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A federal regulatory blunder could affect an unknown number of drug cases – CBC News

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Hundreds of drug cases before Canadian courts could be affected by a mistake made by the federal government when it updated Canada’s drug laws and legalized cannabis several years ago, CBC has learned.

The government and police are downplaying the potential impact of the error. They maintain it has not affected any drug investigations and say they are not aware of it affecting any cases before the courts.

At the heart of the problem are regulations designed to protect police officers who are required to commit crimes in the course of undercover investigations. Exemptions were adopted in the late 1990s to protect police from criminal liability when they are required to do things like buy or sell drugs as part of an investigation.

But when the Liberal government updated the Controlled Drugs and Substances Act in 2017 and then legalized cannabis in 2018, it failed to update those regulations.

As a result, during the period from 2017 to just a few weeks ago — when the government moved to correct its mistake — undercover police officers across Canada weren’t legally protected from criminal liability for some things they might have been called upon to do as part of an investigation.

In a notice published in the Canada Gazette on Aug. 3, the government warned that new regulations had to be adopted because the error “may jeopardize law enforcement operations and the successful prosecution of criminal offences committed under these Acts.”

“In light of the missing exemptions, a number of criminal investigations involving Canadian citizens or Canadian companies operating on Canadian soil could not be conducted by the RCMP,” the government wrote.

Police activities put on hold by error

It said police investigation activities affected by the oversight “may have occurred in the past but are not currently being performed and will not be performed in the absence of the regulatory proposal.”

The notice said drug investigations were still being carried out.

“However, law enforcement members working undercover cannot provide anything related to the possession, production, selling or importing of anything intended to be used to traffic in controlled substances (eg: encrypted cell phones, cars with hidden compartments, or a pill press) to further their investigations as this would result in potential criminal liability,” the government wrote.

“Nothing currently prevents law enforcement from bringing drug-related cases to trial. However, the quality of evidence that can be obtained is limited by the inability to use these additional tools that would afford the best evidence.”

The regulations proposed to fix the mistake also would help Canadian police officers work with police in other countries that don’t face the same limitation, the government added.

The updated regulations are now in effect.

‘No negative implications’ for court cases: government

According to Statistics Canada, 143,892 people were charged with various drug-related offences between 2018 and 2021. 

It is not known how many of those cases may have involved undercover police officers committing offences in the course of an investigation — offences which would have been affected by the government’s error. It is also not known whether any of those charges resulted from undercover police investigations that took place before the oversight was discovered.

Nic Defalco, spokesperson for Public Safety Canada, said the problem was identified “during the course of the Public Prosecution Service of Canada (PPSC) regular engagement on police investigations” and has “not had negative implications for drug investigation cases before the courts.”

The PPSC refuses to say when the error was identified or how it came about.

Lawyer Jack Lloyd, who specializes in drug cases, said the legal community hadn’t been aware of the federal government’s mistake. He said it could affect a lot of cases investigated during that period.

“Hundreds, if not thousands of cases … I have dozens,” said Lloyd.

Error could lead to lighter sentences: lawyer

Lloyd said the error could complicate cases for Crown prosecutors and likely will be used by defence lawyers to get their clients better deals.

“It’s a pretty serious problem and so they’re going to be motivated to resolve things in a manner that all parties can agree to,” Lloyd said. “And so that may involve no jail, that may involve no criminal record, things of this nature.”

Lawyer Jack Lloyd says the government’s mistake could affect hundreds or thousands of drug cases before the courts. (Martin Trainor/CBC)

Eugene Oscapella, a professor at the University of Ottawa and an expert on drug legislation, said some defence lawyers may try to use the government’s mistake to get cases thrown out.

“I suspect that some defence lawyers will try to use it to get the case thrown out as an abuse of process. But I don’t think they’ll be all that successful,” he said. “I think what may happen is … [judges] may just ship it back to the trial court to rehear the case.”

University of Ottawa professor Eugene Oscapella says defence lawyers may try to get drug charges thrown out because of the government’s mistake but he’s not convinced they would succeed. (Radio-Canada)

Rachel Huggins, deputy director of the Ontario Provincial Police and co-chair of the Canadian Association of Chiefs of Police Drug Advisory Committee, said she doesn’t think the federal government’s mistake will have much of an impact because the investigative techniques affected by the error are only some of the techniques open to police.

“Police officers have (many) tools and investigative techniques, not just one,” she said. “So there was very little impact of this unintended omission and, in fact, I think it’s beneficial that it was recognized that there was this omission and that now it’s addressed in the police enforcement regulations.”

RCMP spokesperson Camille Boily-Lavoie said the force “is not aware of any prosecutions impacted by the language of the former regulations.”

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NASA astronauts won’t say which one of them got sick after almost eight months in space

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CAPE CANAVERAL, Fla. (AP) — Three NASA astronauts whose prolonged space station mission ended with a trip to the hospital last month declined to say Friday which one of them was sick.

Astronauts Matthew Dominick, Michael Barratt and Jeanette Epps publicly discussed their spaceflight for the first time since returning from the International Space Station on Oct. 25. They spent nearly eight months in orbit, longer than expected because of all the trouble with Boeing’s Starliner crew capsule and rough weather, including Hurricane Milton.

Soon after their SpaceX capsule splashed down in the Gulf of Mexico off the Florida coast, the three were taken to a hospital in nearby Pensacola along with Russian cosmonaut Alexander Grebenkin, who launched with them back in March.

One of the Americans ended up spending the night there for an undisclosed “medical issue.” NASA declined to say who was hospitalized or why, citing medical privacy.

When asked at Friday’s news conference which one had been sick, the astronauts refused to comment. Barratt, a doctor who specializes in space medicine, declined to even describe the symptoms that the unidentified astronaut had.

“Spaceflight is still something we don’t fully understand. We’re finding things that we don’t expect sometimes. This was one of those times and we’re still piecing things together on this,” said Barratt, the only member of the crew who had flown in space before.

Epps said everyone is different in how they respond to space — and gravity.

“That’s the part that you can’t predict,” she said, adding, “Every day is better than the day before.”

Dominick said little things like sitting comfortably in a hard chair took several days to get used to once he returned. He said he didn’t use the treadmill at all during his time in space, as part of an experiment to see what equipment might be pared on a long trip to Mars. The first time he walked was when he got out of the capsule.

The two astronauts who served as test pilots for Boeing’s Starliner — Butch Wilmore and Suni Williams — will remain at the space station until February, flying back with SpaceX. Starliner returned empty in September.

___

The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute’s Science and Educational Media Group. The AP is solely responsible for all content.

The Canadian Press. All rights reserved.



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43 monkeys remain on the run from South Carolina lab. CEO thinks they’re having an adventure

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COLUMBIA, S.C. (AP) — Forty-three monkeys bred for medical research that escaped a compound in South Carolina have been spotted in the woods near the site and workers are using food to try to recapture them, authorities said Friday.

The Rhesus macaques made a break for it Wednesday after an employee at the Alpha Genesis facility in Yemassee didn’t fully lock a door as she fed and checked on them, officials said.

“They are very social monkeys and they travel in groups, so when the first couple go out the door the others tend to just follow right along,” Alpha Genesis CEO Greg Westergaard told CBS News.

Westergaard said his main goal is to have the monkeys returned safely with no other problems. “I think they are having an adventure,” he said.

The monkeys on Friday were exploring the outer fence of the Alpha Genesis compound and are cooing at the monkeys inside, police said in a statement.

“The primates are exhibiting calm and playful behavior, which is a positive indication,” the police statement said, adding company workers are closely watching the monkeys while keeping their distance as they work to safely recapture them.

The monkeys are about the size of a cat. They are all females weighing about 7 pounds (3 kilograms).

Alpha Genesis, federal health officials and police all said the monkeys pose no risk to public health. The facility breeds the monkeys to sell to medical and other researchers.

“They are not infected with any disease whatsoever. They are harmless and a little skittish,” Yemassee Police Chief Gregory Alexander said Thursday.

Authorities still recommend that people who live near the compound about 1 mile (1.6 kilometers) from downtown Yemassee shut their windows and doors and call 911 if they see the monkeys. Approaching them could make them more skittish and harder to capture, officials said.

Eve Cooper, a biology professor at the University of Colorado Boulder who has studied rhesus macaques, said the animals have the potential to be dangerous and urged people to keep their distance.

Rhesus macaques monkeys can be aggressive. And some carry the herpes B virus, which can be fatal to humans, Cooper said.

However, Alpha Genesis states on its website that it specializes in pathogen-free primates. Cooper noted that there are pathogen-free populations of rhesus macaques that have been quarantined and tested.

“I would give them a wide berth,” Cooper said. “They’re unpredictable animals. And they can behave quite aggressively when they’re afraid.”

Alpha Genesis provides primates for research worldwide at its compound about 50 miles (80 kilometers) northeast of Savannah, Georgia, according to its website.

Locally, it is known as “the monkey farm.” And there is more amusement than panic around Yemassee and its population of about 1,100 just off Interstate 95 about 2 miles from Auldbrass Plantation, a Frank Lloyd Wright house designed in the 1930s.

There have been escapes before, but the monkeys haven’t caused problems, said William McCoy, who owns Lowcountry Horology, a clock and watch repair shop.

“They normally come home because that’s where the food is,” he said.

McCoy has lived in Yemassee for about two years and while he plans to stay away from the monkeys, he has his own light-hearted plan to get them back.

“I’m stocking up bananas, maybe they’ll show up,” McCoy said.

The Alpha Genesis compound is regularly inspected by federal officials.

In 2018, the U.S. Department of Agriculture fined Alpha Genesis $12,600 in part after officials said 26 primates escaped from the Yemassee facility in 2014 and an additional 19 got out in 2016.

The company’s fine was also issued because of individual monkey escapes as well as the killing of one monkey by others when it was placed in the wrong social group, according to a report from the USDA.

The group Stop Animal Exploitation Now sent a letter Thursday to the USDA asking the agency to immediately send an inspector to the Alpha Genesis facility, conduct a thorough investigation and treat them as a repeated violator. The group was involved in the 2018 fine against the company.

“The clear carelessness which allowed these 40 monkeys to escape endangered not only the safety of the animals, but also put the residents of South Carolina at risk,” wrote Michael Budkie, executive director of the group.

The USDA, which has inspected the compound 10 times since 2020, didn’t immediately respond to the letter.

The facility’s most recent federal inspection in May showed there were about 6,700 primates on site and no issues.

In a 2022 review, federal veterinarians reported two animals died when their fingers were trapped in structures and they were exposed to harsh weather. They also found cages weren’t adequately secure. Inspectors said criminal charges, civil penalties or other sanctions could follow if the problems weren’t fixed.

Since then, Alpha Genesis has undergone six inspections with minor problems reported only once.

In January 2023, the USDA said temperatures were out of the 45 to 85 degree Fahrenheit (7.2 to 29.5 degree Celsius) required range at some of the compound’s monkey cages. The inspection found moldy food in one bin, sharp edges on a gate that could cut an animal and sludge, food waste, used medical supplies, mechanical equipment, and general construction debris on the grounds.

Supporters of medical research involving nonhuman primates said they are critical to lifesaving medical advances like creating vaccines against COVID-19 because of their similarities to people. Keeping a domestic supply of the animals is critical to prevent shortages for U.S. researchers.

Humans have been using the rhesus macaque for scientific research since the late 1800s. Scientists believe that rhesus macaques and humans split from a common ancestor about 25 million years ago and share about 93% of the same DNA.

These monkeys have been launched into space on V2 rockets, used for AIDS research, had their genome mapped and made stars of their own reality television show. They were in such high demand in the early 2000s that a shortage led to scientists paying up to $10,000 per animal.

Outside of rats and mice, rhesus macaques are one of the most studied animals on the planet, said Dario Maestripieri, a behavioral scientist at the University of Chicago who wrote the 2007 book “Macachiavellian Intelligence: How Rhesus Macaques and Humans Have Conquered the World.”

The animals are very family oriented, siding with relatives when fights break out. And they’re adept at building political alliances in the face of threats from other monkeys. But they can be painful to watch. Monkeys with lower status in the hierarchy live in a constant state of fear and intimidation, Maestripieri said.

“In some ways, they kind of represent some of the worst aspects of human nature,” Maestripieri said.

___

Lovan reported from Louisville, Kentucky, and Finley reported from Norfolk, Virginia.



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Freeland says she’s ready to deal with Trump |

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Finance Minister Chrystia Freeland speaks with reporters after chairing a special cabinet committee working on Canada’s plan to deal with the incoming Donald Trump administration. Freeland says she’s stood up for Canadian interests in the past and is ready to go another round. (Nov. 8, 2024)



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