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Supreme Court says expanded rape shield laws are constitutional

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OTTAWA — The Supreme Court of Canada has upheld expansions to Canada’s rape shield laws made by the Liberals four years ago.

In a 6-3 ruling today, the court says the expanded rules to further prevent a sexual assault complainant’s past from being used against them in a trial are “constitutional in their entirety.”

Rape shield laws were enacted four decades ago to prevent a complainant in a sexual assault case from having evidence of their sexual history used to discredit them.

The Criminal Code says evidence of a complainant’s prior sexual activities that are unrelated to the charges at hand can only be admitted with permission of a judge following a private hearing, and cannot be used to infer that the complainant is less trustworthy or more likely to have consented.

In 2018, the Liberals expanded the definition of what that evidence includes to add communications of a sexual nature such as emails and videos, as well as documents about the complainant that are in the possession of the accused.

They also granted a complainant the right to participate in the screening hearing with the judge and be represented there by a lawyer.

In today’s ruling, a majority of justices say the right to a fair trial does not guarantee an accused gets “the most advantageous trial possible” and that “ambushing complainants with their own highly private records” can be unfair and unhelpful in the search for the truth.

This report by The Canadian Press was first published June 30, 2022.

 

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A timeline of events in the bread price-fixing scandal

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Almost seven years since news broke of an alleged conspiracy to fix the price of packaged bread across Canada, the saga isn’t over: the Competition Bureau continues to investigate the companies that may have been involved, and two class-action lawsuits continue to work their way through the courts.

Here’s a timeline of key events in the bread price-fixing case.

Oct. 31, 2017: The Competition Bureau says it’s investigating allegations of bread price-fixing and that it was granted search warrants in the case. Several grocers confirm they are co-operating in the probe.

Dec. 19, 2017: Loblaw and George Weston say they participated in an “industry-wide price-fixing arrangement” to raise the price of packaged bread. The companies say they have been co-operating in the Competition Bureau’s investigation since March 2015, when they self-reported to the bureau upon discovering anti-competitive behaviour, and are receiving immunity from prosecution. They announce they are offering $25 gift cards to customers amid the ongoing investigation into alleged bread price-fixing.

Jan. 31, 2018: In court documents, the Competition Bureau says at least $1.50 was added to the price of a loaf of bread between about 2001 and 2016.

Dec. 20, 2019: A class-action lawsuit in a Quebec court against multiple grocers and food companies is certified against a number of companies allegedly involved in bread price-fixing, including Loblaw, George Weston, Metro, Sobeys, Walmart Canada, Canada Bread and Giant Tiger (which have all denied involvement, except for Loblaw and George Weston, which later settled with the plaintiffs).

Dec. 31, 2021: A class-action lawsuit in an Ontario court covering all Canadian residents except those in Quebec who bought packaged bread from a company named in the suit is certified against roughly the same group of companies.

June 21, 2023: Bakery giant Canada Bread Co. is fined $50 million after pleading guilty to four counts of price-fixing under the Competition Act as part of the Competition Bureau’s ongoing investigation.

Oct. 25 2023: Canada Bread files a statement of defence in the Ontario class action denying participating in the alleged conspiracy and saying any anti-competitive behaviour it participated in was at the direction and to the benefit of its then-majority owner Maple Leaf Foods, which is not a defendant in the case (neither is its current owner Grupo Bimbo). Maple Leaf calls Canada Bread’s accusations “baseless.”

Dec. 20, 2023: Metro files new documents in the Ontario class action accusing Loblaw and its parent company George Weston of conspiring to implicate it in the alleged scheme, denying involvement. Sobeys has made a similar claim. The two companies deny the allegations.

July 25, 2024: Loblaw and George Weston say they agreed to pay a combined $500 million to settle both the Ontario and Quebec class-action lawsuits. Loblaw’s share of the settlement includes a $96-million credit for the gift cards it gave out years earlier.

Sept. 12, 2024: Canada Bread files new documents in Ontario court as part of the class action, claiming Maple Leaf used it as a “shield” to avoid liability in the alleged scheme. Maple Leaf was a majority shareholder of Canada Bread until 2014, and the company claims it’s liable for any price-fixing activity. Maple Leaf refutes the claims.

This report by The Canadian Press was first published Sept. 19, 2024.

Companies in this story: (TSX:L, TSX:MFI, TSX:MRU, TSX:EMP.A, TSX:WN)

The Canadian Press. All rights reserved.



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S&P/TSX composite up more than 250 points, U.S. stock markets also higher

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TORONTO – Canada’s main stock index was up more than 250 points in late-morning trading, led by strength in the base metal and technology sectors, while U.S. stock markets also charged higher.

The S&P/TSX composite index was up 254.62 points at 23,847.22.

In New York, the Dow Jones industrial average was up 432.77 points at 41,935.87. The S&P 500 index was up 96.38 points at 5,714.64, while the Nasdaq composite was up 486.12 points at 18,059.42.

The Canadian dollar traded for 73.68 cents US compared with 73.58 cents US on Thursday.

The November crude oil contract was up 89 cents at US$70.77 per barrel and the October natural gas contract was down a penny at US2.27 per mmBTU.

The December gold contract was up US$9.40 at US$2,608.00 an ounce and the December copper contract was up four cents at US$4.33 a pound.

This report by The Canadian Press was first published Sept. 19, 2024.

Companies in this story: (TSX:GSPTSE, TSX:CADUSD)

The Canadian Press. All rights reserved.



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Quebec premier calls on Bloc Québécois to help topple Trudeau government next week

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MONTREAL – Quebec Premier François Legault says the Bloc Québécois must vote to topple the federal Liberal government next week and trigger an election.

Legault called on Parti Québécois Leader Paul St-Pierre Plamondon to summon the “courage” to ask the Bloc to support the expected Conservative non-confidence motion against Prime Minister Justin Trudeau’s minority government on Tuesday.

The Bloc and PQ, which both campaign for Quebec independence, are ideologically aligned and have historically worked together.

But moments later Bloc Leader Yves-François Blanchet said on X that he would not vote to topple Trudeau, saying he serves Quebecers “according to my own judgment.”

Legault made the comments after expressing frustration with what he described as Ottawa’s inaction on curbing the number of temporary immigrants in Quebec, especially asylum seekers.

Conservative Leader Pierre Poilievre has said he will put forward a motion of non-confidence in the government on Sept. 24, and specifically challenged NDP Leader Jagmeet Singh to back it.

The Conservatives don’t have enough votes to pass the motion with just one of the Bloc or the NDP.

This report by The Canadian Press was first published Sept. 19, 2024.

The Canadian Press. All rights reserved.



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