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Free expression trial of Amy Hamm nears its end

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News release from the Justice Centre for Constitutional Freedoms

The Justice Centre for Constitutional Freedoms is providing lawyers for British Columbia nurse Amy Hamm, whose disciplinary hearings will conclude on March 18-19, 2024. Oral arguments, beginning at 10:00 a.m. PT, will conclude the hearing before the three-person Disciplinary Committee of the British Columbia College of Nurses and Midwives in Vancouver. Lawyers will also answer any questions the panel may have following the submissions. The public is invited to view the proceedings online.

The prosecution of Amy Hamm over the off-duty expression of her opinions dates back to September 2020, when she co-sponsored a billboard featuring the words, “I ♥ JK Rowling” – a reference to the famous British author who, in 2019, came to the defense of a British woman whose employment contract was terminated after expressing “gender critical views.”

Two complaints by members of the public to the College about Ms. Hamm’s involvement with the billboard led to an investigation. That resulted in a 332-page report on Ms. Hamm’s activities, including a collection of her tweets, podcast transcripts and articles she had authored on the topic of gender identity and its conflict with women’s rights and the safeguarding of children.

The charge against Ms. Hamm reads, “Between approximately July 2018 and March 2021, you made discriminatory and derogatory statements regarding transgender people, while identifying yourself as a nurse or nurse educator. These statements were made across various online platforms, including but not limited to, podcasts, videos, published writings and social media.” The hearing began on September 21, 2022, and the panel heard 20 days of testimony, including approximately five days of challenges to the expert evidence provided by Ms. Hamm.

Much of the hearings to date has concentrated on the qualification, testimony and questioning of expert witnesses for both sides. The College presented as experts Dr. Elizabeth Saewyc and Dr. Greta Bauer, who argued that statements made by J. K. Rowling were “transphobic” and, by extension, so were Ms. Hamm’s. In Ms. Hamm’s defense, her legal team presented experts Dr. James Cantor, Dr. Kathleen Stock and Dr. Linda Blade.

As stated in their February 19, 2024, written submissions to the Committee, Ms. Hamm’s lawyers argue that:

  1. There is no evidence of breach of standards or bylaws, nor a case for a finding of unprofessional conduct;
  2. Her statements do not have a sufficient nexus to her status as a nurse to warrant regulatory interference;
  3. Her speech is reasonable and scientifically supportable;
  4. There is social value to her speech;
  5. Her advocacy is conducted in good faith, including to affect political change;
  6. She believes in the truth of her statements;
  7. There is no evidence of “discrimination” or “harm;”
  8. The infringement of her Charter right to freedom of expression, belief and opinion cannot be justified on a proportionate balancing against the objectives of the College.”

Lisa Bildy, lawyer for Amy Hamm, stated, “A key issue in this case is whether professionals can express criticism of gender identity ideology or other political issues in the public square without being subject to regulatory discipline. We argue that the College has allowed itself and its disciplinary process to become participants in a public and political controversy on which it should not be taking a side. The College should enforce high standards of performance for nurses and midwives when caring for their patients, and otherwise refrain from taking sides on political, cultural and moral issues that are debated in the public square. The College has lost its way.”

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illegal immigration

Northern border apprehensions highest in US history first 6 months of fiscal ’24

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From The Center Square

Swanton Sector agents apprehend in one week more than they did in fiscal 2021

Despite being stretched thin and understaffed, Border Patrol agents at the northern border continue to apprehend a record number of illegal border crossers.

In the busiest northern border sector of Swanton, Border Patrol agents made history by apprehending the greatest number of illegal border crossers in sector history of 1,109 in March, according to U.S. Customs and Border Protection data. While the numbers are significantly lower than those apprehended at the southwest border, they are out of the ordinary for the northern border and its busiest sector. By comparison, agents apprehended 37 illegal border crossers in March 2021.

Those they apprehended in March 2024 came from 40 countries. The top three nationalities of those apprehended were India (408), Bangladesh (323) and Mexico (170), Swanton Sector Chief Patrol Agent Robert Garcia said.

In one week, from April 28 to May 4, agents apprehended 492 illegal border crossers, more than the total apprehensions for all of fiscal 2021 of 365, Garcia said.

In the previous week, Champlain Border Patrol agents apprehended 220 illegal border crossers, “the highest number ever encountered in a single week in Swanton Sector history,” Garcia said.

Swanton Sector Border Patrol agents are breaking records every month, apprehending double or triple the number of people they apprehended in the same month in previous years. The CBP fiscal year runs Oct. 1 through Sept. 30.

In October 2023, Swanton Sector agents apprehended 1,075 illegal border crossers, up from 334 in October 2022, 43 in October 2021, and 25 in October 2020.

The Swanton Sector spans 295 miles of international boundary with the Canadian provinces of Quebec and Ontario, of which 203 miles is on land. The remaining 92 miles of border fall primarily along the St. Lawrence River. The sector is the first international land boundary east of the Great Lakes.

The sector includes all of Vermont, six upstate New York counties and three New Hampshire counties.

In fiscal 2023, Swanton Sector Border Patrol agents broke previous records by apprehending the greatest number of illegal border crossers in sector history of more than 6,700 foreign nationals from 76 countries, The Center Square exclusively reported. Those who evaded capture, known as gotaways, totaled at least 3,745, more than half of the apprehensions, according to data obtained by The Center Square.

Garcia has long praised the relationship Border Patrol agents have with local residents. He says residents have been instrumental in identifying suspicious activity that has led to apprehensions.

In the first six months of fiscal 2024, Border Patrol agents working in all sectors along the northern border apprehended 91,408 illegal border crossers – the greatest number in U.S. history for that time period, The Center Square first reported.

This is after in the first quarter of fiscal 2024, the greatest number of illegal border crossers were apprehended at the northern border, more than 60,600, the most ever for that time period in U.S. history, The Center Square first reported.

By comparison, in fiscal 2021, 27,180 illegal crossers were apprehended at the northern border. After Biden administration policies were implemented, that number increased dramatically to 109,535 in fiscal 2022, and to 189,402 in fiscal 2023. Fiscal 2024 numbers are on track to surpass those numbers.

The U.S.-Canada border is the longest international border in the world of 5,525 miles. Unlike the U.S.-Mexico border, there are no border walls or similar barriers separating the U.S. from Canada and most of the northern border is unmanned and unpatrolled.

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illegal immigration

Terrorist watch list apprehensions at northern border continue to break records

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In July, Border Patrol agents apprehended 871 people trying to enter the U.S. illegally in the Swanton Sector at the northern border with Canada.

From The Centre Square

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The number of known or suspected terrorists (KSTs) apprehended at the northern border in the first six months of fiscal 2024 continue to outpace those apprehended at the southwest border.

There have been 143 KSTs apprehended at the northern border through the first six months of this fiscal year compared to 92 at the southwest border, according to the most recent CBP data.

Those apprehended are known to law enforcement and in the national Terrorist Screening Dataset, a federal database that contains sensitive information on terrorist identities. It originated as a consolidated terrorist watchlist “to house information on known or suspected terrorists but evolved over the last decade to include additional individuals who represent a potential threat to the United States, including known affiliates of watchlisted individuals,” CBP explains.

This is after the greatest number of foreign nationals were apprehended illegally entering through the northern border than at any time in U.S. history during the same time period, The Center Square reported.

The greatest number of KSTs to ever be apprehended in U.S. history was at the northern border in fiscal 2023 of 484. The next greatest number to be apprehended in U.S. history was 313 at the northern border in fiscal 2022, according to CBP data.

Overall, the greatest combined number of KSTs apprehended at both the northern and southerns borders was in fiscal 2023 of 736, The Center Square reported. The greatest number of KSTs have historically been apprehended at the northern border, outpacing those apprehended at the southwest border for years, The Center Square first reported.

“The alarming conclusion from these numbers is every day we have individuals that are on the FBI terrorist watch list that could have an intention to harm our country and are entering every single day,” former Border Patrol Chief Mark Morgan told The Center Square. “It’s not if or when the threat tries to come to our country. We already know that’s happening already. The threat is already here,” he said, referring to the at least two million gotaways, those who illegally entered the country and evaded capture.

While total illegal entries at the northern border are “minuscule” compared to the southwest border, “the threat is not,” he said. “While there are shortages of resources across the board, the northern border doesn’t have the infrastructure, technology, personnel that the southwest border has. The northern border represents a threat.”

In his 30-plus-year law enforcement career, Morgan also served as acting director of U.S. Immigration and Customs Enforcement and acting commissioner of U.S. Customs and Border Protection. He also served for 20 years with the FBI in multiple capacities, targeting organized crime, gangs, and counterterrorism operations, among others.

Morgan was among a group of retired FBI counterintelligence officials to warn Congress in January that the presidents’ border policies had facilitated a “soft invasion” into the U.S. of military-age men coming from terror-linked regions, China and Russia.

“It would be difficult to overstate the danger represented by the presence inside our borders of what is comparatively a multi-division army of young single adult males from hostile nations and regions whose background, intent, or allegiance is completely unknown,” they warned. “They include individuals encountered by border officials and then possibly released into the country, along with the shockingly high estimate of ‘gotaways,’ meaning those who have entered and evaded apprehension.”

Of the more than 11 million foreign nationals who have illegally entered the U.S. since January 2021, the majority are single military age men, The Center Square has reported.

Every year the numbers break previous records; this fiscal year is no different. More than 1.7 million foreign nationals illegally entered the U.S. in the first six months of fiscal 2024, the greatest number for this time period in U.S. history, The Center Square reported.

Among them are individuals with ties to the terrorist group ISIS, FBI Director Christopher Wray warned earlier this year, after making repeated remarks about heightened terrorist threats since the Oct. 7 Hamas attack on Israel.

House Republicans have demanded answers from Department of Homeland Security Secretary Alejandro Mayorkas on how many KSTs have been released into the country.

U.S. Rep. Roger Williams, R-Texas, introduced a bill to require federal agents to screen everyone who enters the country illegally against the terrorist watch list.

Morgan praised the work of CBP and Border Patrol agents apprehending KSTs but also raised concerns about those who weren’t being caught due to the sheer volume coming in and the fact that agents have been pulled away from their national security mandate.

“Every single day we have individuals on FBI terrorist watch list who are trying to come into the country,” Morgan told The Center Square. “If you think we are catching everybody, you live in a dream world. If you think we are able to identify everyone on the watch list as well, that’s not happening either.

“How many on the watchlist that we’ve apprehended who illegally came into the U.S. were released? How many have claimed asylum and we’ve let them in?

“Countless national security threats have gotten by us, and they are in the United States. We know nothing about them, where they are at, or what they are planning to do.”

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