#UBI IS #GBI IN CANADA
Kawartha Lakes asking for a federal conversation on basic income

CANADIAN PRESS 4/28/2021

KAWARTHA LAKES: The City of Kawartha Lakes is encouraging the federal government to have a conversation about a possible Guaranteed Basic Income program.

At a meeting on Tuesday, April 20th, councillors saw correspondence from Kawartha Lakes Food Coalition Chair Heather Kirby, Kawartha North Family Health Team Executive Director Marina Hodson and Point in Time Centre for Children, Youth and Parents Executive Director Marg Cox in support of Bill C-273, which is a private members bill. The bill would create a national strategy for the government to enact a guaranteed basic income

One of the letters stated “poverty is not solely an individual’s responsibility; it is systemically rooted in inadequate and insecure income, and the inability to meet the basic needs of life (i.e. housing, clothing, and food).”

“This problem has unquestionably become worse with the COVID-19 pandemic. According to a February 2020 Statistics Canada report, there were approximately 3.2 million Canadians living below Canada's Official Poverty Line–people who do not have enough money to pay rent, buy clothing or put food on their tables. At 13.1 per cent, 9,625 of Kawartha Lakes households are considered low-income,” the letter continued.

A Guaranteed Basic Income is a social welfare system meant to ensure all citizens can afford the basic necessities.

Ward 3 Councillor Doug Elmslie made a motion to have the City send a letter to MP Jamie Schmale and Finance Minister Chrystia Freeland in support of Bill C-273.

According to the motion, this “would provide much needed answers about how a Guaranteed Basic Income could work in partnership with the Provinces, what effect it would have on the efficiency of Government, how it could support entrepreneurship and job creation in a new economy, how it would impact labour market participation and civic action, and how it would impact recipients and their communities at large.”

Councillor Elmslie explained his motion would be used to simply “get a conversation going.”

“We are writing a letter and asking that a conversation take place, and that a study [be] done to see if this is something worthwhile,” Councillor Elmslie said.

However, Ward 2 Councillor Kathleen Seymour-Fagan questioned council’s jurisdiction in this matter.

“It’s just not our business, and I think we should stay out of this, as we’ve stayed out of the other federal-provincial business,” she said.

Ward 5 Councillor Pat Dunn doesn’t think this is something the federal government can realistically do at this time because of the current deficit.

“The federal government doesn’t have any money. They’re just going into debt and destroying the economic prospects for generations to come,” he stated.

But, after hearing the comments, Councillor Elmslie felt this was still a worthwhile initiative.

“All we are asking here is [to have] a conversation take place, [have] somebody look at it and see if there are merits to it,” he explained.

Councillor Elmslie added he feels this is council’s business “because we look after our citizens.”

Council later voted to approve the motion.

Dan Cearns, Local Journalism Initiative Reporter, The Standard Newspaper

Once it was implemented in the area, it had real results: over the four years that the program ended up running in the 1970s, an average family in Dauphin was guaranteed an annual income of 16,000 Canadian dollars. ... “They set a level for how much a family of three or four needed to get by.Jun. 25, 2020

Canada's forgotten universal basic income experiment - BBC ...

UBI is the Economic Response to Climate Change

 | Opinion

Daniel Lehewych 

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Each day on my way to work, I walk past the Metronome's digital clock in Union Square. As of September 19, 2020, this clock has been re-programmed to show the time remaining until our planet's carbon budget has been used up due to us accelerating climate change. Roughly speaking, we have about six years left to reduce our carbon emissions enough to prevent irreversible damage to our planet—damage which could have devastating consequences regarding the very survival of our species.

© Justin Sullivan/Getty Images U.S. money is pictured.

I have my good days and bad days with respect to my own response to the clock. I often wonder: What will the economy look like when the effects of climate change begin to make some jobs impossible to do?

Generally speaking, I have more bad days than good. The clock does not account for many tipping-points which we are rapidly approaching. With continued increases—rather than the ideal decreases, or at least neutrality—of greenhouse emissions, we truly cannot afford to waste any more time combating climate change.

It is predicted that sufficient responses to climate change will, in the long-term, result in greater innovation, job creation and economic growth. A nuanced discussion is warranted. In the short-term, massive job losses in carbon-centric sectors will occur and it is not obvious how to accommodate those who will lose their jobs. Hence the "learn to code" internet meme, illustrating the callus notion that, after decades in a profession, workers can simply be re-trained to do a very different task.

What is the appropriate reaction to job losses that have nothing to do with the person who lost their job? What is the appropriate reaction to a deepening abyss of fewer jobs because of climate change?

An option that has been growing in popularity is known as Universal Basic Income (UBI). UBI is when a government regularly gives its constituents enough money to meet their basic needs, like buying food and securing shelter. The proposal here is quite straight forward: When and if climate change makes obtaining basic needs a common and salient struggle, the government ought to provide those basic needs. Early research indicated that UBI improved educational attainment, lowered the cost of health care, increased the rate of entrepreneurial success and pursual and marked of self-reported well-being progress.



UBI ANDREW YANG

How will this be paid for? The tax bracket is going to decrease as the job market thins out, but those who are still in the tax bracket are very likely to be wealthy. Corporations will continue to horde the majority of the wealth and this will only deepen as companies begin to develop complex artificial intelligence, along with other technological advances.

Their tax revenue is what will pay for this. Having a system in place where people's basic needs are met, in theory, allows for a form of capitalism where everyone doesn't start at zero. The hope under that reality would help prevent the inertia that is all but certain to manifest if we fail to implement any economic solution to the threat of climate change. And in place of this inertia is room for people to explore what actually matters to them and to be capable of making a living based on these explorations—something which is incredibly difficult to do under our current economic system.

The more time we wait, the less likely it will be that this sort of system will have these intended effects. What use is freeing a society to explore its true interests if where people live becomes uninhabitable? In light of this, UBI and its related changes ought to be implemented before we reach points of no return with respect to climate change. As we learned with COVID-19, scrambling to implement massive economic policy after attempting to resolve something after the fact is too late to actually fix anything in any real sense.

Historian Yuval Noah Harari, in response to the prospect of automation radically overhauling our economy, referred to this state-of-affairs as consisting of a brand-new economic class: namely, the "useless class." It is conceptually possible that, what is now understood as "working class" or "lower-middle class" work, will become a relic of the past.

Under automation, it will be because technology has overtaken the load of such work. But under climate change, it will be because geographic places of civilization will become less and less inhabitable overtime. The International Labour Organization predicted that as soon as 2030, "2.2 per cent of total working hours worldwide will be lost because of higher temperatures, a loss equivalent to 80 million full-time jobs. This is equivalent to global economic losses of US$2,400 billion." One can only begin to imagine what this will look like past 2030 if nothing changes.

The loss of jobs as a result of the negative effects of climate change is not a hypothesis or dystopian philosophical thought. Right now, in places where climate change's effects have already been particularly vicious, excess job losses have been reported—though they've generally been underreported.

Africa saw an acceleration in the frequency and intensity of natural disasters over the past few years, and the economic implications of this new trend have been damaging. Here in the United States, the massive wildfires on the west coast have forced thousands of people from their homes, with no shelter to return to; not to mention the massive economic cost of these wildfires, including hospital costs, the cost of lost days at work, the closure of businesses due to their being destroyed by the fires, partially-functioning businesses and even the long-term loss of work due to severe health complications.

Aside from the necessity of having conversations about climate change's short-term consequences, if humanity is to continue to survive and flourish, we must keep the long-term future in mind.

With the potential for climate change to irreversibly escalate, what economic plans have been tangibly put into place to accommodate for mass job losses, with the potential for large-scale losses of basic needs like food and shelter? What plans have been conceived of to deal with these economic issues?

President Joe Biden's climate plan is to transform the economy into a clean energy powerhouse, effectively transferring all of the U.S.' energy sources to clean sources by 2030. But by 2030 it will be too late. This isn't to say we shouldn't have such a shift in our energy sources, but what are we to do on the occasion that, when this new infrastructure is finished being built, we were too little too late?

What about the Paris agreement's economic plan? Their key economic proposals are based on the assumption of global cooperation and adaptation to the looming concern of climate change. This—in part due to an increase of nationalism across the world—is profoundly unlikely to happen.

Think about the world's response to COVID-19. While there was an impressive level of cooperation, it was nowhere near enough to mitigate the negative consequences of the pandemic. Former President Donald Trump was not the only world leader who publicly denied the existence of climate change. The policy decisions of many who publicly acknowledge climate change indicate just as much negligence as those who publicly deny it. And there is an astonishing number of current members of Congress—those who play a massive role in determining U.S. climate policy—who deny the existence or significance of climate change.

What hope, then, is there for true cooperation globally? The Paris climate plan needs to account for the extreme unlikelihood of global cooperation. The U.N. does not have the power to force Russian President Vladimir Putin or Chinese President Xi Jinping to cooperate with reducing the problem of climate change, nor does any single country.

I am not convinced that enough of the human population has enough empathy or care to give up their lifestyle of excess consumption of commodities in time to mitigate the risk of climate change. It is truly a rose-colored glasses notion to expect people to give up eating meat, using their phones and continuing to purchase the latest gadget in the name of saving the planet. Most of us already know about the risks of this lifestyle with respect to climate change, so if the change was going to happen, it already would have happened. Our immersion in market culture and the mindset of viewing the world as having resources to exploit is too deep to pull out from in time.

In light of the growing existential threats of climate change and automation—not to mention cyber warfare and nuclear proliferation—we can no longer afford to treat these threats as if they're mere science fiction. These threats are actual at this point, not potential. Real solutions must be implemented.

At the moment, there has been little progress in our ability to come up with such solutions. UBI is important because it is the only thoroughly thought out plan to face these challenges. Implementing it is worth the shot—it is surely better than doing nothing.

Daniel Lehewych is a graduate student of philosophy at the CUNY Graduate Center, specializing in moral psychology, ethics and the philosophy of mind. He is a freelance writer, powerlifter and health science enthusiast.

MPs pass back-to-work bill to end Port of Montreal strike

BACK TO WORK ORDERS VIOLATE THE ILO BILL OF LABOUR RIGHTS
Duration: 03:26 

7 hrs ago




The House of Commons approved legislation early Thursday morning to put an end to a strike that has shut down the Port of Montreal, one of Canada's busiest.

AFTER PASSING IT WAS FORWARDED TO THE SENATE FOR THEIR APPROVAL TODAY.

April 28 marks national Day of Mourning

In more than 100 countries, including Canada, Apr. 28 is the day set aside to honour and remember workers who have suffered injuries, disabilities, suffer occupational diseases or were killed on the job.

The origins of the day go back almost 100 years, when Ontario first announced the Workers Compensation Act in Canada on Apr. 28, 1914. Later, in 1984, the Convention of the Canadian Labour Congress adopted a resolution declaring the day as a national day of mourning in honour of those workers.

Labour organizations around the world began recognizing the day of mourning, also known as the workers memorial day.

The Canadian labour movement lobbied for legislation to identify April 28 as a National Day of Mourning and in February 1991, the federal government passed the Workers Mourning Day Act, Bill C-223. Similar legislation was passed in New Brunswick in 2000.

Day of Mourning monuments have been erected across Canada, and on Apr. 28 on Parliament Hill, the Canadian flag flies at half-mast. Workers observe the day by lighting candles, wearing ribbons and black armbands and laying wreaths at the foot of monuments.

Many of the monuments carry the inscription “Fight for the Living, Mourn for the Dead”.

It is a day to honour the dead, and a reminder to protect the safety of all workers.

“Mourn for Dead and Fight for the Living is the phrase that has embraced the annual Day of Mourning since its inception over 30 years ago,” said Dave Trumble, vice president of the Grey Bruce Labour Council. “Never forgetting those that died, were injured or made ill for a paycheque is an eternal sign of respect. Rededicating ourselves to stop workplace carnage is how we honour those that have gone before us and how we say to those yet to come that work is not a place where you will suffer or die to support your family and yourself.”

According to 2018 statistics, 1,027 people died of work-related causes in 2018 in Canada. That’s nearly three people every day. (source: Ontario Health and Safety Magazine Canada)

In Ontario, according to WSIB , the Ministry of Labour and the Chief Prevention Office, 190 people died from a work-related injury or illness in Ontario in 2019. (source: wsibstatistics.ca)

Trumble estimates there are approximately 300,000 injuries reported annually in Ontario and “any injury or fatality is one too many.”

Tammy Lindsay Schneider, Local Journalism Initiative Reporter, Kincardine Independent

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.”

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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