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Meng Wanzhou loses federal court battle for CSIS information – CBC.ca

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A federal court judge has refused to give Meng Wanzhou access to sensitive information contained in reports about her arrest produced by Canada’s spy agency.

In a 35-page ruling released Tuesday, Judge Catherine Kane said the information that Canada’s attorney general is trying to keep from public view does not amount to the “missing pieces of the puzzle” the Huawei executive is seeking in an effort to prove that she was the victim of a conspiracy between Canadian and American law enforcement.

Kane’s ruling follows a week of hearings held in late July in relation to redactions — material blacked-out in Canadian Security Intelligence Service (CSIS) documents released to Meng’s lawyers as part of her battle against extradition to the United States.

The CSIS situation reports were prepared in the days before and after the 48-year-old’s arrest at Vancouver International Airport on Dec. 1, 2018. The attorney general argued that certain details in the documents should be shielded from public view under provisions of the Canada Evidence Act dealing with national security and international relations.

But Kane said that, after reviewing the information at the heart of the case, she found that the details in question were not relevant to the arguments Meng hopes to make.

CSIS released these heavily redacted documents to lawyers for Meng as part of extradition proceedings. (Jason Proctor/CBC)

The judge said Meng’s lawyers had argued that they were looking for information about the planning of the Huawei chief financial officer’s arrest, interagency co-operation, the execution of the arrest and evidence gathering. But none of that was contained in the blacked-out portions of the documents CSIS provided.

“The information does not provide the ‘missing pieces of the puzzle’ that Meng seeks,” Kane wrote.

“The redacted information does not respond to or illuminate the allegations of abuse of process and is not the type of information that counsel for Ms. Meng noted would be relevant.”

And even if it had been relevant, the judge said, she wouldn’t have been inclined to release it anyway.

“If any of the redacted information were marginally relevant — which it is not — the court would find that its disclosure would be injurious,” Kane said.

Accused of lying to banker

Meng is fighting extradition to the United States, where she is charged with fraud and conspiracy in relation to allegations that she lied to an HSBC banker about Huawei’s control of a company accused of violating U.S. economic sanctions against Iran.

Prosecutors claim that banks risked loss and prosecution by relying on Meng’s alleged lies to make decisions which saw them continuing to handle Huawei’s finances.

A still from a video taken during Meng’s first few hours in custody. (Court proceedings)

Next month, Meng’s lawyers plan to argue that the case should be tossed because Meng’s rights were violated at the time of her arrest. They claim that Canada Border Services Agency (CBSA) officers detained and questioned Meng without a lawyer, seizing her electronic devices and compelling her to give up the passcodes before her official arrest.

The defence team claims the RCMP then acted at the behest of the FBI to gather and share technical information about Meng’s laptop, phones and tablets, in violation of the Extradition Act.

The Crown released six CSIS documents to the defence earlier this year in response to an order from Associate Chief Justice Heather Holmes, the B.C. Supreme Court judge overseeing the extradition case.

One day of federal court arguments over the redactions was held in public and the rest of the week’s hearings happened behind closed doors, with Meng’s attorneys excluded along with the public.

The attorney general had argued that releasing the hidden information could jeopardize Canada’s already damaged relationship with China and threaten the ability of CSIS to gather information from sources who trust that their identities won’t be revealed.

Decision on 37 more documents to come

Kane noted that the procedure to determine if sensitive details should be disclosed begins with a judge’s decision on the relevance of the information in the proceedings where it is intended to be used.

The judge then has to decide if releasing the information would be injurious and, finally, whether the public interest in disclosure would outweigh the public interest in keeping it sealed.

The CSIS documents in question never cleared the first hurdle in the process, she said.

The decision comes as Holmes is considering similar questions about details kept from public view in 37 more CBSA, RCMP and Department of Justice documents.

The Crown has argued that the information in those documents is protected by privilege associated with communications between lawyers and their clients and public interest.

Meng will make her next appearance in court in Vancouver in September, when her lawyers are expected to argue that her rights have been breached.

She has denied the allegations against her and is currently living under a form of house arrest after being released on $10 million bail in the days after her arrest. She is required to wear a monitoring bracelet on her ankle and is trailed by round-the-clock security.

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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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