VANCOUVER — A former Canadian Football League wide receiver who viciously beat his ex-girlfriend, choked her to death, then staged the scene to make it look like an accident, should be sentenced to life in prison without a chance of parole for at least 15 years, a Crown prosecutor says.
Brendan McCabe told B.C. Supreme Court that Joshua Boden tossed pills around Kimberly Hallgarth’s body, put some in her mouth and then stuffed it with socks as she lay dying at the bottom of the stairs at her home in Burnaby.
“We don’t even know how Ms. Hallgarth ended up at the bottom of the stairs,” McCabe said at the sentencing hearing Thursday.
GRAPHIC WARNING: The following details may be disturbing for some readers.
McCabe said Boden stomped on the woman’s neck and chest while she was unconscious, tore out her fingernails, moved her body and wiped it with a towel before removing two garbage bags, which he suggested contained items related to the crime.
He called the murder “blunt, brutal and horrific” and said photos of the injuries endured by a vulnerable woman were the most shocking he’d seen in his career and had been inflicted by a “large, powerful man” who has not shown remorse.
Boden, 35, was found guilty last fall of second-degree murder in the 2009 death of 33-year-old Hallgarth in the home the court heard was a sanctuary she shared with her three-year-old daughter.
Boden walked into court Thursday dressed in a dark suit and stared directly at Hallgarth’s family in the gallery before taking a seat in the prisoner’s box, where he flipped through some documents.
McCabe said Hallgarth sent photos of her injuries from a previous assault and damage to her car to then Lions coach Wally Buono, and Boden blamed her for ending his football career.
He said that while Boden maintains the racism he experienced as a Black person growing up in North Vancouver should be considered as a contributing factor at sentencing, there was no link to the crime.
McCabe presented a report from a psychologist showing Boden said he and his brother were the only two Black students at their school but that he was popular among his friends.
This would be the second time race and culture have been cited as factors at a sentencing hearing in British Columbia, he said. The judge in the first case did not accept it, he added.
A second-degree murder conviction carries a life sentence of 25 years but parole eligibility can be set starting at 10 years.
Kevin Westell, Boden’s defence lawyer, asked that he serve 12 years before being eligible.
Boden’s experience of systemic racism, poor role modelling from his parents, sexual abuse by an older woman, along with his ADHD and dyslexia put him at a disadvantage, Westell said.
“There’s not a direct link, but there’s an indirect link,” he said of the murder. “It’s not meant to excuse or condone the offence that was committed.”
While McCabe said Boden had been “pimping out” the mother of his two sons since she was 16, Westell said the woman had said in a statement that sex work was her choice. Westell said Boden also did sex work for income.
He was described by his children’s mother as a “good father”, Westell said, and his current girlfriend and brother would support him whenever he is released from prison.
Hallgarth’s family has described her as a bubbly and caring person who deeply loved being a mother to her daughter Hailey.
Vida Miller, Hallgarth’s former mother-in-law, told the court in a victim impact statement that she is caring for her granddaughter outside of B.C., and that the now teenager’s life has forever been impacted by the torture her mother endured before she died.
She said Hailey returned home with her nanny the day her mother was killed but the woman could not open the door because Hallgarth’s body was blocking it.
The discovery of Hallgarth’s body had the nanny “screaming and crying in terror,” Miller told court over video link.
“Knock on the door, Nanna, knock on the door,” is what the little girl insisted at the time, she said, adding Hailey still can’t sleep without the lights on.
Hailey told court she would do anything just to have a conversation with her mother.
“He took the world from me,” she said via video link. “He took a piece of my life that I can never get back.”
Justice Arne Silverman told them both that their words were important for the public to know.
“I promise you that I’ll keep in mind what you read to me,” he said. “l’ll never forget it.”
Boden played for the B.C. Lions in 2007 but was released by the team in 2008 and signed with the Hamilton Tiger-Cats, although he never played a regular-season game with that team before he was cut.
He waived his right to address the court on Thursday and has maintained his innocence.
The sentencing hearing is set to resume on June 24, when Silverman is expected to announce his decision on parole eligibility.
This report by The Canadian Press was first published June 16, 2021.
Camille Bains, The Canadian Press
Note to readers: This is a corrected story. An earlier version said the Crown asked for 12 to 15 years for parole eligibility.
Sports leaders top list of new Order of Canada appointees – CBC News
Canadian sports icons including Stacey Allaster, Donovan Bailey and Angela James are among the 85 new appointees to the Order of Canada this year.
This year’s list of appointees also includes Canada’s first Indigenous female MP, the first MP for Nunavut, and a number of contributors to the arts, including Emmy nominated actress Sandra Oh.
Considered one of Canada’s highest civilian honours, the Order of Canada is meant to recognize people who make “extraordinary contributions to the nation,” according to the Governor General of Canada website.
Allaster was named as a companion, the highest of the honour’s three levels, which also include the level of officer and member. There can be no more than 165 living companions at any time.
Born in Windsor, Ont., and raised in Welland, Ont., Allaster was an executive with the Women’s Tennis Association from 2006 to 2015, first serving as president before being promoted to chair and CEO in 2009.
During her tenure, she was instrumental in securing equal prize money for women at six WTA tournaments and all four Grand Slams. She also played a key role in streamlining the WTA calendar and securing a landmark international media agreement. In 2020, she was named as the first female tournament director of the U.S. open.
Allaster said she’s grateful for her time playing tennis in Canada and getting her first opportunity to work in the sport with Tennis Canada. “It’s very difficult to put into words how fortunate I am and now to be recognized by my country for everything that it’s giving to me is very humbling,” she said.
Allaster also said “it’s a dream come true” to see Canada develop some top tennis talent in the world throughout her career, including Bianca Andreescu and Leylah Fernandez.
Former Olympic and world champion sprinter Donovan Bailey will be invested as an officer of the order. The former world record holder won Olympic gold in 1996 in the men’s 100-metre race and in the men’s 4×100-metre relay.
“It’s incredible,” Bailey said of the appointment to the order. “I’m very blessed, I’m extremely humbled to have shared incredible moments with Canadians.”
Bailey said being invested with the Order of Canada is an official recognition of what he has been hearing from fans for the past few decades.
“Getting the officer of the Order of Canada is a tremendous honour, but I’m telling you that I’ve been validated for 27 years; I’ve been validated every single day by the incredible fans,” he said.
Angela James is a pioneer in women’s hockey, first as a player and now as the general manager and part-owner of the Toronto Six women’s pro hockey team.
The winner of four world championships, including the first in 1990 where she scored 11 goals in five games and was a tournament all-star, she said being invested in the order encapsulates all her achievements on and off the ice.
“I think it encompasses everything that I’ve pretty much done in my life, and to think that my life matters to Canadians is pretty special,” she said.
A star on the Canadian team before women’s hockey became an Olympic sport, James was one of the first two women inducted into the Hockey Hall of Fame in 2010 and said she hopes to continue to see women’s hockey grow.
“As long as we get together and work together as one then I think there is no stopping the women’s game,” she said.
Among the appointees to the order are a number of Indigenous leaders, including Canada’s first Indigenous woman elected as a member of Parliament.
Ethel Blondin-Andrew was first elected as the MP for the Northwest Territories in 1988, and would go on to become the minister of state for northern development in the cabinet of past prime minister Paul Martin.
She has continued to be an advocate for Indigenous women in politics, and recently took part in a United Nations panel in Geneva to discuss that topic.
Joining Blondin-Andrew in the order is former Nunavut MP Nancy Karetak-Lindell.
Karetak-Lindell was first elected as the MP for Nunavut in 1997, and became the territory’s first MP after it was recognized 1999.
“I’ve tried very hard to be the voice for people who might not have had a chance,” Karetak-Lindell said.
After stepping away from federal politics in 2008, she would later become the president of the Inuit Circumpolar Council in 2016, serving for a two-year term.
Although she said she feels honoured to receive the Order of Canada, she said “the biggest reward will always be in that maybe I made someone look to the future with more hope.”
Blondin-Andrew will be invested as an officer of the order, while Karetak-Lindell is being invested as a member.
Other Indigenous leaders among the appointees include Elders David and Imelda Perley of New Brunswick for contributions to education around Wabanaki culture.
Elders Reg and Rosemary Crowshoe of Alberta are similarly being recognized for their preservation of Blackfoot culture.
Contributors to the arts
A number of Canada’s top contributors to the arts have also been appointed to the order, including actress Sandra Oh, who will be invested as an officer.
The Emmy Award nominated actress is best known for the hit TV series including Killing Eve and Grey’s Anatomy. She has also lent her talents to the big screen in movies such as Turning Red and Under the Tuscan Sun.
Donald Mowat is also being recognized for his contributions to the big screen, having been the head of makeup and design on such films as The Fighter, 8 Mile, Sicario, Nightcrawler, Prisoners, Nocturnal Animals, Stronger, Blade Runner 2049.
Mowat was recently nominated for the Oscar for best makeup and hairstyle for Denis Villeneuve’s Dune.
On the music front, founder of the independent record label Attic Records Alexander Mair is being appointed as a member of the order.
Attic represented a number of Canadian artists and groups including Anvil, Irish Rovers, Triumph and Teenage Head.
The Order of Canada
Gov. Gen. Mary Simon has appointed the following people, who were recommended for appointment by the Advisory Council of the Order of Canada:
Companions of the Order of Canada
- Stacey Allaster.
- Frank Hayden (This is a promotion within the order).
- Peter Russell (This is a promotion within the order).
- Donald Savoie (This is a promotion within the order).
Officers of the Order of Canada
- Naomi Azrieli.
- Donovan Bailey.
- The Honourable Ethel Blondin-Andrew.
- Robert Davidson (This is a promotion within the order).
- Paul Dubord.
- Donald Enarson (deceased).
- François Girard.
- Ian Hodkinson.
- Angela James.
- David Lynch.
- Sandra Oh.
- Alberto Pérez-Gómez.
- David Waltner-Toews.
Members of the Order of Canada
- Frances Abele.
- Ajay Agrawal.
- Louis-Philippe Albert.
- R. Jamie Anderson.
- Suzanne Aubry.
- Hereditary Chief Stephen Augustine.
- Granger Avery.
- Michel Beaulac.
- André Blanchet.
- Marilyn Bodogh.
- Jacques Bourgault.
- Bernard Brault.
- Marilyn Brooks.
- Marion Buller.
- James Byrnes.
- Geneviève Cadieux.
- James Cassels.
- Euclide Chiasson.
- William Clark.
- Zane Cohen.
- Ethel Côté.
- Elder Reg Crowshoe.
- Elder Rosemary Crowshoe.
- Sheldon Currie.
- Reginald Davidson.
- Dorothy Dobbie.
- Eliahu Fathi.
- Madeleine Féquière.
- Staff Sgt. Gary Goulet, (Retired).
- Michael Harris.
- Paul Heinbecker.
- Deborra Hope.
- Sister Margaret Hughes.
- Moira Hutchinson.
- Gérard Jean.
- Adam Kahane.
- Nancy Karetak-Lindell.
- Eva-Marie Kröller.
- Gary Levy.
- Alexander Mair.
- Guy Matte.
- Milton McClaren.
- Roderick McKay.
- Ben Mink.
- Donald Mowat.
- Robert Munro.
- Sister Bernadette Mary O’Reilly.
- Donna Ouchterlony.
- Fred Pellerin.
- Elder David Perley.
- Elder Imelda Perley.
- G. Ross Peters.
- Sandra Pitblado.
- Guy Pratte.
- Parminder Raina.
- Joel Reitman.
- David Rush.
- The Honourable Anne Russell.
- Suzanne Sauvage.
- Martin Schechter.
- Jacques Shore.
- Ronald Tremblay.
- Guylaine Tremblay.
- Michelle Valberg.
- Germaine Warkentin.
- James West.
- Michael West.
- Margie Wolfe.
- Lorraine M. Wright.
- Robert Wyatt.
- Jan Zwicky.
Canada travel restrictions: Entry rules to remain until at least Sept. 30 – CTV News
The federal government announced Wednesday all existing border restrictions to enter Canada will remain in place until at least Sept. 30.
That means foreign travellers will still need to provide proof of being fully vaccinated to enter the country and unvaccinated Canadians or permanent residents will need to provide a molecular COVID-19 test taken prior to entering and quarantine for 14 days upon arrival.
The government is also still requiring all travellers, regardless of citizenship, to upload their vaccine information and travel documents to the ArriveCan app.
The restrictions were last extended on May 31.
The announcement by the Public Health Agency of Canada (PHAC) indicates a prolonged pause of random testing at all airports until mid-July for the fully vaccinated.
That pause was implemented on June 11 as Ottawa’s attempt to mitigate congestion and delays at airports caused by heightened travel demand and staffing shortages.
Their stated intention is to move COVID-19 testing for air travellers outside of airports to “select test provider stores” such as pharmacies or by virtual appointment.
“Moving testing outside of airports will allow Canada to adjust to increased traveller volumes while still being able to monitor and quickly respond to new variants of concern, or changes to the epidemiological situation,” the PHAC statement reads.
On June 11, the government also announced it was dropping the vaccine mandate for domestic and outbound international travellers effective June 20.
Many industry organizations and opposition MPs have long called on the government to drop various border measures, namely duplicative processes that slow down travel, arguing they have the potential to stifle Canada’s already depleted tourism sector.
In response, Canada’s ministers of health and tourism continue to reinforce that while the epidemiological situation in Canada has improved, the pandemic still exists.
“As we move into the next phase of our COVID-19 response, it is important to remember that the pandemic is not over. We must continue to do all that we can to keep ourselves and others safe from the virus,” Health Minister Jean-Yves Duclos said in the Wednesday statement.
He added that Canada’s border measures remain “flexible” and “guided by science and prudence.”
Air Canada to make 'meaningful reductions' to summer flight schedule – CBC News
Air Canada will cut dozens of daily flights this summer as the airline grapples with a series of challenges amid soaring demand for travel.
“Regrettably, things are not business as usual in our industry globally, and this is affecting our operations and our ability to serve you with our normal standards of care,” Michael Rousseau, the airline’s president and CEO, said in a statement released Wednesday.
“The COVID‑19 pandemic brought the world air transport system to a halt in early 2020. Now, after more than two years, global travel is resurgent, and people are returning to flying at a rate never seen in our industry.”
Rousseau said those factors are causing “unprecedented and unforeseen strains on all aspects of the global aviation system,” leading to flight delays and crowded airport spaces.
And it’s also spurring the airline to make “meaningful reductions” to its summer schedule “in order to reduce passenger volumes and flows to a level we believe the air transport system can accommodate,” he said.
Dozens of fewer round trips each day
Peter Fitzpatrick, an airline spokesperson, told CBC News that the changes would see Air Canada reduce its schedule by 77 round trips — or 154 flights — on average, each day during the months of July and August.
Prior to these reductions, the airline was operating about 1,000 flights per day.
“Three routes will be temporarily suspended between Montreal and Pittsburgh, Baltimore and Kelowna and one from Toronto to Fort McMurray,” Fitzpatrick said.
Fitzpatrick said “most” flights affected by the changes are out of its Toronto and Montreal hubs.
“These will be mostly frequency reductions, affecting primarily evening and late-night flights by smaller aircraft, on transborder and domestic routes,” he said.
But he said “international flights are unaffected, with a few timing changes to reduce flying at peak times and even out the customer flow.”
‘Not an easy decision’
Rousseau, the airline president, said Air Canada did what it could to prepare for these challenges, but it has to adjust its operations to the current circumstances.
“This was not an easy decision, as it will result in additional flight cancellations that will have a negative impact on some customers,” Rousseau said.
“But doing this in advance allows affected customers to take time to make other arrangements in an orderly manner, rather than have their travel disrupted shortly before or during their journey, with few alternatives available.”
Rousseau offered his “sincere apologies” to customers for any delays they have faced or will face.
“I also assure you that we very clearly see the challenges at hand, that we are taking action, and that we are confident we have the strategy to address them,” he said. “This is our company’s chief focus at every level.”
A majority of domestic flights have been delayed at some of the country’s busiest airports in recent days, according to the analytics firm Data Wazo.
Data Wazo says 54 per cent of flights to six large airports — Montreal, Calgary, Toronto’s Pearson and Billy Bishop airports, Ottawa and Halifax — were bumped off schedule in the seven days between June 22 and 28.
Some 38 per cent of the flights were delayed while 16 per cent were scrapped altogether.
Airlines and the federal government have been scrambling to respond to scenes of endless lines, flight disruptions and daily turmoil at airports — particularly at Pearson — a problem the aviation industry has blamed on a shortage of federal security and customs officers.
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