Thursday, January 04, 2024

WAGE THEFT
An upmarket California restaurant took thousands of dollars in tips from staff to fund business expenses, a federal lawsuit claims

Story by gdean@businessinsider.com (Grace Dean) •

Mikael Vaisanen/Getty Images© Mikael Vaisanen/Getty Images
  • A California restaurant "misappropriated" thousands of dollars in tips to fund business expenses, the DOL claims.
  • The restaurant deposited tips into its business account and gave a portion to staff each week, the DOL claims.
  • The DOL accused it of violating the Fair Labor Standards Act. It's seeking $500,000 for staff.


A French restaurant in Pasadena, California took thousands of dollars in tips from servers, runners, and bartenders and "misappropriated" them to fund business expenses, the Department of Labor has claimed in a lawsuit.

The DOL filed a lawsuit against 2 Poto, the operators of Entre Nous French Bistro, saying the company violated the Fair Labor Standards Act. It's seeking $500,000 for affected staff.

The lawsuit, filed in US District Court for the Central District of California on December 28, says that owners Jean-Christophe Febbrari and Mathias Wakrat kept a portion of employees' tips to use for business expenses. The upmarket restaurant, which has a $50 minimum spend per diner, deposited both cash and card tips into its business account and distributed only a portion to staff via a weekly wire transfer, the DOL claims.

For example, in the week from December 21, 2021, customers left about $12,500 in credit card tips, but the restaurant gave less than $7,600 of this to staff, the lawsuit claims.

Employers are not allowed to keep staff tips "under any circumstances," the FLSA stipulates. If a restaurant operates an illegal tip pool, for example by sharing tips with owners and managers, it invalidates its claims to a tip credit, which can sometimes push workers' wages under the minimum wage, as the DOL has said during previous investigations into tip violations.

The DOL says in the lawsuit that amid its investigation, Entre Nous introduced a no-tip policy in May 2023, instead collecting a 20% service charge. But some customers still leave cash tips, which the restaurant keeps, the DOL claims.

Entre Nous says on its menu that the fee "is not a gratuity or tip." It variously lists the fee as 20% and 18%.

"The fee is revenue that is not segmented or designated in any way; it is taxed per state law and is used to fund all of our operations," it notes.

The DOL also claims that its investigation into Entre Nous found that the restaurant misclassified several employees as independent contractors and didn't keep accurate pay records, including failing to record all tips staff received and record all hours they worked.

These practices violate the FLSA, the DOL claims. Though the lawsuit doesn't name a dollar amount, the DOL said in a press release that it was seeking $250,000 in back wages and an equal amount in liquidated damages for 18 employees.

Entre Nous has an 4.6-star rating on Google and 4.5-star on Yelp. Entrees at the restaurant start at $29.

Business Insider has contacted Entre Nous for comment, but did not immediately receive a response, outside regular business hours.



Stakes high as South Africa brings claim of genocidal intent against Israel

Story by Patrick Wintour 
Diplomatic editor • The Guardian

Photograph: Abir Sultan/AP© Photograph: Abir Sultan/AP

South Africa’s request for an interim measure by the international court of justice to prevent Israel from committing acts of potential genocide – primarily by calling for a halt to combat operations – has suddenly taken on an urgency and relevance that seemed implausible a fortnight ago.

Crack legal teams are being assembled, countries are issuing statements in support of South Africa, and Israel has said it will defend itself in court, reversing a decades-old policy of boycotting the UN’s top court and its 15 elected judges.

The first hearing in The Hague is set for 11 and 12 January. If precedent is any guide, it is possible the ICJ will issue a provisional ruling within weeks, and certainly while the Israeli attacks on Gaza are likely to be still under way.

The wheels of global justice – at least interim justice – do not always grind slowly.

South Africa’s request for a provisional ruling is in line with a broader trend at the ICJ for such rulings. Parties have been seeking – and obtaining – provisional measures with increasing frequency: in the last decade the court has indicated provisional measures in 11 cases, compared with 10 in the first 50 years of the court’s existence (1945-1995).


Like interim injunctions issued by national courts, ICJ provisional measures seek to freeze the legal situation between parties to ensure the integrity of a future final judgment. For a while doubt persisted as to whether these measures were deemed binding by the ICJ. But the court put those doubts to rest in the LaGrand judgment in June 2001, where it held that the rulings were binding, given the court’s “basic function of judicial settlement of international disputes”.

They are intended to be binding, but are they in practice?

One assessment prepared by a US lawyer, Mattei Alexianu, suggested that the court’s measures were complied with by the state parties in only 50% of cases, while in some – normally the most high-profile recent cases, including Ukraine v Russia in 2022, the Gambia’s claims of genocide against Myanmar in 2020, Nagorno-Karabakh, and US sanctions on Iran – the losing state party simply defied the court.

Not surprisingly, the more intrusive an adverse ruling to a country’s sense of national sovereignty, the less likely they were to comply.

But putting aside whether Israel would comply with any ICJ order to change its military tactics and desist from any act ruled as genocide, the reputational damage to Israel of such a ruling would be substantial, and at minimum may produce a modification of its military campaign. The very fact that Israel has chosen to defend itself at the ICJ – a UN sponsored body – and is a signatory to the genocide convention makes it harder for it to brush aside an adverse finding.

It is a high-risk move by Israel. What are the chances of an adverse finding being made?

First, it should be said that although the South African claim to the ICJ seemed to come out of the blue on 29 December, it is not something its lawyers cobbled together while wrapping up Christmas presents.

It is a substantive, tightly argued 80-page claim, replete with detailed references to senior UN officials and reports, which only rarely strays from its chief necessary purpose of seeking to prove Israel’s genocidal intent. The lawyers South Africa is sending to The Hague are its best. Much of South Africa’s argument is derived from the ICJ judgment on provisional measures it issued in the Gambia v Myanmar case in 2020.

According to the application, “acts and omissions by Israel … are genocidal in character, as they are committed with the requisite specific intent … to destroy Palestinians in Gaza as a part of the broader Palestinian national, racial and ethnical group” and that “the conduct of Israel – through its state organs, state agents, and other persons and entities acting on its instructions or under its direction, control or influence – in relation to Palestinians in Gaza, is in violation of its obligations under the genocide convention”.

By seeking provisional relief under article 74 of the court, as opposed to a definitive ruling, South Africa can lower the threshold of what it is required to prove before the court provides interim relief, and possibly minimise some of the prime facie jurisdictional issues facing the court.

Indeed, South Africa argues “the court is not required to ascertain whether any violation of Israel’s obligations under the genocide convention has occurred.

“Importantly, as previously held by the court, ‘such a finding, which would notably depend on the assessment of the existence of an intent to destroy, in whole or in part, the group … [of Palestinians] as such, could be made by the court only at the stage of the examination of the merits of the present case.’

“Instead, ‘what the court is required to do at the stage of making an order on provisional measures is to establish whether the acts complained of … are capable of falling within the provisions of the genocide convention’.

“The court does not have to determine that all of the acts complained of are capable of falling within the provisions of the convention.” It suffices that “at least some of the acts alleged … are capable of falling within the provisions of the convention”.

Equally, the court does not need to ascertain whether the existence of a genocidal intent is the only inference to be drawn from the material before the court, as “this requirement would amount to the court making a determination on the merits”.

South Africa seeks to prove that the measures Israel has taken go beyond self-defence and into the destruction of the Palestinians.

The claim details the familiar, if shocking, death toll, forced displacement, deprivation of food, and the restrictions on births, through attacks on hospitals, saying they are sufficient evidence to infer plausible genocidal intent.

The claim adds two other elements – the degree to which the Palestinian cultural life has been targeted, and the degree to which Israeli officials without reproach have repeatedly advocated for the destruction not just of Hamas but of Palestinians.

South Africa details numerous examples of “direct and public incitement to commit genocide by Israeli state officials”, including by the prime minister, Benjamin Netanyahu. The threats to make Gaza permanently uninhabitable, the references to Palestinians as human animals, are all documented in the claim. The calls by the far-right ministers Bezalel Smotrich and Itamar Ben Gvir to resettle Palestinians outside Gaza are also cited.

Inside Israel itself, former officials have written to the attorney general, Gali Baharav-Miara, asking that action be taken against public officials and elected politicians who have called for ethnic cleansing. The signatories on this letter include the former ambassador Dr Alon Liel, Prof Eli Barnavi, Ilan Baruch and Suzie Bachar.

“The explicit calls to commit atrocities against millions of people have become, for the first time that we can recall, a legitimate and ordinary part of the Israeli dialogue,” they state.

It is this kind of evidence, perhaps born of a new Israeli pessimism about the possibility of peace, that may sway judges to assess that Israel believes its security is dependent on the removal of Palestinians from Gaza. But there have been many statements by Israeli officials countering that view, which the court will have to balance. The reluctance of the Netanyahu government, partly for internal political reasons, to discuss its plans for the “day after” at minimum complicates the court’s task to discern Israel’s collective intention.

In a rhetorical tour de force, Israel’s spokesperson Eylon Levy previewed Israel’s response on Tuesday, focusing on its right to self-defence and the innovative measures taken to reduce civilian casualties.

But he started by questioning whether South Africa had a genuine dispute with Israel and challenging the country’s bona fides as an opponent of genocide given its support in Darfur for the former Sudanese president Omar al-Bashir. It was South Africa that was acting as the pro-bono advocate of a genocidal rapist Hamas machine, he said.

South Africa has sought to protect itself from this line of attack by criticising Hamas for the massacre on 7 October and by sending a formal note to Israel in advance of the claim, to which it says Israel did not reply. It says both countries are signatories to the 1948 genocide convention, which stipulates that they accept the ICJ jurisdiction with respect to adherence to that convention.

Levy said that Israel had taken measure unprecedented in the history of warfare to minimise civilian casualties.

“We have been clear in word and in deed that we are targeting the 7 October monsters and are innovating ways to uphold international law, including the principles of proportionality, precaution and distinction in the context in a counter-terror battlefield no army has faced before.

“That is why we spent weeks urging residents in northern Gaza to evacuate before the ground offensive. To warn civilians we placed over 70,000 phone calls, sent 13m text messages, left 14m voice messages and dropped nearly 7m leaflets urging civilians to evacuate temporarily for their safety, informing them about humanitarian pauses and precise evacuation routes.

“That is why we secured humanitarian corridors for civilians to escape Hamas, set up helplines for Palestinian civilians to tell our army if Hamas was stopping them fleeing, and that is why we designated a humanitarian zone in one of the only places in Gaza where Hamas was already hiding behind civilians.

“The Hamas rapist machine bears full moral responsibility for all the casualties in this war that it launched on 7 October and is waging inside and under schools, mosques, homes and UN facilities.”

South Africa can argue these precautionary steps have been performative at best, and knowingly ineffective at worst. But the limited reference to Hamas fighters embedding themselves in civilian life, or to Israel’s right to self-defence may make it hard for the court to accuse Israel even on a preliminary basis of the crime of crimes.
CEBA loan repayment deadline coming, potentially ‘crippling’ businesses

By Touria Izri Global News
Posted January 3, 2024


WATCH: CFIB talk CEBA loan repayment



Time is the enemy for Vancouver watchmaker Jason Gallop. He’s one of almost a million small business owners who took out a loan from the federal government during the pandemic through the Canada Emergency Business Account (CEBA) program.

The deadline to repay is fast approaching. But for recipients like Gallop the clock has already run out.

“By default, I’m in default,” Gallop told Global News. He owns the watch store Roldorf & Co. in the Gastown neighbourhood. As of December 31, 2023 he is on the hook for $40,000.

The CEBA program offered $50 billion in interest-free loans of up to $60,000 to business owners after the emergence of COVID-19. Recipients who repay most of the loan by Jan. 18 can be forgiven for up to $20,000. After the deadline, the loan will start incurring five per cent interest.
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Gallop is among around 50,000 business owners the federal government said should never have received the loan in the first place.

Those who were deemed “ineligible” had to pay it back by this past New Year’s Eve, but none of their debt would be forgiven. Gallop said in his case it all came down to a “clerical error” caught too late.

“I put in one digit incorrectly for our business number,” he said.

He only found out about the issue a year after first receiving the loan, when he tried to apply for more CEBA funds and was denied.

“I was completely blindsided.”

The watchmaker faced another setback last April when a devastating fire ripped through his store.

“I was just trying to get the business restarted, trying to start up the insurance claim,” said Gallop. “It was a very chaotic time.”

Why some warn the deadline could backfire

The Canadian Federation of Independent Business (CFIB) is asking Ottawa to give all CEBA recipients (eligible or ineligible) a further one-year extension.

“It’s gotten worse for most businesses rather than better,” said CFIB president Dan Kelly.

The CFIB said only a third of the 850,000 eligible businesses that received CEBA have repaid their loans.

If they secure refinancing, businesses have until March 28 to have part of the debt forgiven. But Kelly warns that’s not enough time.

“These businesses, I believe, are going to start to tumble in the months ahead and are likely to default on the entire CEBA loan amount.”


2:04 Calls to extend CEBA repayments again



A representative from the office of Deputy Prime Minister and Finance Minister Chrystia Freeland said Ottawa has already given multiple extensions.

“The CEBA programme provided an emergency lifeline to many Canadian small businesses,” said Freeland’s press secretary Katherine Cuplinskas in a statement on Tuesday. “In 2021, the federal government established a process in which small business owners with incomplete or ineligible CEBA applications were contacted multiple times by their financial institutions.”

Restaurants say they can’t catch a break

The restaurant industry is also pleading for an extension, saying it was banking on an economic recovery that hasn’t come.

Restaurants Canada says heavy debt, stubborn inflation, a labour shortage and slower traffic, are leaving its members with few options.

“The piece that we are most concerned about is that operators are losing the forgivable portion of that loan that they had really counted on when they took out this loan, not knowing that there was going to be four years of volatility,” said Restaurants Canada president Kelly Higginson.

According to Higginson, the summer patio season and holiday period were slower than usual because of bad weather and changing consumer habits. With less disposable income, she said Canadians are eating out less.

“We really are disproportionately impacted.”

According to Restaurants Canada, more than half of its members are operating at a loss or barely breaking even. “Pre-pandemic that number was ten per cent,” she added.

“We also had the longest lockdowns in North America,” said Higginson. “We are seeing a lot of closures.”

–With files from Abigail Bimman
Chip Wilson slams Lululemon’s diversity efforts: ‘You don’t want certain customers’

By Michelle Butterfield 
 Global News
Posted January 4, 2024 

 Lululemon Athletica Inc. founder Chip Wilson arrives for the company's annual general meeting in Vancouver, B.C., Wednesday, June, 11, 2014.
 Jonathan Hayward / The Canadian Press

Lululemon is (again) distancing itself from billionaire founder and former executive Chip Wilson after he made controversial comments about the brand’s inclusion efforts.


“(This) whole diversity and inclusion thing that they have become — trying to become like the Gap, everything to everybody…you’ve got to be clear that you don’t want certain customers coming in,” Wilson, 68, told Forbes in a wide-ranging profile published this week, adding that the athletic-wear giant is using “unhealthy,” “sickly” and “not inspirational” people in their marketing and advertising.

Lululemon founder Chip Wilson is courting controversy with recent comments he made to Forbes. Wilson attends an announcement, in Vancouver, B.C., Thursday, Sept. 15, 2022. Darryl Dyck / The Canadian Press

A decade ago, in 2013, Wilson came under fire after making comments that the brand’s pants “do not work” for some women’s bodies, responding to criticism at the time that the company’s most popular product, leggings, were see-through.

“The thing is women will wear seat belts that do not work, or they will wear a purse that does not work,” said Wilson at the time. “Or quite frankly, some women’s bodies actually do not work for (the pants).”

Critics accused Wilson of shaming women’s bodies and gathered thousands of supporters through an online petition.

Two days later, Wilson apologized in a video posted online, in which he said he was “sad for the repercussions of my actions. I’m sad for the people of Lululemon who I care so much about that have really had to face the brunt of my actions. I take responsibility for all that has occurred.”




Lululemon limits founder Chip Wilson’s influence on company



BIV: Lululemon makes a splash


It wasn’t long, however, until he came under fire again, for anti-Asian comments that surfaced in a 2004 interview.

He told the National Post Business Magazine that while coming up with the company’s name in 1998, he specifically chose a name that has three Ls because the sound doesn’t exist in Japanese phonetics.

“It’s funny to watch them try and say it,” he said.

The comments, among others, eventually lead to Wilson being ousted as an executive. He left the company in 2015. Today, he holds an eight-per-cent stake in the brand.



0:39Lululemon founder Chip Wilson steps down

Lululemon made strides in 2020 to include expanded sizing, and now includes up to women’s size 20 and men’s size 46 on some of their items.

Chip Wilson does not speak for Lululemon, and his comments do not reflect our company views or beliefs,” a company spokesperson told Bloomberg in a statement this week, following Wilson’s controversial interview. “Chip has not been involved with the company since his resignation from the board in 2015 and we are a very different company today.”
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The company said it added a chief diversity and inclusion officer in 2020 and has programs that include racial representation goals for its staff, as well as an executive steering committee.

Joanna Schwartz, a marketing professor at Georgia College & State University, told Newsweek that Wilson’s comments are “an almost definitional expression of coded language.”

“He clearly sees Lululemon as a brand where a large percentage of the population isn’t welcome,” Schwartz added. “In light of that kind of opposition, it’s really impressive that the brand has pushed against that to include a greater racial and ethnic diversity, and by addressing the brand’s formerly long-standing sizeism, which includes a focus almost exclusively on women’s sizes 00-10.”
Iranian regime official wants press banned from Canadian deportation hearing

By Stewart Bell 
 Global News
Posted January 3, 2024 

Canada's IRB is holding hearings that could result in the deportation of Seyed Salman Samani, who had been a senior member of Iran's repressive regime. Jeff Semple reports. – Dec 6, 2023



Before arriving in Canada, Seyed Salman Samani was a frontman for Iran’s government.

He can be seen in photos standing in front of a row of microphones, speaking for the interior ministry.

But now that he is in Canada, he wants privacy.

Samani, Iran’s former deputy minister of interior, appeared before the Immigration and Refugee Board for the first time on Wednesday.

The IRB is holding hearings that could result in his deportation for being a senior member of Iran’s repressive regime.

The Refugee Board ruled on Dec. 18 that the case would be heard in public, but Samani’s lawyer said he was appealing that decision.

Seyed Salman Samani, when he was spokesperson for Iran’s ministry of interior.

In a letter to the IRB on Saturday, Robert Israel Blanshay asked the Board to postpone Samani’s case while he appealed to the Federal Court.

“His concerns over his privacy, name, particular circumstances, etc…are entirely reasonable, rational and plausible,” the lawyer wrote.

“His is a high-profile, public case, more than likely garnering much attention across Canada, and internationally.”

But the IRB decided to carry on regardless. The case was scheduled to begin on Feb. 8.

IRB Member Kirk Dickenson said the Canada Border Services Agency had alleged in a March 16, 2023, report that Samani was inadmissible to Canada.

In particular, the CBSA is alleging that Samani was a senior official in the services of a government engaged in gross human rights violations, Dickenson said.
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A “senior official” includes cabinet ministers, advisors and senior members of the public service, he added.

Iran’s supreme leader, Ayatollah Ali Khamenei, right, meeting Hamas leaders Ismail Haniyeh, centre, and his deputy Saleh Arouri in Tehran, Iran, on June 21, 2023. 
(Office of the Iranian Supreme Leader via AP, File).

Samani said little during the hearing, which was conducted with the help of a Farsi interpretor. He sat in front of a window with a view of a bare winter tree.

He is believed to be the first senior member of the Iranian regime to face removal from Canada under sanctions adopted by the government last year.

The sanctions were imposed after Iran’s morality police detained and killed Mahsa Amini for showing her hair in public.

Canada responded by designating Iran’s government a regime engaged in “terrorism and systematic and gross human rights violations.”

The policy effectively barred tens of thousands of Iranian officials and Islamic Revolutionary Guard Corp members from Canada.

The Freedom Rally for Iran, in support of Mahsa Amini, continues into the evening at Mel Lastman Square in Toronto on Oct. 1, 2022.
 THE CANADIAN PRESS IMAGES/Dominic Chan.

Samani was interviewed by the CBSA in December 2022, according to his lawyer’s letter to the IRB.

On Nov. 10, the CBSA sent his case to the IRB for an inadmissibility hearing that could result in his deportation for being a senior regime member.
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As deputy minister of the interior for parliament affairs and provincial coordination and spokesperson for the Ministry of the Interior, Samani was a senior official in the government department that oversees Iran’s domestic security and police agencies, which have been implicated in widespread human rights abuses.

A second senior Iranian government official, Iranmanesh Majid, is also facing possible deportation from Canada. His case was scheduled to begin on Jan. 17, 2024.




Blanshay argued that while Samani had not previously sought to hold his proceedings behind closed doors, it was “never too late” to do so.

“The fact that S.S.S. did not pursue private proceedings in [the] past in no way weakens his current desire and request for privacy,” Blanshay wrote.

The letter alleged the Iranian regime targeted regime opponents, and that Samani was “surely defined as a person opposed to the regime.”

The Canadian government has argued that Samani was not in any danger, and fears he would be targeted in Canada were “speculative,” the letter said.

As part of his argument for holding the hearings in private, Blanshay argued that Global News intended to report on the case.

The CBSA said it was investigating 141 other cases under the Iran sanctions enacted last year. Thirty-eight have been closed without action.

Ten individuals were deemed inadmissible to Canada for being senior regime officials. Nine of those were to be referred to the IRB for hearings.

The CBSA said two cases had been sent to the IRB so far, while a third was withdrawn because the individual left Canada of their own accord.

Paperwork on the remaining cases was still being prepared before it they will be sent the IRB, the immigration enforcement agency said.

Stewart.Bell@globalnews.ca
City, police dismantle homeless encampment northeast of downtown Edmonton

Story by Phil Heidenreich • Global News

One day after the third of what police say are eight "high-risk" homeless encampments in Edmonton was dismantled, the city and police began removing another camp just northeast of the downtown core.© Global News


One day after the third of what police say are eight "high-risk" homeless encampments in Edmonton was dismantled, the city and police began removing another camp just northeast of the downtown core.

The Edmonton Police Service said work to dismantle an encampment in the area of 105A Avenue and 96th Street began Wednesday morning.

A garbage truck was parked at the scene and crews could be seen working to remove items from the area.

A number of people came to watch crews dismantle the camp and to call for more to be done to help homeless Edmontonians.

Nadine Chalifoux, the chair of the Edmonton Coalition on Housing and Homelessness, said she wants Edmontonians to witness the camp removals because she wants people to know "how inhumane this is."

"It's heartbreaking," she said, noting that the people being forced to leave may not end up in shelters because of capacity issues or because of concerns about safety there or whether they can bring pets if they have them.

"It's going to be -19 C next week. And now you're telling them they can't even take half this stuff with them ... tarps, blankets."

Jordan Morgan is an advocate for homeless Edmontonians and a volunteer for Water Warriors, an Indigenous-run street outreach team. He was also at the encampment to witness its removal on Wednesday.

A day after a homeless camp was taken down in a ravine near Dawson Park, Edmonton police and cleanup crews began shutting down and dismantling a 4th camp - this one on 105 Avenue and 96 Street near the Bissell Centre in the city's core. Slav Kornik has more on the noon news. 

Morgan said he believes the camp removals are not a viable solution to the problem and new camps will just be set up elsewhere as part of a vicious cycle.

"They're a community ... living together. ... They're all sharing and contributing to each other's cause. Now you're dispersing them across the city -- how are they going to fend for themselves?"

Edmonton-Highlands-Norwood MLA Janis Irwin was also at the site Wednesday to "bear witness" to the event.

"It's been heartbreaking," the NDP housing critic said. "These folks who are being cleared, they're my constituents.

"They may not have roofs over their heads but they matter and having a home matters."

While the provincial UCP government has invested in shelter space and taken other steps to address the crisis, Irwin said she believes the government needs to invest much more in affordable and social housing.

She also said the idea of repurposing hotels and motels to help provide shelter is one that needs to be explored again.

"I don't want to see more of my constituents die on the streets," Irwin said, noting cold weather is coming to Edmonton soon. "I fear that's going to happen."

A statement issued to Global News by the office of Seniors, Community and Social Services Minister Jason Nixon on Wednesday said the province is investing $9 billion with its partners to build 25,000 more affordable housing units by 2031 -- "an increase of more than 40 per cent."

"We also recognize that housing linked with supports is an integral part of the overall response to homelessness and we are actively taking steps to ensure help is there for those who need it. That is why Budget 2023 provides $41 million to Homeward Trust Edmonton for programs aimed at moving people out of homelessness and into housing with supports."

In a statement issued last week, Mayor Amarjeet Sohi said the city's top priority is the safety of unhoused people and the surrounding community.

"We know that encampments are not a safe situation for vulnerable people, and long-term solutions like permanent supportive housing and more affordable housing are necessary to tackle houselessness," he said, adding that the city manager has been asked to evaluate ways Edmonton can update its encampment response process, "including enhanced engagement with the social sector partners and Indigenous organizations."

"Our partners shared that they were seeking more transparency and participation in the planning process especially for high-risk encampments, a co-ordinated communication response and better data co-ordination."

A statement issued by the provincial government on Dec. 15 said it has provided funding for 1,700 shelter spaces and that it anticipates Edmonton's emergency shelter capacity would grow from 1,388 to 1,510 by the end of 2023 and to 1,700 spaces "early in the new year."

Police Chief Dale McFee and other officials in the city have described many of Edmonton's homeless camps as dangerous places because of concerns regarding fires, health, drugs and crime.

In 2023, the city said Edmonton Fire Rescue Services responded to 135 fires in encampments resulting in 22 injuries and three deaths.

Late last year, police identified eight "high-risk encampments for removal, but an emergency court injunction sought by the Coalition for Justice and Human Rights on Dec. 18, 2023, was granted by a judge and briefly postponed the plan.

While the injunction has been extended until the application for a lawsuit against the city's encampment response is heard on Jan. 11, a judge ruled that the city and police are still allowed to remove high-risk encampments as long as a number of conditions are met, including that officials ensure there is enough shelter space available to accommodate those being forced to leave.

On Tuesday, the city said more than 200 spaces remain available at Edmonton shelter locations. Chalifoux and Morgan disputed the city's claim and said they are hearing there is no shelter space left.

Chalifoux added that she does not believe emergency shelters are the answer to the problem anyway.

"They're not even a very good Band-Aid because people go there for an overnight stay, but in the morning they're kicked back out onto the street with nowhere else to go," she said. "So they have to stay warm.

"This is a crisis across the world and we need to have specific actions that we're putting money into."

In its statement on Wednesday, Nixon's office said "shelters in Edmonton are currently under-capacity and not turning people away."

"Our department watches shelter utilization numbers on a daily basis and if capacity becomes an issue, our government would take immediate action to make sure people are not turned away."

Both Morgan and Chalifoux called for more money to be invested into affordable and supportive housing and for more funding for social workers and street outreach efforts.

According to Homeward Trust Edmonton, there were 3,043 people experiencing homelessness as of Dec. 16, 2023.

Of those, 670 are homeless with nowhere to go, 1,743 are provisionally accommodated and 534 are staying in overnight shelters.

--with files from Global News' Karen Bartko and Emily Mertz

Walmart halts $100M project in Quebec, leaving many people ‘very surprised’

Story by Gloria Henriquez • 

A rendering of what Walmart's distribution centre in Vaudreuil-Dorion was set to look like. January 3rd, 2024.© Credit: Walmart

Walmart has decided to put a stop to its plan to open a $100-million distribution centre in Vaudreuil-Dorion, a decision that has taken many businesses and elected officials by surprise.

A beacon of business in the area, the 57,000-square-foot facility was supposed to be a brand new delivery hub for online orders in Quebec and Atlantic Canada. The state-of-the-art facility was expected to create 225 jobs, but many are just learning that the project is dead on arrival.

"Actually we were very surprised, we learned it through the newspaper," said Mathieu Miljours, general manager of the Vaudreuil-Soulanges Chamber of Commerce.

Walmart announced its plans to set up the facility in September 2022. The grand opening was set to be soon.

"It's a symbol for us, a big company like Walmart coming in the area, it was all making sense and now we don't know why," said Miljours.

In a statement to Global News, Walmart says that instead of moving forward with the opening of the centre, the company has "decided to accelerate upgrades to our existing network, including our Quebec stores, to unlock more omni capacities to better serve the growing needs of our local Quebec customers," writes Stephanie Fusco, the company's senior manager of corporate affairs. "By the end of our next fiscal year, we plan to invest about $100M to upgrade eight stores within the province."

"My guess is it's the economic situation, the global economic situation," said Luc Boyer, the director of territorial development at Développement Vaudreuil-Soulanges.

Vaudreuil-Dorion Mayor Guy Pilon is disappointed too, but he's looking at the bright side.

"We dealt with a promoter, the promoter built it, they paid for everything. I have a brand new industrial park for free," Pilon said.

Pilon believes it won't take long before someone else scoops up the facility, nearly completed and strategically located at the corner of Marier Avenue and Henry-Ford Street, boasting easy access to several highways.

Boyer agrees.

"I'm not really worried by the fact that it will remain empty a long time," Boyer said.

Walmart is leasing the land from Harden, a local developer. Global News called Harden's director of development but he wasn't authorized to speak on the matter.

For now, the mystery of why Walmart withdrew its project, remains unsolved.
B.C. government fined $710K for unsafe wildfire mitigation work

© Provided by The Canadian Press

WONOWON, B.C. — British Columbia's government has been fined more than $700,000 after inspectors say they found unsafe wildfire mitigation practices at a site in the province's northeast.

A summary posted online by WorkSafeBC says inspectors went to a site near Wonowon, B.C., where trees were being cut down to reduce wildfire fuel, finding evidence of unsafe cuts.

Inspectors say they also found that the provincial government as the employer did not verify faller certification and did not actively monitor work, as required by a safety program.

The $710,488 fine was imposed in October but WorkSafeBC says updates to its online penalty database were delayed for several months due to a staffing vacancy.

The Ministry of Forests said in a statement that it's "disappointed" by the situation which involved a subcontractor and not anyone affiliated with the BC Wildfire Service.

It said it agrees that "process improvements" are warranted.

"Everyone should be able to perform their work safely. We are taking action, working with all contractors and subcontractors to ensure we meet the high standards we always strive to achieve," the statement said.

It said it requires all contractors to be certified, including having their own safety program "to ensure safety certification standards are met along with WorkSafeBC regulations."

The ministry said no one was hurt in the incident and it is "reviewing its safety and contracting processes and procedures" to make sure contactors meet certification requirements to do hazardous work.

The ministry said it plans to appeal the size of the fine it was given, arguing that it was not properly calculated.

"Our view is that the amount of penalty imposed is arbitrary and disproportionately high, as the penalty was calculated using the entire Government of B.C.’s payroll for what we believe should be a specific location infraction," the statement said.

WorkSafeBC penalties are calculated based on the size of a company's payroll, but can be increased in some situations including for high-risk violations.

This report by The Canadian Press was first published Jan. 3, 2024

The Canadian Press

 Heads of 17 Canadian environmental charities collecting major compensation packages



STILL LESS THAN BIG OIL EXECS
THESE NGO'S ARE PART OF THE STATE

© Provided by The Canadian Press


MONTREAL — A small group of leaders of Canadian charities in the environment, conservation, and animal protection sectors are taking home compensation packages equivalent to, and in some cases higher than, the salaries of provincial premiers. 

An analysis by The Canadian Press identified 17 charities whose top executive drew annual compensation that was in the $200,000 to $250,000 range or higher, according to filings with the federal government made in 2022 and 2023.

The review focused on organizations recognized by the Canada Revenue Agency as registered charities in the categories of "environment" and "animal protection," which include several conservation organizations. The group of 17 with the highest salaries represents just over one per cent of all charities in those two categories.

The bracket of $200,000 to $250,000 was chosen as a cutoff because at the time it aligned with the compensation of the two highest-paid premiers in Canada — Ontario's Doug Ford with $208,974 and Quebec's François Legault with $208,200. Legault's salary has since risen to $270,120 after members of the legislature voted themselves a 30-per-cent pay raise in June.

Data was sourced from the T3010 Registered Charity Information Return forms of each organization. Compensation, as defined by the CRA, includes salaries, bonuses, honorariums and all other benefits given to employees. 

The overwhelming majority of the 864 registered charities in the two sectors examined rely on volunteers or a modestly paid workforce. Almost 59 per cent of them only have volunteers and 14 per cent have no employees earning more than $40,000. Another 15 per cent have no employees earning more than $80,000.

The charity with the highest-paid executives was Ducks Unlimited Canada, based in Manitoba. Its 2023 declaration indicates that two people earned more than $350,000, three others received between $250,000 and $300,000, and four received compensation between $200,000 and $250,000. The organization has 565 full- and part-time employees. Governments contributed just over $27 million to Ducks Unlimited for its year ending March 31, 2023, and a quarter of its $140 million in revenue came from donations.

Spokesperson Janine Massey defended the pay packages in an email. “Ducks Unlimited Canada is Canada's largest nature conservancy .... It is difficult to compare environmental non-profits due to wide variation in mission, scale, and complexity of operations," she said.

"We regularly undertake competitive compensation reviews and adjust our compensation accordingly to ensure that we can attract and retain highly skilled personnel." Among organizations that responded to requests for comment, the competitiveness argument was frequently used to justify the salaries.

Sylvie St-Onge, professor of management at Montreal business school HEC and an expert in compensation management, governance and boards of directors, said the green movement has turned into a small industry. “When they compare themselves, they're going to compare themselves to others in the industry who are like a core group of well-offs,” she said.

At the David Suzuki Foundation in Vancouver, one manager received compensation of between $250,000 and $300,000 for the year ending Aug. 31, 2022, and three others were in the $200,000-to-$250,000 bracket. Spokesperson Charles Bonhomme said the organization has always made it a priority to pay its employees fairly and noted its offices “are located in the most expensive cities in Canada: Vancouver, Toronto and Montreal." The foundation employs just under a hundred people.

Bonhomme said it called on “the expertise of a human resources consulting firm" to help carry out "a salary review across the entire organization.” He said recent staffing changes mean the salaries posted in the most recent publicly available report “no longer reflect our current team."

World Wildlife Fund Canada employs approximately 110 people, and nearly 80 per cent of its revenues come from donations. One of its executives received compensation between $250,000 and $300,000 for the year ending June 30, 2023, and two others received between $200,000 and $250,000. In its response, the organization said its compensation structure "is comparable to that of similar national charities, including in the field of the environment (…) We believe that to have the greatest possible protection, we must recruit the best individuals.”

Nature United had 36 Canadian employees, according to its 2022 statement. One manager received compensation between $250,000 and $300,000 and another between $200,000 and $250,000. Its director of communications, Jacqueline Nunes, says salaries are based on “robust salary review processes” that ensure that they are in the mid-range relative to peer organizations.

"As a non-profit organization, we take our finances very seriously and would not be compensating leaders more than necessary to secure strong leadership, which is so crucial as we work towards a Canada where people and nature are united, and ecosystems, communities and economies are thriving," she wrote in an email.

The Atlantic Salmon Federation, based in Saint-Andrews, N.B., had one employee earning between $200,000 and $250,000 in 2022. The federation, which employs 32 people, derived 22 per cent of its $6 million in revenue from government sources and 16 per cent from various donations in 2022.

"We recently completed an external compensation review, which found our salary structure to be competitive with other mid- and large-sized Canadian NGOs focused on conservation and the environment," federation spokesman Neville Crabbe said. "Whether people work in the private sector, for government, or non-government organizations, they should be compensated fairly and reasonably for the quality of their work."

St-Onge, however, suggested the high pay might be delivering a message that is at odds with the public persona of these charities, which ostensibly are there to help the planet.

"When we talk about sustainable development, it is also about social responsibility. It's like sending a contradictory message with the values ​​that there should be," she said. "Somewhere, there is a board of directors that either did not do its job or that found a rationale for it."

It would be preferable, according to her, to look for people for such organizations who are motivated by a calling rather than by ambition. “In these organizations, it is not so much the best in terms of expertise that you need, but the best in terms of mobilization, faith, belief in adherence to the mission — someone who doesn’t come so much to get the money.”

Other organizations with compensation in the higher bracket that did not respond to a request for comment include the Nature Conservancy of Canada — which in 2022 paid one employee between $300,000 and $350,000 and three between $200,000 and $250,000 — and the Alberta Conservation Association, who had one employee in the $300,000-to-$350,000 range and two in the $200,000-to-$250,000 bracket.

This report by The Canadian Press was first published Jan. 4, 2024.

Pierre Saint-Arnaud, The Canadian Press

 

Korea Maritime & Ocean University researchers develop a new method for path-following performance of autonomous ships


The developed computational fluid dynamics model can lead to more accurate predictions of path-following performance


Peer-Reviewed Publication

NATIONAL KOREA MARITIME AND OCEAN UNIVERSITY

Analyzing the Path-Following Performance of Autonomous Ships Using a Computational Fluid Dynamic (CFD) Model 

IMAGE: 

TRADITIONAL MODELS FOR ANALYZING THE PATH-FOLLOWING PERFORMANCE OF AUTONOMOUS SHIPS CAN LEAD TO INACCURATE PREDICTIONS. CFD MODELS CAN LEAD TO MORE ACCURATE ASSESSMENT AND THEREFORE LEAD TO SAFER AUTONOMOUS NAVIGATION.

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CREDIT: DAEJEONG KIM FROM KOREA MARITIME & OCEAN UNIVERSITY




The rising popularity of autonomous vehicles has spurred significant research interest in the maritime industry, particularly for the development of maritime autonomous surface ships (MASS). An essential requirement of MASS is the ability to follow a pre-determined path at sea, considering factors such as obstacles, water depth, and ship maneuverability. Any deviation from this path, say, due to adverse weather conditions, poses serious risks like collision, contact, or grounding incidents. It is thus desirable for autonomous ships to have a mechanism in place for effectively resisting deviations.

Current methods for assessing the path-following performance of autonomous ships, however, rely on simplified mathematical ship models. Unfortunately, these models are unable to capture the complicated interactions between the hull, propeller, rudder, and external loads of ships, leading to inaccurate estimates of path-following performance.

Furthermore, in response to the International Maritime Organization’s Energy Efficiency Design Index to reduce greenhouse gas emissions, the Marine Environment Protection Committee has provided guidelines to determine the minimum propulsion power required to maintain ship maneuverability in adverse weather conditions.

In light of these guidelines and the need for assessing path-following performance, a multinational team of researchers, led by Assistant Professor Daejeong Kim from the Division of Navigation Convergence Studies at the National Korea Maritime & Ocean University, has recently studied the path-following performance of MASS using a free-running computational fluid dynamics (CFD) model combined with the line-of-sight (LOS) guidance system, at low speeds under adverse weather conditions. “We employed a CFD model based on a fully nonlinear unsteady Reynolds-Averaged Navier-Stokes solver that can incorporate viscous and turbulent effects and the free surface resolution critical to path-following problems, enabling a better prediction of path-following performance,” elaborates Dr. Kim. Their findings were made available online on September 25, 2023, and published in Volume 287, Part 2 of the journal Ocean Engineering on November 01, 2023.

The team employed the CFD-based analysis on the popular KRISO container ship model equipped with the autonomous LOS guidance system. The adverse weather conditions were modeled as disturbances from the bow, beam, and quartering sea waves, and these three cases were studied at three different speeds to identify the effect of forward speeds on the path-following performance.

Simulations revealed that the ship experienced oscillatory deviations in all the three cases. In the case of the bow and beam waves, these deviations decreased with an increase in propulsion power. Interestingly, in the case of quartering waves, there was a negligible effect of propulsion power on the deviations. Additionally, the heave and pitch responses of the ship were heavily influenced by the direction of the incident waves. Furthermore, in all three cases, the roll amplitudes were consistently below 1.5 degrees. However, the team could not ascertain the effectiveness of increasing speed in improving path-following performance.

Elaborating on the implications of these findings, Dr. Kim says, “The proposed CFD-based model can provide a valuable contribution to enhancing the safety of autonomous marine navigation. Moreover, it can also offer low-cost alternatives to model-scale free-running experiments or full-scale sea trials.”

In summary, this study establishes a foundation for analyzing the path-following performance of MASS at low speeds in adverse weather conditions and could help in ensuring safer autonomous marine navigation!

 

***

Reference                                                   

Title of original paper: Path-following control problem for maritime autonomous surface ships (MASS) in adverse weather conditions at low speeds

Journal: Ocean Engineering

DOI: https://doi.org/10.1016/j.oceaneng.2023.115860                                                    

 

About National Korea Maritime & Ocean University 

South Korea’s most prestigious university for maritime studies, transportation science and engineering, the National Korea Maritime & Ocean University is located on an island in Busan. The university was established in 1945 and since then has merged with other universities to currently being the only post-secondary institution that specializes in maritime sciences and engineering. It has four colleges that offer both undergraduate and graduate courses.

To know more, visit: http://www.kmou.ac.kr/english/main.do

 

About Assistant Professor Daejeong Kim

Daejeong Kim is currently an Assistant Professor in the Division of Navigation Convergence Studies at the National Korea Maritime & Ocean University. His research interests span a wide spectrum of subject areas, including conducting CFD simulations for ship maneuverability, motions, and resistance in waves. Additionally, he explores the performance of ship path-following and collision avoidance at sea. He has also actively contributed to various domestic research and development projects related to maritime autonomous surface ships (MASS).