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Canada’s assisted-dying law faces constitutional fight for excluding mental disorder

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OTTAWA – A man who says he suffers from chronic and worsening mental health issues is among those launching a court challenge of the federal government assisted dying law, which excludes people suffering solely from a mental disorder.

An application filed by Dying with Dignity in Ontario Superior Court on Monday argues that it is discriminatory to bar people with mental disorders from being eligible for an assisted death when it is available to people who suffer physically.

The organization is asking the court to immediately quash the mental-health exclusion.

Plaintiff John Scully said going to court is his last hope.

No medication, treatment or therapy has eased the post-traumatic stress disorder the former war correspondent suffers from, along with depression and anxiety. All are made worse by sleep deprivation.

“In the last 36 hours, I’ve had four hours (of) sleep,” he said in a recent interview. “And the sleep is polluted with nasty, vicious nightmares.”

At 83, Scully said his condition is worsening by the day, not only mentally but physically.

“I feel it’s incumbent on me to rattle whatever cage I can, to say, not ‘Look at me,’ but ‘Look at us.’ For God’s sake. Do something about it.”

The Liberal government announced in February it would delay a planned expansion to the assisted-dying regime that would have allowed people with mental disorders to be considered starting in March. The expansion has been delayed until 2027.

The government cited readiness concerns from provinces and outstanding questions from psychiatrists about how clinicians could determine whether someone’s mental illness could be cured.

Dying with Dignity, Scully and a third plaintiff, Claire Elyse Brosseau, argue the mental-health exclusion violates Section 7 of the Canadian Charter of Rights and Freedoms, which says people have the right to life, liberty and security.

“There is no constitutional justification for the prolongation of the enduring and intolerable suffering of those Canadians who are eligible for MAID but for the mental-illness exclusion,” the documents state.

The filing argues people with severe and incurable mental disorders have been deprived of their security, forced instead to endure prolonged suffering, and the liberty to make the deeply personal decision to end their life.

The right to equality under the law is also violated, Dying with Dignity argues.

The Liberal government passed its assisted-dying law in 2016 and updated it after a 2019 Quebec lower court ruling found it was unconstitutional to require that a person’s death be reasonably foreseeable to make them eligible.

In 2021, the government passed another updated law that included a Senate amendment to remove the exclusion for those who suffer solely from a mental disorder. Senators behind the amendment had argued the exclusion was discriminatory.

People with intolerable mental disorders were initially supposed to be able to be assessed for an assisted death beginning in March 2023. Months before the change was to take effect, the government announced it would legislate a one-year delay to give clinicians more time to be trained.

As the March 2024 deadline approached, a joint parliamentary committee of senators and members of Parliament held hearings into the scheduled expansion, which exposed deep divides on the issue across legal and medical lines, and recommended another postponement.

Ultimately, the government legislated a three-year delay, which Health Minister Mark Holland and Justice Minister Arif Virani said was necessary to address the concerns from provinces and to provide additional time for training.

Proponents of the expansion argued against the delay, saying that training materials had been developed and clinicians who already assess patients for assisted dying said they were ready.

At the time, Holland reiterated the government’s position that mental suffering is equivalent to physical suffering and said he expects the provinces to get ready.

Conservative Leader Pierre Poilievre has pledged to scrap the expansion altogether if his party forms government in the next election.

Helen Long, the CEO of Dying with Dignity Canada, said it’s disappointing to have to turn to the courts to force the government to enact its own legislation.

She believes the delays are rooted in a lack of “political will.”

Long said her organization has heard from people and families about the hardship caused by the repeated delays.

“The fact that they have been forced to wait and then given a promise and given a promise and given a promise — that’s what makes it so difficult for them to continue to soldier on and wait for an assessment,” she said

“They’re owed that ability to apply.”

Scully says the sleep deprivation he suffers from is pushing his mental condition and other ailments over the edge, causing him to live in constant fear that he will commit suicide. He has attempted to take his own life twice before.

“Every day it gets a little closer,” Scully said. “I don’t want to, because I know the horror and the grief it causes the survivors. Death by suicide is awful, just awful, for the ones left behind.”

Long anticipates the court process will be lengthy, but said advancing it opens the door for people like Scully to be assessed once it is heard.

Scully said he was interviewed by two clinicians who assess patients for assisted dying and he would be eligible if the expansion had already been in place.

“It’s really sobering. It’s for real. It kind of takes your breath away.”

This report by The Canadian Press was first published Aug 19, 2024.

— With files from Laura Osman

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Looking for the next mystery bestseller? This crime bookstore can solve the case

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WINNIPEG – Some 250 coloured tacks pepper a large-scale world map among bookshelves at Whodunit Mystery Bookstore.

Estonia, Finland, Japan and even Fenwick, Ont., have pins representing places outside Winnipeg where someone has ordered a page-turner from the independent bookstore that specializes in mystery and crime fiction novels.

For 30 years, the store has been offering fans of Agatha Christie’s Hercule Poirot or Arthur Conan Doyle’s Sherlock Holmes a place to get lost in whodunits both old and new.

Jack and Wendy Bumsted bought the shop in the Crescentwood neighbourhood in 2007 from another pair of mystery lovers.

The married couple had been longtime customers of the store. Wendy Bumsted grew up reading Perry Mason novels while her husband was a historian with vast knowledge of the crime fiction genre.

At the time, Jack Bumsted was retiring from teaching at the University of Manitoba when he was looking for his next venture.

“The bookstore came up and we bought it, I think, within a week,” Wendy Bumsted said in an interview.

“It never didn’t seem like a good idea.”

In the years since the Bumsteds took ownership, the family has witnessed the decline in mail-order books, the introduction of online retailers, a relocation to a new space next to the original, a pandemic and the death of beloved co-owner Jack Bumsted in 2020.

But with all the changes that come with owning a small business, customers continue to trust their next mystery fix will come from one of the shelves at Whodunit.

Many still request to be called about books from specific authors, or want to be notified if a new book follows their favourite format. Some arrive at the shop like clockwork each week hoping to get suggestions from Wendy Bumsted or her son on the next big hit.

“She has really excellent instincts on what we should be getting and what we should be promoting,” Micheal Bumsted said of his mother.

Wendy Bumsted suggested the store stock “Thursday Murder Club,” the debut novel from British television host Richard Osman, before it became a bestseller. They ordered more copies than other bookstores in Canada knowing it had the potential to be a hit, said Michael Bumsted.

The store houses more than 18,000 new and used novels. That’s not including the boxes of books that sit in Wendy Bumsted’s tiny office, or the packages that take up space on some of the only available seating there, waiting to be added to the inventory.

Just as the genre has evolved, so has the Bumsteds’ willingness to welcome other subjects on their shelves — despite some pushback from loyal customers and initially the Bumsted patriarch.

For years, Jack Bumsted refused to sell anything outside the crime fiction genre, including his own published books. Instead, he would send potential buyers to another store, but would offer to sign the books if they came back with them.

Wendy Bumsted said that eventually changed in his later years.

Now, about 15 per cent of the store’s stock is of other genres, such as romance or children’s books.

The COVID-19 pandemic forced them to look at expanding their selection, as some customers turned to buying books through the store’s website, which is set up to allow purchasers to get anything from the publishers the Bumsteds have contracts with.

In 2019, the store sold fewer than 100 books online. That number jumped to more than 3,000 in 2020, as retailers had to deal with pandemic lockdowns.

After years of running a successful mail-order business, the store was able to quickly adapt when it had to temporarily shut its doors, said Michael Bumsted.

“We were not a store…that had to figure out how to get books to people when they weren’t here.”

He added being a community bookstore with a niche has helped the family stay in business when other retailers have struggled. Part of that has included building lasting relationships.

“Some people have put it in their wills that their books will come to us,” said Wendy Bumsted.

Some of those collections have included tips on traveling through Asia in the early 2000s or the history of Australian cricket.

Micheal Bumsted said they’ve had to learn to be patient with selling some of these more obscure titles, but eventually the time comes for them to find a new home.

“One of the great things about physical books is that they can be there for you when you are ready for them.”

This report by The Canadian Press was first published on Sept. 15, 2024.



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Labour Minister praises Air Canada, pilots union for avoiding disruptive strike

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MONTREAL – Canada’s labour minister is praising both Air Canada and the union representing about 5,200 of its pilots for averting a work stoppage that would have disrupted travel for hundreds of thousands of passengers.

Steven MacKinnon’s comments came in a statement shared to social media shortly after Canada’s largest air carrier announced it had reached a tentative labour deal with the Air Line Pilots Association.

MacKinnon thanked both sides and federal mediators, saying the airline and its pilots approached negotiations with “seriousness and a resolve to get a deal.”

The tentative agreement averts a strike or lockout that could have begun as early as Wednesday for Air Canada and Air Canada Rouge, with flight cancellations expected before then.

The airline now says flights will continue as normal while union members vote on the tentative four-year contract.

Air Canada had called on the federal government to intervene in the dispute, but Prime Minister Justin Trudeau said Friday that would only happen if it became clear no negotiated agreement was possible.

This report from The Canadian Press was first published Sept. 15, 2024.

Companies in this story: (TSX:AC)

The Canadian Press. All rights reserved.



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As plant-based milk becomes more popular, brands look for new ways to compete

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When it comes to plant-based alternatives, Canadians have never had so many options — and nowhere is that choice more abundantly clear than in the milk section of the dairy aisle.

To meet growing demand, companies are investing in new products and technology to keep up with consumer tastes and differentiate themselves from all the other players on the shelf.

“The product mix has just expanded so fast,” said Liza Amlani, co-founder of the Retail Strategy Group.

She said younger generations in particular are driving growth in the plant-based market as they are consuming less dairy and meat.

Commercial sales of dairy milk have been weakening for years, according to research firm Mintel, likely in part because of the rise of plant-based alternatives — even though many Canadians still drink dairy.

The No. 1 reason people opt for plant-based milk is because they see it as healthier than dairy, said Joel Gregoire, Mintel’s associate director for food and drink.

“Plant-based milk, the one thing about it — it’s not new. It’s been around for quite some time. It’s pretty established,” said Gregoire.

Because of that, it serves as an “entry point” for many consumers interested in plant-based alternatives to animal products, he said.

Plant-based milk consumption is expected to continue growing in the coming years, according to Mintel research, with more options available than ever and more consumers opting for a diet that includes both dairy and non-dairy milk.

A 2023 report by Ernst & Young for Protein Industries Canada projected that the plant-based dairy market will reach US$51.3 billion in 2035, at a compound annual growth rate of 9.5 per cent.

Because of this growth opportunity, even well-established dairy or plant-based companies are stepping up their game.

It’s been more than three decades since Saint-Hyacinthe, Que.-based Natura first launched a line of soy beverages. Over the years, the company has rolled out new products to meet rising demand, and earlier this year launched a line of oat beverages that it says are the only ones with a stamp of approval from Celiac Canada.

Competition is tough, said owner and founder Nick Feldman — especially from large American brands, which have the money to ensure their products hit shelves across the country.

Natura has kept growing, though, with a focus on using organic ingredients and localized production from raw materials.

“We’re maybe not appealing to the mass market, but we’re appealing to the natural consumer, to the organic consumer,” Feldman said.

Amlani said brands are increasingly advertising the simplicity of their ingredient lists. She’s also noticing more companies offering different kinds of products, such as coffee creamers.

Companies are also looking to stand out through eye-catching packaging and marketing, added Amlani, and by competing on price.

Besides all the companies competing for shelf space, there are many different kinds of plant-based milk consumers can choose from, such as almond, soy, oat, rice, hazelnut, macadamia, pea, coconut and hemp.

However, one alternative in particular has enjoyed a recent, rapid ascendance in popularity.

“I would say oat is the big up-and-coming product,” said Feldman.

Mintel’s report found the share of Canadians who say they buy oat milk has quadrupled between 2019 and 2023 (though almond is still the most popular).

“There seems to be a very nice marriage of coffee and oat milk,” said Feldman. “The flavour combination is excellent, better than any other non-dairy alternative.”

The beverage’s surge in popularity in cafés is a big part of why it’s ascending so quickly, said Gregoire — its texture and ability to froth makes it a good alternative for lattes and cappuccinos.

It’s also a good example of companies making a strong “use case” for yet another new entrant in a competitive market, he said.

Amid the long-standing brands and new entrants, there’s another — perhaps unexpected — group of players that has been increasingly investing in plant-based milk alternatives: dairy companies.

For example, Danone has owned the Silk and So Delicious brands since an acquisition in 2014, and long-standing U.S. dairy company HP Hood LLC launched Planet Oat in 2018.

Lactalis Canada also recently converted its facility in Sudbury, Ont., to manufacture its new plant-based Enjoy! brand, with beverages made from oats, almonds and hazelnuts.

“As an organization, we obviously follow consumer trends, and have seen the amount of interest in plant-based products, particularly fluid beverages,” said Mark Taylor, president and CEO of Lactalis Canada, whose parent company Lactalis is the largest dairy products company in the world.

The facility was a milk processing plant for six decades, until Lactalis Canada began renovating it in 2022. It now manufactures not only the new brand, but also the company’s existing Sensational Soy brand, and is the company’s first dedicated plant-based facility.

“We’re predominantly a dairy company, and we’ll always predominantly be a dairy company, but we see these products as complementary,” said Taylor.

It makes sense that major dairy companies want to get in on plant-based milk, said Gregoire. The dairy business is large — a “cash cow,” if you will — but not really growing, while plant-based products are seeing a boom.

“If I’m looking for avenues of growth, I don’t want to be left behind,” he said.

Gregoire said there’s a potential for consumers to get confused with so many options, which is why it’s so important for brands to find a way to differentiate themselves, whether it’s with taste, health, or how well the drink froths for a latte.

Competition in a more crowded market is challenging, but Taylor believes it results in better products for consumers.

“It keeps you sharp, and it forces you to be really good at what you’re doing. It drives innovation,” he said.

This report by The Canadian Press was first published Sept. 15, 2024.



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