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LILLEY: Here's the legal reason the Air Canada strike will only end at the table
LILLEY: Here's the legal reason the Air Canada strike will only end at the table

Yahoo

time2 days ago

  • Politics
  • Yahoo

LILLEY: Here's the legal reason the Air Canada strike will only end at the table

The Air Canada strike is only going to end one way: With a negotiated settlement. The union is defiant, Canadians love to hate Air Canada so much of the public will back the union, and Patty Hajdu's attempt to force the workers back on the job was an illegal and unconstitutional move. That's right, the government was going against the Charter of Rights and Freedoms, or at least how some liberal judges on the Supreme Court interpreted it back in 2015. Back-to-work legislation or using Section 107 of the Canadian Labour Code simply won't cut it anymore. 'The right to strike is not merely derivative of collective bargaining, it is an indispensable component of that right. It seems to me to be the time to give this conclusion constitutional benediction,' Justice Rosalie Abella wrote in a 2015 decision. And with those words, Abella upended decades of Canadian jurisprudence that had multiple times said that there was no Charter-protected right to strike. The case, called Saskatchewan Federation of Labour, challenged two provincial laws including one that declared some government workers to be engaged in essential services and not allowed to strike. In her long and rambling decision, Abella cited British labour practices from the 1700s, British and American labour law, German labour law, and even the European Social Charter to make her political rather than legal case. Even her phrase that 'It seems to me to be the time …' shows this was a personal and political decision rather than one based in Canadian law. In case after case, the Supreme Court had found there was no constitutional right to strike and cautioned against courts imposing strict and rigid laws on a delicate process. In a 2002 decision involving striking Pepsi workers, Chief Justice Beverley McLachlin wrote of the need for courts to be cautious. 'Judging the appropriate balance between employers and unions is a delicate and essentially political matter,' she wrote. 'This is the sort of question better dealt with by legislatures than courts. Labour relations is a complex and changing field, and courts should be reluctant to put forward simplistic dictums.' As recently as 2011, the Supreme Court had rejected that there was a Charter-protected constitutional right to strike. In 2015, led by Abella, the majority on the court, including McLachlin, found that the Charter's guarantee of the freedom of association in section 2(d) included the right to strike and threw away all precedents. 'The majority has so inflated the right to freedom of association that its scope is now wholly removed from the words of s. 2(d),' the dissenting justices wrote in response to Abella's decision. So, although many don't realize this, tools that governments once used, such as back-to-work legislation, to end disruptive strikes like Air Canada's current situation are now null and void. Their validity is being fought in the courts and will eventually come down on the side of the unions. It was for this reason that Ontario Premier Doug Ford used the notwithstanding clause when introducing back-to-work legislation for education workers in 2022. By recognizing the Charter right to strike, Abella took away those tools. We will likely soon find the minister of labour's ability to order people into arbitration and to 'maintain or secure industrial peace' won't be considered constitutional either. Which means that Air Canada and CUPE, representing the striking flight attendants, will continue to battle it out in the court of public opinion. Whichever one can gain the biggest PR win will win at the negotiating table. This is essentially a political and public relations war between a company and employees, which is why previous court judgments had recommended against the court getting involved in such disputes. If only the majority in 2015 had listened to their own precedent instead of Abella's flight of fancy.

Consult a doctor before taking doxycycline for leptospirosis —DOH
Consult a doctor before taking doxycycline for leptospirosis —DOH

GMA Network

time7 days ago

  • Health
  • GMA Network

Consult a doctor before taking doxycycline for leptospirosis —DOH

The Department of Health (DOH) reminded the public to consult a doctor first and secure prescription before taking doxycycline, an antibiotic used to treat leptospirosis. (File photo) An official from the Department of Health (DOH) on Wednesday reminded the public to consult a doctor first and secure a prescription before taking doxycycline, an antibiotic used to treat leptospirosis, if exposed to flood waters. 'But ang pinaka-important message po dito is, still, bago ka gumamit ng doxycycline, kailangan mo ng prescription. So kailangan pa rin po talaga kakonsulta sa doktor, no? Or mag-consult sa inyong nearest doctor sa inyong health center, no? Before kayo makakuha,' said Johanna Mallari-Abella of DOH-Pharmaceutical Division in a discussion with the private sector on antimicrobial resistance awareness. (The most important message here is that before you use doxycycline, you still need a prescription. So, you really need to consult with a doctor or visit your nearest health center doctor before you can obtain it.) Abella pointed out that prescription and intake of doxycycline also depend on one's exposure to the Leptospira bacteria, which are found in the urine of rats. She added that even without wounds, one is still at risk for leptospirosis. 'So, depending po siya sa risk, kung ilang beses kayo bumaha. Kung may risk talaga na, kasi kung nakatira po talaga kayo sa area na baha talaga doon and may risk na everyday kayong lumulusong, kahit wala kayong open wound, sometimes you still need to take to really prevent,' she said. (It depends on the risk—how often you've been in floodwaters. If you're really in an area that floods frequently and there's a risk you're wading through it daily, even without an open wound, sometimes you still need to take [doxycycline] to truly prevent [leptospirosis].) 'Kasi kapag nandiyan na siya, mabilis po yung progression ng disease. So, kailangan talaga na yung appropriate na prevention, depende sa exposure mo po sa baha that is contaminated with dumi ng iba't ibang animals po,' Abella added. (Once the disease is there, it progresses quickly. So, appropriate prevention is really necessary, depending on your exposure to floodwaters contaminated with the feces of various animals.) Based on DOH's guide, people at low risk of leptospirosis are advised to take two capsules of doxycycline within 24 to 72 hours after exposure to flood. Meanwhile, those considered at moderate risk or those who sometimes wade through flood waters must take two capsules of doxycycline every day for three to five days, and 24 to 72 hours after exposure. Further, individuals who are at high risk of getting leptospirosis, or those who often wade through flood waters, must take two capsules of doxycycline every week until one is not exposed to flood waters. DOH reminder vs leptospirosis There are 2,396 leptospirosis cases logged nationwide from June 8 to August 7, 2025, the DOH earlier said. Several hospitals in Metro Manila earlier reported an influx of leptospirosis cases following the floods brought by the Southwest Monsoon or Habagat and a series of tropical cyclones that hit the country. But infectious diseases expert Rontgene Solante said the recent rise in leptospirosis cases in the country is unlikely to trigger a health emergency Antimicrobial resistance Antimicrobial resistance (AMR) occurs when bacteria, viruses, fungi, and parasites evolve to such an extent that regular medicines can no longer treat them. Examples of antimicrobials include antibiotics, antivirals, antiparasitic agents, and antifungals. However, inappropriate and excessive use of them can make treatment ineffective in the future, the experts worry. Citing studies, Abella said that data showed that there were 15,700 deaths attributable to AMR and 56,700 deaths associated with AMR were logged in the Philippines in 2019. 'So, we understand that the overuse and misuse or yung overprescribing of antibiotics even when they are not needed is one of the causes of the problem,' said Abella. (We understand that the overuse, misuse, or over-prescribing of antibiotics—even when they're not needed—is one of the causes of the problem.) 'There are also issues on patient adherence or patient compliance and this is very common, especially in rural areas because there are socioeconomic issues as well and literacy issues, they are not aware na kapag hindi nila kinomplete yung treatment, it can lead to the development of AMR,' she added. (There are also issues with patient adherence or patient compliance. This is very common, especially in rural areas, because of socioeconomic and literacy issues. They're often not aware that failing to complete their treatment can lead to the development of AMR.) The World Health Organization recognizes AMR as one of the top global public health threats, with an estimated 1.27 million deaths worldwide logged in 2019. 'And if we do not do anything by 2050, it is estimated or projected that 10 million will die due to AMR. Aside from the impact on morbidity and mortality, it also has economic consequences because by 2050, AMR would decrease the gross domestic product by 2% to 3.5%' said Abella. (And if we do not do anything, by 2050, it is estimated or projected that 10 million will die due to AMR. Aside from the impact on morbidity and mortality, it also has economic consequences because by 2050, AMR would decrease the gross domestic product by 2% to 3.5%.) —LDF, GMA Integrated News

‘The Pitt' Captures the Real Overcrowding Crisis in E.R.'s
‘The Pitt' Captures the Real Overcrowding Crisis in E.R.'s

New York Times

time10-04-2025

  • Health
  • New York Times

‘The Pitt' Captures the Real Overcrowding Crisis in E.R.'s

The emergency department waiting room was jammed, as it always is, with patients sitting for hours, closely packed on hard metal chairs. Only those with conditions so dire they needed immediate care — like a heart attack — got seen immediately. One man had had enough. He pounded on the glass window in front of the receptionist before storming out. As he left, he assaulted a nurse taking a smoking break. 'Hard at work?' he called, as he strode off. No, the event was not real, but it was art resembling life on 'The Pitt,' the Max series that will stream its season finale on Thursday. The show takes place in a fictional Pittsburgh hospital's emergency room. But the underlying theme — appalling overcrowding — is universal in this country. And it is not easy to fix. 'EDs are gridlocked and overwhelmed,' the American College of Emergency Medicine reported in 2023, referring to emergency departments. 'The system is at the breaking point,' said Dr. Benjamin S. Abella, chair of the department of emergency medicine at Mount Sinai's Icahn School of Medicine in New York. 'The Pitt' follows emergency room doctors, nurses, medical students, janitors and staff hour by hour over a single day as they deal with all manner of medical issues, ranging from a child who drowned helping her little sister get out of a swimming pool to a patient with a spider in her ear. There were heart attacks and strokes, overdoses, a patient with severe burns, an influencer poisoned by heavy metals in a skin cream. Because this is television, many of the thorny problems get neatly resolved in the show's 15 episodes. A woman who seems to have abandoned her elderly mother returns, apologizing because she fell asleep. Parents whose son died from an accidental fentanyl overdose come around to donating his organs. A pregnant teenager and her mother, at odds over a medical abortion, come to a resolution following a wise doctor's counsel. But over and over again, the image is of a system working way beyond its capacity. There is the jammed waiting room and the 'boarders' — patients parked in emergency rooms or hallways for days or longer because there are no hospital beds. (The American College of Emergency Physicians calls boarding a 'national public health crisis.') There are the long waits for simple tests. There is the hallway medicine — patients who see a doctor in the hallway, not in a private area, because there is no place else to put them. And there is the violence, verbal and physical, from patients with mental problems and those, like the man who punched the nurse, who just get fed up. ''The Pitt' shows the duress the system is under,' Dr. Abella said. 'Across the country we see this day in and day out.' But why can't this problem be fixed? Because there's no simple solution, said Dr. Ezekiel J. Emanuel, co-director of the Health Transformation Institute at the University of Pennsylvania's Perelman School of Medicine. The problem, he said is 'multipronged and there is no magic wand.' Part of it is money. Having patients jammed up in emergency rooms guarantees that no bed will go unused, bolstering revenues for hospitals. Then there's the problem of discharging patients. Spaces are scarce in nursing homes and rehabilitation centers, so patients ready to leave the hospital often are stuck waiting for a space to open up elsewhere. Schedules are another difficulty, said Dr. Jeremy S. Faust, attending physician in the Brigham and Women's Hospital Department of Emergency Medicine. Many rehabilitation centers admit patients only during business hours, he said. If an E.R. patient is ready to be discharged to one during a weekend, that patient has to wait. In 'The Pitt,' as in real life, patients often show up in emergency rooms with problems — like a child with an earache — that a private doctor should be able to handle. Why don't they just go to their own doctor instead of waiting hours to be seen? One reason, Dr. Emanuel said, is that 'primary care is going to hell in a handbasket.' In many cities finding a primary care doctor is difficult. And even if you have one, getting an appointment can take days or weeks. Many do not want to wait. 'The modern mentality, for better or worse, is: If I can't get it now, I will look for other solutions,' Dr. Abella said. That often means the emergency room. Even building larger emergency rooms has not helped with the overcrowding. Dr. Faust said that his hospital opened a new emergency room a few years ago with a large increase in the number of beds. A colleague, giving him a tour, proudly told him there was now so much space there would probably be no more hallway patients. 'I looked at him and said, 'Bwhahahahaha,'' Dr. Faust said. 'If you build it, they will come.' He was right.

Waukegan High JROTC strives to make cadets better citizens; ‘There are so many opportunities'
Waukegan High JROTC strives to make cadets better citizens; ‘There are so many opportunities'

Chicago Tribune

time30-01-2025

  • General
  • Chicago Tribune

Waukegan High JROTC strives to make cadets better citizens; ‘There are so many opportunities'

Waukegan High School's Junior Reserve Officers' Training Corps (JROTC) was founded before American involvement in World War I more than a century ago, and now 18 cadets are involved in a competition where they are ensconced in the technology of 2025. Competing virtually against other JROTC programs across the state, Waukegan's CyberPatriots diagnose and fix cybersecurity problems with computer operating systems. The more secure the team makes the system, the higher its score. Cadet Jerome Abella, a Waukegan High senior, is a member of one of two teams. He said this year's competition, which ended on Jan. 24 for the two teams, was the best the local team has done. They are newer to the competition. 'This is a competition where we work with our teammates,' Abella said. 'We help each other to defend the company from cyberattacks. We make the system secure.' CyberPatriots is one of a number of opportunities Waukegan High JROTC cadets have to enable them to help the organization fulfill its mission of becoming better citizens by serving the school and the greater Waukegan community throughout the year. Maj. Ronald Painter, the school's senior army instructor and JROTC chair, said the organization's mission is inspiring young people to become better citizens. Some join out of an interest in the military, others for comradery, some to earn their required gym credit and more. Retiring from the U.S. Army Reserve in 2020 after 24 years of service, Painter said he and his family decided to settle in the Chicago area. He learned about the JROTC job in Waukegan and took the position leading a 108-year-old organization. The local JROTC started in 1916. 'We're one of the oldest in the country,' Painter said. 'I've had cadets whose mothers and fathers were in the JROTC. Some have grandfathers who joined. I haven't had any fourth-generation cadets yet.' A family affair for Abella, he said he joined as a freshman in part because his brother was a junior and already climbed the ranks of a cadet. He also thought it would be a good alternative to a regular gym class. 'I made commander my junior year,' he said. 'I played the role of teacher (for the CyberPatriots). I taught the new freshmen about computers. I taught them about problem-solving.' Chad Bourne, an Army instructor with the program and the CyberPatriots club sponsor, said the program is in its sixth year and reached the semifinals of its division for the first time competing against other teams virtually last week. They are awaiting their final results. 'Both teams did real well,' Bourne said. 'Everyone was working together. Some parts were hard, but they worked as a team to solve the problems. They really got immersed in it. They work hard and learn from each other.' When the competition started earlier in the year, Bourne said teams were divided into three classifications — platinum for the top 30%, gold for the middle 40% and silver for the final 30%. Waukegan was placed in the silver category. Reaching the semifinals is as far as gold and silver teams advance. Bourne said doing well in the platinum group can earn a trip to the national finals, which are conducted in a live setting rather than virtually. There were 3,400 groups competing nationwide including the two from Waukegan. With 340 students currently participating in the program, it is one of the largest activities at the school. From presenting the colors at sporting events to volunteering around the community, Painter said they inspire good citizenship in a variety of ways. Right now, the JROTC members are leading a Valentines for Veterans program to let people who served in the military know they are special. Abella said it is one of several community service programs they do. 'We become better citizens helping with community service projects,' he said. 'There's Valentines for Veterans, highway cleanup. There are so many opportunities.' Starting as freshmen, Painter said they learn how to be a cadet by properly wearing their uniform and contributing. As sophomores, they assume leadership roles working with groups of freshmen under their supervision. Leadership responsibilities expand as juniors and even more as seniors. 'They're running the program as seniors,' Painter said 'They are responsible for things like human resources, support, logistics and marketing.'

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