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In case of drug-addicted nurse, arbitrator got it wrong

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Sometimes saner minds can right a wrong. But other times they can wrong a right too, incomprehensibly.

Whose rights?

Not the patients at a long-term care home in Kitchener, surely among the most fragile and needy of vulnerable people amongst us.

What are they and their families to make of an arbitrator’s recent ruling that a registered nurse, indeed a team leader, who stole opioids from locked medical cabinets, who was once found by a colleague in a staff washroom with an ampoule of Dilaudid (five times stronger than morphine) clenched between her teeth, who substituted water for unused injectable narcotics that were to be destroyed, who falsified patient records to cover her thieving, must be rehired and financially compensated for “injury to dignity, feelings and self-respect”?

It matters not that this individual — identified in documents only as D.S. — betrayed the trust of her employer and the patients under her care. It matters not that the employer insists it can’t meet the monitoring requirements specified for this particular individual by the College of Nurses of Ontario, arguing undue hardship to other staff. It matters not that she repeatedly failed to give residents the correct dosages of injections as documented. It matters not that she will be returned to the very environment that made it so easy to access the drugs she needed to satisfy her own addiction.

Nor does it matter that the now 50-year-old mother of three wasn’t fired because of that addiction, which she never revealed to her employer over the two years during which she clandestinely scooped drugs at every opportunity. D.S. was terminated, rather, for cause — theft of drugs and gross misconduct relating to protocols.

But no, that would make too much sense. The independent arbitrator ruled instead that the facility discriminated against the woman because her addiction caused her nefarious conduct. And addiction, classified as mental illness under the definition adopted by the Ontario Human Rights Code, is subject to statutory provisions: “Every person has a right to equal treatment with respect to employment without discrimination because of … disability.”

The employer had a duty of care to the disgraced drug-addled nurse, even though they were unaware of the addiction.

What of the duty of care to the patients, those in the 54 beds for which she was responsible?

It should be noted that the resident care manager testified she had “lost all trust” in the complainant and felt that she could not expose the residents to the “attendant risks” of D.S. being restored to her job, as did the woman’s supervisor.

It should further be noted that the facility never informed patients or their families that a nurse had been terminated for all the aforementioned reasons.

Yet now those affected individuals can’t do anything about D.S. — who has been under addiction treatment since 2016 — back on the ward, ministering to their loved ones.

The nurses’ union, the human rights advocates and the arbitrator are all in accord: D.S. was unfairly treated and must be accommodated.

We’ve seen where flagrant abuse of patients by a drug-addicted nurse has led before — Elizabeth Wettlaufer, who pleaded guilty to eight counts of murder, four counts of attempted murder and two counts of aggravated assault against patients at long-term care homes and private residences in Ontario. Wettlaufer had a long record of shabby work, was disciplined on multiple occasions and was once fired for stealing drugs from a hospital and ingesting them.

And you thought only doctors are treated like gods.

Don’t get old. Don’t get sick. Don’t assume the professional rectitude of health-care practitioners. And definitely don’t put your faith in the rational judgment of arbitrators.

At the opposite end of the sanity spectrum, a tip of the hat to ofttimes excoriated refugee officials.

I give you Arash Ghulam Abbas, son of an Afghan politician, who arrived in Canada, via Russia and the U.S., and made a refugee claim on May 18, 2016.

Before washing up on our shores, Abbas allegedly ran a prostitution ring south of the border. He was charged, in both Maryland and Virginia, with human trafficking and prostitution. Some of the females — this from media reports — were minors. Several claimed they’d answered an ad in Craigslist, were wooed into the business, in New York City, and their passports then withheld.

In a separate police investigation, it was alleged that Abbas was the big cheese in an organization that recruited adult women, booking them into high-end rooms with clients across the entire country.

“Abbas frequently recruited girls who had problems with immigration and other issues, including the hoarding of their passports,” a Maryland detective told reporters at the time of his 2009 arrest.

For reasons never publicly disclosed — although it was alleged political pressure had been brought to bear because of Abbas’ father’s status — the Virginia charges were dismissed a year later and the Maryland charges voluntarily withdrawn.

Up here, eight years later, the Ministry of Citizenship and Immigration apparently became aware of Abbas’ refugee claim, notifying the Refugee Protection Division (RPD) their lawyers intended to intervene in the refugee hearing. The ministry took the view that, under the United Nations Convention related to the Status of Refugees, Abbas should not be excluded from applying for refugee protection based on the charges that had disappeared in the U.S.

The RPD disagreed — bully for them — finding that Abbas’ “criminality (if committed) in the U.S. constitutes multiple serious non-political crimes.” Based on the hearing, they did not find Abbas “to be a credible or reliable witness.”

From their ruling: “Simply put, the Board finds there is enough credible and trustworthy evidence to demonstrate that there is serious reason for considering that the claimant committed the said crimes.”

The evidentiary standard for the Board is below that required in civil law (on the balance of probabilities) and in criminal law (beyond a reasonable doubt).

At his hearing, Abbas claimed that American investigators had coerced the alleged victims into victims into making statements against him as part of plea bargains and that one of the detectives had a personal axe to grind because he, Abbas, had been in a romantic relationship with his stepdaughter and she wanted to marry him.

If Abbas had been charged with the same human trafficking offences in Canada, and convicted, he could have faced up to 10 years in prison.

Yet the Immigration Ministry was agreeable to having him here, an alleged pimp, as if we didn’t have enough sleazebags of our own, under refugee protections. The RPD was not.

Their decision was brought to Federal Court for judicial review by Justice Henry Brown.

In his review of the material, Brown pointed out that Abbas’ own testimony corroborated many aspects of the U.S. police reports. “For example, the Applicant knew relevant women were prostitutes, he drove a prostitute around and waited outside places she went, he knew of the website used to link the prostitutes to customers, and he knew how the prostitution ring operated. He testified he was not the ringleader and instead pointed to one of the prostitutes he knew.”

Early this month, noting that the RPD is not bound to “accept the position of the Minister,” Brown upheld the RPD decision.

“It correctly and reasonably assesses the seriousness of the non-political crimes at issue. Standing back and assessing the RPD’s decision as a whole, it exhibits justification, transparency and intelligibility within its decision-making process.”

Hallelujah. Sanity prevails.

Rosie DiManno is a columnist based in Toronto covering sports and current affairs. Follow her on Twitter: @rdimanno

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Anglais

Nostalgia and much more with Starburst XXXtreme

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Get a taste of adventure with Starburst XXXtreme based on the legendary NetEnt Game. The nostalgic themes are sure to capture fans of the classic version as they get treated to higher intensity, better visuals, and features. The most significant element of the game is its volatility. Patience will not be an essential virtue considering the insane gameplay, and there is a lot of win potential involved. It retains the original makeup of the previous game while adding a healthy dose of adrenaline. 

Starburst Visuals and Symbols

The game is definitely more conspicuous than before. The setting happens over a 5-reel, 3-row game grid with nine fixed win lines, which function if a succession from the left to the right reel is present. Only those players that that attain the highest win per bet line are paid. From a visual standpoint, the Starburst XXXtreme slots illustrates lightning effects behind the reels, which is not surprising as it is inherited from the original version. Available themes include Classic, Jewels, and Space. The game is also available in both desktop and mobile versions, which is advantageous for players considering the global pandemic. According to Techguide, American gamers are increasingly having more engaging gaming experiences to socialize to fill the gap of in-person interaction. Starburst XXXtreme allows them to fill the social void at a time when there is so much time to be had indoors. 

Starburst XXXTreme Features

Players get to alternate on three features which are Starburst Wilds, XXXtreme Spins, and Random Wilds. The first appears on reels 2,3, or 4. When these land, they expand to cover all positions while also calculating the wins. They are also locked for a respin. If a new one hits, it also becomes locked while awarding another respin. Starburst XXXtreme offers a choice between two scenarios for a higher stake. In one scenario with a ten times stake, the Starburst Wild is set on random on reels 2,3, or 4, and a multiplier starts the respin. The second scenario, which has a 95 times stake, starts with two guaranteed starburst wilds on reels 2,3, or 4. it also plays out using respin game sequence and features. The game also increases the potential with the Random Wilds feature to add Starburst Wilds to a vacant reel at the end of a spin. Every Starburst Wild gives a random multiplier with potential wins of x2, x3, x5, x10, x25, x50, x100, or even x150.

The new feature is sure to be a big hit with the gaming market as online gambling has shown significant growth during the lockdown. AdAge indicates the current casino customer base is an estimated one in five Americans, so Starburst XXXtreme’s additional features will achieve considerable popularity. 

What We Think About The Game

The gambling market has continued to diversify post-pandemic, so it is one of the most opportune times to release an online casino-based game. Thankfully Starburst XXXtreme features eye-catching visuals, including the jewels and space themes. These attract audience participation and make the gameplay inviting. The game also has a nostalgic edge. The previous NetEnt iteration featured similar visuals and gameplay, so the audience has some familiarity with it. The producers have revamped this version by tweaking the features to improve the volatility and engagement. 

That is characterized by the potential win cap of 200,000 times the bet. Starburst XXXtreme does not just give betting alternatives for players that want to go big. The increase of multipliers also provides a great experience. If the respins in the previous version were great, knowing that multipliers can go hundreds of times overtakes the game to a new level. 

Players should get excited about this offering. All of the features can be triggered within a single spin. Whether one plays the standard game or takes the XXXtreme spin route, it is possible to activate all of the features. Of course, the potential 200,000 times potential is a huge carrot. However, the bet size is probably going to be restricted and vary depending on the casino. It is also worth pointing out that a malfunction during the gameplay will void all of the payouts and progress. Overall, the game itself has been designed to provide a capped win of 200,000 times the original bet. 

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Anglais

‘We’re back’: Montreal festival promoters happy to return but looking to next year

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In downtown Montreal, it’s festival season.

In the city’s entertainment district, a musical act was conducting a sound check on stage Friday evening — the second day of the French-language version of the renowned Just For Laughs comedy festival. Tickets for many of the festival’s free outdoor shows — limited by COVID-19 regulations — were sold out.

Two blocks away, more than 100 people were watching an acoustic performance by the Isaac Neto Trio — part of the last weekend of the Festival International Nuits d’Afrique, a celebration of music from the African continent and the African diaspora.

With COVID-19 restrictions continuing to limit capacity, festival organizers say they’re glad to be back but looking forward to next year when they hope border restrictions and capacity limits won’t affect their plans.

Charles Décarie, Just For Laughs’ CEO and president, said this is a “transition year.”

“Even though we have major constraints from the public health group in Montreal, we’ve managed to design a festival that can navigate through those constraints,” Décarie said.

The French-language Juste pour rire festival began on July 15 and is followed by the English-language festival until July 31.

When planning began in February and March, Décarie said, organizers came up with a variety of scenarios for different crowd sizes, ranging from no spectators to 50 per cent of usual capacity.

“You’ve got to build scenarios,” he said. “You do have to plan a little bit more than usual because you have to have alternatives.”

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Anglais

MELS new major movie studio to be built in Montreal

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MONTREAL — MELS Studios will build a new film studio in Montreal, filling some of the gap in supply to meet the demand of Hollywood productions.

MELS president Martin Carrier said on Friday that MELS 4 studio construction will begin « as soon as possible », either in the fall or winter of next year. The studio could host productions as early as spring 2023.

The total investment for the project is $76 million, with the Quebec government contributing a $25 million loan. The project will create 110 jobs, according to the company.

The TVA Group subsidiary’s project will enable it to stand out « even more » internationally, according to Quebecor president and CEO Pierre Karl Péladeau. In the past, MELS Studios has hosted several major productions, including chapters of the X-Men franchise. The next Transformers movie is shooting this summer in Montreal.

Péladeau insisted that local cultural productions would also benefit from the new facility, adding that the studio ensures foreign revenues and to showcase talent and maintain an industry of Quebec producers.

STUDIO SHORTAGE

The film industry is cramped in Montreal.

According to a report published last May by the Bureau du cinéma et de la télévision du Québec (BCTQ), there is a shortage of nearly 400,000 square feet of studio space.

With the addition of MELS 4, which will be 160,000 square feet, the company is filling part of the gap.

Carrier admitted that he has had to turn down contracts because of the lack of space, representing missed opportunities of « tens of millions of dollars, not only for MELS, but also for the Quebec economy. »

« Montreal’s expertise is in high demand, » said Montreal Mayor Valérie Plante, who was present at the announcement.

She said she received great testimonials from « Netflix, Disney, HBO and company » during an economic mission to Los Angeles in 2019.

« What stands out is that they love Montreal because of its expertise, knowledge and beauty. We need more space, like MELS 4, » she said.

There is still not enough capacity in Quebec, acknowledged Minister of Finance, the Economy and Innovation Eric Girard.

« It is certain that the government is concerned about fairness and balance, so if other requests come in, we will study them with the same seriousness as we have studied this one, » he said.

Grandé Studios is the second-largest player in the industry. Last May, the company said it had expansion plans that should begin in 2022. Investissement Québec and Bell are minority shareholders in the company.

For its part, MELS will have 400,000 square feet of production space once MELS 4 is completed. The company employs 450 people in Quebec and offers a range of services including studio and equipment rentals, image and sound postproduction, visual effects and a virtual production platform.

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