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Feds enshrining right to healthy environment but no clarity on what that means

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OTTAWA — More than five years after being told it should enshrine the right to a healthy environment in its environmental protection act, the federal government is moving to do it.

But it wants another two years to figure out exactly what that will mean in practice.

The amendment to the Canadian Environmental Protection Act is one of 87 recommendations to the government made in 2017 when the House of Commons environment committee completed a mandatory review of the act.

In 2018, then-environment minister Catherine McKenna said the government was going to wait until after the 2019 election to bring forward the legislation and would spend the intervening months consulting on the best way to proceed.

It took the government until April 2021 to introduce the change, but that bill died without debate when the 2021 election was called in August. An almost identical bill was reintroduced in the Senate in February.

The Canadian Environmental Protection Act is known colloquially as CEPA (pronounced SEEPA). It’s the legislation that spells out what chemicals can and can’t be used in Canada, and how those that can be toxic must be used and disposed of.

It’s the act that is supposed to protect people from things like asbestos, mercury and lead. It’s what allowed Canada to ban bisphenol A in baby bottles in 2010, and helped reduce mercury emissions in the air and water by more than 60 per cent since 2007.

Most recently, the government added plastic garbage to the list of toxic substances, arguing it poses a risk to human and animal health, which is allowing Ottawa to ban certain kinds of single-use plastics like straws, cutlery and takeout containers.

It is also supposed to give guidance to companies making various chemicals to know how they will be assessed and approved for use.

The new bill updates how those toxic substances are assessed, including a requirement to look for safer alternatives, data on cumulative effects if combined with other substances, and whether they can cause cancer over the long term.

The new bill also adds a sentence guaranteeing that every Canadian has the “right” to a healthy environment and makes it a duty of the government to protect that right.

“This is the first time that this right has been included in a federal statute in Canada,” Environment Minister Steven Guilbeault said at the Senate environment committee Thursday.

But the legislation says the government will have up to two years after the bill takes effect to define how that right will be implemented when it comes to enforcing the act.

Guilbeault said that will guide how the right to a healthy environment will be considered when enforcing CEPA, including the principle of environmental justice, which addresses unfair exposure to harmful substances, often by marginalized communities.

But Nunavut Sen. Dennis Patterson says it is bizarre to be passing a law if the government doesn’t itself know what the law will actually do.

“Should we not understand what this right would confer to Canadians and how to operationalize it?” he asked. “Otherwise, I believe we’re needlessly injecting uncertainty into every process that relies on CEPA for clarity and certainty.”

Guilbeault said any lawmaker knows you can’t define a legal element in regulation until that element exists.

Canadian environmental lawyer David Boyd, the United Nations special rapporteur on human rights and the environment, said more than 100 countries already have a legal right to a healthy environment and it’s not complicated to define.

“It means people have a right to breathe clean air, they have a right to a safe and sufficient supply of water, to healthy and sustainably produced food, to healthy ecosystems and biodiversity, and non-toxic environments where people can live, work, study and play, and a safe climate.”

He said it also should mean people can get access to information on their environment, participate in the process to make decisions about their environment, and have legal recourse if they feel that right is threatened or violated.

Boyd said the law would be much stronger if it spelled out what recourse they have if they feel the government isn’t upholding its duty to protect their right to a healthy environment.

And he wishes Canada would do what most other countries have done and make it a constitutional right, though he acknowledges that is itself a toxic can of worms.

Guilbeault said the government has no intention of opening up that can for this.

This report by The Canadian Press was first published April 28, 2022.

 

Mia Rabson, The Canadian Press

 

 

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Alaska man charged with sending graphic threats to kill Supreme Court justices

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WASHINGTON (AP) — An Alaska man accused of sending graphic threats to injure and kill six Supreme Court justices and some of their family members has been indicted on federal charges, authorities said Thursday.

Panos Anastasiou, 76, is accused of sending more than 465 messages through a public court website, including graphic threats of assassination and torture coupled with racist and homophobic rhetoric.

The indictment does not specify which justices Anastasiou targeted, but Attorney General Merrick Garland said he made the graphic threats as retaliation for decisions he disagreed with.

“Our democracy depends on the ability of public officials to do their jobs without fearing for their lives or the safety of their families,” he said.

Anastasiou has been indicted on 22 counts, including nine counts of making threats against a federal judge and 13 counts of making threats in interstate commerce.

He was released from detention late Thursday by a federal magistrate in Anchorage with a a list of conditions, including that he not directly or indirectly contact any of the six Supreme Court justices he allegedly threatened or any of their family members.

During the hearing that lasted more than hour, Magistrate Kyle Reardon noted some of the messages Anastasiou allegedly sent between March 2023 and mid-July 2024, including calling for the assassination of two of the Republican-appointed Supreme Court justices so the current Democratic president could appoint their successors.

Instead of toning down his rhetoric after receiving a visit from FBI agents last year, Anastasiou increased the frequency of his messages and their vitriolic language, Reardon said.

Gray-haired and shackled at the ankles above his salmon-colored plastic slippers, Anastasiou wore a yellow prison outfit with ACC printed in black on the back, the initials for the Anchorage Correctional Facility, at the hearing. Born in Greece, he moved to Anchorage 67 years ago. Reardon allowed him to contact his elected officials on other matters like global warming, but said the messages must be reviewed by his lawyers.

Defense attorney Jane Imholte noted Anastasiou is a Vietnam veteran who is undergoing treatment for throat cancer and has no financial means other than his Social Security benefits.

She told the judge that Anastaiou, who signed his own name to the emails, worried about his pets while being detained. She said he only wanted to return home to care for his dogs, Freddie, Buddy and Cutie Pie.

He faces a maximum of 10 years in prison for each count of making threats against a federal judge and up to five years for each count of making threats in interstate commerce if convicted.

Threats targeting federal judges overall have more than doubled in recent years amid a surge of similar violent messages directed at public officials around the country, the U.S. Marshals Service previously said.

In 2022, shortly after the leak of a draft opinion overturning Roe v. Wade, a man was stopped near the home of Justice Brett Kavanaugh with weapons and zip ties.

___

Thiessen reported from Anchorage, Alaska.

The Canadian Press. All rights reserved.



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An iconic Churchill photo stolen in Canada and found in Italy is ready to return

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ROME (AP) — Canadian and Italian dignitaries on Thursday marked the successful recovery of a photo portrait of Winston Churchill known as “The Roaring Lion,” stolen in Canada and recovered in Italy after a two-year search by police.

At a ceremony at the Canadian Embassy in Rome, Italian carabinieri police handed over the portrait to the Canadian ambassador to Italy, Elissa Goldberg, who praised the cooperation between Italian and Canadian investigators that led to the recovery.

The 1941 portrait of the British leader taken by Ottawa photographer Yousuf Karsh is now ready for the last step of its journey home to the Fairmont Château Laurier, the hotel in Ottawa where it was stolen and will once again be displayed as a notable historic portrait.

Canadian police said the portrait was stolen from the hotel sometime between Christmas 2021 and Jan. 6, 2022, and replaced with a forgery. The swap was only uncovered months later, in August, when a hotel worker noticed the frame was not hung properly and looked different than the others.

Nicola Cassinelli, a lawyer in Genoa, Italy, purchased the portrait in May 2022 at an online Sotheby’s auction for 5,292 British pounds. He says he got a phone call from the auction house that October advising him not to sell or otherwise transfer the portrait due to an investigation into the Ottawa theft.

Cassinelli, who attended Thursday’s ceremony, said he thought he was buying a regular print and quickly agreed to send the iconic Churchill photograph home when he learned its true story.

“I immediately decided to return it to the Chateau Laurier, because I think that if Karsh donated it to the hotel, it means he really wanted it to stay there, for the particular significance this hotel had for him, and for his wife too,” Cassinelli told The Associated Press.

The famous image was taken by Karsh during Churchill’s wartime visit to the Canadian Parliament in December 1941. It helped launch Karsh’s career, who photographed some of the 20th century’s most famed icons, including Nelson Mandela, Albert Einstein and Queen Elizabeth.

Karsh and his wife Estrellita gifted an original signed print to the Fairmont Chateau Laurier in 1998. The couple had lived and operated a studio inside the hotel for nearly two decades.

Geneviève Dumas, general manager of the Fairmont Château Laurier, said on Thursday she felt immensely grateful.

“I would like to extend my deepest gratitude to everybody involved in solving this case, and ensuring the safe return of this priceless piece of history.”

Police arrested a 43-year-old man from Powassan, Ontario, in April and have charged him with stealing and trafficking the portrait. The man, whose name is protected by a publication ban, faces charges that include forgery, theft over $5,000 and trafficking in property obtained by crime exceeding $5,000.

The Canadian Press. All rights reserved.



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Mexican president blames the US for bloodshed in Sinaloa as cartel violence surges

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CULIACAN, Mexico (AP) — Mexican President Andrés Manuel López Obrador blamed the United States in part on Thursday for the surge in cartel violence terrorizing the northern state of Sinaloa which has left at least 30 people dead in the past week.

Two warring factions of the Sinaloa cartel have clashed in the state capital of Culiacan in what appears to be a fight for power since two of its leaders were arrested in the United States in late July. Teams of gunmen have shot at each other and the security forces.

Meanwhile, dead bodies continued to pop up around the city. On one busy street corner, cars drove by pools of the blood leading to a body in a car mechanic shop, while heavily armed police in black masks loaded up another body stretched out on a side street of the Sinaloan city.

Asked at his morning briefing if the U.S. government was “jointly responsible” for this violence in Sinaloa, the president said, “Yes, of course … for having carried out this operation.”

The recent surge in cartel warfare had been expected after Joaquín Guzmán López, a son of former Sinaloa cartel leader Joaquín “El Chapo” Guzmán, landed near El Paso, Texas on July 25 in a small plane with Ismael “El Mayo” Zambada.

Zambada was the cartel’s elder figure and reclusive leader. After his arrest, he said in a letter circulated by his lawyer that he had been abducted by the younger Guzmán and taken to the U.S. against his will.

On Thursday afternoon, another military operation covered the north of Culiacan with military and circling helicopters.

Traffic was heavy in Culiacan and most schools were open, even though parents were still not sending their children to classes. Businesses continue to close early and few people venture out after dark. While the city has slowly reopened and soldiers patrol the streets, many families continue to hide away, with parents and teachers fearing they’ll be caught in the crossfire.

“Where is the security for our children, for ourselves too, for all citizens? It’s so dangerous here, you don’t want to go outside,” one Culiacan mother told the Associated Press.

The mother, who didn’t want to share her name out of fear of the cartels, said that while some schools have recently reopened, she hasn’t allowed her daughter to go for two weeks. She said she was scared to do so after armed men stopped a taxi they were traveling in on their way home, terrifying her child.

During his morning press briefing, López Obrador had claimed American authorities “carried out that operation” to capture Zambada and that “it was totally illegal, and agents from the Department of Justice were waiting for Mr. Mayo.”

“If we are now facing instability and clashes in Sinaloa, it is because they (the American government) made that decision,” he said.

He added that there “cannot be a cooperative relationship if they take unilateral decisions” like this. Mexican prosecutors have said they were considering bringing treason charges against those involved in the plan to nab Zambada.

He was echoed by President-elect Claudia Sheinbaum, who said later in the day that “we can never accept that there is no communication or collaboration.”

It’s the latest escalation of tensions in the U.S.-Mexico relationship. Last month, the Mexican president said he was putting relations with the U.S. and Canadian embassies “on pause” after ambassadors criticized his controversial plan to overhaul Mexico’s judiciary by requiring all judges to stand for election.

Still, the Zambada capture has fueled criticisms of López Obrador, who has throughout his administration refused to confront cartels in a strategy he refers to as “hugs not bullets.” On previous occasions, he falsely stated that cartels respect Mexican citizens and largely fight amongst themselves.

While the president, who is set to leave office at the end of the month, has promised his plan would reduce cartel violence, such clashes continue to plague Mexico. Cartels employ an increasing array of tactics, including roadside bombs or IEDs, trenches, home-made armored vehicles and bomb-dropping drones.

Last week, López Obrador publicly asked Sinaloa’s warring factions to act “responsibly” and noted that he believed the cartels would listen to him.

But the bloodshed has only continued.

The Canadian Press. All rights reserved.



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