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Supreme Court of Canada to rule on sentencing for Quebec City mosque shooter

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OTTAWA — The Supreme Court of Canada is slated to rule Friday on the sentencing of a man who went on a deadly shooting spree at a Quebec City mosque.

The decision in Alexandre Bissonnette’s case will determine the constitutionality of a key provision on parole eligibility in multiple-murder convictions.

As a result, it will also reverberate far beyond the case before the court.

In March 2021, a judge found Alek Minassian guilty of 10 counts of first-degree murder, three years after he smashed into people with a van on a busy Toronto sidewalk. The judge decided to delay sentencing until after the Supreme Court decision.

At issue is the tension between society’s denunciation of such horrific crimes and the notion of rehabilitation as a fundamental value in sentencing.

Bissonnette pleaded guilty to six charges of first-degree murder and six of attempted murder in the January 2017 mosque assault that took place just after evening prayers.

In 2019, Bissonnette successfully challenged a 2011 law that allowed a court, in the event of multiple murders, to impose a life sentence and parole ineligibility periods of 25 years to be served consecutively for each murder.

A judge found the provision unconstitutional but saw no need to declare it invalid and instead read in new wording that would allow a court to impose consecutive periods of less than 25 years.

Ultimately, the judge ruled Bissonnette must wait 40 years before applying for parole.

Quebec’s Court of Appeal agreed that the sentencing provision violated Charter of Rights guarantees of life, liberty and security of the person, as well as freedom from cruel or unusual punishment.

“Parliament’s response to the problem identified is so extreme as to be disproportionate to any legitimate government interest,” the Appeal Court said.

“The judge was therefore right to conclude that the scope of the provision is clearly broader than necessary to achieve the objectives of denunciation and protection of the public.”

The Appeal Court, however, said the judge erred in making the ineligibility period 40 years.

It declared the sentencing provision constitutionally invalid and said the court must revert to the law as it stood before 2011, meaning the parole ineligibility periods are to be served concurrently — resulting in a total waiting period of 25 years in Bissonnette’s case.

The Court of Appeal noted there is no guarantee the Parole Board would grant Bissonnette parole in 25 years.

“This will depend on the circumstances at the time, including the appellant’s level of dangerousness, his potential for rehabilitation and the manner in which his personality has evolved,” the court said.

“Furthermore, as with any parole, if it is granted, it will include the necessary conditions for adequately ensuring the security of the public, failing which it will not be granted.”

This report by The Canadian Press was first published May 26, 2022.

 

Jim Bronskill, The Canadian Press

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Here is how to prepare your online accounts for when you die

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LONDON (AP) — Most people have accumulated a pile of data — selfies, emails, videos and more — on their social media and digital accounts over their lifetimes. What happens to it when we die?

It’s wise to draft a will spelling out who inherits your physical assets after you’re gone, but don’t forget to take care of your digital estate too. Friends and family might treasure files and posts you’ve left behind, but they could get lost in digital purgatory after you pass away unless you take some simple steps.

Here’s how you can prepare your digital life for your survivors:

Apple

The iPhone maker lets you nominate a “ legacy contact ” who can access your Apple account’s data after you die. The company says it’s a secure way to give trusted people access to photos, files and messages. To set it up you’ll need an Apple device with a fairly recent operating system — iPhones and iPads need iOS or iPadOS 15.2 and MacBooks needs macOS Monterey 12.1.

For iPhones, go to settings, tap Sign-in & Security and then Legacy Contact. You can name one or more people, and they don’t need an Apple ID or device.

You’ll have to share an access key with your contact. It can be a digital version sent electronically, or you can print a copy or save it as a screenshot or PDF.

Take note that there are some types of files you won’t be able to pass on — including digital rights-protected music, movies and passwords stored in Apple’s password manager. Legacy contacts can only access a deceased user’s account for three years before Apple deletes the account.

Google

Google takes a different approach with its Inactive Account Manager, which allows you to share your data with someone if it notices that you’ve stopped using your account.

When setting it up, you need to decide how long Google should wait — from three to 18 months — before considering your account inactive. Once that time is up, Google can notify up to 10 people.

You can write a message informing them you’ve stopped using the account, and, optionally, include a link to download your data. You can choose what types of data they can access — including emails, photos, calendar entries and YouTube videos.

There’s also an option to automatically delete your account after three months of inactivity, so your contacts will have to download any data before that deadline.

Facebook and Instagram

Some social media platforms can preserve accounts for people who have died so that friends and family can honor their memories.

When users of Facebook or Instagram die, parent company Meta says it can memorialize the account if it gets a “valid request” from a friend or family member. Requests can be submitted through an online form.

The social media company strongly recommends Facebook users add a legacy contact to look after their memorial accounts. Legacy contacts can do things like respond to new friend requests and update pinned posts, but they can’t read private messages or remove or alter previous posts. You can only choose one person, who also has to have a Facebook account.

You can also ask Facebook or Instagram to delete a deceased user’s account if you’re a close family member or an executor. You’ll need to send in documents like a death certificate.

TikTok

The video-sharing platform says that if a user has died, people can submit a request to memorialize the account through the settings menu. Go to the Report a Problem section, then Account and profile, then Manage account, where you can report a deceased user.

Once an account has been memorialized, it will be labeled “Remembering.” No one will be able to log into the account, which prevents anyone from editing the profile or using the account to post new content or send messages.

X

It’s not possible to nominate a legacy contact on Elon Musk’s social media site. But family members or an authorized person can submit a request to deactivate a deceased user’s account.

Passwords

Besides the major online services, you’ll probably have dozens if not hundreds of other digital accounts that your survivors might need to access. You could just write all your login credentials down in a notebook and put it somewhere safe. But making a physical copy presents its own vulnerabilities. What if you lose track of it? What if someone finds it?

Instead, consider a password manager that has an emergency access feature. Password managers are digital vaults that you can use to store all your credentials. Some, like Keeper,Bitwarden and NordPass, allow users to nominate one or more trusted contacts who can access their keys in case of an emergency such as a death.

But there are a few catches: Those contacts also need to use the same password manager and you might have to pay for the service.

___

Is there a tech challenge you need help figuring out? Write to us at onetechtip@ap.org with your questions.

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Police suggest speed a factor in fiery EV crash that killed four in downtown Toronto

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TORONTO – Speed was considered a factor in a fiery overnight crash in downtown Toronto that killed four people and injured one woman, officials said Thursday, underlining the challenges firefighters face when batting electric-vehicle battery fires.

The Tesla car was travelling at a “high rate of speed” when it lost control, slammed into a guard rail and then caught fire along Lake Shore Boulevard east of Cherry Street shortly after midnight, Toronto police Deputy Insp. Phillip Sinclair said Thursday.

“There is some evidence to suggest that speed was a factor,” he said.

Sinclair described the crash as “heartbreaking.” All four people who were killed — three men and one woman — were in their 20s and 30s, he said.

The surviving woman was pulled from the car by a motorist who stopped to help, he said. The woman, in her 20s, was sent to hospital with non-life-threatening injuries.

“Thanks very much to that bystander. We have been speaking to them, and obviously they are also deeply affected by this incident — a very horrific scene for that bystander to step in,” Sinclair told a press conference Thursday morning.

Toronto’s deputy fire chief said the crash underlined the challenge firefighters can face when trying to put out electric-vehicle battery fires.

“The intensity of the fire is directly linked to the battery cells in the Tesla,” said Jim Jessop, speaking alongside Sinclair.

“But I want to be very clear: we have all attended collisions where we’ve had horrible car fires as well that are gasoline powered.”

One of the major risks in electric-vehicle fires, he said, is when the battery gets into an uncontrollable self-heating chain reaction, or what’s called thermal runaway. The battery can sometimes reignite up to weeks later, he said.

Firefighters at the scene put the car’s battery cell in a dumpster and filled it with sand, then moved it from the scene for safe disposal, he said.

“We don’t want to speculate on the intensity of the fire until the investigation is complete, but certainly it did cause extra care and concern in transporting the vehicle and the battery cell that had been ejected (from the vehicle),” Jessop said.

Talk of battery fire risks comes as the city’s transit agency considers a possible ban on e-bikes and e-scooters from its vehicles. A staff report going before the Toronto Transit Commission’s board says the risks are particularly associated with lithium-ion batteries in uncertified or misused devices.

Research findings from EV FireSafe, a group backed by the Australian government, suggest electric-vehicle battery fires are uncommon and happen less often than gas-powered vehicle fires.

Jessop said Toronto Fire is being “very proactive” in preparing for a future where lithium-ion batteries, the type found in everything from cellphones to cars, are even more common.

He said the service has a working group to help inform its response to public messaging about battery fires and tactics for safe disposal by firefighters.

“It’s something that you know we’re going to have to deal with and continue to deal with as this technology expands … and it’s something that, you know, we’re going to continue to work on,” he said.

Lake Shore Boulevard, the major arterial road along the city’s waterfront, was closed in both directions between the Don Valley parkway and Cherry Street for several hours ahead of the morning rush hour. One lane reopened in each direction later in the morning.

This report by The Canadian Press was first published Oct. 24, 2024.

The Canadian Press. All rights reserved.

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Parents charged after police say malnourished, abused baby taken to Winnipeg hospital

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WINNIPEG – Police in Winnipeg say they have charged the parents of an infant who was brought to hospital with suspicious injuries.

Police were called in late September when a man and a woman arrived at the emergency room with a baby girl who was unresponsive and had multiple injuries.

The child abuse unit investigated and found the injuries were the result of malnutrition and abuse.

The girl’s parents were arrested on Tuesday and are in custody.

Both are charged with failing to provide the necessities of life.

The father also faces a charge of aggravated assault.

This report by The Canadian Press was first published Oct. 24, 2024.

The Canadian Press. All rights reserved.

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