The CBC's Derek Stoffel reports on the latest developments on the explosion that shook the largely deserted streets of downtown Nashville early Christmas morning.
In announcing a planned phone call on Friday between U.S. President Joe Biden and Prime Minister Justin Trudeau, the White House's intended message was clear: Traditional allies are back in favour while despots, dictators and the killers of dissenters are on the outs. The way press secretary Jen Psaki announced the scheduled call with Trudeau was revealing, as it came in response to a question that had nothing at all to do with Canada's prime minister. She was asked about Vladimir Putin. Specifically, she was asked when Biden would speak with the Russian leader. Psaki replied that it wasn't an immediate priority. "[Biden's] first foreign leader call will be on Friday with Prime Minister Trudeau," she said. "I would expect his early calls will be with partners and allies. He feels it's important to rebuild those relationships." U.S. plans to investigate Russia Psaki elaborated on Putin in a separate news conference where she described Russia as "reckless" and "adversarial." She said Biden has tasked the intelligence community with reporting on a variety of alleged Russian transgressions: cyberattacks on U.S. companies, interference in U.S. politics, the poisoning of Russian opposition leader Alexei Navalny, and Russian-paid bounties on U.S. soldiers in Afghanistan. Yet the goal of rebalancing relationships away from rivals toward like-minded countries has been tested already. Some Canadians, notably Alberta Premier Jason Kenney, want trade retaliation against the U.S. following the cancellation of the Keystone XL pipeline on Day 1 of the new administration. The decision undermines Canada's No. 1 export to the United States: oil. WATCH | The National's report on Keystone XL: Biden's foreign policy ambitions will keep being tested as international relationships undergo unwieldy twists on any given issue due to practical and political considerations. Here is what we already know about the Biden administration's approach to other countries after its first couple of days in office. The moves so far The administration will release a report on suspected Saudi government involvement in the killing of Washington Post columnist Jamal Khashoggi, an issue the last administration showed little interest in pursuing. It is also threatening to cancel support for the Saudi-led war in Yemen. It is willing to consider new NATO expansion on Russia's doorstep, into Georgia, and in fact is staunchly supportive of the international military alliance. And Biden has rejoined previous alliances the U.S. was either scheduled to exit (the World Health Organization) or had already left (the Paris climate accord). These activities are intended to signal a dramatic change in foreign policy from Biden's predecessor, Donald Trump, who frequently bashed the leaders of democracies and international institutions while simultaneously cultivating friendly relationships with non-democratic leaders in the Middle East, Russia and North Korea. There will be contradictions in Biden's approach — as there were in Trump's. For example, while Trump often had kind words for dictators, he also sanctioned their countries on occasion, including Russia and China. Also, don't count on an ambitious foreign policy from Biden. Early on, the new administration will be busy juggling domestic crises, said Edward Alden, an expert on Canada-U.S. relations. "I think we are going to see an approach to alliances that looks a lot like [Barack] Obama's — engaged, respectful, but not overly ambitious," said Alden, a senior fellow at the New York-based Council on Foreign Relations. "The United States has enormous problems at home, and those are going to take priority for some time." Alden said he does expect some new international initiatives, such as more active co-operation on global vaccine distribution. Biden wants changes on Canada-U.S. pandemic travel On COVID-19, Biden also wants to immediately connect with Canada and Mexico to establish new rules within 14 days for pandemic-related travel safety measures. Alden also expects an attempt to rework and revive the international nuclear deal with Iran, and establish greater co-ordination with other countries in confronting China. For example, Biden has proposed a summit of democracies where countries can share ideas for countering autocracies. Biden's nominee for secretary of state, Antony Blinken, told his confirmation hearing this week that the last administration had a point in reorienting policy toward Beijing. "President Trump was right in taking a tougher approach to China," Blinken said. "The basic principle was the right one, and I think that's actually helpful to our foreign policy." He got into a testy exchange at that hearing with Sen. Rand Paul, a libertarian-minded Republican who favours a hands-off approach on foreign affairs. When Blinken said he was open to expanding NATO membership to Russia's neighbour Georgia, Paul called that a recipe for war with Russia. Blinken argued the opposite is true. After years of Russian incursions in non-NATO Georgia and Ukraine, recent evidence suggests Russia is most belligerent with countries outside NATO's shield, he said. Keystone XL: The early irritant Biden and Trudeau are expected to discuss new travel measures to control the spread of COVID-19, as well as Biden's decision to cancel the Keystone XL pipeline expansion that would run south from Alberta to Nebraska. So far, Trudeau has shown little desire to escalate the pipeline issue. Alberta Premier Jason Kenney, on the other hand, has demanded retaliatory action, and some trade experts say potential legal avenues do exist. WATCH | Kenny on the fate of Keystone XL: But they're skeptical they will achieve much. Eric Miller of the Rideau Potomac Strategy Group, a cross-border consulting firm specializing in trade and government affairs, said the best that pipeline-backers can hope for is to sue the U.S. government for financial compensation for the cancelled project. He said the Alberta government and the project's developer, TC Energy, can try suing under the investor-state dispute chapter in the old NAFTA, which will remain in effect for two more years for existing investments. "[But] nothing is going to force the Biden administration to deliver the permit," Miller said. "One has to be clear that there is no world in which Joe Biden [retreats on this]." Canada-U.S. trade lawyer Dan Ujczo said he doubts complaints from Canada will make a difference. He said the most politically effective argument for the pipeline would come from Americans — from the companies and unions that would have serviced the project. The Ohio-based lawyer said challenges under U.S. laws, such as the Administrative Procedures Act, could potentially work, but he cautioned: "They're high hurdles."
Surrounded by snow and ice — with sleet starting to fall — Ellen Lamont had all the teaching tools she could ever want to explain the states of matter to her elementary students this week. “What happens to our masks when we breathe outside?” Lamont asked her Grade 4/5 immersion students, each one seated in a homemade snow seat in their outdoor classroom, during a natural sciences lesson taught in French. She told them what they first exhale is a gas that condenses on their face coverings, and if they are outside long enough in the cold, that liquid may freeze and turn into a solid. Lamont could never have predicted she would be using personal protective equipment to conduct a lesson, nor she would ever be teaching in what her students have come to affectionately call “snow class” (classe de neige). The first-year teacher said she has taken all the pivots required during the COVID-19 pandemic in stride — and that’s how Laura Secord School’s snow class came to be. On Rupert DePape’s first day back after the holiday break, the fifth grader said he came across a sign posted near the designated school door for his class. The 10-year-old followed Lamont’s written instructions, and instead of entering the Wolseley area school as usual, built himself a snow chair. “We’re stuck in our seat, and have to stay far apart, and can’t really talk much (this year). Outside, it’s a lot more flexible with all the things you can do,” said Rupert, whose favourite subjects are history and math; the latter of which is taught outside, unless the wind chill makes the temperature feel -28 C or colder. While noting snow class can get “a bit chilly,” he said it’s superior to in-class learning, because all of the students can learn together and move freely. Lamont and David Seburn, an educational assistant, have been overseeing a duplex classroom, with Grade 4s in one room and Grade 5s in another, since Manitoba schools entered a restricted level (code orange) on the province’s pandemic response system. “I thought to myself, ‘It would be so nice — if just for this morning, we could all be outside so I could deliver this material once, altogether,’” Lamont said, recalling the moment she first decided to hold class outdoors Jan. 4. Engagement levels immediately spiked and students were more focused when they returned to their indoor classrooms to do pen-and-paper activities, she said. The success of an initial outdoor period has led to daily snow class lessons, which involve physical activity and the use of natural manipulatives, such as tree branches and ice cubes. Community members have donated Christmas trees, food colouring and a tree stump to decorate the space. The students also went on a nature walk to find items to make ice art with to spruce up the space. “To immerse children in nature and to create a love and reverence of nature is very important for this generation so we have kids that care about the environment and will protect it as they grow older,” said Seburn, an educational assistant and forest school practitioner-in-training who is currently enrolled in a course at the Child and Nature Alliance of Canada. It’s not only easier to engage students outdoors, he said, but also safer, at present. Lauren Phillips said she is incredibly appreciative of how her children’s teachers, at both Laura Secord and River Heights School, have put emphasis on the importance of fresh air this year, in recognition COVID-19 can be transmitted through aerosols. “There’s this notion of schools being safe, but schools aren’t safe if the behaviours aren’t safe,” Phillips said. While her seventh grader’s teacher keeps the windows open during the school day, she said her son is ecstatic about snow class with Lamont. “Most people say school sucks, but I don’t really get why,” said Callie Neek, a fourth grader in the class. The nine-year-old said she would much rather be in school than at home, so she can see her friends and learn outside. As long as students are getting something out of it, Lamont said snow class will continue throughout the school year. “They’ve been so adaptive, so flexible, so willing to happily go along with whatever we’re doing and show up and try their best,” the Winnipeg teacher said. “They have really truly amazed me.” One of her students has suggested the class collect more stumps, so they can continue to learn outside when the snow melts. Maggie Macintosh, Local Journalism Initiative Reporter, Winnipeg Free Press
She has served as a member of the Central York Fire Services for more than a decade. It is a job she loves, serving the community which has become a second home and, earlier this year, Kristy Paterson became a somewhat reluctant trailblazer as the Central York Fire Service’s first female Acting Captain. A historic first, to be sure, but Paterson has a different perspective. “I am proud of my accomplishment because I think it is a great position, but I don’t think it is special that I am the first woman,” Patterson tells The Auroran. “I am super happy for everyone who passed the test and was a successful candidate, but I don’t think I should be given any more recognition as the first female because everyone passed the same time. The public doesn’t care, or shouldn’t care, if it is a man or a woman who is responding to [a call], all they really care about is if you can do the job when the time comes.” Instead, the Barrie resident wants to be seen as a good role model for all genders, regardless of whether they want to follow in her footsteps to a local fire station. Being a fire fighter was not a life-long dream for Patterson. As a student at the University of Toronto, she was a player on their varsity hockey team. Athletics came to her naturally and she focused on kinesiology. In her fourth year, however, a conversation with a firefighter left her pondering a career pivot. “It just sounded like a super interesting path to follow,” she says, noting she undertook college training to become a firefighter soon thereafter. It didn’t take long for her to be hired by the CYFS – and, perhaps most importantly, realize she made the right choice. “I loved it probably from Day One,” she says. “Every day is different, you’re always learning. It’s a team environment and everybody works together. You’re constantly learning new things and every shift is different and you don’t know what you’re going to get. You’re not confined to an office; you’re out, you’re helping the community, you’re involved and you’re just helping people. It is a good feeling to be there for the community. “I am super happy to come to work every day and to work with really awesome people just being part of a team and knowing we get to help the towns of Aurora and Newmarket.” Currently stationed in Aurora, Patterson hopes that in her new role she will continue learning and being there for the community. “In my new role, I want to be a good role model to not only young girls but young boys as well, that if you work hard, you’re able to achieve it,” she says. If it is something you want, then work hard, take the right schooling and you will be able to do it. I understand the support [stemming from being the CYFS’ first female Acting Captain], but at the same time, why is it special? I am proud of my accomplishment and it didn’t have anything to do with being female. My goal is to just be better every day than I was yesterday. It doesn’t matter if you’re a man or a woman, it is just that you’re capable of doing the job.” Brock Weir, Local Journalism Initiative Reporter, The Auroran
As the vaccine rolls out in long-term care homes across the country, some provinces, including British Columbia, are also prioritizing essential caregivers for a shot to benefit residents and staff. But there’s some inconsistency about who qualifies as essential.
Citing “long-standing and glaring systemic issues,” in Brampton’s bail court, a judge has stayed a string of serious criminal charges, including 10 gambling and 53 illicit gaming counts, against two men who waited 12 days for a bail hearing. In a damning ruling released last week, Superior Court Justice David Harris said he reviewed more than two dozen cases and found “pervasive” bail delays had occurred with “alarming frequency” in violation of accused persons’ charter right to a bail hearing in a reasonable amount of time — typically within 24 hours or three days for more complex hearings requiring a special bail hearing. “It is most regrettable that it has come to this,” Harris wrote. “Sadly, the long-standing nature of this problem and the profoundly detrimental effect on countless others not before the court, coupled with the virtually inevitable perpetuation of delays into the future, requires a stay.” In his ruling, Harris slammed a culture of indifference and complacency. “The alarm bell has been sounding for decades now. But at least in Brampton, no progress seems to have been made. A blind eye has often been turned to the delays. Maybe it is hoped the problem will go away on its own,” he wrote. Ministry of the Attorney General spokesperson Brian Gray declined to comment on the judge’s findings, saying “as this matter is within the appeal period, it would be inappropriate to comment.” In his ruling, Harris cited a memo written by a Peel Crown attorney acknowledging significant and persistent systemic problems in scheduling special bail hearings in Brampton. “The specific concern of the Peel Crown Attorneys’ office is the delay in scheduling these hearings beyond the three-day remand allowed in the Criminal Code without the explicit consent of the defence,” wrote Crown Darilynn Allison. “However, because of the volume and resourcing issues, this is precisely what is taking place on a near-daily basis in the bail courts.” The case at the centre of Harris’s ruling involved Raffaele Simonelli and Michael Simonelli, cousins who were arrested on Dec. 12, 2019, along with two dozen others after a two-year police investigation known as Project Hobart. The Simonellis had been facing a slew of charges related to allegedly operating an illegal gaming house in Mississauga as part of a criminal organization — charges Harris called particularly serious due to the aggravating factor of their alleged links to organized crime. According to transcripts presented to Harris by defence lawyer Sonya Shikhman, 26 Brampton special bail hearings conducted in 2019 had delays ranging from five days at the low end to 35 days at the high end. The average delay was approximately 13 days; none was conducted within three days, Harris wrote. In the Simonellis’ case, lawyers for both men were ready to proceed with special bail hearings on Dec. 13, 2019, the day after their arrest, but the Crown, emphasizing the complexity and seriousness of the matter, asked for it to be adjourned until Jan. 3, 2020. The police had “ample time to prepare the paperwork necessary for the Crown and defence to conduct a bail hearing” and to alert the court more resources would be needed that day. But instead of an executive summary focused on three grounds for bail, the police provided a 95-page synopsis that was of “little real assistance in the conduct of a bail hearing,” Harris wrote. The justice of the peace agreed to the three-week adjournment sought by the Crown, citing a variety of factors including lack of courtroom availability “I can’t speak to the issue of resources other than they do not exist,” the justice of the peace said, in response to an outcry by numerous defence lawyers in court that day. Harris called the three-week delay over the holidays “egregious.” As a result of an application filed by Shikhman, the bail hearing was held 12 days later, on Dec. 24, 2019. Ultimately, both men were released on bail, with strict house arrest conditions. Shikhman told the Star that although Brampton stands out for the frequency and length of delays, it is a systemic problem seen provincewide. “The system needs a remember that if you let things fall through the cracks and don’t keep up with the growing population and the amount of resources required, then you’re violating constitutional rights of a systemic nature,” Shikhman said. Last May, the Ontario Court of Justice issued new directives to speed up special bail hearings during the COVID-19 pandemic, which began after the Simonellis’ hearing. However, Harris wrote, no evidence was provided by the Crown to show these measures have had any effect on reducing delays. “Whether the problem is scarcity of resources, inefficient use of available resources or both in combination, the evidence adduced shows that nothing significant has been done to address the situation besides Ms. Allison’s memo and the practice directions,” Harris wrote. “These efforts have failed to wrestle with the root of the problem or lead to meaningful change.” Jason Miller is a Toronto-based reporter for the Star covering crime and justice in the Peel Region. His reporting is funded by the Canadian government through its Local Journalism Initiative. Reach him on email: jasonmiller@thestar.ca or follow him on Twitter: @millermotionpic Jason Miller, Local Journalism Initiative Reporter, Toronto Star
When Kerri Thompson was allowed to see her mother once again as an essential visitor to her assisted living residence, it was a lifeline for the family. Kerri’s mother, Joyce, was a regular visitor to the Alzheimer Society of York Region’s D.A.Y. program six days a week. Her visits to their Edward Street facility offered social interaction that was not only craved, but needed. She was busy, staying active and, in doing so, remained vital, engaged and interested. But, when COVID-19 forced the shut-down of the regular D.A.Y. programs and Joyce was largely confined to her room, Kerri saw Joyce begin a rapid decline. “My mom’s world was narrowing with COVID and now it’s literally one room,” says Kerri. “Each day, all she wants to do is do what she always loved to do, which is go for a walk. That one small pleasure and a sense of normalcy has been taken away. For her own health, she cannot leave her room and yet, for her mental health, all this is just devastating. She is losing her strength and her confidence to walk.” Kerri being deemed an essential visitor helped to a degree. Although her mother was still confined to her room, Kerri was allowed to visit after following all protocols, but four days after Joyce was out of lockdown, Kerri tested positive for COVID-19. Not being able to visit her mother as an essential visitor during that trying time was understandable and necessary, but no less difficult. While Kerri was sick with mild symptoms, Joyce, who tested negative, saw isolation set in even deeper. It goes without saying that COVID-19 is devastating, but “COVID-Alzheimer’s” is another thing altogether. “Thank God for the wisdom of the government officials and general managers at the respective retirement homes to understand that COVID is absolutely too isolating for seniors and that we had to do something different from what we did in March, April and May, which was to lock them in their rooms,” says Kerri. “For the people lucky enough to be on the first floor, they got to wave to their loved ones and all the rest, but others missed even that little glimmer of interaction. There were a lot of people trying to do the right things for the right reasons, but not looking at the total impact of keeping people alive. There’s more to it than that that we have to consider. It is a no-win situation. If just one person gets sick from this idea [of essential visitors] then the public is in an uproar.” By the time Kerri was first deemed an essential visitor, she had to re-learn the rules of the game. Not only were there new and strict screening measures, she couldn’t take her mother into common areas. Confined to their room, both Joyce and her daughter were required to mask up. They couldn’t hug, hold hands or otherwise touch. They could not eat or drink when they were together and they had to sit six feet apart. “But, the fact that we were able to be in the same room was wonderful,” says Kerri. “With my mum having Alzheimer’s, which is an isolating disease because they get lost in their own locked room in their mind, kind of being in that locked room physically too, I lost a lot of her. Her Alzheimer’s came on harder and faster, not to the fault of anybody, but just to the reality of a pandemic. She’s less interactive. She wouldn’t get as excited. It was just so long that she had done anything but stare at those four walls that there wasn’t that same amount of energy, desire and remembrance of some of the fun things she had done more recently while having Alzheimer’s. She even lost that.” Joyce was first diagnosed with Alzheimer’s Disease 18 months ago, but Kerri says the reality of the situation was her fight has been “twice as long as that.” It was a difficult but necessary decision to put her in an assisted living facility so she could get the help, care and safety that she needed. “I knew she was fraying around the edges, specifically because she had lost her sense of time,” Kerri shares. In a pandemic, that has been a mixed blessing. While Kerri says Joyce doesn’t have a concept of how long this pandemic has been going on, there is a huge negative in that every day there could be a disappointment in waking up and not fully understanding why you can’t leave your room or receive visitors. “At the first stages of this pandemic, I couldn’t even visit her. I was the person standing outside her window every single day, usually with my then-15-year-old son just waving to her. We weren’t even allowed to have the window open to try and communicate with her out of logical fear of the virus. Some days you would see her in tears and some days you saw a smile on her face, but you didn’t know what you were going to get. Every day I was distracted – never with her safety, because the retirement home does a great job – but it was more her happiness. “Sitting alone in her room has taken away the joy. She knows enough about what she is missing to say, ‘Kerri, sometimes I just want to scream.’ I get you, mom. Go ahead and I will scream with you. Please, we need the vaccine faster so mom can go to the Alzheimer Society of York Region D.A.Y. program and fight to keep what abilities she has.” Kerri’s quarantine ended on January 8 – 14 days are an “eternity” when it comes to Alzheimer’s, she says – and she can’t wait to be with her mother once again, but this difficult journey has only underscored that the isolation that is a by-product of COVID can have unintended consequences. “I have nothing but applause to give to the caregivers and management of the facility that my mom is at,” says Kerri. “To be honest, there isn’t a single thing that I truly think they could do differently, except one little thing that would make me and my mother happy is if I could bring her in the car and just drive her around. “We’re trying to be smart but at the end of the day the most important thing is their happiness in the last years of their life. Let them have meals together as opposed to going into these outbreak situations where everyone has to stay in their room and there are no activities. I am hoping once the vaccination moves through retirement homes, essential workers, that they can look ahead and say, ‘We have the vaccine. What did this allow us to do different from where we were a month or six months ago because to die of loneliness – that, to me, is the cruellest thing of all, when there are all these people around who are loving and caring and just can’t get access. That goes for the people who work in the retirement home: they are loving and caring and they are not allowed right now to do the activities, to give hugs, to hold people’s hands. They would if they could, but they dare not to.” Brock Weir, Local Journalism Initiative Reporter, The Auroran
President Joe Biden is hiring a group of national security veterans with deep cyber expertise, drawing praise from former defense officials and investigators as the U.S. government works to recover from one of the biggest hacks of its agencies attributed to Russian spies. "It is great to see the priority that the new administration is giving to cyber," said Suzanne Spaulding, director of the Defending Democratic Institutions project at the Center for Strategic and International Studies. Cybersecurity was demoted as a policy field under the Trump administration.
PORTLAND, Ore. — The U.S. Bureau of Land Management in the final days of the Trump administration issued a grazing permit to Oregon ranchers whose imprisonment sparked the 2016 armed takeover of a federal wildlife refuge by right-wing extremists. Interior Secretary David Bernhardt’s restored Dwight and Steven Hammond’s grazing permit earlier this week, which lasts for 10 years, Oregon Public Broadcasting reported. The father and son had their permit revoked after a jury convicted them in 2012 of arson on public lands a decade earlier. The men went to prison, served time and were released, but the U.S. Department of Justice later ordered them back to prison to finish the mandatory minimum five-year sentence. That kicked off the 41-day armed occupation of the Malheur National Wildlife Refuge, which is 300 miles (483 kilometres) southeast of Portland. The Oregon State Police fatally shot one occupier, saying he reached for a pistol at a roadblock. The leaders of the takeover, Ammon and Ryan Bundy, and five others were later acquitted of conspiring to impede federal workers from their jobs at the refuge. In 2018, Then-President Donald Trump pardoned the Hammonds, allowing them to be freed from federal prison. In a proposal to grant the Hammonds grazing rights on Dec. 31, the land agency said Hammond Ranches should be allowed to graze their cattle on about 26,000 acres (10,522 hectares) in the high desert of eastern Oregon. The federal agency cited the Hammonds’ “extensive historic use of these allotments, past proper use of rangeland resources, a high level of general need, and advantages conferred by topography.” In 2014, when Barack Obama was president, the agency denied Hammond Ranches a renewal of its grazing permit, saying the business “does not have a satisfactory record of performance” and cited numerous incidents of arson. At the father and son's trial, witnesses testified that a 2001 arson fire occurred after Steven Hammond and his hunting party illegally slaughtered deer on federal property. One said Steven, the younger of the Hammonds, handed out matches with instructions to “light up the whole country.” The jury also convicted him of setting a 2006 blaze. Western Watersheds Project and WildEarth Guardians have said they would protest the decision to grant the Hammonds a grazing permit. The Associated Press
MEXICO CITY — Mexico posted new one-day highs for the pandemic Thursday, with 22,339 newly confirmed coronavirus infections and 1,803 deaths from COVID-19 recorded for the previous 24 hours. The recent surge in cases has swamped hospitals. Mexico City is the country's epicenter of the pandemic, and its hospitals are at 89% capacity, while nationwide 61% of hospital beds are filled. The difficulty in finding space in hospitals has led many families to try to treat their relatives at home, which has created spot shortages of oxygen and tanks. That has been accompanied by a jump in prices as well as an uptick in thefts targeting oxygen tanks. The situation has also sparked home remedies, including home-made oxygen concentrators that officials warned are dangerous. One video circulating on Facebook shows a Mexican couple connecting a fish-tank air pump to a hose in an effort to boost the man's oxygen levels. The head of civil defence for the city of Puebla, Gustavo Ariza, issued a public warning against such improvised devices, noting they do not increase oxygen concentration and simply re-circulate air. “This is trickery. Please, people, don't do this," Ariza said. Assistant Health Secretary Hugo López-Gatell joined in the warnings. “We are concerned that people might waste time in te hope that this would work, and over the course of hours or days, very few days, the person's condition worsens,” hel said. López-Gatell said the Mexican government is going to pass rules that would give priority to medicinal oxygen production over industrial uses to free up supplies. The government is also looking to buy oxygen tanks abroad. The Associated Press
VANCOUVER — Tyler Toffoli continued to run amok over the Canucks Thursday, tallying two goals and an assist as the Montreal Canadiens dominated Vancouver 7-3. The three points added to the hat trick Toffoli scored against the Canucks — his former team — in Vancouver’s 6-5 shootout win over Montreal on Wednesday. Joel Armia had two goals and two assists, and Josh Anderson, Jake Evans and Ben Chiarot each scored for the Canadiens (3-0-2) Thursday. Vancouver (2-4-0) got a pair of goals from Bo Horvat, one from Brandon Sutter and a pair of assists from Tyler Myers, who took a five-minute major for a checking to the head on Armia late in the third period to go along with three minors for a total of 11 minutes in penalties. Montreal goalie Jake Allen registered 14 saves and captured the 150th win of his NHL career. Thatcher Demko stopped 35-of-42 shots for the Canucks. The Canadiens sealed the score with 1:05 left on the clock when Chiarot's rocket from the blue line beat Demko. The goal was Montreal's only power-play marker on the night, despite having the man advantage nine times. Sutter temporarily put a dent in the Canadiens' lead 4:56 into the third period with a nifty backhand that hit the cross bar before dropping into the net, making the score 6-3. But the Canucks had already fallen apart over the course of 94 seconds in the second frame. Toffoli scored Montreal's second short-handed goal of the night, putting a shot behind Demko 1:13 in. Vancouver battled through much of the frame before crumbling around the 15-minute mark. J.T. Miller took a shot from the blue line that Allen turned away with his pads. Nick Suzuki stole the rebound and sprinted down the ice alone. Demko stopped Suzuki's shot but Anderson was lying in wait at the side of the net to bat the rebound out of the air and into the Canucks goal. Just nine seconds later the Canadiens struck again when Paul Byron whipped a pass across the crease to Evans, who buried it. Armia struck next, scoring with a backhand shot from the slot to put Montreal up 6-2. Vancouver challenged the play for goalie interference but after a review, officials upheld the call on the ice. It was the second flurry of scoring action on the night. The two sides also combined for four goals in the first eight minutes of the game. The Canadiens were first on the board after Brogan Rafferty was caught trying to clear the puck from behind the Canucks' net. It was picked off his stick and a battle ensued in front of the crease. Toffoli came away with it and snapped a shot past Demko to open the scoring 1:54 into the first frame. It took Vancouver less than 90 seconds to respond. Myers took a long shot from the top of the face-off circle and Horvat deflected it in to knot the score at 1-1. A Canucks power play took a turn for the worse after Jonathan Drouin was called for holding 3:55 into the first period. Vancouver defenceman Nate Schmidt gave the puck away deep inside his own zone, where it was picked up by Toffoli. He dished it off to Armia and the right-winger fired it past Demko for Montreal's first short-handed marker of the night. Horvat tied the game at 2-2, beating Allen with a one-timer from the point on a power play before the midway mark of the first period. Vancouver’s veteran defenceman Alex Edler and Travis Hamonic were injured Wednesday's outing and missed Thursday’s game. Hamonic was placed on injured reserve Thursday. The lack of blue line depth was apparent in the second half of the back-to-back, with the Canucks dressing Rafferty, Olli Juolevi and Jalen Chatfield — a trio that had played a total of seven NHL games. Chatfield suffered an upper-body injury midway through the first period and did not return. The Habs and Canucks will close out their three-game series at Rogers Arena on Saturday. NOTE: All five of Toffoli's goals this season have come against Vancouver. The 28-year-old centre signed with Montreal in free agency after play 10 regular-season games with the Canucks last year. … The Canadiens fared better on the Canucks' power play than their own, scoring two short-handed markers and capitalized on just one man advantage. This report by The Canadian Press was first published Jan. 21, 2021. Gemma Karstens-Smith, The Canadian Press
Leaders from across Canada recently gathered to talk about Indigenous child and family wellbeing, and the implementation of the Act respecting First Nations, Inuit and Métis children, youth and families, also known as Bill C-92. “This legislation ensures that First Nations laws are paramount, so we can focus on prevention, as opposed to apprehension,” says Perry Bellegarde, National Chief of the Assembly of First Nations (AFN), in a welcome letter to those participating in the virtual gathering on Jan. 19. Since the Act came into force, “there has been significant effort by First Nations across Canada to take back authority for child and family services,” says University of British Columbia law professor Mary Ellen Turpel-Lafond, who broke down the Act’s key principles in her keynote presentation. This was the first of five virtual leadership gatherings focused on the Act — which came into force on Jan. 1, 2020 — to be hosted by the AFN. Over the course of the series, attendees can expect to “hear presentations and updates about the Act and its implementation, learn about tools and resources for First Nations leadership implementing the Act, and discuss the changes that will come with implementation,” says Bellegarde. The Act was co-developed with Indigenous peoples, provinces and territories to reduce the overrepresentation of Indigenous children and youth in care, according to the Government of Canada. “We are in a moment of change,” says Turpel-Lafond, who served as B.C.’s Representative for Children and Youth from 2006-2016. Under the Act, there are two options for Nations to exercise their jurisdiction over child and family services, according to the Government of Canada. Nations can give notice of their intent to exercise their jurisdiction to the Minister of Indigenous Services and relevant provincial or territorial governments. In this case, the Indigenous governing body’s laws on child and family services would “not prevail over federal, provincial and territorial laws.” Or Nations can request a “tripartite coordination agreement with Indigenous Services Canada and relevant provincial or territorial governments.” In the latter case, if parties can reach an agreement within 12 months “or reasonable efforts to reach an agreement were made” during that year — “including use of alternative dispute resolution mechanism” — the Indigenous governing body would exercise its jurisdiction and its laws on child and family services would “prevail over federal, provincial and territorial laws.” As of Dec. 23, 2020, Indigenous Services Canada (ISC) had “received requests and notices to exercise jurisdiction under the Act from 26 Indigenous governing bodies, representing 64 Indigenous groups and communities,” according to an ISC spokesperson. Nine Nations have sent notice of their intent to exercise their jurisdiction while 17 Nations have requested coordination agreements. Not only does the Act create pathways to self-determination for nations working to reclaim jurisdiction over child and family services, but Turpel Lafond says it also “reframes’’ the best interests of the child — a key concept in Canada’s child welfare system. “There’s a concept or doctrine in the provincial child welfare system to remove the kids, and to say it’s not in the best interest of First Nations kids to be with their families.” Under the new legislation, the best interests of the child are reframed to include the principles of the United Nations Declaration on the Rights of Indigenous People, she says. “We know [that UNDRIP] has very important protections and provisions,” she says, pointing to Article 8 of the declaration, which calls on the state to “provide effective mechanisms” to prevent “any form of forced assimilation.” “The best interest is no longer about the removal,” says Turpel-Lafond. ”The best interest is about keeping children with community.” The next virtual gathering in AFN’s series will be on Feb. 9, with a continued focus on navigating Indigenous child and family services legislation. Anyone can register to attend and there is no cost. Anna McKenzie, Local Journalism Initiative Reporter, The Discourse
CHICAGO — An Illinois man was ordered held without bond Thursday for allegedly threatening the lives of President Joe Biden and other Democrats before this week's inauguration. U.S. Magistrate Judge Gabriel Fuentes rejected a defence argument that there was no evidence Louis Capriotti had any real plan to act on the threat. Capriotti, 45, of Chicago Heights faces a federal charge of transmitting a threat in interstate commerce. In rejecting bail for Capriotti, Fuentes said it was concerning Capriotti continued to make threats of violence to members of Congress even after the FBI told him a year ago to stop making threats. “Threats hurt people,” Fuentes said at the end of a nearly 90-minute hearing. “They terrorize people. They make people afraid. There’s an argument to be made that’s what they’re intended to do in the first place.” During the hearing, prosecutors played an excerpt of the Dec. 29 call at the heart of the criminal complaint, left on the voicemail of an unidentified New Jersey congressman. The message was peppered with obscenities. “If they think that Joe Biden is going to put his hand on the Bible and walk into that (expletive) White House on January 20th, they’re sadly (expletive) mistaken,” a man alleged to be Capriotti can be heard saying. A similar threat was made concerning now Vice-President Kamala Harris. The arrest of Capriotti came less than a week after supporters of then-President Donald Trump stormed the U.S. Capitol to stop Congress from ratifying the electoral vote for Biden, leading to the deaths of a police officer and four others. Capriotti’s lawyer, Jack Corfman, argued home detention would be sufficient to ensure the safety of the community, especially since Biden's and Harris' inaugurations passed and “went smoothly.” Assistant U.S. Attorney William Dunn disagreed, saying Capriotti has a long history of ignoring court orders and only needs a phone to continue his campaign of harassment. The Associated Press
NEW YORK — A lawyers' group filed an ethics complaint against Rudy Giuliani with New York's courts, calling for him to be investigated and his law license suspended over his work promoting former President Donald Trump's false allegations over the 2020 election. Lawyers Defending American Democracy, which includes former judges and federal attorneys among its members, sent the complaint on Wednesday to the Attorney Grievance Committee of the state's court system saying Giuliani had violated the rules of professional conduct. “Giuliani has spearheaded a nationwide public campaign to convince the public and the courts of massive voter fraud and a stolen presidential election," the complaint said. The complaint called for the committee to investigate Giuliani's conduct, including his comments at a rally before rioters stormed into the U.S. Capitol, and to suspend his law license immediately while any investigation is being done. A message was left with the committee seeking comment. An investigation would be the first step in a process that could lead to a disbarment. Another complaint against Giuliani was filed earlier in January by New York state Sen. Brad Hoylman, a Democrat, who asked that disbarring Giuliani be taken up for consideration. The New York State Bar Association separately has opened an inquiry into whether he should be expelled from that organization, which is a voluntary membership organization. An email seeking comment was sent to Giuliani's representative. The New York Times reported that on his radio show on Thursday, Giuliani said “the whole purpose of this is to disbar me from my exercising my right of free speech and defending my client, because they can’t fathom the fact that maybe, just maybe, they may be wrong." The Associated Press
An additional $50 million in provincial funding is being earmarked for K-12 school capital projects, ranging from roof replacements to ventilation system upgrades, Manitoba’s education minister announced Thursday. Combined with a prior 2020 budget commitment of $160 million, the sum will both help facilities get much-needed upgrades and bring the province closer to its goal of opening 20 new schools in 10 years, Education Minister Cliff Cullen told reporters. “We must continue Manitoba’s ongoing investment in school infrastructure for the longevity of our schools and to improve accessibility for all students,” he said during a news conference. Cullen said investments will be made into multi-year projects already underway, purchasing future school sites, upgrading mechanical systems in schools, structural projects, and building new portable classrooms across Manitoba. Of the $210 million in total funding for infrastructure projects, $76 million has been allocated for existing projects and $61 million for new schools. Six new schools have opened, two are going to tender in the spring, and design will start on four projects during the 2021-22 school year, Cullen said. New schools are expected to be built in the Division scolaire franco-manitobaine and the Brandon, Louis Riel, River East Transcona, Seven Oaks, and Pembina Trails school divisions in the coming years. The province plans to spend $64 million on 84 renewal projects. That sum is broken down into: $10 million for access projects, such as elevator and wheelchair lift installations; $21 million for mechanical system upgrades for infrastructure, such as boilers and ventilation systems; $16 million for roof replacements; and $16 million to fix structural problems with aging foundations, walls and historic entrance stonework. The remaining $8 million is for building portable classrooms that can be moved wherever needed. Following the announcement, NDP education critic Nello Altomare called on the province to make “a real” investment in schools. “Now more than ever, kids deserve a quality education system that helps them succeed despite the pandemic. The Pallister government can continue to make promises, but the reality is they would rather underspend than help kids,” Altomare, MLA for Transcona, said in a statement. Last year, for the third year in a row, public schools received a $6.6-million boost in funding, totalling $1.33 billion — an approximately 0.5 per cent increase. Critics voiced concerns about the operating funding allocations — which are typically announced in late January — not keeping up with inflation and the province hamstringing divisions by capping education property tax increases to a maximum of two per cent. Also on the education file, Manitoba Education confirmed Thursday it is calling off spring senior provincial exams for the second year in a row. The province previously cancelled Grade 12 winter exams, citing learning disruptions throughout the COVID-19 pandemic. “We’re still expecting that teachers will be evaluating Grade 12 students, whether that be some form of exam or testing,” Cullen said, adding the decision was made to ease the burden on students and teachers this year. The minister added Manitobans can expect an announcement on the teacher COVID-19 rapid-testing pilot in the coming days. Sixty rapid tests had been completed, as of Thursday afternoon. Maggie Macintosh, Local Journalism Initiative Reporter, Winnipeg Free Press
The “Shop Local” movement is in full swing as we endure a second lockdown, but there’s another movement one resident says we should take to heart as well: grow local – at least when it comes to eggs. That was the message delivered to Council last week by local resident Darryl Moore. Mr. Moore, a long-time proponent of a being able to keep backyard hens in Aurora, said going down this road and adopting the necessary bylaws to make it happen could pave the way not only for home-raised food in the form of eggs, but also pets, companionship, and even educational opportunities. “These are small things, but they’re important,” said Mr. Moore. “I know I have autistic children and animals are a very good thing for them, and chickens work very well that way. As well, people are learning where their food comes from.” This is not the first time Council has considered a backyard hen program, but previous efforts have fallen on the issues of odour, noise, and potentially attracting predators into neighbourhoods. Mr. Moore tackled these issues point by point, contending that backyard hens have no greater impact than dogs, cats or other conventional pets when it comes to odour and any scents are easily mitigated. As for noise, roosters would be the main culprits and would fall outside of any backyard hen program. But the issue of predators, however, was less clear cut. “It depends on where you live,” said Mr. Moore. “Where I live on Victoria Street, wolves and coyotes are not a big issue. Next to a ravine, they might be. It is easy enough to fortify the coops so it is not a big issue and you fortify them as much as you need depending on the types of predators you can expect. Chickens are on the bottom of the food chain, so animals are going to want to eat them, but it is easy enough to take care of.” The impact of backyard hens on property values, he admitted, was harder to evaluate but research and conversations with realtors, he contended, indicate it is minimal. “The main issue is people’s perceptions,” he said. “Property value is a perception. It isn’t really there because there isn’t an issue – people often don’t notice the chickens. Everyone has the right to enjoy their property to the best they can and that is probably the thing that comes up: they don’t want the nuisance of a chicken next door. There’s a lot of interest in this Town for backyard hens and I am really hoping that given the experience other municipalities have had, including ones right next door, that we can move quickly and implement based on knowledge and come up with some pilot project to get started and then move from there.” If Aurora adopted a backyard hen program, they wouldn’t be reinventing the wheel. Similar programs have been piloted in the City of Toronto while the Town of Newmarket has incorporated provisions into their bylaws whereby all one has to do is apply for a permit with the Town, with some restrictions tied to yard size. Mr. Moore’s pitch received a mixed reception from Council. One lawmaker to signal their tentative support was Councillor Rachel Gilliland, who questioned the best method of getting a pilot project up and running. While the earliest a motion to do can be brought forward is February, she said there is much to consider. “It seems there is an appetite and other municipalities have taken that step,” she said. “Maybe there is some room to foster this idea and something we can implement here.” Less enthusiastic, however, was Councillor Harold Kim, who said he would not be able to support the idea “at this time.” “It is not because I don’t necessarily agree with your project, because it is certainly a noteworthy one…but this reminds me of when a couple of members of Council, including the then-mayor introduced the transparent garbage bags [initiative]. It was a very worthy project to move forward with, but do we have acceptance from the general community and the public? They have also inherited an intrinsic right to enjoy their property. Even though everything you say might be scientifically correct, it is about convincing everyone around you and that is a big problem and the challenge for me. I think it is just a matter of time. “It is about convincing our fellow neighbours and our community members to adopt it. It is not necessarily an overcoming [of] the fears of coyotes or salmonella…even though we have all the facts on the presentation. It is about convincing the general public. For those reasons, it is going to be challenging for me to sponsor it.” Brock Weir, Local Journalism Initiative Reporter, The Auroran
Christmas was always going to be a difficult time for residents of retirement and long-term care homes unable to spend the festive season with their families. For individuals living at Aurora’s Kingsway Place Retirement Residence, the season was especially challenging as they were declared in an active COVID-19 outbreak situation on Christmas Eve. The outbreak, which York Region Public Health closed on Tuesday, January 19, ultimately took the lives of three residents and, this past Friday, there was a much-needed dose of “relief” and “elation” as residents and staff received the COVID-19 vaccine. Kingsway Place was one of several retirement and long-term care residences across York Region to receive the Moderna vaccine last week. As of Friday, January 15, 5,190 doses of the vaccine were delivered to long-term care homes and 1,620 to retirement homes. 2,831 had been administered to residents of long-term care, not including staff and essential caregivers. 1,320 doses were given to staff and essential caregivers in long-term care and a total of 1,569 residents and 91 staff of retirement homes have received doses. “The safest place for our residents was their suites and when the vaccine rolled in on Friday of last week, it has been tremendous because it has given people the sense that as a little more time goes past, they are getting some level of safety against the virus and that has been huge for people,” says Ray Barlow, Director of Operations for Fieldgate Retirement Living. “There was a lot of elation, families were extremely happy, residents were incredibly relieved. York Region did a tremendous job bringing in the paramedics. They were on site, the family doctor was here, Southlake was here, and York Region Public Health nurses were on site, so there was a real show of force to come in and get the job done quickly and efficiently. They all worked extremely hard and gave a lot of confidence to our residents that they were on the road to safety.” Mr. Barlow praises staff for their response to the outbreak, noting that not one of the caregivers left once the outbreak was declared. In fact, many stayed nights at the residence to pitch in to combat the outbreak. “That tells a real story and I think that is a testament to the staff at Kingsway,” says Mr. Barlow. In his weekly update, Dr. Karim Kurji, York Region’s Medical Officer of Health, said work continues “diligently” between York Region Public Health, Paramedics, hospital partners and nurse practitioners in the community to get the job done in long-term care and retirement settings. “These are places that the majority of the outbreaks have been happening and these are the places where about two-thirds of the deaths have been experienced in York Region have occurred,” he said. “As more and more vaccine becomes available, we’ll be moving into other groups, but we have to work very closely with the Province to ensure equitable distribution of vaccines across the Province.” That being said, the delivery of the Moderna vaccine to retirement homes has been temporarily stopped by York Region Public Health to “re-allocate the Pfizer vaccine to homes in an effort to hold back a second dose for long-term care home residents, staff, and essential caregivers who received a first dose of Moderna,” according to Patrick Casey, Director of Corporate Communications for the Region of York. “As such, the remaining doses, 2,190, are being held back as second doses for those in long-term care and retirement homes who already received the first dose,” said Casey on Friday. “Immunization with Pfizer is ongoing in retirement homes and will be continued over the weekend and on Monday. Some catch-up of long-term residents, for example those not able to receive the vaccine at previous visits due to being COVID-19 positive or consent not provided by substitute decision-makers were done on Saturday, January 16.” Brock Weir, Local Journalism Initiative Reporter, The Auroran
WASHINGTON — After an unexplained delay, the Pentagon announced plans Thursday to move ahead with a military trial for three men held at the U.S. base at Guantanamo Bay, Cuba, who are suspected of involvement in deadly bombings in Indonesia in 2002 and 2003. A senior military legal official approved non-capital charges that include conspiracy, murder and terrorism for the three men, who have been in U.S. custody for 17 years for their alleged roles in the deadly bombing of Bali nightclubs in 2002 and a year later of a J.W. Marriott Hotel in Jakarta. The timing of the charges, which had been submitted under President Donald Trump but not finalized, caught attorneys for the men by surprise and would seem to be in conflict with President Joe Biden's intention to close the detention centre. Gen. Lloyd Austin, Biden's nominee to be secretary of defence, this week reaffirmed the intention to close Guantanamo to the Senate committee considering his nomination. "The timing here is obvious, one day after the inauguration,” said Marine Corps Maj. James Valentine, the appointed military attorney for the most prominent of the three. “This was done in a state of panic before the new administration could get settled.” A spokesman for the military commissions, which have been bogged down for years over legal challenges largely centred around the brutal treatment of men during their previous confinement in CIA detention facilities, had no immediate comment. Military prosecutors filed charges against Encep Nurjaman, an Indonesian known as Hambali, and the other two men in June 2017. The case was rejected by the Pentagon legal official known as a convening authority for reasons that aren't publicly known. “The case fell apart on them. I cannot tell you why because that’s classified,” said Valentine, part of the legal team for Hambali. Now that the convening authority has approved charges, the U.S. must arraign the prisoners before the military commission at the base in Cuba. Court proceedings at Guantanamo have been halted by the pandemic and it's not clear when they will resume. Hambali is alleged to have been the leader of Jemaah Islamiyah, a Southeast Asian affiliate of al-Qaida. The Pentagon said in a brief statement on the case that he is accused with Mohammed Nazir Bin Lep and Mohammed Farik Bin Amin, who are from Malaysia, of planning and aiding the attacks. All three were captured in Thailand in 2003 and held in CIA custody before they were taken to Guantanamo three years later. The October 2002 bombings on the tourist island of Bali killed 202 people, mostly foreign tourists, including 88 Australians. A cleric who inspired it, along with other attacks, was released from an Indonesian prison earlier this month after completing his sentence for funding the training of Islamic militants. The August 2003 attack on the J.W. Marriott Hotel in Jakarta killed 12 and wounded about 150. In December, Indonesian police arrested a man believed to be the military leader of Jemaah Islamiyah network. The most prominent Guantanamo case, involving five men charged in the Sept. 11, 2001, terrorist attacks, has been stuck in the pre-trial phase since their arraignment in May 2012. No date for the death penalty trial has been set. The U.S. holds 40 men at Guantanamo. President Barack Obama sought to close the detention centre, move the prisoners to facilities inside the United States and transfer military trials to civilian court. Obama reduced the prisoner population but his effort to close Guantanamo was blocked by Congress, which prohibited transferring anyone from the base to the U.S. for any reason. Biden has said he favours closing the detention centre but has not yet disclosed his plans for the facility. In written testimony to the Senate, Austin said he would work with others in the administration to develop a “path forward” to closure. “I believe it is time for the detention facility at Guantanamo to close its doors," he said. Ben Fox, The Associated Press
FLAGSTAFF, Ariz. — On the first day of Joe Biden's presidency, Native Americans had reason to celebrate. Biden halted construction of the border wall that threatened to physically separate Indigenous people living on both sides. He also revoked a permit for the Keystone XL oil pipeline that tribes fought in court for years, and he agreed to restore the boundaries of the first national monument created specifically at the request of tribes in southern Utah. Inaugural events showcased tribes across the country in traditional regalia, dancing and in prayer. But amid the revelry, some Native Americans saw a glitch in Wednesday's swearing-in ceremony. The only mention of Indigenous people came in the benediction delivered by the Rev. Silvester Beaman. And then there was the mishmash of songs sung by Jennifer Lopez that included lyrics from “This Land is Your Land." The folk tune is popular around campfires and in grade schools, but it also called to mind the nation's long history of land disputes involving tribes. “Oh, I love J.Lo," said Kristen Herring, who is Lumbee and lives in Austin, Texas. “It wasn't super disappointing that she sang it. But I was like, ‘Oh, why did that have to be on the list of things to sing?’" Woody Guthrie, who wrote the song in the 1940s, meant it as a retort to “God Bless America” and a rebuke to monetizing land at a time of economic crisis, said Gustavus Stadler, an English professor and author of “Woodie Guthrie: An Intimate Life." Lopez put a twist on it, throwing in part of the Pledge of Allegiance in Spanish that translates to “justice for all.” The Guthrie song has been a symbol of equality, inclusion and unity. Lady Gaga sang a rendition of it at the Super Bowl months after Donald Trump took office. It was part of Barack Obama's inaugural programming, with a trio of singers, including Bruce Springsteen, adding back some of the original, more controversial verses. But arriving amid an effort by some tribes to be recognized as stewards of ancestral land, a movement known as Land Back, the lyrics hit the wrong note for some tribal members. “It's a nice little sentiment that America is this mixing pot,” said Benny Wayne Sully, who is Sicangu Lakota and lives in Los Angeles. “But does anybody believe this land was made for you and me? Or was it made for white folks? People forget this land was made of brown people before it was colonized." Rep. Deb Haaland, who is from Laguna Pueblo in New Mexico, acknowledged that perspective in a virtual welcoming to the inaugural events over the weekend. She's been nominated to lead the Interior Department, which oversees tribal affairs. If confirmed, she would be the first Native American in a Cabinet post. That's one of the reasons Cherie Tebo was able to look past the song that she said was inappropriate and emphasized how little some Americans know about Indigenous people. She sees an opportunity for tribes to have a seat at the table in Biden's administration, citing Haaland and Winnebago tribal member Ann Marie Bledsoe Downes, who has been named a deputy solicitor for the Interior Department. “In order to make it work, ‘this land is your land, this land is my land,' people (need) to understand it doesn’t belong to us,” said Tebo, who also is Winnebago. “If anything, we belong to it. And when our land is sick, we are sick." ___ Fonseca is a member of The Associated Press' Race and Ethnicity team. Follow her on Twitter at https://twitter.com/FonsecaAP. Felicia Fonseca, The Associated Press
Amazon won't be forced to immediately restore web service to Parler after a federal judge ruled Thursday against a plea to reinstate the fast-growing social media app, which is favoured by followers of former President Donald Trump. U.S. District Judge Barbara Rothstein in Seattle said she wasn't dismissing Parler's “substantive underlying claims” against Amazon, but said it had fallen short in demonstrating the need for an injunction forcing it back online. Amazon kicked Parler off its web-hosting service on Jan. 11. In court filings, it said the suspension was a “last resort" to block Parler from harbouring violent plans to disrupt the presidential transition. The Seattle tech giant said Parler had shown an “unwillingness and inability” to remove a slew of dangerous posts that called for the rape, torture and assassination of politicians, tech executives and many others. The social media app, a magnet for the far right, sued to get back online, arguing that Amazon Web Services had breached its contract and abused its market power. It said Trump was likely on the brink of joining the platform, following a wave of his followers who flocked to the app after Twitter and Facebook expelled Trump after the Jan. 6 assault on the U.S. Capitol. Rothstein said she rejected “any suggestion that the public interest favours requiring AWS to host the incendiary speech that the record shows some of Parler’s users have engaged in.” She also faulted Parler for providing ”only faint and factually inaccurate speculation” about Amazon and Twitter colluding with one another to shut Parler down. Parler said Thursday it was disappointed by the ruling but remains confident it will “ultimately prevail in the main case,” which it says will have “broad implications for our pluralistic society.” Amazon said it welcomed the ruling and emphasized that “this was not a case about free speech,” a point also underscored by the judge. Parler CEO John Matze had asserted in a court filing that Parler’s abrupt shutdown was motivated at least partly by “a desire to deny President Trump a platform on any large social-media service.” Matze said Trump had contemplated joining the network as early as October under a pseudonym. The Trump administration last week declined to comment on whether he had planned to join. Amazon denied its move to pull the plug on Parler had anything to do with political animus. It claimed that Parler had breached its business agreement “by hosting content advocating violence and failing to timely take that content down.” Parler was formed in May 2018, according to Nevada business records, with what co-founder Rebekah Mercer, a prominent Trump backer and conservative donor, later described as the goal of creating “a neutral platform for free speech” away from “the tyranny and hubris of our tech overlords.” Amazon said the company signed up for its cloud computing services about a month later, thereby agreeing to its rules against dangerous content. Matze told the court that Parler has “no tolerance for inciting violence or lawbreaking” and has relied on volunteer “jurors” to flag problem posts and vote on whether they should be removed. More recently, he said the company informed Amazon it would soon begin using artificial intelligence to automatically pre-screen posts for inappropriate content, as bigger social media companies do. Amazon last week revealed a trove of incendiary and violent posts that it had reported to Parler over the past several weeks. They included explicit calls to harm high-profile political and business leaders and broader groups of people, such as schoolteachers and Black Lives Matter activists. Google and Apple were the first tech giants to take action against Parler in the days after the deadly Capitol riot. Both companies temporarily banned the smartphone app from their app stores. But people who had already downloaded the Parler app were still able to use it until Amazon Web Services pulled the plug on the website. Parler has kept its website online by maintaining its internet registration through Epik, a U.S. company owned by libertarian businessman Rob Monster. Epik has previously hosted 8chan, an online message board known for trafficking in hate speech. Parler is currently hosted by DDoS-Guard, a company whose owners are based in Russia, public records show. DDoS-Guard did not respond to emails seeking comment on its business with Parler or on published reports that its customers have included Russian government agencies. Parler said Thursday it is still working to revive its platform. Although its website is back, it hasn’t restored its app or social network. Matze has said it will be difficult to restore service because the site had been so dependent on Amazon engineering, and Amazon’s action has turned off other potential vendors. The case has offered a rare window into Amazon’s influence over the workings of the internet. Parler argued in its lawsuit that Amazon violated antitrust laws by colluding with Twitter, which also uses some Amazon cloud computing services, to quash the upstart social media app. Rothstein, who was appointed to the Seattle-based court by Democratic President Jimmy Carter, said Parler presented “dwindlingly slight” evidence of antitrust violations and no evidence that Amazon and Twitter “acted together intentionally — or even at all — in restraint of trade.” ___ AP Technology Writer Frank Bajak contributed to this report from Boston. Matt O'Brien, The Associated Press
PUNE, India — At least five people were killed in a fire that broke out Thursday at a building under construction at Serum Institute of India, the world’s largest vaccine manufacturer, officials said. The company said the blaze would not affect production of the COVID-19 vaccine. Murlidhar Mohol, mayor of Pune city in southern Maharashtra state, said five bodies were found in the rubble after the flames were extinguished by firefighters. Mahol said the victims were probably construction workers. He said the cause of the fire had not been determined and the extent of damage was not immediately clear. Serum Institue of India's CEO, Adar Poonwala, said he was “deeply saddened” by the loss of life. He said there would be no reduction in vaccine manufacturing because the company has other available facilities. The company said the fire was restricted to a new facility it is constructing to increase the production of COVID-19 vaccines and ensure it is better prepared for future pandemics. It said the fire did not affect existing facilities making COVID-19 vaccines or a stockpile of around 50 million doses. Images showed huge plumes of smoke billowing from the building and dozens of company workers in lab suits leaving the compound as firefighters worked to extinguish the blaze. Serum Institute of India is the world’s largest maker of vaccines and has been contracted to manufacture a billion doses of the AstraZeneca/Oxford University vaccine. Poonawalla said in an interview with The Associated Press last month that it hopes to increase production capacity from 1.5 billion doses to 2.5 billion doses per year by the end of 2021. The new facility is part of the expansion. Of the more than 12 billion coronavirus vaccine doses expected to be produced this year, rich countries have already bought about 9 billion, and many have options to buy even more. As a result, Serum Institute is likely to make most of the vaccines that will be used by developing nations. Rafiq Maqbool, The Associated Press
