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Inquiry into Emergencies Act urged to recommend greater oversight of police

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OTTAWA — Lawmakers should define how to maintain government oversight of law enforcement while ensuring police independence more clearly, experts told a public inquiry Thursday, arguing that the understanding of where to draw the line has long been too vague.

The concepts of police oversight and independence came up time and again over six weeks of fact-finding testimony at the Public Order Emergency Commission, which is investigating the federal Liberal government’s use of the Emergencies Act last winter.

Throughout the inquiry hearings, police and politicians described a separation between police operations and policy, and said politicians and police boards should never direct operations.

The line was often described as a separation between church and state.

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“For me, it’s pretty clear. Anything operational, we’re advising what’s happening, but we’re not taking direction on how to do things,” RCMP Commissioner Brenda Lucki testified on Nov. 15. She suggested the federal government should use legislation to more clearly define the line that politicians should not cross.

While an expert panel of witnesses agreed Thursday that the line should be more clearly defined, Guelph University political science professor Kate Puddister said such a stark distinction is unhelpful.

“My perspective is that this distinction, in an attempt to draw a clear line between the two, does a disservice,” she said. “This formulation allows governments to shirk responsibilities with respect to policing, perhaps as a method of political strategy.”

The commission is looking at the events that led up to the government’s emergency declaration in response to the weeks-long “Freedom Convoy” protest in Ottawa and similar protests at border crossings across Canada.

Beyond assessing whether the move was appropriate, the inquiry also has a mandate to make recommendations about how to modernize the law and suggest areas where further study could be warranted.

After hours of testimony from Prime Minister Justin Trudeau concluded the first phase of the inquiry last Friday, the commission has turned to a second phase of expert testimony on a range of issues related to the protests.

The police governance experts who testified Thursday reaffirmed the importance of police services being independent of political interference. Otherwise, they risk being seen as “a tool of the government of the day,” as Ryan Teschner, the executive director of the Toronto Police Services Board, said in his testimony.

But all agreed that police need more oversight over some elements of their operations.

“We have for too long had a rather vague and sometimes often overblown conception of police independence from government,” Teschner said.

Michael Kempa, a criminologist with the University of Ottawa, suggested legislators “simply jettison the term ‘operations’ altogether,” and define police independence “in terms of the exercise of their powers of investigation, arrest and the laying of charges.”

The experts also said that all police services in Canada should have some kind of civilian oversight body, such as a police commission or board.

Most urban police services in Canada are watched by such entities, but provincial police and RCMP are not. The RCMP commissioner reports directly to the federal minister of public safety.

Creating a board would mean that any political direction to police would be public and documented, and it would ensure that “ministerial direction is appropriate and given when necessary,” Puddister said.

Commissioner Paul Rouleau said some of the panel’s recommendations may make their way into his final report, though he wouldn’t say which.

During a second afternoon session, experts discussed the ways that different levels of government, including First Nations governments, work together in an emergency.

Judith Sayers, president of the Nuu-chah-nulth Tribal Council, recommended that the Emergencies Act be ammended to require consultation with First Nations in addition to provincial and municipal governments.

“Neither the Emergencies Act or the Emergency Management Act mentions First Nations as governments. Everyone else gets notice,” Sayers said.

“Yet when emergencies happen, it is First Nations lives at stake, their lands, resources and their ability to carry out their section 35 protected rights.”

The specifics about which First Nations should be consulted could vary depending on the emergency at hand, she said.

Cal Corley, CEO of the Community Safety Knowledge Alliance, said more consultation between levels of government could prevent the need to invoke an emergency in the first place.

He said if there are “intentional proactive measures” between federal, provincial, territorial, First Nations and municipal governments to address large-scale protests and emergencies, “it should, in most cases and circumstances, establish conditions that negate the need for governments to even consider invoking the federal Emergencies Act.”

Rouleau and his team must deliver their findings by Feb. 6, with the commission’s final report to be made public by Feb. 20.

This report by The Canadian Press was first published Dec. 1, 2022.

 

Laura Osman, The Canadian Press

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UPEI students offered $1,500 to leave residence during Canada Games – CBC.ca

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Some UPEI students are earning extra money during the mid-semester break this year, simply by packing up and leaving campus. 

The 2023 Canada Winter Games Host Society offered $1,500 each to students living in Andrew Hall if they give up their residence rooms to make space for arriving athletes. 

The students have to leave a few days before the break starts, on Feb. 17, and can return March 7. They also had to give up their meal plan for the duration.

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Many athletes are staying at UPEI’s new 260-bed residence, built to meet accommodation requirements for the Games’ temporary athlete village.

But Wayne Carew, chair of the Games, said there are 120 more athletes coming than originally planned. 

A portrait of a man standing outside, wearing a jacket with the Canada Winter Games logo.
Organizers want the athletes all to stay on the UPEI campus so they can have ‘the experience of a lifetime,’ says Wayne Carew, chair of the 2023 Canada Winter Games Host Society. (Tony Davis/CBC)

“We ended up getting 44 rooms [in Andrew Hall] and that’s great,” said Carew.

He said the athletes staying at UPEI “are going to have a wild experience on the campus of the beautiful University of Prince Edward Island.” 

Carew said the costs of doing this are a “lot cheaper” than arranging accommodations elsewhere. But he said the main reason is to provide all athletes the same, “once-in-a-lifetime” experience.

“Where they live, the food and the camaraderie and the experience of a lifetime: that’s what they’ll remember in 20 years’ time about P.E.I.,” he said.

‘Pretty good deal’

Some students were eager to take the organizers up on their offer.

“I’m going away to Florida during the two-week break anyways. So I was like, ‘May as well let them use my room then,'” said Hannah Somers. 

Portrait of a man in a toque and a grey sweater standing in front of a residence hall.
UPEI student Benji Dueck is moving in with a friend during the Canada Games so he can get the $1,500 offer. (Tony Davis/CBC)

“It’s $1,500. Pretty nice,” said Benji Dueck, who agreed to vacate the room with his roommate.  “We’re moving out, living with a friend in the city. So, sounds like a pretty good deal to me.”

As part of the agreement, the students had to clear out their rooms. Canada Games organizers made arrangements so students could store their belongings.

But not all students thought it was a good deal.

Portrait of a woman in a black down jacket standing in front of a residence hall.
UPEI student Maria de Torres won’t be leaving residence during the Canada Games. ‘It’s just too hard to pack up. It’s just too hectic,’ she says. (Tony Davis/CBC)

“I’m not giving up my spot in Andrew Hall for $1,500,” said Maria de Torres. “It’s just too hard to pack up. It’s just too hectic. And since I’m an international student, I got a lot [of things] right now.”

Shelby Dyment is also staying in Andrew Hall. Dyment said she and her roommate are working as residence life assistants during the mid-semester break and she’s also doing directed study, so she has to stay on campus.

“There’s a lot of people doing it. It’s just for our situation it just wasn’t working for what we were doing,” she said.

In a statement, UPEI said that enough students had accepted the offer to host all the athletes. 

It said the host society made all the arrangements with the students, including paying for their incentives and arranging for storage.

Organizers expect about 3,600 athletes, coaches and officials to participate in the Games. The event will run from Feb. 18 to March 5.

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Germany won't be a 'party to the war' amid tanks exports to Ukraine: Ambassador – CTV News

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The German ambassador to Canada says Germany will not become “a party to the conflict” in Ukraine, despite it and several other countries announcing they’ll answer President Volodymyr Zelenskyy’s pleas for tanks, possibly increasing the risk of Russian escalation.

Sabine Sparwasser said it’s a “real priority” for Germany to support Ukraine, but that it’s important to be in “lockstep” coordination with other allied countries.

“There is a clear line for Germany,” she told CTV’s Question Period host Vassy Kapelos, in an interview airing Sunday. “We do want not want to be a party to the conflict.”

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“We want to support, we want to do everything we can, but we, and NATO, do not want to be a party to the war,” she also said. “That’s I think, the line we’re trying to follow.”

Defence Minister Anita Anand announced this week Canada will send four Leopard 2 battle tanks — with the possibility of more in the future — to Ukraine, along with Canadian Armed Forces members to train Ukrainian soldiers on how to use them.

Canada first needed permission from Berlin to re-export any of its 82 German-made Leopard 2 tanks to Ukraine. After a meeting of 50 defence leaders in Germany earlier this month, it was unclear whether Germany would give the green light.

But following what German Chancellor Olaf Scholz called “intensive consultations,” Germany announced on Jan. 25 it would send tanks to Ukraine, and the following day, Canada followed suit. It is now joining several other countries, including the United States, the United Kingdom, and Poland, which are sending several dozen tanks to Ukraine.

NATO Secretary General Jens Stoltenberg said this week the tanks would allow Ukraine to “significantly strengthen their combat capabilities.”

“It demonstrates also the unit and the resolve of NATO allies in partners in providing support to Ukraine,” he said.

Meanwhile Sparwasser said Germany is “walking that fine line” of avoiding steps that could prompt escalation from Russia, while supporting Ukraine, and staying out of the war themselves.

“I think it’s very important to see that Germany is very determined and has a real priority in supporting Ukraine in its struggle for freedom and sovereignty,” Sparwasser said. “But we also put a high priority on going it together with our friends and allies.”

Sparwasser said despite warnings from Russia that sending tanks to Ukraine will cause an escalation, Germany is within international law — specifically Article 51 of the United Nations Charter — to provide support to Ukraine.

“Ukraine is under attack has the right to self defence, and other nations can come in and provide Ukraine with the means to defend itself,” Sparwasser said. “So in international law terms, this is a very clear cut case.”

She added that considering “Russia doesn’t respect international law,” it’s a more impactful deterrent to Russia, ahead of an expected spring offensive, to see several countries come together in support of Ukraine.

With files from the Associated Press

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COVID: Canada retaining Evusheld – CTV News

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While Health Canada says it is “aware” of the U.S. decision to withdraw the emergency use of Evusheld, a drug by AstraZeneca used to help prevent COVID-19 infection— the agency is maintaining its approval, citing the differences in variant circulation between Canada and the U.S.

The U.S. Food and Drug Administration (FDA) announced on Jan. 26 that its emergency use authorization of the drug was pulled due to its inefficacy in treating “certain” COVID-19 variants.

The FDA stated in a release on its website that as the XBB.1.5. variant, nicknamed “Kraken”, is making up the majority of cases in the country, the use of Evusheld is “not expected to provide protection” and therefore not worth exposing the public to possible side effects of the drug, like allergic reactions.

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In an email to CTVNews.ca, Health Canada said the U.S. Food and Drug Administration pulled the drug as the main variant of concern in the U.S. is XBB.1.5.

“Dominant variants in the [U.S.] may be different from those circulating in Canada,” the federal agency said in an email. “The most recent epidemiological data in Canada (as of January 1, 2023) indicate that BA.5 (Omicron) subvariants continue to account for more than 89 per cent of reported cases.”

On Jan. 6 the FDA said in press release that certain variants are not neutralized by Evusheld and cautioned people who are exposed to XBB.1.5. On Jan. 26, the FDA then updated its website by saying it would be limiting the use of Evusheld.

“Evusheld is not currently authorized for use in the U.S. until further notice by the Agency,” the FDA website states.

On Jan. 17, Health Canada issued a “risk communication” on Evusheld, explaining how it may not be effective against certain Omicron subvariants when used as a preventative measure or treatment for COVID-19.

“Decisions regarding the use of EVUSHELD should take into consideration what is known about the characteristics of the circulating COVID-19 variants, including geographical prevalence and individual exposure,” Health Canada said in an email.

Health Canada says Evusheld does neutralize against Omicron subvariant BA.2, which according to the agency, is the dominant variant in many communities in Canada.

The drug was introduced for prevention measures specifically for people who have weaker immune systems and are unlikely to be protected by a COVID-19 vaccine. It can only be given to people 12 years and older.

“EVUSHELD is not a substitute for vaccination in individuals for whom COVID-19 vaccination is recommended,” the agency’s website reads.

Health Canada says no drug, including Evusheld, is a substitute for vaccination.

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