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Top court sends sentencing of two men in triple murder back to Alberta Appeal Court

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OTTAWA — Canada’s top court has sent the case of two men convicted in the slayings of three family members back to the Alberta Court of Appeal.

Last year, the Alberta court imposed consecutive periods of parole ineligibility for Jason Klaus and Joshua Frank and ordered they serve 50 years before applying for release.

The original trial judge had ruled the two men serve their sentences concurrently, so it would be 25 years before they were eligible.

Last month, the Supreme Court of Canada, calling it degrading and incompatible with human dignity, struck down the Criminal Code provision that meant multiple murderers might have to wait 50 years or more to apply for parole.

The unanimous high court decision came in the case of Alexandre Bissonnette, who fatally shot six people at a Quebec City mosque in 2017. The ruling meant he can seek parole after 25 years instead of having to wait 40 years as determined by the judge in the original trial.

On Thursday, the Supreme Court ordered the Alberta Appeal Court to deal with the Klaus and Frank sentencings “in accordance” with the recent Bissonnette ruling.

Klaus and Frank were each convicted of three counts of first-degree murder after the bodies of Klaus’s father and sister were discovered in their burnt-out farmhouse near Red Deer, Alta., in 2013. His mother’s body was never found.

Andrea Urquhart, Frank’s lawyer in Calgary, said the order from the top court means the trial judge’s original sentencing decision should be restored.

“They struck down the section, which permitted consecutive periods of ineligibilities. And for somebody like Mr. Frank, the writing was on the wall as to what would happen,” she said.

Sentencing appeals for two other high-profile Alberta cases, Derek Saretzky and Edward Downey, had been on hold pending the court’s decision in Bissonnette.

Saretzky was convicted on three counts of first-degree murder in the 2015 deaths of Terry Blanchette, his two-year-old daughter, Hailey Dunbar-Blanchette; and neighbour Hanne Meketech in Blairmore, Alta. He was given a life sentence with no chance of parole for 75 years.

Saretzky’s lawyer said the sentence appeal is scheduled for June 21.

“I’m waiting on the Crown and I’m hoping they’re going to just concede it. I would expect it would be resolved in his favour,” Balfour Der said.

“I felt what was wrong about the law, in particular Saretzky’s sentence, was that he was 22 at the time of the offence and so to give a 75-year, no-parole (sentence) just means it’s taken away all hope from this young man. You’re predicting the future that he could never be rehabilitated.”

Downey killed Sara Baillie and her five-year-old daughter, Taliyah Marsman, in 2016. He was convicted of two counts of first-degree murder and given a life sentence with no chance of parole for 50 years.

Lisa Silver, a University of Calgary law professor, said the Supreme Court decision isn’t automatically applied to every case with multiple parole ineligibilities.

“The law in which a number of people were sentenced was found unconstitutional and, in the Bissonnette decision, the SCOC did indicate that offenders sentenced under that law may make Charter applications,” she said.

“It is not automatic — they must make applications and argue.”

Urquhart said the decision was welcome news to her client.

“There’s a big sense of relief,” she said.

“He was a relatively young man when he was convicted and is working hard inside the institution. That’s his goal.”

This report by The Canadian Press was first published June 16, 2022.

— By Bill Graveland in Calgary

 

The Canadian Press

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Sonia Furstenau staying on as B.C. Greens leader in wake of indecisive election

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The B.C. Greens say Sonia Furstenau will be staying on as party leader, despite losing her seat in the legislature in Saturday’s provincial election.

The party says in a statement that its two newly elected MLAs, Jeremy Valeriote and Rob Botterell, support Furstenau’s leadership as they “navigate the prospect of having the balance of power in the legislature.”

Neither the NDP led by Premier David Eby nor the B.C. Conservatives led by John Rustad secured a majority in the election, with two recounts set to take place from Oct. 26 to 28.

Eby says in a news conference that while the election outcome is uncertain, it’s “very likely” that the NDP would need the support of others to pass legislation.

He says he reached out to Furstenau on election night to congratulate her on the Greens’ showing.

But he says the Green party has told the NDP they are “not ready yet” for a conversation about a minority government deal.

The Conservatives went from taking less than two per cent of the vote in 2020 to being elected or leading in 45 ridings, two short of a majority and only one behind the NDP.

This report by The Canadian Press was first published Oct. 22, 2024.

The Canadian Press. All rights reserved.



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Toronto FC captain Jonathan Osorio making a difference off the pitch as well as on it

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Toronto FC captain Jonathan Osorio is making a difference, 4,175 kilometres away from home.

The 32-year-old Canadian international midfielder, whose parents hail from Colombia, has been working with the Canadian Colombian Children’s Organization, a charity whose goal is to help disadvantaged youth in the South American country.

Osorio has worked behind the scenes, with no fanfare.

Until now, with his benevolence resulting in becoming Toronto FC’s nominee for the Audi Goals Drive Progress Impact Award, which honours an MLS player “who showed outstanding dedication to charitable efforts and serving the community” during the 2024 season.”

Other nominees include Vancouver Whitecaps midfielder Sebastian Berhalter and CF Montreal goalkeeper Jonathan Sirois.

The winner will be announced in late November.

The Canadian Colombian Children’s Organization (CCCO) is run entirely by volunteers like Monica Figueredo and Claudia Soler. Founded in 1991, it received charitable status in 2005.

The charity currently has four projects on the go: two in Medellin and one each in Armenia and Barranquilla.

They include a school, a home for young girls whose parents are addicted to drugs, after-school and weekend programs for children in a disadvantaged neighbourhood, and nutrition and education help for underprivileged youth.

The organization heard about Osorio and was put in contact with him via an intermediary, which led to a lunch meeting. Osorio did his due diligence and soon got back to the charity with his decision.

“It was something that I wanted to be a part of right away,” said Osorio, whose lone regret is that he didn’t get involved sooner.

“I’m fortunate now that to help more now that I could have back then,” he added. “The timing actually worked out for everybody. For the last three years I have donated to their cause and we’ve built a couple of (football) fields in different cities over there in the schools.”

His father visited one of the sites in Armenia close to his hometown.

“He said it was amazing, the kids, how grateful they are to be able to play on any pitch, really,” said Osorio. “But to be playing on a new pitch, they’re just so grateful and so humble.

“It really makes it worth it being part of this organization.”

The collaboration has also made Osorio take stock.

“We’re very fortunate here in Canada, I think, for the most part. Kids get to go to school and have a roof over their head and things like that. In Colombia, it’s not really the same case. My father and his family grew up in tough conditions, so giving back is like giving back to my father.”

Osorio’s help has been a godsend to the charity.

“We were so surprised with how willing he was,” said Soler.

The TFC skipper has helped pay for a football field in Armenia as well as an ambitious sports complex under construction in Barranquilla.

“It’s been great for them,” Figueredo said of the pitch in Armenia. “Because when they go to school, now they have a proper place to train.”

Osorio has also sent videos encouraging the kids to stay active — as well as shipping soccer balls and signed jerseys their way.

“They know more about Jonathan than the other players in Colombia,” Figueredo said. “That’s the funny part. Even though he’s far away, they’ve connected with him.”

“They feel that they have a future, that they can do more,” she added. “Seeing that was really, really great.”

The kids also followed Osorio through the 2022 World Cup and this summer’s Copa America.

Back home, Osorio has also attended the charity’s annual golf tournament, helping raise funds.

A Toronto native, he has long donated four tickets for every TFC home game to the Hospital for Sick Children.

Vancouver’s Berhalter was nominated for his involvement in the Whitecaps’ partnership with B.C. Children’s Hospital while Montreal’s Sirois was chosen for his work with the Montreal Impact Foundation.

Follow @NeilMDavidson on X platform, formerly known as Twitter

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



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Five Things to Know: Toronto Raptors’ 2024-25 season

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TORONTO – The Toronto Raptors kick off the 2024-25 season on Wednesday night when they host the Cleveland Cavaliers at Scotiabank Arena. Here are five things to know ahead of the Raptors’ home opener:

THREE DECADES — It’s the Raptors’ 30th anniversary and the team has plans to celebrate all season, including bringing back their purple jerseys from the mid-1990s. Toronto will also be honouring former players, including Hall of Famer Vince Carter. He’ll be the first-ever player to have his Raptors jersey retired in a ceremony at Scotiabank Arena on Nov. 2.

DEPTH CHART — The Raptors lacked depth to start last season with essentially one player coming off the bench — shooting guard Gary Trent Jr. — with then-rookie swingman Gradey Dick sometimes rotating in too. That short bench was evident with a -4.4 net rating over the season, tied with the San Antonio Spurs for third-worst in the NBA. Net rating is an advanced stat that indicates how much better or worse a team performs on a per-possession basis.

However, a series of trades and four draft picks remade the roster and greatly improved Toronto’s depth.

Point guard Davion Mitchell, power forward Ochai Agbaji and centre Chris Boucher of Montreal will lead the reserves to start the season. All three have serious NBA experience, averaging more than 17 minutes per game in their careers. They’ll be joined on the second unit by centre Kelly Olynyk (back) of Kamloops, B.C., and small forward Bruce Brown (arthroscopic knee surgery) once they’re healthy for a robust veteran bench that can handle big minutes. Ja’Kobe Walter, Toronto’s 19th overall pick in this past summer’s draft, will presumably be Dick’s backup at the two-guard once he’s recovered from a sprained shoulder.

COMMUTERS — Walter was the highest of Toronto’s four picks selected in the 2024 NBA draft in late June. Power forward Jonathan Mogbo (31st), point guard Jamal Shead (45th) and centre Ulrich Chomche (57th) were also selected. Although all four will see some NBA minutes this season — especially Shead, whose dogged defence was a highlight of the Raptors’ pre-season — they’ll also be regulars for the G-League’s Raptors 905 in nearby Mississauga, Ont.

IN-SEASON TOURNAMENT — The Raptors are in Group B for the NBA’s second-annual in-season tournament. They’re grouped with the Milwaukee Bucks, Indiana Pacers, Miami Heat and Detroit Pistons. Toronto’s so-called Cup Nights will begin Nov. 12 in Milwaukee and continue when the Raptors host Detroit on Nov. 15. Their third tournament game will be Nov. 29 in Miami and then their group stage will end Dec. 3 when Indiana visits Scotiabank Arena.

Financial incentive has been added to the NBA Cup playoffs this season, with players on the winning team earning US$514,971 each, while $205,988 goes to each player on the runner-up team. Players who lost in the semis will get $102,994 apiece and players that lose in the quarters will get $51,497.

PORTER SENTENCING — Former Toronto backup centre Jontay Porter will receive face sentencing on Dec. 18 after he pleaded guilty in the summer to a U.S. federal conspiracy crime. Porter, 24, was banned from the NBA after admitting that he helped bettors by intentionally underperforming in games. Prosecutors have estimated that he could be facing a range from just under 3 1/2 years in prison to a little over four years.

This report by The Canadian Press was first published Oct. 22, 2024.

The Canadian Press. All rights reserved.



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