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Federal court judge rules in favour of Acho Dene Koe First Nation member’s complaint about election delay

A federal court judge has ruled that the N.W.T. Acho Dene Koe First Nation chief and council overstepped their powers when they extended their term of office last year. The judgment could have ramifications for other First Nations whose elections were postponed or cancelled in light of the COVID-19 pandemic. The Acho Dene Koe First Nation government offices are in Fort Liard, N.W.T., where most of its 550 or so members also live. The First Nation is not governed by Indian Act regulations around the election of chief and council. Through a series of resolutions passed by the Acho Dene Koe First Nation between April 20 and Dec. 7, 2020, a regular election for chief and council scheduled for June 8, 2020 was postponed until April 14, 2021, and then later to April 21 after an outbreak of COVID-19 in the community of Fort Liard, N.W.T. Regulations authorized deferral, chief and council say Chief and council justified the deferral of the election — and the extension of their terms of office — by saying they were able to do so according to their own customs, and that they were authorized to do so under the First Nations Election Cancellation and Postponement Regulations which came into force on April 8, 2020. That temporary regulatory option under the Indian Act and the First Nations Election Act was introduced by the federal government to protect the health of First Nations communities during the pandemic. In a statement at the time, Minister of Indigenous Services Marc Miller said, “We have recommended that First Nations with upcoming elections not proceed with elections at this time, due to the current public health risks associated with large gatherings.” The regulations, Miller stated, allowed “First Nations leaders to continue exercising their roles and duties within their communities for up to six months, with a potential extension for an additional six months, as they focus on keeping their communities safe in the face of COVID-19.” Federal Court Justice Sébastien Grammond acknowledged in his April 1 ruling that those regulations allowed First Nations whose elections are governed by the Indian Act and the First Nations Elections act, to “cancel or postpone elections and to extend the term of their council” in light of the public health emergency. The council of Acho Dene Koe First Nation did not have the power to extend its own term of office. – Federal Court Justice Sébastien Grammond Section 4 of those regulations allow for a First Nation governed by its own custom election code, such as the Acho Dene Koe First Nation, to do the same “if it is necessary to prevent, mitigate or control the spread of diseases on its reserve, even if custom does not provide for such a situation.” Legal challenge claimed section of regulations invalid But on Oct. 22, 2020, Acho Dene Koe First Nation member and former chief Floyd Bertrand filed a legal challenge to chief and council’s decision to postpone the election, arguing, among other things, that the regulations outlined in Section 4 are invalid, and that Acho Dene Koe election customs do not allow chief and council to extend their terms, or to postpone an election. Justice Grammond agreed with Bertrand on both counts. “Acho Dene Koe’s customary law requires elections to take place every three years and does not authorize the council to extend its own term of office,” Grammond wrote. “The council of Acho Dene Koe First Nation did not have the power to extend its own term of office.” In reaching this conclusion, Grammond considered and rejected arguments made by the First Nation in support of its authority to extend terms of office. Among those arguments was the notion that under principles of self-government, the Acho Dene Koe were within their rights to be flexible on election customs. But Grammond wrote that “self-government does not translate into unlimited powers for First Nations councils.” “Rather, where First Nations have not enacted positivistic laws, self-government manifests itself through the broad consensus of the community.” Fort Liard, N.W.T., is the base for Acho Dene Koe First Nation.(Alex Brockman/CBC) Grammond cited the three-year term of the previous four elections in the community as evidence for a three-year term being the Acho Dene Koe custom. Grammond found no evidence of broad community support for the idea that council could extend its term of office without an election. “Any assertion of ‘flexibility’ or an open-ended power to extend the term of office must be tested against what we know of the community’s views…. Acho Dene Koe members expect to have the opportunity to choose their leaders at fixed intervals,” Grammond wrote. “For more than a decade, the interval has been three years.” Section 4 of regulations invalid: Justice After concluding Acho Dene Koe customs do not allow for council to extend its term of office, Grammond considered arguments around the notion that the First Nation was authorized under Section 4 of the First Nations Election Cancellation and Postponement Regulations to make the extension in light of the COVID-19 pandemic. After reviewing case law, Justice Grammond concluded that the federal cabinet overstepped its powers under the Indian Act when it enacted the regulations, and that Section 4 of the regulations — Elections According to Custom — is invalid, regardless of how well-intended the regulations or their application may be. Grammond wrote that despite the government’s intention to fight the pandemic by allowing First Nations to cancel or postpone elections, it did not have the right to do so under the Indian Act. Fixed or maximum terms of office are crucial components of democracy. – Federal Court Justice Sébastien Grammond “In a nutshell, the government is asking me to tolerate an invalid exercise of power because it was done for a good reason,” Grammond wrote. “This is simply incompatible with the rule of law, which requires that every exercise of state power find its source in legal rule … Going down that road would involve courts in giving their blessing, after the fact, to unlawful government action based on its desirability from a policy perspective.” By ruling Section 4 invalid, Justice Grammond did not have to consider other objections raised by Bertrand regarding the application of the regulations in Fort Liard. In his judgment, Grammond noted that “for members of the many First Nations who have chosen to select their leaders by democratic means, the ability to vote is a fundamental interest…. Fixed or maximum terms of office are crucial components of democracy.” In his decision, Grammond ruled that with elections in Fort Liard among Acho Dene Koe members expected shortly, there was no need to quash the original decision to extend the term of council’s office. Other First Nation members may have been deprived of right to vote Grammond wrote that, despite the close proximity of the election to his ruling, which could be understood to render the need for a ruling moot, he took on the case for its other merits. First, Grammond wrote that the case would “clarify important issues with respect to the effect of the COVID-19 pandemic on First Nation’s electoral processes” in the context of the validity of the First Nations Election Cancellation and Postponement Regulations. Second, Grammond wrote that the case clarified the Acho Dene Koe First Nation’s right to postpone elections in the future, if the regulations in question are renewed. Grammond wrote that he was asked by the attorney general to suspend his decision on the invalidity of the regulations for 90 days, while Bertrand asked for any suspension to not exceed 30 days. “I am sensitive to the implications of this judgment not only on the federal government, but also on First Nations that may have availed themselves of the powers granted by the Regulations and will have to hold elections on short notice,” Grammond wrote. “On the other hand, I cannot ignore the fact that members of such First Nations have been illegally deprived of the opportunity to vote for the selection of their leaders.” Grammond suspended the declaration of invalidity for 60 days, as of April 1.

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Here is how to prepare your online accounts for when you die

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2 weeks ago

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October 24, 2024

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LONDON (AP) — Most people have accumulated a pile of data — selfies, emails, videos and more — on their social media and digital accounts over their lifetimes. What happens to it when we die?

It’s wise to draft a will spelling out who inherits your physical assets after you’re gone, but don’t forget to take care of your digital estate too. Friends and family might treasure files and posts you’ve left behind, but they could get lost in digital purgatory after you pass away unless you take some simple steps.

Here’s how you can prepare your digital life for your survivors:

Apple

The iPhone maker lets you nominate a “ legacy contact ” who can access your Apple account’s data after you die. The company says it’s a secure way to give trusted people access to photos, files and messages. To set it up you’ll need an Apple device with a fairly recent operating system — iPhones and iPads need iOS or iPadOS 15.2 and MacBooks needs macOS Monterey 12.1.

For iPhones, go to settings, tap Sign-in & Security and then Legacy Contact. You can name one or more people, and they don’t need an Apple ID or device.

You’ll have to share an access key with your contact. It can be a digital version sent electronically, or you can print a copy or save it as a screenshot or PDF.

Take note that there are some types of files you won’t be able to pass on — including digital rights-protected music, movies and passwords stored in Apple’s password manager. Legacy contacts can only access a deceased user’s account for three years before Apple deletes the account.

Google

Google takes a different approach with its Inactive Account Manager, which allows you to share your data with someone if it notices that you’ve stopped using your account.

When setting it up, you need to decide how long Google should wait — from three to 18 months — before considering your account inactive. Once that time is up, Google can notify up to 10 people.

You can write a message informing them you’ve stopped using the account, and, optionally, include a link to download your data. You can choose what types of data they can access — including emails, photos, calendar entries and YouTube videos.

There’s also an option to automatically delete your account after three months of inactivity, so your contacts will have to download any data before that deadline.

Facebook and Instagram

Some social media platforms can preserve accounts for people who have died so that friends and family can honor their memories.

When users of Facebook or Instagram die, parent company Meta says it can memorialize the account if it gets a “valid request” from a friend or family member. Requests can be submitted through an online form.

The social media company strongly recommends Facebook users add a legacy contact to look after their memorial accounts. Legacy contacts can do things like respond to new friend requests and update pinned posts, but they can’t read private messages or remove or alter previous posts. You can only choose one person, who also has to have a Facebook account.

You can also ask Facebook or Instagram to delete a deceased user’s account if you’re a close family member or an executor. You’ll need to send in documents like a death certificate.

TikTok

The video-sharing platform says that if a user has died, people can submit a request to memorialize the account through the settings menu. Go to the Report a Problem section, then Account and profile, then Manage account, where you can report a deceased user.

Once an account has been memorialized, it will be labeled “Remembering.” No one will be able to log into the account, which prevents anyone from editing the profile or using the account to post new content or send messages.

X

It’s not possible to nominate a legacy contact on Elon Musk’s social media site. But family members or an authorized person can submit a request to deactivate a deceased user’s account.

Passwords

Besides the major online services, you’ll probably have dozens if not hundreds of other digital accounts that your survivors might need to access. You could just write all your login credentials down in a notebook and put it somewhere safe. But making a physical copy presents its own vulnerabilities. What if you lose track of it? What if someone finds it?

Instead, consider a password manager that has an emergency access feature. Password managers are digital vaults that you can use to store all your credentials. Some, like Keeper,Bitwarden and NordPass, allow users to nominate one or more trusted contacts who can access their keys in case of an emergency such as a death.

But there are a few catches: Those contacts also need to use the same password manager and you might have to pay for the service.

___

Is there a tech challenge you need help figuring out? Write to us at onetechtip@ap.org with your questions.

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Google’s partnership with AI startup Anthropic faces a UK competition investigation

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2 weeks ago

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October 24, 2024

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LONDON (AP) — Britain’s competition watchdog said Thursday it’s opening a formal investigation into Google’s partnership with artificial intelligence startup Anthropic.

The Competition and Markets Authority said it has “sufficient information” to launch an initial probe after it sought input earlier this year on whether the deal would stifle competition.

The CMA has until Dec. 19 to decide whether to approve the deal or escalate its investigation.

“Google is committed to building the most open and innovative AI ecosystem in the world,” the company said. “Anthropic is free to use multiple cloud providers and does, and we don’t demand exclusive tech rights.”

San Francisco-based Anthropic was founded in 2021 by siblings Dario and Daniela Amodei, who previously worked at ChatGPT maker OpenAI. The company has focused on increasing the safety and reliability of AI models. Google reportedly agreed last year to make a multibillion-dollar investment in Anthropic, which has a popular chatbot named Claude.

Anthropic said it’s cooperating with the regulator and will provide “the complete picture about Google’s investment and our commercial collaboration.”

“We are an independent company and none of our strategic partnerships or investor relationships diminish the independence of our corporate governance or our freedom to partner with others,” it said in a statement.

The U.K. regulator has been scrutinizing a raft of AI deals as investment money floods into the industry to capitalize on the artificial intelligence boom. Last month it cleared Anthropic’s $4 billion deal with Amazon and it has also signed off on Microsoft’s deals with two other AI startups, Inflection and Mistral.

The Canadian Press. All rights reserved.

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Kuwait bans ‘Call of Duty: Black Ops 6’ video game, likely over it featuring Saddam Hussein in 1990s

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October 23, 2024

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DUBAI, United Arab Emirates (AP) — The tiny Mideast nation of Kuwait has banned the release of the video game “Call of Duty: Black Ops 6,” which features the late Iraqi dictator Saddam Hussein and is set in part in the 1990s Gulf War.

Kuwait has not publicly acknowledged banning the game, which is a tentpole product for the Microsoft-owned developer Activision and is set to be released on Friday worldwide. However, it comes as Kuwait still wrestles with the aftermath of the invasion and as video game makers more broadly deal with addressing historical and cultural issues in their work.

The video game, a first-person shooter, follows CIA operators fighting at times in the United States and also in the Middle East. Game-play trailers for the game show burning oilfields, a painful reminder for Kuwaitis who saw Iraqis set fire to the fields, causing vast ecological and economic damage. Iraqi troops damaged or set fire to over 700 wells.

There also are images of Saddam and Iraq’s old three-star flag in the footage released by developers ahead of the game’s launch. The game’s multiplayer section, a popular feature of the series, includes what appears to be a desert shootout in Kuwait called Scud after the Soviet missiles Saddam fired in the war. Another is called Babylon, after the ancient city in Iraq.

Activision acknowledged in a statement that the game “has not been approved for release in Kuwait,” but did not elaborate.

“All pre-orders in Kuwait will be cancelled and refunded to the original point of purchase,” the company said. “We remain hopeful that local authorities will reconsider, and allow players in Kuwait to enjoy this all-new experience in the Black Ops series.”

Kuwait’s Media Ministry did not respond to requests for comment from The Associated Press over the decision.

“Call of Duty,” which first began in 2003 as a first-person shooter set in World War II, has expanded into an empire worth billions of dollars now owned by Microsoft. But it also has been controversial as its gameplay entered the realm of geopolitics. China and Russia both banned chapters in the franchise. In 2009, an entry in the gaming franchise allowed players to take part in a militant attack at a Russian airport, killing civilians.

But there have been other games recently that won praise for their handling of the Mideast. Ubisoft’s “Assassin’s Creed: Mirage” published last year won praise for its portrayal of Baghdad during the Islamic Golden Age in the 9th century.

The Canadian Press. All rights reserved.

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