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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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Eby wants all-party probe into B.C. vote count errors as election boss blames weather

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Premier David Eby is proposing an all-party committee investigate mistakes made during the British Columbia election vote tally, including an uncounted ballot box and unreported votes in three-quarters of the province’s 93 ridings.

The proposal comes after B.C.’s chief electoral officer blamed extreme weather, long working hours and a new voting system for human errors behind the mistakes in last month’s count, though none were large enough to change the initial results.

Anton Boegman says the agency is already investigating the mistakes to “identify key lessons learned” to improve training, change processes or make recommendations for legislative change.

He says the uncounted ballot box containing about 861 votes in Prince George-Mackenzie was never lost, and was always securely in the custody of election officials.

Boegman says a failure in five districts to properly report a small number of out-of-district votes, meanwhile, rippled through to the counts in 69 ridings.

Eby says the NDP will propose that a committee examine the systems used and steps taken by Elections BC, then recommend improvements in future elections.

“I look forward to working with all MLAs to uphold our shared commitment to free and fair elections, the foundation of our democracy,” he said in a statement Tuesday, after a news conference by Boegman.

Boegman said if an independent review does occur, “Elections BC will, of course, fully participate in that process.”

He said the mistakes came to light when a “discrepancy” of 14 votes was noticed in the riding of Surrey-Guildford, spurring a review that increased the number of unreported votes there to 28.

Surrey-Guildford was the closest race in the election and the NDP victory there gave Eby a one-seat majority. The discovery reduced the NDP’s victory margin from 27 to 21, pending the outcome of a judicial review that was previously triggered because the race was so close.

The mistakes in Surrey-Guildford resulted in a provincewide audit that found the other errors, Boegman said.

“These mistakes were a result of human error. Our elections rely on the work of over 17,000 election officials from communities across the province,” he said.

“Election officials were working 14 hours or more on voting days and on final voting day in particular faced extremely challenging weather conditions in many parts of the province.

“These conditions likely contributed to these mistakes,” he said.

B.C.’s “vote anywhere” model also played a role in the errors, said Boegman, who said he had issued an order to correct the results in the affected ridings.

Boegman said the uncounted Prince George-Mackenzie ballot box was used on the first day of advance voting. Election officials later discovered a vote hadn’t been tabulated, so they retabulated the ballots but mistakenly omitted the box of first-day votes, only including ballots from the second day.

Boegman said the issues discovered in the provincewide audit will be “fully documented” in his report to the legislature on the provincial election, the first held using electronic tabulators.

He said he was confident election officials found all “anomalies.”

B.C. Conservative Party Leader John Rustad had said on Monday that the errors were “an unprecedented failure by the very institution responsible for ensuring the fairness and accuracy of our elections.”

Rustad said he was not disputing the outcomes as judicial recounts continue, but said “it’s clear that mistakes like these severely undermine public trust in our electoral process.”

Rustad called for an “independent review” to make sure the errors never happen again.

Boegman, who said the election required fewer than half the number of workers under the old paper-based system, said results for the election would be returned in 90 of the province’s 93 ridings on Tuesday.

Full judicial recounts will be held in Surrey-Guildford and Kelowna-Centre, while a partial recount of the uncounted box will take place in Prince George-Mackenzie.

Boegman said out-of-district voting had been a part of B.C.’s elections for many decades, and explained how thousands of voters utilized the province’s vote-by-phone system, calling it a “very secure model” for people with disabilities.

“I think this is a unique and very important part of our elections, providing accessibility to British Columbians,” he said. “They have unparalleled access to the ballot box that is not found in other jurisdictions in Canada.”

This report by The Canadian Press was first published Nov. 5, 2024.



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Memorial set for Sunday in Winnipeg for judge, senator, TRC chair Murray Sinclair

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WINNIPEG – A public memorial honouring former judge, senator and chair of the Truth and Reconciliation Commission into residential schools, Murray Sinclair, is set to take place in Winnipeg on Sunday.

The event, which is being organized by the federal and Manitoba governments, will be at Canada Life Centre, home of the NHL’s Winnipeg Jets.

Sinclair died Monday in a Winnipeg hospital at the age of 73.

A teepee and a sacred fire were set up outside the Manitoba legislature for people to pay their respects hours after news of his death became public. The province has said it will remain open to the public until Sinclair’s funeral.

Sinclair’s family continues to invite people to visit the sacred fire and offer tobacco.

The family thanked the public for sharing words of love and support as tributes poured in this week.

“The significance of Mazina Giizhik’s (the One Who Speaks of Pictures in the Sky) impact and reach cannot be overstated,” the family said in a statement on Tuesday, noting Sinclair’s traditional Anishinaabe name.

“He touched many lives and impacted thousands of people.”

They encourage the public to celebrate his life and journey home.

A visitation for extended family, friends and community is also scheduled to take place Wednesday morning.

Leaders from across Canada shared their memories of Sinclair.

Premier Wab Kinew called Sinclair one of the key architects of the era of reconciliation.

Prime Minister Justin Trudeau said Sinclair was a teacher, a guide and a friend who helped the country navigate tough realities.

Sinclair was the first Indigenous judge in Manitoba — the second in Canada.

He served as co-chair of the Aboriginal Justice Inquiry of Manitoba to examine whether the justice system was failing Indigenous people after the murder of Helen Betty Osborne and the police shooting death of First Nations leader J.J. Harper.

In leading the Truth and Reconciliation Commission, he participated in hundreds of hearings across Canada and heard testimony from thousands of residential school survivors.

The commissioners released their widely influential final report in 2015, which described what took place at the institutions as cultural genocide and included 94 calls to action.

This report by The Canadian Press was first published Nov. 5, 2024.

The Canadian Press. All rights reserved.



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House of Commons committee looks to recall Tom Clark about New York City condo

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OTTAWA – Members of Parliament studying the federal government’s decision to buy a $9-million luxury condo in Manhattan are preparing to recall Canada’s consul general in New York to answer more questions about his involvement in the purchase.

The Conservatives put forward a motion on Tuesday to have Tom Clark return to the House operations committee. The move was supported by other opposition parties after new information emerged that contradicted his previous testimony.

Clark told the committee in September he had no role whatsoever in the purchase of the new condo, or the sale of the previous residence.

But reporting from Politico on Tuesday indicated Clark raised concerns about the old unit two months after he was appointed to his role as Canada’s representative in New York.

Politico cited documents obtained through access-to-information, which were then shared with other media by the Conservative party.

A May 2023 report from Global Affairs Canada indicates Clark informed government officials the residence needed to be replaced.

“The current (consul general in New York, head of mission) expressed concerns regarding the completion of the … kitchen and refurbishment project and indicated the unit was not suitable to be the (consul general’s) accommodations,” the report reads.

“It does not have an ideal floor plan for (consul general in New York) representational activities.”

The final call on whether Clark will face further questions has not been made, however, because the committee adjourned before the motion went to a vote. The committee’s next meeting is next week.

Tuesday’s meeting featured Foreign Affairs Minister Mélanie Joly as a witness, and she faced questions about Clark’s involvement in the purchase.

“This was not a political decision because this was an operational decision,” Joly told the committee in a testy exchange with Conservative MP Michael Barrett.

“(The committee) had numerous people, officials of mine, that came to see you and said that. So, these are the facts.”

Joly later told the committee she only learned of the decision to purchase a new residence through media reports, even though her chief of staff was notified weeks earlier.

“The department informed my chief of staff once the decision was taken. Because, of course, it was not a political decision,” Joly said.

Shortly before Joly was excused, Conservative MP Stephanie Kusie put forward the motion to recall Clark for two more hours to answer more questions.

Bloc MP Julie Vignola proposed instead to have him testify for only one hour — indicating she would support the motion with that change.

“One hour is more than enough to know whether he lied to us,” Vignola told her colleagues in French.

NDP MP Taylor Bachrach also said he would support the move, given the contrast between the new report and Clark’s testimony about whether he spoke to anyone about a desire to move into a new residence.

“What really irks me is the consul general was so clear in response to repeated questioning at committee,” Bachrach said.

“Mr. Clark said, ‘Never.’ One-word answer, ‘Never.’ You can’t get more unequivocal than that.”

The Liberal government has argued that buying the new residence will save Canadians taxpayers millions of dollars and reduce ongoing maintenance costs and property taxes while supporting future program needs for the consul general.

The former official residence is listed for sale at $13 million, but has yet to be sold.

In her remarks Tuesday, Joly told the committee other like-minded countries have paid more for their Manhattan residences than Canada has — including $11 million for the U.K., and France’s $19 million purchase in 2015.

Joly said among the countries that have residences in New York, only Afghanistan and Bangladesh were not located in Manhattan.

This report by The Canadian Press was first published Nov. 5, 2024.

The Canadian Press. All rights reserved.



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