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Nunavut prosecutor, Mountie acquitted of contempt

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Mountie acquitted

A Nunavut judge has acquitted a prosecutor and an RCMP officer of criminal contempt but says their joint actions in the arrest of a man outside a courtroom were a “direct and public insult to the integrity of the Nunavut Court of Justice.”

In a written decision, Justice Paul Bychok says Cpl. Andrew Kerstens and prosecutor Emma Baasch were “reckless” and their actions in the arrest of Robert Campbell inside the courthouse “reveal a stunning lack of judgment,” but not to the extent required for a criminal conviction.

Kerstens arrested Campbell in Iqaluit’s courthouse and took him into police custody on July 13. Campbell had been set to stand trial that morning, along with two other co-accused, on a charge of assaulting a correctional officer.

The Public Prosecution Service of Canada states Campbell was arrested after it was alleged he had interfered with a witness set to testify at the trial.

Bychok wrote in his decision that when Campbell did not show up for his trial, Baasch, in requesting an adjournment, stated in passing that he was in custody. The judge said it was only when he questioned Campbell’s lawyer that he learned the man had been arrested outside the courtroom that morning.

After returning Campbell to court more than an hour later, Kerstens told the judge he felt it had been in the public interest to arrest the man.

Bychok wrote that he did not learn about the prosecutor’s involvement in the arrest until a contempt hearing for the officer in August. Kerstens’ lawyer said the prosecutor had discussed the matter with the officer and they mutually agreed Campbell should be charged and arrested when he arrived at the courthouse.

Bychok said the actions of Baasch and Kerstens violated Campbell’s right to be present at his trial and were “a flagrant and public interference with, and violation of, the court’s active jurisdiction over him.”

“Each of you gave no more thought or reflection to your actions, their implication, and ramifications, than you would have had you considered having Mr. Campbell arrested in NorthMart or inside the legion,” he wrote.

The judge added that the prosecutor, on the day of the trial, failed to give the court a “candid and full accounting and explanation” for her actions, or justification for Campbell’s arrest and trial adjournment.

“I am disappointed that nowhere in your affidavit or in your lawyer’s pleadings do you recognize that you failed in your ethical duties to the court,” he wrote.

In a statement, the Public Prosecution Service of Canada said it fully supports Baasch and “is of the view that the prosecutor acted ethically at all times.”

The RCMP did not immediately respond to a request for comment.

Court records show Campbell did stand trial on the assault charge but Bychok has not yet issued a verdict.

This report by The Canadian Press was first published Jan. 6, 2023.

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This story was produced with the financial assistance of the Meta and Canadian Press News Fellowship.

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RCMP investigating after three found dead in Lloydminster, Sask.

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LLOYDMINSTER, SASK. – RCMP are investigating the deaths of three people in Lloydminster, Sask.

They said in a news release Thursday that there is no risk to the public.

On Wednesday evening, they said there was a heavy police presence around 50th Street and 47th Avenue as officers investigated an “unfolding incident.”

Mounties have not said how the people died, their ages or their genders.

Multiple media reports from the scene show yellow police tape blocking off a home, as well as an adjacent road and alleyway.

The city of Lloydminster straddles the Alberta-Saskatchewan border.

Mounties said the three people were found on the Saskatchewan side of the city, but that the Alberta RCMP are investigating.

This report by The Canadian Press was first published on Sept. 12, 2024.

Note to readers: This is a corrected story; An earlier version said the three deceased were found on the Alberta side of Lloydminster.

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Three injured in Kingston, Ont., assault, police negotiating suspect’s surrender

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KINGSTON, Ont. – Police in Kingston, Ont., say three people have been sent to hospital with life-threatening injuries after a violent daytime assault.

Kingston police say officers have surrounded a suspect and were trying to negotiate his surrender as of 1 p.m.

Spokesperson Const. Anthony Colangeli says police received reports that the suspect may have been wielding an edged or blunt weapon, possibly both.

Colangeli says officers were called to the Integrated Care Hub around 10:40 a.m. after a report of a serious assault.

He says the three victims were all assaulted “in the vicinity,” of the drop-in health centre, not inside.

Police have closed Montreal Street between Railway Street and Hickson Avenue.

This report by The Canadian Press was first published Sept. 12, 2024.

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Government intervention in Air Canada talks a threat to competition: Transat CEO

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Demands for government intervention in Air Canada labour talks could negatively affect airline competition in Canada, the CEO of travel company Transat AT Inc. said.

“The extension of such an extraordinary intervention to Air Canada would be an undeniable competitive advantage to the detriment of other Canadian airlines,” Annick Guérard told analysts on an earnings conference call on Thursday.

“The time and urgency is now. It is time to restore healthy competition in Canada,” she added.

Air Canada has asked the federal government to be ready to intervene and request arbitration as early as this weekend to avoid disruptions.

Comments on the potential Air Canada pilot strike or lock out came as Transat reported third-quarter financial results.

Guérard recalled Transat’s labour negotiations with its flight attendants earlier this year, which the company said it handled without asking for government intervention.

The airline’s 2,100 flight attendants voted 99 per cent in favour of a strike mandate and twice rejected tentative deals before approving a new collective agreement in late February.

As the collective agreement for Air Transat pilots ends in June next year, Guérard anticipates similar pressure to increase overall wages as seen in Air Canada’s negotiations, but reckons it will come out “as a win, win, win deal.”

“The pilots are preparing on their side, we are preparing on our side and we’re confident that we’re going to come up with a reasonable deal,” she told analysts when asked about the upcoming negotiations.

The parent company of Air Transat reported it lost $39.9 million or $1.03 per diluted share in its quarter ended July 31. The result compared with a profit of $57.3 million or $1.49 per diluted share a year earlier.

Revenue totalled $736.2 million, down from $746.3 million in the same quarter last year.

On an adjusted basis, Transat says it lost $1.10 per share in its latest quarter compared with an adjusted profit of $1.10 per share a year earlier.

It attributed reduced revenues to lower airline unit revenues, competition, industry-wide overcapacity and economic uncertainty.

Air Transat is also among the airlines facing challenges related to the recall of Pratt & Whitney turbofan jet engines for inspection and repair.

The recall has so far grounded six aircraft, Guérard said on the call.

“We have agreed to financial compensation for grounded aircraft during the 2023-2024 period,” she said. “Alongside this financial compensation, Pratt & Whitney will provide us with two additional spare engines, which we intend to monetize through a sell and lease back transaction.”

Looking ahead, the CEO said she expects consumer demand to remain somewhat uncertain amid high interest rates.

“We are currently seeing ongoing pricing pressure extending into the winter season,” she added. Air Transat is not planning on adding additional aircraft next year but anticipates stability.

“(2025) for us will be much more stable than 2024 in terms of fleet movements and operation, and this will definitely have a positive effect on cost and customer satisfaction as well,” the CEO told analysts.

“We are more and more moving away from all the disruption that we had to go through early in 2024,” she added.

This report by The Canadian Press was first published Sept. 12, 2024.

Companies in this story: (TSX:TRZ)

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