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Hearing-impaired N.L. student awarded $10,000 after prof refused to wear microphone

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ST. JOHN’S, N.L. — Memorial University is appealing a human rights ruling that found a student with a hearing disability had been discriminated against when one of his professors refused to wear a microphone in class, citing her religious beliefs.

Brodie Gallant, an adjudicator with the Newfoundland and Labrador Human Rights Commission, found the university failed to take appropriate steps to accommodate William Sears, who was told by a history professor that her religious beliefs prevented her from wearing an FM-transmitting microphone.

“It is clear to me that Mr. Sears was deeply affected by the incident and feels strong emotions from these events to this day,” Gallant wrote in the decision dated June 30. The commission awarded Sears $10,000 in damages.

The university says in a statement that it has decided to appeal to the provincial Supreme Court because it believes there were errors of law in the adjudicator’s analysis.

“Memorial has been and continues to be committed to providing programs and services that enable students with disabilities to maximize their educational potential,” the statement says.

Before the start of each semester, Sears, who graduated in 2017, would contact the university’s centre for students with disabilities about his hearing impairment and need for accommodation, the adjudicator’s ruling says. The centre would co-ordinate with instructors so they would wear a microphone transmitter for his FM device, which helped him hear in the classroom.

But his request for accommodation in the “history of espionage” course taught by Ranee Panjabi hit a roadblock.

The decision notes that Panjabi, who has since retired, practised a form of mysticism, “a system of religious beliefs and practices focused on personal experience and a personal, individualized search for the truth, which may also be called the divine.”

According to Panjabi’s beliefs, the decision continues, “the wearing of an FM transmitter on her person would cause a significant disruption and substantial interference with the spiritual balance that must, according to her religion, always prevail.”

The university became aware of Panjabi’s beliefs in 1996 following a complaint on “essentially the same issue,” the adjudicator writes. At that time, the professor and the university reached an agreement that Panjabi would not be required to wear a microphone or other technological devices, and other accommodations would be made for hearing-impaired students.

Nearly two decades later, Sears entered Panjabi’s classroom on Sept. 10, 2015.

“(Memorial University) was or should have been sufficiently aware of the probability that the rights of Mr. Sears and Dr. Panjabi would come into conflict,” the adjudicator writes, “and yet it chose not to adapt its process to the reality of the situation. This is the moment when the opportunity to engage in a proper accommodation process presented itself, and was not followed.”

A few minutes after entering the class, Sears asked Panjabi to wear the microphone. She refused, citing her religious beliefs and her 1996 agreement with the university.

The university says in its statement that Gallant acknowledged Memorial’s efforts to accommodate Sears, address deficiencies, update its policy and invest in technology so as to provide better options for such requests.

“Notwithstanding those positive comments, Memorial feels that there were some reviewable errors of law in the adjudicator’s decision,” it says.

Gallant wrote in his decision that the university’s subsequent efforts to address the deficiencies in its policies and identify alternatives to the FM transmitter were appropriate and reasonable.

“Unfortunately these changes came too late for Mr. Sears,” the decision says.

This report by The Canadian Press was first published Sept. 23, 2022.

— By Hina Alam in Fredericton

 

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RCMP end latest N.B. search regarding teenage girl who went missing in 2021

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BATHURST, N.B. – RCMP in New Brunswick say a weekend ground search for evidence related to the disappearance of a teenage girl in 2021 didn’t reveal any new information.

In an emailed statement, the RCMP said 20 people participated in the search for evidence in the case of Madison Roy-Boudreau of Bathurst.

The release said the search occurred in the Middle River area, just south of the girl’s hometown.

Police have said the 14-year-old’s disappearance is being treated as a homicide investigation.

The RCMP said the search “did not reveal any new information regarding the circumstances of her disappearance.”

There are no plans for another search until police receive a tip or a lead pointing to a new search area.

This report by The Canadian Press was first published Oct. 21, 2024.

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Man Tasered after trespassing in Victoria school, forcing lockdown

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VICTORIA – A middle school in Victoria was forced into a lockdown after a man entered the building without permission, and police say they had to use a stun gun to make an arrest.

Victoria police say officers received multiple calls around noon on Monday of an unknown male entering Central Middle School, leading staff to set off emergency procedures that put the building under lockdown.

Police say its emergency response team arrived within minutes and found the suspect, who “appeared to be in a drug-induced state,” in the school’s library.

A statement from police says the suspect resisted arrest, and officers had to use a Taser to subdue the man.

He’s being held by police and has been assessed by emergency medical staff.

Police say the man was not armed and there were no continuing safety concerns for students and staff following the arrest.

This report by The Canadian Press was first published Oct. 21, 2024.

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B.C. Greens’ ex- leader Weaver thinks minority deal with NDP less likely than in 2017

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VANCOUVER – Former B.C. Green leader Andrew Weaver knows what it’s like to form a minority government with the NDP, but says such a deal to create the province’s next administration is less likely this time than seven years ago.

Weaver struck a power-sharing agreement that resulted in John Horgan’s NDP minority government in 2017, but said in an interview Monday there is now more animosity between the two parties.

Neither the NDP nor the B.C. Conservatives secured a majority in Saturday’s election, raising the prospect of a minority NDP government if Leader David Eby can get the support of two Green legislators.

Manual recounts in two ridings could also play an important role in the outcome, which will not be known for about a week.

Weaver, who is no longer a member of the Greens, endorsed a Conservative candidate in his home riding.

He said Eby would be in a better position to negotiate if Furstenau, who lost her seat, stepped aside as party leader.

“I think Mr. Eby would be able to have fresh discussions with fresh new faces around the table, (after) four years of political sniping … between Sonia and the NDP in the B.C. legislature,” he said.

He said Furstenau’s loss put the two elected Greens in an awkward position because parties “need the leader in the legislature.”

Furstenau could resign as leader or one of the elected Greens could step down and let her run in a byelection in their riding, he said.

“They need to resolve that issue sooner rather than later,” he said.

The Green victories went to Rob Botterell in Saanich North and the Islands and Jeremy Valeriote in West Vancouver-Sea to Sky.

Neither Botterell nor Valeriote have held seats in the legislature before, Weaver noted.

“It’s not like in 2017 when, you know, I had been in the (legislature) for four years already,” Weaver said, adding that “the learning curve is steep.”

Sanjay Jeram, chair of undergraduate studies in political science at Simon Fraser University, said he doesn’t think it’ll be an “easygoing relationship between (the NDP and Greens) this time around.”

“I don’t know if Eby and Furstenau have the same relationship — or the potential to have the same relationship — as Horgan and Weaver did,” he said. “I think their demands will be a little more strict and it’ll be a little more of a cold alliance than it was in 2017 if they do form an alliance.”

Horgan and Weaver shook hands on a confidence-and-supply agreement before attending a rugby match, where they were spotted sitting together before the deal became public knowledge.

Eby said in his election-night speech that he had already reached out to Furstenau and suggested common “progressive values” between their parties.

Furstenau said in her concession speech that her party was poised to play a “pivotal role” in the legislature.

Botterell said in an election-night interview that he was “totally supportive of Sonia” and he would “do everything I can to support her and the path forward that she chooses to take because that’s her decision.”

The Green Party of Canada issued a news release Monday, congratulating the candidates on their victories, noting Valeriote’s win is the first time that a Green MLA has been elected outside of Vancouver Island.

“Now, like all British Columbians we await the final seat count to know which party will have the best chance to form government. Let’s hope that the Green caucus has a pivotal role,” the release said, echoing Furstenau’s turn of phrase.

The final results of the election won’t be known until at least next week.

Elections BC says manual recounts will be held on Oct. 26 to 28 in two ridings where NDP candidates led B.C. Conservatives by fewer than 100 votes after the initial count ended on Sunday.

The outcomes in Surrey City Centre and Juan de Fuca-Malahat could determine who forms government.

The election’s initial results have the NDP elected or leading in 46 ridings, and the B.C. Conservatives in 45, both short of the 47 majority mark in B.C.’s 93-seat legislature.

If the Conservatives win both of the recount ridings and win all other ridings where they lead, Rustad will win with a one-seat majority.

If the NDP holds onto at least one of the ridings where there are recounts, wins the other races it leads, and strikes a deal with the Greens, they would have enough numbers to form a minority government.

But another election could also be on the cards, since the winner will have to nominate a Speaker, reducing the government’s numbers in the legislature by one vote.

Elections BC says it will also be counting about 49,000 absentee and mail-in ballots from Oct. 26 to 28.

The NDP went into the election with 55 ridings, representing a comfortable majority in what was then an 87-seat legislature.

Jeram, with Simon Fraser University, said though the counts aren’t finalized, the Conservatives were the big winners in the election.

“They weren’t really a not much of a formal party until not that long ago, and to go from two per cent of the vote to winning 45 or more seats in the B.C. provincial election is just incredible,” he said in an interview Monday.

Jeram said people had expected Eby to call an election after he took over from John Horgan in 2022, and if he had, he doesn’t think there would have been the same result.

He said the B.C. Conservative’s popularity grew as a result of the decision of the BC Liberals to rebrand as BC United and later drop out.

“Had Eby called an election before that really shook out, and maybe especially before (Pierre) Poilievre, kind of really had the wind in his sails and started to grow, I think he could have won the majority for sure.”

He said he wasn’t surprised by the results of the election, saying polls were fairly accurate.

“Ultimately, it really was a result that we saw coming for a while, since the moment that BC United withdrew and put their support behind the conservatives, I think this was the outcome that was expected.”

— With files from Darryl Greer

This report by The Canadian Press was first published Oct. 21, 2024.

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