Thursday, January 11, 2024


Panamanian commission visits copper mine shut down after court invalidated concession



PANAMA CITY (AP) — Panama’s government on Thursday inspected a huge copper mine shut down after the country’s Supreme Court ruled in November that the government’s concession with a Canadian mining company was unconstitutional. The deal had triggered widespread street protests.

The administration of President Laurentino Cortizo has promised to carry out an orderly closure of First Quantum Minerals’ mine.

The process will take years if carried out in a way to avoid environmental impacts, according to the company, the government and outside experts.

The mine’s closure meant the loss of thousands of jobs. A small staff has remained to maintain the sprawling property.

Last March, Panama’s legislature approved an agreement with First Quantum allowing local subsidiary Cobre Panama to continue operating the copper mine for at least 20 more years. The open-pit mine was temporarily closed in 2022 when talks between the government and First Quantum broke down over payments the government wanted.

The new contract also included the possibility of extending the concession for another 20 years.

The deal set off weeks of protests. The protesters, a broad coalition of Panamanians, feared the mine’s impact on nature and especially on the water supply.

First Quantum has requested arbitration block Panama’s decision or obtain damages.

On Wednesday, Cobre Panama said in a statement that “the abrupt halt to operations before the useful life of the mine is unusual, so additional planning and preparation are needed.”

It said that at the government’s request it will present a preliminary “safe preservation and management” plan Tuesday with an eye toward the mine’s permanent closure.

An intergovernmental commission representing various agencies visited the mine Thursday. The government also invited representatives of some civil society groups. Last week, a team from the Attorney General’s Office visited as part of an investigation into complaints about possible environmental violations.

The Associated Press

Sunoco to sell 204 stores to 7-Eleven for $1.0 billion

Story by Reuters  • 

Trading information for Sunoco is displayed on a screen where the stock is traded on the floor of the New York Stock Exchange (NYSE) in New York City, U.S. REUTERS/Brendan McDermid/File Photo© Thomson Reuters

(Reuters) -Motor fuels distributor Sunoco LP said on Thursday it has agreed to sell 204 convenience stores in West Texas, New Mexico and Oklahoma to 7-Eleven Inc for about $1.0 billion.

Sunoco said the proceeds from the sale will allow them to materially reduce leverage and help them with future growth.

The Dallas-based company also announced it will acquire liquid fuels terminals in Amsterdam in the Netherlands and Bantry Bay in Ireland from Zenith Energy. Sunoco did not provide a transaction value was for the deal.


Sunoco's liquid fuels acquisition, which is expected to close in the first quarter of 2024, will provide supply optimization for the company's existing East Coast business.

(Reporting by Tanay Dhumal in Bengaluru; Editing by Krishna Chandra Eluri)

CRIMINAL CAPITALI$M

Boeing Supplier Involved With Alaska Airlines Mishap Under Fire

Story by Rich Thomaselli  • 


Alaska Airlines' Boeing 737-9 MAX.© Alaska Airlines Media

The airline parts company that made the door plugs that are the subject of the investigation of the Alaska Airlines plane in which a side panel was blown out, was sued previously.

Spirit AeroSystems, which is not affiliated with Spirit Airlines, was at the center of a class action lawsuit claiming that the company was manufacturing sub-par parts.

The lawsuit was filed in May of 2023 and amended in December.


The incident happened last week when a side panel blew off a Boeing 737 Max 9 plane midflight. The pilot was able to make an emergency landing despite the gaping hole in the aircraft, and no injuries were reported.

The Federal Aviation Administration has since grounded the impacted MAX 9 planes, which are primarily used by Alaska Airlines and United Airlines in this country.

The lawsuit was filed on behalf of investors in Spirit AeroSystems.


Both Alaska and United have said they have since found loose door bolts on some of the jets they have in their possession.


The previous lawsuit could be a damning piece of evidence, especially an email from a former employee to management claiming an "excessive amount of defects." None of the claims in the email specifically touched on the door bolts but said that Spirit AeroSystem's "quality failures were so severe and persistent that Boeing even placed Spirit on probation for multiple years."


In a statement, Spirit said it "strongly disagrees with the assertions made by plaintiffs in the amended complaint and intends to vigorously defend against the claims. Spirit will not comment further as to the pending litigation."

The lawsuit alleges that “such constant quality failures resulted partly from Spirit's culture which prioritized production numbers and short-term financial outcomes over product quality."
Indigo lays off staff as part of strategic plan, does not specify number of cuts



© Provided by The Canadian Press

TORONTO — Indigo Books & Music Inc. has laid off an unspecified number of staff as part of the retailer's ongoing efforts to streamline its operations.

Indigo spokeswoman Melissa Perri says in an email to The Canadian Press that the cuts stem from the company's strategic plan meant to return the business to profitability.

Indigo has seen several quarters of losses and a flurry of executive and board changes over the last year.

Most recently, the company reported a net loss of $22.4 million in its second quarter, a period when founder and chief executive Heather Reisman retired and turned the business over to Peter Ruis.

Ruis left the company abruptly in September, making way for Reisman to return.

Last year, the company also grappled with a February cyberattack that took down Indigo's website and saw four of its 10 directors leave its board, with one attributing her resignation to mistreatment.

"While it is a difficult decision to part ways with valued and talented employees, it is the right decision for our company and all those we serve," Perri said in an email confirming this week's layoffs.

This report by The Canadian Press was first published Jan. 11, 2024.

Companies in this story: (TSX:IDG)

The Canadian Press
Google axes hundreds as AI replaces employees 


(Getty Images)© RBC-Ukraine (CA)

Alphabet, Google's parent company, is undergoing organizational changes, involving layoffs across various teams, including digital assistant, hardware, and engineering departments. The tech giant aims to cut costs by reducing its workforce, according to Reuters and Bloomberg.

Specifically, Google is cutting jobs in its Voice Assistant unit, the hardware team responsible for Pixel, Nest, and Fitbit, and the augmented reality (AR) team. The majority of the layoffs are expected in the AR team. Additionally, roles in the central engineering team, as well as unspecified positions in other areas, are also being impacted.


The decision to let go of employees follows Google's acquisition of Fitbit for $2.1 billion in 2021. Despite this acquisition, Google has continued to develop and release new versions of its Pixel Watch, directly competing with Fitbit's devices and the Apple Watch.


A Google spokesperson says that the organizational changes, which include role eliminations, are part of an ongoing effort to enha

nce efficiency. “Throughout the second half of 2023, a number of our teams made changes to become more efficient and work better, and to align their resources to their biggest product priorities,” he said.

Related video: Google Announces Major Layoffs Across Voice Assistant and Hardware Teams, Including Fitbit (Benzinga)


The spokesperson did not disclose the exact number of jobs affected, and it remains unclear how many employees are part of the Google Assistant software and other teams facing restructuring.

AI replaces work labor

This move comes amid a broader trend in the tech industry, where companies like Microsoft and Google are increasingly investing in generative artificial intelligence (AI) technology. Google had previously announced plans to incorporate generative AI capabilities into its virtual assistant to improve functionalities such as trip planning and email management.

In January 2023, Alphabet revealed plans to cut 12,000 jobs, constituting approximately 6% of its global workforce. As of September 2023, Alphabet had a total of 182,381 employees worldwide.

Google also aims to implement AI to boost its search capacities. The technology is called Search Generative Experience (SGE), and it is expected to revolutionize how users search for information.
Sam Altman called on the tech sector to have more “empathy” for Muslim, Arab, “and especially Palestinian” colleagues amid the ongoing war in Gaza.


The chief executive of ChatGPT-maker OpenAI, one of the most powerful startups in the world, said in a post on X that Muslim, Arab and Palestinian colleagues in the tech community that he has spoken with “feel uncomfortable speaking about their recent experiences, often out of fear of retaliation and damaged career prospects.”

“Our industry should be united in our support of these colleagues; it is an atrocious time,” Altman wrote.

He added that he continues to “hope for a real and lasting peace.” But said that in the meantime, “we can treat each other with empathy.”

His comments come nearly three months since the Oct. 7 attack in Israel by Hamas militants that left some 1,200 Israelis dead.

They also come as the death toll from Israel’s counteroffensive attacks has now left 22,600 people dead in Gaza, according to the latest tally from the Hamas-controlled Health Ministry.

The ongoing carnage in Gaza has deeply divided the American public.

Advocacy groups have reported a sharp uptick in both anti-Semitic and Islamophobic discourse online, some of which has also been linked to real-world violence.

Across college campuses and corporate America, meanwhile, protests and debates have erupted that have resulted in some people losing their jobs or being doxxed and threatened.

In response to a reply to his post asking about how his Jewish colleagues were doing, Altman said, “i am jewish. i believe that antisemitism is a significant and growing problem in the world, and i see a lot of people in our industry sticking up for me, which i deeply appreciate.”

Altman continued: “i see much less of that for Muslims.”


First Nations, advocates criticize approval of nuclear-waste site near Ottawa River

 The Canadian Press

Several First Nations and environment advocates have criticized a decision by Canada’s nuclear regulator to greenlight a proposed nuclear waste site near the Ottawa River.

Following an environmental assessment, the Canadian Nuclear Safety Commission has authorized construction of a waste facility on the site of the Crown-owned Chalk River Laboratories, which tests nuclear technology in Deep River, Ont., about 180 kilometres northwest of Ottawa.

The site sits within a kilometre of the Ottawa River, on the traditional unceded territory of the Algonquin Anishinaabeg peoples.

Kebaowek First Nation councillor Justin Roy, whose community is located on the other side of the Ottawa River, said his First Nation and others are reviewing the regulator's decision and will consider all options, including asking for judicial review.

"We're not going to leave any stone unturned regarding this project," he said.

The regulator said in its approval announced this week that the project is "not likely to cause significant adverse environmental effects."

Roy said the project would cause adverse environmental effects including deforestation of almost 40 hectares of old growth forest and put several animal species at risk, including black bears and eastern wolves.

"There are a number of environmental impacts that we know are going to happen," he said.

He said the approval also violates Canada's commitments under the United Nations Declaration on the Rights of Indigenous Peoples, which requires free, prior and informed consent from an Indigenous community ahead of any development on its ancestral land.

The Canadian Environmental Law Association, an organization that was involved in the review process, said it regrets the regulator's decision.

Executive director Theresa McClenaghan said her organization is concerned that radioactive contaminants would eventually leak into the surrounding wetlands and the nearby Ottawa River.

“The design of this facility is tantamount to an ordinary domestic landfill and we know that such facilities always eventually leak to the surrounding environment," McClenaghan said.

"Given that this facility is proposed to contain radioactive contaminants that would remain hazardous for thousands of years, CELA is highly concerned that this project has been given the go-ahead to proceed by the nuclear regulator.”

The proposed facility consists of an engineered containment mound, a wastewater treatment plant, and other support facilities, and it's expected to have an operating life of at least 50 years.

It will hold up to a million cubic metres of low-level radioactive waste.

The Canadian Nuclear Safety Commission launched its environmental assessment in 2016, but First Nations have said the assessment wasn’t culturally relevant, leading them to release their own report in June, which noted the area around Chalk River was never ceded by the Anishinaabeg people, nor were they consulted when the original Chalk River Laboratories site was developed in the 1940s.

This report by The Canadian Press was first published Jan. 11, 2024.

Maan Alhmidi, The Canadian Press


Radioactive waste site ‘shoved down our throats,’ critics say

 Some First Nations and environmentalists are dismayed by the Canadian Nuclear Safety Commission’s approval of a proposed storage facility for radioactive waste that will sit a stone’s throw from the Ottawa River.

The approval of the controversial project has left critics and some Algonquin First Nations reeling because their environmental concerns fell on deaf ears, while proponents of the project maintain the facility is needed to address decades of legacy waste.

Kebaowek First Nation and Kitigan Zibi Anishnabeg were quick to condemn the decision. Both said their legal teams and environmental experts are reviewing the 160-page decision to determine their legal course of action.

“All options are going to be on the table,” Coun. Justin Roy of Kebaowek First Nation told Canada’s National Observer in an interview after the decision.

It’s too early to say for sure, but Roy said a judicial review or injunctions are potential avenues.

“Unfortunately, with the decision that was made, we suddenly feel like our inherent rights and titles are not being respected,” Roy added.

In the interim, Kebaowek will be focused on raising public awareness, lobbying government officials in Ottawa and Quebec, and continuing to work with the Bloc and Green parties, who have supported the First Nations over the past months, Lance Haymond, chief of Kebaowek First Nation, told Canada’s National Observer. 

Haymond also points to a parliamentary petition with about 3,000 signatures, which means Parliament will have to address the issue. 

The “near-surface disposal facility,” referred to as the NSDF, will hold up to a million tonnes of radioactive and hazardous waste about one kilometre from the Ottawa River, where the land slopes away from the river. It will mainly store low-level legacy waste from Chalk River Lab’s 65 years of operations, including debris from decommissioned buildings, contaminated equipment such as protective shoe covers, clothing, rags and equipment, and more. The Ottawa River holds great cultural importance for Algonquins and supplies drinking water to over a million people downstream. 

Anti-nuclear groups portray the NSDF as a “dump,” but it is a “very sophisticated containment structure with all kinds of safety barriers,” said Deep River Mayor Suzanne D’Eon.

“I'm very pleased that CNSC made the sensible solution to deal with this waste, which is less than optimally dealt with right now,” D’Eon told Canada’s National Observer. “This is going to fix things, not make them worse.”

The nuclear waste dates back to the late 1940s when Canadian Nuclear Laboratories produced nuclear power and researched nuclear technologies. Chalk River Labs is one of the region’s main employers, second only to the Petawawa military base. In recent decades, the facility has been a major producer of medical isotopes used to treat heart disease and cancer, as well as sterilizing medical and other consumer products. 

James Walker, a former AECL employee and intervenor, cautioned that some of the waste is intermediate level and should not be stored in an NSDF designed for low-level waste, pointing to issues with waste inventory and assessment processes in his submission to the CNSC.

On June 9, 2023, Pikwakanagan signed a long-term relationship agreement with Canadian Nuclear Laboratories that created a guardian program with the Algonquin First Nation so it could monitor the nuclear facilities. 

Pikwakanagan — the only Ontario-based Algonquin Nation and closest to Chalk River — told Canada's National Observer that they are not entirely surprised by the decision, Chief Greg Sarazin said.

Sarazin points to the environmental risks of the older and aging technology that currently stores decades' worth of low-level waste. He says it makes sense to consolidate the waste into a single storage facility with modern engineering designed to outlive its radioactive properties.  

"The NSDF is designed to clean up the CNL site rather than make it worse," he said in a statement.

However, Algonquin First Nations on the Quebec side of the Ottawa River feel that Canadian Nuclear Laboratories and the Canadian Nuclear Safety Commission are not actively consulting and building relationships with all Algonquins. 

“This just goes to show that the Government of Canada will just shove these projects down our throats and force and force it upon us,” Dylan Whiteduck, chief of Kitigan Zibi, said. 

Both Whiteduck and Haymond were concerned the hearing last August was lip service for their concerns laid out in an Algonquin-led environmental assessment. When the decision was made without addressing any of those concerns, their worries were actualized.

“This is not reconciliation. This is a dictatorship,” Whiteduck said. 

There are also concerns about a deal made with the Algonquins of Ontario, a controversial First Nation organization accused of manufacturing Indigenous membership from dubious ancestral claims. Haymond looks at both deals and sees a purchasing of consent.

“They bought consent by offering financial resources and job opportunities, and [Pikwakanagan] is there to monitor the slow poisoning of the site, perch lake, and eventually the Ottawa River.” 

D’Eon and the Deep River Council have been supportive of the NSDF since the regulatory process began in 2016 and are glad to see a decision from the CNSC after nearly eight years. 

She believes constructive criticism is important for all projects, including this one. “But it gets to the point where it's just stupid panic-mongering, fear-mongering and trying to scare people to rile public attention or interest against something that is actually going to fix things purely because certain people have a very, very deep-seated hate, lifelong hate, of nuclear,” said D’Eon. “Unfortunately, a lot of people have been hoodwinked by that.”

Concerned Citizens of Renfrew County “are the ones trying to negatively influence groups like Indigenous groups and things like that,” said D’Eon.

She said the citizen group has been “feeding them information” and First Nations like Kitigan Zibi and Kebawoek rely, in large part, on this information. 

This couldn’t be further from the truth, said Roy, pointing to multiple environmental studies Kebaowek undertook in collaboration with CNL, the findings of which were presented at the licensing hearings.

“We are never influenced by outside voices. We do what is right for ourselves based on facts that we come up with ourselves,” said Roy, speaking for Kebaowek and their responsibility to their unceded traditional territory.

“This is information (and) research that we did, our own teams of people did — not the Concerned Citizens of Renfrew County or any other opposition group. This was strictly Kebaowek-based work and research,” said Roy.

When talking to communities about the NSDF, Roy said he doesn’t push an anti-nuclear agenda, but rather informs people of the existing waste problem and proposed solution so people can draw their own conclusions. The waste problem must be solved, but the NSDF is not the right solution, he added.

At the heart of Kebaowek’s concerns is inadequate consultation. Kebaowek and Kitigan Zibi previously got the CNSC to delay its decision so they could present their findings to the commission, but say the process still failed the duty to consult.

D’Eon said the well-publicized consultations have been delayed several years to accommodate more consultation.

“If somebody wasn't given a direct invitation eight years ago, they have been in the last few years, so they've had the opportunity,” she added. “There's also an obligation on people to involve themselves and I guess that's part of this, too.”

It’s “frustrating” and “disheartening” for an elected official of a non-Indigenous community to express this sentiment, said Roy. 

“It's a very, very, very colonized approach to thinking about Indigenous Peoples,” and shows a clear misunderstanding of the duty to consult and what it means for Indigenous people to have inherent rights protected by the Constitution Act, said Roy.

“If we have elected officials of non-Indigenous communities who still want to speak like this and talk about Indigenous Peoples being hoodwinked and providing fear-mongering to the public, I mean, wow, I really don't know what to say,” said Roy.

Jane Toller is warden of Pontiac, a municipality directly across the Ottawa River from Chalk River Laboratories. Unlike Deep River town council, Toller’s municipality and more than 80 others on the Quebec side, all the way to Montreal, previously passed resolutions opposing the NSDF project.

“The part when I stepped back that bothers me the most is that this is a violation of a declaration that was made by the United Nations saying that no [hazardous] storage could be on Indigenous land,” said Toller in an interview with Canada’s National Observer. “And that is exactly what this is.” The declaration requires free, prior and informed consent.

Natasha Bulowski and Matteo Cimellaro / Local Journalism Initiative / Canada’s National Observer

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


Sask. teachers to stage one-day strike on Jan. 16 as bargaining with province at standstill

Author of the article: Alec Salloum • Regina Leader-Post
Published Jan 11, 2024 • 
\
PHOTO BY GETTY IMAGES


Despite fast approaching job action, the president of the Saskatchewan Teachers’ Federation (STF) emphasized that a one-day strike is a last resort.

“We do not want to take this action,” said Becotte, STF president, on a Thursday morning virtual news conference.

“We’ve been trying to avoid this for the last seven months.”

With five days notice the STF announced a provincewide, one-day strike to be held on Jan. 16 by its more than 13,500 members as contract negotiations remain at a standstill.

“Unfortunately, government continues to refuse to make any agreements directly with teachers that provides improvements to schools and classrooms,” said Becotte.

She hopes the one-day strike will be enough to get the province back to the table.



STF says job action 'virtually inevitable' after failed talks with province


Saskatchewan stories of the year: Teachers’ union and province duke it out over new contract


Conciliation report urges province, STF to 'keep talking' about classroom complexity


Explainer: A brief history of teachers' strikes in Saskatchewan


Minister of Education Jeremy Cockrill expressed “disappointment” in the move to job action, in a written statement provided Thursday.

He said the Government-Trustee Bargaining Committee (GTBC) is ready to sit down and bargain at any time, but has maintained matters of classroom complexity will not be dealt with at the bargaining table.

“Outside of that process, we have demonstrated our commitment to addressing classroom complexity with record funding, and two brand new pilot projects announced just this week,” the statement said.

A major sticking point between the STF and the GTBC is classroom size and complexity.

Both sides, while admitting it is an issue, differ on where the matter should be resolved; the union says the bargaining table, while the government says school divisions. A report from a conciliation board released earlier this week said it is “not prepared to make a recommendation in that regard. It is far too complicated a matter, involving legal arguments of statutory interpretation and Charter principles.”

Ahead of the one-day strike, Becotte emphasized that while the union only needs 48-hours to enter a strike position, the advanced warning is for the benefit of children and parents who will need to arrange childcare. Becotte said the five-day warning is a demonstration of the union “bargaining in good faith.”

Despite several months and sit downs Becotte said there has not been any movement from the GTBC, which has offered a seven per cent raise over three years. She’s hoping that this action will lead to the government coming back to the table with a new mandate.

The STF said the job action comes after several actions like rallies, letter writing campaigns and more, but there are few other mechanisms for the union. For example, the ability to opt for unilateral binding arbitration is not possible for the STF. This change came with Bill 63, which passed in 2017 and requires both parties, instead of one, to agree to binding arbitration.

Both the government and the union have said they are willing to get back to the table. Becotte said they’d be game to sit down “at any time if government is willing to discuss longer term commitments to address class complexity.”

The matter of class complexity remains the keystone to bargaining talks, Becotte said, as it affects students first and foremost.

“These working conditions are our students’ learning conditions. Children and their families deserve to know that they will have the support that is needed for them to thrive during their years in public education,” said Becotte.

What the job action looks like on Jan. 16 remains to be seen. The STF said 90 per cent of teachers voted, 95 per cent of which voted in favour of taking job action, but that won’t necessarily mean provincewide pickets on Tuesday.

More job action, a longer strike, work to rule and other options remain, but while speaking about those possibilities Becotte remained steadfast that the goal at the end of the day is a deal.

“Teachers have done everything we can to find a resolution to this process.”

alsalloum@postmedia.com

 Invasive clover in Yukon can help clean mine water, even in the cold: researcher



© Provided by The Canadian Press


Apesky invasive plant found in many areas of Yukon could be put to use helping clean contaminated water from mines, research suggests.

But the closure of Minto Mine, 240 kilometres north of Whitehorse, last summer means researchers have been stalled in their efforts to test what they found in a real world environment.

Master's degree student Taylor Belansky said a Sea-Can full of lab equipment for their pilot project remains on the site after the copper and gold mine was abandoned in May.

Belansky's work at Yukon University focused on bacteria that can remove nitrates from mine water by converting the contaminant into gas. But doing that most effectively depended on finding the right source of nutrients for the bacteria.

She said she tested food sources ranging from wood chips to waste from the local brewery but found that invasive white sweet clover helped to remove 99 per cent of nitrates from the water.

In practice, contaminated water would be pumped through long Plexiglas tubes containing both the bacteria and the clover. The water would flow at a rate allowing the bacteria enough time to consume the nitrates. 

Belanskyfound this passive method of cleaning the water, using bacteria rather than filters or other forms of human management, was able to work in cold northern temperatures in a similar way to how it is already used in some southern projects.

"What we really had to do was make sure that we could use it and adapt the system to work in cold climates," she said.

"So, we did that by changing the amount of food that we gave (the bacteria) and also changing … how much time it took the water to pass through the system so the bacteria could be in contact with the contaminated water and have time to remediate it." 

"Those are the two factors that we found we could manipulate to make sure that this treatment system worked in the cold." 

Nitrates and nitrogen naturally exist in the environment, but activities like blasting at mines can release more into the environment and throw off the balance of an ecosystem.

Belansky said too many nitrates can cause algae blooms, impacting the oxygen levels in water and suffocating fish, as well as potentially affect drinking water.

She said Minto workers would have no problem finding white sweet clover, which grows across much of the territory, including near the mine

The Yukon Invasive Species Council warns that the plant "readily invades open areas and forest clearings as well as on river banks," pushing out other species and degrading natural grasslands. 

"Mines are actually mandated to manage their invasive species on site. So, we would never want to be planting it intentionally, we wouldn't want to be spreading it in a way that would allow it to continue its invasion of the natural ecosystem," Belansky said.

"It's more like harvesting it, taking it out of the places where it's a problem, and kind of containing it in our treatment system."

Belansky said the pilot project would examine how the bacteria responds in the fluctuating temperatures in nature, how often the clover needs to be added to the soil, and whether it works better after being composted. 

"The rest of the research team is hoping to be able to access the Minto site in the coming years, hopefully next year, to set up that pilot project and test the system in those conditions," she said.

The Yukon government controls entry to the site along with the Selkirk First Nation.

The Department of Energy Mines and Resources said in a statement that it appreciates the work researchers do to understand approaches to mine remediation. 

"We plan to work with Yukon University and the Minto site operator to facilitate the continuation of this research," the statement said.

"We will be speaking with the university soon to better understand how this research could be done without conflicting with reclamation works happening on the site."

For now, Belansky said she's working on finishing her Master's thesis and waiting to get DNA tests back that will reveal exactly what type of bacteria is in Minto's soil. She then hopes to publish her findings.

The mine was put up for sale by a court-appointed receiver in August.

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

Ashley Joannou, The Canadian Press

Saskatchewan government lawyers argue pronoun case a 'Trojan horse'

"(These) are improper motives and the court should not be drawn into such an exercise."

Author of the article: Larissa Kurz
Published Jan 11, 2024 •
Deron Kuski, of firm MLT Aikins and acting as legal counsel for the Government of Saskatchewan, walks out of the Court of King's Bench during lunch break of a hearing regarding legal action against government's pronoun consent policy in Regina on Wednesday, January 10, 2024. 
PHOTO BY HEYWOOD YU /Regina Leader-Post

Lawyers for the Government of Saskatchewan say the UR Pride Centre for Sexual and Gender Diversity has “improper motives” in asking the court to allow litigation against the province’s pronoun consent law to continue.

Deron Kuski and Milad Alishahi, private counsel from firm MLT Aikins representing the province, stood Thursday to argue the entire case should be ruled moot, regardless of any amendments sought by the non-profit to the case it originally filed in August.

“Our submission is that nothing will remain of the originating notice to be dealt with, if you accept our submissions,” Kuski told a Regina Court of King’s Bench justice.

UR Pride’s original filing sought to challenge a policy directive requiring schools to inform parents should students under 16 ask to change their names or pronouns, on grounds that it violated sections 2, 7 and 15 of the Charter of Rights and Freedoms.

Kuski argued the matter is no longer relevant, as the policy directive in question was rescinded when the province passed Bill 137, or the Parent’s Bill of Rights, which enshrined provisions from the former policy directive into law.

The use of Section 33, or the notwithstanding clause, when the government passed Bill 137 in October shields the law from Charter challenges under the sections outlined in the original filing, Kuski added.

Kuski further advised the court that the government is not opposed to letting UR Pride amend its application to instead target Bill 137, rather than the Parental Inclusion and Consent policy as originally filed.

The opposition is to UR Pride attempting to add a claim the law violates Section 12 of the Charter, which protects a person’s right not to be subjected to any cruel and unusual treatment or punishment.

Kuski labelled the proposed Section 12 challenge as “a creative way to get around the legislation,” referring to arguments Wednesday from UR Pride counsel Adam Goldenberg when he said they had to consider a different section “because of the decision the Legislature made.”

“This is a Trojan horse to try and convince the court to continue this claim, for reasons other than a belief in merit. They’re trying to do indirectly what they cannot accomplish directly,” he said.

“It’s not an attempt to raise real issue between the parties, but to navigate around their own fallacies of the use of the notwithstanding clause.”

Said called adding a new claim after-the-fact an “abuse of process” that he posited makes the case “frivolous.”

He claimed UR Pride’s arguments “do not meet the threshold” necessary, and that their timing is strategic.

UR Pride had “the whole of the Charter” when crafting the original claim and chose not to include Section 12, he said.

Kuski argued UR Pride is attempting to use the court system to “hold government accountable or inform the electorate,” which he said is “not the role of the judiciary.”

“Those are improper motives and the court should not be drawn into such an exercise,” Kuski said.

“There is a risk here that rather than your courtroom be used to as a means to resolve what are genuine disputes between parties, it’s used — and I mean this with no offense — as a political soapbox,” Alishahi told Justice Michael Megaw.

UR Pride continues effort to challenge Saskatchewan pronoun law

Sask. education minister received 75 letters in immediate wake of pronoun policy


Further, invoking Section 33, or the notwithstanding clause, in Bill 137 is not an admission of a violation of rights, as alleged by Goldenberg, said Kuski.

The reasons government put forward the bill as it did “isn’t really relevant” to the court, he argued.

“The fact is they have this power in the Constitution and they’ve exercised it,” he said. “The position of government in this matter is there were no charter breaches in this legislation.”

He furthered that “more harm is caused without the legislation, than with the legislation,” as there is no process to address the potential harms caused by “secret social transitions,” the term used for gender identity changes without parental consent.

The legislation “better protects” youth, because it requires school staff to put together a plan to approach the parent, he argued.

Kuski continued that to add Section 12 is to open a new argument, and as such requires a new proceeding. Government suggests a statement of claim is more appropriate than an originating application.

Should the originating application be struck, as suggested, and UR Pride put forward a statement of claim, Kuski advised government would oppose on the same merits as argued Thursday.

Responding to the day’s arguments, Goldenberg stood again to call the concept of “secret transitions” touted by government a “bogeyman.”

“This language of secrecy is, frankly, insulting to gender diverse youth and professional educators,” he added.

He went on to address the government’s position that it was “vexatious” to ask the court to hear the case and issue a declaration on its merits.

“I’m sorry accountability under the Constitution is annoying,” he added.

Kuski had earlier in the day indicated he’d be willing to speak to media outside the courthouse, if his client was amenable.

Media were later informed that neither of the lawyers representing the province would be made available, with no explanation offered for why a statement from a government spokesperson would be provided instead.

“The majority of Canadians and Saskatchewan citizens are in favour of parental rights and do not believe that these rights constitute ‘cruel and unusual punishment,’ which is an unprecedented Charter argument generally used in penal cases,” the emailed statement read, before concluding that no further comment could be provided “at this time” as the matter is before the courts.

Megaw reserved his decision, promising to deliver it in a timely fashion.

Two additional intervener applications from Regina Civic Awareness and Action Network and Our Duty Canada also remain undecided, he said, which may or may not require another hearing.

lkurz@postmedia.com