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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landmark 1973 Roe v. Wade ruling legalizing abortion nationwide nullified the Wisconsin ban, but legislators never repealed it.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 He contends that it was never repealed and that it can co-exist with the 1985 law because that law didn’t legalize abortion at any point.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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‘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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Traumatized by war, hundreds of Lebanon’s children struggle with wounds both physical and emotional

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BEIRUT (AP) — Curled up in his father ’s lap, clinging to his chest, Hussein Mikdad cried his heart out. The 4-year-old kicked his doctor with his intact foot and pushed him away with the arm that was not in a cast. “My Dad! My Dad!” Hussein said. “Make him leave me alone!” With eyes tearing up in relief and pain, the father reassured his son and pulled him closer.

Hussein and his father, Hassan, are the only survivors of their family after an Israeli airstrike last month on their Beirut neighborhood. The strike killed 18 people, including his mother, three siblings and six relatives.

“Can he now shower?” the father asked the doctor.

Ten days after surgery, doctors examining Hussein’s wounds said the boy is healing properly. He has rods in his fractured right thigh and stitches that assembled his torn tendons back in place on the right arm. The pain has subsided, and Hussein should be able to walk again in two months — albeit with a lingering limp.

A prognosis for Hussein’s invisible wounds is much harder to give. He is back in diapers and has begun wetting his bed. He hardly speaks and has not said a word about his mother, two sisters and brother.

“The trauma is not just on the muscular skeletal aspect. But he is also mentally hurt,” Imad Nahle, one of Hussein’s orthopedic surgeons, said.

Israel said, without elaborating, that the strike on the Mikdad neighborhood struck a Hezbollah target. In the war that has escalated since September, Israeli airstrikes have increasingly hit residential areas around Lebanon. Israel accuses the Lebanese militant group of hiding its capabilities and fighters among civilians. It vows to cripple Hezbollah, which began firing into northern Israel after Hamas’ Oct. 7 attack triggered the war in Gaza.

But children have been caught in the midst.

With more strikes on homes and in residential areas, doctors are seeing more children affected by the violence. More than 100 children have been killed in Lebanon in the past six weeks and hundreds injured. And of the 14,000 wounded since last year, around 10% are children. Many have been left with severed limbs, burned bodies, and broken families — scars that could last for a lifetime.

Ghassan Abu Sittah, a renowned British-Palestinian surgeon who is also treating Hussein, sees that long road ahead. This is his worry: “It leaves us with a generation of physically wounded children, children who are psychologically and emotionally wounded.”

‘What do they want from us?’

At the American University of Beirut Medical Center, which is receiving limited cases of war casualties, Nahle said he operated on five children in the past five weeks — up from no cases before. Most were referred from south and eastern Lebanon.

A few miles away, at the Lebanese Hospital Geitaoui, one of the country’s largest burns centers increased its capacity by nearly 180% since September so it could accommodate more war wounded, its medical director Naji Abirached said. About a fifth of the newly admitted patients are children.

In one of the burn center’s ICU units lies Ivana Skakye. She turned 2 in the hospital ward last week. Ivana has been healing from burns she sustained following an Israeli airstrike outside their home in southern Lebanon on Sept. 23. Israel launched hundreds of airstrikes that day in different parts of Lebanon, making it the deadliest day of the war so far. More than 500 people were killed.

Six weeks later, the tiny Ivana remains wrapped in white gauze from head to toe except her torso. She sustained third-degree burns over 40 percent of her body. Her hair and head, her left side all the way to her legs, both her arms and her chest were burned. Her family home was damaged, its ceiling set afire. The family’s valuables, packed in their car as they prepared to leave, were also torched. Ivana’s older sister, Rahaf, 7, has recovered faster from burns to her face and hands.

Fatima Zayoun, their mother, was in the kitchen when the explosion hit. Zayoun jumped up to grab the girls, who were playing on the terrace.

It was, Zayoun said, “as if something lifted me up so that I can grab my kids. I have no idea how I managed to pull them in and throw them out of the window. She spoke from the ICU burns unit. “They were not on fire, but they were burned. Black ash covered them. … (Ivana) was without any hair. I told myself, `That is not her.’”

Now, Ivana’s wound dressings are changed every two days. Her doctor, Ziad Sleiman, said she could be discharged in a few days. She’s back again to saying “Mama” and “Bye — shorthand for wanting to go out.

Like Hussein, though, Ivana has no home to return to. Her parents fear collective shelters could cause an infection to return.

After seeing her kids “sizzling on the floor,” Zayoun, 35, said that even if their home is repaired, she wouldn’t want to return. “I saw death with my own eyes,” she said.

Zayoun was 17 last time Israel and Hezbollah were at war, in 2006. Displaced with her family then, she said she almost enjoyed the experience, riding out of their village in a truck full of their belongings, mixing with new people, learning new things. They returned home when the war was over.

“But this war is hard. They are hitting everywhere,” she said. “What do they want from us? Do they want to hurt our children? We are not what they are looking for.”

Attacks at home can be hard for kids to deal with

Abu Sittah, the reconstructive surgeon, said most of the children’s injuries are from blasts or collapsing rubble. That attack on a space they expect to be inviolable can have lingering effects.

“Children feel safe at home,” he said. “The injury makes them for the first time lose that sense of security — that their parents are keeping them safe, that their homes are invincible, and suddenly their homes become not so.”

One recent morning, children were playing in the courtyard of a vocational school-turned-shelter in Dekwaneh, north of Beirut, where nearly 3,000 people displaced from the south are now living. The parents were busy with an overflowing bathroom that serves one floor in a building that houses nearly 700 people.

Only playtime brings the children, from different villages in the south, together. They were divided in two teams, ages ranging between 6 and 12, competing to get the handkerchief first. A tiny girl hugged and held hands with strangers visiting the shelter. “I am from Lebanon. Don’t tell anyone,” she whispered in their ears.

The game turned rowdy when two girls in their early teens got into a fist fight. Pushing and shoving began. Tears and tantrums followed. The tiny girl walked away in a daze.

Maria Elizabeth Haddad, manager of the psychosocial support programs in Beirut and neighboring areas for the U.S.-based International Medical Corps, said parents in shelters reported signs of increased anxiety, hostility and aggression among kids. They talk back to parents and ignore rules. Some have developed speech impediments and clinginess. One is showing early signs of psychosis.

“There are going to be residual symptoms when they grow up, especially related to attachment ties, to feeling of security,” Haddad said. “It is a generational trauma. We have experienced it before with our parents. … They don’t have stability or search for (extra) stability. This is not going to be easy to overcome.”

New phases of life begin

Children represent more than a third of over 1 million people displaced by the war in Lebanon and following Israeli evacuation notices, according to U.N. and government estimates (more than 60,000 people have been displaced from northern Israel). That leaves hundreds of thousands in Lebanon without schooling, either because their schools were inaccessible or have been turned into shelters.

Hussein’s father says he and his son must start together from scratch. With help from relatives, the two have found a temporary shelter in a home — and, for the father, a brief sense of relief. “I thank God he is not asking for or about his mother and his siblings,” said Hassan Mikdad, the 40-year-old father.

He has no explanation for his son, who watched their family die in their home. His two sisters — Celine, 10, and Cila, 14 — were pulled out of the rubble the following day. His mother, Mona, was pulled out three days later. She was locked in an embrace with her 6-year-old son, Ali.

The strike on Oct. 21 also caused damage across the street, to one of Beirut’s main public hospitals, breaking solar panels and windows in the pharmacy and the dialysis unit. The father survived because he had stepped out for coffee. He watched his building crumble in the late-night airstrike. He also lost his shop, his motorcycles and car — all the evidence of his 16 years of family life.

His friend, Hussein Hammoudeh, arrived on the scene to help sift through rubble. Hammoudeh spotted young Hussein Mikdad’s fingers in the darkness in an alley behind their home. At first he thought they were severed limbs — until he heard the boy’s screams. He dug out Hussein with glass lodged in his leg and a metal bar in his shoulder. Hammoudeh said he didn’t recognize the boy. He held the child’s almost-severed wrist in place.

In the hospital now, Hussein Mikdad sipped a juice as he listened to his father and his friend. His father turned to him, asking if he wanted a Spider-Man toy — an effort to forestall a new outburst of tears. He said he buys Hussein a toy each day.

“What I am living through seems like a big lie. …The mind can’t comprehend,” he said. “I thank God for the blessing that is Hussein.”



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