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Weed or habitat? Ontario cities must 'rethink' their approach to yard complaints, says lawyer – CBC.ca

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After London workers cut down a monarch butterfly habitat without the homeowner’s permission, an environmental lawyer says Ontario cities must re-examine policies addressing complaints over butterfly-friendly wild flowers.

Susan McKee returned from vacation in July only to discover her pollinator garden, once bustling with monarch butterflies and bees, was mowed down by city workers while she was away. She said the garden was used by neighbours as a source of eggs to help colonize nearby gardens with the embattled insect. 

McKee got three tickets totalling $300 in cleanup, inspection and administration fees because city workers had to deal with “tall weeds and grass” on her property.

In doing so, workers removed more than a dozen varieties of plants, including milkweed — a plant considered a vital habitat for monarch butterflies, a once pervasive insect that was declared endangered just weeks ago by an international consortium of science and conservation groups. 

Whether city workers violated the Species at Risk Act when they destroyed monarch butterfly habitat would be a question for a court to decide, said Theresa McClenaghan, executive director and counsel for the Canadian Environmental Law Association (CELA). 

Monarch subject to federal management plan

“It would be a question of whether the city’s action was contravening a restoration plan that had been approved under the Species at Risk Act,” McClenaghan said.

The monarch butterfly is subject to a federal management plan that has existed since 2016. It encourages “the creation of butterfly gardens using milkweed species native to the area” and “conserving milkweeds and other nectar-producing garden plants in home and school gardens.”

Children such as this eight-year-old use London, Ont., resident Susan McKee’s garden as a source of eggs to help colonize nearby gardens with the monarch. McKee’s garden, once bustling with monarchs and bees, was mowed down by city workers while she was away. (Michelle Both/CBC)

But according to the City of London, it didn’t do anything wrong. Spokesperson Jo Ann Johnston wrote in an email to CBC News that federal protections for endangered species only apply to “federal lands” and  “the actions taken were on private and city property.”

“We know the importance of pollinator gardens and providing habitats for species that are at risk, and we recognize how critical they are not only for the species, but for all of us,” she wrote. 

The actions taken were limited to this property and were as a result of complaints related to the yard and lot maintenance bylaw.– Jo Ann Johnston, City of London

“The city actively includes pollinator habitat and monarch habitat in buffer restoration and other naturalization projects. In this instance, the actions taken were limited to this property and were as a result of complaints related to the yard and lot maintenance bylaw.”

McClenaghan, however, said “there should be a rethink” of the way Ontario municipalities deal with complaints about vegetation neighbours might find loathsome or unsightly, especially when it comes to milkweed in pollinator gardens.

McClenaghan said a June 2001 Supreme Court decision ruled local communities have a legal responsibility to look after nature when it upheld the Quebec town of Hudson’s ban on cosmetic pesticide use after it was challenged by a pest control company. 

“The Supreme Court of Canada said municipalities are ‘trustees of the environment,’ they’re part of the solution.”

With that in mind, she said, it’s a particularly bad look for “the Forest City,” which declared a climate emergency in April 2019 and has drafted an ambitious, decades-long plan to create a more harmonious balance between local human activity and nature. 

It’s quite ironic then when a municipality goes out and chops down milkweed.– Theresa McClenaghan

“Loss of habitat is highly connected to climate change,” McClenaghan said, noting the insect has become a potent emblem of a continent-wide push for better environmental stewardship.

Monarch butterflies are “the symbol of Canada, the U.S. and Mexico’s environmental co-operation agreement, so it’s quite ironic then when a municipality goes out and chops down milkweed,” she said. “It’s very dated thinking.”

Monarchs will only lay their eggs on milkweed

Milkweed may no longer be considered a noxious weed by the Ontario government, but it still isn’t seen as a good thing by the province’s Ministry of Agriculture Farming and Rural Affairs, which notes “milkweed species are generally thought to be poisonous to livestock.”

‘Monarch butterfly females will only lay their eggs on different species of milkweed,’ says Jeremy McNeil, a professor of biology at Western University who studies insects.  (Mary Garshore/Nature Conservancy of Canada)

“Monarch butterfly females will only lay their eggs on different species of milkweed,” said Jeremy McNeil, a Western University professor of biology who studies insects. 

“Once the eggs hatch, the caterpillars will feed on those. You can put them on another plant and they will not feed. They’re specialists.”

McNeil said monarchs have learned to digest and store the same toxic milkweed compounds in their bodies that make the plants poisonous to livestock, so the butterflies are unpalatable to predators. 

McNeil said years of education on milkweed has slowly reshaped our understanding of the plant as a vital source of food for the insect.

“We have to ensure that milkweed is here in the summer months when they are breeding, that is for sure. But it’s not the only thing that’s affecting them over the years.” 

McNeil said monarch butterflies embark on an incredible journey each spring, leaving their overwintering grounds in the Mexican mountains and flying north thousands of kilometres to their breeding grounds in Canada. 

Opening more land to agriculture, pesticide use and changes to weather patterns brought on by climate change have made the voyage all the more perilous because they affect the numbers of plants the insects can feed on. 

WATCH | Experts speak on what’s contributed to the decline of monarch butterflies:

Monarch butterflies added to endangered species list

12 days ago

Duration 2:11

The International Union for the Conservation of Nature has added the migratory monarch butterfly to its list of endangered species.

“If you’re driving and you can’t find a gas station, what’s going to happen?” McNeil said.

“For whatever climatic reason, if there are way fewer flowers in a given year, then guess what? There’s going to be less fuel available, they might die and if they don’t die, they’re going to have a reduced fecundity.”

McNeil said this year’s drought has had a significant effect on butterfy numbers. In his field work, he visited 99 milkweed plants and found only one larva. 

“It really was the most abundant butterfly you would see around,” he said. “The number this year was extremely low.”

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Danielle Smith: Facts about Alberta’s new premier, United Conservative Party leader

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CALGARY — Former journalist and business owner Danielle Smith won the United Conservative Party’s leadership race on Thursday and, in doing so, becomes Alberta’s next premier. Here are some facts about Smith:

Born: April 1, 1971 in Calgary.

Family: She is married to David Moretta and has a stepson.

Before politics: Smith graduated with degrees in economics and English from the University of Calgary. She was a trustee for the Calgary Board of Education. She wrote editorials with the Calgary Herald and hosted a current affairs TV show called “Global Sunday.” She was a provincial director for the Canadian Federation of Independent Business. She and her husband now own and operate The Dining Car restaurant in High River.

Politics: In 2009, she won the leadership of the Wildrose Alliance, later to become the Wildrose Party. In the 2012 provincial election, Smith won a seat in the constituency of Highwood and the party took over official Opposition status from the Liberals, In 2014, she led eight Wildrose members across the floor to join the governing Progressive Conservatives. After much backlash, she lost in the 2015 election.

Quote: “After everything I’ve done in the past to divide the movement, then try to bring it together the wrong way, I feel like I owe it to the conservative movement to do what I can to be a force of unity.”

This report by The Canadian Press was first published Oct. 6, 2022.

 

The Canadian Press

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Iran flight relatives say Canada a haven for regime officials

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OTTAWA — Relatives of those killed when Iran’s military shot down Flight PS752 in January 2020 say Canada has become a safe haven for regime officials.

“Canada has become a safe haven for the criminals of the Islamic Republic of Iran,” Hamed Esmaeilion testified Thursday afternoon to the House justice committee.

Esmaeilion leads a group representing grieving families, many of whom are aware of numerous people who have worked for the regime, or are related to senior officials, moving freely in Canada.

“This is a big concern for Iranian people,” he said.

Amid a brutal crackdown on women’s and human rights protesters across Iran, the federal Liberals are facing mounting pressure to deem a section of Iran’s army as a terrorist group.

That has coincided with the 1,000-day anniversary of the downing of Flight PS752 near Tehran, which killed 176 people, most of whom were headed through Ukraine to Canada.

No one has been held accountable.

Esmaeilion chalked that up to a naive bureaucracy that sees Iran as a normal country.

“It’s mainly the legal teams or the advisers; they still believe in negotiation with Iran because they don’t see Iran, or the Iranian regime, as a Mafia group,” he said.

“If you change your mindset, that you’re not negotiating with Switzerland or a democratic country, then it would solve the problem.”

He said he’s told officials that Canadians would never play a hockey game with North Korea, and yet Canada’s national men’s soccer team was scheduled to play with Iran back in June, before Canada Soccer cancelled amid political pushback.

Esmaeilion said he’s certain people affiliated with Tehran have been responsible for slashing his tires and making phone calls he found threatening.

The RCMP has previously said it is “aware of reports relating to victims experiencing threats, harassment and intimidation.”

And while the Liberals have said they updated their sanctions list Monday based on impact from Esmaeilion’s group, he said there were many more officials that relatives suggested months ago.

“I’m shocked that I don’t see (Supreme Leader) Ali Khamenei on the list,” he said, adding that President Ebrahim Raisi and former foreign minister Mohammad Javad Zarif should be listed.

He also called out Iran’s delegate for the Montreal-based International Civil Aviation Organization, saying Farhad Parvaresh should be kicked out of Canada.

This week, a crowd of Iranian Canadians took to Parliament Hill, demanding Ottawa deem the Islamic Revolutionary Guard Corps as a terrorist group.

Experts have said that such a change would be hard to enforce, given that Iran has conscripted millions into the force’s non-combat roles. A terror listing compels Ottawa to freeze assets held inside Canada and deny entry into the country.

Esmaeilion said that is a serious concern, and there may be as many as 15,000 people already living in Canada in that situation. But he said their military documents clearly state whether they had a senior rank and if they had joined the IRGC by choice.

“We can exempt those people. We have talked to several lawyers, and this is a simple solution for putting the IRGC on the list.”

He also reiterated calls to hold responsible those in charge of the downing of the flight that killed his wife and daughter. Esmaeilion’s group wants Canada to refer the case to the ICAO and the International Criminal Court.

“So far, after 1,000 days, we have no road map; we have no time frame,” he said.

In a Wednesday interview, Transport Minister Omar Alghabra said Canada wants to see justice for the victims of Flight PS752, but must exhaust all avenues with Iran before any international tribunal will take on the case.

“The process is painful, it’s long, it’s cumbersome, it’s complicated,” he said.

“These international bodies are flawed, they’re imperfect, but they are our best way to hold Iran accountable.”

Alghabra said Canada has been helping lead reforms that aim to prevent another catastrophe, such as the Safer Skies initiative. The idea is to have a global body assess when conflict makes it unsafe for civilian flights, and advise companies and states to not take off.

The flight Iran shot down took off hours into a military operation in response to the U.S. assassination of senior Iranian military official Qasem Soleimani.

“PS752 should not have been flying when there was a conflict nearby,” Alghabra said.

– With files from Caitlin Yardley in Montreal.

This report by The Canadian Press was first published Oct. 7, 2022.

 

Dylan Robertson, The Canadian Press

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Canada-U.S. Safe Third Country Agreement, explained – CTV News

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The Supreme Court of Canada will take time to weigh arguments about the constitutionality of an 18-year refugee agreement between Ottawa and Washington after hearing a challenge Thursday from claimants and human rights advocates.

The Canada-U.S. Safe Third Country Agreement (STCA) allows Canada to turn away asylum seekers seeking entry from the U.S. at official land border crossings.

However, human rights groups say the U.S. is not a “safe country” for asylum seekers and the pact allows Canada to skirt its international obligations for refugee claimants.

CTVNews.ca breaks down what the agreement entails.

WHAT DOES THE STCA DO?

The Canada-U.S. Safe Third Country Agreement was signed in 2002 and came into effect in 2004. Under the agreement, those seeking refugee status in either Canada or the U.S. must make their claim in the first country they enter.

That means most asylum seekers who attempt to cross into Canada at an official crossing are turned away and are told they need to make their asylum claim in the U.S., and vice versa. The only exemptions apply to unaccompanied minors and those with close family members living in Canada.

“If one of those narrow exemptions does not apply, you’re not able to make a claim for refugee protection in Canada. And so what that means is that you’re ordered to be removed or deported, and they contact U.S. authorities,” Amnesty International’s Julia Sande told CTV’s Your Morning on Thursday.

But the agreement has one key loophole: it only applies to official land border crossings. That means that asylum seekers who manage to make a refugee claim within Canada while bypassing an official border crossing won’t be sent back to the U.S.

This has prompted tens of thousands of asylum seekers to enter Canada at irregular crossings, such as Roxham Road, a rural road that goes through the border between Quebec and New York State.

HOW MANY ASYLUM SEEKERS HAVE CROSSED IRREGULARLY?

Since February 2017, Canada has seen 67,805 irregular crossers enter the country. Of these, 28,332 (41 per cent) have had their refugee claims approved. In addition, 19,646 refugee claims have been rejected, 13,369 are still pending and the rest have either been withdrawn or abandoned, according to the Immigration and Refugee Board of Canada (IRB).

Irregular crossings into Canada surged after Donald Trump became president of the United States in 2017, as concerns grew over his anti-immigration rhetoric and executive orders limiting the number of refugees admitted.

According to data from the IRB, the number of irregular crossings peaked between July and September 2017. During this time period, 8,558 asylum seekers irregularly crossed into Canada, corresponding to an average of 2,853 per month.

The average number of irregular crossers per month dipped after that and hovered between 1,200 and 1,400 from late 2018 to early 2020. However, irregular crossings came to a near screeching halt after COVID-19 restrictions at the border were put in place in March 2020 and asylum seekers were sent back to the U.S. unless they met one of the exemptions.

In November 2021, as Canada continued lifting COVID-19 measures at the border, irregular crossers were once again allowed to enter the country and make a claim. Between April and June 2022, 4,512 irregular crossers entered Canada — the most seen since 2019, according to the IRB.

WHAT DO OPPONENTS OF THE STCA SAY?

In 2017, Amnesty International, the Canadian Council for Refugees, and the Canadian Council of Churches launched a lawsuit challenging the constitutionality of the Safe Third Country Agreement.

The organizations say the legislation underpinning the STCA violates Section 7 of the Charter of Rights and Freedoms, which guarantees life, liberty and security of the person, in addition to Section 15, which guarantees equal protection and benefit under the law.

Sande says asylum seekers who are turned back from Canada often face immigration detention in the U.S.

“When people are in detention, they’re subjected to solitary confinement, staggering rates of sexual violence, really inhumane conditions, not given religiously appropriate food,” she said. “The detention in itself is problematic and harmful. But in addition, when you’re in detention, it’s a lot more difficult to access counsel.”

Sande says the increased difficulty accessing legal counsel means asylum seekers have a higher chance of being deported. On top of that, she said crossing the border at irregular crossings can come with serious risks.

Many of these crossers use Roxham Road, where the RCMP have set up a presence to handle the high volume of asylum seekers. But at other parts of the border, some asylum seekers have made long journeys on foot through empty farm fields in the winter, risking frostbite.

“We’ve heard of people losing fingers from frostbite and really putting themselves at risk. And so I would say it’s neither compassionate nor orderly,” Sande said.

Canada is also subject to the 1951 Refugee Convention, which stipulates that states cannot return refugees to dangerous countries. The human rights groups argue the pact lets Canada “contract out” its international obligations to refugee claimants without proper followup the U.S. is doing the job.

In July 2020, the Federal Court agreed, and ruled the Safe Third Country Agreement was unconstitutional. The federal government appealed the ruling and last December, the Supreme Court announced that it would hear the case.

WHAT HAVE FEDERAL PARTIES SAID?

The NDP and the Bloc Quebecois have long called on the federal government to suspend the Safe Third Country Agreement, and allow asylum seekers to cross into Canada at official crossings so they won’t have to make potentially dangerous journeys through irregular crossings.

Meanwhile, the Conservatives say the STCA should be strengthened to allow Canada to send irregular crossers back to the U.S.

The three opposition parties recently signed a letter calling for an inquiry looking at how public funds were used to build intake facilities at the border near Roxham Road.

In the House of Commons on Wednesday, Prime Minister Justin Trudeau said Canada “works with the U.S. government every day to improve the Safe Third Country Agreement.” Immigration, Refugees and Citizenship Canada (IRCC) told CTV’s Your Morning the agreement “has served Canada well” and is necessary to ensure that the border “remains well-managed.”

“Canada believes that the STCA remains a comprehensive means for the compassionate, fair and orderly handling of asylum claims in our two countries,” IRCC said in an email statement.

Quebec Premier Francois Legault has also called on the feds to close the unofficial Roxham Road crossing and said his government does not have the capacity to deal with the influx of people. Public Safety Minister Marco Mendicino said on Thursday the government is working “very carefully with Quebec” to manage the flow of asylum seekers.

“We transfer significant federal funds to that province every year to help with ensuring that there is due process, that there… is a baseline of support for people who are filing claims,” he told reporters before a cabinet meeting in Ottawa.

“We have to reach agreements, with partnerships with the United States, with Quebec, and that’s exactly what the federal government will do,” he added in French.

With files from The Canadian Press

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