Mining’s top ten ‘S’ trends in ESG for 2023

Elizabeth Freele and Rachel Dekker | January 17, 2023 | 

Stock image.

To say 2022 was tumultuous is an understatement. War, inflation, climate disasters, market volatility: the past year was anything but business as usual for most. ESG, which had seemed firmly embedded in business, began to experience a backlash, facing criticism as a “woke capitalist” distraction. Yet, a recent Harvard study indicates 81% of institutional investors in the US and 83.6% in Europe plan to increase their ESG allocations over the next two years.


And while climate change continued to dominate, biodiversity and other topics entered global sustainability discourse, revealing widespread recognition that the challenges we face today are deeply interconnected economic, political, social, and environmental issues requiring holistic, collective action.

With so much upheaval, it can be difficult to spot the trends and anticipate what lies ahead for mining companies and their ESG journeys. With standards and regulations ensuring social topics become more firmly embedded in expected ESG practice this year, expect “S” to feature more prominently. What might that look like? Here are our top 10 “S” trends mining companies should take note of and take action on in 2023.

1: Global crises driving local risk

Last year saw a confluence of global challenges that had decidedly local impacts. Global energy prices, political unrest, extreme weather and climate disasters, food shortages, inflation, supply chain disruptions, diminished ecosystem services, and lingering pandemic impacts affected the resilience of countries, regions, and communities.

The UN reported that, by August 2022, cost of living increases had already pushed 71 million into poverty this past year, while the IMF forecasts that 2023 will feel like a recession for many. Socio-economic stress often leads to social unrest and can also drive resource nationalism. In 2023, contributions to local poverty relief, liveability, and economic development can build resilience in your company’s operating context, contributing to stronger relationships and helping manage asset-level social risk.

2: Investors expecting more robust community practices

Codification of social management practices is maturing, including ICMM’s 2022 Performance Expectations and a growing list of industry and commodity -specific standards, principles, and protocols. In 2023, tailings management will be a key area of action, as ICMM members, responsible operators, and miners with particularly ESG-oriented investors implement the Global Industry Standard on Tailings Management (GISTM), which contains a robust set of expectations around community engagement, participation, and collaboration, as well as socio-economic assessment, that don’t reflect most companies’ current practices.

With strong investor endorsement, GISTM is raising the bar for operational community involvement across the industry in 2023, and companies will do well to review and/or upgrade their social management practices to avoid being caught flat-footed.

3: Mainstream operationalization of UNGPs

The UN’s Guiding Principles on Business and Human Rights (UNGPs) have rapidly become the global standard for corporate human rights, and particularly for asset-level community feedback (or grievance) mechanisms. Its Reporting Framework is backed by a coalition of 88 investors with US$5.3 trillion in assets under management. Multiple industry frameworks including the RGMPs, GISTM, IRMA, the Equator Principles, and ICMM’s Performance Expectations explicitly reference alignment with the UNGPs.

The Voluntary Principles on Security and Human Rights and the IFC Performance Standards help to operationalize the principles, as does MAC TSM’s operational grievance mechanism design guide. Even the new GRI Reporting Standards, effective January 1, 2023, include UNGP disclosure. The UNGPs are here to stay. As human rights legislation proliferates globally in 2023, and investors recognize the significance of human rights risk, companies can expect the UNGP “Effectiveness Criteria” to increasingly feature in mining ESG audits and due diligence.

4: Drive to improve DEI performance

Expectations of mining company action on diversity, equity, and inclusion (DEI) have grown rapidly in recent years. Several reports have now revealed widespread discrimination, harassment, racism, and sexual violence; findings that are symptomatic of industry-wide inadequate efforts to create safe and inclusive workplaces that attract and retain a variety of talent. And a range of stakeholders are taking note and taking action. While major proxy advisory firms update their proxy voting policies on DEI, asset managers seek disclosure on a broader range of DEI themes – mining CEOs have indicated to EY that DEI performance is the social topic on which they expect most investor scrutiny in 2023. Meanwhile, employees are voting with their feet. Workers leave mining more than other sectors, forecasted mining worker shortages are in the hundreds of thousands globally, and mining engineering degree enrolment is in decline in Canada, the US, and Australia. Mining companies will urgently need to understand and improve their DEI performance and worker experience to secure continued access to relevant talent in 2023.

5: Shifting materiality and ESG prioritization

As ESG matures, companies will need to shift away from outdated approaches to materiality and disclosure. Processes that focus excessively on opinions of select company and external stakeholders and communications that parlay one ESG success story into purported sustainability leadership fall short of what’s expected of companies today. No more cherry-picking only those areas of competitive advantage, strong performance, or trendy topics. Instead, meaningful materiality requires a robust understanding and analysis of your impacts (actual/potential and positive/negative) to prioritize ESG action and disclosure, even when it’s uncomfortable. While some continue to focus exclusively on financial materiality, this year will see “double materiality” (capturing both socio-environmental impacts and financial risk) emerge as a foundation for more effective enterprise risk management.

Social topics on which mining companies are likely to have impacts — such as human and Indigenous Peoples’ rights, DEI, cultural heritage, and community impacts — are likely to demand and receive more strategic ESG attention. And with ESG litigation on the rise as more stakeholders rely on sustainability information, any inaccurate analysis, action, and disclosure means risking great financial, relationship, and reputational costs.

6: ESG standardization and harmonization advances

Broad criticism of the vast inconsistencies among ESG disclosure standards, requirements, and related rating and ranking frameworks are prompting continued efforts to standardize and harmonize. This year will see the much-anticipated completion of the ISSB’s institutional and technical efforts to set the global standard for (investor-focused) sustainability-related disclosure. Meanwhile, recent and imminent ESG rating regulation, especially in the EU, suggests a trend of pushing from pure “enterprise value” ESG towards double materiality. Additionally, a systems lens is emerging across all ESG disclosure and assessment, which acknowledges the interconnected nature and deep complexity of sustainability issues such as climate change, persistent inequality, and loss of biodiversity and ecosystem services. As a result, companies can expect calls to pay closer attention to social impacts and community collaboration requirements in scenario and emergency response planning — whether for tailings management, climate change, nature loss, or operational emergencies – so that stakeholders can assess and compare the level of embeddedness and success of ESG practices.

7: Radical transparency

To help build credibility within an often-distrusted sector, both voluntary and mandatory disclosures are promoting radical transparency on impacts, risks, and performance. The GISTM, GRI, EU Corporate Sustainability Reporting Directive (CSRD), and other initiatives will set a new tone in 2023 for disclosure on a broader range of topics to a broader range of stakeholders. Transparency, including for co-design and collaborative risk management, will result in better-informed stakeholders. While companies may initially feel vulnerable about disclosure of, perhaps, imperfect practices or not-yet-good-enough performance, especially at a local community level, operators should prepare for these standards to usher in an era of enhanced transparency and new levels of community co-development in operational decision-making and risk management.

8: Lens on value chains

Value chains and their often hidden social and environmental risks and impacts are shifting into focus. Mandatory due diligence and disclosure requirements are emerging in jurisdictions and standards globally. Climate disclosure rules are expected in 35 jurisdictions and several, such as the US SEC’s regulations, cover Scope 3 (value chain) emissions. The ISSB plans to adopt the same scope. Meanwhile, human rights legislation, including the EU’s Directive on Corporate Sustainability Due Diligence, has been enacted or tabled in at least 15 countries (hosting over half of all ESG raters), many with a growing focus on modern slavery.

Mining companies, with their products being early in the value chain, can expect an increase in information requests and demands to demonstrate or improve their human rights performance. Downstream value chain partners and investors who, themselves, are under regulatory pressure to conduct human rights due diligence across supply chains and investment portfolios, may be compelled to divest from miners who cannot, in a timely manner, demonstrate good human rights practices and performance.

9: Growth of “green-hushing”

Last year, we anticipated a significant rejection of greenwashing by companies without the sustainability credentials to back up their commitments. Well, that happened, and then some… Companies rushing to put out vague and lofty commitments for the sake of having, say, a climate goal to point to, faced a backlash from critical stakeholders questioning the substance behind their objectives. We now see a growing new trend of “green-hushing.”

A recent South Pole report found that 25% of companies now don’t plan to talk about their science-aligned climate targets at all, usually to avoid scrutiny. This is detrimental to companies and the broader industry, hampering crucial industry knowledge-sharing on decarbonization, while possibly eroding stakeholder trust and social acceptability. In 2023, companies are advised to take a thoughtful, credible approach rather than opting for silence, such as by setting public objectives to deepen their understanding of issues like climate change before setting science-based emissions reduction targets.

10: Taking a stance on social issues

Russia’s invasion of Ukraine, more than anything before, demonstrated that not only consumer brands but mining companies, too, are expected to “care.” Several mining investors and operators opted to divest from or sell Russia-based assets and many more were compelled to issue position statements on the topic to clarify their rejection of Russia’s actions. The 2022 Edelman Trust Barometer suggested that “societal leadership” is now seen as a “core function of business” and forecasted that calls for business to take a stand on and engage even more in societal issues are growing.

But while stakeholders increasingly expect corporate action and positions on economic inequality, racial justice, LGBTQ rights, and other issues with social implications, PWC’s 2022 Corporate Director Survey suggests that most Boards are not substantially discussing social issues as part of their governance responsibilities and may be missing a key blind spot.

Overall, we have seen ESG become more deeply entrenched in global business and investment practice in 2022, a trend which shows no signs of abating in the year ahead, to the chagrin of some. Polarization and politicization of ESG are on the rise in the US and beyond. And, as a global recession looms, companies will need to balance the need to manage longer-term ESG risk while continuing to meet immediate financial performance objectives, even as development and operating costs continue to rise for many.

However, the underpinning principles of managing business risk and reducing adverse impacts through responsible governance and sustainable operations remain valid as ever, as interconnected challenges continue to pose familiar and unprecedented risks to companies globally. The number of consumers and investors who care about environmental and social issues only continues to grow, with a lens to the future and undeterred by the politics of the day. So, mining companies will do well to ensure their leadership and boards are equipped to manage and govern their businesses responsibly in a world of volatility and increasingly interconnected impacts; they may find 2023 is the year to cultivate that crucial social performance skillset.

Elizabeth Freele and Rachel Dekker are the co-founders and managing partners of mining sustainability think tank and ESG consultancy Sympact. Sympact supports companies in ensuring their social performance meets growing expectations through advisory services, training, and thought leadership products.

Britishvolt calls in administrators in blow to UK’s EV battery hopes

Reuters | January 17, 2023 | 

Computer rendition of lithium-ion batteries recycle plant. 

(Courtesy of Britishvolt )

Britishvolt, the UK startup which struggled to raise funds for an major electric vehicle battery factory in northern England, filed for administration on Tuesday in a blow to the country’s hopes of building a home-grown battery industry.


Britishvolt’s failure marks a step back for Britain’s car sector as industry officials and experts see domestic EV battery plants as essential to keep UK car production from shifting to mainland Europe.

Britishvolt had been in talks with potential buyers after securing a short-term funding lifeline in November to help keep it afloat.

Competing bids of around 30 million pounds ($36.8 million)from three early investors versus Indonesia-linked investment fund DeaLab Group were rejected by Britishvolt’s creditors.

“We remained hopeful that Britishvolt would find a suitable investor and are disappointed to hear that this has not been possible,” Britain’s business department said in a statement.

The department said it would continue to work with local authorities and potential investors to secure the best outcome for the site.

A team from accounting firm Ernst & Young’s restructuring arm EY-Parthenon have been appointed as administrators.

The administrators said Britishvolt had gone into administration “due to insufficient equity investment” for its ongoing research and development of its sites”.

A majority of Britishvolt’s 300 staff were told on Tuesday they were being made redundant with immediate effect, two sources familiar with the matter said.

“The news that Britishvolt is filing for administration is deeply disappointing, and a blow to the UK’s transition to cleaner, cheaper transport,” said Ben Nelmes, chief executive of British transport research firm New Automotive.
‘Shovel-ready’ location

Britishvolt had previously outlined ambitious plans for a 3.8 billion pound ($4.65 billion) 38 gigawatt-hour plant in England’s industrial north to build electric vehicle batteries.

The planned plant site at Blyth is regarded as Britain’s best “shovel-ready” location to make EV batteries at scale, with the land already acquired and planning permission in place.

The British government under former prime minister Boris Johnson had touted Britishvolt’s project as a major milestone toward building an EV industry as the country heads toward a ban on combustion engine cars in 2030.

The government had committed 100 million pounds to Britishvolt’s plant, to be paid out once construction began. On Tuesday it confirmed no grant had been paid out because the private funding milestones had not been met.

“Back in July Boris Johnson when he was the prime minister told me that the cheque was in the post to Britishvolt,” opposition Labour politician Ian Lavery said in a statement. “But the reality is they have never received a penny from the government.”

Britishvolt had only raised around 200 million pounds by summer 2022 and had pushed back its production timeline.

Rising interest rates and the risk of recession have made fundraising much harder for many startups – especially those seeking huge sums for vast projects like an EV battery plant.

To comply with trade requirements with the European Union, a large part of an EV by value must be built in Britain to avoid tariffs.

Britishvolt had received backing from mining giant Glencore, which kicked off a funding round for the startup last February.

Industry experts estimate Britain needs four to six large battery plants to sustain a healthy car industry.

It currently has one small 1.9 gigawatt-hour (GWh) Nissan plant in Sunderland, northeast England. The Japanese carmaker is building a second 9 GWh plant at the same location with Chinese partner Envision AESC, which could expand to 25 GWh.

($1 = 0.8168 pounds)

(By Nick Carey, Michael Holden and Sachin Ravikumar; Editing by Kylie MacLellan, Louise Heavens, Jane Merriman and Emelia Sithole-Matarise)

Skeena Resources signs Process Charter for Eskay Creek gold project in British Columbia

Staff Writer | January 17, 2023 | 

Eskay Creek project in British Columbia. Image from Skeena Resources.

Skeena Resources (TSX: SKE, NYSE: SKE) announced Tuesday the signing of the permitting Process Charter and other key milestones in the approval process for the Eskay Creek gold-silver project located in Tahltan Territory in the Golden Triangle of British Columbia.


The property hosts the former Eskay Creek mine that produced 3.3 million oz of gold and 160 million oz. of silver from 1994 to 2008. The Process Charter is a collaboration between Skeena, the Tahltan Central Government (TCG), and the Government of BC.

The signed document establishes a workplan for all parties to collaborate on an efficient Environmental Assessment (EA) and permitting process for Eskay Creek. The target timelines established in the Process Charter outline the EA Certificate being received in H2 2024 and final permits to be issued in H1 2025. These dates align with the development timeline anticipated for the project.

“The TCG recently finalized the Process Charter for Eskay Creek,” Connor Pritty, TCG Lands Director said in a news release. “It is an example of how Skeena is continually working with the Tahltan Nation to redefine how project approval processes are carried out within our Territory.

“We are working together to effectively integrate Tahltan knowledge, process requirements and decision-making specific to Eskay Creek,” Pritty said. “The TCG Lands Department looks forward to continuing to work with the team at Skeena.”

“The Process Charter is a significant step forward in the approval process for Eskay Creek,” Skeena’s President & CEO, Randy Reichert said in the statement.

“The signing of this document demonstrates the commitment from all parties on permitting the Project in an efficient and timely matter. We appreciate the efforts and collaboration shown by both the TCG and the Province in achieving this major milestone.”

Skeena has worked closely with the TCG, Federal and Provincial regulators, Indigenous Nations, and communities to advance the EA process for Eskay Creek. On November 18, 2022, both the EA Office and TCG provided a positive Readiness Decision for the Project which advanced it to the Process Planning stage. On November 29, 2022, the Federal Minister of Environment and Climate Change approved the substitution of the impact assessment to the BC Environmental Assessment Office.

The substitution decision means that instead of doing two separate assessments on Eskay Creek, the BCEAO conducts a single assessment that meets both Provincial and Federal requirements.

How abandoned mines can become clean energy storage systems

Staff Writer | January 17, 2023 |

Abandoned mine entrance in Oregon. (Reference image Thomas Shahan, Flickr.)

An international team of researchers has developed a novel way to store energy by transporting sand into abandoned underground mines. The new technique, called Underground Gravity Energy Storage (UGES), proposes an effective long-term energy storage solution while also making use of now-defunct mining sites.


In a paper published in the journal Energies, the scientists explain that UGES generates electricity when the price is high by lowering sand into an underground mine and converting the potential energy of the sand into electricity via regenerative braking and then lifting the sand from the mine to an upper reservoir using electric motors to store energy when electricity is cheap.

Regenerative braking is an energy recovery mechanism that slows down a moving vehicle or object, such as an elevator, by converting its kinetic energy into a form that can be either used immediately or stored until needed. In other words, the electric traction motor uses the vehicle’s momentum to recover energy that would otherwise be lost to the brake discs as heat. Regenerative braking system lifts are already applied in newly highly energy-efficient buildings.

 

Underground Gravity Energy Storage system: a schematic of different system sections. 

(Graph by Hunt et al.).

Based on this principle, the main components of UGES are a vertical shaft, a motor/generator, upper and lower storage sites, and mining equipment. Using the shaft and electric motor/generators, large volumes of sand are lifted and dumped. The deeper and broader the mineshaft, the more power can be extracted from the plant, and the larger the mine, the higher the plant’s energy storage capacity.

“When a mine closes, it lays off thousands of workers. This devastates communities that rely only on the mine for their economic output. UGES would create a few vacancies as the mine would provide energy storage services after it stops operations,” Julian Hunt, lead author of the study and a researcher at the International Institute For Applied Systems Analysis, said in a media statement.

“Mines already have the basic infrastructure and are connected to the power grid, which significantly reduces the cost and facilitates the implementation of UGES plants.”

According to Hunt, other energy storage methods, like batteries, lose energy via self-discharge over long periods. The energy storage medium of UGES is sand, meaning that there is no energy lost to self-discharge, enabling ultra-long time energy storage ranging from weeks to several years.

The researcher noted that the investment costs of UGES are about 1 to 10 USD/kWh and power capacity costs of 2 USD/kW. The technology is estimated to have a global potential of 7 to 70 TWh, with most of this potential concentrated in China, India, Russia and the United States.

“To decarbonize the economy, we need to rethink the energy system based on innovative solutions using existing resources. Turning abandoned mines into energy storage is one example of many solutions that exist around us, and we only need to change the way we deploy them,” study co-author Behnam Zakeri said.

Scientists think Jupiter’s moon Io may be home to alien life
Story by Joshua Hawkins • BGR

Scientists think Jupiter’s moon Io may be home to alien life

artist impression of Io, Jupiter's moon© Provided by BGR

The volcanic moon, which orbits the gas giant Jupiter, has long been written off as a possible home for alien life, as its extreme temperature and lava-covered surface make it wholly inhabitable. But, now scientists say that the volcanic moon could house life deep underground, perhaps even in the lava tubes that help deliver molten rock to the planet’s surface.

It’s an intriguing notion, that alien life might exist on Io, and it is one that doesn’t come lightly. Juno, one of NASA’s spacecraft currently studying Jupiter and its moons, has been sending data back about the Jovian moons for months. Juno sent us terrifying images of Io just last month, giving us a good look at the planet’s bright surface.

Most of the information we have about Io is old, dating back to when the Galileo spacecraft toured the Jovian system over 20 years ago. We know that Io is roughly the same size as our Moon, and that it features an active lava lake, lava flows, mountains, and more. Another big difference could be the existence of alien life on Io, an exciting prospect that begs scientists to look deeper into the moon.


photo of Io, jovian moon© Provided by BGR

The idea here is that microbial growth could be living in the lava tubes that cover Io, allowing the lava from the planet’s core to seep to the surface. Here on Earth, similar growth lives in the lava tubes that pockmark our planet. The idea, then, is that Io could be similar and that alien life of some kind could live in those tubes.

According to a report shared by Big Think, recent simulations of Io show that the tidal heating on the moon is keeping magma liquid below the surface of the planet. However, some of the eruptions on the Jovian moon are so violent that they send magma hundreds of kilometers into space. The tubes that these eruptions send lava through at times could be where alien life on Io is hiding.

Of course, the water scarcity on the moon is problematic, which is where the sulfur that Io is made of might come in handy. This would most likely act as an alternative to water, allowing the existence of microbial ecosystems. Io wouldn’t be home to intelligent alien life, as you might think of it, but it is still alien life, which makes this possibility exciting for many those taking part in the search for alien life in the universe.

A mental health crisis in Canada is fuelling billions in losses for employers

Story by Victoria Wells • Financial Post

One in five people are dealing with mental illness each year.

Workers are still struggling almost three years after the pandemic sent Canadians’ mental health to new depths and that’s costing employers billions of dollars.

Employee mental health is “strained,” said Paula Allen, global leader and senior vice-president, research and total well-being, at Lifeworks Inc., a unit of Telus Corp.’s health division. Almost half of all employees report being more sensitive to stress, and 34 per cent are considered high risk for mental-health impacts, meaning depression or anxiety are interfering with their lives, according to the human resources company’s latest research.

“I think employers would be shocked to actually know how many people in their workforce are struggling significantly and coming to work every single day with a big smile,” she said.

One in five people are dealing with mental illness each year, and one in two has had one by the time they’re 40, the Centre for Addiction and Mental Health said on its website. But access to treatment is lacking, and only half get the help they need.

It being January isn’t helping matters, given that the third Monday of the month has been dubbed Blue Monday, or the most depressing day of the year. Blue Monday doesn’t have any basis in research, but it does shine a light on well-being at a time when holiday bills are rolling in, new year’s resolutions have been abandoned and the lack of light in the Northern Hemisphere all compound feelings of fatigue, depression and anxiety.

The winter doldrums are bad enough, but stressors from last year also haven’t gone away. Workers are still feeling isolated — a major contributor to poor mental health — which is made worse for some by the continuation of remote work . Many are also still stressed from being thrust into a state of hyper-vigilance during the pandemic. Add to that political polarization and a war in Europe, and people are left with a kind of low-grade malaise that builds up over time, creating more risk to their mental well-being.

“We’re going through a lot of upheaval,” Allen said. “People are really just on edge.”

A potential recession and the soaring cost of living have to be dealt with as well. Inflation and rising interest rates have put major pressure on people’s budgets, fuelling the highest level of stress around money since the 2008 financial crisis, with 61 per cent of employed North Americans feeling more stress now than this time last year, according to research from Ceridian HCM Inc. and the Financial Wellness Lab of Canada.


More than 80 per cent of North Americans spend time during their workdays worrying about money.© Getty Images/iStockphoto

That stress is eating into people’s workdays and more than 80 per cent of North Americans admit to taking time from work tasks to think about their personal finances. Almost a quarter of them spend an hour or more per day worrying about money. The result: billions of dollars in lost productivity , clocking in at US$50 billion in Canada and US$614 billion in the United States, the Financial Wellness Lab estimates.

In addition to the lost productivity toll on companies, mental-health disability claims are rising , up 8.7 per cent in 2021 from 6.4 per cent in 2019, Statistics Canada data shows.

The financial impacts should be enough reason for employers to take action on workers’ well-being, and some have. For many, that comes in the form of offering employee assistance programs (EAPs), which provide counselling and support services. Those initiatives aren’t just a perk, Allen said. They save lives.

But posting the EAP hotline number in the staff break room and calling it a day isn’t enough, experts say. Employers must also focus on creating workplaces that promote respect and inclusion, both of which are vital for well-being. That might mean training managers to address employee concerns, and how to spot and help a worker in crisis. Those measures create a productive work environment, and keep employees feeling supported, leading to greater loyalty and retention, thereby eliminating the costs of hiring and training in a tight labour market.

Of course, mental health isn’t solely the responsibility of employers. January is an ideal month for individuals to take steps to shore up their own well-being as well as that of those around them. “At this time of year, we have to really be intentional about taking as much control as we can and supporting each other as much as we can,” Allen said.

She suggests making concrete plans to connect with friends, which buoys mood by creating something to look forward to and addresses isolation. Seeking professional help is another option, especially if the dark and gloomy days of winter are taking a major toll. People should also ensure they’re not putting off seeking help, since that can turn a difficult situation into a crisis, Allen said.

“Don’t take mental health for granted,” she said. “Every single one of us has a certain level of vulnerability, and often we don’t know how extensive that vulnerability is until we’ve crashed right through it.”

A popular adage states: be kind, you never know what someone might be going through. It’s a saying worth following if you’re paying attention to mental-health statistics. With so much of our time spent working, employers have a unique opportunity to make a difference. If bosses aren’t moved by the ethical and human case for addressing employee mental health, perhaps the financial benefits will be enough to move their hand.

LEFT WING CRITIQUE, IT'S CANADA

Canadian lawyers accusing Twitter of stifling free speech score first victory in novel lawsuit

Story by Tom Blackwell • 

It is a special kind of outrage in this digital age: the reaction to being blocked or censored by a social media platform like Twitter. Some Americans, including ex-president Donald Trump, have resorted to legal action to fight what they consider a breach of their freedom of expression.


A scene from B.C.-made documentary The New Corporation, whose makers are suing Twitter for refusing to run a paid tweet promoting the film.

© Provided by National Post

But in citing their constitutional rights those litigants have all faced the same immutable hurdle. The United States’ first amendment, like the Charter of Rights and Freedoms in Canada, applies just to government, not private individuals or companies.

No one has a constitutional right to tweet.

But a unique Canadian lawsuit that just scored its first win in the courts is taking a creative new approach to the issue, claiming that Twitter is breaching contract law — not the Charter directly — with its alleged restrictions on free speech.

The case is challenging Twitter’s decision to refuse to run a paid tweet for a B.C.-made documentary — The New Corporation — that’s critical of large corporations. The company tried to have the legal action thrown out, but an Ontario Superior Court judge recently ruled it had enough merit to move ahead.

The novel legal approach could be applied in countries throughout the world with similar constitutions, argued Sujit Choudhry, one of the two lawyers spearheading what he calls a “global test case.”

“The stakes are high for Twitter,” he said. “If the door is opened to a Canadian court to second-guess Twitter’s use of its platforms … it won’t be the last case.”

Canada to summon Russian ambassador over 'hateful' anti-LGBTQ tweets

Twitter bans Ottawa law professor Amir Attaran for saying Trudeau should be 'tarred and feathered'

Meanwhile, he and Joel Bakan, the other lawyer behind the suit and the movie’s producer, say they’re struck by the fact the company has vigorously opposed a legal action aimed at increasing freedom of expression on the platform — as new CEO Elon Musk boasts of being a “free-speech absolutist.”

A Twitter spokesperson could not be reached for comment by deadline.

But in written legal arguments , the company says there is nothing in contract or any other law that obliges it to let users do and say whatever they want on the site. In fact, a court that imposed such a requirement would be breaching the platform’s own freedoms, says the factum submitted to court by the firm’s Toronto lawyers.

“Twitter retains absolute discretion to decide which tweets can and cannot be promoted,” they argue. “Asking this Court to order that Twitter sell the Applicants an advertising product is antithetical to the freedom of expression protected by … the Charter.”

Several social media users in the U.S., where the constitutionally enshrined right to free speech knows almost no bounds, have tried to fight legally when their posts have been censored or their accounts suspended or cancelled. And lost.

A judge rejected Trump’s challenge of his Twitter ban last May, noting that the constitution does not apply to private companies and that the former president had failed to prove it was somehow working in concert with government.

The civil-rights-focused Chandra Law Firm says on its website that potential clients often ask if they can sue social media sites for violating their first-amendment rights. “The answer is always ‘no.’ Not if you expect to get anything out of it, anyway…. Please do not contact us about this.”

In the Canadian case, a boutique, one-woman ad agency in Vancouver tried to buy paid tweets to promote the well-reviewed documentary , which is partly funded by the federal government and available on the Crave cable and streaming service. Paid tweets look like regular ones but are given increased reach and are targeted at specific audiences. Twitter refused, citing in part its political and inappropriate content rules.

The film’s producers were welcome to advertise with “organic,” free tweets, but Twitter believes that getting wide reach for political messages “should be earned, not bought.”

Bakan says the platform does not overcome free expression problems by offering less-restricted use of organic tweets, as they are not nearly as effective as the paid ones.

In court, the group then argued that the company had violated contract law, largely because such agreements — even if not protected directly by the constitution — must still comply with basic constitutional and legal values under the “doctrine of public policy.”

A Mafia payment to murder someone, for instance, or a trust that doesn’t allow Black people to participate are contracts that would not be recognized by the courts under the doctrine, said Bakan.

“The (Supreme) Court has said that contract clauses that violate constitutional values violate public policy and shouldn’t be enforced,” he added. “These clauses that Twitter is relying upon and even more so the absolute discretion they’re claiming completely negate freedom-of-expression values, and that violates public policy.”

While the documentary at the heart of the case offers a left-wing critique of capitalism, Choudhry and Bakan say their arguments apply equally to conservative content on Twitter.

The company responds first that there was no contract between the parties, since it never accepted the request for a paid tweet. But even if there was a contract, the public policy doctrine would not apply because it is triggered only if there is “illegality, immorality, restraint on trade, injury to the state or injury to the justice system.”

That Twitter continued to fight the lawsuit — and argue it has “absolute discretion to muzzle any speech they want” — even after Musk took over in October suggests it has more on its mind than just open expression, said Bakan.

“He wants free speech, but he wants even more that courts and government should not be deciding what free speech is on his platform.”

JUST ( DON'T SAY) TRANSITION

'Tomorrow's hydrogen superpowers': Ottawa gives $9.74 million to Alberta sector

Story by Hamdi Issawi • 

Canada’s government is funding Alberta’s hydrogen economy to the tune of $9.74 million in a bid to position the province as a global leader in the sector.

Federal cabinet ministers Randy Boissonnault. left, and Dan Vandal announce federal funding to support Alberta's hydrogen economy at the Alberta Motor Transport Association office at the Edmonton International Airport on Tuesday, Jan. 17, 2023.© Provided by Edmonton Journal

Ottawa announced the support Tuesday through Prairies Economic Development Canada (PrairiesCan), a federal department charged with diversifying economies in Alberta, Saskatchewan and Manitoba.

Dan Vandal, federal minister responsible for PrairiesCan and northern affairs, delivered the news from the Alberta Motor Transport Association (AMTA) office at the Edmonton International Airport.

“This investment will improve access to hydrogen fuels, support hydrogen product testing, attract investment to Alberta’s hydrogen industry and increase the availability of quality training opportunities related to the commercialization of hydrogen technologies,” Vandal said.
‘We need to move aggressively’

Just over $3.74 million of the sum will support two efforts by Edmonton Global, a not-for-profit corporation founded by members of the Edmonton Metropolitan Region to aid exports and attract investment, PrairiesCan said in a news release.

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The lion’s share of Global Edmonton’s envelope ($3 million) will fund foreign investment initiatives, including international events such as the 2023 Canadian Hydrogen Convention in April, PrairiesCan said, while the remainder will help the corporation develop the region’s hydrogen supply chain and labour market, including a database of small and medium-sized businesses capable of joining the supply chain.

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Enzo Barichello, board chairman for Edmonton Global, said the region is in the midst of an international race as countries around the world vie to be “tomorrow’s hydrogen superpowers.”

“We cannot let this opportunity escape our region,” Barichello said. “We need to move aggressively to take advantage of this.”

AMTA and the University of Alberta will receive $3 million to improve access to hydrogen fuel and encourage uptake, PrairiesCan said, which includes the acquisition of hydrogen fuelling equipment to pilot buses and heavy equipment in Edmonton and Calgary.

AMTA president Willie Hammel said association staff and members are focused on shifting to a low carbon future, and the announcement represents a “big step” in that direction.

“The funding is going to speed up the adoption of hydrogen in the Alberta heavy vehicle sector, which is going to be a real game changer for us and for our environment,” he said.

Unlocking Alberta’s potential

Likewise, PrairiesCan said C-FER Technologies in Edmonton will receive $3 million to upgrade the organization’s test facility for hydrogen fuel infrastructure, equipment and technologies. A subsidiary of Crown corporation Alberta Innovates, C-FER Technologies describes itself as a not-for-profit organization that helps clients in the energy industry improve safety, efficiency and their effect on the environment.

Brian Wagg, director of corporate services for C-FER Technologies, said the funding will allow the organization to help small and medium enterprises — as well as service companies, manufacturers and regulators — improve hydrogen technologies and provide information to create new standards for transportation and storage of the product.

Edmonton Mayor Amarjeet Sohi recognized the funding as an opportunity for local economic growth and Alberta jobs while addressing climate change by promoting a low-carbon energy source.

“In order for us to unlock our potential, we need to create local demand here, and this announcement allows us to do so,” Sohi said at the news conference. “This allows us to work with the industry testing technologies,” such as buses and heavy-duty trucks.

The federal government’s hydrogen strategy aims to create 350,000 jobs in the sector by 2050, and estimate’s Canada’s share of the global hydrogen market at $50 billion per year with implementation of the plan.

“Together, government and industry partners can meet the challenge to create and to scale up Alberta’s hydrogen economy for the province and for Canada,” Vandal said.

@hamdiissawi

Canada ‘limited’ on ability to help Afghans, Trudeau says after ex-MP killed

Story by Rachel Gilmore • GLOBAL NEWS

A woman looks at a picture of former Afghan lawmaker Mursal Nabizada on her mobile phone, who was shot dead by gunmen at her house in Kabul on January 15, 2023. - Mursal Nabizada had been a member of parliament in the previous Western-backed regime who had turned down the opportunity to flee Afghanistan when the Taliban seized power in August 2021. "Nabizada, along with one of her bodyguards, was shot dead at her house," Kabul police spokesman Khalid Zadran said on January 15.

© WAKIL KOHSAR/AFP via Getty Images

Opposition to Taliban’s oppression of girls and women
Duration 1:58  View on Watch

Prime Minister Justin Trudeau says Canada is "limited" in what it can do to help Afghans leave the country, as fresh calls to help more people flee emerge following the killing of former Afghan parliamentarian Mursal Nabizada.

The former lawmaker, a fierce advocate for women and girls in the region, was shot and killed by gunmen in her Kabul home on Sunday -- the first slaying in the capital of a lawmaker from the previous administration since the Taliban's takeover.

The development prompted Canadian parliamentarians to issue fresh calls for the government to speed up its efforts to bring home the other eight female former Afghan lawmakers. But, Trudeau said, the Taliban is making it difficult to heed the calls.

"We're going to continue working to make sure that the most vulnerable people are able to get out," the prime minister said, speaking to reporters on Tuesday.

"At the same time, we have to recognize that the Taliban is not allowing people to leave, it's putting people at risk. So our ability to do that is extremely limited."

Still, Trudeau pledged to "continue to be there for the Afghan people."

"Our heart breaks for the people of Afghanistan right now," he said.

Afghanistan women barred from working at foreign, local NGOs by Taliban

Duration 1:45  View on Watch

An all-party group of six MPs released a joint statement on Monday saying they've worked together since last October to bring the remaining female former lawmakers to safety.

The "brutal gender apartheid system" in Afghanistan, they said, is growing more dangerous by the day.

"For the sake of the lives of these eight women, we urge the Canadian government to act on this matter urgently and take immediate action to assist in getting these women to safety," the statement read.

In a joint statement sent to Global News late Monday, both Foreign Affairs Minister Melanie Joly's office and Immigration Minister Sean Fraser's offices reiterated the government's pledge to resettle "at least 40,000 Afghan nationals by the end of 2023."

"Almost 30,000 Afghan refugees now call Canada home. Among them are hundreds of women leaders, including judges, human rights defenders, journalists, community organizers, and Members of Parliament," the statement read.

"We’ll continue to do everything we can to welcome Afghans safely and quickly."

That effort, the statement added, includes working with opposition MPs on the issue -- and to "bring more women leaders to Canada."

Still, some opposition MPs questioned whether the government's efforts are enough. In a tweet on Sunday, NDP MP Heather McPherson -- one of the MPs behind the joint, all-party statement -- called Nabizada's killing "heartbreaking."

"For months, I have worked with MPs from all parties to bring Afghan MPs still trapped in Afghanistan to safety to Canada," she wrote.

"I can’t help but wonder if MP Nabizada would be alive today if the gov’t had acted faster."

Meanwhile, Canadian politicians have spoken out against the killing. Both Joly and Fraser's offices condemned the violence as a "horrific crime."

"We condemn the murder of Mursal Nabizada, a former Afghan parliamentarian, who bravely fought for the rights of women and girls," the statement read.

"We offer her loved ones our most sincere condolences. We stand with them in pursuing the accountability they deserve. The perpetrators of this horrific crime must be brought to justice."

Nabizada was among the few female parliamentarians who stayed in Kabul after the Taliban seized power in August 2021. Police say one of her bodyguards was also killed in the attack on Sunday.

The example Nabizada set, the ministers' offices wrote, will "continue to be an inspiration for those fighting for change and human rights across the world."

"Canada will continue to advocate for a coordinated effort by the international community to support Afghan women and Afghan human rights defenders and to pressure the Taliban to uphold human rights," the statement went on to say.

Meanwhile, with each passing day, the Taliban continues its crackdown on women's rights in the region.

After their takeover, the Taliban initially said they would not impose the same harsh rules over society as they did during their first rule of Afghanistan in the late 1990s.

But they have progressively imposed more restrictions, particularly on women.

They have banned women and girls from schooling beyond the sixth grade, barred them from most jobs and demanded they cover their faces when outside.

-- with files from The Canadian Press, The Associated Press.

January 8: Bringing Brazil's rioters to account

Issued on: 18/01/2023 - 

A page from the Brazilian newspaper O Globo featuring the faces of rioters who stormed key buildings in the capital Brasilia on January 8 2023 

 NELSON ALMEIDA / AFP

Brasília (AFP) – Brazil has faced a herculean task in processing hundreds of people detained in the country's biggest-ever once-off roundup of suspects following violent riots in the capital on January 8.

More than 1,000 will likely face charges for the invasion of the presidential palace, Congress and Supreme Court a week after the inauguration of leftist President Luiz Inacio Lula da Silva.

A prosecutor involved in the case has described the process to AFP on condition of anonymity, as he does not have authorization to speak on the record.

The detainees

More than 2,000 people were arrested immediately after the riots by backers of far-right ex-president Jair Bolsonaro.

Of these, about 300 were detained at the scene of the crime but the majority were rounded up at an encampment of Bolsonaro supporters some eight kilometers (five miles) away, where they had returned after taking part in the uprising.

Nine days later, some 1,400 remain in custody.

Men are being held at the Papuda prison and women at Colmeia, both in Brasilia and both severely overcrowded as a result.

Papuda with its capacity for 1,176 detainees was accommodating 2,139, according to the latest update from the prisons authority.

Colmeia had 1,148 detainees for its 1,028 capacity.

The suspected rioters were being held separate from the rest of the prison population.

"Many of them are from other cities and states and will be transferred... out of Brasilia" in the coming days to await trial, said the prosecutor.

More than 600 have already been released pending further investigation -- mainly elderly people, pregnant women and mothers with small children now awaiting their fate in freedom.

The charges

Federal Supreme Court (STF) Justice Alexandre de Moraes is in charge of supervising the investigation and prosecution of all the rioters.

The detainees face a variety of charges under the umbrella of "anti-democratic acts."

These include criminal association, attempting to subvert the democratic order, involvement in an attempted coup d'etat and incitement to crime, according to the Federal Police.

Among the more serious charges, involvement in a "coup d'etat" carries a possible sentence of up to 12 years, according to Brazil's penal code.

There was much talk directly after the events -- including from Lula -- of "terrorism" charges, which carry a maximum penalty of 30 years.

However, according to the law, the crime of terrorism requires an act to have been carried out "for reasons of xenophobia, discrimination or prejudice based on race, color, ethnicity or religion," whereas the riots were political.

"It is possible" that no "terrorism" charges will be brought in the end, said the prosecutor.

Initial hearings

By Tuesday, some 1,400 initial custody hearings had been held.

These are to confirm that a detainee's rights and welfare are being respected.

Given the overwhelming number of suspects, all the hearings were held via video conference, with judges in Brasilia receiving help from judges in other districts.

The ranks of prosecutors, too, were boosted by personnel from other regions.

"It was a week of 18-hour days," said the prosecutor.

Some 100 federal prosecutors in total worked on the 1,400-odd cases.

Hundreds of defense lawyers -- public and private -- were also involved.

"In a normal situation, with a normal crime, the custody hearing must happen within 24 hours and a judge must decide immediately" whether to free a suspect or not, the prosecutor explained.

"But there is jurisprudence that in exceptional cases, this period can be extended. This is an absolutely exceptional case."

At about 1,000 of the hearings, prosecutors sought preventive detention for the accused. If granted, the conditions for continued detention must be reconsidered every 90 days.

In the rest of cases, prosecutors agreed to suspects being released on bail or house arrest pending trial.

For preventive detention to be ordered, prosecutors must show that a person is likely to commit further crimes if freed: in this particular case, that they continue to pose a threat to the public order.

With the case ultimately in the hands of the STF, judge De Moraes is the one who will decide who remains in prison to await trial, said the prosecutor.

With the custody hearings all but over, the work of bringing criminal charges against the individuals will now move to the office of Bolsonaro-appointed prosecutor general Augusto Aras.

On Monday, the prosecutor general filed his first charges -- against 39 suspected rioters.

Trials

Will there be one big case or many small ones? Will the STF hear them all, or will the cases be sent back to lower courts? This must all still be decided.

What is clear, is that it will take a long time -- possibly years with appeals included -- for the legal process to run its course.

© 2023 AFP