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As university campuses in both Canada and the United States are witness to ongoing student protests against the Israel-Hamas war amid campus challenges negotiating free expression and protection from harm, some academics are expressing concern about an Ontario government bill the government says aims to ensure safety and support for post-secondary students.

Bill 166, the Strengthening Accountability and Student Supports Act, was first tabled at the end of February. It introduces requirements surrounding mental health and anti-racism policies at colleges and universities — and would give the provincial government powers over these. It would also grant the minister authority to issue directives about costs of attending college and university.

The Council of Ontario Universities says the bill would undermine university autonomy without pledging funding for the areas in concern, while duplicating existing efforts.

Read more:
Low funding for universities puts students at risk for cycles of poverty, especially in the wake of COVID-19

As researchers concerned with equity in education, we believe this bill might increase censorship and academics’ ability to promote social justice and critical thinking on campus.

Students and other protesters are in a tent camp on the campus of Columbia University in New York on April 24, 2024.
(AP Photo/Ted Shaffrey)

Government interference concerns

Concerns about government interference within post-secondary institutions is not a new conversation. In 2018, Ontario’s Conservative government introduced a campus free speech policy.

Read more:
Campus tensions and the Mideast crisis: Will Ontario and Alberta’s ‘Chicago Principles’ on university free expression stand?

The Ontario Ministry of Colleges and Universities already holds significant power over the content of some post-secondary programs, for example, studies in early childhood education. Programs accredited by the Ministry of Training are provided with a program standard document and must adhere to this.

Jill Dunlop, Ontario Minister of Colleges and Universities, speaks during a press conference at Queen’s Park in Toronto, Feb. 26, 2024.
THE CANADIAN PRESS/Arlyn McAdorey

While the proposed bill points to the importance of resources and support for students to address mental health concerns and racism on campuses, the policy is underpinned by ideas of accountability. These ideas are used to warrant sweeping government oversight of institutional policies.

The bill should be understood in a context where governments are using assessment and accountability metrics to exert influence over academic institutions.

‘Job readiness’

While universities are thought to value critical inquiry and progressive values, higher education is increasingly subsumed by corporate values. As government funding in higher education has decreased, market values of productivity and profitability have increasingly shaped expectations for universities.

Related to this is an increased focus on how higher education institutions can prepare students for the “real world” and workplace skills. This is a move away from the initial intention of universities as a place of academic inquiry and intellectual development.

The preamble to Bill 166 says “the Government of Ontario is committed to supporting a post-secondary education system that is healthy and sustainable” so students are “ready for the jobs and careers of today and tomorrow.”

These ideas of job readiness shift the purpose of higher education towards technical and trade-oriented ideas of job performance. This can have ramifications for marginalized communities who engage with academic inquiry as a form of social and political activism.

A University of Southern California protester at the campus’ Alumni Park during a protest on April 24, 2024 in Los Angeles.
(AP Photo/Richard Vogel)

What is included in ‘mental health’?

While Bill 166 might present itself as protecting students’ mental health, it is important to note that mental health is a really broad construct. It can be used to protect the worldviews of privileged majorities and prevent critical or even potentially uncomfortable conversations from entering classrooms.

However, uncomfortable conversations and dialogue are an important part of growth, uncovering biases and learning about structures of oppression. Sometimes these conversations can require deep listening. This is an important component of maintaining universities’ autonomy as places of free speech and academic inquiry.

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When we discuss mental health, it is important to consider systems of oppression, housing and job security and think about the specific experiences of marginalized people on university campuses.

Faculty and instructors who teach social justice related content in their courses are far-too-often publicly critiqued and placed at risk for emotional or even physical harm due to how the content of their courses challenges many societal assumptions.

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Bill 166 says universities and colleges “shall have a student mental health policy that describes the programs, policies, services and supports available at the college or university in respect of student mental health” yet bypasses faculty and/or instructor mental health and well-being.

Universalized approaches can interfere

Bill 166 states that “every college and university is required to have policies and rules to address and combat racism and hate, including but not limited to anti-Indigenous racism, anti-Black racism, antisemitism and Islamophobia.”

Addressing racism and hate on campuses, including antisemitism and Islamophobia, is important.

However, universalized approaches could interfere with post-secondary institutions’ autonomy to address these issues in a fair and equitable manner. The Ontario Human Rights code already offers protection around race, ancestry, place of origin, colour, ethnic origin, citizenship and creed for staff, faculty and students on university campuses.

The Conservative Ontario government has defunded the Anti-Racism Directorate, scrapped curricular initiatives on Indigenous education, undermined the Ontario Human Rights Commission and claimed that school boards are indoctrinating children around gender identity and gender expression. The prospect of this government’s increased interference on campuses raises concern particularly for racialized and marginalized faculty, staff and students.

Effects on dissent?

Advocates like Hamilton Centre MPP Sarah Jama say government encroachment over anti-racism policies on campus would be detrimental to Black, Indigenous and other racialized students.

Such encroachment could potentially silence faculty and students who support Palestinian independence or who critique Israel’s military assault on Gaza which many experts have said is genocidal.

Democracy Now video: Jewish students suspended from Columbia University after participating in Palestinian solidarity protests participate in a ‘Seder in the Streets to Stop Arming Israel’ during the second night of Passover with journalist Naomi Klein in New York.

Increased government interference in the research and operations of publicly supported universities jeopardizes the missions of universities as places of academic freedom and inquiry. In particular, theories and knowledge from marginalized communities, such as critical race theory, are often deemed “ideological” and biased by Conservative critics.

Protestors calling for a ceasefire in Gaza demonstrate during a visit by Prime Minister Justin Trudeau to the University of Victoria, in Saanich, B.C., on April 19, 2024.
THE CANADIAN PRESS/Darryl Dyck

Pushback to Bill 166

The question that must be asked is: What is the purpose of university? Who is it for and who does “free speech” benefit?

If, as a society, we are maintaining the original purpose of the university as a place of free thought, inquiry and critique, then universities need to be autonomous from political interference. Läs mer…

Sexual consent has been a major focus in Australia for the past few years.

In early 2022 the federal government mandated consent education in schools. This includes information about what consent is, and how to ensure consensual relationships.

Across Australia, four states (Victoria, New South Wales, Queensland and Tasmania) and the Australian Capital Territory have now passed affirmative consent laws. While the precise wording of the laws differs between jurisdictions, affirmative consent can be defined as the need for “each individual person participating in a sexual act to take steps to say or do something to check that the other person(s) involved are consenting to a sexual activity”.

There have also been important campaigns, such as the Make No Doubt campaign in NSW, to educate about safe, pleasurable and consensual sex.

One challenge with sexual consent education is determining how it translates to real-life situations. As part of broader research seeking to answer this question, we wanted to understand how young heterosexual men and women understand and practice consent.

Our new study found that while participants mostly understood the concept of affirmative consent, they didn’t always put it into practice in the heat of the moment.

Read more:
Most states now have affirmative sexual consent laws, but not enough people know what they mean

Understanding sexual consent

Our research included a mixed group of 44 men and women aged 18 to 35, who were in relationships, dating or single. We spoke to them in focus groups and presented a variety of heterosexual sexual consent vignettes (scenarios) to discuss.

We wanted to understand how participants thought the characters should handle these situations, and how they would deal with these scenarios themselves. Scenarios were designed to be somewhat ambiguous, with no clear right answer.

An example of a vignette we used was Julia and Mark. They meet for drinks on their first date, and the chemistry is strong. They end up at Julia’s place, where she tells him she wants to take things slow and won’t be having sex that night. They start making out, and both begin to shed layers of clothing. Mark hesitates, unsure whether to continue, and Julia is uncertain how to signal her interest in other types of intimacy after setting a boundary.

Affirmative consent is now law in most Australian jurisdictions.
Anastasia Shuraeva/Pexels

Alongside the vignettes, we asked participants to share their understandings of consent, and their reflections on gender expectations around dating and sex, among other issues.

Participants demonstrated a clear understanding of consent practices in line with the affirmative consent framework. This included understanding that consent was the responsibility of all parties involved. Danny, a 23-year-old man, said:

It’s like equal responsibility in my eyes.

Participants also noted that straightforward, open communication alongside consistent verbal check-ins was important. As Abigail, a 26-year-old woman, said:

Both parties need to be actively engaging and checking boundaries as you go.

In theory versus reality

Despite appearing to understand the principles of affirmative consent, participants reacted differently when presented with varying scenarios. Instead of noting equal responsibility, most participants believed men in the scenarios were responsible for getting consent, and women providing it.

In discussing the scenarios participants highlighted the need to avoid assumptions and to encourage open communication. But this perspective shifted when discussing personal experiences and sexual consent. Here, participants expected partners to understand typical boundaries during sexual encounters, suggesting a shared sense of what’s “normal”.

In fact, participants felt following good sexual communication practices could dampen the enjoyment of sexual encounters. Some admitted that even though they knew the ideal approach, they didn’t always stick to it. As Alice, a 25-year-old woman, said:

Everything’s going well and we’re hitting it off, and then it moves into the bedroom and things just seem to flow, and I feel comfortable not having to necessarily overtly have that conversation then and there.

Lenore, a 28-year-old woman, said:

Sometimes, like, a conversation can almost kill the vibe, like if that moment is […] really hot and passionate and you’re giving them all the signals and they’re giving you all the signals, and then he was like, ‘So I want to just check in with you for a second’, I would be like, ‘Dude, come on, like, let’s just do the thing.’

Jeremy, a 34-year-old man, said:

I’ve regularly asked someone are they having a good time, you know, ‘is this okay’, ‘is this okay’, and be told, ‘No, you’ve ruined the moment’, which I found quite perplexing as someone who believes strongly in making sure there’s always consent.

There’s been an increased focus on consent education in recent years.
Mayur Gala/Unsplash

Participants also indicated affirmative consent was more important in some sexual situations over others. In discussing one of the vignettes, Lenore said:

It would really depend on what he [scenario character] tried, to be honest, like if he’s flipped me around and chucked me into a new position, like, yeah, go for it. If he’s slapped me across the face in the middle of sex without clearing that first, no. It would completely depend on what it was and the way that he goes about doing it.

Implications

Our study is relatively small and cannot be generalised to the broader Australian population. We also focused only on consent in heterosexual relationships.

Nonetheless, our research provides some insight into how young men and women may be navigating consent during sex. The results don’t imply education on sexual consent is ineffective. Rather, they highlight a significant gap between knowing and applying that knowledge.

Our findings also point to a broader and more complex issue: the need for a whole-of-society approach to rethink sexual communication and consent. One in five women have experienced sexual violence, suggesting deeper problems of masculine entitlement and societal attitudes toward women. Focusing on consent between sexual partners is one way of shifting attitudes.

Read more:
How to get consent for sex (and no, it doesn’t have to spoil the mood)

Sexual encounters often involve intricate layers of emotion and experience, influenced by culture, religion, and other factors, with elements like shame, pleasure, joy, uncertainty, fear and anxiety.

Understanding the complex variables that inform decision-making in these contexts is crucial for creating educational resources that help people navigate sexual consent in different situations. Läs mer…

There can be no more powerful symbol of the relationship between Australia and Papua New Guinea than the prime ministers of these neighbouring countries walking together on the gruelling Kokoda Track towards Isurava, high in PNG’s rugged Owen Stanley mountains.

The place where Anthony Albanese and James Marape chose to commemorate ANZAC Day was the scene of one of the toughest battles in the Pacific war, the Battle of Isurava. This is where raw Australian conscripts and militiamen fought back against an invading Japanese force in August 1942 until veteran reinforcements arrived. Their combined efforts inflicted heavy losses on the Japanese and, crucially, slowed their advance.

The Australians were supported throughout this and many other battles on the track by Papua New Guineans – the stretcher bearers who carried the wounded back to safety and the soldiers of the Papuan Infantry Battalion.

This moving collaboration has become the reference point for generations of leaders from both sides of the Torres Strait when speaking of the special relationship between the two countries. It has also inspired many Australian individuals and organisations to “give back” to PNG through financial donations and other support.

Papuan New Guinean stretcher bearers carry a wounded Australian on the Kokoda Track in 1942.
Australian War Memorial

How history informs Australia’s view of PNG

The events of 1942 had a lasting impact on Australian strategic thinking about its neighbourhood.

During the war, Australia’s lifeline to the United States across the Pacific was under direct threat from Japan’s sweep across the region. The military objective of the Japanese forces on the Kokoda Track was the capital, Port Moresby, because of its utility as a base for ongoing attacks against Australian ships and cities. For a while, an invasion of Australia itself seemed to be imminent.

The protection of Australian lines of supply and communication across the Pacific remains a central consideration in contemporary strategic thinking.

Australia’s deep sensitivity to any suggestion a potentially hostile power may be seeking to establish a naval base in the region actually predates the second world war. However, the very real threat that materialised on the Kokoda Track entrenched this view.

PNG still looms large in Australian deliberations about regional security – given its size, this wartime history and its proximity to Australia and pivotal location where Asia meets the Pacific.

Sergeant C. Ryan of Goulburn, NSW, conducts weapon training with two members of the Papuan Infantry Battalion in 1943.
Australian War Memorial

Of course, it is no longer Japan that Western strategists see as the principal strategic adversary and potential threat to stability in the Pacific. That mantle has been assumed by China, which in recent years has displayed an active interest in expanding its military links and presence in the region.

Japan has now become an important strategic ally for Australia and the United States in working to counter China’s growing influence in the Pacific, including PNG. It has made important contributions to the region’s development through aid and other economic support.

Papua New Guineans naturally have their own understanding of history, as well as today’s security environment. As Marape said last week in response to a gaffe by US President Joe Biden about his uncle having possibly been eaten by cannibals after being shot down during the second world war,

World War II was not the doing of my people. However, they were needlessly dragged into a conflict that was not their doing.

Read more:
Australia has long viewed the Pacific as a place of threats that must be contained. It’s time for this mindset to change

China’s ambitions in the region

As in other parts of the Pacific, there is no enthusiasm at all in PNG about the re-emergence of geo-strategic competition in the region. PNG leaders have joined their Pacific counterparts in emphasising climate change as the key regional security challenge and criticising their international partners for stoking tensions with China.

At the same time, there is an underlying lack of enthusiasm in PNG about expanding the country’s ties with China to include defence or policing ties.

The Marape government came under real pressure from Beijing to sign agreements covering police training and other security co-operation in the lead-up to Chinese Foreign Minister Wang Yi’s visit to Port Moresby last week. Ultimately, it did not do so.

Marape and his ministers have made it clear they look to Australia – not China – as their country’s key security partner.

China may have ambitions to establish a security partnership with PNG similar to the one it has signed with Solomon Islands, but it clearly has no interest in matching Australia as a development partner for the country.

Its aid spending in PNG – as in the rest of the Pacific – is very minor in comparison to Australia and may be in decline. Beijing has shown in Solomon Islands, at least, that it prefers to focus its money on nurturing relationships with members of the ruling elite.

However, China has made significant inroads as a commercial partner for PNG. Its construction firms now dominate the work taking place across the country to develop roads, bridges, public buildings and other infrastructure.

But China cannot match the breadth of the PNG relationship with Australia. This relationship encompasses social, cultural and sporting ties, as well as longstanding investment, aid and defence co-operation links.

Read more:
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‘History holds all the details’

Kokoda may have become a kind of public talisman for the Australia-PNG relationship, but there is much more to the two countries’ shared history than the wartime experience, as Marape made clear in his speech to the Australian parliament in February.

Anthony Albanese walks with James Marape after an address to parliament in February.
Lukas Coch/AAP

To make this point, he highlighted the presence in the parliamentary gallery of elderly former Australian patrol officers and their families who had dedicated their lives to the early development and administration of his country. He spoke with gratitude about the period during which Australia administered PNG – and with pride about the years since independence.

History holds all the details, for the greatest and most profound impact of the Australian administration is the democracy you left with us.

It was clear from this speech he believes Australians underestimate the depth of their own historical ties with PNG. Australians should take some comfort, in these uncertain strategic times, from the ballast these shared experiences provide for the relationship today. Läs mer…

Finding the best person to fill a position can be tough, from drafting a job ad to producing a shortlist of top interview candidates.

Employers typically consider information from several sources, including the applicant’s work history, social media presence, responses to interview questions and sometimes, psychometric testing results.

It’s also common for hiring managers to check an applicant’s references by chatting to the candidate’s nominated referees or reading over their letters of recommendations.

Reference checks tend to be the final hurdle; a sort of background check for the candidate’s job history and credentials.

Nearly every employer does reference checks, but research suggests there are important limitations worth keeping in mind.

Inconsistency can be a problem

A reliable selection method produces a consistent measure of candidate suitability. In other words, reliability enables an apples-to-apples comparison of each candidate.

But early research into reference checks found referees tend to give substantially different ratings to the same candidates.

This inconsistency is problematic because it is unclear if a favourable report reflects genuine suitability or the candidate was fortunate enough to nominate a lenient referee.

Part of the problem is employers often do not take a structured approach to obtaining information from referees.

Often referees for the same person give inconsistent assessments.
Ground Picture/Shutterstock

For instance, if asked overly general or vague questions about the candidate, each referee may focus on different aspects of past job performance or omit negative information.

Research suggests using a standardised set of questions can produce more reliable outcomes. This provides a stronger basis for making a meaningful comparison between candidates.

Unfortunately, even using a standardised assessment, referees still tend to disagree on their ratings.

This disagreement may still be worthwhile, as it can reveal important contextual differences in the candidate’s performance. For instance, one referee may have observed a candidate leading a team, while another may have only seen their project work.

However, employers still need to make sense of these different perspectives.

A reference is a poor indicator of future performance

A valid selection method is job-specific and provides useful information about how a candidate will actually perform in the role.

Reference checks are a relatively easy hurdle for candidates to overcome because referees are typically self-selected, and most job seekers can find at least one colleague who is willing to speak positively about them.

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Employers should use skill-based hiring to find hidden talent and address labour challenges

As well, a candidate’s performance in a previous position may not always be relevant for the job they are applying for.

For these reasons, reference checks show only a small correlation with employee performance in their new job.

But because of their limited ability to predict performance, employers should not rely solely on reference checks.

A mix of checks the best approach

A recent systematic review of employee selection methods suggests structured interviews, work samples, and pre-employment assessments can provide useful insights into how employees will perform.

Reviewing a candidate’s previous work can help in the hiring process.
RawPixel.com/Shutterstock

Pre-hiring assessments can reveal information about a person’s job knowledge, cognitive ability, integrity, personality, and emotional intelligence where appropriate. They are especially useful for screening numerous applicants, such as for graduate recruitment programs.

Ultimately, the job selection process should be tailored to the role requirements. For instance, if a role requires strong writing skills, this could be assessed through work samples or pre-hiring assessments.

Some candidates could be disadvantaged

A fair selection method is one that is unbiased and avoids giving weight to irrelevant information. It does not disadvantage people because of characteristics such as gender identity, age, or cultural background.

From this perspective, reference checks have several potential problems.

One is that candidates may not have access to referees of similar credibility.

For instance, a person from a high socioeconomic background is more likely to have access to senior leaders or experienced professionals in relevant fields who are willing to provide positive reports.

Reference checks may perpetuate existing inequalities.

In most cases, referees will want to provide positive reports. If the referee is a close colleague of the job applicant, they may be concerned that negative reports will be traced back to them and affect their ongoing relationship.

And employers may be motivated to offer under-performers a glowing review to get rid of them.

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Most references are difficult to verify, so referees are unlikely to suffer damage to their reputation if they talk up an average candidate, especially if the referee is outside the employer’s professional network.

In most cases a referee will want to provide a positive report.
AlexSkopje/Shutterstock

Research suggests letters of recommendation can actually disadvantage female candidates by planting doubts about their suitability.

For instance, letters about female candidates more frequently contain negativity (such as, “does not have much teaching experience”), faint praise (“needs minimal supervision”) and hedging (“has the potential to become a strong performer”).

These types of statements can lead employers to evaluate female candidates more harshly.

However, when a structured questionnaire is used, this bias does not emerge.

A flawed but worthwhile tool

While reference checks remain common, their limitations are clear. They can be unreliable, offer only moderate validity in predicting performance at best and raise fairness concerns.

However, reference checks shouldn’t be discarded. By implementing structured questioning and adopting other well-established employee selection methods, references can still be included as a final step in a robust hiring process. Läs mer…

The hyper-arid desert of Eastern Sudan, the Atbai Desert, seems like an unlikely place to find evidence of ancient cattle herders. But in this dry environment, my new research has found rock art over 4,000 years old that depicts cattle.

In 2018 and 2019, I led a team of archaeologists on the Atbai Survey Project. We discovered 16 new rock art sites east of the Sudanese city of Wadi Halfa, in one of the most desolate parts of the Sahara. This area receives almost no yearly rainfall.

Almost all of these rock art sites had one feature in common: the depiction of cattle, either as a lone cow or part of a larger herd.

On face value, this is a puzzling creature to find carved on desert rock walls. Cattle need plenty of water and acres of pasture, and would quickly perish today in such a sand-choked environment.

In modern Sudan, cattle only occur about 600 kilometres to the south, where the northernmost latitudes of the African monsoon create ephemeral summer grasslands suitable for cattle herding.

The theme of cattle in ancient rock art is one of most important pieces of evidence establishing a bygone age of the “green Sahara”.

New sites discovered on surveys in Eastern Sudan.
© The Atbai Survey Project

The ‘green Sahara’

Archaeological and climatic fieldwork across the entire Sahara, from Morocco to Sudan and everywhere in between, has illustrated a comprehensive picture of a region that used to be much wetter.

Climate scientists, archaeologists and geologists call this the “African humid period”. It was a time of increased summer monsoon rainfall across the continent, which began about 15,000 years ago and ended roughly 5,000 years ago.

The wastes of the Atbai Desert, north-east Sudan – a very different landscape to the ‘green Sahara’.
Julien Cooper

This “green Sahara” is a vital period in human history. In North Africa, this was when agriculture began and livestock were domesticated.

In this small “wet gap”, around 8,000–7,000 years ago, local nomads adopted cattle and other livestock such as sheep and goats from their neighbours to the north in Egypt and the Middle East.

Read more:
The Sahara Desert used to be a green savannah – new research explains why

A close human-animal connection

When the prehistoric artists painted cattle on their rock canvasses in what is now Sudan, the desert was a grassy savannah. It was brimming with pools, rivers, swamps and waterholes and typical African game such as elephants, rhinos and cheetah – very different to the deserts of today.

Cattle were not just a source of meat and milk. Close inspection of the rock art and in the archaeological record reveals these animals were modified by their owners. Horns were deformed, skin decorated and artificial folds fashioned on their neck, so-called “pendants”.

A strong relationship between human and animal: a cow with a modified ‘neck’ pendant and horns.
Julien Cooper

Cattle were even buried alongside humans in massive cemeteries, signalling an intimate link between person, animal and group identity.

The perils of climate change

At the end of the “humid period”, around 3000 BCE, things began to worsen rapidly. Lakes and rivers dried up and sands swallowed dead pastures. Scientists debate how rapidly conditions worsened, and this seems to have differed greatly across specific subregions.

Local human populations had a choice – leave the desert or adapt to their new dry norms. For those that left the Sahara for wetter parts, the best refuge was the Nile. It is no accident that this rough period also eventuated in the rise of urban agricultural civilisations in Egypt and Sudan.

The most common image in the local rock art was of cattle.
Julien Cooper

Some of the deserts, such as the Atbai Desert around Wadi Halfa where the rock art was discovered, became almost depopulated. Not even the hardiest of livestock could survive in such regions. For those who remained, cattle were abandoned for hardier sheep and goats (the camel would not be domesticated in North Africa for another 2,000–3,000 years).

This abandonment would have major ramifications on all aspects of human life: diet and lack of milk, migratory patterns of herding families and, for nomads so connected to their cattle, their very identity and ideology.

New phases of history

Archaeologists, who spend so much time on the ancient artefacts of the past, often forget our ancestors had emotions. They lived, loved and suffered just like we do. Abandoning an animal that was very much a core part of their identity, and with whom they shared an emotional connection, cannot have been easy for their emotions and sense of place in the world.

For those communities that migrated and lived on the Nile, cattle continued to be a symbol of identity and importance. At the ancient capital of Sudan, Kerma, community leaders were buried in elaborate graves girded by cattle skulls. One burial even had 4,899 skulls.

Today in South Sudan and much of the Horn of Africa, similar practices regarding cattle and their cultural prominence endure to the present. Here, just as in ancient Sahara, cattle are decorated, branded and have an important place in funeral traditions, with cattle skulls marking graves and cattle consumed in feasts.

As we move into a new phase of human history subject to rapid climate oscillations and environmental degradation, we need to ponder just how we will adapt beyond questions of economy and subsistence.

One of the most basic common denominators of culture is our relationship to our shared landscape. Environmental change, whether we like it or not, will force us to create new identities, symbols and meanings.

Read more:
Innovations on the Nile over millennia offer lessons in engineering sustainable futures Läs mer…

Over the last 25 years, the ozone hole which forming over Antarctica each spring has started to shrink.

But over the last four years, even as the hole has shrunk it has persisted for an unusually long time. Our new research found that instead of closing up during November it has stayed open well into December. This is early summer – the crucial period of new plant growth in coastal Antarctica and the peak breeding season for penguins and seals.

That’s a worry. When the ozone hole forms, more ultraviolet rays get through the atmosphere. And while penguins and seals have protective covering, their young may be more vulnerable.

Why does ozone matter?

Over the past half century, we damaged the earth’s protective ozone layer by using chlorofluorocarbons (CFCs) and related chemicals. Thanks to coordinated global action these chemicals are now banned.

Because CFCs have long lifetimes, it will be decades before they are completely removed from the atmosphere. As a result, we still see the ozone hole forming each year.

The lion’s share of ozone damage happens over Antarctica. When the hole forms, the UV index doubles, reaching extreme levels. We might expect to see UV days over 14 in summers in Australia or California, but not in polar regions.

This figure shows the maximum UV index at Palmer Station in Antarctica each month, in both ozone hole (thick blue line) and normal (thin blue line) conditions. This is compared with an equivalent location in the Arctic (Barrow, Alaska) as well as a Californian location (San Diego). The blue area shows how the UV index has more than doubled in the ozone hole era.
Bernhard et al 2022

Luckily, on land most species are dormant and protected under snow when the ozone hole opens in early spring (September to November). Marine life is protected by sea ice cover and Antarctica’s moss forests are under snow. These protective icy covers have helped to protect most life in Antarctica from ozone depletion – until now.

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Unusually long-lived ozone holes

A series of unusual events between 2020 and 2023 saw the ozone hole persist into December. The record-breaking 2019–2020 Australian bushfires, the huge underwater volcanic eruption off Tonga, and three consecutive years of La Niña. Volcanoes and bushfires can inject ash and smoke into the stratosphere. Chemical reactions occurring on the surface of these tiny particulates can destroy ozone.

Read more:
La Niña is finishing an extremely unusual three-year cycle – here’s how it affected weather around the world

These longer-lasting ozone holes coincided with significant loss of sea ice, which meant many animals and plants would have had fewer places to hide.

You can see how the size of the ozone hole in 2019 (top left) and 2020 (top right) differs from the mean ozone hole area between 1979 and 2018. Maps of ozone area for September to December show how the ozone hole disappeared early in 2019 (November, middle panel) but extended into December in 2020 (lower panel)
NASA Ozone Watch, CC BY-NC-ND

What does stronger UV radiation do to ecosystems?

If ozone holes last longer, summer-breeding animals around Antarctica’s vast coastline will be exposed to high levels of reflected UV radiation. More UV can get through, and ice and snow is highly reflective, bouncing these rays around.

In humans, high UV exposure increases our risk of skin cancer and cataracts. But we don’t have fur or feathers. While penguins and seals have skin protection, their eyes aren’t protected.

Is it doing damage? We don’t know for sure. Very few studies report on what UV radiation does to animals in Antarctica. Most are done in zoos, where researchers study what happens when animals are kept under artificial light.

Even so, it is a concern. More UV radiation in early summer could be particularly damaging to young animals, such as penguin chicks and seal pups who hatch or are born in late spring.

As plants such as Antarctic hairgrass, Deschampsia antarctica, the cushion plant, Colobanthus quitensis and lots of mosses emerge from under snow in late spring, they will be exposed to maximum UV levels.

Antarctic mosses actually produce their own sunscreen to protect themselves from UV radiation, but this comes at the cost of reduced growth.

Trillions of tiny phytoplankton live under the sea ice. These microscopic floating algae also make sunscreen compounds, called microsporine amino acids.

What about marine creatures? Krill will dive deeper into the water column if the UV radiation is too high, while fish eggs usually have melanin, the same protective compound as humans, though not all fish life stages are as well protected.

If the ozone hole peaks in October, most Antarctic wildlife is protected by snow or sea ice cover which helps reflect the UV rays (top panel). But if the ozone hole persists into December (lower panel) the snow and ice will have melted, and more animals and plants are present and exposed to UV.
Global Change Biology

Four of the past five years have seen sea ice extent reduce, a direct consequence of climate change.

Less sea ice means more UV light can penetrate the ocean, where it makes it harder for Antarctic phytoplankton and krill to survive. Much relies on these tiny creatures, who form the base of the food web. If they find it harder to survive, hunger will ripple up the food chain. Antarctica’s waters are also getting warmer and more acidic due to climate change.

An uncertain outlook for Antarctica

We should, by rights, be celebrating the success of banning CFCS – a rare example of fixing an environmental problem. But that might be premature. Climate change may be delaying the recovery of our ozone layer by, for example, making bushfires more common and more severe.

Ozone could also suffer from geoengineering proposals such as spraying sulphates into the atmosphere to reflect sunlight, as well as more frequent rocket launches.

If the recent trend continues, and the ozone hole lingers into the summer, we can expect to see more damage done to plants and animals – compounded by other threats.

We don’t know if the longer-lasting ozone hole will continue. But we do know climate change is causing the atmosphere to behave in unprecedented ways. To keep ozone recovery on track, we need to take immediate action to reduce the carbon we emit into the atmosphere.

Read more:
Antarctica’s sea ice hit another low this year – understanding how ocean warming is driving the loss is key Läs mer…

In April 2022, conservative American think tank the Heritage Foundation, working with a broad coalition of 50 conservative organisations, launched Project 2025: a plan for the next conservative president of the United States.

The Project’s flagship publication, Mandate for Leadership: The Conservative Promise, outlines in plain language and in granular detail, over 900-plus pages, what a second Trump administration (if it occurs) might look like. I’ve read it all, so you don’t have to.

The Mandate’s veneer of exhausting technocratic detail, focused mostly on the federal bureaucracy, sits easily alongside a Trumpian project of revenge and retribution. It is the substance behind the showmanship of the Trump rallies.

Developing transition plans for a presidential candidate is normal practice in the US. What is not normal about Project 2025, with its intertwined domestic and international agenda, are the plans themselves. Those for climate and the global environment, defence and security, the global economic system and the institutions of American democracy more broadly aim for nothing less than the total dismantling and restructure of both American life and the world as we know it.

The unapologetic agenda, according to Heritage Foundation president Kevin D. Roberts, is to “defeat the anti-American left – at home and abroad.”

Recommendations include completely abolishing the US Federal Reserve in favour of a system of “free banking”, the total reversal of all the Biden administration’s climate policies, a dramatic increase in fossil fuel extraction and use, ending economic engagement with China, expanding the nuclear arsenal and a “comprehensive cost-benefit analysis of U.S. participation in all international organizations” including the UN and its agencies. And that’s not all.

Australia itself is mentioned just seven times in the substantive text, with vague recommendations that a future administration support “greater spending and collaboration” with regional partners in defence and send a political appointee here as ambassador. But even if only partially implemented, the document’s overarching recommendations would have significant implications for Australia and our region.

Project 2025 is modelled on what the Foundation sees as its greatest historical triumph. The launch of the first Mandate for Leadership coincided with Ronald Reagan’s inauguration in January 1981. By the following year, according to the Foundation, “more than 60 percent of its recommendations had become policy”.

Four decades later, Project 2025 is trying to repeat history.

The Project is not directly aligned with the Trump campaign: it has in fact attracted some ire from the campaign for presuming too much. Trump is under no obligation to adopt any of its plans should he return to the White House. But the sheer number of former Trump officials and loyalists involved in the Project, and its particular commitment to supporting a Trump return, suggest we should take its plans very seriously.

Much of what is happening now in the US is unprecedented. Trump, the presumptive Republican nominee, is currently locked in a Manhattan courtroom defending himself from criminal charges. Despite this unedifying spectacle, current polling separates Biden and Trump by a gap of just 2%, according to the latest poll. This year will be an existential test for American democracy.

Read more:
Is America enduring a ’slow civil war’? Jeff Sharlet visits Trump rallies, a celebrity megachurch and the manosphere to find out

The four pillars

Project 2025’s chosen method for engineering its radical reshaping of that democracy takes a startlingly familiar bureaucratic approach. It aims to create a system where any potential chaos is contained by an administration and bureaucracy united by the same conservative vision. The vision rests on four “pillars”.

Pillar one is the 920-page Mandate – the manifesto for the next conservative president (and the major focus of this analysis).

Pillar two is the foundation’s recruitment program: a kind of conservative LinkedIn that aims to build a database of vetted, loyal conservatives ready to serve in the next administration.

The program is specifically designed to “deconstruct the Administrative State”: code for using Schedule F, a Trump-era executive order (since overturned), that would allow an administration to unilaterally re-categorise, fire and replace tens of thousands of independent federal employees with political loyalists.

Pillar three, the “Presidential Administration Academy”, will train those new recruits and existing amenable officials in the nature and use of power within the American political system, so they can effectively and efficiently implement the president’s agenda.

Pillar four consists of a secret “Playbook” – a resources bank of things like draft executive orders and specific transition plans ready for the first 180 days of a new administration.

The four pillars inform each other. The Mandate, for example, doubles as a recruitment tool that educates aspiring officials in the complex structures of the US federal government.

Current polling separates Biden and Trump by just 2%.
Andy Manis/AAP

A response to Trump’s failures

The Mandate doesn’t specify who the next conservative president might be, but it is clearly written with Trump in mind. As it outlines, “one set of eyes reading these passages will be those of the 47th President of the United States”. What the Mandate can’t acknowledge is that the man aiming to be the 47th president was notorious for not reading his briefs when he occupied the Oval Office.

An unspoken aim of Project 2025 is to inject some ideological coherence into Trumpism. It aims to focus if not the leader, then the movement behind him – something that did not happen in the four years between January 2017 and January 2021. The entire project is a response to the perceived failures and weaknesses of the Trump administration.

Project 2025’s vision rests on almost completely gutting and replacing the bureaucracy that (in the view of its authors) thwarted and undermined the Trump presidency. It aims to remodel and reorganise the “blob” of powerful people who cycle through the landscape of American power between think tanks, government and higher education institutions.

It explicitly welcomes conservatives to this “mission” of assembling “an army of aligned, vetted, trained, and prepared conservatives to go to work on Day One to deconstruct the Administrative State”. “Conservatives”, in this framing, are not those who would defend and protect the institutions and traditions of the state, but rather right-wing radicals who would fundamentally change them.

The choice of language – “mission”, “army” – is also deliberate. The Mandate repeatedly distinguished between “real people” and what it sees as existential enemies. “America is now divided,” it argues, “between two opposing forces”. Those forces are irreconcilable, and because that fight extends abroad, “there is no margin for error”.

This framing of an America and a world engaged in an existential battle is underpinned by granular, bureaucratic detail – right down to recommendations for low-level appointments, budget allocations and regulatory reform. Effective understanding – and use of – the machinery of American power is, the Heritage Foundation believes, essential to victory.

That is why the Mandate is 920 pages from cover to cover, why it has 30 chapters written by “hundreds of contributors” with input from “more than 400 scholars and policy experts” and why it can now claim the support of 100 organisations.

What follows is a broad analysis of the implications of Project 2025 for the world outside the United States.

Drill baby, drill: climate and the environment

In late 2023, Donald Trump was asked by Fox News anchor Sean Hannity if he would be a “dictator”. Trump responded he would not, “except on day one”. In the flurry of coverage that followed, rightly condemning and outlining Trump’s repeated threats to American democracy, the aspiring president’s stated reasons for a day of dictatorship were overshadowed.

But Trump was explicit: “We’re closing the border and we’re drilling, drilling, drilling.” While Trump himself may not be across or even aligned with the specific detail of much of Project 2025’s aims, on “drilling, drilling, drilling,” they are very much in sync.

Trump says he will be a dictator on day one.

The Mandate condemns what it describes as a “radical climate agenda” and “Biden’s war on fossil fuels”, recommending an immediate rollback of all Biden administration programs and reinstatement of Trump-era policies.

One of Biden’s signature legislative achievements, the Inflation Reduction Act, attracts a great deal of attention. Unsurprisingly, the broad recommendation is that the Act be repealed in its entirety. But the recommendations are also specific: repeal “credits and tax breaks for green energy companies”, stop “programs providing grants for environmental science activities” and ensure “the rescinding of all funds not already spent by these programs”. This would include removing “federal mandates and subsidies of electric vehicles”.

There is, in all, a great deal to “eliminate” – a word that appears in the Mandate over 250 times. In environmental policy, programs on the elimination list include the Clean Energy Corps, energy efficiency standards for appliances, the Office of Energy Efficiency and Renewable Energy and the Office of Clean Energy Demonstrations in the Department of Energy, and the entire National Oceanic and Atmospheric Administration.

But this is not all. The elimination of climate-focused programs, legislation, offices and policies would be accompanied by a dramatic increase in fossil fuel extraction and use – a reversal of Biden’s “war”.

The chapter on the Department of the Interior, which manages federal lands and natural resources, recommends it “conduct offshore oil and natural gas lease sales to the maximum extent permitted” and restart the coal-leasing program.

This should include returning to the first Trump administration’s plans to further open the Arctic National Wildlife Refuge to oil fields development. The Federal Energy Regulatory Commission should, likewise, “not use environmental issues like climate change as a reason to stop LNG projects”.

The Mandate recommends further opening the Arctic National Wildlife Refuge to oil fields development.
AAP

Given the size and influence of the US economy, these policies would inevitably have global implications. This is not lost on the Mandate’s authors: the fight against the “radical climate agenda” is both local and global.

The chapter on Treasury, for example, recommends that a conservative administration “withdraw from climate change agreements that are inimical to the prosperity of the United States”. This includes, specifically, the UN Framework Convention on Climate Change and the Paris Agreement (which Trump withdrew the United States from in 2020, and Biden rejoined in 2021).

Analysis by the Guardian argues that taken together, these plans for rewinding climate action and accelerating fossil fuel extraction and use would be “even more extreme for the environment” than those of the first Trump administration.

This would not be a straightforward case of the US reverting from being a “good” actor on climate to a “bad” one. While the Biden administration has presided over some of the most significant climate legislation and actions in US history, domestic oil production has also hit a record high under Biden’s leadership. The US is already the second highest emitter of greenhouse gases in the world.

Several nations, including Australia, might find it convenient to hide behind the much more explicitly destructive policies of a future conservative US administration.

According to modelling by UK-based Carbon Brief, which does not include the increases in fossil fuel extraction and use outlined by the Mandate, a second Trump administration could result in an increase in emissions “equivalent to the combined annual emissions of the EU and Japan, or the combined annual total of the world’s 140 lowest-emitting countries”.

That would mean, even without accounting for the opening of new oil reserves in places like Alaska, “a second Trump term […] would likely end any global hopes of keeping global warming below 1.5C”.

Project 2025’s authors are, of course, unapologetic. The Mandate demands that the next conservative administration “go on offense” and assert “America’s energy interests […] around the world” – to the point of establishing “full-spectrum strategic energy dominance”, in order to restore the nation’s global primacy.

A world on fire: security and defence

Restoring that global primacy is the focus of Section 2 of the Mandate. This section argues the Departments of Defense and State are “first among equals” with the executive branch, suggesting international relations should be a major focus for the next conservative presidency. It argues the success of such an administration “will be determined in part by whether [Defence and State] can be significantly improved in short order”.

Why is that improvement so important? Because, according to the Mandate, the US is engaged in an existential battle with its enemies, in “a world on fire”. China is, unsurprisingly, the main game: “America’s most dangerous international enemy”.

The Mandate’s overwhelming focus on China and its assessment that the world is in an era of “great power competition” is not radically different from the position of the current administration – nor the rest of the Western world. But the Mandate’s suggested response is different.

“The next conservative President,” the Mandate claims, “has the opportunity to restructure the making and execution of U.S. defense and foreign policy and reset the nation’s role in the world.”

For Defense, this reset means restoring “warfighting as its sole mission” and making its highest priority “defeating the threat of the Chinese Communist Party”. It means dismantling the Department of Homeland Security and bringing its remit under Defense. It then recommends the department help with “aggressively building the border wall system on America’s southern border” and deploy “military personnel and hardware to prevent illegal crossings”.

President Donald Trump tours a section of the southern border wall, 2019.
Evan Vucci/AAP

Along with this expanded, more aggressive role for the Pentagon, the Mandate advocates for a dramatic expansion in defence personnel. A reduced force in Europe would be combined with an increase in “the Army force structure by 50,000 to handle two major regional contingencies simultaneously”.

It’s not quite clear how recruitment would be boosted so quickly. But at one point, the Mandate recommends requiring completion of the military entrance examination “by all students in schools that receive federal funding”. This is one of many lines that hints at a radical reshaping of American life.

The “two major contingencies” the department must prepare for appear to be “threats” from both China and Russia. As the long fight over US funding for Ukraine has demonstrated, however, many Trump-aligned conservatives have an ideological affinity with Putin’s Russia. This radical turnaround in the recent history of US–Russia relations marks a clear tension in conservative politics.

The Mandate acknowledges Russia now “starkly divides conservatives”. But it offers no real resolution, suggesting this would be left up to the president. Inevitable contradictions like this run throughout.

Even on China – one of very few issues that unites conservatives and liberals – the Mandate can contradict itself. One chapter, for example, worries about China blocking market access for the United States. Another advocates complete market decoupling.

Modernise, adapt, expand: on the nuclear arsenal

Trump has repeatedly toyed with the possibility of using nuclear weapons. In 2016, the then-candidate was pressed on why he wouldn’t rule out using them. He responded with his own question: “Then why are we making them? Why do we make them?”

As president, Trump repeatedly bragged about the US nuclear arsenal and weapons development, and allegedly illegally removed classified documents concerning nuclear capabilities from the White House. During his presidency, the US also dropped the biggest non-nuclear bomb, nicknamed with characteristic misogyny the “mother of all bombs”, on Afghanistan.

Trump alarmed nuclear experts by talking about America’s nuclear weapons.

The Mandate encourages more weapons development. It argues the Department of Energy should refocus on “developing new nuclear weapons and naval nuclear reactors”. Its recommendation that the United States “expand” its nuclear arsenal in order to “deter Russia and China simultaneously” will especially concern advocates of non-proliferation.

The Mandate also recommends the next administration “end ineffective and counterproductive nonproliferation activities like those involving Iran and the United Nations”.

“Friends and adversaries” abroad

This ramping up of American militarism should be accompanied, according to the Mandate, by a radical shakeup of American diplomacy. The next administration should

significantly reorient the U.S. government’s posture toward friends and adversaries alike – which will include much more honest assessments about who are friends and who are not. This reorientation could represent the most significant shift in core foreign policy principles and corresponding action since the end of the Cold War.

In a line that inevitably provokes thoughts of regime change, the Mandate suggests “the time may be right to press harder on the Iranian theocracy […] and take other steps to draw Iran into the community of free and modern nations”. It is, of course, silent on how disastrous regime change has proved to be in the conduct of US foreign policy over the past half century.

The Mandate also suggests a return to the Trump administration’s “tough love” approach to US participation in international organisations, ensuring no foreign aid supports reproductive rights or care, and that USAID, the nation’s major aid agency, “rescind all climate policies”.

All of this would mean installing “political ambassadors with strong personal relationships with the President”, especially in “key strategic posts such as Australia, Japan, the United Kingdom, the United Nations, and the North Atlantic Treaty Organization (NATO)”. In the State Department specifically, “No one in a leadership position on the morning of January 20 should hold that position at the end of the day.”

Perhaps most significantly, Roberts argues in the Mandate’s foreword that “Economic engagement with China should be ended, not rethought.” The chapter on the Department of Commerce similarly argues for “strategic decoupling from China”.

The Mandate recommends ‘economic engagement with China should be ended, not rethought’. Donald Trump and Chinese President Xi Jinping.
Roman Pilipey/AAP

Given the size and scope of the American and Chinese economies, and smaller nations like Australia’s reliance on stable economic relations with both, such a “decoupling” from China, alongside a ramping up of militarism, would have significant, wide-ranging consequences.

Another recommendation is that the United States “withdraw” from both the World Bank and the International Monetary Fund (IMF) and “terminate its financial contribution to both institutions”. The global consequences of even more radical suggestions like a return to the gold standard, or even “abolishing the federal role in money altogether” in favour of a system of “free banking”, are genuinely mind-boggling.

A new, frightening world in the making?

Project 2025 opens a window onto the modern American conservative movement, documenting in minute detail just how much it has reoriented itself around Trump and the ideological incoherence of Trumpism more broadly. The success, or not, of this effort to unify the movement will also have international implications, as those same organisations and individuals cultivate their connections with the far-right globally.

While Trump, as always, is difficult to predict, there are long and deep links between his campaign and supporters and the Project’s supporters and contributors. Nothing is inevitable, but should Trump return to the White House, it is highly likely at least some of Project 2025’s recommendations, policies, authors, and aspiring officials will join him there. These include people like Peter Navarro, a former Trump official, loyalist and Mandate author, who is currently serving a four-month prison sentence for contempt of Congress because he refused to comply with a congressional subpoena during the January 6 investigation.

Project 2025’s Mandate is iconoclastic and dystopian, offering a dark vision of a highly militaristic and unapologetically aggressive America ascendant in “a world on fire”. Those who wish to understand Trump and the movement behind him, and the active threat they pose to American democracy, are obliged to take it seriously. Läs mer…

Biodiversity is declining at rates unprecedented in human history. This suggests the ways we currently use to manage our natural environment are failing.

One emerging concept focuses on giving legal rights to nature.

Many Indigenous peoples have long emphasised the intrinsic value of nature. In 1972, the late University of Southern California law professor Christopher Stone proposed what then seemed like a whimsical idea: to vest legal rights in natural objects to allow a shift from an anthropocentric to an intrinsic worldview.

Ecuador was the first country to enshrine rights of nature in its 2008 constitution. Since then, a growing number of countries have followed in awarding rights of nature.

This includes Aotearoa New Zealand, where legal personhood was granted to the Whanganui River, the former national park Te Urewera and soon the Taranaki maunga.

At its core, the rights-of-nature movement allows persons to take legal action on behalf of natural ecosystems, as opposed to on behalf of people affected by environmental degradation.

Ecosystems can become separate entities with their own agency, in the same way other non-human entities such as charitable trusts and organisations can exist as separate entities in law.

Read more:
What if whales took us to court? A move to grant them legal personhood would include the right to sue

But can the movement help stem the loss of biodiversity? There is no easy answer. Our new research shows that many rights-of-nature examples have emerged because current systems were not enough to protect nature from continued economic pressure from development.

We find one of the key features of well designed rights-of-nature frameworks lies in defining who is ultimately liable, and what for.

The Whanganui River in New Zealand was granted legal personhood in 2017.
Shutterstock/Gabor Kovacs Photography

Global case studies

The design of rights-of-nature frameworks varies widely in geography, legal status, guardianship and who holds liability.

We investigated 14 global rights-of-nature examples and categorised them by types of guardianship. For example, in 2008, Ecuador enshrined rights of nature in its constitution because of decades of pressure from large mining companies.

This represents a type of public guardianship where every citizen has the right to take legal action on behalf of nature.

In New Zealand on the other hand, the former national park Te Urewera was granted legal personhood with Tūhoe trustees as appointed guardians.

A legal person is defined as an entity which has the capacity to enter into contracts, incur debts, sue and be sued in its own right, and to be accountable for illegal activities. We define rights-of-nature cases with appointed guardians as “environmental legal personhoods”.

Read more:
Rights for nature: How granting a river ’personhood’ could help protect it

We then compared these cases to explore why they emerged and how they are designed. Who advocated on behalf of the environment? What was the exploiting activity putting pressure on the ecosystem? What is the liability status of the guardians?

We found that, overwhelmingly, Indigenous people and local communities acted as advocates. For example, the Whanganui River in New Zealand was granted legal personhood in 2017 as a result of hundreds of years of resistance by Indigenous Māori to aggressive colonisation.

Since 1848, the Crown has introduced a steamer service, cleared forest from river banks, extracted sand and gravel, and diverted water into a power scheme. This led to ongoing conflict with Whanganui iwi who raised concerns about the river’s health and the desire to preserve the resource for future generations.

Response to sustained economic pressure

On the other side of the world, the Mar Menor lagoon in Spain was declared a legal person in 2022 due to strong local community advocacy against pollution from agriculture, mining and sewage.

The evidence from our research points to a fundamental divide between local communities and external economic interests. The rights-of-nature movement has come as a response to sustained pressure from economic (urban, agricultural and industrial) activity. The features of design, however, vary significantly.

For example, the Victorian state government in Australia established the Victorian Environmental Water Holder, an independent statutory body under the state’s Water Act 1989, as a legal person. It manages water entitlements to improve the health of rivers and wetlands. The entity acts indirectly on behalf of the ecosystems, which is not precisely the same as creating legal rights for rivers themselves.

The Whanganui River, on the other hand, was itself declared a legal person. Its appointed guardians have the legal status of a charitable entity. This group includes representatives of Whanganui iwi and the government, supported by members of councils, locals, and recreational and commercial users.

Liability matters

The recent overturning of two rights-of-nature decisions in particular puts the spot light on the importance of liability.

In the US, farming operations challenged the Lake Erie Bill of Rights in 2020, which granted Lake Erie the right to “exist, flourish and naturally evolve”. Farmers argued the bill was too vague and would expose them to liability from fertiliser runoff.

The Ganges River no longer has legal personhood status.
Shutterstock/De Visu

In India, the Ganges and Yamuna rivers were granted living-person status, where injury to rivers was to be treated equally to injury to human beings. The decision was challenged on the grounds of uncertainty about who the custodians are and who would be liable to pay damage to the families of those who drowned in the rivers.

Both these were legally overturned, meaning these natural entities no longer have rights of nature. This suggests attention to legally defining who is liability for what may be an important building block for the movement to protect biodiversity in the future.

Our recommendation is that future rights-of-nature frameworks need to have well-defined legal rights and include appointed guardians, established as separate legal entities with limited liability, as well as the support of representatives from interest groups.

This research was carried out in collaboration with my colleagues Claire Armstrong and Margrethe Aanesen in Norway. Läs mer…

The Canadian government recently proposed earmarking $325 million in the 2024 federal budget to upgrade federal immigration detention centres to hold more people. The budget also proposes to amend the law to allow federal prisons to be used to detain “high-risk” immigrants.

The government’s decision comes after all Canadian provinces committed to ending their agreements with the Canada Border Services Agency (CBSA) to detain migrants in provincial jails. In 2022, British Columbia became the first province to announce it would end its agreement with CBSA, stating the practice conflicts with provincial, national and international human rights commitments.

Human rights organizations have sharply criticized the federal government’s plan, saying it’s “doubling down on its harmful rights-abusing system.”

In the last quarter of 2023, 1,662 migrants were detained in Canada. Most of them were held if a CBSA officer believed the person was unlikely to appear for an examination, hearing or proceeding. Many were held in detention centres and provincial jails, where conditions are often punitive.

In response to critics, Immigration Minister Marc Miller said detained migrants would be housed separately from other prisoners “because they are not criminals.” However, placing migrants in prisons risks serious violations of their human rights and perpetuates narratives about the criminality of immigrants.

Human rights concerns

The CBSA operates federal immigration holding centres (IHCs) and holds contracts with provinces to use their jails to detain immigrants under the Immigration and Refugee Protection Act. Around one-fifth of migrant detainees are currently held in provincial jails.

While provinces ending immigrant detention is cause for celebration, we’ve cautioned that without legislative change, external oversight and accountability over CBSA, human rights concerns are likely to continue.

Deputy Prime Minister and Minister of Finance Chrystia Freeland presents the federal budget in the House of Commons in Ottawa on April 16, 2024.
THE CANADIAN PRESS/Adrian Wyld

Migrant detention, regardless of facility type, violates migrants’ human rights. Canada does not place any limit on how long a migrant can be detained. This is in contrast to citizens, who are entitled to know how long they’re being detained and access procedural justice such as routine reviews of detention and a clear appeals process.

Immigrants facing removal can be detained if a CBSA officer classifies them as high risk. There is no policy or law or specific evidence required, or appeals possible, if a person is deemed high-risk. These often ad-hoc decisions can result in indefinite imprisonment without charges or trial and go against basic principles of fairness, justice and due process.

The government’s plans refer to those people deemed a high-risk. However, critics say the CBSA is exaggerating the extent of public safety concerns. The use of prisons further entrenches narratives that paint migrants as criminals who pose a risk to broader society. Those labelled risky are often detained for posing flight risks, suffering mental health issues or having records of minor criminality in their past.

Read more:
Immigration detention continues in Canada despite the end of provincial agreements

Ebrahim Toure, a stateless refugee claimant, was held in immigration detention by CBSA for six years. Toure was deemed a risk because of a previous conviction for selling pirated DVDs in Atlanta, Ga. Toure said: “The reason I came [to Canada] is to seek refuge, but the punishment I got for that — I never experienced that anywhere else.”

Experts have argued Canada’s use of immigrant detention is a form of penal nationalism. This is defined as a populist strategy that treats migrants as criminal threats to the nation and national identity. Narratives of criminality and risk are largely constructed and based on the idea of “securing” borders from the “other.”

Detention in IHCs and prisons has also been criticized for blurring lines of accountability and transparency. For example, while IHCs are federally operated by CBSA, the day-to-day labour and management of these institutions is provided through private-sector contracts.

Violating Canada’s obligations

Kimora Adetunji with her son outside Federal Court in Toronto in May 2017, where indefinite immigration detention was subject of a court hearing. Her husband was held in immigration detention for almost a year.
THE CANADIAN PRESS/Colin Perkel

Canada is a signatory to international treaties designed to uphold the safety, dignity and rights of migrants and asylum-seekers. These include the United Nations Convention relating to the Status of Refugees, the Protocol Relating to the Status of Refugees as well as global compacts on migration and refugees.

In 2021, Canada articulated its commitment to promoting balanced public narratives on migrants, including refugees. Yet, the detention of migrants not only perpetuates fear-mongering narratives of migrants and refugees, it also violates the internationally recognized right to claim asylum without fear of punishment.

Read more:
The detention of migrants in Canadian jails is a public health emergency

The government has increased investment in alternatives to detention including electronic monitoring, community case management and voice reporting. Such alternatives do address some of the human rights violations migrants face in detention centres and jails. However, they continue to criminalize migrants who are entitled to make asylum claims in Canada.

The government’s intention to put migrants in federal prisons risks further dehumanizing and criminalizing refugees, asylum-seekers and other immigrants. Canadians should oppose legal amendments that enable the use of federal correctional facilities for immigration detention.

Canada bills itself as a human rights champion, but this record is uneven — and this proposal could become the latest strike against it. Läs mer…

British Columbia’s proposed new police law, Bill 17, has excluded provincial armed environmental law enforcement from its legal definition of “police.” Why does this matter?

At the heart of this issue lies a fundamental legal question. Should environmental police services be treated in the law as regular police and, crucially, subject to the same regulatory oversight?

For many officers, academics and members of the general public alike, the answer is a resounding yes. Especially as a means to curtail the unnecessary use of lethal force on wildlife, the para-militarization of environmental police services and a history of questionable arrests. This is in addition to media scrutiny of investigative practices involving both human deaths and the death of domestic animals.

However, in Bill 17 the B.C. government has so far resisted calls for change.

If armed provincial officers are going to dress like police, carry police weapons and related equipment, drive police-like vehicles and be appointed like police then they should have the same independent oversight as the police. Modern accountability and transparency mechanisms provide a model and structure for individual officer restraint and broader agency accountability for the public.

More transparency and accountability for policing actions and officer conduct could lead to less lethal force on wildlife and a reduction in negative public interactions.

British Columbia Conservation Officer Service

The B.C. Conservation Officer Service (BCCOS) is the province’s formal, and fully armed, frontline environmental police service which specializes in “public safety as it relates to human/wildlife conflict” — with an additional mandate to manage “complex commercial environmental and industrial investigations and compliance and enforcement services”.

Individual officers of the BCCOS are designated as special provincial constables under section 9 of the current Police Act. However, the BCCOS as an agency is not designated as a police service in current law.

This creates a legal conflict between officers acting like police in the public sphere but not held as accountable as other police services because they work for a non-policing agency. I experienced this conflict first-hand during my time as an officer with the BCCOS.

Surrey police officers are seen in Surrey, B.C., in July 2023. The BCCOS operates as a fully armed police-like service without the same degree of oversight as other police services across the province.
THE CANADIAN PRESS/Darryl Dyck

The BCCOS was formerly a part of the B.C. Provincial Police Force and provided an armed environmental police service since 1871.

Since 2003, however, the BCCOS has been structured under Section 106 of the Environmental Management Act. This legislation was written primarily for pollution control and waste management and was never intended to take the place of the Police Act or allow a police-like service to operate in the province.

This cumbersome legal arrangement — where a police-like force is controlled by a piece of legislation not intended for policing — has directly inhibited attempts at greater independent oversight, accountability, and review of police actions.

Bill 17 had an opportunity to correct this by properly designating the BCCOS as a provincial police service, as it once was, and as it now should be.

Contentious debates

The record of debate in the B.C. legislature for April 11, 2024 is a revealing insight into the ongoing debates over the future of the province’s environmental police services.

Bill 17 sought to reform municipal policing legislation province-wide and increase accountability for constables, jail guards and police oversight boards. However, the bill glossed over the province’s own armed environmental police services who work as police despite not being recognized as such.

The provincial legislature building in Victoria, B.C.
(Shutterstock)

This loophole was called into question by a member of the legislative assembly, Adam Olsen, who highlighted the similarities between standard police and environmental police services in the province.

Olsen asked why oversight of these armed environmental police services was not included in Bill 17 to which the Deputy Premier — and Minister of Public Safety and Solicitor General — Mike Farnworth replied “the work on that oversight is very much part and parcel of phase 2.” No such second phase has currently been agreed upon by the B.C. government and Farnworth’s subsequent responses showed a clear misunderstanding of the role of the BCCOS and the appointments they hold under the Police Act.

This is far too serious an issue to be left in the shadows of ambiguity.

A new model

It is essential that Bill 17 defines the BCCOS as a “police service” within Section 1.1 of the newly proposed police reform law. Bringing the BCCOS within police reform law would help keep environmental policing services in line with the oversight and accountability requirements expected of all police forces under the Police Act.

By historical design and modern operational practice, BCCOS officers are full police officers under provincial law acting on behalf of a body which is not technically a police service. This creates a confusing situation where an armed officer who looks like a police officer, and is acting like a police officer, is then not a police officer if something goes wrong.

This is a problem with a straightforward legislative answer: repeal Section 106 of the Environmental Management Act and designate the BCCOS as a police service in Bill 17.

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Environmental policing stands at the forefront of wildlife protection, climate change and the intersection of urban expansion and broad social tensions.

The public, the courts, elected officials and individual police officers need unquestionable clarity on the appointments they carry and their authorities to exercise them.

Designating The BCCOS as a police service would provide much needed clarity and realign B.C.’s environmental policing services with modern expectations.

The job officers perform is critical to the conservation and preservation of our environment. Bill 17 should not ignore the BCCOS. Läs mer…