blog post Wednesday that her office was initiating a formal review of the race and ethnicity classifications maintained by the Office of Management and Budget which were first outlined in 1977 and have not been revised since 1997.

The purpose of any changes to the standards will be to better reflect the diversity of the U.S., said Karin Orvis, the chief statistician, who was named to the position by the Biden administration earlier this year.

The review will wrap up by summer 2024 after getting input from government experts across agencies and public feedback, according to the chief statistician. That date would be months before a presidential election that could lead to a stop to any revisions if there's a change in administrations. Momentum for changing the classifications grew in the years leading up to the 2020 census, but it was halted after then-President Donald Trump took office in 2017.

“I understand the importance of moving quickly and with purpose," Orvis said. “It is also important that we get this right."

Besides helping to provide a portrait of the demographic makeup of the U.S., the categories are used to enforce civil rights, voting rights and employment discrimination laws. Under current classifications, race and Hispanic origin are separate categories on census forms and surveys.

Some advocates have been pushing for combining the race and Hispanic origin questions, saying the way race is categorized often confuses Hispanic respondents who are not sure how to answer. Tests by the Census Bureau in the 2010 census showed that combining the questions yielded higher response rates.

The need to change the current standards can be seen in 2020 census results in which the “some other race" category surpassed African Americans as the nation's second-largest racial group. The “some other race" category was made up overwhelmingly of Latinos, said Arturo Vargas, executive director of NALEO Educational Fund.

“Right now, the Census Bureau knows the way it collects data is fundamentally flawed. It’s confusing and distorts the true nature of our nation’s diversity,” Vargas said. “For the Latino population, the current construct is flawed when it comes to Latinos being able to identify themselves as Latino and by the race category.”

Advocates also have been pushing for a category of Middle Eastern and North African, also known as MENA, for the once-a-decade census and other federal demographic surveys. The Census Bureau recommended adding a MENA category to the 2020 census form, but the idea was dropped by the Trump administration.

Several U.S. House members equated the lack of a MENA category to “the longstanding erasure of a group of our fellow Americans" in a letter this week to Office of Management and Budget Director Shalanda Young and Census Bureau Director Robert Santos.

“OMB standards determine how our political institutions distribute material resources, political representation, and research funding," said the letter from 18 House Democrats, including Michigan's U.S. Rep. Rashida Tlaib, the lone Palestinian American in Congress. “These resources are vital components of growth and development for any minority community, particularly those who experience historical barriers to meeting basic needs and accessing support."

Meanwhile, Asian communities also have been calling for more nuanced details. Grouping Asians together in a single race category masks wide variations among different Asian groups, according to advocates.

“Aggregated data points in health, education and other issues perpetuate the persistent and pernicious myth that all Asian Americans are affluent and well-educated — by not allowing for a deeper dive into the differences within subgroups," said Terry Ao Minnis, an official at Asian Americans Advancing Justice ' AAJC.

For many civil rights groups, updating the categories has been a priority for years.

“We have been calling for urgency on this matter,” Vargas said. “We are heartened that we are seeing some movement.

Mike Schneider, The Associated Press