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Convoy organizers try to quash $300-million lawsuit

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The people facing a $300-million class-action lawsuit for organizing the 2022 convoy protests in Ottawa are attempting to have the case quashed altogether, or moved out of Canada’s capital.

Lawyers representing convoy organizers Tamara Lich, Chris Barber and 10 other parties are preparing to argue the lawsuit should be dismissed because the legal action against them unduly limits their freedom of expression in a matter of public interest.

The lawyer representing Pat King, another convoy organizer, in the proceedings is intending on supporting the motion to have the case tossed.

Known as an anti-Slapp motion, the matter is expected to be debated during a court hearing in October.

“What happened in Ottawa was a matter of expression, we had a lot of people who were obviously very upset with what was going on in 2022 and they were taking to the streets expressing themselves,” said James Manson, the lawyer representing Lich, Barber and the others.

“The lawsuit that was launched against my clients and everybody else does relate to expression, and it does relate to a matter of public interest of course, it was the COVID vaccine mandates and all of the government response to COVID,” he said.

Another motion will be argued after that: Lawyers representing other defendants, most of whom were heavily involved in managing and collecting donations during the convoy, say the court case should be moved out of Ottawa.

It’s not yet clear if they will support the other defendants’ effort to have the matter thrown out altogether.

The U.S.-based GiveSendGo, an online platform used to collect more than $12 million during the protests, its founder Jacob Wells and others who managed donations argue a fair trial can’t be had in Ottawa.

Their argument focuses on whether the number of Ottawa residents who may be included in the lawsuit or be potential witnesses in it is too many to hold a fair trial in the capital city.

They intend on proposing the matter should be moved to Toronto and heard by a Superior Court of Justice there.

Paul Champ, the lawyer behind the proposed class-action suit, said he doubted either of the motions would be successful.

“The defendants, for whatever reasons, still don’t seem to be taking it seriously,” he said. “They’re trying to do everything they can to slow it down.”

Paul Champ says he remains committed to getting ‘compensation for the people of Ottawa for all they suffered.’ (Jacques Poitras/CBC)

‘Not interested in creating delay’

Manson denies that’s the case.

“There is a huge backlog in our court system and I would never do anything to increase that backlog — I am not interested in creating delay for the sake of creating delay,” he said, adding his duty to his clients is to ensure justice is done and if his motion is successful, the case would likely be tossed.

The manoeuvres by the defendants delayed the process of the court deciding whether the class-action lawsuit will be certified and move forward.

Champ successfully defeated a proposed motion from the defendants earlier this year to have the matter dismissed altogether.

He said the named plaintiffs on the lawsuit, including downtown Ottawa resident Zexi Li and Happy Goat Coffee Co., continue to push the case forward.

In March, Champ added new defendants and expanded the geographic border to include more plaintiffs.

Around 15,000 people are estimated to now be included in the action against the group facing the lawsuit.

“We continue to be very committed to getting proper accountability for what happened here in Ottawa and as much as possible getting compensation for the people of Ottawa for all they suffered during the three weeks,” he said.

Most of the $25 million raised during the convoy protests was either returned to donors or put into an escrow account that is being managed until the civil proceedings determine where the money should go.

Approximately $18 million was refunded to donors. Most of the $6.3 million sitting in escrow came from online fundraising led by Lich or cryptocurrency donations.

The Public Order Emergency Commission, the public inquiry tasked with looking into the federal government’s use of the Emergencies Act during the protests, found only about $1 million was spent by convoy organizers.

Criminal trials to come

Lich and Barber are scheduled for trial in September on criminal charges related to the protests that gridlocked downtown Ottawa for several weeks during the winter of 2022.

The pair are co-accused of mischief, obstructing police, and counselling others to commit mischief and intimidation.

King’s trial is scheduled for November and he is charged with mischief, counselling to commit mischief, counselling to disobey a court order and counselling to obstruct police.

During his bail hearing he was charged with perjury and obstruction of justice and held in jail for five months before being released on bail. He’s also requesting his criminal trial be moved out of Ottawa, saying he feels an Ottawa judge and jury would be too biased to offer a fair hearing.

 

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Whitehead becomes 1st CHL player to verbally commit to playing NCAA hockey

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Braxton Whitehead said Friday he has verbally committed to Arizona State, making him the first member of a Canadian Hockey League team to attempt to play the sport at the Division I U.S. college level since a lawsuit was filed challenging the NCAA’s longstanding ban on players it deems to be professionals.

Whitehead posted on social media he plans to play for the Sun Devils beginning in the 2025-26 season.

An Arizona State spokesperson said the school could not comment on verbal commitments, citing NCAA rules. A message left with the CHL was not immediately returned.

A class-action lawsuit filed Aug. 13 in U.S. District Court in Buffalo, New York, could change the landscape for players from the CHL’s Western Hockey League, Ontario Hockey League and Quebec Maritimes Junior Hockey League. NCAA bylaws consider them professional leagues and bar players from there from the college ranks.

Online court records show the NCAA has not made any response to the lawsuit since it was filed.

“We’re pleased that Arizona State has made this decision, and we’re hopeful that our case will result in many other Division I programs following suit and the NCAA eliminating its ban on CHL players,” Stephen Lagos, one of the lawyers who launched the lawsuit, told The Associated Press in an email.

The lawsuit was filed on behalf of Riley Masterson, of Fort Erie, Ontario, who lost his college eligibility two years ago when, at 16, he appeared in two exhibition games for the OHL’s Windsor Spitfires. And it lists 10 Division 1 hockey programs, which were selected to show they follow the NCAA’s bylaws in barring current or former CHL players.

CHL players receive a stipend of no more than $600 per month for living expenses, which is not considered as income for tax purposes. College players receive scholarships and now can earn money through endorsements and other use of their name, image and likeness (NIL).

The implications of the lawsuit could be far-reaching. If successful, the case could increase competition for college-age talent between North America’s two top producers of NHL draft-eligible players.

“I think that everyone involved in our coaches association is aware of some of the transformational changes that are occurring in collegiate athletics,” Forrest Karr, executive director of American Hockey Coaches Association and Minnesota-Duluth athletic director said last month. “And we are trying to be proactive and trying to learn what we can about those changes.

Karr was not immediately available for comment on Friday.

Earlier this year, Karr established two committees — one each overseeing men’s and women’s hockey — to respond to various questions on eligibility submitted to the group by the NCAA. The men’s committee was scheduled to go over its responses two weeks ago.

Former Minnesota coach and Central Collegiate Hockey Association commissioner Don Lucia said at the time that the lawsuit provides the opportunity for stakeholders to look at the situation.

“I don’t know if it would be necessarily settled through the courts or changes at the NCAA level, but I think the time is certainly fast approaching where some decisions will be made in the near future of what the eligibility will look like for a player that plays in the CHL and NCAA,” Lucia said.

Whitehead, a 20-year-old forward from Alaska who has developed into a point-a-game player, said he plans to play again this season with the Regina Pats of the Western Hockey League.

“The WHL has given me an incredible opportunity to develop as a player, and I couldn’t be more excited,” Whitehead posted on Instagram.

His addition is the latest boon for Arizona State hockey, a program that has blossomed in the desert far from traditional places like Massachusetts, Minnesota and Michigan since entering Division I in 2015. It has already produced NHL talent, including Seattle goaltender Joey Daccord and Josh Doan, the son of longtime Coyotes captain Shane Doan, who now plays for Utah after that team moved from the Phoenix area to Salt Lake City.

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Calgary Flames sign forward Jakob Pelletier to one-year contract

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CALGARY – The Calgary Flames signed winger Jakob Pelletier to a one-year, two-way contract on Friday.

The contract has an average annual value of US$800,000.

Pelletier, a 23-year-old from Quebec City, split last season with the Flames and American Hockey League’s Calgary Wranglers.

He produced one goal and two assists in 13 games with the Flames.

Calgary drafted the five-foot-nine, 170-pound forward in the first round, 26th overall, of the 2019 NHL draft.

Pelletier has four goals and six assists in 37 career NHL games.

This report by The Canadian Press was first published Sept. 13, 2024.

The Canadian Press. All rights reserved.



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Kingston mayor’s call to close care hub after fatal assault ‘misguided’: legal clinic

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A community legal clinic in Kingston, Ont., is denouncing the mayor’s calls to clear an encampment and close a supervised consumption site in the city following a series of alleged assaults that left two people dead and one seriously injured.

Kingston police said they were called to an encampment near a safe injection site on Thursday morning, where they allege a 47-year-old male suspect wielded an edged or blunt weapon and attacked three people. Police said he was arrested after officers negotiated with him for several hours.

The suspect is now facing two counts of second-degree murder and one count of attempted murder.

In a social media post, Kingston Mayor Bryan Paterson said he was “absolutely horrified” by the situation.

“We need to clear the encampment, close this safe injection site and the (Integrated Care Hub) until we can find a better way to support our most vulnerable residents,” he wrote.

The Kingston Community Legal Clinic called Paterson’s comments “premature and misguided” on Friday, arguing that such moves could lead to a rise in overdoses, fewer shelter beds and more homelessness.

In a phone interview, Paterson said the encampment was built around the Integrated Care Hub and safe injection site about three years ago. He said the encampment has created a “dangerous situation” in the area and has frequently been the site of fires, assaults and other public safety concerns.

“We have to find a way to be able to provide the services that people need, being empathetic and compassionate to those struggling with homelessness and mental health and addictions issues,” said Paterson, noting that the safe injection site and Integrated Care Hub are not operated by the city.

“But we cannot turn a blind eye to the very real public safety issues.”

When asked how encampment residents and people who use the services would be supported if the sites were closed, Paterson said the city would work with community partners to “find the best way forward” and introduce short-term and long-term changes.

Keeping the status quo “would be a terrible failure,” he argued.

John Done, executive director of the Kingston Community Legal Clinic, criticized the mayor’s comments and said many of the people residing in the encampment may be particularly vulnerable to overdoses and death. The safe injection site and Integrated Care Hub saves lives, he said.

Taking away those services, he said, would be “irresponsible.”

Done said the legal clinic represented several residents of the encampment when the City of Kingston made a court application last summer to clear the encampment. The court found such an injunction would be unconstitutional, he said.

Done added there’s “no reason” to attach blame while the investigation into Thursday’s attacks is ongoing. The two people who died have been identified as 38-year-old Taylor Wilkinson and 41-year-old John Hood.

“There isn’t going to be a quick, easy solution for the fact of homelessness, drug addictions in Kingston,” Done said. “So I would ask the mayor to do what he’s trained to do, which is to simply pause until we have more information.”

The concern surrounding the safe injection site in Kingston follows a recent shift in Ontario’s approach to the overdose crisis.

Last month, the province announced that it would close 10 supervised consumption sites because they’re too close to schools and daycares, and prohibit any new ones from opening as it moves to an abstinence-based treatment model.

This report by The Canadian Press was first published Sept. 13, 2024.

The Canadian Press. All rights reserved.



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