More than 150 workers killed on the job in BC in 2020


British Columbians continue to face workplace related injury, disease and death at a concerning rate.

BC’s 2019 workplace death rate reached more than 200 deaths, tying for the previous high of 203 fatalities, a record high set in 2014.

In 2020, 151 workers in BC died from a workplace injury or disease. 63 were fatalities due to traumatic injury and 88 were fatalities due to occupational disease.

According to WorkSafeBC, people in BC missed 3.2 million days of work in 2019 due to workplace related disease and incidents.

The most commonly reported injuries reported were:

In 2019, there were 5,440 claims of a mental disorder which resulted work-related stress, such as harassment, workplace bullying or as a reaction to a traumatic event, a stark reminder that not all injuries suffered in the workplace are physical.

Of all those injured on the job, 59% were male and 41% were female. The average age of workers injured on the job was 42; 13% were under the age of 25 and 22% were over the age of 55.

Deaths are broken down in BC by sector, with general construction claiming, by far, the highest number of lives, with 30 deaths in 2019. This was followed by 25 deaths in transportation and warehousing, 24 in manufacturing, and 21 in public administration.

In primary resource industries, forestry was the deadliest sector, claiming eight lives.

The COVID-19 pandemic has brought another hazard into the workplace, and employers must be diligent in following all health and safety protocols, including increased cleaning and sanitization, and measures which allow for physical distancing wherever possible.

“WorkSafeBC has the responsibility to enforce health and safety rules at workplaces. It is the number one priority that they have,” said BC Minister of Labour Harry Bains.

“Workers have the right to a safe and healthy workplace. They have the right to orientation and training, and the right to refuse unsafe work. Every workplace incident requires an investigation to determine causes and how to prevent future incidents from occurring. These are rights provided to workers through our health and safety legislation and regulations.”

Morgan Hampton, Local Journalism Initiative Reporter, Merritt Herald

What History Can Tell Us About Working as an Immigrant Nurse in Canada

Like many internationally educated nurses (IENs) in Canada, Jeff Kua came to the country through the Live-in Caregiver Program.

It was 2010. His grandmother in Ontario had suffered a stroke, so his uncle suggested that Kua come to Toronto as her caregiver.

With his experience as an operating room nurse in the Philippines, however, Kua knew he’d eventually return to the profession he once served and trained for.

He started preparing for his nursing registration a year after he arrived. Back then, the College of Nurses of Ontario (CNO) considered work experience as a registered nurse (RN) within the last five years as valid. This means that by the time Kua could pursue working as an RN—after completing his two-year caregiving work requirement for permanent residency, and applying for an open work permit—his clinical experience would still count.

But things had changed by the time he received his assessment from the CNO, sometime between 2013 and 2014.

“They said I had to go back to school because they changed their policy—instead of accepting nursing experience in the last five years, they [changed] it to three years,” says the 37-year-old.

“So in the time they took to assess my documents, I basically ran out of experience. So I needed to go back to school.”

Kua took the Academic Pathway for Internationally Educated Nurses Program, a graduate certificate program at George Brown College, in 2015.

Still, it wasn’t enough.

After completing the program in 2017, Kua was told he now needed university-equivalent credentials.

This requirement wasn’t mentioned in his earlier assessment letter, which outlined the ‘gaps’ in his nursing experience and provided a list of colleges that offered programs to cover those gaps.

“After I finished the two-year program at George Brown, they sent my transcript to the CNO. The response I got back was that I didn’t meet the education requirements,” says Kua. “They updated my ‘gaps’, and added more requirements.”

Kua’s experiences are not uncommon. Many IENs come to Canada through the caregiver pathway and later find it difficult to practice as RNs.

This is due to many factors, including the time and financial resources it takes to complete bridging programs and language proficiency requirements that come with expiry dates, particularly the International English Language Testing System (IELTS), where results are valid for two years. Delays in paperwork, such as PR backlogs and document retrievals from educational and professional institutions overseas, make the process more time-consuming and expensive.

This hasn’t always been the case, however.

According to Valerie Damasco, a lecturer and researcher at the Ontario Institute for Studies in Education at the University of Toronto, historical documents reveal Canada’s recruitment of nurses from the Philippines in the early 1960s—among whom was her aunt.

“I’m not sure if the correct word to use here is ‘easy,’ but certainly [Filipino] nurses fit the criteria [of nurses] they needed here,” Damasco says, referring to the ease with which IENs from the Philippines were then able to work as RNs in Canada.

Damasco is currently completing a book based on her doctoral thesis, which explores the migration of Filipino nurses to Canada from 1957 to 1969. She found that Filipino nurses arrived through direct recruitment from hospitals in Canada, or through the U.S., where nurses who completed an exchange program would migrate northward instead of returning to Asia.

With the shortage of nurses in Canada, it wasn’t difficult for Filipino IENs to start working in Canadian hospitals right away, says Damasco. It also helped that the nurses who were educated in the Philippines went through an American curriculum, and eventually worked in hospitals with an Americanized setup.

“If you were to ask these nurses what they did as soon as they arrived in Canada, they said they didn’t have an orientation. They started working the next day. They already knew how to manage the floors, without having to receive additional training from the hospital. They knew what they were doing,” says Damasco.

“So these were candidates that [Canadian hospitals] really wanted, who fit the criteria that they were looking for.”

Many things have changed since, one of which was Canada’s implementation of the immigration points system in 1967.

“Funnily enough, when I was talking to some of those who arrived here in the late 1960s—when the points system was enforced—that was when they were having more difficulty getting employed,” she says.

“If we’re talking about de-professionalization and deskilling, in my view, that’s when it starts to happen, right? When we go from [becoming a] registered nurse, practicing in the nursing field, to becoming an RPN (registered practical nurse), to this point today where we are not allowing nurses to practice the profession in which they were trained,” she adds. RPNs are considered college-educated professionals, who are able to get their diplomas and practice as nurses sooner than RNs. The latter have a four-year bachelor’s degree and are permitted to assist in more complex health issues.

“I think it’s a process, you know, it doesn’t happen overnight. It happens as a result of the restructuring of the healthcare system, the restructuring of the education system. So it’s very connected to history.”

The pandemic has compounded the obstacles to nursing registration. For Jè Abarra, a nurse with five years of work experience in the Philippines before coming to Montreal in 2016, practicing as an RN is less of a priority due to the pandemic.

“It’s complicated right now—I cannot get my credentials from the Philippines,” says the 29-year-old licensed practical nurse (LPN; equivalent to Ontario’s RPN), who currently works in the operating room of a local hospital. While she has the necessary paperwork, the Ordre des infirmières et infirmiers du Québec (OIIQ), or Order of Nurses of Quebec, requires documentation sent directly from the issuing authorities.

“I get discouraged to process my papers because I know it’s gonna take a longer time. One of the reasons I pursued the LPN here is because it takes a long time to get admitted to the bridging program here in Quebec.”

There is only one English nursing bridging program in Quebec to cater to IENs who do not speak French.

“I am not a hundred per cent sure I would get my RN license here,” says Abarra. “Maybe in the next five years. I want to think about it in the next five years.”

On March 4, the CNO announced that they would be considering the passing of the National Council Licensure Examination (NCLEX-RN), an exam for the licensing of nurses in the US, Canada, and Australia, as part of the approval process for evaluating IENs registering as an RN in Ontario.

“Passing the exam will serve as evidence that an applicant has demonstrated the required entry-level nursing knowledge, skill and judgment to meet the nursing education requirement,” says the CNO in a statement.

“IEN applicants…will now meet the nursing education requirement, if they successfully completed the NCLEX-RN exam on or after Jan. 1, 2015.”

This would have meant Kua would be able to practice as an RN—he took the NCLEX-RN exam in Texas, and currently still holds a valid RN license in the US.

If only the cutoff date had been earlier: he passed the exam in 2009.

“It’s crazy, because for me, I [passed the] NCLEX,” says Kua. “Before I came to Canada, in 2009, I wrote the exam. I’ve been telling CNO that I [passed the] NCLEX, so why do I have to go back to school?”

“That should be enough, you know, to know that you’re competent to work as a nurse, right?” he says.

Asked about the cutoff date, a spokesperson for the CNO says their assessment of applicants “must reflect the most up-to-date RN Entry-to-Practice Competencies.”

“This is crucial because it shows us that applicants possess the required nursing knowledge, skill and judgment equivalent to that of a current graduate of approved Ontario baccalaureate degree nursing programs. The most recent versions of the NCLEX-RN exam reflect these up-to-date competencies.”

The CNO added that they are conducting a comprehensive review of the application process for IENs looking to practice in Ontario.

“We are aiming to make our assessment practices more efficient, update our policies related to four registration requirements, and reduce the time it takes qualified IEN applicants to become eligible to register in Ontario.”

Kua, who currently works as a personal support worker (PSW) and RPN, says he’s frustrated; he’s not sure how he’ll move forward. “I still don’t qualify because they only accept people who have [passed the] NCLEX from 2015 onwards,” he says. “So having said that, I [still] have my NCLEX from 2009.”

“I think, just to be fair, the licensing body for nursing has to be considerate of nurses who have experience.”

Johna Baylon, Local Journalism Initiative Reporter, New Canadian Media

IT IS THEIR ANTI SEX WORKER LAW
Conservatives call for appeal of Ontario court decision that found federal prostitution law unconstitutional

Brian Platt 

4/29/2021

OTTAWA — Conservative MPs are calling for an appeal of an Ontario Superior Court decision that declared parts of the federal prostitution law unconstitutional, including a provision that bars any third-party advertising of sex work.

© Provided by National Post Attorney General of Canada David Lametti's office has declined to comment on whether it supports an appeal of the prostitution law ruling.

However, while the MPs wrote to Justice Minister David Lametti to ask him to appeal, a spokesperson for Lametti said the federal Justice Department is not a party to the case and it’s the Ontario attorney general’s office that will make the decision. If an appeal happens, the federal attorney general could then choose to become an intervenor.

An Ontario attorney general spokesperson declined comment on Wednesday when asked about an appeal.

“We are concerned that in the ruling, the Justice struck down a number of sections that are critical to protecting individuals in the sex trade and which target those who would prey upon and manipulate them,” said the letter from Conservative MPs Rob Moore, Jag Sahota and Pierre Paul-Hus. “We call upon your government to defend the law while ensuring continued supports are available for women to exit the sex trade.”

The legislation at issue, Bill C-36, was passed by the Conservative government of Stephen Harper in 2014 in response to the Supreme Court of Canada’s decision in R. v. Bedford, which had found Canada’s sex work laws unconstitutional. Those laws had made it illegal to operate brothels, live on the avails of prostitution, or communicate in public for the purpose of prostitution.

The Harper legislation was aimed at criminalizing the purchasing of sex as opposed to the selling of it. However, it also criminalized advertising sexual services or receiving any material benefit from someone purchasing sex work, while making an exception for those directly selling their own sexual services. Critics have argued C-36 still forces sex workers into a dangerous black market and prevents them from sharing costs and collectively protecting each other.
Criminal laws violate charter rights of sex workers, advocates say in court challenge
Parts of prostitution law found unconstitutional, Ontario judge rules

Although Prime Minister Justin Trudeau voted against C-36 as an MP and made vague promises to reform it, the Liberals didn’t include repealing C-36 in their election platforms and haven’t taken any legislative steps on it since forming government.

Instead, it may be the courts that force changes to the law, depending what happens with other cases and any appeals.

In reasons released April 21, Ontario Justice Phillip Sutherland declared three sections of C-36 to be unconstitutional and therefore of no force and effect. He also declined to temporarily suspend his ruling to allow Parliament the option of writing new laws in the meantime. A publication ban covers all other details of the case besides the constitutional issue.

Sutherland struck down sections 286.2, 286.3(1) and 286.4 of the Criminal Code, finding them in violation of the Charter’s section 7 right to life, liberty and security of the person. These sections prohibited advertising sexual services, receiving a material benefit from purchasing sexual service, and taking part in procuring someone for the purpose of providing sexual services.

In his ruling, Sutherland said that in general these sections prevent sex workers from taking steps to protect their health and safety. “This form of prohibition is similar to what was the constitutional invalidity in Bedford,” Sutherland concluded.

Last year, an Ontario provincial court judge had also found parts of C-36 unconstitutional. But the Sutherland ruling, coming from a higher court, has more sweeping implications and could end prosecutions of the impacted sections in Ontario unless it’s overturned.

Lametti’s office declined to comment on whether it supports an appeal.

“We are aware of the court’s decision,” a spokesperson said. “It will be up to the parties involved to determine whether or not to seek an appeal. As this case remains in the appeal period, it would not be appropriate for the Attorney General of Canada to comment further.”

Other court challenges are also underway to C-36, including one from the Canadian Alliance for Sex Work Law Reform filed in the Ontario Superior Court that challenges other sections of the law. In a news release last month, the organization said C-36 forces “sex workers to work in a criminalized context where sex workers are isolated from supports, made vulnerable to exploitation, eviction, and subpar working conditions, and targeted for violence.”

In their letter, the Conservatives argue C-36 targets individuals “who exploit vulnerable sex workers by reducing the demand for prostitution and providing funding for those who want to exit the sex trade.”

“This law has contributed to the safeguarding of our communities from the harms of sexual exploitation and abuse,” the letter says.

• Email: bplatt@postmedia.com | Twitter: btaplatt

'We do not welcome interference': When First Nations break with environmentalists

It’s been dubbed the new “War in the Woods”: A growing Vancouver Island protest encampment aimed at disrupting planned logging in Fairy Creek, an expanse of old-growth rainforest located just north of the British Columbia capital of Victoria.

© Provided by National Post Active logging near Fairy Creek protest camps in Port Renfrew, B.C., on Tuesday, April 6, 2021.

But this month yielded an unexpected twist in the Fairy Creek saga: Local First Nations leadership are definitely not on board.

“We do not welcome or support unsolicited involvement or interference by others in our Territory, including third-party activism,” read an April 12 letter drafted by the Pacheedaht First Nation, whose traditional territory encompasses the Fairy Creek watershed. The letter was posted to Twitter by Nathan Cullen, B.C.’s Minister of State for Natural Resource Operations

The letter denounced “increasing polarization” over forestry activities in the area, and asserted the Pacheedaht right to determine how the forest is used. “Our constitutional right to make decisions about forestry resources in our Territory … must be respected,” it read.

It’s a phenomenon that is becoming not all that uncommon in British Columbia which – unlike much of Canada – sits largely on untreatied land. As the province’s Indigenous communities acquire greater control of development and natural resources, they are increasingly butting up against environmentalist groups who claim to represent them.

In early 2020, Southern Vancouver Island’s Scia’new First Nation denounced Extinction Rebellion Vancouver Island after the group blockaded the home of B.C. Premier John Horgan, ostensibly in defence of the recognition of Indigenous rights.

“We find it disturbing that you would ignore our rights and titles over our traditional territory and not follow protocol and ask permission to enter,” said the letter, which also demanded an apology to the Scia’new community, chief and council.

Around the same time, a different Vancouver Island faction of Extinction Rebellion was also denounced by K’òmoks First Nation for an illegal highway blockade that activists asserted was devoted towards “defending our home in the K’omoks Territory.”

“This event was organized by non-indigenous Comox Valley residents who aren’t connected to our territory in the same way as K’òmoks, and in no way represent K’òmoks or our values,” wrote K’òmoks chief Nicole Rempel in a statement at the time .

Fairy Creek, located about a two-hour drive from the B.C. capital, is one of the last unlogged valleys of coastal rainforest in all of British Columbia. According to the Ancient Forest Alliance, Fairy Creek is home to some of the world’s largest yellow cedars , including several specimens that may be more than 2,000 years old

.

© James MacDonald/Bloomberg A demonstrator pictured next to trees in the Fairy Creek watershed on Tuesday, April 6, 2021.

Pacheedaht First Nation encompasses 284 members, 97 of whom live on reserve. Pacheedaht is in the process of negotiating a modern treaty with the B.C. government, and in recent years has moved heavily into the forestry sector . The nation owns a log-sorting facility, a sawmill and cutting rights to several woodlots. In 2017, the nation signed a memorandum of understanding with TimberWest Forest Corp.

In the April 12 letter, Pacheedaht noted their use of forestry resources is guided by a stewardship plan, “which will include the identification of special sites, traditional use areas and places where conservation measures will be in place.”

Although two thirds of Fairy Creek are subject to existing protections, the remaining third is subject to a tree-cutting licence owned by the Surrey-based forestry company Teal-Jones Group.

After Teal-Jones began moving equipment into the area in August, a group calling itself the Rainforest Flying Squad quickly moved into the area to blockade roads. While Teal-Jones successfully obtained an injunction earlier this month to arrest protesters, the area remains at a stalemate.

© James MacDonald/Bloomberg A Rainforest Flying Squad blockade of a logging road in Fairy Creek.

The original “War in the Woods” occurred in the early 1990s in Clayoquot Sound, about 100 kilometres north of the Fairy Creek watershed. In one of the largest acts of civil disobedience in Canadian history, hundreds of protesters ignored a court injunction and faced arrest in order to prevent MacMillan Bloedel logging operations in the area.

In the case of Clayoquot Sound, local Nuu-chah-nulth First Nations — most notably the Ahousaht and Tla-o-qui-aht — had been among the first to oppose planned logging operations in the area by declaring a tribal park over Meares Island, one of the most celebrated areas targeted for clear-cutting.

Although First Nations and environmental groups had a mutual desire to prevent wholesale clearcutting in Clayoquot, conflict did emerge over the latter’s goal to preserve the region as a pristine wilderness. Speaking at a Clayoquot Sound fundraiser at the time, Ahousaht spokesman Clifford Atleo said that his nation did not oppose logging on its face and that “natives become annoyed when non-native environmental leaders make public statements such as ‘not another tree will fall’ in Clayoquot Sound.”

© Don MacKinnon/Vancouver Sun Clayoquot Sound logging protesters pictured in July, 1993.

Clayoquot Sound never came under formal protection from logging, but the protests ultimately caused MacMillan Bloedel to pull out of the region. Clayoquot tree farm licences then reverted to smaller, First Nations-owned companies.

The last major B.C. resource battle to galvanize Canadian public opinion came just before the onset of COVID-19. The country saw nationwide rail blockades put up in support of Wet’suwet’en opposition to the Coastal GasLink pipeline, a 700-km pipeline to carry natural gas from around Dawson Creek to the port of Kitimat.

Coastal GasLink had the support of elected band governments along its route. But anti-pipeline activists backed a dissenting faction of hereditary chiefs, asserting that they represented a more legitimate form of Indigenous governance as opposed to elected band councils established by the Indian Act.

Lost in the resulting national controversy — ginned up by both environmentalist and gas industry influence — was an intra-community fight over power and legitimacy. Elected chiefs accused hereditary chiefs of going rogue, as did female subchiefs who accused the all-male anti-pipeline chiefs of acting outside of their nation’s matriarchal traditions. “To ignore their clan members and Elected Councils, something is terribly amiss,” Dan George, chief of the Ts’ilh Kaz Koh First Nation, told APTN in March 2020 .

© The Canadian Press/Jason Franson Wet’suwet’en Hereditary Chiefs from left, Rob Alfred, John Ridsdale, centre and Antoinette Austin, who oppose the Costal Gaslink pipeline take part in a rally in Smithers B.C., on Friday January 10, 2020.

In the case of Fairy Creek, the Pacheedaht letter was signed both by the nation’s elected chief councillor, Jeff Jones, and hereditary chief Frank Queesto Jones, the grandson of Queesto, a legendary Pacheedaht chief who, when he died in 1990 is believed to have been 114 years old.

Within days, however, a counter statement had come out from Pacheedaht elder Bill Jones claiming that Frank Jones is not a legitimate hereditary chief. “He is not eligible to make the claim for the Jones family line, and is not informed by the hereditary system amongst our peoples. In fact, the Jones family is not originally from the territory, and have no chief rights to the San Juan valley. The Jones family is ancestral to this place, through many intermarriages and ties to the land, but that is within the last 400 years,” read the statement, which came out in the form of an interview with Bill Jones’ niece Kati George-Jim (xʷ is xʷ čaa), a former coordinator with the Sierra Club who posted it to her Facebook page.

The Rainforest Flying Squad has not acknowledged the Pacheedaht First Nation’s letter in any of its official social media channels, but they did issue an April 18 statement saying they “stand with Pacheedaht elder Bill Jones.”

Other B.C. environmental groups have been more willing to address the Pacheedaht call for an end to outside interference. Stand.earth is the descendant of Friends of Clayoquot Sound, one of the main organizers from the War in the Woods era. In a release , the group said it “fully supports and upholds the sovereignty of the Pacheedaht Nation,” but also renewed their call for deferring old-growth logging.

“Our hearts go out … to the Pacheedaht Nation in this difficult moment as a result of lack of provincial leadership.”

• Email: thopper@postmedia.com | Twitter:

Canadian First Nation, with rare sway over mining, puts Newmont on notice

In BC, the Tahltan First Nation calls the mining shots

By Jeff Lewis

© Reuters/ADAM AMIR

TORONTO (Reuters) - A First Nation group in Canada's British Columbia province has put top gold miner Newmont Corp on notice that it is unlikely to gain buy-in for a gold and copper project, amid concern that mining will encroach on a local town.

The pushback by the Tahltan First Nation carries extra weight due to the group's outsized influence in its territory, in contrast to similar groups who oppose mining elsewhere.

That authority may complicate efforts by U.S.-based Newmont to develop its early-stage Tatogga project, acquired in March in a $311 million buyout of GT Gold.

"It's going to be a sensitive discussion with the nation," Tahltan Central Government President Chad Day told Reuters.

Residents of nearby Iskut, about 1,600 kilometers north of Vancouver, worry the Newmont project will limit their ability to hunt caribou and bring more industry to an area that already includes Newcrest Mining's Red Chris copper and gold mine.

The Tahltan nation has unique powers due to a combination of land rights, legal clout, financial heft and the ability to conduct their own economic and environmental assessments on projects in their territory.

Miners from Teck to Rio Tinto have signed consent agreements with the nation, whose business arm spans aviation to mining.

"There’s no doubt that they have a very powerful say in whether or not projects proceed in their territory," said Merle Alexander, principal at with the indigenous law group at Miller Titerle and a hereditary chief of the Kitasoo Xai’xais First Nation.

Tahltan territory covers about 11% of the Pacific province and sits on an estimated 50.6 million ounces of gold and 12.5 billion pounds of copper, according to data mapping provider DigiGeoData.

Like some other British Columbian groups, the Tahltan Nation never ceded territory to European settlers, in contrast to groups elsewhere who ended up relinquishing title to their lands through treaties.

Aboriginal claims to traditional territories in British Columbia were bolstered by a landmark 2014 Supreme Court ruling.

Newmont owns stakes in other undeveloped mineral deposits in Tahltan territory, which remain years from development.

"Clearly, if the community does not want the resource development, we're not going to be there," Newmont spokesman Nick Cotts said, adding the U.S. miner is committed to working with the Tahltan to address concerns.

NO 'CULTURAL SACRIFICES'

The Tahltan nation has not shied away from using its power in the past.

In 2012, the nation opposed a coalbed methane project proposed by oil major Royal Dutch Shell, prompting the company to relinquish land tenures.

Three years later, Fortune Minerals sold coal leases in the territory, after the group threatened the miner with expulsion.

Such clout is in sharp contrast to the experience of indigenous groups elsewhere. Last year, Rio Tinto destroyed Aboriginal cave sites, with the affected indigenous population having little recourse to block it.

To be sure, the nation, who historically mined obsidian for weaponry and tools, support some mining provided it is on their terms.

Exploration spending last year in the territory topped C$200 million ($162.40 million) with production from three active mines valued at more than C$1.2 billion, according to the nation. Many Tahltan work in the industry and the nation has revenue-sharing agreements with the government for projects.

That economic heft makes it difficult for other indigenous groups to emulate Tahltan's assertive approach to development, lawyers and First Nation leaders said.

"We don't have to make huge cultural sacrifices to have a thriving economic environment in our territory," Day said.

Last month the nation vowed "all actions necessary" to stop exploration by junior miner Doubleview Gold Corp on ancestral lands.

The dispute reflects long-standing grievances with the provincial government which grants mineral claims over the internet.

Legal experts said that approach is inconsistent with principles around getting First Nations consent. A similar approach in Yukon was found to breach the government's legal duty to consult indigenous groups.

British Columbia consults at a later stage of mine development, a spokesman for the provincial mines minister said.

Doubleview says it has valid permits but takes local concerns seriously. A study it commissioned found exploration would occur in an area of "low archaeological potential."

Day said the Tahltan are crafting a land-use plan to prohibit exploration in ecologically and culturally sensitive areas, giving the nation greater control over who can stake mineral claims and where.

"All of those resources belong to Tahltan," said elder Allen Edzerza, who leads efforts by the BC First Nations Energy and Mining Council advocacy group to reform the province's mining laws.

"It’s not (the province's) right to give those away.”

(Reporting by Jeff Lewis in Toronto; Editing by Matthew Lewis)

B.C. Supreme Court rejects Wet'suwet'en bid to toss LNG pipeline certificate

VANCOUVER — The British Columbia Supreme Court has rejected a bid to quash the extension of the environmental assessment certificate for the natural gas pipeline at the centre of countrywide protests in February last year.

© Provided by The Canadian Press

The Office of the Wet'suwet'en, a society governed by several hereditary chiefs, asked the court to send the certificate for the Coastal GasLink pipeline back to B.C.'s Environmental Assessment Office for further review.

Their lawyers argued in part that the office did not meaningfully address the findings of the 2019 report from the National Inquiry into Missing and Murdered Indigenous Women and Girls when it approved the extension.

They said Coastal GasLink's plan to mitigate potential socio-economic effects of the pipeline project did not address harms identified by the inquiry, which heard evidence linking the influx of temporary labourers for such projects with escalating gender-based violence.

Justice Barbara Norell disagreed, saying it's clear from an evaluation report that the assessment office did consider the national inquiry's report, and requested the company consider how such harms would be addressed.

She says in a decision released last week the assessment office also asked Coastal GasLink to consider how Indigenous nations would be engaged in identifying and monitoring potential social impacts of the pipeline project.

"These comments do not indicate a failure or refusal of the (assessment office) to consider the inquiry report, but the opposite," she says.

Opposition last year by Wet'suwet'en hereditary chiefs over the pipeline being built in their territory in northwestern B.C. set off Canada-wide rail blockades by their supporters that stalled parts of the country's economy.

The chiefs' lawyers argued Coastal GasLink's zero-tolerance policies for harassment and the possession of firearms, drugs and alcohol are focused on work camps, while the harms outlined by inquiry were not so limited.

Norell found the chiefs' argument "leads to the conclusion that nothing short of a gender-based impact assessment conducted by the (Environmental Assessment Office) ... would be reasonable."

But to establish that a decision was unreasonable, the petitioner must do more than allege a better analysis could have been undertaken, Norell says.

"I want to emphasize that this decision should not be taken as in any way diminishing the importance of the inquiry report," Norell adds.

The executive director of B.C.'s Environmental Assessment Office granted Coastal GasLink an extension in October 2019, nearly five years after a certificate was first issued for the 670-kilometre natural gas pipeline.

Lawyers for the Office of the Wet'suwet'en argued the office's records of the decision to extend the certificate also failed to address what they claimed was a track record of non-compliance by the company.

Norell disagreed, saying the office's evaluation report addressed both the frequency and nature of instances of non-compliance, and the company had either rectified or was in the process of rectifying those issues.

Hereditary chiefs with the Office of the Wet'suwet'en have opposed Coastal GasLink's project, while five elected Wet'suwet'en band councils signed agreements approving construction that's currently underway.

This report by The Canadian Press was first published April 28, 2021.

This story was produced with the financial assistance of the Facebook and Canadian Press News Fellowship.

Brenna Owen, The Canadian Press

Workers at Massachusetts museum vote to join a union


NORTH ADAMS, Mass. — Workers at a Massachusetts museum have voted to join a union.

Employees at the Massachusetts Museum of Contemporary Art in North Adams approved affiliating with UAW Local 2110 by a 53-15 vote, according to a count conducted Wednesday by the National Labor Relations Board, The Berkshire Eagle reported.

The votes had been submitted by mail over the past three weeks.

“It’s extremely gratifying and fills me with hope and optimism about the future,” said Amanda Tobin, a museum employee.

Full-time and regular part-time workers who have been with museum since at least March 21 were eligible to vote. Ninety-three employees including curators, art fabricators, educators, and “front-facing” employees, were eligible.

The workers in March cited job insecurity, low pay, and layoffs during the pandemic as their reasons for filing for union representation.

“We respect the choice to unionize and look forward to working with UAW Local 2110 in continuing to cultivate an inclusive, diverse, and sustainable workplace,” Tracy Moore, the museum’s interim director, said in a statement.

The Associated Press

ALBERTA

Opposition to K-6 curriculum draft grows as 11,723 parents sign petition

Up to 41 school districts, representing nearly three-quarters of Alberta students, have now confirmed they will not pilot the UCP government’s K-6 draft curriculum, according to the Opposition NDP.

© Provided by Calgary Herald NDP Education Critic Sarah Hoffman, left, and concerned parent Taylor Schroeter with a petition calling on the UCP to scuttle its K-6 curriculum draft. The two appeared at a press conference in Edmonton on Wednesday, April 28, 2021.

Eva Ferguson

CALGARY HERALD

4/29/2021

At the same time, 11,723 signatures have been collected from parents across the province in a petition demanding a halt to the controversial draft, criticized for disrespecting Indigenous and Francophone histories while focusing on rote memorization and random facts.

“Albertans have spoken up loud and clear about this curriculum and they are giving it a failing grade,” said NDP Education critic Sarah Hoffman.

“School districts representing more than 70 per cent of Alberta students have decided not to pilot this curriculum. These are urban boards and rural boards, public, separate, Francophone boards. They’re in the north, the south and central regions of Alberta. And more are joining them every day.”

The Calgary Board of Education announced it would not participate in a pilot April 9, two weeks after the province released the draft in late March.

And the Calgary Catholic School District announced late Wednesday they will not pilot the draft curriculum after a unanimous vote at their board meeting.

In a letter sent to parents, chief superintendent Bryan Szumlas said “we recognize that this is not the right time to renew the curriculum. Thank you to our staff, parents/guardians and community partners for your feedback. We heard your concerns related to the draft (lack of Indigenous content, age appropriateness, inclusivity, inappropriate content, Eurocentric design . . .).”

Szumlas added it is the board’s hope that the province will “go back to the drawing board and better engage teachers in a future curriculum design.”

Hoffman added that both school boards in Red Deer, the home riding of Education Minister Adriana LaGrange, have also confirmed they will not participate in the pilot, including the Red Deer Catholic School District that voted unanimously Tuesday against piloting the draft.

Earlier this week, Edmonton Public Schools also agreed to call for a vote of no-confidence in the curriculum at the upcoming meeting of the Alberta School Boards Association.

The UCP government has defended the document as forward-thinking and without bias, with LaGrange saying it had input from hundreds of stakeholders in a transparent process that included educational leaders, subject experts, academics and teachers.

Meanwhile, Taylor Schroeter, a parent from Beaumont just south of Edmonton, has helped organize a petition against the curriculum, gathering 11,723 signatures from 95 communities across Alberta, including Calgary.

“We stand united together to demand a curriculum for our children that is inclusive, accurate, forward thinking, relevant and age appropriate,” Schroeter said.

“The 11,723 signatures on these pages represent Albertans across all political backgrounds who are calling on our government to do what’s right for our children. This draft is not it.

“We have heard from parents from all walks of life and across many ethnicities, religions and cultures who do not feel this draft accurately represents them or their children.”

Schroeter added that she is particularly concerned with what she sees as a lack of representation of LGBTQ people in the draft.

While Hoffman is set to table the petition in the legislature next week, the province has insisted the curriculum pilot will go ahead this fall, with full implementation for K-6 scheduled for the 2022-23 school year.

Alberta teachers have also voted overwhelmingly against the curriculum in a survey conducted by the Alberta Teachers’ Association. First Nations groups have also spoken out vehemently against the draft.

Nicole Sparrow, press secretary to LaGrange, said Wednesday that in-class piloting of the curriculum is only one of many ways the education system can provide feedback on the draft.

“Typically, a maximum of 10 per cent of classrooms around the province will participate in the pilot stage,” Sparrow said.

“Divisions may choose to pilot the entire curriculum, or specific grades or subjects. Alberta Education is working with divisions who have questions or have expressed interest to help them determine how best to be involved in the pilot.”

Sparrow added the province is committed to a transparent review process and encourages Albertans to review and discuss the draft curriculum.

“We appreciate parents’ interest in the draft K-6 curriculum and encourage an open dialogue. We are looking forward to hearing their feedback through the survey at Alberta.ca/curriculum.”

Over the next year, Alberta Education will also host formal engagement sessions with education partners and parents to gather further feedback.

eferguson@postmedia.com

Chipotle has been sued by New York City over claims it violated scheduling sick leave laws, and now owes over $150 million to workers

mmeisenzahl@businessinsider.com (Mary Meisenzahl) 

© Kris Mirasola West 169th Street Chipotle. Kris Mirasola

New York City is suing Chipotle over accusations of violating labor laws.

The complaint says Chipotle owes workers more than $150 million.

Chipotle called the case a "dramatic overreach."

New York City has sued Chipotle, accusing the restaurant chain of labor law violations regarding workers' schedules at dozens of stores, the New York Times reported Wednesday.

The city is accusing Chipotle of hundreds of thousands of violations of the Fair Workweek Law, which mandates that workers must have 14 day advance notice of schedules or extra pay, and that workers must have a certain break period between shifts or receive an extra $100, Noam Scheiber at The New York Times first reported.

Chipotle failed to give New York City workers sufficient notice or extra pay, the Times said, citing the complaint. The Department of Consumer and Worker Protection at the Office of Administrative Trials and Hearing officially filed the suit.

Chipotle confirmed to Insider that the city had filed the suit.

"We make it a practice to not comment on litigation and will not do so in this case, except to say the proceeding filed today by DCWP is a dramatic overreach and Chipotle will vigorously defend itself. Chipotle remains committed to its employees and their right to a fair, just, and humane work environment that provides opportunities to all," Laurie Schalow, Chief Corporate Affairs Officer for the company, told Insider in a statement.

This complaint is the largest ever brought by New York City under the Fair Workweek law, according to the Times. Workers are owed more than $150 million for the violations, plus more in legal penalties, the Times reported.

The lawsuit is over labor practices between November 2017 and September 2019. It says that Chipotle has attempted to comply with the law since 2019 but violations are ongoing.

"Since we first filed our case against Chipotle, we have unfortunately learned that those initial charges were just the tip of the iceberg," department commissioner Lorelei Salas said in a statement.

The lawsuit also accuses Chipotle of illegally denying requests for time off or not paying them for time that they took, a violation of New York City's paid sick leave law, the Times reported. All of the 6,500 Chipotle employees in New York City were affected by scheduling and sick leave violations, according to the complaint.

Chipotle continues to expand even as COVID hit the restaurant industry hard. In the first quarter of 2021, the chain opened 35 net locations, and digital sales exploded with 133% growth. Chipotle attributed much of its growth to Chipotlanes, the fast casual chain's version of drive-thrus. More than half of the new Chipotle locations had drive-thrus this quarter, and the company says they "perform very well and are helping enhance guest access and convenience, as well as increase new restaurant sales, margins, and returns."

U.S. solar industry unveils guidelines to free supply chain of forced labor
By Nichola Groom 

4/28/2021

© Reuters/Bing Guan FILE PHOTO: Arrays of photovoltaic solar panels are seen at the Tenaska Imperial Solar Energy Center South as the spread of the coronavirus disease (COVID-19) continues in this aerial photo taken over El Centro, California

(Reuters) - The top U.S. solar industry trade group on Thursday issued a set of voluntary guidelines to solar panel manufacturers that it said could help rid products installed in the United States of components built abroad with forced labor.

Some U.S. lawmakers have voiced gorwing concern that the industry is dependent upon products, specifically the raw material polysilicon, linked to work camps in China’s Xinjiang region. The U.S. State Department has made a determination that Chinese officials are perpetrating genocide there, and imports of cotton and tomato products from the region were banned this year.

China, the world's largest maker of solar products, denies all accusations of abuse.

In an effort to address the concerns, the U.S. Solar Energy Industries Association unveiled a 40-page document https://www.seia.org/research-resources/solar-supply-chain-traceability-protocol that outlines measures companies should take to identify the sources of a product's input materials and trace their movements through the supply chain.

"We do not want any indication of forced labor in the solar supply chain," John Smirnow, vice president of market strategy for SEIA, said in an interview. "There were serious concerns raised and we are responding in a serious way."

The protocol, which does not mention China specifically, recommends that rigorous descriptions and documentation be included with products as they proceed through factories and are shipped to the United States.

For instance, for an ingot of silicon that is shaped into logs and then sliced into wafers, those individual wafers should be identified as having come from a particular log or batch. That way the wafer purchaser could trace the products back to a specific ingot, according to the document.

The protocol also recommends that companies have their implementation of the procedures audited by a third party.

SEIA late last year began urging its members to exit the Xinjiang region and has asked its member companies to be able to provide assurances by June that their products are free of forced labor.

U.N. experts and rights groups estimate over a million people, mainly Uyghurs and other Muslim minorities, have been detained in a vast system of camps in Xinjiang in recent years.

(Reporting by Nichola Groom; editing by Richard Valdmanis and David Gregorio)