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Legal expert, Jewish group say Quebec judge should recognize Nazism led to Holocaust

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MONTREAL — Prominent Jewish group B’nai Brith Canada and a legal expert are questioning a Quebec judge’s claim that it is not a widely accepted fact that Nazi ideology led to the murder of Jews.

The link between Nazism and the Holocaust is so well-known that prosecutors don’t need to establish that fact in a courtroom, they say, in response to an unusual drama that played out in a Montreal courtroom last week.

“Any reasonable person would take as an undisputable fact that Nazi ideology led to the Holocaust,” Lisa Dufraimont, a professor at York University’s Osgoode Hall Law School, said in an interview Tuesday. “Entertaining arguments to the contrary is a kind of hairsplitting that goes beyond what is reasonable, it seems to me.”

Dufraimont’s comments were in reaction to the latest developments in a trial involving a Montreal man accused of wilfully promoting hatred against Jews. Gabriel Sohier Chaput, 35, was charged in connection with an article he has admitted to writing that was published in 2017 on the neo-Nazi website Daily Stormer. 

The blog post included racist images and comments about Jews throughout, and the website displayed photos of Hitler and other images associated with Nazism. The accused testified during the trial that the Daily Stormer was a “parody site.”

During the prosecution’s final arguments on Friday, Quebec court Judge Manlio Del Negro admonished the Crown for not submitting evidence, such as expert testimony, that Nazi ideology led to the Holocaust — the genocide of European Jews during the Second World War.

Prosecutor Patrick Lafrenière said he expected that the link between Nazism and the Holocaust would be accepted by the judge as judicial notice — a rule that evidence presented in court is not in dispute.

That link, however, was indeed disputed by Sohier Chaput’s defence lawyer, Hélène Poussard, who told the court that while the Nazis did kill millions of Jews, the Nazis’ murderous antisemitism was not ideological.

Dufraimont said it’s appropriate for judges to take judicial notice of facts that are generally accepted and not debated by reasonable people, as well as facts that easily verifiable.

While the Nazi ideology includes other elements, such as totalitarian government, Dufraimont said it’s widely understood that Nazism is “centrally about racial superiority of Germanic people and racial inferiority of others, especially Jewish people. That’s what the ideology is and I don’t think any reasonable person could really deny that .… It falls into the category of a notorious or well-known fact … that’s not the subject of debate among reasonable persons.”

On Monday, B’nai Brith Canada called for the federal government and provincial governments to ensure that judges have training on the Holocaust and antisemitism.

“Every Canadian should be appalled,” Sam Goldstein, B’nai Brith’s director of legal services, said in a news release. “We don’t expect Holocaust denial and distortion from our courts. The prosecutor does not need to establish that the Holocaust happened. No expert witness is needed. The Jewish community is outraged.”

Dufraimont said the issue of judicial notice has come up in other cases involving allegations of hate speech. In 2005, the Supreme Court of Canada ruled that a judge should have taken judicial notice in a case involving four Ontario men and two youths accused of wilful promotion of hatred toward Roma people during a protest.

The defence argued successfully during the trial that the men had promoted hatred toward “Gypsies” but that the Crown didn’t prove that the term — which is considered derogatory — refers to Roma people.

The Supreme Court disagreed with the trial judge, ruling that the judge should have known “the fact that the Roma people had been persecuted by the Nazis while a Nazi theme was apparent at the demonstration …. As well, the trial judge should have taken judicial notice of dictionary definitions showing that ‘Gypsy’ can refer to ‘Roma.’”

In 1987, the Ontario Court of Appeal found that a trial court judge properly exercised his “discretion in refusing to take judicial notice of the existence of the Holocaust” during Holocaust denier Ernst Zündel’s first trial for spreading false news.

During a second trial in 1988 on the same charge, the judge did take judicial notice of “the mass murder and extermination of Jews in Europe by the Nazi regime during the Second World War” though not of specific details of the Holocaust. The Supreme Court ultimately ruled that the section of the Criminal Code under which Zündel was charged was unconstitutional.

Dufraimont said that one of the reasons that arguments about judicial notice arise in hate speech trials is because the courts want to ensure that everyone accused of a crime has the opportunity to defend themselves, adding that part of that defence, for example, might be questioning the hatefulness of the Nazis.

This report by The Canadian Press was first published July 13, 2022.

 

Jacob Serebrin, The Canadian Press

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With grief lingering, Blue Jackets GM Waddell places focus on hockey in wake of Gaudreau’s death

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BUFFALO, N.Y. (AP) — Hearing the familiar sounds of clacking sticks and pucks banging off the boards and glass while watching Columbus Blue Jackets prospects from the stands of a cold rink on a warm late-summer afternoon was not enough to wash away the lingering residuals of grief for Don Waddell on Saturday.

That, the Blue Jackets’ general manager acknowledged, will take more time than anyone can guess — weeks, months, perhaps an entire season and beyond.

What mattered is how spending the weekend attending the Sabres Prospects Challenge represented a start to what Waddell called among the first steps in refocusing on hockey and the future in the aftermath of the deaths of Columbus star Johnny Gaudreau and his brother, Matthew, who were struck by a suspected drunken driver while riding bicycles on Aug 29.

“We got to play hockey,” Waddell said. “We’re not going to forget about Johnny and his family, the Gaudreau family.”

He then reflected on the speech Johnny Gaudreau’s wife, Meredith, made during the brothers’ funeral on Monday, by urging those in mourning to move forward as she will while focusing on raising their children.

“Everybody knows that Johnny wants them to play hockey,” Waddell said. “And everybody’s rallying around that.”

The resumption of hockey in Columbus began last week, when most Blue Jackets players returned to their facility to be together and lean on each other at the urging of Waddell and team captain Boone Jenner. And it will continue on Thursday, when the team opens training camp, exactly three weeks since the Gaudreaus were killed.

“Tragic. Senseless. But now we got to focus on trying to get our team ready to play hockey this year,” Waddell said. “We all mourn and heal differently, but I think as a team being together like that is going to be critical for them to get moving forward.”

Tragedy is no stranger to Waddell or the Blue Jackets.

Waddell was general manager of the then-Atlanta Thrashers in 2003 when Dany Heatley lost control of his car and struck a wall, with the crash killing passenger and teammate Dan Snyder. In 2021, Blue Jackets goalie Matiss Kivlenieks died during a July Fourth fireworks accident.

Waddell placed the emphasis on himself and coach Dean Evason — both newcomers to Columbus this offseason — to guide the team through what will be an emotional season.

“Now, do I think there’s going to be some dark days? I won’t be surprised,” Waddell said.

Reminders of the Gaudreaus’ deaths remain apparent, and reflected in Buffalo on Friday night. A moment of silence was held in tribute to the brothers before the opening faceoff of a game between the Blue Jackets and Sabres.

Afterward, Columbus prospect Gavin Brindley recalled the times he spent with Johnny Gaudreau in Columbus and as teammates representing the United States at the world hockey championships in the Czech Republic in May.

“He was one of the biggest mentors for me at the world championships,” Brindley said. “I couldn’t tell you how many times we hung out with Meredith, pictures on my phone. It’s just so hard to look back and see that kind of stuff.”

The NHL and NHL Players’ Association are providing the Blue Jackets help in the form of grief counseling, crowd security at vigils and addressing hockey issues, such as potentially altering the league’s salary cap rules to provide Columbus relief from having to reach the NHL minimum payroll because of the void left by Gaudreau’s contract.

“The Blue Jackets, I don’t think anybody’s focused from an organizational standpoint, from a hockey standpoint as to what comes next, because I think everybody’s still in shock,” NHL Commissioner Gary Bettman told The Associated Press last week. “I don’t think anybody’s focused right now other than on the grieving part, which is understandable.”

Much of the burden has fallen to Waddell, who has been in discussions with the NHL and the NHLPA and dealing with outreach programs with the Blue Jackets’ partner OhioHealth, while also overseeing preparations for training camp and gauging his prospects in Buffalo.

There’s also his roster to attend to, which he said has two openings at forward, one involving Justin Danforth, who may miss the start of the season because of a wrist injury. Waddell didn’t have to mention the second opening.

Tiring and emotional as it’s been, Waddell found comfort being in his element, a rink, and looking ahead to the start of training camp.

“The guys are in really good shape. We’ve done a lot of testing already and they’re eager to get going,” Waddell said. “We have a reason to play for. And we’ll make the best of it.”

The Blue Jackets later Sunday signed veteran winger James van Riemsdyk to a one-year contract worth $900,000.

“James van Riemsdyk has been a very consistent, productive player throughout his career,” Waddell said. “Bringing him to Columbus will not only provide depth to our group up front, but also valuable leadership and another veteran presence in our dressing room.”

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AP Hockey Writer Stephen Whyno in New York contributed to this report.

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PSG says defender Nuno Mendes target of racial abuse after a French league game

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PARIS (AP) — Paris Saint-Germain defender Nuno Mendes was the target of abusive and racist comments on social media after a French league game.

The club condemned the abuse and expressed its “full support” Sunday for the Portugal left back, who was targeted following PSG’s 3-1 win against Brest on Saturday.

Mendes, who is Black, shared on his Instagram account a racist message he received.

During the match, Mendes brought down Ludovic Ajorque in the box for a penalty that Romain Del Castillo converted to give Brest the lead.

“Paris Saint-Germain doesn’t tolerate racism, antisemitism or any other form of discrimination,” the club said. “The racial insults directed at Nuno Mendes are totally unacceptable … we are working with the relevant authorities and associations to ensure those responsible are held accountable for their actions.”

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Slovenia’s Tadej Pogacar wins Grand Prix Cycliste de Montreal

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MONTREAL – Tadej Pogacar was so dominant on Sunday, Canada’s Michael Woods called it a race for second.

Pogacar, a three-time Tour de France champion from Slovenia, pedalled to a resounding victory at the Grand Prix Cycliste de Montreal.

The UAE Team Emirates leader crossed the finish line 24 seconds ahead of Spain’s Pello Bilbao of Bahrain — Victorious to win the demanding 209.1-kilometre race on a sunny, 28 C day in Montreal. France’s Julian Alaphilippe of Soudal Quick-Step was third.

“He’s the greatest rider of all time, he’s a formidable opponent,” said Woods, who finished 45 seconds behind the leader in eighth. “If you’re not at your very, very best, then you can forget racing with him, and today was kind of representative of that.

“He’s at such a different level that if you follow him, it can be lights out.”

Pogacar slowed down before the last turn to celebrate with the crowd, high-five fans on Avenue du Parc and cruise past the finish line with his arms in the air after more than five hours on the bike.

The 25-year-old joined Belgium’s Greg Van Avermaet as the only multi-time winners in Montreal after claiming the race in 2022. He also redeemed a seventh-place finish at the Quebec City Grand Prix on Friday.

“I was disappointed, because I had such good legs that I didn’t do better than seventh,” Pogacar said. “To bounce back after seventh to victory here, it’s just an incredible feeling.”

It’s Pogacar’s latest win in a dominant year that includes victories at the Tour de France and Giro d’Italia.

Ottawa’s Woods (Israel Premier-Tech) tied a career-best in front of the home crowd in Montreal, but hoped for more after claiming a stage at the Spanish Vuelta two weeks ago.

“I wanted a better result,” the 37-year-old rider said. “My goal was a podium, but at the same time I’m happy with the performance. In bike racing, you can’t always get the result you want and I felt like I raced really well, I animated the race, I felt like I was up there.”

Pogacar completed the 17 climbs up and down Mount Royal near downtown in five hours 28 minutes 15 seconds.

He made his move with 23.3 kilometres to go, leaving the peloton in his dust as he pedalled into the lead — one he never relinquished.

Bilbao, Alaphilippe, Alex Aranburu (Movistar Team) and Bart Lemmen (Visma–Lease) chased in a group behind him, with Bilbao ultimately separating himself from the pack. But he never came close to catching Pogacar, who built a 35-second lead with one lap left to go.

“It was still a really hard race today, but the team was on point,” Pogacar said. “We did really how we planned, and the race situation was good for us. We make it hard in the last final laps, and they set me up for a (takeover) two laps to go, and it was all perfect.”

Ottawa’s Derek Gee, who placed ninth in this year’s Tour de France, finished 48th in Montreal, and called it a “hard day” in the heat.

“I think everyone knows when you see Tadej on the start line that it’s just going to be full gas,” Gee said.

Israel Premier-Tech teammate Hugo Houle of Sainte-Perpétue, Que., was 51st.

Houle said he heard Pogacar inform his teammates on the radio that he was ready to attack with two laps left in the race.

“I said then, well, clearly it’s over for me,” Houle said. “You see, cycling isn’t that complicated.”

Australia’s Michael Matthews won the Quebec City GP for a record third time on Friday, but did not finish in Montreal. The two races are the only North American events on the UCI World Tour.

Michael Leonard of Oakville, Ont., and Gil Gelders and Dries De Bondt of Belgium broke away from the peloton during the second lap. Leonard led the majority of the race before losing pace with 45 kilometres to go.

Only 89 of 169 riders from 24 teams — including the Canadian national team — completed the gruelling race that features 4,573 metres in total altitude.

Next up, the riders will head to the world championships in Zurich, Switzerland from Sept. 21 to 29.

Pogacar will try to join Eddy Merckx (1974) and Stephen Roche (1987) as the only men to win three major titles in a season — known as the Triple Crown.

“Today gave me a lot of confidence, motivation,” Pogacar said. “I think we are ready for world championships.”

This report by The Canadian Press was first published Sept. 15, 2024.



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