Wednesday, November 08, 2023

Election Day: Ohio voters approve abortion rights, marijuana; Kentucky governor wins re-election

By Joe Fisher & Sheri Walsh

Voters in Ohio on Tuesday approved a measure to enshrine the right to seek reproductive medical treatment, including an abortion, in the state constitution. 
File Photo by Aaron Josefczyk/UPI | License Photo

Nov. 7 (UPI) -- Voters across the country cast their ballots Tuesday on divisive state issues, including in Ohio where voters approved a measure to enshrine abortion access in the GOP-leaning state's constitution and voted to legalize marijuana.

Ohio's abortion amendment -- Issue 1 -- protects the right to seek reproductive medical treatment, including an abortion. It also bars the state from penalizing anyone who has an abortion or provides the treatment.

Ohio held a special election in August to raise the threshold required to approve constitutional amendments, but it failed. The measure would have raised the threshold for approval to 60%. Instead, Issue 1 needed a simple majority to pass, and was approved with 59% of Ohio's voters saying "yes," as 41% voted against the measure.

Ohio's measure to legalize recreational marijuana also passed Tuesday night with nearly 56% of voters saying "yes" to the measure that will allow Ohioans to legally possess and grow marijuana with some restrictions. Twenty-three states currently allow legalized recreational marijuana use.

Meanwhile, Texas had 14 constitutional amendments on the ballot. One amendment, Proposition 3, would ban the imposition of so-called wealth taxes. As of Tuesday night, the wealth tax ban was winning with nearly 60% of the vote, compared to 40% who were opposed.

No state has such a tax, but Texas is attempting to get ahead of any proposals that would implement a tax based on the value of an individual or family's assets, market value or net worth.

Another amendment, which would raise the mandatory and minimum age of retirement for Texas state justices and judges, was losing Tuesday night. The measure to raise the minimum retirement age from 70 to 75, and the mandatory retirement age from 75 to 79 years old, had nearly 62% of voters saying "no" to the measure, with only 38% supporting it.

The numbers continue to come in, as Boulder, Colo., voters considered a ballot measure that would ask the city to prioritize the removal of tents, temporary structures and propane tanks that are within 500 feet of a school or 50 feet of a sidewalk. These items are often associated with people who are homeless.

Boulder has banned these items from parks and public spaces. Tuesday's measure evokes similar actions considered by advocates for the homeless as criminalizing homelessness. The measure does not imply any sort of legal action will be taken against the unhoused.

Kentucky Gov. Andy Beshear wins re-election


Kentucky Gov. Andy Beshear, the Democratic incumbent in the largely conservative state, won re-election Tuesday night. Beshear beat challenger Republican Attorney General Daniel Cameron in a closely contested race by a margin of 53% to 47%.

Beshear was elected in 2019 by a small margin. Cameron was the first Black nominee for governor by Democrats or Republicans in Kentucky.

Mississippi Gov. Tate Reeves, the Republican incumbent, was winning Tuesday night over Democratic challenger Brandon Presley by a margin of 55% to 43%. The Democrat described himself as "pro-life" in an August campaign ad, saying "sometimes the family Bible is the only place you have to turn."

Reeves also said he opposes abortion.

State assembly seats in Virginia, New Jersey up for grabs

Several states have many, if not all of their legislature seats on the ballot. All of the seats in Virginia and New Jersey's general assemblies are up for grabs, with Republicans seeking to flip seats in both states.

Virginia's Republican Gov. Glenn Youngkin has been stumping for his party's candidates for months as it attempts to flip the state Senate. Democrats hold a narrow majority. All 40 Senate seats and 100 House seats are on the ballot.

Youngkin has enacted several controversial policies affecting LGBTQ students in schools, including so-called bathroom bans and policies guiding participation in school activities for transgender youth.

He has also signaled that he will pursue a 15-week ban on abortion if he can get it through the House and Senate.

In New Jersey, Republicans need to flip six Democrat-held seats in the Senate and seven in the state assembly to win a majority. The state has supported Democrats for president in every election since 1992 and has favored Democrats for statewide office in recent years.

Mother of Uvalde shooting victim loses mayoral election

Kimberly Mata-Rubio, the mother of Uvalde shooting victim Alexandria "Lexi" Rubio, lost a special election Tuesday in her bid to become mayor of Uvalde, Texas.

Cody Smith was elected Uvalde's next mayor and will serve a one-year term after former Mayor Don McLaughlin vacated the position to run for a seat in the Texas House of Representatives.

Mata-Rubio, who earned 33% of the votes, said she ran to "be the change I seek" and to honor her daughter who was one of the 21 victims of last year's mass shooting at Robb Elementary School.

Rhode Island elects first Black representative to Congress


Former White House aide Gabe Amo, a Democrat, will become Rhode Island's first Black candidate elected to Congress. Amo defeated Republican Gerry Leonard to win the state's 1st Congressional District seat.

Amo will succeed former Democratic Rep. David Cicilline, who stepped down this summer to become president and chief executive officer of the Rhode Island Foundation.

After his win Tuesday night, Amo said he hopes to help the federal government begin to function again.

"I'm going to be a voice for making sure we can restore confidence and trust despite the Republican Party that is rife with chaos," Amo said.

Ohio enshrines abortion rights in state constitution: report

Story by Maya Boddie • ALTERNET


In response to the overturning of Roe vs Wade by the US Supreme Court, and attacks on women’s rights by right-wing politicians in both Australia and abroad; thousands of people rally in Melbourne to stand in solidarity with abortion rights. Image via Flickr.© provided by AlterNet

Ohio decided to vote "yes" on Issue 1 Monday, enshrining abortion rights in the state's Constitution, The Associated Press reports.

With approval of the amendment, The Washington Post reports, "Ohio would be the seventh state to protect abortion access since the U.S. Supreme Court overturned Roe v. Wade’s federal abortion standard in June 2022."

Per AP, "Opponents had argued that the amendment would threaten parental rights, allow unrestricted gender surgeries for minors and revive 'partial birth' abortions, which are federally banned," but "Public polling shows about two-thirds of Americans say abortion should generally be legal in the earliest stages of pregnancy, a sentiment that has been underscored in both Democratic and deeply Republican states since the justices overturned Roe in June 2022."

According to the report, "Issue 1 specifically declared an individual's right to 'make and carry out one's own reproductive decisions,' including birth control, fertility treatments, miscarriage and abortion."

Democrats, abortion rights advocates win in US elections


An abortion vote in Ohio and victories in Kentucky and Virginia have bolstered the Democrats ahead of the 2024 US elections

Democrats and abortion rights advocates scored wins in US off-year elections on Tuesday, including in the conservative states of Ohio and Kentucky.

The results gave a boost to President Joe Biden a year before the 2024 White House race.
Major win for abortion rights in Ohio

In the state of Ohio, which voted for Republican Donald Trump by 8 percentage points in the 2020 presidential election, voters approved a constitutional amendment guaranteeing abortion rights, projections showed.

The vote victory in Ohio's referendum would enshrine the right to "make and carry out one's own reproductive decisions," including on abortion, in the state's constitution.

Biden celebrated the Ohio result, saying that voters "rejected attempts by MAGA Republican elected officials to impose extreme abortion bans that put the health and lives of women in jeopardy," referencing his likely 2024 opponent Trump's slogan "Make America Great Again."

Democrats win in Kentucky, Virginia

In Kentucky, Democratic Governor Andy Beshear was projected to be reelected to a second term, going against the conservative inclination of a state that voted for Trump by more than 25 percentage points in 2020.

Beshear called his win a "clear statement that anger politics should end right here and right now."

The Democrat had made abortion rights a key issue in his run against Republican Daniel Cameron.

Democrats in Virginia who had campaigned on protecting abortion rights also notched victories in state legislative elections, retaking full control of the General Assembly after two years of divided power.

The result is a significant loss for Governor Glenn Youngkin and his fellow Republicans.

"It's official: there will be absolutely no abortion ban legislation sent to Glenn Youngkin's desk for the duration of his term in office, period, as we have thwarted MAGA Republicans' attempt to take total control of our government and our bodies," said Virginia Senate Democratic Caucus Chair, Mamie Locke

MAGA ANTI-DEMOCRATIC SORE LOSERS

GOP lawmakers, Michigan Right To Life sue to block voter-approved abortion rights

A group of GOP state lawmakers and Michigan Right to Life Wednesday sued Gov.Gretchen Whitmer (pictured in February) and other state officials in a bid to overturn a 2022 voter-approved state constitutional right to reproductive freedom, including abortions. File Photo by Andrew Harrer/UPI | License Photo

Nov. 8 (UPI) -- A group of Michigan GOP lawmakers and the anti-abortion rights group Right To Life of Michigan on Wednesday sued to overturn the will of state voters who approved a 2022 constitutional amendment protecting abortion rights 56.7% to 44.3%.

The lawsuit said that when voters passed that proposal protecting reproductive rights, including abortion, it "created a super-right to "reproductive freedom." At no time in our nation's history has such a super-right, immune from all legislative action, ever been created by a popular vote outside of the checks and balances of a republican form of government."

Michigan Gov. Gretchen Whitmer was named in the lawsuit. Her press secretary Stacey Larouche said Whitmer would work to defeat the lawsuit.

"It shouldn't be lost on people that these right-wing organizations and radical Republicans in the Michigan Legislature are cherry picking courts to try to once again overturn a constitutionally guaranteed right because they can't win with voters," Larouche said.

The Michigan Right To Life lawsuit states that it seeks "to protect and vindicate fundamental constitutional rights" by seeking to overturn the vote giving all Michigan women what it called the super-right of reproductive freedom.

Michigan's right to reproductive freedom constitutional amendment states, "Every individual has a fundamental right to reproductive freedom, which entails the right to make and effectuate decisions about all matters relating to pregnancy, including but not limited to prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care."

The Michigan Democratic Party wrote on X that state voters chose to protect abortion rights, "Now a group of Republican state legislators and their extremist allies are trying to overturn your vote. Sound familiar? Republicans have no respect for Michigan voters or our democracy."

Michigan Right To Life's president Barbara Listing said in a statement Michigan's voter-approved state constitutional amendment protecting reproductive rights violates the federal U.S. constitution.

"The provisions asserted to be unconstitutional under federal law threaten legal protections for pregnant women seeking healthcare, the rights of physicians to care for patients, and the rights of parents already under attack on many fronts," the statement said.

Listing also claimed that Michigan voters approving a constitutional amendment protecting abortion rights somehow amounts to "the sweeping disenfranchisement both of Michigan voters and of the authority of the legislature in the days and years ahead."

Michigan law allows constitutional amendments approved by voters to be included in the state constitution.

So Michigan Right To Life could pursue its own ballot initiatives to amend the state constitution if they chose to do it.

Ohio voters Tuesday approved enshrining abortion rights protection in its state constitution. It was the seventh statewide vote supporting abortion rights since the U.S. Supreme Court overturned federal abortion rights



History hiding in Jasper's backcountry: Old warden cabins find new use, value in national park

Story by Clare Bonnyman  • CBC
The backcountry warden cabins in Jasper National Park have been relatively quiet in recent years, used by staff for ecological monitoring, patrolling and accessing the deep woods. But that is starting to change.

Decades ago, the cabins were once home to young families.

Loni Klettl's father was a park warden from 1955 to 1985 and she lived in the Blue Creek cabin as a newborn in the winter of 1959.

"There are all these stories of bears eating all the groceries, frozen diapers," said Klettl.

Klettl and her twin brother, Howie, took their first steps in the two-bedroom building along the North Boundary Trail of the park.


The Blue Creek cabin in 1959, where Loni Klettl lived when she was born. Her father served as a park warden in Jasper from 1955-1985
(Submitted by Loni Klettl)© Provided by cbc.ca

There was a view from the porch of mountaintops and sunny meadows, a wood stove and a registry that tracked its residents over the years.

"They all just had this certain smell, they still do," said Klettl. "Everybody that lived there and moved on and used these cabins, they look after them. They were something so precious."

Today, there are new ideas for the use of these cabins, and work to maintain the historical sites.

When Jasper National Park was founded in 1907, wardens acted as jack-of-all-trades by maintaining, monitoring and patrolling districts.

Each district built at least one cabin as a headquarters and often more to support work across the valleys and mountain ranges. There were more than 43 backcountry cabins built in the park — accessible only by foot, snowshoe or horse.

By the late '60s and early '70s, staff stopped living in the backcountry cabins full time. Thirteen of them have since been designated Recognized Federal Heritage Buildings.

When Dave Argument, now the park's resource conservation manager, first joined Parks Canada in the late '90s, the cabins were temporary housing for backcountry wardens.

He said they were key to helping him cover massive stretches of land.


Nearingburg spent years traveling around 1,500 km to visit all 29 backcountry cabins. He’s not the first to do so, and likely won’t be the last as awareness grows of the historical buildings 
(Submitted by Ben Nearingburg)© Provided by cbc.ca

"I had about 100 kilometres of trail, and six to 10 backcountry cabins, depending on the district I was assigned to," he said. "I'd be out for two weeks at a time using those cabins, staying in one for two or three nights at a time and then moving on to the next."

In late 2010, the work and role of wardens changed significantly to doing more enforcement rather than performing a variety of duties that also included environmental monitoring, trail maintenance and animal tracking.

"Nowadays, the ecological integrity monitoring staff will pass through, often still travelling by horseback, using the same tools and travelling the same way that we used to," he said. "But they're really just passing through as they get to the monitoring sites, collecting data."
Deterioration

Mountain winter weather and storms have made their mark on the cabins, but for some backcountry enthusiasts, the deterioration is hard to see.

"It is kind of troubling, especially seeing some of the less-used cabins slowly rot or at least become infested with mice and other animals," Ben Nearingburg told CBC's Radio Active.


A Jasper-based guidebook author, Nearingburg spent the last few years visiting 39 of the backcountry warden cabins and travelling around 1,500 kilometres through the park to do it.

Many of the cabins are in remote areas, which makes them difficult to repair.

"With less use happening, they don't quite get the care and attention that they used to," said Argument.

The added complexity of backcountry repairs can add to the struggle, like one cabin on the North Boundary Trail that was pushed off its foundation by a landslide. There is work to keep it from rotting but "any of those sorts of activities in the remote backcountry come with a fairly significant price tag these days," said Argument.



Nearingburg was inspired by the stories of wardens and their families, and wanted to see where there was a permanent presence in the backcountry
 (Submitted by Ben Nearingburg)© Provided by cbc.ca

Most of the cabins go quiet over winter and are boarded up when not in use by park staff. But there are projects creating access to these unique, historical spaces.

The Alpine Club of Canada turned one of Jasper's cabins into a functional ski hut from December to March. The Jacques Lake Warden Cabin was offered by Parks Canada, and the ACC took on the work to get it ready for visitors.

"It's a decent renovation to bring [these cabins] up to current standards," said Michael Geertsema, facilities manager for the ACC.

It took about 18 months to do structural assessments, replace the bunks, kitchen and outhouse, and update the heating.

Despite the short operating season, they're very popular, he said.


The last cabin Nearingburg visited is the Wolverine Cabin on the North Boundary Trail 
(Submitted by Ben Nearingburg)© Provided by cbc.ca

In the summer, the huts close to visitors and Parks Canada staff use the buildings to better access the backcountry — a sharing system that works for both parties.

"It's nice now to see it getting more use, and more people being able to appreciate and enjoy that special building," said Argument.

Parks Canada and the ACC are set to meet in December to discuss uses for other cabins.

Klettl said this kind of work speaks to the value of these spaces — and the importance of keeping them around.

On a practical level, "our boundary has to be patrolled, there has to be a presence," said Klettl. "Plus they're so important for monitoring wildlife, seeing the ecology of the park."

She remains hopeful that if more people get to visit the buildings, they will understand their value.

"Every single aspect of a national park is tied into these cabins, along with the history of what they meant," Klettl said.

"I believe they should be carried into our future."

Tech community pleased with Alberta move to change rules around 'engineer' title


Canada's tech community is applauding a proposal by the Alberta government that would allow more workers to use the "software engineer" title.

Premier Danielle Smith's government introduced a bill on Monday that would allow for broader use of the descriptor, which is common in the tech industry but not recognized by the province's professional engineers.

If passed, Bill 7 would carve out an exception in the province's Engineering and Geoscience Professions Act, granting software engineers and those with similar roles permission to use the title.

"This is an important development for the innovation sector in the province and will give companies and their employees the freedom to use titles that have long been universally accepted in the tech industry," said Sam Pillar, chief executive of Edmonton-based tech company Jobber, which has used the software engineer title.

It has become a point of contention in the tech sector, where people working in program development and other technical roles are often called "software engineers."

However, use of the title raised the ire of the Association of Professional Engineers and Geoscientists of Alberta, which filed lawsuits against tech companies that use variations of the engineer title.

The association has argued the term "engineer" comes with a licensed and ethical set of responsibilities and accountabilities akin to other regulated professions, such as health and legal roles.

In a statement to its website Monday, APEGA's registrar and CEO Jay Nagendran said the association believes "title protection is vital to preserving public safety and maintaining high standards of practice and ethics." He blamed the government's decision on lobbying from the technology industry.

More than 30 tech companies signed a bill last October, seeking a change that would allow them to more freely use the engineer title. They said the current law hampers their ability to compete for global tech talent, which has long been lured to the U.S. instead with promises of big job titles and even bigger salaries.

Jobber was sued by the engineering association over its use of the engineer title, making Pillar one of the most vocal figures in the fight to change how the term could be used.

He called Alberta's proposal "an important development."

"It is critical that companies like Jobber are able to compete on a level playing field for top talent," he said, in a statement.

"This much-needed clarification will go a long way to ensuring we can do that."

Benjamin Bergen, president of the Council of Canadian Innovators, was equally happy with the proposed change because he thinks it will help Canadian tech companies compete more freely for talent.

He cited data showing postings for "software developers" received far fewer applicants than "software engineers," and the quality of applicants wasn't as high.

"If you hinder a company's ability to be able to access the best and brightest from around the world by being stuck on nomenclature, you're actually impeding them," Bergen said.

He feels it's important that Alberta is acting now because job titles are constantly evolving in tech. With the dawn of artificial intelligence technology like Chat-GPT, for example, he said "prompt engineer" is cropping up and could face similar opposition.

But it's not just Alberta, which Bergen says has the country's largest contingent of engineers because of its proximity to the oilsands, where the engineering title could come under fire.

B.C. and Ontario have similar legislation but not enforced it in the software engineering context, Bergen said.

He hopes Alberta's new approach sets a precedent.

"I think our concern as an organization is that this type of enforcement was going to begin sweeping to other provinces as well."

This report by The Canadian Press was first published Nov. 7, 2023.

Tara Deschamps, The Canadian Press

AGAR: Banning NDAs in the workplace would benefit victims and those falsely accused

Opinion by Jerry Agar • Toronto Sun

A person walks though a downtown Toronto office building with other buildings reflected in a window in this June 11, 2019 photo.© Provided by Toronto Sun

Ontario is considering banning the use of non-disclosure agreements (NDAs) in cases of workplace sexual harassment, misconduct or violence.

The government’s position is that such agreements should not be used to silence accusers.

The Canadian Press reported , “Members of the Canadian Bar Association voted in favour of discouraging the use of non-disclosure agreements in cases of abuse and harassment

“The government says seven in 10 workers have reported experiencing a form of harassment or violence in their workplace, with the rates even higher for women and gender-diverse people.”

Sunira Chaudhri, employment lawyer and founder of Workly Law, says she agrees with the government’s idea.

“There are implications to this legislation that will really impact workplaces,” she says, “and potentially in ways we would not expect.”

“It is going to stop the sort of toxic environment from being perpetuated in the workplace. There are employers that employees are deathly afraid of and won’t come forward years well after leaving an organization because their NDAs are too strong.”

On the other hand if an employer knows that they cannot count on an NDA to keep people quiet those who bring a complaint will be, “Put to a very strong evidentiary test.”

Some NDAs no doubt are in place because the company chose not to fight the allegations, and to suffer the adverse publicity, by simply paying a sum of money, signing an agreement and moving on.

Chaudhri says that if the NDAs are legislated illegal, employers will no longer be able to sweep an allegation, “under the rug,” by just throwing money at it.

Those who have disliked the notion of always believing the accuser may like the government’s move, as a false accusation may be less likely to be made.

Without the ability to make an agreement and have everyone hide behind an NDA, people may be less likely to make an anonymous allegation. That may keep some people from coming forward.

That, Chaudhri says may have a, “chilling effect on people with a legitimate complaint,” but offers some protection to those who are falsely accused as the employer will have less of a chance to just pay to make it go away, leaving suspicion over the accused.

Stories such as that of former movie producer Harvey Weinstein show that some people, and possibly organizations, have established a history of paying money and using NDAs to escape publicity and legal responsibility, allowing the bad behaviour to continue.

It is unclear at this point whether legislation to outlaw the use of NDAs in cases of workplace sexual harassment, misconduct or violence would retroactively allow victims to come forward with their stories or if NDAs in place prior to the legislation would be grandfathered in.

Chaudhri says, “My sense is that once this legislation is passed many individuals who have signed such agreements in the past might feel very comfortable speaking openly and I think we will see an uproar on things like social media.”

We may see those people taking an I dare you to come after me type of attitude.

It is easy to see two sides to such a move by the government.

On the one hand it reduces the chances of tawdry secrets kept and bad behaviour protected and perpetuated.

On the other, perhaps fewer false allegations.

In favour of the proposed legislation is the idea that sunshine is the best disinfectant.

Northern B.C councillors frustrated with CleanBC policies

Story by The Canadian Press  • 

The City of Dawson Creek will send a letter to Premier David Eby, and George Heyman, Minister of Environment and Climate Change, requesting a pause on the province’s emissions cap announced earlier this year. 

While they know climate change is a serious topic and are willing to do their part, it simply isn’t viable for northeast B.C. to transition away from fossil fuels, explained council members at their October 30 meeting. 

The city is also asking the province to work with northeast B.C to maintain a competitive ‘Output Based Price System’, and develop a long-term strategy to curb emissions that works with the oil and gas industry.  

Coun. Charlie Parslow expressed his frustrations with the cap and feels the province’s solutions to climate change lacks empathy for northern residents who have no choice but to rely on natural gas, with the oil and gas sector providing much needed revenue for B.C. 

“I feel the provincial government is somewhat playing both sides of the game here,” said Parslow. “This is not a game, this is serious stuff - the environment is a very serious business, so is the funding of transition from dependency on fossil fuels to more environmentally friendly source of energy.” 

“The reality is that the technology does not exist for northern-dwellers to be taken off fossil fuels. We need them, basically, to survive, but more importantly, the province needs the revenue to provide all of these services people want,” he added. 

Discussion was prompted by a letter from an October 18 letter from the Canadian Association of Petroleum Producers regarding the province’s Energy Action framework and potential impacts to the economy, as well as councillors’ experiences discussing climate change at the Union of BC Municipalities 2023 convention. 

Coun. Jerimy Earl noted that in meeting with the producers’ association, industry stakeholders at the convention, uncertainty and apprehension is being felt over ever-shifting legislation, despite many agreeing that climate change is a real issue. 

“When you’re asking people to look at infrastructure projects that span 40 years and billions of dollars, not knowing whether or not the entire regulatory regime is going to be upended every couple of years, really puts a damper on any capacity to make those kinds of decisions,” said Earl. 

The politics of the framework and new regulations also calls into question the legitimacy of provincial institutions, noted Earl, forcing approved projects to operate below their intended capacity not from alternative energy technology, but strictly due to government interference. 

“One of our core responsibilities is to be stewards of institutions, and ensure that those institutions, whether we’re dealing with businesses, whether we’re dealing with the public, whether we’re dealing with indigenous communities, are credible,” said Earl. 

“And when governments do things like this, it undermines the credibility of the institutions, not just a party,” Earl added, noting he hopes their letter is received in good faith. 

 

Tom Summer, Local Journalism Initiative Reporter, Alaska Highway News

Federal Fisheries Department doing poor job of monitoring fishing industry: report

The Canadian Press


OTTAWA — The federal Fisheries Department's failure to properly monitor the country's commercial fishing industry could lead to overfishing, a new audit from Canada's environment commissioner says.

Jerry DeMarco's report released Tuesday said Fisheries and Oceans Canada lacks the ability to collect timely and dependable data on what and how much is being caught.

"Many important monitoring requirements that would improve the timeliness and dependability of fish-catch data remain absent or incomplete," the report said. 

The Fisheries Department said in a statement that it considers ensuring dependable and timely catch-monitoring information a priority.

"DFO has a number of sources of information that enable us to effectively monitor fisheries and incorporate data into the decision-making process," the department said in the statement, though it acknowledged that "better is always possible."

Without reliable catch data, the department won't be able to set seasonal catch limits that will ensure a sustainable industry, DeMarco's report said.

“The collapse of the Atlantic cod population in the 1990s — with its far-reaching economic and social impacts — has shown that it is far more expensive and difficult to recover depleted stocks than it is to keep them healthy in the first place," the commissioner said in a statement.

Northern cod were once the backbone of Newfoundland and Labrador's 400-year-old fishing industry. But the population collapsed in the early 1990s because of overfishing, mismanagement and changing environmental conditions.

A fishing moratorium imposed in 1992, which was eventually extended to other groundfish stocks, wiped out more than 30,000 jobs, marking the largest mass layoff in Canadian history. Within a year, the entire $700-million enterprise — and way of life — was gone.

"It is important to monitor fisheries catch to avoid repeating mistakes of the past," DeMarco's report said.

"The collapse of the cod fishery had an impact that went far beyond environmental matters ... creating social and cultural instability on Canada’s east coast."

The ongoing problem, DeMarco said, is that the Fisheries Department has failed to deliver on most of the corrective measures it committed to seven years ago, when another audit called for changes to ensure sustainable management of the industry.

DeMarco's audit said the department responded by creating a new fishery monitoring policy, but he said that policy has yet to be implemented. As of this year, none of Canada's 156 federally managed commercial fish stocks has been assessed for adequate monitoring, the report says.

As well, the audit found that the department has been slow to modernize its information systems, even though it has spent about $31 million on integrating information across regions to provide access to catch data.

Implementation of this new system is now 10 years behind schedule and won't be available to all regions until 2030, DeMarco's report said. "As a result, the department still does not have a complete picture about the amount of fish harvested and their biological characteristics to make informed decisions."

The department uses a variety of monitoring tools each fishing season, including fishing log books, electronic devices and data collected by third-party observers. 

Under an interim protocol introduced in 2017, the companies that employ third-party observers must declare conflicts of interest, such as family or business ties with fish harvesters. As well, the department was required to maintain a national list of declared conflicts and monitor mitigation measures.

"We found that the interim protocol had not been fully implemented at the time of our audit," the report said. 

One of the department's six regions did not maintain a list of conflicts. Another did not receive any declared conflicts of interest. The other three regions maintained lists, but two failed to take action when mitigation measures were not implemented. And one region failed to assess whether mitigation measures were implemented.

As well, the department did not maintain a national list as required. 

"Without the full implementation of the interim protocol, the department faced increased risk of relying on inaccurate catch and bycatch data to support management decision making," the report said.

DeMarco is recommending Fisheries and Oceans Canada implement its fishery monitoring policy, speed up the rollout of its integrated information system and review its third-party observer programs to deal with compliance issues.

The department said in its statement that it agreed with all of the recommendations in DeMarco's report.

"DFO will continue to work closely with the commissioner's office and thus continue to sustainably manage the harvesting of commercial marine fisheries for future generations," the statement said.

As of 2021, about 72,000 Canadians were making their living directly from fishing and related activities, generating about $4.6 billion in revenue, the report said.

This report by The Canadian Press was first published Nov. 7, 2023.

— By Michael MacDonald in Halifax.

The Canadian Press

B.C. Indigenous leaders lobby for transition from open-net salmon farms

© Provided by The Canadian Press

"Canada stands alone on the Pacific coast in allowing the open net-pen industry to discharge pollutants, pathogens and parasites along migration routes of endangered Pacific salmon for free."




OTTAWA — Indigenous leaders from British Columbia have called on the federal government to stand by plans to transition away from open-net salmon farms, but an industry spokesman suggested the leaders were wading into political waters.

The chiefs were in Ottawa to stress the importance of the federal government's commitment to removing open-net salmon farms from B.C. waters by 2025, Bob Chamberlin, First Nations Wild Salmon Alliance chair, said Tuesday. The group represents more than 120 First Nations.

The chiefs met with Fisheries Minister Diane Lebouthillier and other federal officials, telling them most B.C. First Nations want open-net farming ended to help threatened wild salmon stocks, he said.

Open-net fish farms off B.C.'s coast are a long-running subject of debate, with opponents saying they are linked to the transfer of disease to wild salmon, while supporters say thousands of jobs are threatened if the operations are phased out.

"The chiefs who have made the trip to Ottawa are here to ensure that the meetings that we have, that the government clearly understands the breadth of support to remove fish farms from migration routes of wild salmon," Chamberlin said at a news conference.

But Brian Kingzett, executive director of the B.C. Salmon Farmers Association, said the alliance's news conference was more about bringing an anti-salmon farming message to Ottawa.

Related video: B.C. hatchery describes effects of urbanization on salmon (cbc.ca)  Duration 2:03  View on Watch

"Aquaculture in B.C. is a polarized subject and they're saying the same old words," he said. "They're trying to use politics to distract from what's actually a fairly responsible process that's going on."

Chamberlin acknowledged support for the transition plan isn't unanimous among Indigenous people in the province, where about a dozen First Nations are involved in the salmon farming industry.

Kingzett said some First Nations have transformed their economies through salmon farming operations on their territories.

Last month, the B.C.-based Wild Salmon Forever conservation group sent a letter to Prime Minister Justin Trudeau supporting the alliance and calling for the federal government to stick to its 2025 transition commitment.

"In British Columbia over 123 First Nations representing Indigenous Peoples across the province are calling for the removal of open net-pen salmon farming due to its impact on their cultural, economic and spiritual way of life," said the letter.

"Canada stands alone on the Pacific coast in allowing the open net-pen industry to discharge pollutants, pathogens and parasites along migration routes of endangered Pacific salmon for free."

In February, former fisheries minister Joyce Murray said the government would not renew licences for 15 open-net Atlantic salmon farms around B.C.'s Discovery Islands near Campbell River on Vancouver Island.

Murray announced last June the extension of a consultation period to allow more input from all sides in the salmon farming debate ahead of the government's announcement of a transition plan.

Lebouthillier, who was appointed fisheries minister in July, has yet to announce the release of the government's transition plan.

Kingzett said the minister has been meeting with more people and groups than just the First Nations Wild Salmon Alliance.

"She's meeting with all the producer companies," he said. "She's meeting with suppliers. She's meeting with activists and she's meeting with First Nations who are engaged with the industry and she's meeting with groups like Wild Salmon Alliance who oppose the industry," he said. "She's doing her job and making sure she's doing a proper consultation."

Chamberlin said Trudeau should remind Lebouthillier her mandate includes developing a plan to transition from open net-pen salmon farms in B.C.

"I urge the prime minister to look in on the new minister Lebouthillier and ensure she has the support of the prime minister and his office, of cabinet, to do what's right for First Nations in B.C., the ones who have stood up and said to the government 'we support this.'"

Lebouthillier was not available for comment.

Kingzett said he expects Lebouthillier to release the government's transition plan early next year, but instead of a document addressing the removal of salmon farms from Vancouver Island waters, it could outline a framework agreement to continue operations.

"When Fisheries and Oceans speaks about transition in their framework document, it doesn't necessarily mean were moving out of the water," he said. "It means we are going to look at innovative technologies that continue to reduce or minimize any interactions between farmed salmon and wild salmon."

About 5,000 people are employed in B.C.'s aquaculture industry, Kingzett said.

— By Dirk Meissner in Vancouver

This report by The Canadian Press was first published Nov. 7, 2023.


New guide shows an Indigenous-led energy shift

Story by The Canadian Press  • 

From Mi’gmaq communities in the Gaspé Peninsula harnessing the power of wind to a health centre powered by solar in Lubicon Lake First Nation in Alberta, the energy transition is underway and is being led by Indigenous communities.

A new guide highlights those stories, along with others across Canada. Released Monday by Sacred Earth Solar, Indigenous Climate Action, David Suzuki Foundation, Power to the People and Real World Media, the guide highlights examples showing Indigenous communities embracing clean energy and a just transition, leading to far-reaching benefits. Called the Indigenous Just Transition Guide, the research is meant to inspire and educate Indigenous communities on pathways towards clean energy that include Indigenous sovereignty and leadership and be a resource for all levels of government as they implement climate policy.

A truly just transition off fossil fuels needs to be informed by existing stories of Indigenous success and centre a variety of Indigenous knowledge and perspectives, the report notes. In Canada, Indigenous communities are building solar, wind and other renewable projects at a swift rate. In 2020, not-for-profit Indigenous Clean Energy Social Enterprise noted there are almost 200 medium to large renewable projects either nearing completion or already in operation with some level of Indigenous participation.

As reported by The Canadian Press, new data not yet released by the not-for-profit shows Indigenous communities “now own, co-own or have a defined financial benefit agreement in place for almost 20 per cent of Canada's electricity generating infrastructure,” making them the largest asset owners outside of utilities. 

“The Just Transition Guide provides inspiring case studies where Indigenous communities are taking a lead on real climate solutions while also showing a path forward for our communities who are not sure where to start,” said Jayce Chiblow of Garden River First Nation, who is the education and training manager at Indigenous Climate Action


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“Created by and for Indigenous peoples, this guide is not only an impactful resource on the path to a just and equitable future, but is also a resource that considers the unique needs and challenges our communities face.”

Melina Laboucan-Massimo has seen many examples of Indigenous communities taking renewable energy into their own hands. The health centre powered by solar in Lubicon Lake First Nation is in Laboucan-Massimo’s home community of Little Buffalo.

Melina Laboucan-Massimo in front of solar panels in Little Buffalo. Photo by Gregory Miller / UVIC 

She set up the solar project as part of her master’s thesis and has since worked to highlight Indigenous-led renewable energy projects across Canada in her documentary series Power to the People. The guide stems from research she started during her master’s in Indigenous governance, which she then expanded during a fellowship at the David Suzuki Foundation and through her documentary series.

“While our whole world transitions to renewable energy from fossil fuels, it is essential that we are critical and we are aware of the impacts … of clean energy, so we do not replicate the same systems of harm that have been perpetuated from the previous energy era,” explained Laboucan-Massimo, who is also founder of Sacred Earth Solar and co-founder of Indigenous Climate Action.

Rather than large energy companies coming into communities, much like what is done with fossil fuels, the guide stresses that solutions for a just transition need to include Indigenous-led projects. The opposite is already occurring, notably with the Ring of Fire, a mineral deposit the Ontario government says is vital for the future of electric vehicles, the authors note. Grassy Narrows, Wapekeka, Neskantaga, Kitchenuhmaykoosib Inninuwug, and Muskrat Dam First Nations have all been pushing back against the mining: they say the plan’s consequences have not been adequately considered and the government hasn’t consulted them.

“Not only are renewable energy projects used to perpetuate systems of colonization for the benefit of non-Indigenous peoples and cities, governments and oil and gas corporations are using renewable energy projects as a way to greenwash their bad reputation,” notes the report.

The Canadian Sustainable Jobs Act, also known as Bill C-50, moved to second reading in late October. In its current form, the bill requires the government to publish sustainable job action plans every five years and create a partnership council to provide ongoing advice to the government and ensure workers have the opportunity to contribute to the plans over time. 

The guide highlights a Canadian Centre for Policy Alternatives report that notes Canada’s policies around phasing out coal by 2030, which include specific protections for workers, will largely benefit white men born in Canada. The clean energy transition will benefit that same group unless policies are put forward to intentionally diversify the workforce, the report found.

Bill C-50 is also “narrowly focused” on jobs, notes the guide, which says the legislation “does not include the need for entire communities, municipalities, and provinces to transition, missing the opportunity to solve much more than our climate problems.”

“The principles and strategies of the just transition extend beyond our energy systems, as we also advocate for just relationships with one another and with the natural world.”

Severn Cullis-Suzuki, executive director of the David Suzuki Foundation, said the 10 key lessons offered in the report, which include “community engagement and relationships are vital” among others, are just the starting point for what can be gleaned from the guide and the experiences it documents.

“Indigenous Peoples have been living and working with nature since time immemorial — it's thrilling to see nations' and communities’ leadership in the renewable energy economy and just transition in Canada,” said Cullis-Suzuki.

“If Canada believes in reconciliation and Indigenous rights, then all levels of government need to implement policies and funding that support communities and help ensure the inevitable transition to renewable energy is equitable and just, leaving no person or community behind.”

Matteo Cimellaro, Local Journalism Initiative Reporter, Canada's National Observer

UN meetings press Indigenous solutions to international issues

Story by The Canadian Press  • by Patrick Quinn

The Cree Nation met with Volker Türk, the United Nations High Commissioner for Human Rights, in mid-October. Türk visited Ottawa to discuss general issues ahead of an in-depth review of Canada’s human rights situation in November, an exercise applied to most countries every four years. 

Cree Nation Government Justice Director Donald Nicholls presented four points on behalf of the Coalition for the Human Rights of Indigenous Peoples and discussed specific Cree issues in a separate meeting. The Coalition emphasized the importance of implementing the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), for which Canada passed national legislation in 2021. 

Nicholls called on all institutions to implement UNDRIP within their areas of influence. The Coalition wants Canada to complement UNDRIP by adopting the American Declaration on the Rights of Indigenous Peoples. Finally, it asserted that more resources must be provided to address the vulnerability of Indigenous women and children.

Other groups discussed the treatment of Indigenous peoples in prison, noting they are less frequently paroled, more often serve their full sentences and are disproportionately placed in solitary confinement, which is now considered cruel and unusual punishment.

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“I talked about how we’re hoping the tiny home community we’re building will take people out of detention sooner, to create an environment where people can grow and be safe,” explained Nicholls. “They weren’t receiving enough rehabilitation or reintegration programming within the system, but we could provide that within the context of our own communities, complemented with land-based programming.”

At a recent housing conference in Gatineau, Nicholls advocated for the construction of tiny homes. Earlier this year, federal funding was granted to the Astum Api Niikinaahk tiny homes project for Indigenous people experiencing homelessness in Winnipeg, which has been praised as a success in community consultation.

With a background in housing issues and refugee protection, Türk asserted that housing is a human right and said Canada has one of the world’s lowest contributions to social housing at 3%. As the pandemic exacerbated homelessness issues, Türk criticized “people making a lot of money at the expense of vulnerable populations.”

Türk expressed admiration for the resilience and courage that Indigenous peoples continue to draw from ancestral wisdom. While noting there are more violent conflicts today than any time since 1945, Türk maintained that the planetary crisis is our generation’s defining human rights threat with this summer’s fires warning us the dystopian future is already here.  

“These are all unnatural disasters,” said Türk. “I think that all of us feel a degree of unease, perhaps event panic, faced with the sense of a sharply narrowing horizon. But this is true above all of young people. These powerful trends will surely impact all your careers, and the trajectory of your lives, as well as those of generations to come.”

Despite these challenges, Türk asserted that the climate crisis can be confronted with partnerships grounded in dignity and equality. He urged a faster phasing out of fossil fuels and overcoming the continuing harm against Indigenous peoples.

“I talked about the forest fires in Eeyou Istchee and the impacts on health, culture and food security,” Nicholls told the Nation. “How big an impact it has on the Cree way of life has not been recognized elsewhere. Some of my staff were going out and trying to fight the fire, but they had no training or equipment.”

At risk of more devastation next summer, Nicholls suggested now is the time to prepare, perhaps with new services dedicated to protecting Cree priorities in the bush. 

A UN report released in July stated forest fires account for 5% of land burned, but more than 80% of greenhouse gas emissions. Escalating effects of climate change and land use are estimated to increase wildfires 14% globally by 2030 and 30% by 2050. 

During last spring’s UN Permanent Forum on Indigenous Issues, UN Secretary-General António Guterres said the world has too long ignored Indigenous warnings of climate dangers. While Indigenous peoples are on the frontlines of climate change, Nicholls said they’re never invited to the table where key decisions are made. 

“We promoted enhanced representation at the UN and other gatherings affecting Indigenous people,” said Nicholls. “That would mean we would be treated like nation states and have the ability to propose solutions and be part of the discussions. Decisions made there impact Indigenous peoples significantly.”

While the Cree Nation didn’t attend a historic meeting in August held in Brazil aiming to save the rainforest, Nicholls believes it’s the beginning of a larger conversation happening around the world, recognizing that environmental movements are connected with Indigenous self-determination.

Building on a panel at the Permanent Forum where Grand Chief Mandy Gull-Masty shared conservation perspectives with Sami in northern Norway, Nicholls plans to visit Sami territory in December with the UN. He looks forward to exchanging ideas about asserting Indigenous rights and learning from their humane approach to justice. 

While Canada has invested in Indigenous-led conservation efforts, a recent report from Francisco Calí Tzay, the UN’s Special Rapporteur on the rights of Indigenous Peoples, found that First Nations are often excluded from green financing or are unnecessarily burdened by a focus on limited projects with tight deadlines. 

Noting that the most biodiverse and best-preserved lands are stewarded by Indigenous peoples, Tzay stated Indigenous worldviews and realities are rarely accommodated. Brandy Mayes, land manager for the Kwanlin Dün First Nation in Yukon argued that this complicates planning for land management approaches that don’t focus on a single species or research question.

“There’s very narrow parameters for the Guardian program,” said Mayes. “It’s just caribou monitoring – very centred around what they want from you. When people who were born on the land look after it, we can all prepare for what’s coming.”

Patrick Quinn, Local Journalism Initiative Reporter, The Nation