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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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Mexican schools have 6 months to ban sale of junk food or face heavy fines

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MEXICO CITY (AP) — Schools in Mexico will have six months to implement a government-sponsored ban on junk food or else face heavy fines, officials said Monday.

The rules, published on Sept. 30, target products that have become staples for two or three generations of Mexican schoolkids: sugary fruit drinks sold in triangular cardboard cartons, chips, artificial pork rinds and soy-encased, salty peanuts with chile. School administrators who violate the order will face fines equivalent to between $545 and $5,450, which could double for a second offense, amounting to nearly a year’s wages for some of them.

Mexico’s children have the highest consumption of junk food in Latin America and many get 40% of their total caloric intake from it, according to the U.N. Children’s Fund which labeled child obesity there an emergency.

The new ban targets products that have become staples for two or three generations of Mexican schoolkids: sugary fruit drinks sold in triangular cardboard cartons, chips, artificial pork rinds and soy-encased, salty peanuts with chile.

Previous attempts to implement laws against so-called ‘junk food’ have met with little success.

President Claudia Sheinbaum said Monday schools would have to offer water fountains and alternative snacks, like bean tacos.

“It is much better to eat a bean taco than a bag of potato chips,” Sheinbaum said. “It is much better to drink hibiscus flower water than soda.”

However, the vast majority of Mexico’s 255,000 schools nationwide do not have free drinking water available to students. According to a report in 2020, the effort to install drinking fountains succeeded in only about 10,900 of the country’s schools, or about 4% of them. Many Schools are located in areas so poor or remote that they struggle to maintain acceptable bathrooms, internet connection or electricity.

Also the most common recipes for beans, refried beans, usually contain a significant dose of lard, which would violate rules against saturated fats.

Mexico instituted front-of-package warning labels for foods between 2010 and 2020, to advise consumers about high levels of salt, added sugar, excess calories and saturated fats. Some snack foods carry all four of the black, octagonal warning labels.

But under the new rules, schools will have to phase out any product containing even a single warning label from school snack stands. It wasn’t immediately clear how the government would enforce the ban on the sidewalks outside schools, where vendors usually set up tables of goods to sell to kids at recess.

Mexican authorities say the country has the worst childhood obesity problem in the world, with about one-third of children overweight or obese.

The Canadian Press. All rights reserved.

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Panthers’ Reinhart named NHL first star after posting nine points over four games

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NEW YORK – Florida Panthers centre Sam Reinhart was named NHL first star of the week on Monday after leading all players with nine points over four games last week.

Reinhart had four goals, five assists and a plus-seven rating to help the Stanley Cup champions post a 3-0-1 record on the week and move into first place in the Atlantic Division.

New York Rangers left-winger Artemi Panarin took the second star and Minnesota Wild goaltenderFilip Gustavsson was the third star.

Panarin had eight points (4-4) over three games.

Gustavsson became the 15th goalie in NHL history to score a goal and had a 1.00 goals-against average and .962 save percentage over a pair of victories.

This report by The Canadian Press was first published Oct. 21, 2024.

The Canadian Press. All rights reserved.



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Browns QB Deshaun Watson’s season ended by ruptured Achilles tendon, team said he’ll have surgery

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CLEVELAND (AP) — Deshaun Watson won’t finish the season as Cleveland’s starting quarterback for the second straight year.

He’s injured again, and the Browns have new problems.

Watson ruptured his right Achilles tendon in the first half of Sunday’s loss to Cincinnati, collapsing as he began to run and leading some Browns fans to cheer while the divisive QB laid on the ground writhing in pain.

The team feared Watson’s year was over and tests done Monday confirmed the rupture. The Browns said Watson will have surgery and miss the rest of the season but “a full recovery is expected.”

Watson was injured on a noncontact play in the second quarter of Cleveland’s 21-14 loss to the Bengals and carted off the field in tears.

It’s the second significant injury in two seasons for Watson, who broke the glenoid (socket) bone in his throwing shoulder last year after just six starts.

The 29-year-old went down Sunday without being touched on a draw play late in the first half. His right leg buckled and Watson crumpled to the turf. TV replays showed his calf rippling, consistent with an Achilles injury.

He immediately put his hands on his helmet, clearly aware of the severity of an injury similar to the one Jets quarterback Aaron Rodgers sustained last year.

As he was being assisted by the team’s medical staff and backup Dorian Thompson-Robinson grabbed a ball to begin warming up, there was some derisive cheers and boos from the stands in Huntington Bank Field.

Cleveland fans have been split over Watson, who has been accused of being sexually inappropriate with women.

The reaction didn’t sit well with several Watson’s teammates, including star end Myles Garrett, the NFL’s reigning Defensive Player of the Year, who was appalled by the fans’ behavior.

“We should be ashamed of ourselves as Browns and as fans to boo anyone and their downfall. To be season-altering, career-altering injury,” Garrett said. “Man’s not perfect. He doesn’t need to be. None of us are expected to be perfect. Can’t judge him for what he does off the field or on the field because I can’t throw stones for my glass house.

“Ultimately everyone’s human and they’re disappointed just like we are, but we have to be better than that as people. There’s levels to this. At the end of the day, it’s just a game and you don’t boo anybody being injured and you don’t celebrate anyone’s downfall.”

Backup quarterback Jameis Winston also admonished the uncomfortable celebration.

“I am very upset with the reaction to a man that has had the world against him for the past four years, and he put his body and life on the line for this city every single day,” he said. “The way I was raised, I will never pull on a man when he’s down, but I will be the person to lift him up.

“I know you love this game. When I first got here, I knew these were some amazing fans, but Deshaun was treated badly and now he has to overcome another obstacle. So I’m going to support him, I’m going to lift him up and I’m going to be there for him.”

The injury is yet another twist in Watson’s tumultuous time with the Browns.

Cleveland traded three first-round draft picks and five overall to Houston in 2022 to get him, with owners Dee and Jimmy Haslam approving the team giving Watson a fully guaranteed, five-year $230 million contract.

With a solid roster, the Browns were desperate to find a QB who could help them compete against the top AFC teams.

The Browns had moved on from Baker Mayfield despite drafting him No. 1 overall in 2018 and making the playoffs two seasons later.

But Watson has not played up to expectations — fans have been pushing for him to be benched this season — and Cleveland’s move to get him has been labeled an abject failure with the team still on the hook to pay him $46 million in each of the next two seasons.

Watson’s arrival in Cleveland also came amid accusations by more than two dozen women of sexual assault and harassment during massage therapy sessions while he played for the Texans. Two grand juries declined to indict him and he has settled civil lawsuits in all but one of the cases.

Watson was suspended by the NFL for his first 11 games and fined $5 million for violating the league’s personal conduct policy before he took his first snap with the Browns. The long layoff — he sat out the 2021 season in a contract dispute — led to struggles once he got on the field, and Watson made just six starts last season before hurting his shoulder.

Cleveland signed veteran Joe Flacco, who went 4-1 as a starter and led the Browns to the playoffs.

Before Watson got hurt this year, he didn’t play much better. He was one of the league’s lowest-rated passers for a Cleveland team that hasn’t scored 20 points in a game and is back in search of a franchise QB.

___

AP NFL:



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