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Indigenous genocide finding hangs over Canada's Myanmar court intervention – CTV News

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OTTAWA —
Cries of the pot calling the kettle black are emerging after Canada joined an international genocide lawsuit against Myanmar, because the national inquiry into missing and murdered Indigenous women and girls said Canada’s Indigenous Peoples are genocide victims.

Canada and the Netherlands announced with great fanfare this week that they were joining the genocide application launched by Gambia against Myanmar at the International Court of Justice in The Hague as interveners.

Gambia filed the case last fall on behalf of the 57 Muslim countries in the Organization of Islamic Co-operation under the 1948 Genocide Convention.

More than 850,000 Rohingya Muslims have fled Rakhine state after being targeted by Myanmar security forces, who killed thousands while burning villages and engaging in ethnic cleansing and gang rape.

Foreign Affairs Minister Francois-Philippe Champagne and his Dutch counterpart Stef Blok said their countries were joining the case to assist Gambia with “complex legal issues” in the case.

But Bruno Gelinas-Faucher, a University of Montreal international law expert who has worked at the ICJ, said Canada’s presence could cause delays and complications for the Gambian case because of an international legal axiom known as the “clean-hand” principle.

“There’s a risk for Canada to be perceived as adopting a contradictory position of leading a very active foreign policy based on prevention of genocide abroad, and at home, not responding to fully for the calls for justice made by the (inquiry),” said Gelinas-Faucher.

“I think there is a very important element for Canada not to be seen as putting forth this contradictory position in the world, and to be coherent — have a coherent foreign policy that is in line with its domestic policy as well.”

Gelinas-Faucher said it is likely Myanmar will raise the Canadian genocide finding in legal arguments that would seek to block Canada from gaining standing in the case. He said that could further brake the already slow-moving wheels of the international court and delay the case for as much as a year.

In June 2019, the landmark Canadian report on the victimizing of Indigenous women issued more than 200 recommendations and declared that violence against First Nations, Metis and Inuit women and girls was a form of genocide as that the crisis was “centuries in the making.”

Champagne said in an interview that he’s not concerned about Canada’s position on Indigenous issues at home, and that he is content to let “legal experts debate legal issues.”

“This is not about Canada. This is about genocide committed in Myanmar, and therefore I think Canada has every right to be standing side by side with a country like The Gambia, which is taking the leadership position and being supported by countries like the Netherlands and Canada,” Champagne said.

Another leading international legal expert said Canada has little to worry about, and that it should be joining the case against Myanmar.

Errol Mendes, a University of Ottawa international law specialist who has served as a United Nations adviser, said there is much to distinguish Canada from Myanmar on the question of genocide.

“I hope our many attempts to reconcile with our Indigenous Peoples will set us apart from the type of actions in Myanmar that we have not seen since the Nazi regime, the Rwanda genocide and the Bosnian genocide,” said Mendes.

“We are far from angels, but hopefully we are not in the same league of those that were involved in these genocides.”

Canada also brings a lot of international expertise to the case because it helped create the Rome Statute that established the International Criminal Court, said Mendes.

“We helped develop the Statute of the Court that includes express provisions on gender violence and rape as indicia of genocide,” said Mendes, which he said is relevant in the case against Myanmar at the separate International Court of Justice because of the allegations of sexual violence against its military.

Gelinas-Faucher said Canada’s feminist foreign policy does leave it well-suited to add value to the case against Myanmar. But the government will have to take concrete action to address the domestic genocide allegations contained in last year’s inquiry report.

“It has to show clearly its commitment to implement fully the recommendations and one of the elements is they said they would create a task force to implement these recommendations, which we haven’t seen yet,” he said.

Champagne said Canada is consulting with Gambia and believes its feminist foreign policy has a role to play in the case.

“We’ve seen acts of genocide, systemic murder, sexual violence, torture,” the minister said. “The international community is more seized now than ever with the plight of the Rohingya.”

This report by The Canadian Press was first published Sept. 6, 2020.

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Brian White scores second-half goal, earns Whitecaps 1-1 draw with Dynamo

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HOUSTON (AP) — Brian White scored in the second half to rally the Vancouver Whitecaps to a 1-1 draw with the Houston Dynamo on Wednesday night.

Houston (12-9-8) took a 1-0 lead into halftime after Ezequiel Ponce scored on a penalty kick in the seventh minute of stoppage time. Ponce’s third goal this season came after Amine Bassi drew a foul on Whitecaps midfielder Pedro Vite following a video review. It was Ponce’s sixth career appearance, all starts.

Vancouver (13-8-7) scored the equalizer in the 73rd minute when White, who entered in the 60th, used assists from Fafá Picault and Ryan Gauld to find the net for the 13th time this season. Picault’s assist was his fifth, matching his career high for a single season. Gauld’s assist gives him a career-best 13 on the season.

Yohei Takaoka, who had clean sheets in his last three starts, finished with one save in goal for the Whitecaps.

Steve Clark saved three shots for the Dynamo, who remain one point behind Vancouver in the Western Conference standings.

Houston, which was coming off a 4-1 victory over Real Salt Lake, has allowed just 33 goals this season.

Vancouver — 6-2-2 in its last 10 matches overall — leads the all-time series 10-9-6.

The Whitecaps remain on the road to play the Los Angeles Galaxy on Saturday. The Dynamo travel to play Austin FC on Saturday.

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First career goals by Tom Pearce, Nathan Saliba rally Montreal to 2-2 draw with Revolution

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FOXBOROUGH, Mass. (AP) — Tom Pearce and Nathan Saliba scored in the second half — the first goals of their careers — and CF Montreal rallied for a 2-2 draw with the New England Revolution on Wednesday night.

“In the second half, the guys came out a little more ambitious and above all, more connected,” Montreal head coach Laurent Courtois said. “It was a great second half of resilience and fighting spirit. Nathan and Sam were impressive.

“Impressive in covering the gaps and compensating for the teammates, and the individual defending – yes it’s true, it is a lot of weight on their shoulders, but that’s the job.”

New England (8-16-4) jumped out to a 1-0 lead in the 24th minute on Bobby Wood’s third goal of the season. Teenage defender Peyton Miller notched his first assist in his fourth career start and sixth appearance and Carles Gil picked up his ninth of the season. Peyton, at 16 years, 315 days old, is the eighth youngest player in league history to record his first assist.

The Revolution took a two-goal lead in the 35th minute and held it through halftime when 19-year-old Esmir Bajraktarevic took a pass from Gil and scored his third goal of the season and career in his first full season in the league. It was the 73rd regular-season assist in Gil’s career, tying him with Steve Ralston for the most in club history.

Montreal (7-12-10) pulled within a goal in the 54th minute when Pearce scored off a free kick after defender George Campbell drew a foul on New England’s Mark-Anthony Kaye. It was the first goal for Pearce in his third career start and fourth appearance.

“Playoffs are the goal. Maybe it wasn’t in the best form, but in the end, we are picking up a point,” Pearce said. “We came into this game confident, ready to play our own game. Everyone tries their best, whenever the players are called on, we are always ready, and we are always giving it our best.”

Montreal scored the equalizer in the 68th minute on the first career goal by Saliba, a 20-year-old midfielder. Saliba has made 34 starts and 48 appearances with Montreal in his two seasons in the league. Campbell snagged his second assist of the season and the third of his career.

“It’s an incredible feeling, it’s a goal I’ve been waiting for a long time. I’m extremely happy that I was able to score it and that it can help the team take this important point on the road,” Saliba said. “Pearce’s first goal gave us really good momentum and we kept up the pressure to go for a second goal. We got more solid defensively, and we came back ready after halftime, to push for these 3 points.”

Aljaz Ivacic finished with four saves in goal for the Revolution.

Jonathan Sirois stopped four shots for Montreal.

New England beat Montreal 5-0 on the road on Aug. 24.

New England leads the all-time series 16-13-4. Montreal improves to 5-8-2 on the road against the Revs.

The Revolution travel to take on Charlotte FC on Saturday. Montreal returns home to host the Chicago Fire on Saturday.

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Adolis García’s home run backs Cody Bradford as Rangers beat Blue Jays 2-0

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ARLINGTON, Texas (AP) — Adolis García hit a two-run home run in the sixth inning, Cody Bradford pitched seven strong innings after the worst start of his career, and the Texas Rangers beat the Toronto Blue Jays 2-0 on Wednesday night.

The win kept the defending World Series-champion Rangers alive in the AL West race, trailing first-place Houston by 10 games with 10 to play.

García launched an inside sinker over the left-field wall off Toronto starter Bowden Francis (8-5) after Wyatt Langford singled.

“He swings hard, he swings a lot,” Francis said of García. “I guess the velo was dropping during that time.”

Bradford (6-3) allowed five hits and no walks while striking out six.

The seven shutout innings are the most in a game during his two-year career. He was knocked out of his previous start after allowing career highs in hits (nine), runs (eight) and homers (three) in 3 2/3 innings in a 14-4 loss at Arizona.

“Throughout the week, you’ve got to try and digest what happened, see where I can make adjustments, whether it was just game plan went wrong or just poor execution, or a little bit of both,” Bradford said. “Then you flush it.”

Bradford was perfect through four innings before Alejandro Kirk opened the fifth with a smash back to the mound that caromed off Bradford’s left foot and rolled into right field for a single. It extended Kirk’s hitting streak to a career-high 12 games.

Spencer Horwitz’s double to left-center put runners on second and third with no outs before Bradford retired the next three batters.

Blue Jays manager John Schneider credited Bradford’s “deceptive fastball.”

“When you’re throwing 89, 92, you’ve got to have pretty good deception with that at this level,” Schneider said. “Kept us off balance.”

Kirby Yates pitched a perfect ninth inning for his 31st save in 32 opportunities.

Francis, who took no-hitters into the ninth inning in two of his previous four starts, allowed a double to Marcus Semien, the Rangers’ first hitter of the game. He gave up five hits and one walk in six innings.

Francis has a 1.96 ERA in nine starts with 54 strikeouts and seven walks since being moved back into the starting rotation in late July.

“I don’t even want to get complacent, on cruise control,” Francis said. “Just keep attacking.”

TRAINER’S ROOM

Blue Jays: SS Bo Bichette was a late scratch with a right middle finger contusion suffered during infield practice. Schneider said the team will get back x-rays on Thursday. Bichette was activated Tuesday following a calf injury and played for the first time in two months, going 2 for 5 with one RBI at the plate. … INF Will Wagner (left knee inflammation) will have the knee scoped on Thursday. Schneider said Wagner should be ready to start spring training. Wagner, son of former major leaguer Billy Wagner, was acquired from Houston at the trade deadline.

UP NEXT

Rangers rookie RHP Kumar Rocker (0-0, 2.25 ERA) will make his home debut against Blue Jays RHP Kevin Gausman (12-11, 4.02) in the series finale. Rocker allowed one run in four innings at Seattle last Thursday in his major league debut.

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