#BCSupremeCourtjudge; #Canada; #JusticeCanada; #Huawei, #ExtraditionProceedings
British Columbia, May 27 (Canadian-Media): Huawei CFO Meng Wanzhou was shocked with a B.C. Supreme Court judge ruling to go ahead with the extradition proceedings against the Huawei executive, media reports said.
Meng Wanzhou. Image credit: Wikipedia
Associate Chief Justice Heather Holmes said that the crime of 48-year-old Meng's fraud in the United States for allegedly deceiving banks into a possible violation of U.S. economic sanctions against Iran, would be considered a crime if it occurred in Canada.
And the fact that Canada doesn't have the same economic sanctions against Iran as the U.S. wouldn't stop someone being prosecuted in Canada for the same offence.
"Canada's law of fraud looks beyond international boundaries," Holmes wrote in her decision.
Meng was arrested at Vancouver's airport in December 2018 on an extradition warrant.
Prosecutors claimed that Meng's alleged lies put banks at risk of prosecution and loss because they would be violating U.S. sanctions themselves in handling finances of Huawei, a Chinese multinational technology company, which provides telecommunications equipment and sells consumer electronics, and smartphones.
Meng has denied the allegations against her.
Meng's lawyers argued that the fact Canada does not have economic sanctions against Iran meant her alleged actions would not have been considered a crime in Canada because no bank would have suffered a loss in an identical set of circumstances.
Addressing Meng's lawyers' concern Holmes said Meng's alleged offence was fraud and a crime in both countries and added that the final decision whether surrendering Meng to the U.S. authorities would be unjust or oppressive would rest with the federal Justice Minister David Lametti.
Securing the release of Kovrig and Spavor as well as clemency for Canadians facing the death penalty in China, including Robert Schellenberg was Canada's top priority, said Canadian Foreign Affairs Minister François-Philippe Champagne Wednesday.
Calling the dispute of Meng's release as political, not legal, Chinese Foreign Ministry spokesperson Zhao Lijian said in a news conference that Canada should immediately release Meng and ensure her safe return to China at an early date so as to avoid any continuous harm to China-Canada relations.
#CanadaJustice; #ActionCommittee; #CourtOperations; #TimelyRestorationOfCourts
Ottawa, May 27 (Canadian-Media): The second virtual meeting of the Action Committee on Court Operations in Response to COVID-19, co-chaired by Chief Justice Wagner and Minister Lametti, was held by teleconference on Friday, May 22, media reports said.
Federal Court of Canada. Image credit: Twitter handle
The meeting focused on Action Committee’s priorities in offering national guidance to chief justices, judges and courts administration officials with gradual resumption of court operations across Canada.
“As we all continue to navigate this period of uncertainty, ...we must keep in mind is that the success of our justice system...depends on public confidence and trust...we cannot simply view our response to COVID-19 as temporary measures to bridge us back to “normal” – they must be seen as opening the door to imagining a new normal, ” said Richard Wagner, Chief Justice of Canada and Chairperson, Canadian Judicial Council
With input from judicial, government, and public health and workplace safety the Action Committee has approved and released the Committee’s terms of reference, core principles and perspectives to be considered for court operations and initial orienting principles on safe and accessible courts in response to COVID-19 .
The Action Committee also identified its key priorities going forward, agreeing that the immediate focus for forthcoming national guidance would be on challenges of jury trials and hearings in small court rooms, circuit and remote courts.
Guidelines prepared by the Action Committee will help support appropriate provincial and judicial decision-makers with the best available information adapted to the individual circumstances of their courts while at the same time respecting the responsibility of provinces and territories for the administration of justice in their jurisdictions.
The Action Committee, established by the Chief Justice of Canada and the Minister of Justice and Attorney General of Canada, provides national leadership to support the work of provincial and territorial governments, individual courts, and court administrators restoring the full operation of Canada’s courts while ensuring the safety of court users and staff.
“The timely, quick and safe restoration of court operations as we emerge from the pandemic is essential to Canadians...my hope is that it will also serve as an opportunity to promote reform and renewal in the justice system,” David Lametti, Minister of Justice and Attorney General of Canada.
Govt of Canada shares legislative proposals to address issues of legislative time limits & deadlines
#CanadaJustice; #Covid19PandemicChallenges; #IndividualCanadians; #CanadaBusinesses
Ottawa, May 19, (Canadian-Media): Access to justice and effective functioning of our justice and court system is fundamental to a just and fair Canadian society due to challenges created by COVID-19 pandemic on many fronts, both for individual Canadians and businesses, media reports said.
David Lametti. Image credit: Twitter handle
“A fair and accessible justice system is a fundamental pillar of our democratic society. There are unprecedented times, and we are committed to ensuring that the decisions the Government takes protect Canadians’ rights and access to justice,”said David Lametti, Minister of Justice and Attorney General of Canada.
Recognizing that the individual Canadians and businesses fail to meet deadlines and time periods set by law, the Government of Canada has published on May 19 draft legislative proposals, to address these important issues.
The draft legislative proposals are available online for 10 days and interested stakeholders are welcome to share their comments.
The draft legislative proposals would suspend certain time limits and enable federal ministers to extend or suspend other time limits included in federal legislation to enable Canadians and Canadian businesses to meet regulatory time limits and deadlines found in federal legislation.
Examples of these are key deadlines found in the Bankruptcy and Insolvency Act and in regulations made under the Canada Labour Code, during these exceptional times.
The draft legislative proposals would also protect Canadians’ rights and access to justice in the context of civil legal proceedings before the courts, by ensuring that individuals are not prevented from asserting their rights for having missed a time limit or deadline during the COVID-19 pandemic.
The draft legislative proposals also include provisions to ensure that temporary extensions or suspensions cannot be made after September 30, 2020, and could be retroactive to March 13, 2020 when the COVID-19 pandemic officially began.
#CanadaHealth; #COVID19Pandemic; #CriminalPenalty; #SelfIsolate, CanadianTravelers
Ottawa, Mar 22 (Canadian-Media): During her daily briefing on Parliament Hill, Canada's Health Minister Patty Hajdu said she was considering that monetary penalties as well criminal penalties for Canadian travelers who disobey government's advice to self-isolate when they return home, media reports said.
Patty Hajdu. Image credit: Facebook Page
The Quarantine Act, which was updated in 2005 after the deadly SARS outbreak empowers the federal health minister to designate quarantine zones and fine or jail travelers who disobey quarantine requests.
More Canadians are expected to make it home in the coming days.
Ontario'sCOVID19CasesSurge; #EmergencyLegislation; #TTC; #OppositionPartyLeaders
Ottawa, Mar 19 (Canadian-Media): The confirmation of an additional 43 cases of COVID-19 in Ontario on Thursday bringing the provincial total to 257, led the Progressive Conservative government to consider passing an emergency legislation to protect workers who are forced to stay home due to the COVID-19 pandemic, media reports said.
Ontario Premier Doug Ford. Image credit: Twitter handle
The bill, which is expected to pass with unanimous consent from all parties to get it through quickly, will protect employees under investigation, supervision or treatment for the disease caused by the novel coronavirus, including workers in isolation, in quarantine and those who need to provide care related to COVID-19, such as for school or daycare closure.
Ontario Government house leader Paul Calandra said the government will also introduce and expects to pass a second bill to enable municipal councils to meet by teleconference during the pandemic.
After Toronto Transit Commission (TTC) reported 1st COVID-19 case in an employee who works at the agency's Duncan Shop, TTC CEO Rick Leary forced about 170 impacted shop employees to self-isolate until March 25, and return to work on March 26 if they have no symptoms.
It was also decided by the Ministry of Environment, Conservation and Parks to shut down all parks until April 30 to protect the health of employees and visitors.
The closure includes all aspects of the parks, including day-use, car camping and back country camping.
#Canada; #ConversionTherapy; Canada'sConversionTherapy, #CriminalCodeAmendment
Ottawa, Mar 10 (Canadian-Media): An announcement was made jointly on Mar 9 by David Lametti, Minister of Justice and Attorney General of Canada, and Bardish Chagger, Minister of Diversity and Inclusion and Youth, regarding proposed legislative amendments to Criminal Code, relating to Canada's conversion therapy-related conduct, media reports said.
David Lametti . Image credit: Twitter handle
Interim results of the 2019-2020 Community-Based Research Centre Sex Now Survey showed that 1 in 5 sexual minority men have been subjected to sexual orientation, gender identity and/or gender expression change efforts.
The 2011-2012 results of the Survey also showed that lower income, Indigenous and trans persons were more vulnerable to conversion therapy.
Being aware that Canadians Diversity and inclusion are among Canada’s greatest strengths, and to ensure the safety of Canadians' identities, Government of Canada is acting on its commitment to criminalize conversion therapy in Canada.
“Conversion therapy is a cruel practice that can lead to life-long trauma, particularly for young people...to protecting the dignity and equality rights of lesbian, gay, bisexual, transgender, queer and two-spirit Canadians, by criminalizing a practice...If passed, this bill would make Canada’s laws on conversion therapy the most progressive and comprehensive in the world," said Lametti.
“We all have a role to play to make sure LGBTQ2 persons feel safe and can fully participate in Canadian society...to ensure that everyone, everywhere in Canada can be who they truly are, and live full, healthy, and safe lives,” said Chagger.
The legislation proposes five new Criminal Code offences related to conversion therapy which include: causing a minor to undergo conversion therapy; removing a minor from Canada to undergo conversion therapy abroad; causing a person to undergo conversion therapy against their will; profiting from providing conversion therapy; and advertising an offer to provide conversion therapy.
Conversion therapy reflects myths and stereotypes about LGBTQ2 persons, in particular that sexual orientations other than heterosexual, and gender identities other than cisgender, can and should be changed. The practice can take various forms, including counselling and behavioural modification.
Criminal law reform is an important step toward protecting LGBTQ2 persons and promoting their rights.
The Government of Canada is committed to working with provinces, territories, municipalities and stakeholders to ensure that Canadians, regardless of their gender expression, gender identity, or sexual orientation, enjoy equal rights and freedom.
Practice and promotion of conversion therapy within their city limits is being banned by some Canadian municipalities, such as Vancouver, B.C., and Calgary, Edmonton, St. Albert, Strathcona County, Lethbridge, Wood Buffalo and Spruce Grove, Alberta.
Legislation has been enacted in Ontario, Nova Scotia and PEI to specify that conversion therapy is not an insured health service. Health care professionals are banned from providing treatment to minors, unless they are capable of consenting.
Manitoba has implemented non-legislative measures to facilitate health professionals to discontinue conversion therapy practice in the province.
#Ottawa, #BreachOfPrivacy; FederalDepartments; #144,000PeapleAffected; #PrivacyAct
Ottawa, Feb 14 (Canadian-Media): It was revealed by a 800-page report tabled in the House of Commons that between Jan. 1, 2018 and Dec. 10, 2019 personal information belonging to about 144,000 Canadians have been mishandled by Federal departments or agencies, media reports said.
Canada Revenue Agency Image credit: Twitter handle
The report did not offer any explanation for the errors to breaches involving sensitive personal information and not everyone who was informed about it.
“We consider a single privacy breach to be one too many,” said Canadian Revenue Agency (CRA) spokesperson Etienne Biram. “Two-thirds of the total individuals affected were as a result of three unfortunate but isolated incidents.”
Federal agencies only informed of the breach to persons whose personal information could harm individuals, or ones affecting large number of people.
Changes to the Privacy Act had been pushed by Privacy Commissioner Daniel Therrien to make breach reporting mandatory.
"We don't get to choose as citizens what governments we deal with, and governments are custodians of a significant amount of highly sensitive personal information," said David Fraser a privacy lawyer of McInnes Cooper in Halifax.
Although Privacy Act lacked resources to allow the victims of the breach to file complaints with the commissioner, one expert said that more people are turning to class-action lawsuits for financial satisfaction in these cases.
#ProvincialLegislation; #IndigenousIssues #FederalJurisdiction.#SupremeCourtofCanada; #TransMountainPipeline; #TtransportOfHeavyOil
Vancouver, Jan 17 (Canadian-Media): B.C.'s appeal of a previous lower court decision quashing provincial legislation designed to block the project on Thursday being unanimously dismissed by the Supreme Court of Canada was both disappointing to some and humiliating to others, media reports said.
Kinder-Morgan Trans Mountain Pipeline. Image credit: twitter handle
Minutes after the ruling, Attorney-General David Eby remarked that though the decision was disappointing he said, "We'll certainly be doing what we can within our jurisdiction to protect our economy and our environment."
The court further clarified that this matter falls under federal jurisdiction.
"We haven't changed our view of the risks that this transport of heavy oil poses to British Columbians," said George Heyman, B.C.'s environment minister, in an interview Friday on CBC's The Early Edition.
"We are not trying to frustrate or play games. We are trying to do our job," added the minister.
Sonia Furstenau, deputy leader of the B.C. Green Party and MLA for Cowichan Valley, also said that the Trans Mountain pipeline expansion is, at the end of the day, a political minefield.
"These are political decisions that are being made and a lot of people are not happy with these political decisions," Furstenau said.
"In an era where we can see the impacts of climate change so vividly, to see governments doubling down on a fossil fuel-driven infrastructure, it makes no sense."
A separate Federal Court of Appeals case on the project with considers Indigenous issues, is still pending.
#CityOfToronto; #ReduceSpeeding; #AutomatedSpeedEnforcementCameras; #SignageOnTorontoCity; #ObeyingPostedSpeedLimits
Toronto, Dec 16 (Canadian-Media): In an effort to increase road safety, installation of Automated Speed Enforcement (ASE) cameras and signage on Toronto streets is being started today by the City of Toronto to reduce speeding and raise public awareness about the need to slow down and obey posted speed limits, media reports said.
City of Toronto. Image credit: Twitter handle
As an efficient tool in the City's Vision Zero, ASE in Toronto is intended to work along with other Vision Zero methods and strategies already in place, including road redesign improvements, police enforcement and public education.
With over 50 safety measures across six emphasis areas, the Vision Zero Road Safety Plan, a comprehensive action plan aims to reduce traffic-related fatalities and serious injuries on Toronto’s streets and prioritizes the safety of our most vulnerable road users: pedestrians, schoolchildren, seniors and cyclists.
A total of 50 cameras are reported to be installed on local, collector and arterial roads in Community Safety Zones near schools with two ASE cameras in each ward to capture and record images of vehicles travelling in excess of the speed limit posted.
"Speed limits are not suggestions – they are the law...We have fought for years for the provincial regulations to allow Automated Speed Enforcement on our streets because we know it will save lives...enhance safety in our Community Safety Zones but will also bring us closer to our Vision Zero goals," said Toronto Mayor John Tory.
Speed, the contributing factor in approximately one third of fatal collisions in Canada accounts for more than 50 percent of convictions related to the Highway Traffic Act in Ontario.
The launch of a 90-day public education campaign starting this week by the City to warn drivers and raise awareness about ASE in advance of laying any charges, including issuing warning letters to speeding drivers in lieu of tickets. Warning signage will be installed in each ward to inform drivers as they approach an ASE camera.
Issue of ASE tickets to speeding drivers are expected to start in the spring of 2020 at the end of the 90-day public education campaign.
ASE tickets will be be mailed to the registered plate holder of a vehicle exceeding the posted speed limit in an ASE-enforced area. Offenders are only fined with no demerit points applied.
"Those exceeding the speed limit and putting lives at risk will almost certainly receive a ticket... Those obeying the rules of the road...users have little to worry about and set a good example for everyone," said Councillor James Pasternak (Ward 6 York Centre), Chair of the Infrastructure and Environment Committee.
The criteria for the selection of areas where the ASE camera would be installed was based on data indicating the existence of speed and collision challenges such as in Community Safety Zones near schools in Toronto, planned road work, speed limits, obstructions or impediments to equipment, boulevard space and the nature of the road.
The locations are:
• Ward 1: Royalcrest Road between Cabernet Circle and Leading Road
• Ward 1: Harefield Drive between Barford Road and Elmhurst Drive
• Ward 2: Renforth Drive between Tabard Gate and Lafferty Street
• Ward 2: Trehorne Drive between Duffield Road and Tallon Road
• Ward 3: Horner Avenue between Orianna Drive and Foch Avenue
• Ward 3: Chartwell Road between Badger Avenue and Larstone Avenue
• Ward 4: Jameson Avenue between Laxton Avenue and Leopold Street
• Ward 4: Close Avenue between Queen Street and King Street
• Ward 5: Bicknell Avenue between Juliet Crescent and Avon Drive
• Ward 5: Brookhaven Drive between Fox Point and Nordale Crescent
• Ward 6: Faywood Boulevard between Faith Avenue and Sunbeam Avenue
• Ward 6: Wilmington Avenue between Finch Avenue and Purdon Drive
• Ward 7: Derrydown Road between Killamarsh Drive and Catford Road
• Ward 7: Grandravine Drive between Jane Street and Driftwood Avenue
• Ward 8: Corona Street between Wenderly Drive and Claver Avenue
• Ward 8: Ridge Hill Drive between Old Park Road and Glenarden Road
• Ward 9: Caledonia Road between Rogers Road and Corby Avenue
• Ward 9: Gladstone Avenue between Cross Street and Waterloo Avenue
• Ward 10: Manning Avenue between Dundas Street West and Robinson Street
• Ward 10: Givins Street between Argyle Street and Bruce Street
• Ward 11: Lippincott Street between Vankoughnet Street and College Street
• Ward 11: Huron Street between Bernard Avenue and Lowther Avenue
• Ward 12: Atlas Avenue between Ava Road and Belvidere Avenue
• Ward 12: Brownlow Avenue between Eglinton Avenue and Soudan Avenue
• Ward 13: Prospect Street between Rose Avenue and Ontario Street
• Ward 13: Spruce Street between Gifford Street and Nasmith Avenue
• Ward 14: Chatham Avenue between Jones Avenue and Euston Avenue
• Ward 14: Morse Street between Queen Street and Eastern Avenue
• Ward 15: Bessborough Drive between Field Avenue and Sharron Drive
• Ward 15: Ranleigh Avenue between Yonge Street and Mount Pleasant Road
• Ward 16: Gateway Boulevard between Don Mills Road (south intersection) Grenoble Drive
• Ward 16: Ness Drive between York Mills Road and Lynedock Crescent
• Ward 17: Elkhorn Drive between Whittaker Crescent and Hawksbury Drive
• Ward 17: Cherokee Boulevard between Pawnee Avenue and Shawnee Circle
• Ward 18: Patricia Avenue between Laconia Drive and Homewood Avenue
• Ward 18: Lillian Street between Abitibi Avenue and Otonabee Avenue
• Ward 19: Gower Street between Cedarcrest Boulevard and Dawes Road
• Ward 19: Barrington Avenue between Balfour Avenue and Doncaster Avenue
• Ward 20: Falmouth Avenue between Brussels Road and Ordway Road
• Ward 20: Birchmount Road between Kingston Road and Hollis Avenue
• Ward 21: Brimorton Drive between Hathway Drive and Neapolitan Drive
• Ward 21: Marcos Boulevard between Cicerella Crescent (east intersection) and Cicerella Crescent (west intersection)
• Ward 22: Beverly Glen Boulevard between Stonebridge Boulevard and Silver Spruce Drive
• Ward 22: Silver Springs Boulevard between Revlis Crescent (east intersection) and Revlis Crescent (west intersection)
• Ward 23: Crow Trail between Crittenden Square and Bradstone Square
• Ward 23: Alton Towers Circle between Goldhawk Trail (north intersection) and Goldhawk Trail (south intersection)
• Ward 24: Galloway Road between Lawrence Avenue and Weir Crescent
• Ward 24: Military Trail between Cindy Nicholas Drive and Bonspiel Drive
• Ward 25: Hupfield Trail between Glanvil Crescent (north intersection) and Glanvil Crescent (south intersection)
• Ward 25: Murison Boulevard between Breckon Gate and Curtis Crescent
#Ontario; #SofteningEmissionsReductionTargets; #StockwoodsLLP, #Ecojustice,
Ottawa, Nov 26 (Canadian-Media): The Province of Ontario is being sued over climate change inaction by young Ontarians arguing that by softening emissions reduction targets, the Ford government has violated Section 7 of the Canadian Charter of Rights and Freedoms, which promises protection for life, liberty and security of the person, media reports said.
Canadian Charter of Rights and Freedoms. Image credit: Twitter handle
This is the first lawsuit filed against a Canadian province over climate inaction and its claims in the lawsuit have not been proven in court.
The applicants represented by Stockwoods LLP and Ecojustice, a group that specializes in public interest lawsuits in the name of environmental protection , range from age 12 to 24 and represent a growing trend of young people across the globe suing governments over perceived inaction on climate change.
A similar lawsuit had been launched against the federal government by more than a dozen young Canadians earlier this year.
Similar lawsuits had been launched in the U.S. and the Netherlands, with varying degrees of success.
"Any government that is failing to address the climate emergency in a meaningful way can expect to face litigation of this nature," said Alan Andrews, climate director at Ecojustice.
The group's focus of the lawsuit is on the Ford government's decision to scale back emission targets set by the Liberals in 2015.
The Ford government's plans, to leverage Ontario's private sector to develop green technology, and its new climate strategy will keep the province on track to meet Paris Agreement warming targets, were considered by the young people that increasing urgency of climate change is being ignored.
The result of the challenge is not yet decided, but Ecojustice recently scored a mild victory against the province over the cancellation of the cap-and-trade program when a three judge panel determined the Ford government broke the law by scrapping the program .