The Canadian government on Friday appealed a federal court decision upholding a ruling that it individually compensate indigenous children and their caregivers harmed by a discriminatory welfare system, but said it would pause the appeal while engaging in talks with the initial complainants.
The decision is the latest twist in a 14-year legal battle, but also a sign that Prime Minister Justin Trudeau’s government, which has long pledged its commitment to indigenous people, feels its chances of success are better outside the courtroom.
It comes against a backdrop of key legal victories for indigenous peoples in Canada – on human rights, treaty rights and fiduciary duty. The accumulation of successes, some lawyers say, could make governments more willing to talk rather than take on battles they can’t win.
The government filed the appeal on Friday, just ahead of a deadline, but put it on hold and sought two months of talks starting Monday to reach a settlement. The federal decision upheld a ruling by the Canadian Human Rights Tribunal.
The talks will focus on compensating indigenous children, long-term reform of the indigenous child welfare system and funding to support delivery of child and family services, Indigenous Services Minister Patty Hajdu said in a statement. She later told reporters she hopes the approach will build “a better system, an equitable system, a compassionate system where no more harm is done.”
Some 55,000 children are affected by the compensation decision, estimated to cost billions of dollars to government. Government ministers would not say how much the government had offered to obtain an agreement to talk.
Cindy Blackstock, executive director of the First Nations Family and Child Caring Society that brought the complaint, said they would not agree to anything below the C$40,000 per child compensation the Human Rights Tribunal mandated.
“What we are interested in is stopping the discrimination to create more victims,” she told Reuters. “What we’re not prepared to do is negotiate them out of their legal liability.”
Recent wins include a Supreme Court order https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/18955/index.do to recalculate payment for century-old actions, basing compensation not on the bare minimum a government might have done in a case involving Lac Seul First Nation but what Lac Seul First Nation lost in the process.
In another case, a court certified a class action on behalf of indigenous people alleging police brutality in Canada’s northern territories – the first certified class action alleging systemic discrimination by a police force in Canada, said James Sayce, a lawyer representing the plaintiffs. The federal government is fighting the certification.
In British Columbia, Blueberry River First Nation won a victory that was unique in its focus on the diminishment of treaty rights and the cumulative effects of industrial development, said lawyer Paul Seaman, leader of Gowling WLG’s Indigenous Law Group.
“This is a moment of reckoning,” Bruce McIvor, a partner at First Peoples Law in Vancouver, said earlier this year of recent indigenous cases in Canada. Governments have pledged reconciliation, he said. Now Canadians expect them to “live up to the rhetoric.”
After years of urging governments and indigenous groups to negotiate rather than litigate, Canadian judges seem to have decided “we can’t just continue to try and maintain the status quo,” said University of Victoria law professor Alan Hanna.
That may ultimately make future court cases unnecessary if governments see they won’t succeed through litigation, said lawyer Lanise Hayes, head of Nelligan Law’s Indigenous Law practice group.
“We probably are at a turning point … where these situations are not things that indigenous people have to go to court and fight over for years.”
(Reporting by Anna Mehler Paperny; editing by Diane Craft and Leslie Adler)
First cases of COVID-19 discovered in Canadian wildlife – CTV News
The first cases of COVID-19 in Canadian wildlife have been discovered in three white-tailed deer, a press release from Environment and Climate Change Canada reports.
The National Centre for Foreign Animal Disease confirmed the detections on Nov. 29 but the deer were sampled between Nov. 6 to 8 in the Estrie region of Quebec. The deer showed no evidence of clinical signs of disease and were “all apparently healthy.”
“As this is the first detection of SARS-CoV-2 in wildlife in Canada, information on the impacts and spread of the virus in wild deer populations is currently limited,” the press release states.
“The finding emphasizes the importance of ongoing surveillance for SARS-CoV-2 in wildlife to increase our understanding about SARS-CoV-2 on the human-animal interface.”
The World Organisation for Animal Health was notified about the discovery on Dec. 1.
The department is urging added precaution – like wearing a well-fitted mask – when exposed to “respiratory tissues and fluids from deer.”
The virus has been found in multiple animal species globally including farmed mink, cats, dogs, ferrets, and zoo animals such as tigers, lions, gorillas, cougars, otters and others.
“Recent reports in the United States have revealed evidence of spillover of SARS-CoV-2 from humans to wild white-tailed deer, with subsequent spread of the virus among deer. There has been no known transmission of SARS-CoV-2 from deer to humans at this time,” the release reads.
U.N. seeks record $41 billion for aid to hotspots led by Afghanistan, Ethiopia
The United Nations appealed on Thursday for a record $41 billion to provide life-saving assistance next year to 183 million people worldwide caught up in conflict and poverty, led by a tripling of its programme in Afghanistan.
Famine remains a “terrifying prospect” for 45 million people living in 43 countries, as extreme weather caused by climate change shrinks food supplies, the U.N. said in the annual appeal, which reflected a 17% rise in annual funding needs.
“The drivers of needs are ones which are familiar to all of us. Tragically, it includes protracted conflicts, political instability, failing economies … the climate crisis, not a new crisis, but one which urges more attention and of course the COVID-19 pandemic,” U.N. aid chief Martin Griffiths told reporters.
In a report to donors, the world body said: “Without sustained and immediate action, 2022 could be catastrophic.”
Afghanistan, Syria, Yemen, Ethiopia and Sudan are the five major crises requiring the most funding, topped by $4.5 billion sought for Taliban-ruled Afghanistan where “needs are skyrocketing”, it said.
In Afghanistan, more than 24 million people require life-saving assistance, a dramatic increase driven by political tumult, repeated economic shocks, and severe food insecurity caused by the worst drought in 27 years.
“We are in the business in the U.N. of trying to urgently establish with support from the World Bank as well as the U.N. system, a currency swap initiative which will allow liquidity to go into the economy,” Griffiths said.
“The absence of cash in Afghanistan is a major impediment to any delivery of services,” he said. “I am hoping that we get it up and running before the end of this month.”
In Ethiopia, where a year-old conflict between government and Tigrayan forces has spread into the Amhara and Afar regions, thousands have been displaced, while fighting, drought and locusts push more to the brink, the U.N. said.
Nearly 26 million Ethiopians require aid, including more than 9 million who depend on food rations, including 5 million in Tigray, amid rising malnutrition rates, it said.
“Ethiopia is the most alarming probably almost certainly in terms of immediate emergency need,” Griffiths said, adding that 400,000 people had been deemed at risk of famine already in May.
Noting that heavy fighting continued, with government forces battling Tigrayan People’s Liberation Front forces who have moved closer to the capital Addis Ababa, he added: “But capacity to respond to an imploded Ethiopia is almost impossible to imagine.”
(Reporting by Stephanie Nebehay; editing by Richard Pullin)
Doug Ford applauds new COVID-19 travel restrictions, says more discussions with feds to be held – Globalnews.ca
Ontario Premier Doug Ford thanked the federal government for implementing new travel restrictions in a bid to stop the spread of the Omicron COVID-19 variant and said more discussions will be held about possibly expanding new testing rules to travellers from the United States.
Ford made the remarks at an unrelated press conference in Mississauga Wednesday morning.
Several Omicron variant cases have already been confirmed in Ontario, and Ford said while it is a “cause for concern” it is “not cause for panic.”
“Every day we hold off more cases entering our country, the more time we have to learn and prepare,” Ford said.
“So the best thing we can do right now is fortify our borders. Our best defence is keeping the variant out of our country. We welcome the actions from the federal government and I want to thank the feds for taking action to date.
“We implored them last week to act quickly and be decisive on the borders and they did.”
In a statement last Friday, Ford called on the federal government to enact travel bans on “countries of concern” and the feds followed through just hours later.
On Tuesday, they expanded that ban to three additional countries.
Federal Health Minister Jean-Yves Duclos said foreign nationals from Nigeria, Malawi and Egypt who have been to those countries over the past two weeks will not be able to enter Canada. This added to the seven other African countries barred by Canada on Friday: South Africa, Mozambique, Namibia, Zimbabwe, Botswana, Lesotho and Eswatini.
Egypt, Malawi and Nigeria added to Canada‘s travel ban amid more restrictions
Canadians and permanent residents, as well as all those who have the right to return to Canada, who have transited through these countries over the past two weeks, will have to quarantine, be tested at the airport, and await their test results before exiting quarantine, Duclos said.
It was also announced that all air travellers entering Canada — excluding those coming from the United States — would have to get tested when they arrive and isolate until they receive a negative result. That measure applies to all travellers, regardless of vaccination status.
Duclos said Wednesday that it will take time to implement the new measure.
In his statement last week, Ford also called for point-of-arrival testing to be put in place.
He also said he advised the province’s chief medical officer and Public Health Ontario to “immediately implement expanded surveillance” and update planning to “ensure we are ready for any outcome.”
The Omicron variant has now been detected in many countries around the world, including, as of Wednesday, the United States.
Ford was asked if he would support expanding the new testing rules to those arriving from the States.
“I would always support anything that can be cautious to prevent this variant coming into our country. So, again we’ll have a discussion with the federal government. That’s their jurisdiction, it’s not ours,” Ford said.
“They work collaboratively with all the provinces and territories and I’m always for going the cautious route as I think people have seen over the last 20 months.”
The premier added that “it doesn’t take much to get a test at the airport.”
Federal Transport Minister Omar Alghabra said Wednesday that it’s too early to say whether Canada’s latest requirement to test arriving air travellers will be extended to include those coming from the United States.
“We need to be prepared and ready if we need to adjust that decision to include travellers from the U.S. We haven’t made that decision yet,” he said.
When asked what provincial measures are being considered in response to the Omicron variant, Ford said they will make sure there is expanded testing capacity and contact tracing.
Health Minister Christine Elliott said there is still much that isn’t known about the variant, including how effective vaccines are against it.
She said the province is “continuing with all of our precautions” and said it’s important to keep border restrictions in place until more is known about the variant.
Elliott also said more information will be released in the coming days “with respect to age categories” on booster shots.
— With files from Saba Aziz and The Canadian Press
© 2021 Global News, a division of Corus Entertainment Inc.
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