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B.C. father who arranged beating of Grade 9 student ordered to pay $479,000 – CBC.ca

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More than a decade after a grown man orchestrated the savage beating of a 14-year-old boy as revenge for a “high-school spat” with his son, a B.C. judge has awarded the victim nearly $500,000.

The attack and the criminal case that followed — in which the man was convicted of assault and sentenced to six months in jail — have never been reported.

But the details are spelled out in a B.C. Supreme Court judgment last week that followed years of legal wrangling.

According to Justice Paul Walker’s decision, the then-45-year-old man — known by the initials MT — followed the victim, RS, off the grounds of his Delta high school one afternoon in April 2009. 

MT was in a truck. One son was in the front seat and two adult males were in the back, holding metal batons.

In the days before, RS had punched MT’s younger son in the face after the other boy claimed he had kissed RS’s girlfriend and the two had traded insults.

Now, seeing the teen, MT brought his truck to a screeching halt.

“[MT] turned his head to the backseat and said something like ‘Go get ’em,’ ” the ruling says.

“The two males caught up to RS, who had tripped and fallen, and they began to strike RS with the baton and their fists.”

‘Are we all even now?’

The judgment says staff at the high school “freaked out” at the time. 

MT was charged with assault causing bodily harm for directing the attack on RS and for head-butting a bystander who appeared ready to intervene. 

A publication ban on the criminal case prevents the naming of any of the young people, although the Supreme Court ruling names both the victim and the attacker.

The attack followed a ‘high school spat’ between the victim and the son of the man who orchestrated the beating. The man followed the victim out of school and arranged to have him beaten. (Evan Mitsui/CBC)

The most recent court ruling claims that as the beating began, MT told the two men wielding the batons to let his older son “get in there.”

“He uttered words of encouragement,” the judgment says. “And he also said, ‘This is what you get,’ obviously directed at RS.”

At the end of the attack, MT walked over to RS and put his arm around the Grade 9 student’s shoulder, asking, “Are we all even now?”

RS angrily said, “No,” the judgment says.

Courtroom confrontation

Those events would be replayed in a courtroom in recent months as MT — who represented himself — had a chance to cross-examine RS.

RS’s mother launched the suit seeking damages from MT on her son’s behalf while RS was still a youth. Now 26, RS claims that the psychological and physical scars from the attack continue to follow him.

A B.C. Supreme Court judge has awarded the victim $479,000 for damages he sustained as a result of a severe beating when he was 14. (David Horemans/CBC)

He claims he is anxious and hyper-vigilant, and that he suffers from migraines. He has worked in construction but believes that had it not been for the attack, he could have pursued a career in carpentry, like his grandfather.

Walker noted that RS “was clearly distressed in having to face questions directly from” MT. The ruling recounts in detail the uncomfortable confrontation that followed. 

MT tried to suggest that instead of asking whether he and RS were “even” following the attack, he had asked RS if he was “OK.”

“Is it possible?” MT asked.

“No,” RS responded.

RS continued: “And if you did — which — that was not what I recall, it was in an extremely belittling manner. You were trying to assert dominance is what I felt, over a 14-year-old boy.”

“Can you tell me exactly why you believe that?” MT asked.

“Yeah, your demeanour and the fact that you had [brought] you know, assailants to beat me with batons at my school, a place where I’m supposed to feel safe.”

‘Outrageous conduct’

MT didn’t deny that RS suffered a concussion, black eyes and a fractured nose.

But he argued that those injuries weren’t the cause of RS’s ongoing problems. At an earlier point, MT also attempted to argue that because he never touched RS himself, he couldn’t be held liable for battery.

But Walker said he accepted RS’s evidence that the attack was “etched in his memory.”

“His psychological symptoms are akin to PTSD,” the ruling says. “His physical and psychological injuries have affected all aspects of his life.”

The judge ordered MT to pay RS more than $479,000 for the injuries he suffered, including damages for loss of past earning capacity and future earning capacity, as well as general damages and the cost of future care. 

The award also included $35,000 in aggravated damages “to reflect the natural indignation of right-thinking people for [MT’s] senseless and outrageous conduct.”

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Eby wants all-party probe into B.C. vote count errors as election boss blames weather

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Premier David Eby is proposing an all-party committee investigate mistakes made during the British Columbia election vote tally, including an uncounted ballot box and unreported votes in three-quarters of the province’s 93 ridings.

The proposal comes after B.C.’s chief electoral officer blamed extreme weather, long working hours and a new voting system for human errors behind the mistakes in last month’s count, though none were large enough to change the initial results.

Anton Boegman says the agency is already investigating the mistakes to “identify key lessons learned” to improve training, change processes or make recommendations for legislative change.

He says the uncounted ballot box containing about 861 votes in Prince George-Mackenzie was never lost, and was always securely in the custody of election officials.

Boegman says a failure in five districts to properly report a small number of out-of-district votes, meanwhile, rippled through to the counts in 69 ridings.

Eby says the NDP will propose that a committee examine the systems used and steps taken by Elections BC, then recommend improvements in future elections.

“I look forward to working with all MLAs to uphold our shared commitment to free and fair elections, the foundation of our democracy,” he said in a statement Tuesday, after a news conference by Boegman.

Boegman said if an independent review does occur, “Elections BC will, of course, fully participate in that process.”

He said the mistakes came to light when a “discrepancy” of 14 votes was noticed in the riding of Surrey-Guildford, spurring a review that increased the number of unreported votes there to 28.

Surrey-Guildford was the closest race in the election and the NDP victory there gave Eby a one-seat majority. The discovery reduced the NDP’s victory margin from 27 to 21, pending the outcome of a judicial review that was previously triggered because the race was so close.

The mistakes in Surrey-Guildford resulted in a provincewide audit that found the other errors, Boegman said.

“These mistakes were a result of human error. Our elections rely on the work of over 17,000 election officials from communities across the province,” he said.

“Election officials were working 14 hours or more on voting days and on final voting day in particular faced extremely challenging weather conditions in many parts of the province.

“These conditions likely contributed to these mistakes,” he said.

B.C.’s “vote anywhere” model also played a role in the errors, said Boegman, who said he had issued an order to correct the results in the affected ridings.

Boegman said the uncounted Prince George-Mackenzie ballot box was used on the first day of advance voting. Election officials later discovered a vote hadn’t been tabulated, so they retabulated the ballots but mistakenly omitted the box of first-day votes, only including ballots from the second day.

Boegman said the issues discovered in the provincewide audit will be “fully documented” in his report to the legislature on the provincial election, the first held using electronic tabulators.

He said he was confident election officials found all “anomalies.”

B.C. Conservative Party Leader John Rustad had said on Monday that the errors were “an unprecedented failure by the very institution responsible for ensuring the fairness and accuracy of our elections.”

Rustad said he was not disputing the outcomes as judicial recounts continue, but said “it’s clear that mistakes like these severely undermine public trust in our electoral process.”

Rustad called for an “independent review” to make sure the errors never happen again.

Boegman, who said the election required fewer than half the number of workers under the old paper-based system, said results for the election would be returned in 90 of the province’s 93 ridings on Tuesday.

Full judicial recounts will be held in Surrey-Guildford and Kelowna-Centre, while a partial recount of the uncounted box will take place in Prince George-Mackenzie.

Boegman said out-of-district voting had been a part of B.C.’s elections for many decades, and explained how thousands of voters utilized the province’s vote-by-phone system, calling it a “very secure model” for people with disabilities.

“I think this is a unique and very important part of our elections, providing accessibility to British Columbians,” he said. “They have unparalleled access to the ballot box that is not found in other jurisdictions in Canada.”

This report by The Canadian Press was first published Nov. 5, 2024.



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Memorial set for Sunday in Winnipeg for judge, senator, TRC chair Murray Sinclair

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WINNIPEG – A public memorial honouring former judge, senator and chair of the Truth and Reconciliation Commission into residential schools, Murray Sinclair, is set to take place in Winnipeg on Sunday.

The event, which is being organized by the federal and Manitoba governments, will be at Canada Life Centre, home of the NHL’s Winnipeg Jets.

Sinclair died Monday in a Winnipeg hospital at the age of 73.

A teepee and a sacred fire were set up outside the Manitoba legislature for people to pay their respects hours after news of his death became public. The province has said it will remain open to the public until Sinclair’s funeral.

Sinclair’s family continues to invite people to visit the sacred fire and offer tobacco.

The family thanked the public for sharing words of love and support as tributes poured in this week.

“The significance of Mazina Giizhik’s (the One Who Speaks of Pictures in the Sky) impact and reach cannot be overstated,” the family said in a statement on Tuesday, noting Sinclair’s traditional Anishinaabe name.

“He touched many lives and impacted thousands of people.”

They encourage the public to celebrate his life and journey home.

A visitation for extended family, friends and community is also scheduled to take place Wednesday morning.

Leaders from across Canada shared their memories of Sinclair.

Premier Wab Kinew called Sinclair one of the key architects of the era of reconciliation.

Prime Minister Justin Trudeau said Sinclair was a teacher, a guide and a friend who helped the country navigate tough realities.

Sinclair was the first Indigenous judge in Manitoba — the second in Canada.

He served as co-chair of the Aboriginal Justice Inquiry of Manitoba to examine whether the justice system was failing Indigenous people after the murder of Helen Betty Osborne and the police shooting death of First Nations leader J.J. Harper.

In leading the Truth and Reconciliation Commission, he participated in hundreds of hearings across Canada and heard testimony from thousands of residential school survivors.

The commissioners released their widely influential final report in 2015, which described what took place at the institutions as cultural genocide and included 94 calls to action.

This report by The Canadian Press was first published Nov. 5, 2024.

The Canadian Press. All rights reserved.



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House of Commons committee looks to recall Tom Clark about New York City condo

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OTTAWA – Members of Parliament studying the federal government’s decision to buy a $9-million luxury condo in Manhattan are preparing to recall Canada’s consul general in New York to answer more questions about his involvement in the purchase.

The Conservatives put forward a motion on Tuesday to have Tom Clark return to the House operations committee. The move was supported by other opposition parties after new information emerged that contradicted his previous testimony.

Clark told the committee in September he had no role whatsoever in the purchase of the new condo, or the sale of the previous residence.

But reporting from Politico on Tuesday indicated Clark raised concerns about the old unit two months after he was appointed to his role as Canada’s representative in New York.

Politico cited documents obtained through access-to-information, which were then shared with other media by the Conservative party.

A May 2023 report from Global Affairs Canada indicates Clark informed government officials the residence needed to be replaced.

“The current (consul general in New York, head of mission) expressed concerns regarding the completion of the … kitchen and refurbishment project and indicated the unit was not suitable to be the (consul general’s) accommodations,” the report reads.

“It does not have an ideal floor plan for (consul general in New York) representational activities.”

The final call on whether Clark will face further questions has not been made, however, because the committee adjourned before the motion went to a vote. The committee’s next meeting is next week.

Tuesday’s meeting featured Foreign Affairs Minister Mélanie Joly as a witness, and she faced questions about Clark’s involvement in the purchase.

“This was not a political decision because this was an operational decision,” Joly told the committee in a testy exchange with Conservative MP Michael Barrett.

“(The committee) had numerous people, officials of mine, that came to see you and said that. So, these are the facts.”

Joly later told the committee she only learned of the decision to purchase a new residence through media reports, even though her chief of staff was notified weeks earlier.

“The department informed my chief of staff once the decision was taken. Because, of course, it was not a political decision,” Joly said.

Shortly before Joly was excused, Conservative MP Stephanie Kusie put forward the motion to recall Clark for two more hours to answer more questions.

Bloc MP Julie Vignola proposed instead to have him testify for only one hour — indicating she would support the motion with that change.

“One hour is more than enough to know whether he lied to us,” Vignola told her colleagues in French.

NDP MP Taylor Bachrach also said he would support the move, given the contrast between the new report and Clark’s testimony about whether he spoke to anyone about a desire to move into a new residence.

“What really irks me is the consul general was so clear in response to repeated questioning at committee,” Bachrach said.

“Mr. Clark said, ‘Never.’ One-word answer, ‘Never.’ You can’t get more unequivocal than that.”

The Liberal government has argued that buying the new residence will save Canadians taxpayers millions of dollars and reduce ongoing maintenance costs and property taxes while supporting future program needs for the consul general.

The former official residence is listed for sale at $13 million, but has yet to be sold.

In her remarks Tuesday, Joly told the committee other like-minded countries have paid more for their Manhattan residences than Canada has — including $11 million for the U.K., and France’s $19 million purchase in 2015.

Joly said among the countries that have residences in New York, only Afghanistan and Bangladesh were not located in Manhattan.

This report by The Canadian Press was first published Nov. 5, 2024.

The Canadian Press. All rights reserved.



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