As daughter sought state license, Noem summoned agency head

 governor’s spokesman said episode was example of how Noem won’t allow red tape to get in the way of growth

By STEPHEN GROVES

FILE — South Dakota Gov. Kristi Noem speaks during the Family Leadership Summit in this July 16, 2021, file photo in Des Moines, Iowa. Ethics officials are questioning whether Noem had a conflict of interest by meeting with her daughter and top state officials last year in the governor's office while her daughter was pursuing a real estate certification. (AP Photo/Charlie Neibergall, file)


SIOUX FALLS, S.D. (AP) — Just days after a South Dakota agency moved to deny her daughter’s application to become a certified real estate appraiser, Gov. Kristi Noem summoned to her office the state employee who ran the agency, the woman’s direct supervisor and the state labor secretary.

Noem’s daughter attended too.

Kassidy Peters, then 26, ultimately obtained the certification in November 2020, four months after the meeting at her mother’s office. A week after that, the labor secretary called the agency head, Sherry Bren, to demand her retirement, according to an age discrimination complaint Bren filed against the department. Bren, 70, ultimately left her job this past March after the state paid her $200,000 to withdraw the complaint.

Exactly what transpired at the July 27, 2020, meeting in the governor’s office isn’t clear. Noem declined an interview request and her office declined to answer detailed questions about the meeting.

“The Associated Press is disparaging the Governor’s daughter in order to attack the Governor politically – no wonder Americans’ trust in the media is at an all-time low,” spokesman Ian Fury said.

Still, government ethics experts who reviewed the series of events at the AP’s request said Noem’s decision to include her daughter in the meeting created a conflict of interest regardless of what was discussed.

While Peters was applying for the certification, Noem should have recused herself from discussions on the agency, especially any that would apply to her daughter’s application, said Richard Painter, a professor at the University of Minnesota Law School who was the chief ethics lawyer for former President George W. Bush.

“It’s clearly a conflict of interest and an abuse of power for the benefit of a family member,” he said.

Peters began working as a state-registered appraiser – an entry-level job – in 2016. She worked under the supervision of a certified appraiser to get the experience necessary to apply for her own residential appraiser certification. It’s not an easy hurdle; applicants must show they can perform appraisals to national standards, putting to use 200 hours of classroom education and months of experience.

While trainees make as little as $10 an hour, certified residential appraisers can launch their own businesses and can make more than $50,000 a year.

In September 2019, Peters applied to become a certified residential appraiser. But in late July 2020, the Appraiser Certification Program moved to deny the license, according to a July 27 letter from Peters’ supervisor that was obtained by AP. The certification is denied when an applicant’s work samples don’t meet minimum compliance with national standards, according to the agency’s upgrade procedures.

Bren, who had directed the Appraiser Certification Program for three decades, told the AP that she received a text on July 26 from her supervisor telling her to be at the governor’s office the next morning, ready to discuss “appraiser certification procedures.”

Besides Noem and Peters, Bren said the meeting included Labor Secretary Marcia Hultman; Bren’s supervisor; the governor’s general counsel; and, participating by telephone, Noem’s chief of staff and a lawyer from the state’s Department of Labor and Regulation.

Bren remembered it lasting close to an hour and including questions from Noem on how certification works.

After consulting with her attorney, Bren declined to discuss with AP further meeting details, including whether Peters’ upgrade was discussed. The settlement of her age discrimination complaint includes a clause barring her from disparaging state officials.

However, Bren did confirm that at the meeting she was presented with a letter from Peters’ supervisor, Kristine Juelfs, who wrote that she disagreed with the denial and charged that Peters had run up against an “inefficient process.”

“In the past week I was notified that my trainee, State Registered Appraiser Kassidy Peters, was denied upgrade of her license to State Certified Residential Appraiser,” Juelfs wrote. “This came as quite a shock to myself as she has represented the knowledge and skills necessary.”

Juelfs’ letter blasted the application evaluation for lacking “timeliness and professionalism” and said the examiner reviewing Peters’ work had “acted unprofessional when conversing with Kassidy.”

Peters agreed with the criticism in a statement to AP.

“My upgrade to become a Certified Residential Appraiser was very lengthy and I was expected to navigate through many obstacles from the very beginning,” she said. “I’m glad I have it now and that I have the privilege to serve my clients in South Dakota.”

Bren declined to discuss the certification of any individual appraisers, including Peters. However, speaking broadly about the agency, she said she hoped to help applicants succeed while making sure they met federal requirements.

“You also want to be fair and consistent and treat all your appraisers the same,” she said.

Labor Secretary Hultman, in response to questions from the AP, declined to delve into details of Peters’ application or explain the discrepancy between Juelfs’ letter, which said the upgrade had been denied, and department records, which showed a denial was not ultimately issued.

“Kassidy Peters went through the same process as other appraisers. There was no denial,” Hultman said in a statement. “Mrs. Peters completed the requirements to become licensed, and she was subsequently certified in November.”

Bren’s troubles began to mount almost immediately after Peters’ Nov. 25 certification. One day earlier, Hultman had called Bren to discuss “concerns about the Appraiser Certification Program,” according to Bren’s age discrimination complaint. On Dec. 1, the complaint alleged, Hultman called Bren to demand her retirement, saying she had shown an “inability to change gears.”

Hultman told Bren that the phone call was to be kept a secret from her direct supervisor to make it appear Bren’s retirement was her choice, the complaint alleged.

Over the ensuing weeks, Hultman did not yield in demanding a retirement date, even after Bren asked if there was any way to keep her job, emails obtained by the AP show.

Bren filed her age discrimination complaint at the end of December and, three months later, received the $200,000 settlement agreement to withdraw the complaint and leave her job. When asked about Bren, Hultman declined to discuss “the specifics of personnel decisions.”

Mark Miller, the governor’s current general counsel, said in a statement, “Neither party admitted fault, and no agency affirmed her claim. This sideshow regarding Kassidy Peters speaks for itself.”

Fury, the governor’s spokesman, cast the episode as an example of how Noem “won’t allow bureaucratic red tape to get in the way of South Dakota’s sustained economic growth.”

“Having more quality appraisers in the market will help keep our housing market moving and home prices down,” he said.

A few days before signing the agreement, Bren sent an email to industry colleagues expressing worry about the future of the program.

“I have been forced to retire by the Secretary of the Department of Labor and Regulation at the behest of the Administration,” she wrote, then added, “I want each of you to know that I have sincerely done everything possible to avoid this unfortunate circumstance.”

Amtrak train that derailed was going just under speed limit

By AMY BETH HANSON, MARTHA BELLISLE and DAVID KOENIG

1 of 11

Overturned passenger railcars sit beside train tracks being repaired Monday, Sept. 27, 2021, near Joplin, Mont., where an Amtrak train derailed Saturday, killing three people and injuring others. Officials have said they will try to repair the tracks quickly, as rail transport is crucial to the area's agricultural economy. (AP Photo/Ted S. Warren)


JOPLIN, Mont. (AP) — An Amtrak train that derailed in rural Montana over the weekend was going just under the speed limit at about 75 mph (121 kph) when it went off the track along a gradual curve, killing three people and possibly ejecting passengers, U.S. investigators said Monday.

Investigators do not know the cause of the accident, but they are studying video from the train and another locomotive that went over the same track a little over an hour earlier, National Transportation Safety Board Vice Chairman Bruce Landsberg said. The derailed train also had a black box that records everything happening in the train, he said.

“We have experts that are studying the camera footage frame by frame to make sure that we see exactly what the engineer saw — or maybe didn’t see,” Landsberg said.

The train derailed before a switch in the line, where one set of tracks turned into two, on a stretch of track that had been inspected just two days before, he said.

The westbound Empire Builder was traveling from Chicago to Seattle when it left the tracks Saturday afternoon near Joplin, a town of about 200. The train, carrying 141 passengers and 16 crew members, had two locomotives and 10 cars, eight of which derailed, with some tipping onto their sides.

When asked about wooden ties that were seen along the side of the tracks, and whether there was recent maintenance on that section, Landsberg did not answer directly.

“That will be one of the questions that we look at,” he said. “Maintenance will be a really big concern for us. We don’t know, at this point, exactly what happened, whether it was a track issue, whether it was a mechanical issue with the train. So all of these things are open.”

He said a preliminary report on the derailment is expected within 30 days.

Dale Fossen, one of several Joplin residents who went to the scene to help, said the train tracks ended up mangled.

“You could see the tracks looked like a pretzel, they were really twisted bad,” Fossen said.

Investigators will look at “everything,” including the switch, wheels, axles and suspension systems, as well as the track geometry and condition, including any cracks, said Steven Ditmeyer, a rail consultant and former senior official at the Federal Railroad Administration. He said a switch like the one in Joplin would be controlled by the BNSF Railway control center in Fort Worth, Texas.

Sometimes rail lines can become deformed by heat, creating buckles in the tracks known as sun kinks, Ditmeyer said. That was the cause of a derailment in northern Montana in August 1988, when an Empire Builder train veered off the tracks about 170 miles (274 kilometers) east in the tiny town of Saco.

The NTSB concluded that an inspection failed to catch a problem in the track, and officials did not warn trains to slow down on that stretch. The crew saw the track had shifted, but the train was going full speed and could not stop before derailing.

Temperatures were in the high 80s Saturday near Joplin, according to the National Weather Service.

Russ Quimby, a former rail-accident investigator for the NTSB, said heat is the most likely explanation. He is convinced because the locomotives in front did not derail, but eight lighter coach cars behind them did.

“This has all the earmarks of a track buckle also,” Quimby said. “Sometimes a locomotive, which is heavier, will make it through” a buckled track, “but the cars following won’t. You saw that in this accident,” he said.

A malfunction of the switch seems less likely, Quimby said, because the switch would have been inspected when the track was checked last week.

Another possibility was a defect in the rail, said railroad safety expert David Clarke, director of the Center for Transportation Research at the University of Tennessee. He noted that regular testing does not always catch such problems.

Speed was not a likely factor because trains on that line have systems that prevent excessive speeds and collisions, which appear to have worked in this case, Clarke said.

“Did the switch play some role? It might have been that the front of the train hit the switch and it started fish-tailing and that flipped the back part of the train,” Clarke said.

The derailment was about 150 miles (241 kilometers) northeast of the capital of Helena and about 30 miles (48 kilometers) from the Canadian border. The tracks cut through vast, golden brown wheat fields that were recently harvested and roughly parallel to U.S. Highway 2.

Allan Zarembski, director of the University of Delaware’s Railway Engineering and Safety Program, said he did not want to speculate but suspected the derailment stemmed from an issue with the track, train equipment or both.

Railways have “virtually eliminated” major derailments by human error after the implementation of a nationwide system called positive train control, which is designed to stop trains before an accident, Zarembski said.

The derailment comes as Congress works toward final passage of a $1 trillion bipartisan infrastructure package that includes $66 billion to improve Amtrak service. That’s less than the $80 billion that President Joe Biden — who famously rode Amtrak from Delaware to Washington during his time in the Senate — originally asked for, but it would be the largest federal investment in passenger rail service since Amtrak was founded 50 years ago.

The biggest chunk of money would go toward repairs and improvements along the rail service’s congested 457-mile-long (735-kilometer-long) Northeast Corridor as well as intercity routes with higher commuter traffic. About $16 billion also is aimed at building out Amtrak’s national service to wider America, particularly in rural regions.

Amtrak CEO Bill Flynn said the company was working with the NTSB, the Federal Railroad Administration and local law enforcement and shared their “sense of urgency” to determine what happened in Montana.

Landsberg, the NTSB vice chairman, said safety officials hope to complete their investigation as soon as possible so BNSF can repair the rails, which are a key line for freight traffic. He noted that trains are backed up on both sides of the crash site.

“We’re sensitive to the fact that the railroad is a critical lifeblood, and we want to get the goods and services moving,” he said.

___

Koenig reported from Dallas. Associated Press writer Hope Yen in Washington also contributed to this report.

Key to conflict: How battle for Marib is crucial to Yemen war

Issued on: 28/09/2021 - 

A grab from an AFPTV video shows a Yemeni pro-government fighter firing at positions of the Iran-backed Huthi rebels as they inch closer to the loyalists' last northern bastion, the strategic city of Marib, on September 27 - AFP

Dubai (AFP)

Yemen's Huthi rebels are drawing closer to the strategic city of Marib, whose seizure from the government could be a pivotal moment in the seven-year war.

The Iran-allied Huthis are in the midst of a major push to take the city, with hundreds from both sides killed in fierce fighting this month.

Here are some key facts about Marib and its strategic role:

- 'Military weight' -

Marib is the last northern bastion of the internationally recognised government, which was driven from the capital Sanaa in 2014 and is now based in the southern city of Aden.

If it falls into rebel hands, not only would the Huthis control all the north, but it could also facilitate the capture of other provinces.

Marib has "significant military weight" for the government, said Ahmed Nagi of the Malcolm H. Kerr Carnegie Middle East Center.

"It carries the symbolic course of the conflict, with it being the area the Huthis have not been able to seize despite relentless efforts over the past six years, even before the intervention of the Saudi-led coalition" from 2015, he told AFP.

A picture taken on March 5 shows smoke billowing during clashes between forces loyal to Yemen's Saudi-backed government and Huthi rebel fighters in Yemen's northeastern province of Marib - AFP/File

Capturing Marib would also give the Huthis leverage in any negotiations with the government.

Yemeni Prime Minister Maeen Abdulmalek Saeed said this week that the ongoing battle "is not one for (nearby) Shabwa or Marib, but a battle for all Yemenis", according to the official Saba news agency.

"The fate of the battle will determine the future of Yemen."

- Energy wealth -

Marib province boasts oil and gas reserves, making it a major economic prize.

The Safer oil refinery, established in 1986, is one of two in Yemen with the capacity to produce 10,000 barrels per day, according to Yemen's ministry of oil and minerals.

Yemenis attend the mass funeral of Huthi rebel fighters killed in battles with Saudi-backed government troops in the Marib region, at the capital Sanaa's al-Saleh Mosque, on June 20 

Mohammed HUWAIS AFP/File

In a 2019 report, the ministry said production had reached 20,000 bpd.

Marib governor Sultan al-Arada says production has so far not been affected by the fighting and that Marib supplies gas to the entire country, even areas under rebel control.

Nagi said there was an "economic dimension" to the battle.

"The Huthis are aggressively fighting to control the resources of Marib," he said.

- North-south gateway -

Marib is about 120 kilometres (75 miles) east of the rebel-held capital Sanaa, connected via a major highway. It also lies near another highway that leads to the south of Saudi Arabia.

A tank is pictured at a position of Yemen's Saudi-backed government fighetrs near the frontline facing Iran-backed Huthi rebels in the province of Marib, on June 19 - AFP/File

Its location is significant not only because of its proximity to Sanaa but also because it sits at a crossroads between the southern and northern regions.

The city has several historical sites, and is surrounded by mountains and valleys. It is said to have been the capital of the ancient Saba kingdom, best known for the Queen of Sheba.

- Peace talks? -

Controlling Marib would significantly strengthen the rebels' hand in any peace talks, if they decide to return to the negotiating table.

Yemeni children are pictured at the Jaw al-Naseem camp for internally displaced people on the outskirts of the northern city of Marib, on February 18, in the Saudi-backed Yemeni government's last northern bastion

 Nabil ALAWZARI AFP/File

The last talks took place in Sweden in 2018, when the opposing sides agreed to a mass prisoner swap and to spare the city of Hodeida, where the port serves as the country's lifeline.

But despite agreeing to a ceasefire in Hodeida, violent clashes have since broken out between the rebels and pro-government troops around the city.

- Humanitarian risks -

Marib had between 20,000 and 30,000 inhabitants before the war.

A mother with her malnourished child at a treatment centre in Yemen's western province of Hodeida on September 25

 Khaled Ziad AFP/File

But its population has ballooned to hundreds of thousands, as Yemenis fled frontline cities for its "relative stability" and the chance to maintain a livelihood, according to Nagi.

The government says there are 139 camps in Marib province, hosting approximately 2.2 million people.

But these displaced civilians are now again caught in the line of fire.

The United Nations has warned that civilians are at grave risk due to the military escalation, which has forced many to flee towards new displacement sites as fighting nears.

- Array of forces -

Opposing the Huthis are pro-government forces who include local tribes, backed by a Saudi-led coalition and its airpower.

"The coalition stands by the national army by providing air and logistical support," Marib governor Sultan al-Arada said in March.

A grab from an AFPTV video shows Yemeni pro-government fighters on September 27 - AFP

"If it were not for air support, the situation could have been different."

The Huthis, meanwhile, consider Marib "one of the main frontlines of the aggressors' war on Yemen".

They claim it is "an arena for occupying foreign forces and a bowl swarming with dark forces and organisations from Al-Qaeda, Daesh (Islamic State) and the Muslim Brotherhood".

According to Nagi, fighters of the Muslim Brotherhood-influenced Al-Islah party were a strong presence on the battlefield.

"Al-Islah is present in most provinces in the country, but many of its members fled to Marib since it is a safer region and they fight within the ranks of the government army and the tribes," he said.

© 2021 AFP

Battle for 'future of Yemen' as rebels close on key city


Issued on: 28/09/2021 -

A grab from an AFPTV video shows a Yemeni pro-government fighter firing at positions of the Iran-backed Huthi rebels as they inch closer to the loyalists' last northern bastion, the strategic city of Marib, on September 27 - AFP

Dubai (AFP)

Yemen's Huthi rebels could be on the verge of changing the course of the war as they close in on a key northern city, experts say, warning millions of refugees are at risk.

Hundreds of fighters have died in fierce clashes this month after the Iran-backed insurgents renewed their campaign for Marib, the government's last bastion in the oil-rich northern region.

Seizing Marib would be a game-changer, completing the rebels' takeover of Yemen's north while giving them control of oil resources and the upper hand in any peace negotiations.

It also raises fears for the more than two million refugees living in camps in the region after fleeing other frontline cities during the long-running conflict.

"The battle of Marib will determine the future of Yemen," Abdulghani Al-Iryani, a senior researcher at the Sanaa Center for Strategic Studies, told AFP.

"Huthis control most of the governorate and are closing in on the city."

The severe threat to Marib comes just over seven years after the rebels overran the national capital Sanaa, just 120 kilometres (75 miles) to the east, in 2014.

A grab from an AFPTV video shows Yemeni pro-government fighters looking at positions of the Iran-backed Huthi rebels near the loyalists' last northern bastion, the strategic city of Marib, on September 27 - AFP

The takeover prompted the Saudi-led intervention to prop up the government the following year.

The grinding war has created what the United Nations calls the world's worst humanitarian crisis with millions of displaced people on the brink of famine.

"The refugees will probably pay the highest price for this destructive war," said Iryani.

- Air bombardments -

Marib sits at a crossroads between the southern and northern regions and is key to controlling Yemen's north. If it falls, the Huthis could be emboldened to push into the government-held south, analysts say.

A picture taken on February 8, 2018 shows Saudi soldiers standing guard as workers unload aid from a Saudi air force cargo plane at an airfield in Yemen's central province of Marib 

ABDULLAH AL-QADRY AFP/File

Ahmed Nagi, of the Malcolm H. Kerr Carnegie Middle East Center, said they have made significant advances after opening new fronts around Marib in recent weeks.

If they seize the city, "the Huthis will use Marib to advance towards the southern governorates bordering it", he told AFP.

The Huthis began a big push to seize Marib in February and, after a lull, they renewed their campaign this month, prompting intense air bombardments from coalition forces.

"Losing Marib to the Huthis could change the course of the war," said Elisabeth Kendall, researcher at the University of Oxford's Pembroke College.

"It would be another nail in the coffin of the government's claim to authority and would strengthen Huthi leverage in any projected peace talks."

According to Iryani, there still lies the possibility that Marib's tribes and parties, which fight on the government side, accept a Huthi deal to spare the city destruction.

Yemen AFP

"It's unlikely that they will fight their way into the city. More likely, they will strike a deal. Neither side wishes to engage in a bloody urban battle," he said.

"The offer stipulates the local government disavow the coalition, declare neutrality and share the governorate's resources with (the rebels in) Sanaa.

"In return, Huthis will leave the city alone and recognise its local government."

- 'Dire' fallout -

The city had between 20,000 and 30,000 inhabitants before the war, but its population has ballooned as Yemenis fled there from other parts of the country.

A Yemeni man next to burning tyres during protests calling for the removal of the Saudi-backed coalition government and deteriorating economic and living conditions, in Yemen's third city of Taez on September 27 

AHMAD AL-BASHA AFP

With about 139 refugee camps in the province, according to the government, hosting approximately 2.2 million people, the displaced civilians are caught in the line of fire once again.

"As they disperse, it will be harder for them to access humanitarian assistance and, with the spectre of famine looming over Yemen, the Marib battle will make it more imminent," said Iryani.

Kendall said "if the rebels seize Marib, the impact on the humanitarian situation will be dire", while Nagi predicted a "huge" disaster.

About 80 percent of the 30 million people in Yemen, long the Arabian Peninsula's poorest country, are dependent on aid.

While the UN and the US are pushing for an end to the war, the Huthis have demanded the reopening of Sanaa airport, closed under a Saudi blockade since 2016, before any ceasefire or negotiations.

Sixty-seven Yemeni rebels and pro-government troops have been killed in recent fighting for Marib, military sources said Monday - AFP

"Taking over Marib will not push the Huthis to accept the brokered peace or even to be committed to it if it is accepted," said Nagi.

"On the contrary, it encourages Huthis to move to the other southern parts to ensure its full control over all Yemen."

© 2021 AFP

AN HONEST POLITICIAN

'It has been the worst period in my life': Annamie Paul resigns as Green leader

TORONTO — Annamie Paul is stepping down as leader of the Green Party of Canada following months of strife within its ranks, saying she doesn't "have the heart" to keep fighting to hold onto the reins

.

© Provided by The Canadian Press

Paul announced her resignation in Toronto on Monday, a week after the federal election that saw the party fail to grow its foothold in the House of Commons as its share of the popular vote plummeted.


Paul said she started thinking about whether she wanted to stay at the party helm in recent days after learning that a leadership review had been launched.

"I just asked myself whether this is something that I wanted to continue, whether I was willing to continue to put up with the attacks I knew would be coming, whether to continue to have to fight and struggle just to fulfil my democratically elected role as leader of this party," she said.

"And I just don't have the heart for it."

Paul said she knows some will be disappointed and that her supporters would like her to stay on, and stressed the decision wasn't an easy one.

"It has been the worst period in my life in many respects, but I am not alone and you are not alone," she said.

Paul overcame a bid to oust her as leader just weeks before the election, and faced an automatic leadership review following the ballot. She said Monday that she had contacted the party's federal council to start the process of her resignation and the search for a new leader.

The announcement comes less than a year after Paul took the reins of the Greens, becoming the first Black and Jewish woman to lead a major federal party in Canada.

She said Monday that part of her motivation during the campaign came from wanting to pave the way for others like her and show them it could be done.

"What people need to realize is that when I was elected, I was breaking a glass ceiling," she said.

"What I didn't realize at the time is that I was breaking a glass ceiling that was going to fall on my head and leave a lot of shards of glass that I was going to have to crawl over throughout my time as a leader, and when I arrived at (the leaders' debate during the campaign), I had crawled over that glass, I was spitting up blood but I was determined to be there."

Last week's election saw Paul come in fourth in Toronto Centre, her third failed attempt to win the riding. The party elected two candidates, including its first in Ontario — the same number of seats it held before the election.

The Greens also drew 2.3 per cent of the popular vote, less than half the 6.55 per cent they received in the previous election.

The election was "very difficult," Paul said Monday, pointing to a lack of funding, campaign staff, and a national campaign manager. Ongoing internal strife also undermined the party's chances at the ballots, she said.

"When you head into an election being, again, under the threat of a court process from your party, it's going to be very hard to convince people to vote for your party," she said.

It was a "tremendous struggle" to decide to go through with the election under those circumstances, she said, adding she knew the outcome would likely not be good.

"I knew that we were likely not going to do well, and I knew that as the leader -- even without those tools that I needed — the first person that the public would look at would be me," she said.

Paul said that while she doesn't regret her decision, it is "quite clear" she wasn't given the opportunity to lead the party and wasn't going to be given that chance in the future.

The head of the Green Party of Ontario thanked Paul for her "bold and daring leadership."

Mike Schreiner, who campaigned with Paul, called her party leadership victory last year "a historic milestone" but lamented systemic barriers that remain in society, politics included.

"As leader of the Ontario Greens, I cannot speak for the federal party, but I do recognize that the party I lead has more work to do to combat systemic racism," he said in a statement. "I am committed to doing the hard work to build a party that is diverse, inclusive and welcoming."

Dimitri Lascaris, the runner-up to Paul in last year's party leadership race, said her resignation "is the right decision" for the Greens.

"Now is the time for Canadian Greens to focus on unity and strengthening the Party," he wrote on his website.

Other party leaders thanked Paul for her service.

"Thank you, Annamie Paul, for stepping forward and for serving Canadians with determination," Prime Minister Justin Trudeau wrote on Twitter. "Wishing you nothing but the best in your next chapter."

NDP Leader Jagmeet Singh thanked Paul for her leadership, resilience and perseverance.

"You made it possible for an entire generation of Canadians to see themselves reflected in politics," he tweeted.

Conservative Leader Erin O'Toole also tweeted his admiration and support.

"Thank you Annamie Paul for your perseverance & for being a trailblazer for Canadians from all backgrounds interested in public service," he wrote.

Mike Morrice, who was elected for the Greens in Kitchener Centre, ruled himself out of the race to replace Paul.

Morrice has been urged by many within the party to throw his hat into the ring, but the rookie MP said he wanted to concentrate on representing his constituents in Parliament.

"While I'm open-minded about my future, my immediate focus remains on the job my neighbours across Kitchener Centre have sent me to Ottawa to do: to respectfully advocate on their priorities, from the unaffordability of housing to the climate crisis," he told The Canadian Press.

"Having just completed my first day of orientation as a rookie MP, I intend on staying focused on working across party lines to make progress on these concerns."

This report by The Canadian Press was first published Sept. 27, 2021.

— With a file from Marie Woolf

Liam Casey and Paola Loriggio, The Canadian Press

Ontario patients fear vision loss as no end in sight to optometrists' dispute with province

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Optometrists demanding Ontario fully cover eye exams for provincially insured patients

Samantha Beattie · CBC News · Posted: Sep 26, 2021 

Lisa Adams, 38, wears her -32 prescription glasses she needed before having multiple eye surgeries earlier this year. She urgently needs to see her optometrist to get a new prescription, but can't because they've withdrawn their services as part of a dispute with the province. (Lisa Adams/Submitted)

After enduring four eye surgeries this year alone, Lisa Adams has nearly completed the painful and strenuous process of improving her unusually severe nearsightedness and macular degeneration. 

One step remains: an optometrist must examine her eyes to determine her new prescription for trifocal lenses so she can properly see.

The problem is her appointment was cancelled.

As of Sept. 1, 98 per cent of optometrists are withholding their services from the 2.9 million patients covered for eye care under the Ontario Health Insurance Plan (OHIP), including kids under 19, people over 65 and those with certain eye conditions, like Adams.

The Ontario Association of Optometrists (OAO) has recommended its members withdraw the service to put pressure on the province to hike the amount it pays per examination. But almost a month in, the two parties remain at a standstill with no end in sight. 

Adams, 38,  who lives in the Durham Region and is a school board social worker, is now left with throbbing headaches as she strains to see and work. Before the retinal and lens replacement surgeries, she said she was considered legally blind and wore a prescription of negative 32. Now she needs one for about negative six.

"My vision has changed a million times in the last five months, with every surgery, so my brain is very confused as to how to operate my eyes," said Adams.

"Not being able to go there and get a full exam and check-up is really detrimental to my health and vision." 

OHIP patients stuck without care

She said she cycles through half a dozen pairs of glasses of varying strengths she's accumulated between surgeries. She wears different ones depending on the task at hand, whether it be working at her computer, writing a note or driving. The trifocal lenses would combine them all into one so she can see properly all the time, she said.

Even though she has vision coverage through her work benefits, she's not allowed to use it or pay out of pocket. In Ontario, health professionals ,including optometrists, are prohibited from charging OHIP patients for services covered by the province, the Ministry of Health confirmed.

But Adams said she still supports her optometrist participating in the job action and believes the province needs to step up.

Ontario Association of Optometrists member Ritesh Patel says eye doctors are demanding more funding from the province and the current model is unsustainable. (Lucid Lion Creations/Ritesh Patel)

At the centre of the dispute is how much optometrists should be reimbursed by the province for OHIP patient care. Right now, the province pays on average $44.65 per exam, which optometrists say has increased by only $5 over the last 30 years and covers about half the actual cost. 

It's also the lowest rate in the country, said OAO member and Toronto optometrist Ritesh Patel. The next lowest reimbursement rate is Manitoba's at $77 and the highest is Alberta's at $137. 

Patel said Ontario needs to cover at least $80 per OHIP exam. 

"Anything less than that is quite frankly unfair and not realistic for the long-term," Patel said. "What we're looking for is for the government to understand and recognize that we've basically been funding the system for over 32 years." 

Province offering 1-time payment

The Ministry of Health will increase OHIP payments by eight per cent (about $4 more per exam) retroactive to April and provide a one-time payment of $39 million, a "fair and reasonable proposal," said spokesperson David Jensen. The ministry is now waiting for the OAO to return to the table. 

"Our government has made every effort possible to lay the foundation for a long-term relationship with the Ontario Association of Optometrists," said Jensen. 

What the province offered is simply not good enough, said Patel, calling the one-time payment "a bribe" that would equal just over $1 per person for every exam done in the last 10 years and doesn't address the problem long-term.

• Optometrists to withdraw OHIP-covered services today after breakdown in talks

• Ontario optometrists vote to stop OHIP-paid services unless province pays more

When asked about how patients are supposed to cope, Patel said that's the real struggle optometrists are facing, having to turn down an estimated 15,000 people each day on average across Ontario. But he said it's the province that's allowing this "collateral damage" to occur. 

"They're going to give the impression as if it's greedy optometrists looking for more money," he said. "But at the same time, anybody can agree that if you haven't had a raise in basically 32 years — that's pretty absurd."  

If optometrists withhold care for a patient, they are expected to write referrals for treatment elsewhere, said Jensen. The health ministry has written to the College of Optometrists of Ontario "to stress the importance of ensuring that during any job action its members conduct themselves appropriately in accordance with the College's policies and guidelines."

"The College has assured us that they remain focused on its mandate to protect the public and will be ready to receive and investigate any complaints if an issue should arise," Jensen said. 

Mother, son also affected

The job action is not only affecting Adams, but also her 68-year-old mother Marie Gage who has glaucoma and myopic degeneration that's caused vision loss in her left eye and is supposed to be routinely monitored by her optometrist, with her next appointment later this fall.

Gage said she's afraid she'll experience permanent vision loss if her care is delayed. She's seen the impact first hand, when her grandfather was diagnosed with glaucoma and without modern treatments, went blind at the age of 50.

"If vision is interfered with or permanently gone, suddenly you're much more dependent and thus there's other costs that society bears for that dependence," Gage said. "So, it seems to be a proactive need that we have to value."

Adams's nine-year-old son is also due for his annual eye exam, which she said was cancelled.

"With our family history of eye disease, it's very scary to not have him getting his regular check ups," Adams said.

"My biggest worry is how long will this go on for and how many undiagnosed eye diseases will happen. If people don't get proper care for their eyes, that can lead to significant vision loss."

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British Columbia

Mask and vaccine complaints swamp human rights tribunal, but many aren't about true discrimination

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Chair of B.C. body is asking public to research tribunal's role and the Human Rights Code before filing

Bethany Lindsay · CBC News · Posted: Sep 26, 2021 

The B.C. Human Rights Tribunal has received at least 585 complaints about the province's mask and vaccine mandates, but there are likely many more that haven't been processed yet. (Gian Paolo Mendoza/CBC)

A deluge of complaints about mask and vaccine mandates has overwhelmed staff at the B.C. Human Rights Tribunal, and it could mean unacceptable delays for people with urgent concerns that need to be resolved.

The number of new complaints submitted to the tribunal last year was about double what it's equipped to deal with, and if things continue the way they have this year, the workload could hit triple the capacity, tribunal chair Emily Ohler told CBC News this week. 

Among this unusually heavy caseload are hundreds and hundreds of complaints about public health measures related to COVID-19, and many of those complaints show a lack of understanding about the tribunal's role or what constitutes discrimination under B.C. law.

"I'm kind of a hopeless optimist, so with these sorts of challenges, I think there are some opportunities to ultimately improve our process," Ohler said.

"But at the time that you're stuck in these moments, it's hard to look at it as a positive because we have people working internally who are feeling overwhelmed, and of course, we have a public who is overwhelmed by the realities of living through a pandemic who aren't getting the kind of service that we would like to be able to offer."

Right now, anyone who emails the B.C. Human Rights Tribunal (BCHRT) will receive an automated email warning of "significant delays at many stages in the complaint process."

• PPC candidate denounced for 'harmful and repugnant' comparison of vaccine cards to residential schools

Ohler put those delays in perspective, explaining that the tribunal has a staff of 30 people and is set up to handle between 1,000 and 1,200 new complaints every year.

In the pre-pandemic year ending in March 2020, there were 1,460 new complaints, which meant the tribunal was already strained.

Last year, there were 2,431 new complaints, or about double the BCHRT's capacity. Close to two-thirds of those came in during the second half of the year, when the mask mandate was introduced. 

In less than six months this year, there have been another 1,412 complaints.

So far, the tribunal estimates there are 585 complaints in the system related to mask or vaccine requirements, but that figure comes with a major caveat — there are still 1,431 complaints that haven't been processed.

Ohler said she couldn't guess at the content of those, but it's likely there's a significant number related to the B.C. vaccine card and other vaccine-related rules that have just come into effect.

'It almost feels insulting'

The delays at the tribunal have caused serious problems for Natasha Reaney, a health-care worker who filed a complaint against her Vancouver employer late last year, alleging a failure to accommodate her documented disability.

She said she got word in March that the complaint had been accepted for consideration but has heard nothing since then.

"I eventually just quit because it was so awful and excruciating to work there. My health was just getting worse," Reaney said.

"I have trauma. I got a diagnosis of PTSD after that. I've been trying to process everything about that situation but I can't because I don't have closure."

Protesters rally against COVID-19 restrictions, including the new B.C. vaccine card, outside of Vancouver City Hall on Sept. 8, 2021. The chair of the human rights tribunal expects many more complaints to be filed about the card. (Maggie MacPherson/CBC)

She said it's hard to hear the reason behind the delays.

"To be bogged down by something like a mask complaint, it almost feels insulting," Reaney said.

Ohler said BCHRT staff usually try to identify and fast-track complaints about discrimination where someone is in imminent danger of harm — cases where someone is facing eviction because of their sexual orientation or job loss because of their ethnicity, for example.

"With this volume, it's been more difficult to effectively do that," Ohler said. "The delay is impacting people whose complaints were in our system since before COVID, and obviously they're impacting people who are trying to get access to recourse now." 

'The code does not protect personal choice'

Ohler stressed that there are valid human rights complaints about COVID-19 measures and they aren't "inherently frivolous."

"We are going to look at 100 per cent of the complaints that come through our door, but at the same time, many of the complaints that we've seen coming through are based on a misunderstanding of what discrimination is," she said.

In recent months, the tribunal has posted a number of "screening decisions" about rejected mask and vaccine cases, in an effort to educate the public about what constitutes a valid complaint. The BCHRT website has also been updated with information about how to determine if a mask or vaccine-related beef warrants a human rights complaint.

• Human rights tribunal tosses out complaint by worker who said he refused to wear mask because of religion

• Human rights tribunal puts anti-maskers on notice, saying complaints require proof of disability

Ohler said the public needs to understand that the tribunal's powers are strictly defined, and they only involve resolving alleged violations of the B.C. Human Rights Code.

"The code does not protect personal choice or personal preference. The code protects personal characteristics like disabilities or sex or race or gender identity," Ohler said.

"We cannot help people who think their charter rights are being violated. We cannot help people who don't like the government's approach to the pandemic."

Protesters are shown at a rally against B.C.'s vaccine card on Sept. 1, 2021. The B.C. Human Rights Code does not protect personal choice or personal preference. (Gian Paolo Mendoza/CBC)

Anyone who believes that B.C.'s rules about masks or vaccines violate the Charter of Rights and Freedoms should go through the courts, not the tribunal.

Despite the challenges of the pandemic, Ohler is proud of how her little team has offered virtually uninterrupted service over the last two years.

"It sounds so hokey, but truly, we're doing our best," she said.

"If people could do the homework that they can upfront so that they are satisfied that this could be a discrimination complaint, that would help."

ABOUT THE AUTHOR

Bethany Lindsay

Journalist

Bethany Lindsay is a B.C. journalist with a focus on the courts, health, science and social justice issues. Questions or news tips? Get in touch at bethany.lindsay@cbc.ca or on Twitter through @bethanylindsay.

REACTIONARY BOURGEOIS INDIVIDUALISM

Saskatoon PPC candidate among those seeking injunction against Sask. proof-of-vaccination policy


Matt Young

Anchor/Reporter CTV News Saskatoon

Monday, September 27, 2021 

SASKATOON -- Saskatchewan’s proof of vaccination policy is facing a legal challenge.

An application has been filed at Court of Queen’s Bench in Saskatoon against four Crown corporations and the province’s attorney general.

It seeks an injunction that the provincial government, including Crowns and other departments, may not require proof of vaccination as a condition to enter their premises, obtain services or employment.

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The applicants include Mark Friesen, who ran as a candidate for the PPC in last week’s federal election, and two entities named Concerned Citizens (Estevan) and Unified Grassroots.

The application also requests that any medical testing requirements extend to everyone regardless of their vaccination status, that they do not frustrate or coerce people into submitting to vaccination as an alternative, be as least intrusive as possible and be provided at the expense of those requiring the test.

It requests any entities not normally subject to the Charter of Rights and Freedoms be subject to the same limitations.

Premier Scott Moe announced on Sept. 17 that a proof-of-vaccination policy would come into effect on Oct. 1.

A proof of vaccination or a negative test will be required at establishments including restaurants, casinos, movie theatres and indoor facilities hosting ticketed sporting events. The same requirements will be put in place for all provincial and Crown employees.

The injunction application says the policy violates the Charter of Rights and Freedoms - including the freedom of thought, belief, and opinion that proof of vaccination measures are “intended to frustrate and coerce the individual to abandon their thoughts, beliefs, and opinion, and to encourage submission to government opinion.”

I also alleges the policy violates the rights to freedom of expression and peaceable assembly, and the rights to life, liberty and security of the person and privacy.

None of the allegations have been proven in court.

The respondents are SaskTel, SaskEnergy, SaskPower, Saskatchewan Government Insurance (SGI) and the Attorney General for Saskatchewan.

They can address the application at a hearing set for late October.

Conservatives could have done better job talking to Chinese Canadian voters: ex-MP

Stephanie Taylor
The Canadian PressStaff
Monday, September 27, 2021 6:50PM EDT

OTTAWA -- A former Conservative MP who lost his seat in the recent election thinks the party could have done a better job speaking directly to Chinese Canadians.

Kenny Chiu was defeated in Steveston-Richmond East, a British Columbia riding with many residents of Chinese descent.

The party also saw the losses of longtime Conservative MP Alice Wong in Richmond Centre and Bob Saroya in Markham-Unionville, both home to many voters with Chinese roots. Neither responded to requests for comment from The Canadian Press.

The defeats have the Conservatives wondering what happened, and what connection the losses might have to the party's stance and messaging on China.

Conservative Leader Erin O'Toole has been an outspoken critic of China's human rights abuses, calling on the Liberal government to adopt a tougher approach with the authoritarian regime.

Chiu says there's no single reason for his loss, but points to online WeChat posts he says contained false information about the Conservatives and allegations a private member's bill to create a foreign influence registry would discriminate against Chinese Canadians.

"Hindsight is always 20/20. I think there could be more proactive communication directly addressing Canadians of Chinese descent that we could have done," Chiu said in an interview.

The party could have bought more targeted advertisements, he said, adding it's clear the communication efforts weren't enough to counter what he considers misinformation.

Improving how Conservatives speak to constituents is one of the issues Chiu said he had hoped to raise heading into the next session of Parliament. Another was how to reassure people that their criticism of the potential influence of the Chinese Communist Party doesn't mean they are attacking China, a country with a rich and storied history, or its people.

Cheuk Kwan, the past chair of the Toronto Association of Democracy in China and the activist organization's current spokesman, says he has seen examples of what he calls "pro-China" messages being spread on WhatsApp. He believes Chiu was indeed subject of a misinformation campaign stemming from his private member's bill.

O'Toole hasn't addressed the issue specifically, but expressed general disappointment in last week's election results, promising that what went wrong will be examined in a post-election review. Details have yet to be provided on its parameters or who will lead it.

Besides failing to grow the party in key areas like the Greater Toronto Area, including the vote-rich 905 area code, and Metro Vancouver, home to many immigrants and new Canadians, the Conservatives have five fewer elected people of colour because of defeats in and around these two cities, as well as in Calgary.

That comes as a hit to O'Toole's pledge to expand the party and make it a place more Canadians, including people of all backgrounds, call home.

During the campaign he tried courting voters by telling them Conservatives were no longer their dad's or grandfather's party, despite having a predominantly white caucus.

For Tenzin Khangsar, who worked for Jason Kenney when the Alberta premier served as immigration minister under former Conservative prime minister Stephen Harper, success in making inroads with newcomer communities came down to doing the work to have an authentic presence there before any election was called.

"905 equals 24 Sussex," he said.

Under Harper, Kenney prioritized aggressive outreach with diaspora communities, noting that Canada's demographics had changed, creating an opportunity to open the door to new supporters.

Kenney was a key supporter of O'Toole's when he ran for the party leadership in 2020, with O'Toole crediting his former colleague for having helped grow the party when he served in Harper's cabinet.

More recently, Conservative MPs including Alberta's Tim Uppal have apologized for not speaking out when he was in Harper's government against its efforts to ban face coverings during citizenship ceremonies and its 2015 election promise to set up a so-called "barbaric cultural practices" hotline.

This report by The Canadian Press was first published Sept. 27, 2021.