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Huawei CFO Meng Wanzhou to appear in Vancouver court for bail hearing



A top executive of China’s Huawei Technologies Co Ltd who is under arrest in Canada is set to appear in a Vancouver court on Friday for a bail hearing as she awaits possible extradition to the United States.

Huawei CFO Meng Wanzhou, 46, who is also the daughter of the company founder, was arrested on Dec. 1 at the request of the United States.

The arrest, revealed by Canadian authorities late on Wednesday, was part of a U.S. investigation into an alleged scheme to use the global banking system to evade U.S. sanctions against Iran, people familiar with the probe told Reuters.

Coverage of Huawei on

The news roiled global stock markets on fears the move could escalate a trade war between the United States and China after a truce was agreed on Saturday between President Donald Trump and Xi Jinping in Argentina.

Trump did not know about the arrest in advance, two U.S. officials said on Thursday, in an apparent attempt to stop the incident from impeding talks to resolve the trade dispute.

Details of the case against Meng, to be heard in the Supreme Court of British Columbia, remain sparse.

READ MORE: Trudeau says government had no involvement in arrest of top Huawei executive

Canada’s Justice Department has declined to provide details of the case and Meng has secured a publication ban, which curbs the media’s ability to report on the evidence or documents presented in court.

The bail hearing could be just a preliminary session to set out a schedule, lawyers said.

The Crown counsel is expected to argue that Meng poses a flight risk and should be kept in a detention facility, legal experts said. The onus will be on Meng’s lawyer to provide evidence that she will not flee, they added.

Huawei, which has confirmed Meng was arrested, said on Wednesday that “the company has been provided very little information regarding the charges and is not aware of any wrongdoing by Ms. Meng.”

A Huawei spokesman declined to comment on Thursday and said that Wednesday’s statement still stands.

Long fight

If granted bail, Meng will likely have to post bail with “a surety of several million dollars,” Vancouver lawyer Gary Botting, who has experience with extradition cases, said. She would also have to give up her passport, he said.

Meng could also be fitted with electronic monitoring equipment, and the court could go so far as to order security to monitor her while she awaits a decision on extradition, lawyers said.

If Meng fights extradition, her case could go on for years, lawyers said, pointing to examples like Lai Changxing, a Chinese businessman who fled to Canada after he was implicated in a bribery case and fought extradition to China for 12 years. If she chooses not to fight, she could be in the United States within weeks, experts said.

“You need massive material and evidence to support detention release,” said Richard Kurland, a Vancouver-based immigration lawyer.

He said Meng would likely be returned to detention if there was no decision on bail.

It is unclear where Meng is being held in Vancouver. Several lawyers have noted that detention facilities in the region are spartan and she would likely be sharing her quarters with other inmates.

Huawei, which employs about 1,000 people in Canada, faces intense scrutiny from many Western nations over its ties to the Chinese government, driven by concerns it could be used by Beijing for spying.

READ MORE: China calls on Canada, U.S. to release Huawei CFO after being arrested in Vancouver

The United States has also been looking since at least 2016 into whether Huawei violated U.S. sanctions against Iran, Reuters reported in April.

More recently, the probe has included the company’s use of HSBC Holdings Plc to make illegal transactions involving Iran, people familiar with the investigation said. HSBC is not under investigation, according to a person familiar with the matter.

Huawei has said it complies with all applicable export control and sanctions laws and other regulations.

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Nova Scotia rejects $900K request for cancer treatment covered by Ontario




After three lines of chemotherapy and a clinical trial failed to cure Stephen Saunders, his doctors offered him hope: to send the Nova Scotia man to Boston and modify his T-cells to attack the cancer that’s otherwise left him with just months to live.

But at roughly $900,000 for treatment and the associated hospital stay, hope doesn’t come cheap.

Last week, Nova Scotia’s Health Department denied a funding request for Saunders, whose case highlights the ethical and economic dilemma that all provinces could soon be facing — whether to pay for a treatment that costs about five times more than other life-saving procedures like heart, lung and liver transplants.

Neither the health minister nor the medical director of the Nova Scotia Cancer Care Program would talk about the specifics of Saunders’s case.

But the Onslow Mountain man spoke openly to CBC about a life interrupted at 55 by a pain in his knee that turned out to be Stage 4 non-Hodgkins lymphoma. About how he tries to get in his 10,000 steps on the good days. And about how much he wants to live. 

« There’s all kinds of reasons why I want to stay living, things I want to do, » he said. « Watching my kids grow up and being with my partner… bigger projects, travel maybe if I could. »

The cost of a life

Work is underway to potentially offer CAR-T therapy closer to home, but that doesn’t change the question of funding. 

Health Canada approved the treatment in September and clinical trials have begun. And in about 18 months, the pan-Canadian Oncology Drug Review is expected to make a recommendation about the treatment’s value, which the provinces use when deciding whether it should be publicly covered.  

In the case of this treatment, it could be a life-and-death decision: in adults, CAR-T therapy is meant for patients whose blood cancer hasn’t responded to two or more lines of chemotherapy. 

Dr. Drew Bethune says that new treatments offer great promise but their cost can be challenging, especially when there’s limited data about their long-term success. (Steve Lawrence/CBC)

​ »It’s a very difficult world we live in, with very difficult heart-wrenching decisions, » said Dr. Drew Bethune, medical director of the cancer care program. Bethune is among those who advise the Health Department on whether to fund an out-of-province cancer care request, but he wouldn’t speak directly to Saunders’s case.

But he said that if looking at a request for CAR-T therapy, Nova Scotia would need to weigh the extreme cost, with the evidence of its success and how other Canadian patients who have received it have responded.

« As much as we just like to say, ‘Yes, let’s do it,’ it’s our responsibility to see what impacts it has on the whole [cancer] program, the expense of it. »

Other provinces

Exactly how many Canadians have gotten public coverage for the cancer therapy in the U.S. is unclear, but Ontario alone has sent 26 adult patients in the last two years, according to figures from that province’s Ministry of Health. 

Children might be more likely to qualify for out-of-province funding for this therapy, Bethune suggested. A 2018 clinical trial showed the children and young adults treated with CAR-T therapy had an 80 per cent chance of complete remission, while a trial involving adults with the same type of cancer as Saunders showed a 40 per cent complete remission rate.

« I think the evidence is fairly clear that the pediatric age group has a greater success rate with the treatment than the adult age group — but even in the adult age group some of the results are really excellent, » Bethune said.

And he said Nova Scotia would be watching how patients elsewhere in Canada have responded to CAR-T therapy.

Hailey MacDonald says it’s unfair that Ontario is paying for CAR-T therapy for some of its residents, while Nova Scotia has not offered to pay for her father. (Save Stephen Saunders/Facebook)

Saunders’s daughter, Hailey MacDonald, said the decision not to fund her father’s treatment is proof of the inequity in Canada’s health-care system.

The family can’t afford the cost on its own, but she’s holding out hope Nova Scotia may change its mind; she said she got a call from the Health Department on Friday saying it « hadn’t yet made a decision. » 

Her father is flying to the Dana-Farber Cancer Institute in Boston this week for a consultation, regardless of the response. 

« We understand as a family that this may not happen in time for my dad, » MacDonald said.

« We hope that that’s not the case, but there will be somebody else’s family member that will need this in the very near future. And Dad’s kind of paving the way for other patients. »

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Ontario’s dental watchdog bares sharp teeth against critics




Describing a toxic work environment fuelled by bullying and favouritism, more than two dozen current and former staff and executives of the province’s dental regulator have been waging a quiet war against their leadership.

In response, lawyers for the Royal College of Dental Surgeons of Ontario and its top executive — registrar Irwin Fefergrad — have issued letters threatening legal action and promises of repercussions. In recent months, the college has also launched an internal investigation seeking to identify employees they suspect have leaked documents to the Toronto Star.

That investigation has targeted one former employee with threats of legal action should he not cooperate with college lawyers. The man, who left the college last year, was blindsided and says the ordeal is “affecting my work life, my personal life, my health.” The former college employee — who has not provided documents to the Star — has hired a lawyer.

Over the past year, the Star has obtained internal college documents and letters and interviewed current and former employees and board members of the college who allege secrecy surrounding the college’s finances, conflict of interest and abusive treatment of staff. A former senior executive at the college filed a $1-million wrongful dismissal lawsuit last year that also cited bullying behaviour.

Lawyers for the college — which is mandated by the government to regulate Ontario’s 10,000 dentists including investigating public complaints — have denied any wrongdoing by the college in a series of written statements since May and warned of legal action should the Star publish the allegations.

“The college takes seriously the spreading and publication of false and defamatory information,” reads a written statement to the Star Friday from college lawyer Linda Rothstein with the law firm Paliare Roland. “We reiterate our concerns about the veracity of the information you have received, the motivation of the individuals providing it to you, and the legal implications to you and the Toronto Star in publishing that information, or opinion based on that information.”

Fefergrad, a lawyer who was appointed college registrar 18 years ago, had a salary rate of $607,497 in 2017, according to documents obtained by the Star. He declined requests to be interviewed, referring all questions to the college’s lawyers.

Read more:

Ontario’s dentist watchdog plagued by ‘toxic culture,’ lawsuit alleges

The ‘radical paradigm shift’ that’s changing Ontario’s oversight system for health professionals

The college’s lawyers have issued warnings to critics, threatening defamation suits for public statements that question college leadership.

“In my opinion, Irwin Fefergrad goes to great pains and uses his extensive legal resources and connections to resist change and deflect reasonable, legitimate questions,” says Natalie Archer, a Toronto dentist and former college executive council member who has been publicly critical of the college. “In my opinion, the college has a history of threatening to sue dentists and anyone who questions them. This has been very effective.”

In 2013, Archer, former college president Dr. Tom McKean and dentist Dr. Dick Jones received libel notices from college lawyers after being quoted in the London Free Press criticizing the college’s controversial in-house insurance arm. They alleged the arrangement (which is unique among medical colleges) represents a conflict of interest because the college both disciplines and insures dentists.

Beginning in September of last year and continuing into this year, 20 current and former staff and former executive council members sent letters to the provincial health ministry and MPPs alleging a “culture of hostility” within the college that presents “serious repercussions for the (college’s) ability to protect the public,” including preventing staff “from responding to patient complaints in a timely manner.”

In February, NDP Leader Andrea Horwath wrote to then premier Kathleen Wynne and health minister Eric Hoskins urging them to take “immediate action to investigate these serious allegations.”

Horwath’s press secretary confirmed there was no response to the letter.

The college’s annual legal bills have risen from about $672,000 in 2012 to more than $1 million this year as of Sept. 30 — a rise that has exceeded projections the past two years, according to college records.

In Friday’s written response, the college said rising legal expenditures were related to an increase in college members, the complexity of issues coming before its committees and the costs of investigations and proceedings against dentists.

Legal costs have exceeded budget in the past two years, the response said, because of “unforseen civil litigation costs” including defending a “significant civil action” and investigating a “potential breach of confidentiality.”

In a letter sent Sept. 17 to the former employee at the centre of that investigation, college lawyers ask him to voluntarily meet with them or “we will ask a court for assistance if you are unwilling to co-operate.”

The man worked for the college for several years and left a little more than a year ago. “When I left the college, I thought I was leaving behind all of their antics, politics and what they do there.” He is speaking on condition of anonymity for fear of compromising his current job.

“I thought I was turning over a new page … More than a year later, they’re accusing me of these things. It was shock, disbelief.”

The letter reads:

“We have reason to believe that the breach occurred during the period of time that you were an employee of the college, and furthermore, that you are one of certain former college employees who might have information that could assist us in identifying the person or persons who are responsible for the breach.”

Attached to the letter is a draft notice of application that college lawyers said was ready for submission to court. It asks a judge to require the man to identify “every person to whom he provided the confidential documents” during his employment, along with the “particulars of the occasions on which he provided those documents and/or information, including the date and the method by which they were provided.”

Citing “circumstantial evidence,” the draft notice of application says the former employee “may be involved in, or have documents or information relating to, the theft of the Star documents from the college.”

It also asks for a court order permitting a forensic examination of his electronic devices — computers, mobile phones, tablets, hard drives and USB memory drives — on which “confidential documents are or were at one point stored.”

The application names the Toronto Star and two Star reporters, saying they provided the college with copies of documents — internal college emails, Fefergrad’s calendar entries, expense claims and regulatory records — upon which they based questions during reporting.

The reporters “refused to identify the source or sources,” the draft reads.

The man says he has repeatedly denied through his lawyer that he is the source of the leak.

“It’s had a profound effect on me that I didn’t know stress could have on the human body. It’s a devastating blow to basically have an employer make those types of allegations and come after you when there’s no tangible or real evidence. It’s based on hearsay. They’re turning lives upside down,” he said.

The “circumstantial evidence” includes allegations that the former employee was passed over for a promotion several months before he left the college and that he became “disgruntled.”

The man says he left the college because of a poisonous work environment where bullying is rewarded with promotions and those who speak out face reprisals.

“I spoke out against my own manager and I paid the price for it,” he says. “They’re spinning it back on me. We were all walking on eggshells, worried and stressed because that was the environment there … I just couldn’t take it anymore.”

In the Friday response to the Star, Rothstein said the college does not “target” individuals.

“The college investigates all allegations against it and its employees and council members seriously, regardless of the source … The college also takes carefully considered, appropriate and measured steps to mitigate the harm done by the spreading of false and defamatory information, particularly when that conduct appears to be ill-motivated. This may involve the delivery of a libel notice.”

The college sent three separate letters threatening libel suits to Archer, Jones and McKean in October 2013 in response to their comments in the London Free Press. The letters alleged published comments by the three dentists — two of them former executive council members were “false, misleading and patently defamatory” of Fefergrad and the college.

The college demanded written apologies and retractions of their statements “in a form satisfactory to us.”

Jones refused and, in a six-page response, dismissed the college’s claims as “frivolous, vexatious and without merit.”

In a recent interview, Jones, a Waterloo-area dentist, said he, Archer and McKean were “bullied for simply expressing our legitimate concerns” about Fefergrad’s leadership.

“It’s a toxic situation that’s gone on for far too long.”

The libel notices to Archer and McKean were the second each had received within two years after they had made comments critical of the college.

“Dr. Archer regards your communication as a wholly unreasonable personal attack made in the face of legitimate and necessary criticism,” reads the response from her lawyer. “Moreover, threatening to take legal action on notice of one business day hardly seems like notice at all.”

The college never pursued legal action against any of the three.

In an interview, Archer said her attempts to raise concerns about Fefergrad’s management during her six years on the college council were met with “hostility, attacks and the most inhumane, unprofessional behaviour and tactics I have ever been exposed to.”

In October 2017, 16 current and former college staff anonymously wrote to Hoskins, then provincial health minister, asking for the ministry to appoint a supervisor to oversee the college because of “serious systemic problems,” including a “toxic culture” that included sexual harassment in the workplace, “abuse of power” and a “failure to protect the public.”

“We have reached the conclusion that the deficiencies in the (college) cannot be fixed under the present leadership or within the current system,” it reads.

In a response to questions from the Star in June, the college “cautions the Toronto Star about publishing any of the anonymous, speculative and factually untrue allegations contained in the anonymous letter.”

In December 2017, Archer also wrote Hoskins alleging “financial mismanagement,” conflict of interest in the college’s dual role as disciplinary body and malpractice insurance provider, and “interference in the regulatory processes” by Fefergrad who, she alleged, “inserted himself into (disciplinary) panel deliberations.”

Archer wrote that during her time on college council as vice-president and member of the finance committee, her requests for detailed information about major expenditures were routinely refused.

“I observed very significant legal expenses,” she wrote, including large budget items for which she sought greater detail. “The request was rebuffed … A forensic audit must be conducted to identify and remedy any fiscal oversight issues at the (college).”

A written statement from the college to the Star in July says Archer is “actuated by malice in the defamatory statements she makes about the college, its employees and its council members.”

The ministry never responded to the letters, the authors say.

Also last year, the former head of the college’s insurance arm, Rene Brewer, filed a $1-million wrongful dismissal suit against Fefergrad and the college alleging a “systemic culture of harassment and workplace bullying,” conflict of interest and sexual harassment toward staff.

In a statement of defence, the college and Fefergrad cited Brewer’s “abusive management style” as cause for her firing and said her “false and reckless” allegations have “maliciously and vindictively” impugned their integrity.

The dispute remains before the courts and none of the allegations have been proven.

The Star investigation has found other examples of swift college response to public criticism.

Marco Caminiti, a prominent Toronto oral surgeon, strongly criticized the college’s online self-assessment tests in a June 2016 opinion piece published in a dentistry magazine.

“Even our great regulators, the Colleges, fall short in assessing our competencies. The farcical attempts to ensure practitioners are up to date and ‘educated’ using online competency exams … highlights our ignorance even more,” Caminiti, who was then president of the Ontario Society of Oral and Maxillofacial Surgeons, wrote. “Unbeknownst to them, they are, to a certain extent, allowing and enabling the incompetency of some of our colleagues to grow and fester, creating a dark stain on this great profession.”

The tests are composed of about 200 multiple choice and case study questions. Virtually every dentist who takes the assessment is successful on their first attempt.

In an email exchange with Fefergrad, obtained by the Star, the college’s then quality assurance manager Michael Gardner writes: “Did you see Marco Caminiti’s editorial in the most recent issue of Oral Health? He called the College’s assessment farcical.”

Fefergrad says he had not read it. He then writes 11 minutes later: “Pisses me off to no end.”

In a June 2018 written statement to the Star, college lawyers said Fefergrad “endeavours to maintain open and courteous dialogue with (dental) associations and their leadership. (His) response to the criticism in respect of the Oral Health article was made in that spirit and was resolved amicably.”

In an interview, Caminiti said he received a call from Fefergrad about the opinion piece.

“Irwin was very succinct in his discussion with me about the article that I wrote, he was not pleased with the comments,” Caminiti said, adding that he stands by what he said in the opinion piece.

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Canada’s new impaired driving laws are now in effect — here’s what to know – National




Canada’s new impaired driving laws kick in Tuesday, giving law enforcement new powers when it comes to interacting with drivers.

READ MORE: How many drinks is too many under new impaired driving rules?

Alcohol-related impaired driving laws will be updated in the Criminal Code of Canada as of Dec. 18, in order to become in line with drug-impaired driving laws that were recently reformed earlier this year.

Changes to both drug and alcohol impaired driving come as part of the former Bill C-46, which aims to make Canada’s laws “amongst the strongest in the world.”

WATCH: Mandatory impaired driving laws to hit the roads before the holidays

Here are some key changes:

Mandatory alcohol screening

The new laws will give police officers the authority to demand breathalyzer tests from any driver they pull over. Previously, officers could only test drivers if they had a reasonable suspicion the person was impaired. Any driver who refuses to take the test can be charged.

These stronger laws are similar to ones in several other countries around the world, such as Australia, Denmark, France and Germany. In Ireland, mandatory screening reduced the number of road deaths by about 40 per cent in the first four years it was enforced.

No more ‘bolus drinking defence’

Before Dec. 18, drivers could use the “bolus drinking defence,” arguing that they consumed alcohol just before driving and it was not absorbed yet.

The new law eliminates this defence, by making it illegal to be at or over the alcohol limit within two hours of being behind the wheel.

READ MORE: Heavy share of Canadian pot users admits to driving within 2 hours of toking up, study says

Updated penalties 

The new law also bumps up the maximum penalties for many alcohol-impaired driving offences.

Formerly, the mandatory minimum fines were: $1,000 for first offence, 30 days imprisonment for second offence, and 120 days in jail for a third offence.

These are the penalties now:

  • First offence, with blood alcohol content of 80-119 mg: mandatory minimum $1,000 fine
  • First offence, with blood alcohol content of 120-159 mg: mandatory minimum $1,500 fine
  • First offence, with blood alcohol content of 160 mg or more: mandatory minimum $2,500 fine
  • First offence, but refuse to be tested: mandatory minimum $2,000 fine
  • Second offence: mandatory minimum 30 days imprisonment
  • Third or more offence: mandatory minimum 120 days imprisonment
  • Maximum penalties for impaired driving causing no bodily harm or death: summary conviction carries two years less a day imprisonment, indictment carries 10 years imprisonment
  • Maximum penalties for impaired driving causing bodily harm: Summary conviction for less severe injuries carries two years less a day imprisonment, indictment carries 14 years imprisonment
  • Maximum penalty impaired driving causing death: life imprisonment

WATCH: York Regional Police begins naming drivers charged with impaired driving

Criticism of new laws

While the new laws have been welcomed by Mothers Against Drunk Driving Canada, several groups have raised concerns.

Toronto-based lawyer Michael Engel, who often defends those charged with impaired driving, said the new rules are a big change that raise concerns about baseless searches.

“This is a radical departure from previous law, which insulated people against warrantless searches without probable cause,” he said.

Civil rights organizations have also sounded alarms about the new rules, with the Canadian Civil Liberties Association expressing concern that mandatory alcohol screening will unfairly affect racial minorities who are disproportionately singled out by cops for traffic stops.

WATCH: Drunk driver uses tragedy to save lives

Impaired driving, by the numbers

Last year, there were more than 69,000 police-reported impaired-driving incidents — about 3,500 were related to drugs.

In 2016, there were more than 70,00 such incidents, and 3,000 were drug-related.

According to federal statistics, an average of almost four people die in Canada daily due to impaired driving.

— With files from The Canadian Press

© 2018 Global News, a division of Corus Entertainment Inc.

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