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Province’s push for private funding, additional stops puts Scarborough subway at risk of delays

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The Ontario government intends to rely on the private sector to help fill a more than $1-billion funding gap in its plan to build a three-stop Scarborough subway — a move that marks another twist for a controversial transit project and raises the possibility of construction delays that could leave Scarborough residents stuck taking the bus.

Transportation Minister Jeff Yurek revealed last week the province intends to enlist the private sector to help offset the cost of the more expensive three-stop plan, by striking deals that would offer developers public land or air rights above station sites in exchange for helping fund the transit infrastructure.

The TTC is trying to prolong the lifespan of the Scarborough RT, which was first build in 1985.
The TTC is trying to prolong the lifespan of the Scarborough RT, which was first build in 1985.  (Rene Johnston Toronto Star / Toronto Star)

The plan currently on the city’s books is to extend Line 2 (Bloor-Danforth) to the Scarborough City Centre, which would cost an estimated $3.35 billion. Pending final approval, it’s projected to start construction next year with a completion date of 2026.

Ontario’s Progressive Conservatives, who took power in June and have promised to table legislation to take ownership of the subway system from the city, wants to scrap the one-stop plan and build a three-stop version that would extend past the Scarborough Town Centre to Sheppard Ave. East, and have a stop at Lawrence Ave.

An earlier estimate for the city of a three-stop extension that was based on very little design work pegged the cost at $4.6 billion. That estimate was contingent on construction approval being given by council in 2016.

“The developer would pick up the cost of those stations … and it will not be a cost to the taxpayer,” Yurek told the Globe and Mail.

The market-driven approach to building Toronto transit projects has been floated before with little success. But in an email Monday, the minister’s spokesperson said under their government it will work.

“Unlike the last government … we have created an environment where private business can confidently invest in infrastructure projects,” said Mike Winterburn, Yurek’s director of communications.

As an example, he cited a potential agreement Metrolinx announced last fall that would see a developer partner with the transit agency to overhaul the Mimico GO Transit station.

“In future, more agreements will be reached to improve our transportation infrastructure while protecting taxpayers,” Winterburn said.

In November, Metrolinx, which is the most likely agency to take oversee the TTC subway if it’s uploaded to the province, announced it intends to use the market-driven strategy to fund future transit projects.

At the time it conceded that strategy would expose projects to risks associated with the fluctuating real estate market, which could delay transit construction. The agency said the approach could also speed up projects in some cases.

Any delay to opening the Scarborough subway extension could have major implications for transit riders who currently rely on the Scarborough RT, which was built in 1985 and is reaching the end of its service life.

The TTC is currently working to extend the life of critical components of the SRT train cars by at least another 10 years to keep the line running. Details of that plan remain secret despite formal requests from the Star. What information has been released suggest it’s possible to extend the operations of the SRT into 2026 — when the one-stop subway was earlier scheduled to be complete — but any safe operation beyond that date is in question.

If the SRT is shut down before a replacement is built, it could result in all commuters east of Victoria Park Ave. being stuck on the bus for an unknown period of time.

Councillor Josh Matlow, who has chiefly advocated for a network of LRTs in Scarborough, said pushing for a more-expensive subway will only cause more setbacks to delivering transit.

“(Premier) Doug Ford has always been more interested in merely promising subway stations than actually building rapid transit. The absurd suggestion that the private sector is going to cover a billion-dollar shortfall will only further delay delivering results,” Matlow said.

“We need to move forward now with an already approved and funded LRT network for Scarborough to ensure residents aren’t left on the bus.”

Ontario Transportation Minister Jeff Yurek signalled his Progressive Conservative government wants to enlist private funds to pay for a three-stop Scarborough subway extension.
Ontario Transportation Minister Jeff Yurek signalled his Progressive Conservative government wants to enlist private funds to pay for a three-stop Scarborough subway extension.  (Andrew Francis Wallace/Toronto Star File)

The proposed intervention from Yurek, who has cited council delays to transit projects as a main reason the province should take ownership of the subway system, comes as councillors were months away from a crucial vote on whether to proceed with the one-stop subway extension.

In April, the TTC plans to release a report, which had previously been expected this month, on the project reaching the 30 per cent design mark, including an updated cost estimate and construction schedule. Councillors would vote as early as April on whether to send the subway project to procurement.

By contrast, the three-stop plan the city had earlier considered was at less than 5 per cent design when it was abandoned in favour of the one-stop plan.

TTC spokesperson Stuart Green said he couldn’t speculate on how much of the design work the agency has done on the one-stop extension could be repurposed for a three-stop version.

Also, a 2016 business case prepared by city and TTC staff said stations on the three-stop version “were found to be much more complex” than “typical” stations. Due to difficult topography, the station at Lawrence East would have to be built at almost twice the depth as regular stations.

The stations would also require larger than normal bus terminals to accommodate the high number of Scarborough routes being diverted to feed the subway extension.

Winterburn said the government is “confident that private sector support will secure funding and help ensure that construction begins sooner.”

But he said in cases where partnering with private developers is “not applicable,” the province “can still explore traditional funding models for construction.”

Councillor Michael Thompson, whose Scarborough Centre ward would include part of the proposed subway extension, said he welcomed Yurek’s proposal to add stations by striking deals with developers. He said he has heard from residents in the run-up to October’s municipal election that they don’t want to stick with the one-stop plan.

“I would say a good 90 per cent of people I spoke to felt there was a need for additional stations to be included in the Bloor-Danforth expansion into Scarborough,” he said.

“Recognizing that the funding is always a challenge, if the province and the minister has additional ideas and so on, I think that’s something we should applaud.”

A spokesperson for Mayor John Tory — who has pushed a three-stop and then the one-stop subway plan — did not respond to specific questions from the Star about the province’s new plan.

“Mayor Tory is committed to building transit — that’s what he was elected and re-elected to do by Toronto voters,” a statement read.

This is not the first time the Fords have pitched to pay for a controversial, costly subway project by calling for private sector investment.

In 2012, city staff and an expert panel panned a plan by then mayor Rob Ford to have developers finance an extension of the Sheppard subway — a plan for which no private investors actually signed up.

Ben Spurr is a Toronto-based reporter covering transportation. Reach him by email at bspurr@thestar.ca or follow him on Twitter: @BenSpurr

Jennifer Pagliaro is a Toronto-based reporter covering city politics. Follow her on Twitter: @jpags



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Critics call for ‘robust’ oversight of CBSA following CBC reports on staff misconduct

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Advocacy groups are again calling for « robust, independent and external oversight » of the country’s border service following reporting by CBC News on misconduct at the Canada Border Services Agency.

CBC News recently reported that the agency investigated around 1,200 allegations of staff misconduct between January 2016 and the middle of 2018. Alleged offences recorded in the records released to CBC News include sexual assault, criminal association and harassment.

« We were not surprised, » said Josh Paterson, executive director of the British Columbia Civil Liberties Association. « My main reaction was, this just makes [it] even clearer why there needs to be independent oversight for this agency. »

The BCCLA is one of three groups behind a letter to Public Safety Minister Ralph Goodale asking when the government will introduce CBSA oversight legislation. The presidents of the Canadian Council for Refugees and the Canadian Association of Refugee Lawyers also signed the letter.

The CBSA’s sweeping powers include the right to search travellers, use firearms and conduct deportations. It’s the only major federal law enforcement agency without external oversight of employee conduct.

The groups’ letter also cited a recent CBC News report that said the agency had lost a USB key containing a refugee claimant’s personal information.

« We have had our own experiences of bringing very serious complaints to the CBSA, and they go nowhere, because there is no independent accountability measure, » said Janet Dench, executive director of the Canadian Council for Refugees.

The groups call in the letter for an oversight body that can « investigate complaints » and « conduct proactive assessments of CBSA policies and practices. »

Dench said the oversight agency also should be able to hear complaints from third parties, such as non-government organizations.

« Often, we are in a position to say, ‘Look, we’ve seen a pattern of disturbing behaviour, or we have heard from somebody who’s not in a position to complain themselves,' » she said.

Scott Bardsley, a spokesman for Goodale, sent CBC News a statement Thursday that was identical in some respects to a statement the department issued last month.

« CBSA officers processed 95 million travellers in 2017, and only a very small number of these interactions led to a formal complaint, » Bardsley said in an email.

Bardsley said in a statement last month that the government was « working on separate legislation to create an appropriate mechanism to review CBSA officer conduct and conditions, and handle specific complaints. »

But the government’s window to introduce legislation is closing, with a general election due this fall.

« The CBSA … does not have independent review of officer conduct, and that is a gap that definitely needs to be addressed, » Goodale told a Senate committee in 2016.

Following the recent CBC News story, Goodale said the government is preparing legislation that would create « another unit … that looks specifically at the issues of officer conduct or incident investigation.

« We continue to work at it as rapidly as we can. »



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Are shadowy agents targeting Canadians who criticize an Israeli spyware firm? – National

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John Scott-Railton rushed into the Peninsula Hotel on Fifth Avenue in New York City, behind schedule, half-soaked from a rainstorm and out of breath. He hurried through the lobby to the hotel’s five-star restaurant, the Clement, praying that the microphone hidden under his tie was still working, and that his lunch date hadn’t bailed.

He felt like a mess as he moved through the swanky hotel. He worried his whole plan was about to fall apart because of a bit of traffic on the way over.

Scott-Railton was set to meet with Michel Lambert, a wealthy entrepreneur who promised him a lucrative business opportunity — one that paid far better than his spyware-hunting job at Citizen Lab in Toronto.

But he says he knew the man he ultimately sat down with for dinner that afternoon was not a businessman named Michel Lambert. According to Scott-Railton, he was an ex-spy from Israel operating under a false name.

A man who identified himself as Michel Lambert reacts during an interview at a restaurant in New York on Thursday, Jan. 24, 2019.

AP Photo/Joseph Frederick

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Scott-Railton says he agreed to meet the man he says was a covert operative because he wanted to “turn the tables” on a shadowy operation that had targeted his Citizen Lab colleague, Bahar Abdul Razzak, a few months earlier. A supposed entrepreneur had lured Razzak to a meeting in Toronto, then grilled him about his research into NSO Group, an Israeli tech firm with software that can hack any smartphone via text message, according to Scott-Railton.


READ MORE:
Undercover spies caught fishing for anti-Israel remarks following Canadian sting

Citizen Lab has been tracking NSO Group’s phone-cracking software for years, and its research forms the basis of three major lawsuits. The plaintiffs allege that NSO’s software was used to hack their phones and spy on them because they were critical of governments in Mexico, Saudi Arabia and the United Arab Emirates.

“Lambert” asked Scott-Railton several questions about NSO over lunch. He also posed leading questions about potential anti-Israel bias or outside funding at Citizen Lab, an independent research facility at the University of Toronto’s Munk School of Global Affairs.

John Scott-Railton, a senior researcher at Citizen Lab, poses for a photo in New York City on Jan. 17, 2019.

AP Photo/Kathy Willens

However, the man had little to say once Scott-Railton invited a hidden Associated Press reporter over to the table.

“I don’t have to speak with you,” said the man, whom the New York Times and Israel’s Channel 12 later identified as former Israeli security official Aharon Almog-Assouline. Almog-Assouline stormed out of the restaurant and refused to answer questions from the AP reporter.

The sting has shed light on an alleged wider plot targeting at least six critics of NSO, an Israeli cybersecurity firm that helps law enforcement access suspects’ smartphones. Three lawsuits accuse NSO of selling its phone-cracking program, Pegasus, to governments that allegedly used it to monitor journalists and activists. The lawsuits call for NSO to stop selling Pegasus to some of its most lucrative government clients, many of whom pay tens of millions of dollars for its services.

Global News has reached out to NSO Group for comment on Citizen Lab’s reports, the lawsuits against it and the alleged attempts by anonymous individuals to contact people linked to those lawsuits. NSO has not responded. However, it has previously refuted the Citizen Lab reports, rejected the claims in the lawsuits and denied any connection to those asking about the lawsuits.

Citizen Lab

Citizen Lab, which operates out of the University of Toronto, does independent research into human rights abuses online, such as government surveillance and censorship.

“Our work exposing these abuses is clearly making some people uncomfortable, and we are being targeted with underhanded, unethical tactics,” Scott-Railton told Global News.

“To us, this is a signal that we are doing something right, and why academic work is so important.”

Scott-Railton and his colleagues at U of T’s Citizen Lab have been monitoring NSO since 2016.

Citizen Lab has published over a dozen reports documenting alleged abuse of NSO’s software, Pegasus, based on digital forensics. They say NSO has been reckless with its choice of clients, by selling to governments with a history of human rights abuses.


READ MORE:
Toronto-based Citizen Lab, which exposed Israeli spy software, targeted by undercover agents

Citizen Lab alleges that NSO’s Pegasus software has been used for political purposes in several countries, including Mexico, the United Arab Emirates and Saudi Arabia. Overall, Citizen Lab estimates that 36 operators have used Pegasus on targets in 45 different nations, including the United States and Canada. It says six operators were linked to countries with a “history of abusing spyware to target civil society.”

NSO Group has repeatedly denied all allegations stemming from Citizen Lab’s research, and insists that its technology is only used for law enforcement purposes. The company has disputed Citizen Lab’s list of countries where it operates, and claims that the product “will not operate outside of approved countries.”

Shady operators

A recent AP investigation found that at least six individuals linked to NSO lawsuits, including Citizen Lab’s Razzak and Scott-Railton, have been targeted by undercover operatives seeking information about the cases. These shady figures invited their targets to swanky dinners to discuss lucrative job offers, then questioned them about NSO, according to the AP.

Two people targeted by undercover operatives were secretly recorded and the footage later broadcast on Israeli television, the AP reports.

“There’s somebody who’s really interested in sabotaging the case,” Mazen Masri, who is one of the alleged targets, told the Associated Press. Masri teaches at City University in London, and is advising the plaintiff’s attorney in one of the NSO lawsuits. He suggested the man was “looking for dirt and relevant information about people involved.”

WATCH BELOW: Up to 500-million Marriott customers’ data accessed in cyberattack






Citizen Lab condemned the alleged operations against Razzak and Scott-Railton in a statement last month, after Scott-Railton met with the suspected spy.

“This failed operation against two Citizen Lab researchers is a new low,” Citizen Lab director Ron Deibert wrote on Jan. 25. “We have always welcomed debate and dialogue about our work, but we condemn these sinister, underhanded activities in the strongest possible terms.”

Deibert added that he has “no evidence” that NSO Group itself is responsible for the incidents.

How NSO’s phone-hacking Pegasus spyware works

Pegasus is an extremely powerful spyware program that installs itself on a phone after the target is tricked into clicking a text-message link. It’s designed to let police covertly examine everything on a target’s phone, according to an in-depth technical analysis of the program by Lookout, a California-based cybersecurity company. The analysis was conducted in partnership with Citizen Lab.

Pegasus effectively turns the target’s phone into an open book. The spyware operator can access anything connected to the phone, and can even switch on its microphones and cameras to turn it into a remote surveillance device. The only way to avoid infection is to avoid clicking on text-message links.

This diagram shows all the systems an operator can access by infecting someone’s phone with Pegasus spyware.

Citizen Lab

“The Pegasus software is highly configurable,” the Lookout report says. “Depending on the country of use and feature sets purchased by the user of the spyware, the surveillance capabilities include remotely accessing text messages, iMessages, calls, emails, logs, and more from apps including Gmail, Facebook, Skype, WhatsApp, Viber, Facetime, Calendar, Line, Mail.Ru, WeChat, Surespot, Tango, Telegram, and others.”

Citizen Lab and Lookout worked with Apple in 2016 to help it fix an iOS vulnerability that Pegasus appeared to exploit. Citizen Lab says it discovered Pegasus exploiting the vulnerability on a phone belonging to Ahmed Mansoor, a prominent human rights activist in the United Arab Emirates. NSO continued to sell the product to the UAE government long after Apple said it fixed the patch, the New York Times reports.


READ MORE:
iPhone security update prompted by spyware discovery

NSO Group says the tool has helped foil terror plots in Europe, allegedly contributed to the capture of Mexican drug lord Joaquin “El Chapo” Guzman and led to the arrest of many dangerous criminals and child sex traffickers.

NSO Group has not publicly revealed the names of its current clients. However, its software is not unique. Several companies, including Italy’s Hacking Team and Germany’s FinFisher, have developed technology to help law enforcement crack suspects’ phones.

Many countries, including Canada, have legal provisions that allow for “lawful interception” of certain communications in serious criminal cases. Canadian police need a warrant or a judge’s authorization to use such extreme measures, according to the Department of Justice.

WATCH BELOW: What to do if your email gets hacked






However, Citizen Lab says the Pegasus software has been deployed against unwarranted political targets, such as journalists and activists.

Amnesty International has also accused NSO Group of releasing its technology to an entity that targeted one of Amnesty’s staffers. The human rights group has called for Israel to revoke NSO Group’s export licence, which would effectively kill all of its contracts with foreign governments.

What is NSO Group?

NSO Group is an Israeli cybersecurity firm that specializes in hacking smartphones. Its headquarters are in Luxembourg and its offices are in Herzelia, near Tel Aviv in Israel. The company has between 500 and 1,000 employees, according to its LinkedIn page.

The group claims on its website that its technology is used “exclusively by government intelligence and law enforcement agencies to fight crime and terror.”

NSO Group’s co-founders, Shalev Hulio and Omri Lavie, re-acquired a majority ownership stake in the company on Thursday, in a deal that reportedly valued the company at US$1 billion. Francisco Partners, a U.S.-based private equity firm that previously owned 70 per cent of the company, announced the sale in a news release.

NSO Group sells licences to its software through an export licence approved by the Israeli government. It has dozens of licensed customers and earned $250 million in revenue last year, Francisco Partners said.

Hulio and Lavie founded NSO Group in 2010 and have been with the company ever since, serving as its CEO and director, respectively.

WATCH BELOW: Canadian cybersecurity officials outline plans to protect 2019 election






NSO Group has denied all allegations that suggest its software has been used improperly. It insists its product is meant to be used exclusively to prevent crime and terrorism.

“Any use of our technology that is counter to that purpose is a violation of our policies, legal contracts, and the values that we stand for as a company,” NSO Group said in a written statement to Amnesty International last August. The statement was issued after Amnesty claimed one of its members was spied on using NSO software.

NSO Group has signed several lucrative contracts with foreign governments, including multi-million-dollar deals with Saudi Arabia and the United Arab Emirates, according to reports in the New York Times and Haaretz, an Israeli daily newspaper.

Khashoggi friend allegedly hacked

One of the three lawsuits against NSO was filed in Israel on behalf of Saudi dissident Omar Abdulaziz, a permanent resident of Canada living near Montreal. Abdulaziz alleges that Pegasus software was used to monitor his conversations with Saudi journalist Jamal Khashoggi last year, shortly before Khashoggi was murdered in the Saudi embassy in Istanbul.

WATCH BELOW: Omar Abdulaziz says he was targeted by Saudi Arabia






Edward Snowden, the former NSA contractor-turned whistleblower, has also suggested that Abdulaziz’s hacked phone may have contributed to the death of Khashoggi, citing an analysis by Citizen Lab.

“The reality is that they bugged one of his few friends and contacts using software created by an Israeli company,” Snowden told an audience in Tel Aviv via video link last November.

Citizen Lab published a report about Abdulaziz’s hacked phone on Oct. 1, one day before Khashoggi was killed. The Citizen Lab researchers concluded with “high confidence” that the breach was caused by NSO’s Pegasus spyware.


READ MORE:
Saudi Arabia used controversial spyware to monitor Canada-based political refugee: report

NSO Group disputed some details in Abdulaziz’s lawsuit in a written statement to the Times of Israel in December. The company said the lawsuit “appears to be based on a collection of press clippings that have been generated for the sole purpose of creating news headlines and do not reflect the reality of NSO’s work.”

NSO Group CEO Shulev Hulio says the company looked into the allegations and concluded that its software was not involved in Khashoggi’s murder.


READ MORE:
Jamal Khashoggi’s friend sues Israeli surveillance company, saying it helped track journalist

“Khashoggi was not targeted by any NSO product or technology, including listening, monitoring, location tracking and intelligence collection,” he told Yedioth Ahronoth, a Hebrew-language daily, in an interview last month. The interview was translated by Yedioth Ahronoth’s English-language sister site, Ynetnews.

He added that the company immediately sanctions any customer that is found to be using its software for anything other than saving lives and thwarting crime or terrorism.

WATCH BELOW: What we know about Khashoggi’s murder






NSO has also denied any connection to the individuals who contacted Abdulaziz’s lawyers or Scott-Railton and Razzak at Citizen Lab.

Scott-Railton says the whole situation is shining some much-needed light on the highly secretive and extremely lucrative business of military-grade spyware.

“The problem is, this industry operates in the shadows, and not everything that happens there is just about catching bad guys,” he said.

“Sending private spies to go after academics is a tactic you might use if you have something to hide.”

With files from The Associated Press and Reuters

© 2019 Global News, a division of Corus Entertainment Inc.



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In-bounds avalanche buries 2 people at Castle Mountain Resort

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Two people were caught in an in-bounds avalanche at Castle Mountain Resort in southwestern Alberta on Friday.

It happened near the top station of the Tamarack (Red) chairlift.

Officials say one person was fully buried and another partially buried. Both were rescued by ski patrollers.

« EMS was activated as the situation unfolded and both patients were found to be uninjured after an initial assessment, » read a statement from Castle Mountain Resort. 

« This avalanche did not damage any Castle Mountain Resort infrastructure (including lifts). »

Castle Mountain Resort is about 250 kilometres southwest of Calgary, near Waterton Lakes National Park.

More snow means more risk

The avalanche danger rating for that area was « high » at the alpine and treeline levels and « considerable » below the treeline, where it is expected to remain throughout the Family Day long weekend.

Those heading into the backcountry to enjoy the Family Day long weekend need to check the avalanche conditions before venturing out, safety experts warn.

Up to 20 centimetres of snow is forecasted in some areas, and Avalanche Canada expects the danger level to rise in parts of B.C. and some southern sections of the Rockies.

Avalanche protection consultant Chris Stethem says people need to be aware of potential issues anywhere.

« If there’s a significant snowfall, there’ll be a rapid rise in the risk, » he said.

Parks Canada visitor safety specialist Stephen Holeczi says the Banff area may not receive the heaviest snowfall in the mountains this weekend, but he adds that visitors should still stay sharp in avalanche terrain.

« I think if I was personally going up in the backcountry, I’m thinking about, when I get up into those higher elevations, I’m going to be looking for those new wind slab formations, because I think that’s probably what’s changing with the new snow that we’re about to receive here, » he said.

Officials also advise people to avoid avalanche terrain, especially if they don’t have avalanche safety gear and training.



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