Canada’s border service agency is working out the kinks in its investigative techniques while complaints against employees are left undetermined.
Out of 78 complaints about the Canada Border Services Agency made in the span of one month in 2014, 14 cases are classified as undetermined.
Undetermined complaints include accusations of an officer assaulting a person, allegedly leaving deep scratch marks on their arm.
“Endured hours of detainment, hand-cuffed, strip-searched, horrific harassment by CBSA armed and loaded officers,” reads another undetermined complaint.
A 2015 internal audit revealed the weaknesses in the agency’s investigative techniques.
Watch the video below to learn more about the flaws found in the border agency’s investigation practices
The Canadian Border Service Agency has received 13 complaints of sexual assaults since January 2003. Photo Credit: Darren Calabrese/Canadian Press
Canada’s border agency is fixing flaws in its investigative techniques while racking up sexual assault complaints.
According to data obtained through an access to information request, 13 complaints of sexual assault have been made against employees of the Canada Border Service agency since 2003.
Cases include accusations of border officers sexually assaulting travellers and detainees.
Three of the complaints state charges were laid against border employees.
Under reported crime
Sexual assault is an under reported crime with less than 10 per cent of cases being reported according to Maggie Forsythe, counselling program coordinator at the Fredericton Sexual Assault Centre.
Forsythe says she believes under reporting of sexual assaults can “be mapped to any situation” and she says it can be especially hard coming forward with accusations against a powerful figure.
Travellers can be put in a frightening position Forsythe says.
“That would be like being assaulted by a police officer. Someone who has what you would see is the outmost power over you” Forsythe says. “So who would you tell when those people are supposed to be the ones who are supposed to be protecting you?”
A number of reasons cause the under reporting issue Forsythe says, from the victim having difficulty identifying what’s happend to them to the amount of stigma attached to coming forward.
“There’s so many what we call rape myths that would hinder a person coming forward,” says Forsythe, adding these myths include blaming the victim for the attack.
“So if an employee is saying their colleague has been sexually assaulting them or sexually harassing them, people would often say, ‘Oh well you were flirting with them, you probably wanted them,’” says Forsythe
Four of the borders sexual assault complaints are between employees and recruits in the agency.
Sexual assault falls under employee misconduct. Misconduct cases are looked into by the agency.
But a recent internal audit revealed weaknesses in the border agency’s investigations.
Limited tools and formal training
The 2015 audit on professional standards found a number of problems with how the agency looks into employee misconduct cases.
According to the audit, limited tools and formal training were available for investigators and managers involved in misconduct investigations.
Misconduct allegations also went unreported to the proper authority.
The Security and Professional Standards Directorate wasn’t always informed about misconduct investigations despite the fact it had been a requirement since 2011.
Out of 78 complaints about border officers made in the span of one month in 2014, 14 cases are classified as undetermined.
Undetermined complaints include accusations of an officer assaulting a person, allegedly leaving deep scratch marks on their arm.
“Endured hours of detainment, hand-cuffed, strip-searched, horrific harassment by CBSA armed and loaded officers,” reads another undetermined complaint.
According to Senator Grant Mitchell, travellers with complaints may not see a resolution.
“There has been very very little recourse for people who feel they’ve been mistreated in someway, by the border service,” says Mitchell.
Mitchell served as deputy chair of the Standing Senate Committee on National Security and Defence. The committee looked into the need for oversight at Canadian borders.
Lack of Oversight
Senator Mitchell says border employees have zero oversight.
“When you can just take away somebody’s rights, incarcerate them, hold them, invade their privacy,” Mitchell says, “There is a potential for abuse.”
The committee recommended the government establish an oversight body and an independent, civilian review and complaints body for the border agency.
Mitchell says the oversight body would be proactive, ensuring appropriate compliance with legislation and policy and the review and complaints body would be there to support Canadians if an incident occurs at the border.
In June, the government introduced new legislation to create a joint oversight committee to monitor and oversee all government departments and agencies with national security responsibilities.
The Canadian Border Services Agency did not respond to interview requests
Watch the video below to learn more about the weaknesses in the border agency’s investigative techniques
Dr. Leo Wisniowski practices at the ScotiaMed Family Practice and Walk- in Clinic in Bedford after he lost his license for having sex with a patient
A small sign sits on the corner of the front desk at a Nova Scotia medical clinic.
The greeting card sized sign reads, “Dr. Leo Wisniowski does not provide counselling or psychotherapy “
But if patients ask why, they won’t hear about Dr. Wisniowski’s sexual relationship with a patient that resulted in him being banned from providing the services.
“It’s pretty self-explanatory, just the fact that he doesn’t offer to do it,” says Carla Livingston, officer manager at ScotiaMed Family Practice and Walk-in Clinic in Bedford.
Livingston says, if asked she would only tell patients that Dr. Wisniowski doesn’t provide those services but so far, no patients have inquired about the sign.
But patient advocate and owner of Patient Pathways, Connie Jorsvik, believes patients have a right to know the full story.
“If people don’t know then they go into a doctor’s office trusting that they’re going to get the best care possible and that a doctors not going to do something like that,” Jorsvik says.
Sign at the ScotiaMed Family Practice and Walk- in Clinic in Bedford
The Case
In 2005 The College of Physicians and Surgeons of Nova Scotia suspended Dr. Wisniowski’s medical license for a year, after a complaint from the female patient.
“They discussed her childhood, her relationship with her family and friends,” the doctor’s settlement agreement with the college reads. “During one session during which [she] began crying and feeling helpless Dr. Wisniowski offered her a hug.”
The hugs grew longer and eventually lead to the sexual relationship that Dr. Wisniowski says occurred during a stressful time in his life.
Benjamin Capps, a professor in the department of bioethics at Dr. Wisniowski’s alma mater, Dalhousie University, says the school covers the topic of appropriate boundaries and sexual relationships with patients in its professional competencies program.
Capps says having sex with a patient creates an inappropriate relationship.
“Ethically it raises issues about power and exploitation,” says Capps.
Dr. Carol Leet, the former president of the College of Physicians and Surgeons of Ontario discussed sexual relationships between doctors and patients in a recent article from the Canadian Medical Association Journal.
“There is no such thing as a consensual sexual relationship between a doctor and a patient,” says Dr. Leet states in the article. “There is a power imbalance that makes it impossible for a patient to actually be consenting to having that relationship.”
The family doctor now has restrictions on his license including being prohibited from engaging in marriage counseling and any form of psychological counselling and being restricted to treating patients only within his regular office hours, which must not be in the evening.
The doctor also had to undergo psychotherapy treatment.
Restriction’s on Dr. Wisniowski’s license
‘Every woman has the right to feel safe’
Jorsvik has dealt with several cases involving doctors and sexual misconduct and says she doesn’t think the cases are rare.
“I feel there are a lot of doctors who are sexually assaulting their patients and getting away with it,” Jorsvik says.
A study, published in the journal Open Medicine, found 606 Canadian doctors had been disciplined from 2000 to 2009.
Sexual misconduct was the most common violation, making up 20 per cent of the types of violations disciplined.
Jorsvik says her biggest concern is the safety of female patients.
“Every woman has the right to feel safe when they go into a doctor’s office,” says Jorsvik. “Women especially are very vulnerable to being complaint, so they get into situations with people in power, who they think know best.”
“Crowded housing is associated with a wider and faster spread of communicable diseases, such as lower respiratory tract infections and gastroenteritis. Children and youth living in crowded housing conditions were also found to experience more psychological distress and helplessness, and to not perform as well in school,” the study states.
The study also looked at the effect high housing costs have on homes.
“High housing cost is one of the most frequently cited causes of hunger. Unaffordable housing is linked to food insecurity and inadequate childhood nutrition,” according to the society’s study.
High housing costs are a problem for Nova Scotians, according to Jim Graham, program coordinator of the Affordable Housing Association of Nova Scotia.
‘Incomes just can’t keep pace’
Graham says people in the province are struggling to keep up with housing costs.
“The pressure created on your total income for housing is huge because of low wages, high taxes and high utilities,” Graham says.
According to the housing association, 40 000 households in Halifax spend more than 30 per cent of their income on housing costs.
Graham says landlords aren’t to blame for the high cost to keep a roof over Nova Scotians’ heads.
“There hasn’t been a government investment in new affordable housing stocks since 1991,” says Graham.
Graham says this has created a gap between housing costs and income.
“You’ve got 25 years of that gap growing and growing and growing,” Graham says. “Incomes just can’t keep pace.”
Graham says this is especially hard on those with the lowest incomes.
“They are at the point now where they can’t afford market rent,” Graham says. “It’s got nothing to do with whether market rent is reasonable or unreasonable. Its got to do with the fact their incomes are stagnate.”
Graham says senior citizens, whose government supplements are not keeping up with inflation, fall into the low income category.
“It’s not that landlords are charging too much,” Graham says. “It’s the fact that the bottom incomes just can’t keep pace.”
‘What’s been going on for the last 25 years is not working’
Graham says the country needs to make changes to help Canadians afford a place to live.
“Clearly what’s been going on for the last 25 years is not working,” Graham says.
Graham says the province would need to match new funding from the Liberal Government to see changes at home, but says Nova Scotia is in need of a long term plan.
“You’re not going to solve the problem of 40,000 households with one year’s program,” says Graham.
The government has increased funding for the affordable housing program in the new budget but the housing association believes a sustained effort is needed to fix the country’s housing problems.
“In the great scheme of life it’s not a lot. But it’s something,” Graham says. “There needs to be a national housing strategy which this government has promised to build. So there is hope.”
Christopher Taylor Garner, former Scotiabank employee. (Chronicle Herald staff photo)
It’s not so much the timelines behind you that matter as the timelines in front of you.
According to court documents, Christopher Garner says he heard this after being turned down for higher positions at the Bank of Nova Scotia because of his age.
Garner worked as a branch manager at the bank for 35 years before he took the company to court with allegations of age discrimination and constructive dismissal.
Garner claims in a 2010 meeting, Peter Bessey, a senior vice president with the bank told him the positions were meant for younger applicants.
After filing a lawsuit in 2011, Garner was let go from the bank.
The judge concluded Garner had not been discriminated against but was wrongfully dismissed.
But Garner feels differently.
“35 years, 5 months, and 23 days before I was FIRED for standing up to Scotiabank on an age discrimination issue,” Garner wrote on his Facebook timeline.
‘Ageism exists in too many places in the workplace’
Christopher’s feelings aren’t unique.
Six in ten Canadian seniors say they have been treated unfairly or differently because of their age and employers were listed as one of the top sources of age discrimination, according to The Revera Report on Ageism.
“We believe that ageism exists in too many places in the workplace,” says Ian MacDonald, chairperson of the Canadian Association of Retired Persons.
Although Canada’s mandatory age of retirement was abolished in 2012, Ian says seniors still face a myth they aren’t as capable as younger workers and can be seen as a cost drain
“They look at an older worker who is typically going to be earning more because of their seniority and may be costing more in terms of health benefits, they see that as a liability,” says Ian.
Ian says this may lead to a company ushering out older employees.
“They’ll restructure, change their [job] description in order to make it impossible or extremely difficult for the employee to meet the objectives,” Ian says.
Kevin MacDonald, a trial lawyer who handled Christopher’s case against the Bank of Nova Scotia, has worked a number of cases regarding dismissal based on age.
Kevin says older employees may be terminated because of their higher salaries but the blame is put on their abilities.
Kevin says employers often make a calculated decision when cutting seniors.
“They know it is very difficult to effectively challenge a decision to terminate someone because of the cost involved,” Kevin says.
Value of working seniors
Ian believes older workers are more reliable and don’t have issues such as child care to worry about.
With a few adjustments, Ian says seniors can remain in the workplace.
“If a person has to be on their feet all day then put some cushioned carpet or floor under them,” Ian says. “They can be very inexpensive things that will reengage an aging workforce and actually increase productivity.”
But there are times seniors might not be up for the job, says Erin Cain, a lawyer with the Merrick Jamieson Sterns Washington & Mahody firm in Halifax.
Cain says bona fide occupational qualifications are qualities or attributes employers are allowed to consider when making a decision to terminate an employee.
“Think about something like an airline pilot or a fire fighter,” Cain says. “There are areas of employment where they do take into consideration the physical aspects of the job.”’
But Ian says age shouldn’t be a factor at work.
“Age should never be the basis of whether someone should be let go from a job, the same way as race or gender shouldn’t be,” says Ian. “Everyone should be evaluated on what they do.”
Bugs may not be the only problem when your house needs to be fumigated.
Health Canada’s pest management agency found 90 violations when it inspected 67 pest control operations across the country. According to the most recent annual report from the Pest Management Regulatory Agency some operators had more than one violation.
Bugs may not be the only problem when your house needs to be fumigated.
Rule breaking pest killers racked up 90 violations when Health Canada’s pest management agency investigated 67 pest control operations across the country.
According to the most recent annual report from the Pest Management Regulatory Agency some operators had more than one violation.some operators had more than one violation, including having unregistered and expired products in storage.
The main violation the Pest Control Operations Inspection program found was the misuse of products.
Inspectors found more than 40 incidents in which pesticide applicators failed to follow the instructions outlined on the product.
‘You have to follow what it says on the label’
Exterminators work with a variety of pesticides depending on what the problem is.
Calvin MacDonald, owner of Protec Pest Control in Kingston, N.S., says pesticide products have labels outlining the safety guidelines.
“You have to follow what it says on the label,” MacDonald says. “It says how it can be applied, where it can be applied, at what rate, what safety equipment to wear.”
Not following product instructions can put people’s safety at risk, says MacDonald.
Pest killers need to suit up in proper personal safety gear including safety goggles, rubber gloves and respirators for indoor jobs says MacDonald.
MacDonald says failing to follow the rules won’t result in firing at Protec Pest Control but the employee would need training.
Response from Health Canada
After inspection, pest control operators caught breaking the rules were the ones being bugged.
Sixteen rule enforcement letters were sent out. Other responses included education letters as well receiving verbal education.
All inspected operators were provided with outreach materials.
“The objective is to conduct timely interventions when unacceptable risks of non-compliance are identified,” Health Canada’s report on the inspections states.
But the Pest Management Regulatory Agency does more than respond to violations, it also tries to prevent pesticide use mistakes from happening.
In the 2014-2015 fiscal year the agency organized 233 outreach activates including meetings and exhibit booths at trade shows and distributing materials on pesticide use.
Environmental analyst with Nova Scotia Environment, Solveig Madsen says all pesticide applicators need to pass an exam to receive qualification certification.
The required passing grade for the exam is 75 per cent overall and no less than 70 per cent on the label and calculation section of the test.
Test takers have two options Madsen says, they can study from provided materials or take a training course.
While Nova Scotia Environment says it strongly recommends taking the course, it is not mandatory.
The exam includes general questions regarding safety. But Madsen says it is a requirement that pesticide applicators follow the product’s instructions outlined on its label.
Madsen says Canada has national standards that set out the framework for pesticide education, training and certification.
Health Canada’s pest control operators inspection results
Reitmans? That’s where my mom buys her jeans. Or at least that’s what millennials think according to retail analyst Jean Rickli.
“It takes time to shake that image,” says Rickli, a senior advisor at J.C. Williams Group.
But this retail facelift may be underway as the company, that operates over 700 stores under six banner names including Reitmans and Addition Elle, reported a loss of nearly 25 million dollars in its latest report.
‘A more youthful look’
Rickli says he sees the company taking steps to rejuvenate its image.
“They brought in the Subban family, father and sons to give it more of a youthful look,” Rickli says.
The hockey family were brought in as brand ambassadors for the company’s youth-targeted RW&Co stores.
But the Subbans weren’t Reitmans only new faces.
The company also brought in headline grabbing models Tess Holliday and Ashley Graham as well as Suits actress Meghan Markle as design collaborators.
In a March 2016 letter to shareholders, the company’s chairman and CEO Jeremy Reitman said the 2016 fiscal year was challenging but that the company is repositioning itself.
“We plan to open 12 new stores, close 50 stores (including 23 Smart Set), remodel 64 stores and convert 6 remaining Smart Set stores at a capital cost of approximately $18 million,” the CEO’s letter reads.
The letter also states that the company will be redesigning its distribution centre due to the rise of online shopping.
It takes more than clothing to draw in millennials Rickli says.
In store events, online shopping and social media all play an important role in appealing to shoppers who Rickli says are flooded with buying options.
“An Instagram presence, images, Facebook, Twitter. All of these things have to be tackled at the same time and in a coherent effort,” Rickli says.
Coffee and clothing
An emerging retail trend Rickli sees is to create a sense of community within a store.
Montreal retailer Frank and Oaks caught on to this trend when they saw a majority of their business coming from Austin, Texas.
After doing a bit of digging, the company realized Austin is a university town and young buyers there were seeking a sense of community.
Trying to cater to what its clients craved, the store made room for more than clothing. Along with men’s fashions, its stores have a coffee and barbershop.
“It creates that community, where customers will gather and just meet friends that are searching the same values,” says Rickli.
Halifax shoppers share their thoughts on Reitmans
Older brands repositioning
Reitmans isn’t the only Canadian retailer trying to keep up.
“You can see that trend as to how these older brands are having to reposition themselves,” says Rickli.
Montreal based clothing chain Le Château has been slower to make changes but Rickli says the company is starting to catch on.
The company recently purchased a new distribution centre to help grow its online business. Rickli says he also sees store locations beginning redesign.
As more of Reitmans’ Smart Set shops close their doors next week, Rickli says he believes the retailer will endure.
“They’ve been around, they’ve had strong brands before,” says Rickli. He believes the company will bounce back. “But it takes time.”
Gay rights groups are calling out Canada’s criminal code for what they say is a discriminatory law.
The code sets the age of consent for anal intercourse at 18, two years higher than for vaginal sex. The law also states that only two people may be present during the act and classifies non consensual anal sex separately from sexual assault.
Egale, an organization that fights for equality for LGBTQ people, wants to see this section of the code repealed.
In June, Egale’s Just Society Committee and the We Demand an Apology network sent reports to parliament that addressed the law.
“There’s really no justification for treating anal intercourse differently than any other kind of sex. It’s just a sexual act like any other. It ought to be subject to the same rules,” says Douglas Elliot a constitutional lawyer who served as coordinator of the report from Egale.
Andrew Gowing, a media relations official for the Department of Justice, says a number of courts have found the law to be unconstitutional and changes to the law are being carefully considered.
Section 159 of the Criminal Code of Canada
Improved training
While the law has been deemed unconstitutional, people are still being charged Elliot says.
A survey of Canadian police, conducted by Egale, found that there is no training on how to deal with anal sex offences.
“They look it up, it’s still in the books and so they charge people,” Elliot says.
But it isn’t only police who remain unaware.
Recently, a Justice of the Peace told Elliot that no one told her the law was declared unconstitutional.
“If a police officer came to me and presented this charge I would accept the charge because it’s still on the books,” she told Elliot.
“That’s why it needs to go,” he says.
The most recent crime data from Statistics Canada shows 26 adults and 12 youths were charged with anal intercourse from 2010 to 2014.
“We need to improve training of police and prosecutors so people don’t get charged with these archaic offenses,” Elliot says.
Recorded incidents of anal intercourse from Statistics Canada’s most recent crime data
Location breakdown of recorded incidents of anal intercourse
Constructs homosexuality as a threat
Gary Kinsman from the We Demand an Apology network is also working in the fight against what he says is a homophobic law.
Kinsman says the law constructs homosexuality as a threat to young people and sends a negative message to young men coming out.
“The message it sends to young men who are starting to come out as gay or bisexual or whatever, is that the sexual activities that they might want to engage in carry with them the risk of criminalization.”
No official commitment
Egale’s report asked the Prime Minister to implement a three stage course of action by Pride Day on July third.
In an interview with Daily Xtra, Prime Minster Trudeau says the government will be moving forward with addressing the different age of consent for anal sex.
Elliot says this is a good first step but the report they’ve submitted urges for a more comprehensive approach to rid the criminal code of all its homophobic provisions, cancel the record of those convicted and do something to make good what has happened.
Prime Minster Trudeau issued a statement saying he is prepared to work with the groups to end discrimination.
Elliot believes the Prime Minster’s statement is sincere.
“I personally saw him at Toronto Pride in July. You could tell that he was enjoying himself,” Elliot says, “I don’t think there is a homophobic bone in his body.”
But Kinsman says so far there has been no official commitment from the government even to equalize the age of consent.
“I’m very impatient,” Kinsman says, “They should have made these changes a long time ago and I’m certainly hoping they happen as soon as possible”
