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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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COVID-19 in Canada: What a second shutdown might look like – CTV News

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This article was featured in the Nightly Briefing, CTV News’ evening reading recommendation. You can sign up here to receive it each weekday night.

As countries around the world start re-imposing coronavirus restrictions amid spikes in new cases, Canadian politicians and health officials are warning that parts of the country may soon enter a second shutdown.

However, infectious disease physician Dr. Zain Chagla says the second lockdown will not look like the first.

“We’re very different than we were in March, we had no clue how deep this was going to spread into our communities, there was hospital issues in terms of health care utilization, and we really had limited testing and didn’t really understand where this disease was transmitted within our community,” Chagla explained in an interview with CTV’s Your Morning on Thursday.

“So we had to really do something very global to get things to work.”

Now, Chagla said provincial health authorities have a better grasp on what measures work in mitigating the risk of COVID-19.

While Canada’s case numbers are rising, Chagla said the country has access to reasonable testing, healthcare systems aren’t currently overloaded and both the public and officials understand that private, indoor gatherings are largely contributing to the spread of the virus.

He added that having these factors under control gives Canada the opportunity to thoughtfully prepare for a second wave and another possible shutdown.

“We have the luxury of sitting here and actually making some very precise changes to see if we can keep transmission down afterwards, rather than putting everyone through what we did in March and April,” Chagla said.

To avoid a repeat scenario, he explained that policymakers need to keep COVID-19 messaging positive and consistent, plan creative long-term solutions for outdoor facilities, and closely monitor allowable gathering sizes.

“We’re going to have ebbs and flows but these sorts of solutions, what we’re going to be doing for the months and going into the winter and even further than that, are going to have to be sustainable and so that’s where the positive messaging comes from,” Chagla said.

Chagla added that there is a misconception about who is transmitting the virus. He says “there’s a big thought” that recent spikes are all young people that are partying together but in reality, “it’s still families that are having get-togethers” such as weddings and other celebrations where the virus is spreading.

“All of us kind of need to be messaged positively to say ‘OK, [COVID-19] is still here. We can protect our communities. We can do things safely’,” he said.

To help with this, Chagla said outdoor facilities and restaurants need to be better equipped to allow Canadians to safely socialize especially as the country heads into the winter months.

“Making more outdoor facilities gives us the recognition that we need to socialize. We need to actually be around people and there is a way to do it safely with a few more layers, but sparing what’s going to happen to the medical system,” Chagla said.

Additionally, Chagla said policymakers should not impede Canadians’ ability to get tested, but also not encourage over-testing.

As long lines are being reported at COVID-19 testing centres across the country, the federal government has pledged billions in funding to address the issue and improve other pandemic measures.

Infectious disease specialist Dr. Isaac Bogoch told CTV News Channel that the testing wait times stem from a combination of factors, including limited testing capacity and an increased desire from the population to receive a test.

Bogoch said in an interview on Thursday that these factors need to be addressed amid the current rise in cases.

“The capacity currently is significantly better than what it was in for example March or April of this year, but clearly it’s not where it needs to be,” he said.

New testing centres have recently opened in Edmonton and Laval, Que. while another is slated to open soon in Brampton, Ont. However, Bogoch said this still might not be enough.

To address the capacity issue, Bogoch said provinces may have to change their messaging around testing.

“Given the snapshot that we’re in right now, maybe it’s best for messaging to focus on people to get tested if they’re either at risk for getting this infection, if they have any signs or symptoms of infection regardless of how mild, or if they’ve had any possible exposures to this infection,” Bogoch explained.

“Certainly those individuals should be prioritized, but in the same breath of course, you shouldn’t be turned away from a testing centre,” he added.

Amid the testing issues, Chagla says monitoring gathering sizes remains key in managing Canada’s recent COVID-19 spikes.

Ontario Premier Doug Ford is expected to announce that the province will lower limits on social gatherings in its hotspots to stem recent increases in COVID-19 cases. Ford said that the “highest fines in the country” will be put in place to stop people from breaking the regulations but Chagla says the move does not go far enough.

“I think that’s a good symbolic gesture, but there does need to be some enforcement unfortunately for some of these people that take things out of control and lead to a significant public health event,” Chagla said.

Bogoch told CTV News Channel that rolling back gathering limits in Ontario’s hotspots is the “right move.”

“We clearly can’t continue on at the status quo, and there clearly needs to be measures to limit transmission, especially in Toronto, Peel and Ottawa. That’s a smart move,” Bogoch said in an interview on Thursday.

He added that the province will see some benefit from the rollback, if the implementation of the new gathering limits are clearly communicated and enforced.

While Ontario rolls back its gathering limit, Bogoch said other provinces experiencing outbreaks should follow suit.

“We’re seeing widespread community transmission in four provinces. Clearly, we need to clamp back down to get this virus under control,” he said.

“What does clamp down mean? It’s not entirely clear. Different provinces are taking different steps, but it’s obvious that we need to take action now to prevent these cases from rising.”

Last week in Quebec, the government said police can hand out tickets, ranging between $400 and $6,000, to those who don’t have a face covering in indoor public spaces or on public transit.

The province also announced several measures in addition to the fines, including the banning of karaoke and obliging bars to keep registers of clients as infection numbers rise.

In response to its increase in cases, B.C. ordered the immediate closure of nightclubs and banquet halls and reduced restaurant hours last week after daily COVID-19 case numbers were consistently above 100.

“I think we need to all start rethinking about what we need to do to get us through the next few months as a community together, and these are some of the things that we’ll need to put aside for now,” B.C. health officer Dr. Bonnie Henry explained at a news conference.

Canada’s Chief Public Health Officer Dr. Theresa Tam reminded Canadians at a press conference on Tuesday to take precautionary measures if they must socialize, including having hand sanitizer readily available, wearing masks or other face coverings, and cleaning common areas before and after the event.

“The key message is that the time to act is now across the board in terms of reducing some of the contacts you’ve had over the summer months,” Tam said.

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Trump says Canada wants to reopen the border. But do we, really? – CBC.ca

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U.S. President Donald Trump’s comments on Friday suggesting Canada is keen to reopen the border with his country stand in direct contrast to statements made by Canadian officials supporting the continued border restrictions. 

“We’re looking at the border with Canada. Canada would like it open, and, you know, we want to get back to normal business,” Trump said at the White House, adding that “we’re going to be opening the borders pretty soon” to take advantage of the renegotiated NAFTA. 

“We’re working with Canada. We want to pick a good date, having to do with the pandemic. And I happen to think we’re rounding the turn,” Trump said. 

Asked by CBC News to respond, a spokesperson for the Prime Minister’s Office pointed to a tweet from Public Safety Minister Bill Blair earlier in the day, saying the border will remain closed to non-essential travel until at least Oct. 21. 

“We will continue to base our decisions on the best public health advice available to keep Canadians safe,” Blair wrote.

WATCH | Trump suggests U.S-Canada border could reopen soon:

U.S. President Donald Trump responded to a question about the border as he left the White House on Friday. 0:48

When CBC first reported on the extension of restrictions into October — they were due to expire this week — one source said Canadians should prepare for them to last even longer. 

The official stopped short, however, of saying they would remain until Christmas, but that the policy was open to tweaks. 

Three senior sources with direct knowledge of the situation, speaking to CBC News on condition they not be named, have repeatedly expressed — over recent months and again on Friday — how pleased they are with the current restrictions. 

One source said both Canada and the U.S. see them as effective and as strong, co-operative measures necessary to respond to the pandemic.

Keeping Canadians safe

Kirsten Hillman, Canada’s ambassador to the U.S., said last week that she speaks with U.S officials about the border restrictions on a weekly basis and there is a general agreement the current situation is working well. 

“The measures are doing what they were designed to do … to allow the flow of commercial goods and essential services while controlling the spread of the virus and reduce the risk to our citizens on both sides,” Hillman said.

“When push comes to shove, our No. 1 goal is going to be to keep Canadians safe.”  

Blair told reporters Wednesday that he’s looking to make adjustments to allow more travel on humanitarian grounds, but that any changes will be limited and that, broadly, he wants to keep the restrictions. 

90% support 

With COVID-19 caseloads still high in many U.S. states, public opinion surveys have also suggested there’s little appetite in Canada for change.

A new poll by Research Co. found earlier this month that out of 1,000 Canadians surveyed online at the end of August, 90 per cent agreed with the current restrictions.

The world’s longest international border has been closed to non-essential travel for months though essential workers — such as truck drivers and health-care professionals — are still able to cross by land. Canadians are also still able to fly to U.S. destinations.

Ottawa has also moved to curb the movement of Americans through Canada on their way to Alaska. U.S. travellers destined for the northern state have been limited to five crossings in Western Canada and they must commit to taking a direct route.

In June, a man travelling from Alaska to the continental United States was charged with violating Canada’s Quarantine Act. He was accused of twice failing to follow COVID-19 public safety rules while in Banff, Alta.

If he’s found to have violated a quarantine order, he could be fined up to $750,000 or sentenced to six months in jail.

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75% of Canadians approve of another coronavirus shutdown if second wave hits: Ipsos – Global News

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Canadians would largely be supportive of another widespread shutdown if a second wave of the coronavirus occurred, new polling from Ipsos suggests.

In a survey conducted on behalf of Global News, Ipsos found that 75 per cent of respondents would approve of quickly shutting down non-essential businesses in that scenario, with 37 per cent strongly supporting the idea.

Read more:
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About three quarters said they anticipated a second wave to hit their communities this fall.

The polling comes as Canada sees a dramatic resurgence in the virus, along with long lines for testing in some cities. In the last two weeks, the number of cases being reported across the country each day has risen by nearly 50 per cent.

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0:46
Coronavirus: Patty Hajdu says she won’t rule out another economic shutdown if COVID-19 cases continue to rise


Coronavirus: Patty Hajdu says she won’t rule out another economic shutdown if COVID-19 cases continue to rise

In her most recent update, Canada’s chief public health officer said the uptick was cause for concern.

“With continued circulation of the virus, the situation could change quickly and we could lose the ability to keep COVID-19 cases at manageable levels,” Dr. Theresa Tam said in a statement.

Ipsos Public Affairs CEO Darrell Bricker said as case counts rise, support for lockdown measures similar to what we saw when the pandemic broke out in the spring will likely increase.

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“People are really watching on a daily basis … (the) number of case counts going up, and they’re really worried,” he said.

[ Sign up for our Health IQ newsletter for the latest coronavirus updates ]

The support shown for shutdown measures in Canada is in line with an international trend, Bricker said. Ipsos polling shows people in many countries are generally on board with the unprecedented measures taken to combat the spread of COVID-19, though Canadians tend to show stronger approval.

“There is, generally speaking, a fairly consistent view that we need to be careful, that this is a real problem, that they believe that shutdowns and controls are a way of dealing with it,” he said.

There were, however, some differences across the country when it comes to how well Canadians think their governments are prepared for a potential second wave.

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Nationally, 71 per cent said they’re confident their province is ready, with 29 per cent disagreeing. But the proportion of those critical of their province’s ability to handle another wave of the virus was highest in Saskatchewan and Manitoba, at 42 per cent.

Read more:
Time to stock up again? The likelihood of empty shelves in a second coronavirus wave

Just under two thirds of Canadians are concerned about contracting the virus themselves. Even though those who are older are most at risk, the bigger difference was between genders, the polling revealed. Seventy-two per cent of women said they were concerned versus 55 per cent of men.

Bricker said that result is part of a larger pattern shown in health polling data more generally.

“They tend to pay less attention to their health,” he said of men. “They tend to be less concerned about things that are risky.”

The poll also looked at the issue of mandatory vaccination in the event a vaccine is developed and approved. Almost two thirds, or 63 per cent of those asked, said they thought the vaccine should be mandatory, a figure that is down nine points since July.

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The survey was conducted between Sept. 11 and 14 — after the start of the school year for most Canadian families. There have already been outbreaks reported at schools in a few provinces.

Thirty-eight per cent of respondents said they felt schools were opening up too quickly, while about half — 53 per cent — said the speed of reopening has been just right.

This Ipsos poll was conducted between Sept. 11 and 14, 2020, on behalf of Global News. For this survey, a sample of 1,000 Canadians aged 18+ was interviewed online. Quotas and weighting were employed to ensure that the sample’s composition reflects that of the Canadian population according to census parameters. The precision of Ipsos online polls is measured using a credibility interval. In this case, the poll is accurate to within ± 3.5 percentage points, 19 times out of 20, had all Canadians aged 18+ been polled.

© 2020 Global News, a division of Corus Entertainment Inc.

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