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Asylum claims in Canada continue to rise despite coronavirus travel restrictions – Globalnews.ca

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The number of asylum claims being filed in Canada continues to rise slightly despite ongoing global travel restrictions.

The latest figures from the Immigration Department show 1,500 claims for refugee status were filed in Canada in June, up from 1,400 in May.

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For the first time since April — the first full month of major travel restrictions designed to slow the spread of COVID-19 — refugee claims were filed at airports. There were also multiple claims at marine ports.

Also slightly on the rise were the number of people stopped by the RCMP trying to cross irregularly into Canada: 32 in June, up from 21 in May.

Currently, Canada is turning back those who show up at unmarked border crossings, one of several measures being taken at the border in response to the pandemic.

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U.N. says number of refugees have doubled in last decade


U.N. says number of refugees have doubled in last decade

How many people will continue to attempt to enter Canada irregularly may change in the coming months, in the wake of a Federal Court decision Wednesday that the Safe Third Country Agreement between Canada and the U.S. violates the charter.

The agreement is the reason just over 3,000 people this year have tried to cross irregularly into Canada in order to file for asylum. Under the deal, they would be turned away at formal border points.

They can still, however, lodge a claim once they are inside Canada.

But Federal Court Justice Ann Marie McDonald said Wednesday that elements of the law underpinning the agreement violate the constitutional guarantee of life, liberty and security.

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Safe Third Country Agreement ruled unconstitutional — here’s what could happen next

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Under the agreement, which took effect in 2004, Canada and the U.S. recognize each other as safe places to seek protection.

That means Canada can turn away those who arrive at land ports of entry along the Canada-U.S. border on the basis they must pursue asylum in the U.S., the country where they first arrived.

In the long-running court case, the applicants, who are citizens of El Salvador, Ethiopia and Syria, arrived at a Canadian land entry port from the U.S. and sought refugee protection but were refused.

They had argued in court that when returning ineligible refugee claimants to the U.S., Canada exposes them to risks in the form of detention and other rights violations.






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Federal parties weigh in on issue of border crossers seeking asylum in Canada


Federal parties weigh in on issue of border crossers seeking asylum in Canada

In her decision, McDonald concluded the consequences ineligible claimants may face upon return to the U.S. are “inconsistent with the spirit and objective” of the refugee agreement and amount to a violation of the rights guaranteed by Section 7 of the charter.

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The judgement, however, was suspended for six months to allow the government to find a solution.

Talks between Canada and the U.S. to update the Safe Third Country Agreement have been underway for a while, and rights advocates in both countries have urged Canada to use the ruling as opportunity to push them forward.

“Human Rights First notes that the Trump administration’s treatment of asylum seekers is now even worse than it was at the time evidence was submitted in this case,” the non-partisan American group said in a statement.

“In light of the court’s decision and this ongoing deterioration, Human Rights First urges the Canadian government to take this opportunity to withdraw from the ‘safe third country’ agreement.”’

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The government can’t sit on its hands and do nothing, said Queen’s University professor and immigration law expert Sharry Aiken.

She said the agreement should be suspended immediately, as the while the court was only dealing with the legality of the deal, it continues to impact refugee claims.

“In my view the Canadian government has a responsibility to act immediately to prevent further violations of our constitution and the international human rights commitments to which Canada has agreed to be bound,” she said.

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“It also means that it would be unconscionable for the government to appeal this ruling and seek a stay of the ruling.”






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Current travel restrictions in place to slow the spread of COVID-19 appear to have placed downward pressure overall on asylum claims.

By the end of June 2019, 26,725 claims were filed, compared with 16,865 asylum claims filed so far this year.

The rise in June of this year was due to an increase in people already in Canada making claims at government offices, as opposed to those requesting asylum immediately upon arrival in Canada.

© 2020 The Canadian Press

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What to know about Transgender Day of Remembrance and violence against trans people

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Wednesday is Transgender Day of Remembrance, which focuses on trans people who have lost their lives because of violence. Here is what to know.

What is Transgender Day of Remembrance?

Transgender Day of Remembrance is marked every Nov. 20 and began in 1999 to honor Rita Hester, a trans woman who was killed in Massachusetts.

The day marks the end of Transgender Awareness Week, which is used to raise public knowledge about transgender people and the issues they face.

The Williams Institute at UCLA Law estimates that 1.6 million people in the U.S. ages 13 and older identify as transgender. And it says transgender people are over four times more likely than cisgender people to be victims of violence, including rape and assault.

Candlelight vigils, memorials and other events are held to mark the day. The Human Rights Campaign also released its annual report on deaths of transgender people in conjunction with the day.

International Transgender Day of Visibility, which is designed to bring attention to transgender people, is commemorated in March.

How many transgender people have lost their lives to violence?

At least 36 transgender people have died from violence in the 12 months since the last Day of Remembrance, the Human Rights Campaign said in its annual report. Since 2013, the organization has recorded the deaths from violence of 372 victims who were transgender and gender-expansive — which refers to someone with a more flexible range of gender identity or expression than typically associated with the binary gender system.

The number of victims is likely higher because many deaths often aren’t reported or are misreported, or misgendering of the victims leads to delays in their identification.

The Human Rights Campaign said there was a slight increase from the previous year, when it identified at least 33 transgender victims of violence.

A large number of the victims tracked over the past year were young or people of color, with Black transgender women making up half of the 36 identified. The youngest victim identified was 14-year-old Pauly Likens of Pennsylvania.

Two-thirds of the fatalities involved a firearm, the organization said. Nearly a third of the victims with a known killer were killed by an intimate partner, a friend or a family member.

What is at stake politically?

This year’s remembrance follows an election where advocates say victories by President-elect Donald Trump and other Republican candidates who focused on issues like transgender athletes dealt a setback to trans people’s rights.

It also follows a wave of measures enacted in Republican states this year restricting the rights of transgender people, especially youth.

Half the states have banned gender-affirming medical care for transgender youth. The U.S. Supreme Court is set to hear arguments next month in a lawsuit challenging Tennessee’s ban.

Advocates say the legislation and rhetoric is creating fewer safe spaces for transgender people, and they worry it could spur more violence against trans people.

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Associated Press writer Jeff McMillan in northeastern Pennsylvania contributed to this report.

The Canadian Press. All rights reserved.



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Faulty fentanyl tests spurred NYC’s push to ban mail on Rikers Island

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NEW YORK (AP) — In 2022, New York City’s jails commissioner, Louis Molina, issued a dire warning to local lawmakers: fentanyl was pouring into Rikers Island through the mail, he said, spurring an overdose crisis among the jail’s detainees and putting guards at risk.

As evidence of the insidious threat, Molina passed around a child’s drawing of a reindeer, one of hundreds of seized items he said had been “literally soaked in the drug and mailed to people in custody.”

But that claim was based on faulty drug-testing kits with a stunning 85% false positive rate, according to a report released Wednesday by the city’s Department of Investigation. The report found the city vastly overstated the prevalence of fentanyl sent by mail to detainees.

When investigators retested 71 pieces of mail initially flagged by field tests as containing fentanyl, only 10 actually showed traces of the drug. The drawing of a reindeer highlighted by Molina was fentanyl-free.

Field tests indicating an influx of fentanyl-laced mail to Rikers Island fueled a yearslong campaign by Mayor Eric Adams’ administration to bar people in city custody from receiving physical mail.

As a replacement, city officials proposed redirecting mail to an offsite vendor, who would then upload it digitally for the incarcerated person to read on a tablet — a practice used in other correctional systems, including New York’s state prisons. So far, the proposal has been blocked by a jail oversight board.

Jocelyn Strauber, the commissioner of the Department of Investigation, said the city should reassess its ongoing effort to bar detainees from receiving mail, given the report’s findings.

“The field tests don’t support a concern that a high rate of fentanyl-laced objects are coming in from the mail,” she told The Associated Press. “To the extent policy determinations are based on flawed data, they ought to be reconsidered.”

Detainee advocates have long contended that drugs primarily enter the jail system via employees, who can easily smuggle them inside and sell them to gang leaders. In recent years, dozens of correction officers have been charged in multiple investigations of smuggling rings on Rikers Island.

In its report, the Department of Investigation said corrections officials had failed to implement many of the department’s previous recommendations aimed at screening staff for contraband.

In an email statement, a Department of Correction spokesperson said the agency would review the report and continue refining its testing processes. “Field tests are a tool used to quickly assess potential threats, and while not perfect, they play an important role in our safety protocols,” the statement said.

Such field tests have gained popularity in recent years alongside a spike in opioid overdose deaths nationwide, allowing law enforcement officials to bypass the lengthy lab process to determine if a substance contains narcotics.

But experts have long raised questions about the strips’ effectiveness. Under federal regulations, manufacturers are required to include language on their packaging indicating that results are preliminary until confirmed by a lab — something that rarely happens in correctional settings.

Last November, New York’s state prison system was found to have wrongly punished more than 2,000 detainees due to false positives from drug tests manufactured by Sirchie Finger Print Laboratories.

For years, the test strips used on Rikers Island, the city-run jail system, were also provided by Sirchie. But after complaints about the reliability of the tests, the Department of Correction switched to kits made by DetectaChem last April.

The review by the Department of Investigation found DetectaChem’s test strips had a false positive rate of 79%, while Sirchie’s were wrong 91% of the time.

Inquiries to Sirchie were not returned.

Travis Kisner, the chief operating officer of DetectaChem, said the company was still reviewing the report, but added: “We stand behind our product.”

The Canadian Press. All rights reserved.



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Coroner’s inquest into 2016 death of Ottawa man hears from ex-cop involved in arrest

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A former police officer involved in the violent arrest of an Ottawa man who later died in hospital told a coroner’s inquest that he was traumatized by the incident and worried about his own safety at the time. 

The inquest into the July 2016 death of 38-year-old Abdirahman Abdi began earlier this week, with witnesses testifying Wednesday.

Abdi died after police responded to a 911 call reporting that a man was groping women outside a coffee shop in Ottawa’s Hintonburg neighbourhood. The inquest has heard that Abdi appeared to be in a mental health crisis at the time. 

Former Const. David Weir, who was the first responding officer, testified Wednesday that Abdi’s death was a “critical stress incident.”

“It still affects me to this day. It’s the reason why I’m not working,” he said.

Weir, who was a member of the Ottawa Police Service from 2002 until earlier this year, said police were short staffed that day and he volunteered to take the call about Abdi.

Weir said the report he received through police dispatch did not match the scene he arrived at that day.

“This guy’s behaviour is so erratic,” he said, adding that his thinking at the time was: “I’m going to end this because it’s out of control. It’s just me and this large man.”

Weir described chasing Abdi and repeatedly striking him with a baton in an attempt to get him to stop running.

“It was like I hit him with a fly swatter,” Weir said.

The inquest was shown security camera footage of Abdi’s arrest, with presiding coroner Dr. David Eden thanking the jury for watching what he called a “harrowing” video showing Weir and Const. Daniel Montsion hit and tackle Abdi to the ground. Montsion was charged in the case with manslaughter, aggravated assault and assault with a weapon and was found not guilty in 2020.

“This call has been traumatic for me and still is to this day,” an emotional Weir said. “There are things about it I don’t remember, it’s not because I don’t want to.”

Due to a lack of supervisors on duty, Weir said he was forced to stay at the crime scene instead of being driven to a police station to write his report as was standard procedure.

“We have people trying to crash into the crime scene from behind us … there are people on the street who are yelling,” he said, adding that he heard someone accuse him of crushing Abdi’s head.

Weir said he was worried for his safety in the minutes following the arrest.

“Honest to God, I thought I was going to get a brick to the head,” he said. 

The jurors heard Monday that Abdi was born in Somalia and went to a refugee camp in Kenya with his family before moving to Canada in 2009. 

Through an agreed statement of facts, the inquest heard that Abdi appeared to be in a mental health crisis when he interacted with patrons at a coffee shop on the day of his arrest, with multiple women saying he grabbed their breasts without consent.

The inquest, set to last four weeks, is mandated by law because Abdi was injured while in police custody. The jury is not tasked with determining legal responsibility but it can make recommendations to avoid similar deaths in the future.

A lawsuit Abdi’s family filed against the Ottawa Police Service was settled out of court in 2021.

The details of the settlement are confidential, with both sides agreeing in a statement at the time that “significant improvements” need to be made to how police respond to people experiencing mental health issues.

Abdi’s family said in a statement earlier this week that his death could have been prevented and that they hope the inquest will spur changes. 

This report by The Canadian Press was first published Nov. 20, 2024.

The Canadian Press. All rights reserved.



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