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Indigenous, racialized, LGBTQ groups and sex workers criticize online hate bill

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OTTAWA — Members of the LGBTQ community, Indigenous people and racialized groups fear a proposed law tackling online harm could disproportionately curtail their online freedoms and even make them police targets, responses to a government consultation have warned.

The documents, revealed through an access to information request, contain warnings that federal plans to curb online hate speech could lead to marginalized groups, including sex workers, being unfairly monitored and targeted by the police.

Plans for an online hate law, now being considered by an expert panel appointed by Heritage Minister Pablo Rodriguez, would give the Canadian Security Intelligence Service expanded powers to obtain subscriber information from companies. Online platforms may also have to report some posts to the police and security services.

A previous anti-hate law, introduced at the tail end of the last Parliament, died when the election was called.

The government began public consultations on an updated law before the election campaign and has said introducing a bill is a priority.

The feedback from the consultation, disclosed in the access to information request, is helping inform the expert panel set up by Rodriguez to consider how to frame a new law.

“While it is clear action needs to be taken on harmful online content we recognize the concerns expressed around unintended consequences if a thoughtful approach is not taken,” said Ashley Michnowski, director of communications for Rodriguez.

The law would be designed to clamp down on hate speech and abuse — including against women and racialized, Jewish, Muslim and LGBTQ Canadians — by blocking certain websites and forcing platforms to swiftly remove hateful content.

But Canadians from some of these groups said the internet is one of the few platforms where free speech is possible for them and that the law could curtail their rights.

Darryl Carmichael, from the University of Calgary’s law faculty, said in his response that the law risks curbs on racialized and marginalized groups, and could lead to their posts being misconstrued as harmful.

“Black Lives Matter posts have been mistakenly labelled hate speech and removed,” he said, warning that posts such as those raising awareness of missing and murdered Indigenous women and girls could also be removed.

“The result is that the voices of the very groups you seek to protect would be further isolated,” he said.

Sex workers from across Canada warned that such a law could lead to sites they use to carry out safe sex work online being shut down if they are captured by curbs on harmful online sexual content. They also raised fears of risk of arrest because of remarks made in their online sex work.

The Safe Harbour Outreach Project, advocating for the rights of sex workers in Newfoundland and Labrador, warned that the bill could lead to LGBTQ and other marginalized groups being disproportionately harmed as well as sites “crucial for sex workers’ safety” blocked. Its submission expressed fears the law could lead to censorship and mass reporting of many innocent people “already demonized … for their gender expression, race (and) sexuality.”

Some Indigenous people feared the bill could give more power to law enforcement agencies to target them, their speech and protest activities.

The National Association of Friendship Centres, a network of community hubs offering programs and supports for urban Indigenous people, said “Indigenous-led organizing, community and resistance have flourished online,” with protests about “resource extraction and development” relying on social media as “a significant part of their communication strategy.”

“These acts of resistance would easily be framed as anti-government or manifestations of Indigenous cyberterrorism,” it said in its submission, warning of a “risk of governing bodies weaponizing this legislation to identify protests as anti-government.”

Experts say an artificial intelligence algorithm may just pick on keywords, rather than the context or nuance of online remarks, leading to their being misconstrued and triggering the involvement of law enforcement.

Michael Geist, the University of Ottawa’s Canada Research Chair in internet law, who obtained the consultation documents through an access to information request, said “leveraging AI and automated notifications could put these communities at risk.”

He said the level of criticism in the consultation, which includes a string of submissions complaining about curbs on freedom of speech, should be a “wake-up call for the government” that they are taking the wrong approach.

The National Council of Canadian Muslims warned that the government plans could “inadvertently result in one of the most significant assaults on marginalized and racialized communities in years.”

Richard Marceau of the Centre for Israel and Jewish Affairs said a new law clamping down on online hate is necessary, but it “should be properly calibrated to combat hate and make sure that freedom of expression is fully protected.”

The centre’s submission said it is important that the involvement of law enforcement is proportionate and appropriate.

Laura Scaffidi, a spokeswoman for the heritage minister, said the government “took what we heard from Canadians seriously during the consultation that took place last year,” which is why it has appointed an expert advisory group on how to tackle harmful online content.

“We know this is an important issue for Canadians,” she said. “We will take the time we need to get this right.”

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

 

Marie Woolf, The Canadian Press

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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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