Latest news with #CanadaEvidenceAct
Edmonton Journal
17 hours ago
- Health
- Edmonton Journal
Lawyer insists foreign adversary is behind Canadian diplomats' Havana Syndrome
Article content A lawyer for Canadian diplomats and their families says he believes the mysterious ailments they suffered in Cuba were caused by a foreign adversary, despite a federal government report that dismisses the theory. Article content Eight years after foreign service officials and their dependants began reporting such symptoms as headaches, memory loss, mood changes, vision problems, nausea and nosebleeds, a legal action against Ottawa over the health problems is still grinding along in Federal Court. Article content Article content Article content The 17 plaintiffs, who seek millions of dollars in damages, allege the Canadian government failed to protect them, hid crucial information and downplayed the seriousness of the risks. The government has denied negligence and wrongdoing. Article content Article content A Global Affairs Canada report completed in August 2024 says the department has concluded that the unexplained health incidents 'were not the result of a malicious act of a foreign actor.' Article content The report, drawing on the work of an interdepartmental task force and external experts, says pre-existing medical conditions, environmental factors and conventional illnesses 'were likely to have been important factors in many of the symptoms experienced.' Article content Article content The report adds that the findings 'do not cast doubt on the authenticity of the symptoms reported by staff members and their dependants.' Article content Article content Paul Miller, a lawyer for the plaintiffs, told The Canadian Press he is 'very confident' a foreign actor is to blame for the Canadians' health difficulties. Article content 'I really trust the people that I have spoken with and met with,' he said. Article content 'I have absolutely no faith in the (Global Affairs Canada) report because they are trying to put out the narrative that works for them.' Article content The plaintiffs' court action, filed in 2019, remains unresolved. Article content Three years ago, the parties agreed to the appointment of a former Supreme Court judge to mediate the claims of nine family members in the case. Article content Miller said the two days of talks in early 2023 'just went nowhere.' Article content He said he has made efforts to file new information in the case but the material is being treated as confidential pending the resolution of concerns about the disclosure of sensitive or potentially injurious information, as defined by the Canada Evidence Act.
Vancouver Sun
18 hours ago
- Health
- Vancouver Sun
Lawyer insists foreign adversary is behind Canadian diplomats' Havana Syndrome
A lawyer for Canadian diplomats and their families says he believes the mysterious ailments they suffered in Cuba were caused by a foreign adversary, despite a federal government report that dismisses the theory. Eight years after foreign service officials and their dependants began reporting such symptoms as headaches, memory loss, mood changes, vision problems, nausea and nosebleeds, a legal action against Ottawa over the health problems is still grinding along in Federal Court. The 17 plaintiffs, who seek millions of dollars in damages, allege the Canadian government failed to protect them, hid crucial information and downplayed the seriousness of the risks. The government has denied negligence and wrongdoing. Start your day with a roundup of B.C.-focused news and opinion. By signing up you consent to receive the above newsletter from Postmedia Network Inc. A welcome email is on its way. If you don't see it, please check your junk folder. The next issue of Sunrise will soon be in your inbox. Please try again Interested in more newsletters? Browse here. Several U.S. personnel who worked in Cuba have reported similar health issues, commonly known as Havana Syndrome. Theories about the cause have included pesticide spraying, the effect of chirping crickets, malfunctioning eavesdropping devices, and targeted energy or sonic attacks by an enemy state. The Canadian government says it has found no evidence of foul play by a foreign adversary. A Global Affairs Canada report completed in August 2024 says the department has concluded that the unexplained health incidents 'were not the result of a malicious act of a foreign actor.' The report, drawing on the work of an interdepartmental task force and external experts, says pre-existing medical conditions, environmental factors and conventional illnesses 'were likely to have been important factors in many of the symptoms experienced.' The report adds that the findings 'do not cast doubt on the authenticity of the symptoms reported by staff members and their dependants.' Paul Miller, a lawyer for the plaintiffs, told The Canadian Press he is 'very confident' a foreign actor is to blame for the Canadians' health difficulties. 'I really trust the people that I have spoken with and met with,' he said. 'I have absolutely no faith in the (Global Affairs Canada) report because they are trying to put out the narrative that works for them.' The plaintiffs' court action, filed in 2019, remains unresolved. Three years ago, the parties agreed to the appointment of a former Supreme Court judge to mediate the claims of nine family members in the case. Miller said the two days of talks in early 2023 'just went nowhere.' He said he has made efforts to file new information in the case but the material is being treated as confidential pending the resolution of concerns about the disclosure of sensitive or potentially injurious information, as defined by the Canada Evidence Act. The Global Affairs report traces the various steps federal agencies have taken over the years in response to the illness complaints, including security, medical and environmental assessments. A multi-agency Integrated National Security Enforcement Team, led by the RCMP, opened an investigation in June 2017. Global Affairs and RCMP officials began travelling regularly to Cuba as part of the investigation to look at the possibility of malicious attacks, the report says. Canadian officials also shared information with foreign partners, including the United States. In 2019, instruments designed to detect and capture evidence of acoustic and radiation surges, and to measure environmental effects — such as temperature, humidity, barometric pressure and ozone levels — were installed in the living quarters of Canadian staff in Havana. 'The data collected from the instruments did not provide relevant and probative information to identify a cause for the symptoms,' the Global Affairs report says. 'As such, in 2022, the instruments were removed.' The integrated national security team concluded 'there was no criminality and no evidence attributing these health symptoms to a foreign actor,' the report adds. 'In their conclusions, the RCMP and other domestic partner agencies assess that there is no known criminality, no known attribution for (unexplained health incidents) and no patterns related to symptoms, age, gender, location, or other variable.' The U.S. intelligence community looked at possible evidence of a foreign adversary's involvement, the feasibility of tools that could cause the reported symptoms and whether medical analysis could help find answers. A March 1, 2023, report from the U.S. National Intelligence Council said these lines of inquiry led most intelligence community agencies to conclude — with varying levels of confidence — that it was 'very unlikely' a foreign adversary was responsible for the health issues reported by American personnel. Global Affairs, the Canadian Security Intelligence Service and the RCMP subsequently met to discuss the U.S. council's findings. The RCMP indicated that 'since no criminality was uncovered, its criminal investigation would be concluded,' and CSIS advised it also would be wrapping up its investigations for similar reasons, the Global Affairs report says. Overall, the Canadian efforts 'have not uncovered a clear common cause of the symptoms experienced by government of Canada employees,' the report adds. 'Canada's findings are aligned with the conclusions of the United States on their various health studies and the security report published by the National Intelligence Council.' Miller points to other research and testimony that challenge those findings. Lawyer Mark Zaid, representing several U.S. personnel with symptoms, told a congressional hearing in May 2024 that there was intelligence, scientific and medical evidence substantiating the reports of anomalous health incidents, and that some were caused by a foreign adversary. Zaid, who had authorized access to secret details, said he was convinced that 'the evidence that exists in the classified arena directly contradicts the public conclusions' provided by U.S. federal agencies about the cause of the health symptoms. Global Affairs says it stands by the findings of its 2024 report. Department spokesperson John Babcock said the foreign ministry continues to support the Canadian diplomats and their dependents. 'For privacy and security reasons, Global Affairs Canada cannot comment on the specifics of the ongoing investigations, individual cases, nor on specific security measures,' he said in an emailed response to questions. 'We cannot provide further comment on this matter as it is before the courts.' Internal Global Affairs notes — prepared last year to help answer questions about the department's report — say the unexplained health incidents 'highlighted the challenges of providing responsive health care to diplomats and their families in the context of unforeseen crisis situations abroad.' The notes, obtained through the Access to Information Act, say the department had initiated a 'thorough review' of the department's overseas health program for employees and their dependents in missions around the world. Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark and sign up for our daily newsletter, Posted, here .
Global News
20 hours ago
- Health
- Global News
Lawyer ‘very confident' a foreign adversary attacked Canadian diplomats in Cuba
A lawyer for Canadian diplomats and their families says he believes the mysterious ailments they suffered in Cuba were caused by a foreign adversary, despite a federal government report that dismisses the theory. Eight years after foreign service officials and their dependants began reporting such symptoms as headaches, memory loss, mood changes, vision problems, nausea and nosebleeds, a legal action against Ottawa over the health problems is still grinding along in Federal Court. The 17 plaintiffs, who seek millions of dollars in damages, allege the Canadian government failed to protect them, hid crucial information and downplayed the seriousness of the risks. The government has denied negligence and wrongdoing. Several U.S. personnel who worked in Cuba have reported similar health issues, commonly known as Havana Syndrome. Theories about the cause have included pesticide spraying, the effect of chirping crickets, malfunctioning eavesdropping devices, and targeted energy or sonic attacks by an enemy state. Story continues below advertisement The Canadian government says it has found no evidence of foul play by a foreign adversary. A Global Affairs Canada report completed in August 2024 says the department has concluded that the unexplained health incidents 'were not the result of a malicious act of a foreign actor.' The report, drawing on the work of an interdepartmental task force and external experts, says pre-existing medical conditions, environmental factors and conventional illnesses 'were likely to have been important factors in many of the symptoms experienced.' The report adds that the findings 'do not cast doubt on the authenticity of the symptoms reported by staff members and their dependants.' Paul Miller, a lawyer for the plaintiffs, told The Canadian Press he is 'very confident' a foreign actor is to blame for the Canadians' health difficulties. 'I really trust the people that I have spoken with and met with,' he said. 'I have absolutely no faith in the (Global Affairs Canada) report because they are trying to put out the narrative that works for them.' Get breaking National news For news impacting Canada and around the world, sign up for breaking news alerts delivered directly to you when they happen. Sign up for breaking National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy The plaintiffs' court action, filed in 2019, remains unresolved. Three years ago, the parties agreed to the appointment of a former Supreme Court judge to mediate the claims of nine family members in the case. Story continues below advertisement Miller said the two days of talks in early 2023 'just went nowhere.' He said he has made efforts to file new information in the case but the material is being treated as confidential pending the resolution of concerns about the disclosure of sensitive or potentially injurious information, as defined by the Canada Evidence Act. The Global Affairs report traces the various steps federal agencies have taken over the years in response to the illness complaints, including security, medical and environmental assessments. A multi-agency Integrated National Security Enforcement Team, led by the RCMP, opened an investigation in June 2017. Global Affairs and RCMP officials began travelling regularly to Cuba as part of the investigation to look at the possibility of malicious attacks, the report says. Canadian officials also shared information with foreign partners, including the United States. In 2019, instruments designed to detect and capture evidence of acoustic and radiation surges, and to measure environmental effects — such as temperature, humidity, barometric pressure and ozone levels — were installed in the living quarters of Canadian staff in Havana. 'The data collected from the instruments did not provide relevant and probative information to identify a cause for the symptoms,' the Global Affairs report says. 'As such, in 2022, the instruments were removed.' Story continues below advertisement The integrated national security team concluded 'there was no criminality and no evidence attributing these health symptoms to a foreign actor,' the report adds. 'In their conclusions, the RCMP and other domestic partner agencies assess that there is no known criminality, no known attribution for (unexplained health incidents) and no patterns related to symptoms, age, gender, location, or other variable.' The U.S. intelligence community looked at possible evidence of a foreign adversary's involvement, the feasibility of tools that could cause the reported symptoms and whether medical analysis could help find answers. A March 1, 2023, report from the U.S. National Intelligence Council said these lines of inquiry led most intelligence community agencies to conclude — with varying levels of confidence — that it was 'very unlikely' a foreign adversary was responsible for the health issues reported by American personnel. Global Affairs, the Canadian Security Intelligence Service and the RCMP subsequently met to discuss the U.S. council's findings. The RCMP indicated that 'since no criminality was uncovered, its criminal investigation would be concluded,' and CSIS advised it also would be wrapping up its investigations for similar reasons, the Global Affairs report says. Overall, the Canadian efforts 'have not uncovered a clear common cause of the symptoms experienced by government of Canada employees,' the report adds. 'Canada's findings are aligned with the conclusions of the United States on their various health studies and the security report published by the National Intelligence Council.' Story continues below advertisement Miller points to other research and testimony that challenge those findings. Lawyer Mark Zaid, representing several U.S. personnel with symptoms, told a congressional hearing in May 2024 there was intelligence, scientific and medical evidence substantiating the reports of anomalous health incidents, and that some were caused by a foreign adversary. Zaid, who had authorized access to secret details, said he was convinced that 'the evidence that exists in the classified arena directly contradicts the public conclusions' provided by U.S. federal agencies about the cause of the health symptoms. Global Affairs says it stands by the findings of its 2024 report. Department spokesperson John Babcock said the foreign ministry continues to support the Canadian diplomats and their dependants. 'For privacy and security reasons, Global Affairs Canada cannot comment on the specifics of the ongoing investigations, individual cases, nor on specific security measures,' he said in an emailed response to questions. 'We cannot provide further comment on this matter as it is before the courts.' Internal Global Affairs notes — prepared last year to help answer questions about the department's report — say the unexplained health incidents 'highlighted the challenges of providing responsive health care to diplomats and their families in the context of unforeseen crisis situations abroad.' Story continues below advertisement The notes, obtained through the Access to Information Act, say the department had initiated a 'thorough review' of the department's overseas health program for employees and their dependants in missions around the world.
Winnipeg Free Press
a day ago
- Health
- Winnipeg Free Press
Lawyer ‘very confident' a foreign adversary attacked Canadian diplomats in Cuba
OTTAWA – A lawyer for Canadian diplomats and their families says he believes the mysterious ailments they suffered in Cuba were caused by a foreign adversary, despite a federal government report that dismisses the theory. Eight years after foreign service officials and their dependants began reporting such symptoms as headaches, memory loss, mood changes, vision problems, nausea and nosebleeds, a legal action against Ottawa over the health problems is still grinding along in Federal Court. The 17 plaintiffs, who seek millions of dollars in damages, allege the Canadian government failed to protect them, hid crucial information and downplayed the seriousness of the risks. The government has denied negligence and wrongdoing. Several U.S. personnel who worked in Cuba have reported similar health issues, commonly known as Havana Syndrome. Theories about the cause have included pesticide spraying, the effect of chirping crickets, malfunctioning eavesdropping devices, and targeted energy or sonic attacks by an enemy state. The Canadian government says it has found no evidence of foul play by a foreign adversary. A Global Affairs Canada report completed in August 2024 says the department has concluded that the unexplained health incidents 'were not the result of a malicious act of a foreign actor.' The report, drawing on the work of an interdepartmental task force and external experts, says pre-existing medical conditions, environmental factors and conventional illnesses 'were likely to have been important factors in many of the symptoms experienced.' The report adds that the findings 'do not cast doubt on the authenticity of the symptoms reported by staff members and their dependants.' Paul Miller, a lawyer for the plaintiffs, told The Canadian Press he is 'very confident' a foreign actor is to blame for the Canadians' health difficulties. 'I really trust the people that I have spoken with and met with,' he said. 'I have absolutely no faith in the (Global Affairs Canada) report because they are trying to put out the narrative that works for them.' The plaintiffs' court action, filed in 2019, remains unresolved. Three years ago, the parties agreed to the appointment of a former Supreme Court judge to mediate the claims of nine family members in the case. Miller said the two days of talks in early 2023 'just went nowhere.' He said he has made efforts to file new information in the case but the material is being treated as confidential pending the resolution of concerns about the disclosure of sensitive or potentially injurious information, as defined by the Canada Evidence Act. The Global Affairs report traces the various steps federal agencies have taken over the years in response to the illness complaints, including security, medical and environmental assessments. A multi-agency Integrated National Security Enforcement Team, led by the RCMP, opened an investigation in June 2017. Global Affairs and RCMP officials began travelling regularly to Cuba as part of the investigation to look at the possibility of malicious attacks, the report says. Canadian officials also shared information with foreign partners, including the United States. In 2019, instruments designed to detect and capture evidence of acoustic and radiation surges, and to measure environmental effects — such as temperature, humidity, barometric pressure and ozone levels — were installed in the living quarters of Canadian staff in Havana. 'The data collected from the instruments did not provide relevant and probative information to identify a cause for the symptoms,' the Global Affairs report says. 'As such, in 2022, the instruments were removed.' The integrated national security team concluded 'there was no criminality and no evidence attributing these health symptoms to a foreign actor,' the report adds. 'In their conclusions, the RCMP and other domestic partner agencies assess that there is no known criminality, no known attribution for (unexplained health incidents) and no patterns related to symptoms, age, gender, location, or other variable.' The U.S. intelligence community looked at possible evidence of a foreign adversary's involvement, the feasibility of tools that could cause the reported symptoms and whether medical analysis could help find answers. A March 1, 2023, report from the U.S. National Intelligence Council said these lines of inquiry led most intelligence community agencies to conclude — with varying levels of confidence — that it was 'very unlikely' a foreign adversary was responsible for the health issues reported by American personnel. Global Affairs, the Canadian Security Intelligence Service and the RCMP subsequently met to discuss the U.S. council's findings. The RCMP indicated that 'since no criminality was uncovered, its criminal investigation would be concluded,' and CSIS advised it also would be wrapping up its investigations for similar reasons, the Global Affairs report says. Overall, the Canadian efforts 'have not uncovered a clear common cause of the symptoms experienced by government of Canada employees,' the report adds. 'Canada's findings are aligned with the conclusions of the United States on their various health studies and the security report published by the National Intelligence Council.' Miller points to other research and testimony that challenge those findings. Lawyer Mark Zaid, representing several U.S. personnel with symptoms, told a congressional hearing in May 2024 there was intelligence, scientific and medical evidence substantiating the reports of anomalous health incidents, and that some were caused by a foreign adversary. Zaid, who had authorized access to secret details, said he was convinced that 'the evidence that exists in the classified arena directly contradicts the public conclusions' provided by U.S. federal agencies about the cause of the health symptoms. Global Affairs says it stands by the findings of its 2024 report. Department spokesperson John Babcock said the foreign ministry continues to support the Canadian diplomats and their dependants. Wednesdays What's next in arts, life and pop culture. 'For privacy and security reasons, Global Affairs Canada cannot comment on the specifics of the ongoing investigations, individual cases, nor on specific security measures,' he said in an emailed response to questions. 'We cannot provide further comment on this matter as it is before the courts.' Internal Global Affairs notes — prepared last year to help answer questions about the department's report — say the unexplained health incidents 'highlighted the challenges of providing responsive health care to diplomats and their families in the context of unforeseen crisis situations abroad.' The notes, obtained through the Access to Information Act, say the department had initiated a 'thorough review' of the department's overseas health program for employees and their dependants in missions around the world. This report by The Canadian Press was first published Aug. 17, 2025.
National Observer
06-08-2025
- Politics
- National Observer
Supreme Court of Canada considers appeal application from Via Rail terror case
The Supreme Court of Canada is set to decide Thursday whether to hear the appeal of Raed Jaser, who was convicted of planning to commit murder for the benefit of a terrorist group. It's the latest chapter in a long-running legal saga that began 12 years ago with charges against Jaser and Chiheb Esseghaier for plotting attacks, including the planned sabotage of a Via Rail passenger train. The Crown alleged that Jaser and Esseghaier had agreed to kill Canadian citizens to force Canada to remove its military troops from Afghanistan. The Crown's evidence consisted mainly of intercepted communications and the testimony of an undercover US Federal Bureau of Investigation agent assigned to befriend Esseghaier. A jury could not reach a verdict for Jaser on the rail plot charge but found him guilty of three other terrorism-related offences: one count of conspiring to commit murder for the benefit of a terrorist group and two counts of participating in the activities of a terrorist group. Esseghaier was found guilty on all counts. The two men appealed their convictions. Counsel for Jaser and a court-appointed lawyer for Esseghaier argued the jury at the trial was improperly constituted. In August 2019, the Ontario Court of Appeal ordered a fresh trial for the men on the grounds that the jury was chosen incorrectly. The Crown successfully argued in a subsequent Supreme Court hearing that the convictions should not be overturned on the basis of an error in the jury-selection process that did not deny the men fair trial rights. With the jury issue settled, the top court remitted the case to the Ontario Court of Appeal to deal with the men's outstanding challenges of their convictions. While Esseghaier abandoned his appeal, Jaser persisted. Last year, the Court of Appeal dismissed Jaser's challenge of his conviction and life sentence, prompting him to seek a fresh hearing at the Supreme Court. In a written submission to the top court to request a hearing, Jaser's lawyers say there is disagreement across Canada about how to instruct juries in conspiracy cases — a problem they say the court should address. "Jury instructions on the law of conspiracy are too complex," the brief says. "The facts of the proposed appeal present this Court with an ideal opportunity to guide trial judges on simplifying and distilling their instructions." Jaser's lawyers also raise questions about the application of the Canada Evidence Act concerning sensitive information and whether "entrapment-like conduct" should be taken into account upon sentencing. In a response to the Supreme Court, the Crown says Jaser's application should be dismissed. "These issues are not novel and were properly rejected by the Court of Appeal," the Crown's submission says. "Although the facts giving rise to them are unique, they are specific to the circumstances of the applicant and do not raise any issue of public importance."
