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Feds were warned about setting ‘significant precedent’ with Ukraine visa program

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OTTAWA – Federal immigration officials warned the government it risked undermining the temporary immigration system with the design of the emergency visa program for war-displaced Ukrainians, newly released court documents show.

Immigration Department staff raised the concern in a memo to Sean Fraser, immigration minister at the time, shortly after the program was announced.

The memos outline the design of the Ukraine visa program, which allowed an unlimited number of Ukrainians and their family members to come to Canada to wait out the war.

The policy also waived the requirement for fleeing Ukrainians to promise to leave when their visa expires, against the advice of department staff.

“Waiving the need for a client to establish temporary intent would set a significant precedent that is not recommended, given that it would undermine a foundational component of the (temporary resident) legal framework,” staff said in the memo to Fraser, which was signed March 14, 2022.

Staff cautioned that waiving the requirement — the foundation of the temporary resident program — would set an “expectation that it could be done for other populations, not only those affected by conflict.”

The documents were disclosed as part of a proposed lawsuit against the federal government by three Afghan Canadians, who allege Canada discriminated against Afghan refugees by treating them differently than it did Ukrainians fleeing the Russian invasion.

The lawsuit hasn’t yet been certified by the court.

“The government knew that what they were doing was unfair,” said Nicholas Pope, one of the lawyers representing the Afghan Canadians.

The lawsuit was filed by Canadians who served as language and culture advisers to the Canadian government and NATO during the war in Afghanistan, but haven’t been allowed to bring family members in Afghanistan to safety.

Canada has approved some 962,600 emergency visas for Ukrainians since the 2022 Russian invasion, which allow people fleeing the conflict to work and study while the war rages.

The program was generally well received in Canada, where people opened their homes to Ukrainians and donated clothes, furniture and other essentials to help them settle during their stay.

Roughly 298,000 actually made the trip to Canada, though it’s unclear how many have stayed, and how many have since applied for permanent residency.

The government has argued the emergency program for Ukrainians can’t be compared to the program for Afghan refugees, because people from Afghanistan are unlikely to be able to return home.

In the memo, though, staff say the key distinction between temporary programs and permanent ones is the requirement that visa holders declare their intention to leave.

The department officials described the Ukraine emergency visa program as “exceptional in nature.”

“It underscores Canada’s unique relationship with Ukraine, the extensive diaspora and family links, as well as the unique nature of the conflict as a significant land invasion adjacent to EU countries with generous immigration measures,” the memo reads.

“However, it risks setting a significant precedent, one which may result in future pressures on the government to take similar action for other emergencies.”

Two full pages of legal considerations outlined by the department were blacked out in the documents provided to the court.

Fraser ultimately agreed with the department’s recommendation not to publish the policy publicly, given the “unprecedented and exceptional nature” of the approach.

The offices of Fraser, now housing minister, and the current immigration minister, Marc Miller, did not immediately respond to requests for comment.

The government has emphasized that the Ukrainian program is intended to be temporary, and has encouraged those without family ties to Canada to apply for permanent residency through traditional means if they hope to stay.

Since Fraser announced the visa program, the government has faced accusations of unfairly limiting temporary refuge to people attempting to flee conflicts in Sudan and the war between Israel and Hamas in the Gaza Strip.

In February the Canadian Council for Refugees pointed out the disparity between the program for Ukrainians and the temporary refuge programs for Sudanese people.

“The crisis in Sudan … is of catastrophic proportions,” the group wrote to Miller earlier this year.

“Given the scale of the crisis, the limit of 3,250 applications in the family-based humanitarian pathway is inadequate to the need. In contrast, Canada admitted an unlimited number of Ukrainians on temporary visas, and the pathway to permanent residence for Ukrainians is similarly without a cap.”

This report by The Canadian Press was first published July 23, 2024.

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Judge tells Florida’s top doctor not to threaten TV stations over abortion-rights ads

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TALLAHASSEE, Fla. (AP) — A judge has blocked the head of Florida‘s state health department from taking any more action to threaten TV stations over an abortion-rights commercial they’ve been airing.

U.S. District Judge Mark Walker’s ruling Thursday sided with Floridians Protecting Freedom, the group that produced the commercial promoting a ballot measure that would add abortion rights to the state constitution if it passes in the Nov. 5 election. The group filed a lawsuit earlier this week over the state’s communications with stations.

“The government cannot excuse its indirect censorship of political speech simply by declaring the disfavored speech is ‘false,’” the judge said in a written opinion.

He added, “To keep it simple for the State of Florida: it’s the First Amendment, stupid.”

State Surgeon General Joseph Ladapo and John Wilson, who was then the top lawyer at the health department before resigning unexpectedly, sent a letter to TV stations on Oct. 3 telling them to stop running an FPF ad, asserting that it was false and dangerous. The letter also says it could be subject to criminal proceedings.

FPF said about 50 stations were running the ad and that most or all of them received the letter — and at least one stopped running the commercial.

The group said the state was wrong when it claimed that assertions in the commercial were false. The state’s objection was to a woman’s assertion that the abortion she received in 2022 after she was diagnosed with a terminal brain tumor would not be allowed under current state law.

The state hasn’t changed its position. In a statement Thursday, a spokesperson for the health department again said that the ads are “unequivocally false.”

The judge’s order bars further action from the state until Oct. 29, when he’s planning a hearing on the question.

The ballot measure is one of nine similar ones across the country, but the campaign over it is the most expensive so far, with ads costing about $160 million, according to the media tracking firm AdImpact. It would require the approval of 60% of voters to be adopted and would override the state law that bans abortion in most cases after the first six weeks of pregnancy, which is before women often realize they’re pregnant.

The administration of Republican Gov. Ron DeSantis has taken multiple steps against the ballot measure campaign.

The Canadian Press. All rights reserved.

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With brain injuries a growing problem, the US military tests how to protect troops from blasts

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WASHINGTON (AP) — The blast shook the ground and its red flash of fire covered the doorway as U.S. special operations forces blew open a door during a recent training exercise.

Moments later, in their next attempt, the boom was noticeably suppressed and the blaze a bit smaller, testament to just one of the new technologies that U.S. Special Operations Command is using to limit the brain injuries that have become a growing problem for the military.

From new required testing and blast monitors to reshaping an explosive charge that reduces its blowback on troops, the command is developing new ways to better protect warfighters from such blast overpressure and to evaluate their health risks, particularly during training.

“We have guys lining up to volunteer for these studies,” said retired Sgt. Maj. F. Bowling, a former special operations medic who now works as a contractor at the command. “This is extremely important to the community. They’re very concerned about it.”

The Defense Department does not have good data on the number of troops with blast overpressure problems, which are much harder to detect than a traumatic brain injury.

Traumatic brain injuries are better known and have been a persistent problem among combat forces, including those subjected to missile strikes and explosions that hit nearby.

According to the department’s Traumatic Brain Injury Center of Excellence, more than 20,000 service members were diagnosed with traumatic brain injuries last year. More than 500,000 have been diagnosed since 2000.

Josh Wick, a Pentagon spokesperson, said emerging information from evaluations of both acute blasts and repetitive low-level exposures shows links to adverse effects, such as the inability to sleep, degraded cognitive performance, headaches and dizziness.

“Our top priority remains our forces’ long-term cognitive well-being and operational effectiveness as warfighters,” said Gen. Bryan Fenton, head of U.S. Special Operations Command. “We are committed to understanding and identifying the impacts of blast overpressure on our personnel’s brain health.”

Fenton said research with academics and medical and industry experts is helping find ways to mitigate and treat overpressure. He said cutting-edge technologies are key to reducing the effects of repeated exposures, such as those many of his troops experience.

Out in a remote training area for Army special forces at Fort Liberty in North Carolina, commandos used what they call a Muchete breaching charge, specifically formed into a shape that more precisely directs the blasts and limits the harmful waves coming from an explosion. A small number of journalists were allowed to watch the training.

“The reduction on the blast overpressure coming back on the operator on average is generally between 40 and 60%,” said Chris Wilson, who leads the team at the command that oversees clinical research and other performance-related initiatives. “It really also depends on where somebody is standing. But it’s certainly a pretty dramatic reduction in the exposure. So I think that’s a win.”

Wilson said development and testing of the refined charge is ongoing but that units are using this one now in training until one gets final approval and can be more widely distributed.

Because of the extensive amount of training for special operations forces — both to hone their skills and to prepare for specific operations — troops may practice breaching a door dozens or hundreds of times. As a result, training is where they are most likely to have such repeated exposures. The command wants a better sense of how each person is affected.

During the demonstration, a number of the Army special forces soldiers were wearing small monitors or sensors to help leaders better understand the level of blast pressure that troops are absorbing. The sensors allow officials to compare readings based on where troops were standing and how close they were to the blast.

The command is evaluating a number of blast sensors on the market, and some higher risk troops are already using them. Testing and other studies are continuing with the goal of getting them out across the force in the next couple of years.

According to Wilson and Col. Amanda Robbins, the command’s psychologist, there are distinct differences between acute traumatic brain injuries and what is called long-term blast exposure or blast overpressure.

Traumatic brain injuries, they said, are acute injuries that are relatively well documented and diagnosed. They said repetitive blast exposure needs more attention because there are lots of questions about the impact on the human brain. The damage is far more complex to diagnose and requires more study to establish links between the repetitive blasts and any damage or symptoms.

To aid the research, Special Operations Command is looking at doing more routine testing throughout service members’ careers. One test is a neurocognitive assessment that the command does every three years. Officials also want warfighters to be assessed if they have had a concussion or similar event.

The Defense Department more broadly will require cognitive assessments for all new recruits as part of an effort to protect troops from brain injuries resulting from blast exposures. New guidance released in August requires greater use of protective equipment, minimum “stand-off distances” during certain types of training, and a reduction in the number of people in proximity to blasts.

The other test being done by Special Operations Command is a more subjective comprehensive assessment that catalogs each person’s history of injuries or falls, even as a child. It’s done early to get a baseline.

Robbins said what they have seen is that new, younger operators and those with 20 or more years of experience are more amenable to doing the testing.

“The challenge is going to be in the midcareer operators who may be more concerned about self-reporting potentially having a perceived negative impact,” she said.

She added that the assessment is a way to take into account incidents that may not be in their medical records, so that problems can be identified early on and people can get treatment.

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Judge delays order in antitrust case requiring Google to open up its app store

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SAN FRANCISCO (AP) — A federal judge on Friday delayed an order requiring Google to open up its Android app store to more competition until an appeals court decides whether to block the shake-up because of legal questions surrounding a jury’s verdict that branded Google as an illegal monopolist.

The delay granted during a court hearing in San Francisco comes less than two weeks after U.S. District Judge James Donato issued a decision that would have forced Google to make sweeping changes to its Play Store for Android smartphones starting Nov. 1.

The mandated changes included a provision that would have required Google to make its library of more than 2 million Android apps available to any rivals that wanted access to the inventory and also distribute the alternative options in its own Play Store.

Google requested Donato’s order be stayed until the Ninth Circuit Court of Appeals could examine the handling of a monthlong trial that led to the December 2023 verdict, which framed the Play Store as an illegal monopoly that stifles innovation and drives up consumer prices.

In Friday’s hearing, Donato scoffed at the notion that Google could succeed in overturning the trial verdict. “The verdict in this case was amply supported by a mountain of evidence about Google’s anti-competitive conduct,” the judge said.

But he decided the Ninth Circuit should be given a chance to consider a postponement until a panel of judges can decide can consider Google’s appeal of the 2023 trial focused on antitrust claims lodged by video game maker Epic Games.

Donato said he wouldn’t be surprised if the Ninth Circuit imposes an even longer delay on his ruling, “but that is for someone else to decide.”

In a statement, Google said it was pleased Donato hit the pause button while it tries to extend the delay even further.

“These remedies threaten Google Play’s ability to provide a safe and secure experience and we look forward to continuing to make our case to protect 100 million U.S. Android users, over 500,000 U.S. developers and thousands of partners who have benefited from our platforms,” Google said.

Epic pointed to Donato’s critical comments about the merits of Google’s appeal in a statement that described the stay as a “procedural step.”

It’s unclear how long the Ninth Circuit will take to decide on Google’s request for a permanent stay of Donato’s ruling while its appeals unfolds — a process that could take more than a year.

In 2021, the Ninth Circuit delayed a provision of another federal judge’s order mandating that Apple allow links to alternative payment systems with apps made for the iPhone as part of another antitrust case brought by Epic.

Although Apple avoided being labeled an illegal monopolist in a trial involving the iPhone app store, it unsuccessfully fought the provision requiring the company to allow alternative payment links within apps. But delaying that requirement preserved Apple’s exclusive control of a payment system that has generated commissions ranging from 15% to 30% on some e-commerce occurring within apps. Apple exhausted its avenue of appeals in the U.S. Supreme Court earlier this year.

Google also pockets billions of dollars annually from a similar commission system within its Play Store for Android phones — a setup that is allowed to continue as long as Google can prevent Donato’s ruling from taking effect.

In its arguments for delaying Donato’s order, Google said it wasn’t being given enough time to make the drastic changes it framed as “a Herculean task creating an unacceptable risk of safety and security failures within the Android ecosystem.” In its Friday statement, Epic blasted Google’s tactics as “fearmongering.”

Google also argued the shake-up would saddle it with unreasonable costs, a contention Donato also brushed aside during Friday’s hearing.

“I don’t want to be glib about it, but the expense that Google might incur appears to be a drop in the bucket compared to the profits it reaps annually from the Play Store,” Donato said.

The Canadian Press. All rights reserved.

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