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Family facing deportation from Canada say return to Portugal puts 'our lives at risk' – CBC.ca

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A family in Milton, Ont., is racing against the clock to be able to stay in Canada, saying that being deported to Portugal will put their health in jeopardy.

“Sending us back to Portugal now, in the middle of this pandemic, it’s like they are sending us into war,” said Eva Ferreira, who, along with her husband and 15-year-old son, has been living in Canada for eight years.

Their push to stay is particularly desperate given that Portugal was recently found to have the world’s worst rate of new daily COVID-19 cases and deaths per 100,000 people — and Ferreira’s husband, Armando Goncalves, is diabetic.

Diabetes puts people at greater risk for developing a severe illness from COVID-19 and is also a common comorbidity in deaths related to COVID-19.

“The way things are in Portugal, I feel like we’re going to put our lives at risk,” Ferreira said.

The family first arrived in Canada in 2012 after struggling to find steady employment in Europe. The parents obtained valid Canadian work permits while working as truck drivers.

According to their lawyer, their status then lapsed without their knowledge two years later, primarily as a result of inept legal counsel.

On Thursday, the family got the news they were dreading: Their application to defer their deportation was rejected by the Canada Border Services Agency (CBSA). They were ordered to leave by Feb.11, giving them exactly one week to make a last-ditch appeal in Federal Court.

“We love Canada, we’re hopeful that we can stay. But we are running out of time,” Ferreira said. 

‘Significant and obvious’ health risk

The family’s Toronto lawyer, Jacqueline Swaisland, is now scrambling to prepare the documentation necessary to file for a stay in Federal Court this week to put off the family’s departure.

“There’s such a significant and obvious health and safety risk here that I really was quite surprised that the CBSA would decide to continue the removal,” she told CBC News.

Toronto lawyer Jackie Swaisland hopes that the Federal Court will step in this week to prevent Eva Ferreira and her family from being deported from Canada on Thursday. (Antonia Giroux Photography)

Swaisland has also submitted a humanitarian and compassionate application on their behalf that would put them on the path to permanent residency, but no decision has yet been made.

“If the family is deported, it is highly unlikely that this application will be granted, as it hardly ever is for people not in Canada,” she said.  

Removals ‘out of step’ with safety measures

Swaisland is one of a number of Canadian lawyers who say they’re appalled that the CBSA has chosen to restart broader deportations.

The agency had put a freeze on most removals in March 2020 when the pandemic began, but, according to a spokesperson, it began removing “serious inadmissibility cases” in early August and “all inadmissible persons” as of Nov. 30.

Speaking to CBC News, Toronto lawyer Maureen Silcoff described the November decision as “completely out of step with all other measures the Canadian government is taking to protect public health.”

Silcoff, president of the Canadian Association of Refugee Lawyers, said resuming deportations for people who are not security risks has no “appropriate rationale.”

She pointed out that the process requires a number of risky interactions, including public transit trips to the CBSA offices, time spent with lawyers and agency officers, the process of packing up a home and the necessary air travel to return to a home country.

“And when you go back … the process starts again, you have to re-establish yourself there,” Silcoff said.

Her group is calling on the CBSA to revert back to its previous deportation policy, which allowed the removal of “serious criminal cases” but put a freeze on others. 

Legal requirement to deport: CBSA

For its part, the CBSA says it does not comment on individual cases.

The agency defended the decision to broaden removals, with a spokesperson writing in a statement that it has a legal requirement to do so.

“This was done for a number of reasons, including … the resumption of business processes at Immigration, Refugees and Citizenship Canada and Immigration and Refugee Board of Canada to produce decisions leading to removal, an increase in available routings by commercial partners that facilitate returns and the ability to ensure that removals are undertaken in a responsible manner,” the statement said.

“Those being removed have either exhausted or chosen not to pursue further legal recourse and have no legal right to remain in Canada.”

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From transmission to symptoms, what to know about avian flu after B.C. case

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A B.C. teen has a suspected case of H5N1 avian flu — the first known human to acquire the virusin Canada.

The provincial government said on the weekend that B.C.’s chief veterinarian and public health teamsare still investigating the source of exposure, but that it’s “very likely” an animal or bird.

Human-to-human transmission is very rare, but as cases among animals rise, many experts are worried the virus could develop that ability.

The teen was being treated at BC Children’s Hospital on Saturday. The provincial health officer said there were no updates on the patient Monday.

“I’m very concerned, obviously, for the young person who was infected,” said Dr. Matthew Miller, director of the Michael G. DeGroote Institute for Infectious Disease Research at McMaster University in Hamilton, Ont.

Miller, who is also the co-director of the Canadian Pandemic Preparedness Hub, said there have been several people infected with H5N1 in the U.S.,and almost all were livestock workers.

In an email to The Canadian Press on Monday afternoon, the Public Health Agency of Canada said “based on current evidence in Canada, the risk to the general public remains low at this time.”

WHAT IS H5N1?

H5N1 is a subtype of influenza A virus that has mainly affected birds, so it’s also called “bird flu” or “avian flu.” The H5N1 flu that has been circulating widely among birds and cattle this year is one of the avian flu strains known as Highly Pathogenic Avian Influenza (HPAI) because it causes severe illness in birds, including poultry.

According to the World Health Organization, H5N1 has been circulating widely among wild birds and poultry for more than two decades. The WHO became increasingly concerned and called for more disease surveillance in Feb. 2023 after worldwide reports of the virus spilling over into mammals.

HOW COMMON IS INFECTION IN HUMANS?

H5N1 infections in humans are rare and “primarily acquired through direct contact with infected poultry or contaminated environments,” the WHO’s website says.

Prior to the teen in B.C., Canada had one human case of H5N1 in 2014 and it was “travel-related,” according to the Public Health Agency of Canada.

As of Nov. 8, there have been 46 confirmed human cases of H5N1 in the U.S. this year, the Centers for Disease Control and Prevention says. There is an ongoing outbreak among dairy cattle, “sporadic” outbreaks in poultry farms and “widespread” cases in wild birds, the CDC website says.

There has been no sign of human-to-human transmission in any of the U.S. cases.

But infectious disease and public health experts are worried that the more H5N1 spreads between different types of animals, the bigger the chance it can mutateand spread more easily between humans.

WHAT ARE THE SYMPTOMS OF H5N1?

Although H5N1 causes symptoms similar to seasonal flu, such as cough, fever, shortness of breath, headache, muscle pain, sore throat, runny nose and fatigue, the strain also has key features that can cause other symptoms.

Unlike seasonal flu, most of the people infected in the U.S. have had conjunctivitis, or “pink-eye,” said Miller.

One reason for that is likely that many have been dairy cattle workers.

“At these milking operations, it’s easy to get contamination on your hands and rub your eyes. We touch our face like all the time without even knowing it,” he said.

“Also, those operations can produce droplets or aerosols, both during milking and during cleaning that can get into the eye relatively easily.”

But the other reason for the conjunctivitis seen in H5N1 cases is that the strain binds to receptors in the eye, Miller said.

While seasonal flu binds to receptors in the upper respiratory tract, H5N1 also binds to receptors in the lower respiratory tract, he said.

“That’s a concern … because if the virus makes its way down there, those lower respiratory infections tend to be a lot more severe. They tend to lead to more severe outcomes, like pneumonias for example, that can cause respiratory distress,” Miller said.

WILL THE FLU VACCINE PROTECT AGAINST H5N1?

We don’t know “with any degree of certainty,” whether the seasonal flu vaccine could help prevent infection with H5N1, said Miller.

Although there’s no data yet, it’s quite possible that it could help prevent more severe disease once a person is infected, he said.

That’s because the seasonal flu vaccine contains a component of H1N1 virus, which “is relatively closely related to H5N1.”

“So the immunity that might help protect people against H5N1 is almost certainly conferred by either prior infection with or prior vaccination against H1N1 viruses that circulate in people,” Miller said.

HOW ELSE CAN I PROTECT MYSELF?

The Public Health Agency of Canada said as a general precaution, people shouldn’t handle live or dead wild birds or other wild animals, and keep pets away from sick or dead animals.

Those who work with animals or in animal-contaminated places should take personal protective measures, the agency said.

This report by The Canadian Press was first published Nov. 11, 2024.

Canadian Press health coverage receives support through a partnership with the Canadian Medical Association. CP is solely responsible for this content.



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Wisconsin Supreme Court grapples with whether state’s 175-year-old abortion ban is valid

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MADISON, Wis. (AP) — A conservative prosecutor’s attorney struggled Monday to persuade the Wisconsin Supreme Court to reactivate the state’s 175-year-old abortion ban, drawing a tongue-lashing from two of the court’s liberal justices during oral arguments.

Sheboygan County’s Republican district attorney, Joel Urmanski, has asked the high court to overturn a Dane County judge’s ruling last year that invalidated the ban. A ruling isn’t expected for weeks but abortion advocates almost certainly will win the case given that liberal justices control the court. One of them, Janet Protasiewicz, remarked on the campaign trail that she supports abortion rights.

Monday’s two-hour session amounted to little more than political theater. Liberal Justice Rebecca Dallet told Urmanski’s attorney, Matthew Thome, that the ban was passed in 1849 by white men who held all the power and that he was ignoring everything that has happened since. Jill Karofsky, another liberal justice, pointed out that the ban provides no exceptions for rape or incest and that reactivation could result in doctors withholding medical care. She told Thome that he was essentially asking the court to sign a “death warrant” for women and children in Wisconsin.

“This is the world gone mad,” Karofsky said.

The ban stood until 1973, when the U.S. Supreme Court’s landmark Roe v. Wade decision legalizing abortion nationwide nullified it. Legislators never repealed the ban, however, and conservatives have argued the Supreme Court’s decision to overturn Roe two years ago reactivated it.

Democratic Attorney General Josh Kaul filed a lawsuit challenging the law in 2022. He argued that a 1985 Wisconsin law that prohibits abortion after a fetus reaches the point where it can survive outside the womb supersedes the ban. Some babies can survive with medical help after 21 weeks of gestation.

Urmanski contends that the ban was never repealed and that it can co-exist with the 1985 law because that law didn’t legalize abortion at any point. Other modern-day abortion restrictions also don’t legalize the practice, he argues.

Dane County Circuit Judge Diane Schlipper ruled last year that the ban outlaws feticide — which she defined as the killing of a fetus without the mother’s consent — but not consensual abortions. The ruling emboldened Planned Parenthood to resume offering abortions in Wisconsin after halting procedures after Roe was overturned.

Urmanski asked the state Supreme Court in February to overturn Schlipper’s ruling without waiting for a lower appellate decision.

Thome told the justices on Monday that he wasn’t arguing about the implications of reactivating the ban. He maintained that the legal theory that new laws implicitly repeal old ones is shaky. He also contended that the ban and the newer abortion restrictions can overlap just like laws establishing different penalties for the same crime. A ruling that the 1985 law effectively repealed the ban would be “anti-democratic,” Thome added.

“It’s a statute this Legislature has not repealed and you’re saying, no, you actually repealed it,” he said.

Dallet shot back that disregarding laws passed over the last 40 years to go back to 1849 would be undemocratic.

Planned Parenthood of Wisconsin filed a separate lawsuit in February asking the state Supreme Court to rule directly on whether a constitutional right to abortion exists in the state. The justices have agreed to take the case but haven’t scheduled oral arguments yet.

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This story has been updated to correct the Sheboygan County district attorney’s first name to Joel.

The Canadian Press. All rights reserved.



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When to catch the last supermoon of the year

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CAPE CANAVERAL, Fla. (AP) — Better catch this week’s supermoon. It will be a while until the next one.

This will be the year’s fourth and final supermoon, looking bigger and brighter than usual as it comes within about 225,000 miles (361,867 kilometers) of Earth on Thursday. It won’t reach its full lunar phase until Friday.

The supermoon rises after the peak of the Taurid meteor shower and before the Leonids are most active.

Last month’s supermoon was 2,800 miles (4,500 kilometers) closer, making it the year’s closest. The series started in August.

In 2025, expect three supermoons beginning in October.

What makes a moon so super?

More a popular term than a scientific one, a supermoon occurs when a full lunar phase syncs up with an especially close swing around Earth. This usually happens only three or four times a year and consecutively, given the moon’s constantly shifting, oval-shaped orbit.

A supermoon obviously isn’t bigger, but it can appear that way, although scientists say the difference can be barely perceptible.

How do supermoons compare?

This year features a quartet of supermoons.

The one in August was 224,917 miles (361,970 kilometers) away. September’s was 222,131 miles (357,486 kilometers) away. A partial lunar eclipse also unfolded that night, visible in much of the Americas, Africa and Europe as Earth’s shadow fell on the moon, resembling a small bite.

October’s supermoon was the year’s closest at 222,055 miles (357,364 kilometers) from Earth. This month’s supermoon will make its closest approach on Thursday with the full lunar phase the next day.

What’s in it for me?

Scientists point out that only the keenest observers can discern the subtle differences. It’s easier to detect the change in brightness — a supermoon can be 30% brighter than average.

With the U.S. and other countries ramping up lunar exploration with landers and eventually astronauts, the moon beckons brighter than ever.

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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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