Friday, August 22, 2014

The Federal Court is giving refugees a broader basis for appeals, telling Canada's Refugee Appeal Division that it can overturn a decision based on the merits of the case, rather than only if there was a mistake in the legal process.



The Federal Court is giving refugees a broader basis for appeals, telling Canada's Refugee Appeal Division that it can overturn a decision based on the merits of the case, rather than only if there was a mistake in the legal process.

Until now, the Refugee Appeal Division of Canada's Immigration and Refugee Board would only look at the process used to decide whether someone was a refugee. The RAD, as it's known, wouldn't reassess the facts of the case before coming to its decision.

Federal Court Judge Michael Phelan, in a decision released Friday, said the RAD has the power to consider whether a decision by the Refugee Protection Division (RPD) is wrong rather than look at whether it was a reasonable decision to make.

"It really is exciting that this is what this decision had concluded," said Cheryl Robinson, who represented the three applicants, who came from Kosovo.

"Justice Phelan gave very clear direction to the RAD as to how they should be deciding... [it's a] very strong, well-reasoned decision."

Phelan wrote that "the RAD performs an appellate function, not a judicial review function" and that its purpose was to perform a fact-based review.

The RAD, Phelan wrote, "must review all aspects of the RPD’s decision and come to an independent assessment ... Where its assessment departs from that of the RPD, the RAD must substitute its own decision."

The government can decide to appeal the decision to the Federal Court of Appeal.
Under threat in Kosovo

Bujar Huruglica, Sadije Ramadani and Hanife Huruglica went to the Federal Court to appeal a decision by the RAD that upheld a previous decision that they were not refugees as defined by the United Nations, nor persons in need of protection.

Bujar and Hanife are spouses, and Ramadani is Hanife's mother. All three are Muslims from Kosovo. Bujar Huruglica and Ramadani worked for the U.S. government in Iraq, Afghanistan and Kosovo, which they said drew death threats from the Wahhabi, Islamic extremists. Kosovo police, they say, did nothing to respond to their complaints.

Ramadani left Kosovo in October, 2012, and travelled to the U.S.

In January, 2013, the Huruglicas joined her, and they entered Canada together.

Their refugee claims were dismissed, Phelan wrote, on June 19, 2013, because "they had spent time in the U.S. on visitors’ visas and did not seek asylum in the U.S., which impacted the credibility of this claim. Moreover, the documentary evidence did not support the power and presence of Islamic extremists in Kosovo.​"

The Huruglicas and Ramadani also failed to rebut the "presumption of state protection," that is the idea that the police in Kosovo could protect them and so they weren't refugees.
Kenney's statement in House cited in decision

The appeal was heard by a single member of the Refugee Appeal Division, who ruled on Sept. 5, 2013, the same day on which the appeal was heard. There was no oral evidence or additional evidence submitted — the adjudicator simply looked at the findings of the Refugee Protection Division and confirmed the findings.

But Phelan found that, since the Refugee Protection Division found the Huruglicas and Ramadani to be credible, their complaints that the police did nothing shouldn't be dismissed.

Phelan cited former immigration minister Jason Kenney in his decision, quoting Kenney from a debate in the House of Commons over the government's reforms to the refugee system.

"I reiterate that the bill would also create the new refugee appeal division. The vast majority of claimants who are coming from countries that do normally produce refugees would for the first time, if rejected at the refugee protection division, have access to a full fact-based appeal at the refugee appeal division of the IRB. This is the first government to have created a full fact-based appeal," Kenney told the House.

Thursday, August 21, 2014

TSB Annual Report: advancing transportation safety from coast to coast to coast 20 August 2014



TSB Annual Report: advancing transportation safety from coast to coast to coast


Gatineau, Quebec, 20 August 2014 - The Transportation Safety Board of Canada's (TSB) 2013-2014 Annual Report was tabled today in Parliament. It highlights the important work the TSB does to advance safety on our waterways, along our pipelines or railways, or in our skies from coast to coast to coast.


TSB investigators and staff have been busy responding to accidents wherever they may occur in Canada. In the past year, we started investigations into 49 accidents, including a fatal helicopter crash in the Arctic, the rail disaster in Lac-Mégantic, Quebec, and an accident involving a bulk carrier off the east coast. We completed investigations into 69 accidents, including the 2011 crash of a large passenger aircraft in Resolute Bay, Nunavut, the 2011 crash of a turboprop aircraft just outside Vancouver’s International Airport, and the fatal derailment of a VIA Rail Canada passenger train in Burlington, Ontario, in 2012. The Board also issued a total of 71 safety communications, including 10 recommendations.


The Annual Report identifies progress made in a number of areas. Last year, 7 Board recommendations received the highest rating of Fully Satisfactory. For example, flights into Canada’s smaller airports have been made safer, as have cargo vessel voyages in the Great Lakes. However, the slow pace of movement to address safety deficiencies in aviation compared to the other modes of transportation is troubling. The Board will continue to press hard for change.


To help us fulfill our mandate more effectively, the regulations governing the reporting and investigation of occurrences were modernized. They are now easier to understand and are better aligned with other Canadian regulations and international agreements. We have also worked to improve our databases to more effectively capture occurrence information.


The TSB's 2013-2014 Annual Report to Parliament is available in HTML and full-colour PDF formats.




The TSB is an independent agency that investigates marine, pipeline, railway and aviation transportation occurrences. Its sole aim is the advancement of transportation safety. It is not the function of the Board to assign fault or determine civil or criminal liability.

Tuesday, August 19, 2014

TSB identifies systemic problems leading to Lac-Mégantic train accident and calls for additional safety defences to improve rail safety (investigation report R13D0054),


TSB identifies systemic problems leading to Lac-Mégantic train accident and calls for additional safety defences to improve rail safety

Lac-Mégantic, Quebec, 19 August 2014 – The Transportation Safety Board of Canada (TSB) investigation into the Montreal, Maine & Atlantic Railway (MMA) train derailment in Lac-Mégantic, Quebec (investigation report R13D0054), concluded that a multitude of factors led to the accident which left 47 people dead. The TSB is now calling for additional physical defences to prevent runaway trains, and for more thorough audits of safety management systems‎ to ensure railways are effectively managing safety.

On the evening of 5 July 2013, an MMA train was parked on a descending grade on the main track in Nantes, Quebec. The engineer applied hand brakes on all five locomotives, plus two other cars, and shut down all but the lead locomotive. Railway rules require hand brakes alone to be capable of holding a train, and this must be verified by a test. That night, the locomotive air brakes were left on during the test, meaning the train was being held by a combination of hand brakes and air brakes, giving a false impression that the hand brakes alone would hold the train. When a fire began in the engine, emergency responders shut off the engine, causing the air holding the independent brakes to leak off, reducing their effectiveness. Without enough force from the hand brakes, the train began rolling downhill toward Lac-Mégantic, just over seven miles away. As it moved down the grade, the train picked up speed, reaching a top speed of 65 mph, and derailing near the centre of town. Almost every derailed car was breached, releasing almost six million litres of crude oil, which ignited into a large fire.

“Accidents never come down to a single individual, a single action or a single factor. You have to look at the whole context,” said Wendy Tadros, Chair of the TSB. “In our investigation, we found 18 factors played a role in this accident.

The TSB found MMA was a company with a weak safety culture that did not have a functioning safety management system to manage risks. The TSB also learned that Transport Canada did not audit MMA often and thoroughly enough to ensure it was effectively managing the risks in its operations. Furthermore, the Board found problems with training, employee monitoring, and maintenance practices at MMA; with industry rules for the securement of unattended trains; and with the tank cars used to carry volatile petroleum crude oil.

“This investigation and its findings are complex, but our goal is simple: we must improve rail safety in Canada,” added Tadros. “That’s why, in addition to our three previous recommendations, we are issuing two new recommendations to ensure unattended trains will always be secured, and Canada’s railways will have safety management systems that really work to manage safety.” She concluded, “This is about governments, railways and shippers doing everything in their power to ensure there is never another Lac-Mégantic.”

The TSB is an independent agency that investigates marine, pipeline, railway and aviation transportation occurrences. Its sole aim is the advancement of transportation safety. It is not the function of the Board to assign fault or determine civil or criminal liability.

Monday, August 18, 2014

Parkinson Society Canada’s National Research Program funds research into the cure, cause, improved treatment and/or understanding of Parkinson’s disease, related disorders including: Multiple System Atrophy (MSA), Progressive Supranuclear Palsy (PSP), other Parkinson’s conditions and the impact these diseases have on society.



Parkinson Society Canada’s National Research Program funds research into the cure, cause, improved treatment and/or understanding of Parkinson’s disease, related disorders including: Multiple System Atrophy (MSA), Progressive Supranuclear Palsy (PSP), other Parkinson’s conditions and the impact these diseases have on society.


2014-2016 Funding Opportunities


Autumn Cycle - Release date Monday, September 9, 2013
Clinical Research Fellowship, two year duration - $50,000 per annum
Clinical Movement Disorder Fellowship, one year duration - $50,000
Graduate Student Award, two year award - $15,000 per annum


Submission deadline for full application: November 11, 2013 (5pm EST)


Spring Cycle - Release date Monday, December 2, 2013
Pilot Project Grant, one year duration - $45,000
New Investigator Award, two year duration $45,000 per annum
Basic Research Fellowship, two year duration $40,000 - $50,000 per annum
Parkinson Society Canada (PSC) and Fonds de recherche du Québec - Santé (FRQS) Partnership Awards


Submission deadline for full application: Monday, February 3, 2014 (5pm EST)

Saturday, August 16, 2014

The news of Robin Williams’ death has hit many people hard. Let’s talk about suicide prevention by CAMH Canada



The news of Robin Williams’ death has hit many people hard.


In the aftermath of what the media are reporting as a probable suicide, people have many questions abouthow suicide can be prevented.
Where can you get help in a crisis?


If you need help:
Visit your local emergency department or call 911
Contact a nurse at Telehealth Ontario by dialing 1-866-797-0000
Call the Kids Help Phone at 1 800 668-6868
Call the Good2Talk support line at 1-866-925-5454 (for post-secondary students in Ontario aged 17-25)


>> See more emergency crisis and distress centres


If you’re in crisis, the CAMH Emergency Department is open 24/7.


Treatment and support are available.


>> Treatment from CAMH


>> Ontario Mental Health Helpline (open 24/7 for treatment anywhere in Ontario)​​


The myth that talking about suicide is dangerous—that raising the issue with a troubled person could give them the idea of suicide—persists. Let’s debunk it right now.


If you think someone you care about is thinking about suicide—ask them.
What are the warning signs?


People who are feeling suicidal may:
Show a sudden change in mood or behaviour
Show a sense of hopelessness and helplessness
Express the wish to die or end their life
Increase substance use
Withdraw from people and activities that they previously enjoyed
Experience changes in sleeping patterns
Have a decreased appetite
Give away prized possessions or make preparations for their death (for example, creating a will)
How to help


Here are some things that people can do if they are concerned that someone they care about may be contemplating suicide:
Listen to the person. Take them seriously. Don’t judge or minimize their feelings. Be positive and hopeful, and remember that suicide can be prevented.
Ask them if they are suicidal. Don’t be afraid that you will put the idea in their head. It may be a relief for them to talk about it.
Ask if they have a plan. Depending on their answer you may want to limit their access to lethal means, such as medication, knives or firearms.
Ask them to rate their suicidal feelings on a scale of 1 to 10. Then regularly ask them to tell you where they are on the scale, so you can assess if things are getting worse.
Let them know help is available and that the cause of their suicidal thoughts can be successfully treated.
Encourage them to talk about how they are feeling.
Encourage them to seek help immediately from a doctor or mental health provider, and offer to help with this if they would like.
Make a safety plan with them. Who will they call if their feelings get stronger? Who can stay with them to keep them safe? Make a list of phone numbers of people and services they can call if they feel unsafe. Avoid leaving the person alone if he or she is in crisis.
Seek support for yourself—it is important that you don’t carry this burden alone

Thursday, August 14, 2014

Robin Williams suffered early stages of Parkinson's disease, wife reveals - CNN.


Robin Williams suffered early stages of Parkinson's disease, wife reveals
By Alan Duke, CNN
August 14, 2014 -- Updated 1913 GMT (0313 HKT)
Source: CNN
STORY HIGHLIGHTS
NEW: Patients usually experience mild symptoms in early-stage Parkinson's, experts say
Williams' widow says she hopes "others will find the strength to seek the care and support"
Williams was found dead in his Northern California home Monday
Investigators suspect his death was a suicide by hanging


(CNN) -- Robin Williams was sober, but was struggling with depression, anxiety and the early stages of Parkinson's disease when he died, his widow said Thursday.

Williams was found dead in his Northern California home Mondayfrom what investigators suspect was a suicide by hanging.

While fans and friends have looked for answers to why the 63-year-old comedy icon would take his own life, his wife, Susan Schneider, issued a written statement that could shed some light.

"Since his passing, all of us who loved Robin have found some solace in the tremendous outpouring of affection and admiration for him from the millions of people whose lives he touched," Schneider said. "His greatest legacy, besides his three children, is the joy and happiness he offered to others, particularly to those fighting personal battles."


"Robin's sobriety was intact and he was brave as he struggled with his own battles of depression, anxiety as well as early stages of Parkinson's disease, which he was not yet ready to share publicly."

"It is our hope in the wake of Robin's tragic passing, that others will find the strength to seek the care and support they need to treat whatever battles they are facing so they may feel less afraid."

Williams had been active as an actor in the last year of his life, performing in a CBS sitcom that was canceled earlier this year andacting in four films that have yet to hit theaters.

He spent time in a treatment facility in July, a time when his wife and representative have said he was battling depression.

Media reports at the time speculated that Williams had resumed drinking alcohol, but the statement from his wife appears to dispute those reports.

Williams entered rehab because of drug and alcohol addiction at least twice previously.

Parkinson's disease "causes certain brain cells to die," according to a description on the website of the National Institutes of Health. It is more likely to affect men than women and most often develops after age 50, the NIH said.

"During this initial phase of the disease, a patient usually experiences mild symptoms," according to the National Parkinson Foundation. "These symptoms may inconvenience the day-to-day tasks the patient would otherwise complete with ease. Typically these symptoms will include the presence of tremors or experiencing shaking in one of the limbs."

Investigators believe Williams used a belt to hang himself from a bedroom door sometime between late Sunday and when his personal assistant found him just before noon Monday, according to Marin County Assistant Deputy Chief Coroner Lt. Keith Boyd.

Boyd would not confirm or deny whether Williams left behind a letter, saying that investigators would discuss "the note or a note" later.

The coroner's investigation "revealed he had been seeking treatment for depression," Boyd told reporters.