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Federal cabinet ministers meet to discuss incoming Trump administration

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OTTAWA – A group of federal cabinet ministers are huddling in a closed-door meeting this morning to work on Canada’s strategy for dealing with the incoming Donald Trump administration.

A recently revived cabinet committee on Canada-U.S. relations made up of senior ministers is meeting for the first time since Trump left office in early 2021.

Deputy Prime Minister Chrystia Freeland, who chairs the committee, is set to take questions from media later today on Parliament Hill.

Foreign Affairs Minister Mélanie Joly told reporters heading into the meeting that Ottawa has a plan already and now the government will look to put it in motion.

The mercurial president-elect had campaigned on imposing across-the-board tariffs on U.S. imports and deporting millions of illegal immigrants.

That’s stoked fears that his term in the White House could deal a blow to the Canadian economy and cause a sudden influx of migrants at the border.

This report by The Canadian Press was first published Nov. 8, 2024.

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Supreme Court charts path for reviewing validity of government regulations

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OTTAWA – The Supreme Court of Canada has clarified the legal path for judges when reviewing the validity of government regulations, guidelines or other such instruments.

In a pair of decisions today, the Supreme Court points to a previous top court ruling that set out a comprehensive framework for determining the applicable standard of review.

The court says a standard for gauging reasonableness, set out in that framework, is presumed to apply when reviewing government regulations and other rules.

It says a court’s role is to review the legality or validity of such regulations, not to weigh whether they are necessary, wise or effective in practice.

As a result, it is not an inquiry into the underlying political, economic, social or partisan considerations.

Rather, the review should be aimed at whether an agency has acted within the scope of its lawful authority.

This report by The Canadian Press was first published Nov. 8, 2024.

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‘Big frustration’: How a limited MAID window affects Alzheimer’s patients

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Mary Wilson was rapidly deteriorating with Alzheimer’s when she received a medically assisted death in 2017.

The Alberta woman was still cognitively aware and could carry complex conversations, but those chats might take an hour and a half instead of the usual 15 minutes, says her son, Ken Campbell.

She had also begun retreating from the world as the disease progressed: she put coffee cups in bathroom cabinets and spoons under pillows; she needed help getting dressed and had a loss of bladder control.

Wilson, an intellectual with three post-secondary degrees, stopped reading and started watching Disney musicals on repeat.

“Talking to my mom was like watching a beginner driver parallel park,” Campbell says of her final days.

Wilson hosted an intimate house party with family and friends before receiving MAID.

At the party she would smile and lean forward as if preparing to speak, but then lose her train of thought as everyone quieted to listen, saying only, “Nevermind,” Campbell says.

Her window for eligibility to receive MAID appeared to be closing – once a person with an untreatable condition loses the mental capacity to consent, it’s illegal to provide them an assisted death.

“Advanced requests were not available, and that was a big frustration for my mother,” says Campbell.

That is no longer the case in Quebec, where a person with a serious and incurable illness like Alzheimer’s can request MAID, months or years before their condition leaves them unable to consent. The move has received praise from patients and advocates who believe people with Alzheimer’s should get to decide if they want to endure the full extent of their decline. But it’s also generated confusion and criticism among some in the medical community who raise moral and legal questions.

In Wilson’s case, she was able to turn to her doctor and say “I’m ready,” recalls Campbell.

But he says that his mother would have wanted to ask for MAID in advance.

Wilson was diagnosed with dementia in 2012 and began a rapid decline in 2017. Her doctors had time to observe the speed and signs of her descent.

The acceleration of an Alzheimer’s patient’s illness – and their window of eligibility – largely varies case-by-case, says Dr. Konia Trouton, president of the Canadian Association of MAID Assessors and Providers.

Neurological conditions accounted for 12.6 per cent of people who received MAID in 2022. Out of those cases, which include Parkinson’s disease and ALS, dementia made up nine per cent, representing 150 people, Statistics Canada data shows.

They have to be in advanced decline, but still able to explain their diagnosis and give consent, says Trouton, who has been providing MAID in British Columbia, Alberta and Ontario since 2016.

Sandra Demontigny, who lives in Lévis, Que., applauds her province for fighting to advance MAID in Canada. She has started drafting personal criteria that would mean she’s ready for the procedure.

Patients making an advanced request must detail the circumstances in which they’d want MAID, such as if they lose control of their bowel, or forget their children’s names.

Demontigny, 45, knew she wanted to apply for MAID when she was diagnosed with Alzheimer’s at 39.

Demontigny saw the distress in her father’s eyes as he suffered from Alzheimer’s – the same illness his mother had – and it was like he was saying “save me,” she says. He could no longer eat or drink at the end of his life. He lay on the floor like a baby learning to walk, she recalls.

She decided that if she was diagnosed, she would seek a medically assisted death.

“I cannot imagine myself, and my children seeing me like that,” Demontigny says, pausing as tears muffle her words.

More than a decade after her father died, signs of her own illness appeared.

Demontigny says she’s already losing her memory, and sometimes asks the same question repeatedly. “I’m not the same person as before,” she says.

The federal government will launch consultations later this month about expanding advanced requests for medical assistance in dying.

Dr. Catherine Ferrier, who has spent four decades diagnosing and treating patients with neurocognitive disorders in Montreal, is firmly opposed to advance requests saying, “I find it barbaric.”

She posits the dilemma of a dementia patient with advanced consent who pulls their arm away when the doctor tries to insert the needle.

“You’re going to have to either hold them down or sedate them in order to do that,” Ferrier says.

If a patient’s refusal is a manifestation of their illness, the MAID practitioner can proceed, she says, but “that leaves a huge leeway for the subjectivity of the doctor.”

“We talk about ageism and we talk about ableism, discrimination against people with disabilities. To me, this displays all of that. Somebody who’s not actively contributing to society anymore, somehow it’s OK to just lower your standards for consent and remove that person from the population,” says Ferrier.

But Trouton says this is why the details of a person’s request are so important: “They’re going to have to outline what suffering will look like and how that can be objectively identified, like five or 10 years later.”

“That does mean that when a patient refuses, like a person with dementia who’s happy, it’s going to be hard for us to indicate, what does a refusal look like,” says Trouton.

The Quebec government website states that health and social services professionals, such as nurses and social workers, are expected to answer a patient’s MAID-related questions and help them find a provider. A doctor or specialized nurse practitioner would prepare the advanced request with the patient and record it with the provincial registry.

Helping patients write advanced requests will be an intensive process given the level of detail required. Trouton says she worries that there won’t be enough physicians and nurses trained to meet the expected demand.

“It’ll be impossible,” Trouton says. “That’s what I’m quite worried about.”

This report by The Canadian Press was first published Nov. 8, 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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Environment commissioner says Canada on track to miss 2030 emissions targets

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OTTAWA – Canada is still not on track to meet its commitments under the Paris climate agreement, federal Environment Commissioner Jerry DeMarco said in a new report on Thursday.

Ottawa has promised to reduce greenhouse gas emissions to be 40 to 45 per cent below 2005 levels by 2030, but so far they have only fallen seven per cent below 2005 levels.

In a news conference after the reports were tabled in Parliament, DeMarco said it is still possible to meet those targets but the “task is much harder because there’s only six years left to do essentially 20 or 30 years’ worth of reductions.”

“It’s not time to give up,” he said.

While progress is “painfully slow” on some of the government’s policies, DeMarco said, “that’s not a reason to just throw up our hands and say we won’t make it.”

“We owe it to our children and our grandchildren to make as great an effort as possible to meet these global challenges.”

The report looked at 20 of the 149 measures from the government’s 2030 Emission Reductions Plan progress report, and found they were being implemented too slowly to fulfil their intended goal.

Only nine of those were on track and another nine were facing challenges.

The other two had significant barriers like delays in meeting milestones, including the initiative to get Indigenous communities off diesel fuel, and the oil and gas emissions cap. The government only published the cap’s draft regulations on Monday, after promising the measure in the 2021 election.

“Overall, the federal government had advanced a variety of mitigation measures to support progress towards a net-zero transition but had still not made sufficient progress to reduce greenhouse gas emissions to meet its 2030 target,” the report reads.

The report also zeroed in on whether Environment and Climate Change Canada has reported on its progress with enough transparency. In 2021, Parliament passed a law requiring the department to set emission targets and to publish emissions reduction plans and progress reports.

That law requires the department to include in its progress report what additional measures could be taken if Canada is not on track to meet its 2030 targets. As such, DeMarco said he expected more measures to be included in last year’s progress report since Canada clearly knew it wasn’t doing enough to meet the target.

Of the 32 additional measures the department published — in addition to the 149 existing ones — DeMarco found only seven were new measures. Three of them enhanced existing measures, and the other 22 were ones the department had already reported.

That included continuing to develop the Canada Green Buildings Strategy, which was already in the original plan.

DeMarco found the government has made strides in consulting with the provinces, territories and Indigenous Peoples, and that the department met its legislative reporting requirements. However he was critical of the government’s transparency with regards to its modelling data — concerns which he also raised in his report last year.

“Although the department made marginal transparency improvements on modelling assumptions for federal measures in the emissions projection report, it still provided insufficient details,” DeMarco’s latest report read, noting the department only provided details for one-third of the measures it included in its modelling.

“This issue of the lack of transparency in the modelling continues to be an ongoing concern, which can undermine the trust and credibility in the reported progress,” the report read.

Speaking to reporters outside the House of Commons on Thursday, Environment Minister Steven Guilbeault said the government could do better on transparency, and reiterated the work already done to bring emissions down.

“I agree with (DeMarco). We need to continue moving forward to implement measures to reach our 2030 target,” Guilbeault said.

“I should point out it’s the first time in Canada’s history emissions are going down because of measures that the government is taking.”

Guilbeault said final regulations for clean electricity standards will be released in the coming weeks.

This report by The Canadian Press was first published Nov. 7, 2024.

The Canadian Press. All rights reserved.



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