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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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STD epidemic slows as new syphilis and gonorrhea cases fall in US

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NEW YORK (AP) — The U.S. syphilis epidemic slowed dramatically last year, gonorrhea cases fell and chlamydia cases remained below prepandemic levels, according to federal data released Tuesday.

The numbers represented some good news about sexually transmitted diseases, which experienced some alarming increases in past years due to declining condom use, inadequate sex education, and reduced testing and treatment when the COVID-19 pandemic hit.

Last year, cases of the most infectious stages of syphilis fell 10% from the year before — the first substantial decline in more than two decades. Gonorrhea cases dropped 7%, marking a second straight year of decline and bringing the number below what it was in 2019.

“I’m encouraged, and it’s been a long time since I felt that way” about the nation’s epidemic of sexually transmitted infections, said the CDC’s Dr. Jonathan Mermin. “Something is working.”

More than 2.4 million cases of syphilis, gonorrhea and chlamydia were diagnosed and reported last year — 1.6 million cases of chlamydia, 600,000 of gonorrhea, and more than 209,000 of syphilis.

Syphilis is a particular concern. For centuries, it was a common but feared infection that could deform the body and end in death. New cases plummeted in the U.S. starting in the 1940s when infection-fighting antibiotics became widely available, and they trended down for a half century after that. By 2002, however, cases began rising again, with men who have sex with other men being disproportionately affected.

The new report found cases of syphilis in their early, most infectious stages dropped 13% among gay and bisexual men. It was the first such drop since the agency began reporting data for that group in the mid-2000s.

However, there was a 12% increase in the rate of cases of unknown- or later-stage syphilis — a reflection of people infected years ago.

Cases of syphilis in newborns, passed on from infected mothers, also rose. There were nearly 4,000 cases, including 279 stillbirths and infant deaths.

“This means pregnant women are not being tested often enough,” said Dr. Jeffrey Klausner, a professor of medicine at the University of Southern California.

What caused some of the STD trends to improve? Several experts say one contributor is the growing use of an antibiotic as a “morning-after pill.” Studies have shown that taking doxycycline within 72 hours of unprotected sex cuts the risk of developing syphilis, gonorrhea and chlamydia.

In June, the CDC started recommending doxycycline as a morning-after pill, specifically for gay and bisexual men and transgender women who recently had an STD diagnosis. But health departments and organizations in some cities had been giving the pills to people for a couple years.

Some experts believe that the 2022 mpox outbreak — which mainly hit gay and bisexual men — may have had a lingering effect on sexual behavior in 2023, or at least on people’s willingness to get tested when strange sores appeared.

Another factor may have been an increase in the number of health workers testing people for infections, doing contact tracing and connecting people to treatment. Congress gave $1.2 billion to expand the workforce over five years, including $600 million to states, cities and territories that get STD prevention funding from CDC.

Last year had the “most activity with that funding throughout the U.S.,” said David Harvey, executive director of the National Coalition of STD Directors.

However, Congress ended the funds early as a part of last year’s debt ceiling deal, cutting off $400 million. Some people already have lost their jobs, said a spokeswoman for Harvey’s organization.

Still, Harvey said he had reasons for optimism, including the growing use of doxycycline and a push for at-home STD test kits.

Also, there are reasons to think the next presidential administration could get behind STD prevention. In 2019, then-President Donald Trump announced a campaign to “eliminate” the U.S. HIV epidemic by 2030. (Federal health officials later clarified that the actual goal was a huge reduction in new infections — fewer than 3,000 a year.)

There were nearly 32,000 new HIV infections in 2022, the CDC estimates. But a boost in public health funding for HIV could also also help bring down other sexually transmitted infections, experts said.

“When the government puts in resources, puts in money, we see declines in STDs,” Klausner said.

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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.

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World’s largest active volcano Mauna Loa showed telltale warning signs before erupting in 2022

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WASHINGTON (AP) — Scientists can’t know precisely when a volcano is about to erupt, but they can sometimes pick up telltale signs.

That happened two years ago with the world’s largest active volcano. About two months before Mauna Loa spewed rivers of glowing orange molten lava, geologists detected small earthquakes nearby and other signs, and they warned residents on Hawaii‘s Big Island.

Now a study of the volcano’s lava confirms their timeline for when the molten rock below was on the move.

“Volcanoes are tricky because we don’t get to watch directly what’s happening inside – we have to look for other signs,” said Erik Klemetti Gonzalez, a volcano expert at Denison University, who was not involved in the study.

Upswelling ground and increased earthquake activity near the volcano resulted from magma rising from lower levels of Earth’s crust to fill chambers beneath the volcano, said Kendra Lynn, a research geologist at the Hawaiian Volcano Observatory and co-author of a new study in Nature Communications.

When pressure was high enough, the magma broke through brittle surface rock and became lava – and the eruption began in late November 2022. Later, researchers collected samples of volcanic rock for analysis.

The chemical makeup of certain crystals within the lava indicated that around 70 days before the eruption, large quantities of molten rock had moved from around 1.9 miles (3 kilometers) to 3 miles (5 kilometers) under the summit to a mile (2 kilometers) or less beneath, the study found. This matched the timeline the geologists had observed with other signs.

The last time Mauna Loa erupted was in 1984. Most of the U.S. volcanoes that scientists consider to be active are found in Hawaii, Alaska and the West Coast.

Worldwide, around 585 volcanoes are considered active.

Scientists can’t predict eruptions, but they can make a “forecast,” said Ben Andrews, who heads the global volcano program at the Smithsonian Institution and who was not involved in the study.

Andrews compared volcano forecasts to weather forecasts – informed “probabilities” that an event will occur. And better data about the past behavior of specific volcanos can help researchers finetune forecasts of future activity, experts say.

(asterisk)We can look for similar patterns in the future and expect that there’s a higher probability of conditions for an eruption happening,” said Klemetti Gonzalez.

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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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Waymo’s robotaxis now open to anyone who wants a driverless ride in Los Angeles

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Waymo on Tuesday opened its robotaxi service to anyone who wants a ride around Los Angeles, marking another milestone in the evolution of self-driving car technology since the company began as a secret project at Google 15 years ago.

The expansion comes eight months after Waymo began offering rides in Los Angeles to a limited group of passengers chosen from a waiting list that had ballooned to more than 300,000 people. Now, anyone with the Waymo One smartphone app will be able to request a ride around an 80-square-mile (129-square-kilometer) territory spanning the second largest U.S. city.

After Waymo received approval from California regulators to charge for rides 15 months ago, the company initially chose to launch its operations in San Francisco before offering a limited service in Los Angeles.

Before deciding to compete against conventional ride-hailing pioneers Uber and Lyft in California, Waymo unleashed its robotaxis in Phoenix in 2020 and has been steadily extending the reach of its service in that Arizona city ever since.

Driverless rides are proving to be more than just a novelty. Waymo says it now transports more than 50,000 weekly passengers in its robotaxis, a volume of business numbers that helped the company recently raise $5.6 billion from its corporate parent Alphabet and a list of other investors that included venture capital firm Andreesen Horowitz and financial management firm T. Rowe Price.

“Our service has matured quickly and our riders are embracing the many benefits of fully autonomous driving,” Waymo co-CEO Tekedra Mawakana said in a blog post.

Despite its inroads, Waymo is still believed to be losing money. Although Alphabet doesn’t disclose Waymo’s financial results, the robotaxi is a major part of an “Other Bets” division that had suffered an operating loss of $3.3 billion through the first nine months of this year, down from a setback of $4.2 billion at the same time last year.

But Waymo has come a long way since Google began working on self-driving cars in 2009 as part of project “Chauffeur.” Since its 2016 spinoff from Google, Waymo has established itself as the clear leader in a robotaxi industry that’s getting more congested.

Electric auto pioneer Tesla is aiming to launch a rival “Cybercab” service by 2026, although its CEO Elon Musk said he hopes the company can get the required regulatory clearances to operate in Texas and California by next year.

Tesla’s projected timeline for competing against Waymo has been met with skepticism because Musk has made unfulfilled promises about the company’s self-driving car technology for nearly a decade.

Meanwhile, Waymo’s robotaxis have driven more than 20 million fully autonomous miles and provided more than 2 million rides to passengers without encountering a serious accident that resulted in its operations being sidelined.

That safety record is a stark contrast to one of its early rivals, Cruise, a robotaxi service owned by General Motors. Cruise’s California license was suspended last year after one of its driverless cars in San Francisco dragged a jaywalking pedestrian who had been struck by a different car driven by a human.

Cruise is now trying to rebound by joining forces with Uber to make some of its services available next year in U.S. cities that still haven’t been announced. But Waymo also has forged a similar alliance with Uber to dispatch its robotaxi in Atlanta and Austin, Texas next year.

Another robotaxi service, Amazon’s Zoox, is hoping to begin offering driverless rides to the general public in Las Vegas at some point next year before also launching in San Francisco.

The Canadian Press. All rights reserved.

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