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Weather, eased COVID-19 restrictions fuel spike in irregular Canada-U.S. migration

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WASHINGTON — Warmer weather and fading fears about COVID-19 have immigration experts warning of more irregular efforts to cross the Canada-U.S. border — and not only in one direction.

While Canada has for years been a destination for desperate asylum seekers who avoid official entry points in hopes of staking a refugee claim, anecdotal evidence suggests U.S. border guards are encountering more people who are headed the other way.

The latest incident came late last month, when six Indian nationals were rescued from a sinking boat in the St. Regis River, which runs through Akwesasne Mohawk territory that extends into southeastern Ontario, southwestern Quebec and northern New York state.

A seventh person, spotted leaving the vessel and wading ashore, was later identified as a U.S. citizen. Brian Lazore is now in custody in what U.S. Customs and Border Protection officials are characterizing as a human smuggling incident.

Court documents say Lazore specifically asked the six people on the boat, which had no life vests or water safety equipment, whether they could swim. All six replied, “No swim,” the documents say.

It’s the second high-profile incident involving Indian nationals in recent months. In January, a family of four died of exposure in blizzard-like conditions in Manitoba, just metres from the Canada-U.S. border, as part of what officials in Minnesota have alleged was a similar human smuggling effort.

Border guards and experts alike say that after nearly two years of rigid travel restrictions and strict health-policy enforcement, illegal and irregular migration is beginning to ramp back up towards pre-pandemic levels.

Border authorities in Maine have also recently encountered carloads of illegal migrants, including five Romanian nationals who entered last month from Canada and had no legal right to be in the U.S., where concerns about illegal migration at the southern border captures daily headlines.

Customs and Border Protection did not respond to media questions about two other April incidents involving a total of 22 people, including 14 from Mexico and seven from Ecuador, including which direction they were travelling when they were stopped.

Chief Patrol Agent William Maddocks, who oversees that sector, said in a statement that border officials have seen a “notable increase of foreign nationals with criminal history” in the area in recent weeks.

In Canada, there’s already evidence of a significant increase in the flow of migrants to Roxham Road, a spot near the border town of Hemmingford, Que., that in recent years has become arguably Canada’s most popular unofficial border crossing.

Streams of people, as many as 5,700 in August 2017 alone, would make their way to the junction, where the Safe Third Country Agreement — a Canada-U.S. treaty that turns around would-be refugees who try to make a claim at an official crossing — doesn’t currently apply.

Canada eased its own pandemic-related immigration restrictions late last year, and the number of asylum seekers at the border has increased in turn since then.

Police intercepted more than 7,000 people entering Canada between official entry points in December 2021 and January and February of this year, almost entirely in Quebec — a frigid stretch when irregular migration is normally at its lowest ebb. Prior to the pandemic in 2019, RCMP reported only about 2,700 interceptions for those same months.

“We weren’t particularly surprised with those numbers, because we had heard lots of stories,” said Frances Ravensbergen, a resident of Hemmingford who helps to co-ordinate the efforts of Bridges Not Borders, an outreach group for migrants in the area.

Experts say the quieter days brought on by COVID-19 are likely at an end.

“I think we’ll see a return to pre-pandemic levels as travel restrictions ease across the globe,” said Sharry Aiken, a law professor at Queen’s University in Kingston, Ont., who specializes in immigration policy.

Even though the threat of COVID-19 has by no means retreated, the trend around the world has been to ease restrictions at the border for both travellers who are crossing legally and for those seeking to claim asylum, Aiken said.

“To the extent that it’s now easier for people to leave their own countries and travel through other countries, it’s reasonable to assume that the pre-pandemic numbers in relation to traffic across our shared northern border will return.”

As for whether the U.S. needs to brace for a significant increase of illegal migration from Canada, Aiken said any such spike would surely pale in comparison with the challenge border security and immigration officials face at the southwest border.

“This problem … is not necessarily coming to public attention, and one can assume that some of it is going on without ever coming to public attention,” she said. “But it’s still not a logical leap to assume that the traffic into the U.S. is anything resembling a steady flow. And I suspect it’s much more an aberration than the norm.”

The immigration picture in the U.S. has been dominated since the onset of COVID-19 in March 2020 by Title 42, the 1940s-era regulation invoked by former president Donald Trump that allows health authorities to turn away migrants if they are deemed a potential health threat.

President Joe Biden has already announced plans to end Title 42 later this month, though it’s not clear whether that will happen on schedule given concerns in Congress and in the courts about the risk of a fresh surge of irregular migration.

The numbers at the northern border suggest an increase is already underway.

In March alone, U.S. Customs and Border Protection reported 7,813 encounters — people deemed inadmissible due to their immigration status or under Title 42 — at or near the Canada-U.S. border, compared with just 1,989 in the same month of 2021.

The pandemic also interrupted a trend that had largely gone unnoticed in the years prior: a steady increase in the number of people apprehended near the northern border after entering the U.S. illegally from Canada.

U.S. Border Patrol officials working in the eight northern sectors made just 2,283 apprehensions during the fiscal year 2016 — a total that reached just over 4,400 apprehensions for the 12 months of fiscal 2019 before the onset of the pandemic in March 2020.

This report by The Canadian Press was first published May 9, 2022.

 

James McCarten, The Canadian Press

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‘Do the work’: Ottawa urges both sides in B.C. port dispute to restart talks

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VANCOUVER – The federal government is urging both sides in the British Columbia port dispute to return to the table after Saturday’s collapse of mediated talks to end the lockout at container terminals that has entered its second week.

A statement issued by the office of federal Labour Minister Steven MacKinnon on Monday said both the port employers and the union representing more than 700 longshore supervisors “must understand the urgency of the situation.”

The statement also urged both sides to “do the work necessary to reach an agreement.”

“Canadians are counting on them,” the statement from MacKinnon’s office said.

The lockout at B.C. container terminals including those in Vancouver — Canada’s largest port — began last week after the BC Maritime Employers Association said members of International Longshore and Warehouse Union Ship and Dock Foremen Local 514 began strike activity in response to a “final offer” from employers.

The union said the plan was only for an overtime ban and a refusal to implement automation technology, calling the provincewide lockout a reckless overreaction.

On Saturday, the two sides began what was scheduled to be up to three days of mediated talks, after MacKinnon spoke to both sides and said on social media that there was a “concerning lack of urgency” to resolve the dispute.

But the union said the talks lasted “less than one hour” Saturday without resolution, accusing the employers of cutting them off.

The employers denied ending the talks, saying the mediator concluded the discussions after “there was no progress made” in talks conducted separately with the association and the union.

“The BCMEA went into the meeting with open minds and seeking to achieve a negotiated settlement at the bargaining table,” a statement from the employers said.

“In a sincere effort to bring these drawn-out negotiations to a close, the BCMEA provided a competitive offer to ILWU Local 514 … the offer did not require any concessions from the union and, if accepted, would have ended this dispute.”

The employers said the offer includes a 19.2 per cent wage increase over a four-year term along with an average lump sum payment of $21,000 per qualified worker, but the union said it did not address staffing levels given the advent of port automation technology in terminals such as DP World’s Centerm in Vancouver.

After talks broke off, the union accused the employers of “showing flagrant disregard for the seriousness of their lockout.”

Local 514 president Frank Morena said in a statement on Saturday that the union is “calling on the actual individual employers who run the terminals to order their bargaining agent — the BCMEA — to get back to the table.”

“We believe the individual employers who actually run the terminals need to step up and order their bargaining agent to get back to the table and start negotiations and stop the confrontation,” Morena said.

No further talks are currently scheduled.

According to the Canada Labour Code, the labour minister or either party in a dispute can request a mediator to “make recommendations for settlement of the dispute or the difference.”

In addition, Section 107 of the Code gives the minister additional powers to take action that “seem likely to maintain or secure industrial peace and to promote conditions favourable to the settlement of industrial disputes,” and could direct the Canada Industrial Relations Board “to do such things as the Minister deems necessary.”

Liam McHugh-Russell, assistant professor at Schulich School of Law at Dalhousie University, said Section 107 “is very vague about what it allows a minister to do.”

“All it says is that the minister can refer a problem and a solution to the Labour Board. They can ask the Labour Board to try and solve the problem,” he said.

“Maybe the minister will try to do that. It remains to be seen.”

The other option if mediated talks fail — beyond the parties reaching a solution on their own — would be a legislated return to work, which would be an exception to the normal way labour negotiations operate under the Labour Code.

Parliament is not scheduled to sit this week and will return on Nov. 18.

The labour strife at B.C. ports is happening at the same time another dispute is disrupting Montreal, Canada’s second-largest port.

The employers there locked out almost 1,200 workers on Sunday night after a “final” offer was not accepted, greatly reducing operations.

This report by The Canadian Press was first published Nov. 11, 2024.



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Man facing 1st-degree murder in partner’s killing had allegedly threatened her before

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LONGUEUIL, Que. – A man charged with first-degree murder in the death of his partner in a Montreal suburb was out on bail for uttering threats against her when she was killed.

Shilei Du was charged today with the killing of 29-year-old Guangmei Ye in Candiac, Que., about 15 kilometres southwest of Montreal.

Sgt. Frédéric Deshaies of the Quebec provincial police says their investigators were called by local police to a home in Candiac at about noon on Sunday.

The charges filed at the Longueuil courthouse against 36-year-old Du allege the killing took place on or around Nov. 7.

According to court files, Du had previously appeared at the same courthouse for allegedly uttering threats to cause death or bodily harm against Ye on Sept. 7.

Du pleaded not guilty the following day and was released on bail one day later. He had been present in court on the uttering threats charges on Nov. 6.

Du, whose current address is listed in Montreal, was arrested on Sunday at the home where Ye was killed.

The case is scheduled to return to court on Nov. 19.

This report by The Canadian Press was first published Nov. 11, 2024.

The Canadian Press. All rights reserved.



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Wisconsin’s high court to hear oral arguments on whether an 1849 abortion ban remains valid

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MADISON, Wis. (AP) — The Wisconsin Supreme Court will hear oral arguments Monday on whether a law that legislators adopted more than a decade before the Civil War bans abortion and can still be enforced.

Abortion rights advocates stand an excellent chance of prevailing, given that liberal justices control the court and one of them remarked on the campaign trail that she supports abortion rights. Monday’s arguments are little more than a formality ahead of a ruling, which is expected to take weeks.

Wisconsin lawmakers passed the state’s first prohibition on abortion in 1849. That law stated that anyone who killed a fetus unless the act was to save the mother’s life was guilty of manslaughter. Legislators passed statutes about a decade later that prohibited a woman from attempting to obtain her own miscarriage. In the 1950s, lawmakers revised the law’s language to make killing an unborn child or killing the mother with the intent of destroying her unborn child a felony. The revisions allowed a doctor in consultation with two other physicians to perform an abortion to save the mother’s life.

The U.S. Supreme Court’s landmark 1973 Roe v. Wade ruling legalizing abortion nationwide nullified the Wisconsin ban, but legislators never repealed it. When the Supreme Court overturned Roe two years ago, conservatives argued that the Wisconsin ban was enforceable again.

Democratic Attorney General Josh Kaul filed a lawsuit challenging the law in 2022. He argued that a 1985 Wisconsin law that allows abortions before a fetus can survive outside the womb supersedes the ban. Some babies can survive with medical help after 21 weeks of gestation.

Sheboygan County District Attorney Joel Urmanski, a Republican, argues the 1849 ban should be enforceable. He contends that it 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 old 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 lower appellate courts to rule first. The court agreed to take the case in July.

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 court agreed in July to take that case as well. The justices have yet to schedule oral arguments.

Persuading the court’s liberal majority to uphold the ban appears next to impossible. Liberal Justice Janet Protasiewicz stated openly during her campaign that she supports abortion rights, a major departure for a judicial candidate. Usually, such candidates refrain from speaking about their personal views to avoid the appearance of bias.

The court’s three conservative justices have accused the liberals of playing politics with abortion.

The Canadian Press. All rights reserved.



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