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Sentencing Hearing August 26 for Activists Convicted of Indictable Offences for Exposing Animal Cruelty at Excelsior Hog Farm in 2019

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Activists Convicted of Indictable Offences for Exposing Animal Cruelty
Never Seen Before Documentation from Trial Reveals Rights Violations, Missing and Destroyed Evidence, and Appearance of Collusion Between BCSPCA and Police
Abbotsford, BC – A sentencing hearing is scheduled for August 26 in the case of two activists convicted for exposing animal cruelty at Excelsior Hog Farm. Amy Soranno and Nick Schafer, who were convicted in July of break-and-enter and criminal mischief, face jail time. A press conference will be held in front of the BC Supreme Court at 9:30am that day.

What: Press conference followed by sentencing hearing for two animal activistsWhen: Friday, August 26: Press conf at 9:30am / Sentencing hearing at 10amWhere: BC Supreme Court, 32375 Veterans Way, Abbotsford, BC

Although Soranno and Schafer were convicted for their role in exposing criminal animal abuse at the Abbotsford hog farm in 2019, the jury acquitted a third activist, Roy Sasano. A fourth activist, Geoff Regier, had his charges dropped in May. Together, the four activists have been dubbed the Excelsior 4.Because of a publication ban imposed by BC Supreme Court Justice Frits Verhoeven, the activists were unable—until now—to share trial evidence that is crucial to the public interest. Never before seen documentation detailed below includes rights violations by law enforcement, as well as missing and destroyed evidence.What follows are brief descriptions of this malfeasance, and Soranno, Schafer, Sasano, and Regier are all available for interview to provide additional details. Contact Kris Hermes at 604-228-9993 or krishermes@earthlink.net to arrange an interview.The Abbotsford police obtained a warrant in May 2019 to search Soranno’s phone, but it was limited to the April 2019 “Meat the Victims” protest at Excelsior Hog Farm for which they were arrested. Police violated the scope of the warrant by extracting hundreds of additional videos and contacts from Soranno’s phone they were not entitled to, and which were used to obtain a second warrant in August 2019. Police then violated the second warrant by, again, exceeding the scope of evidence they were allowed to obtain and use against the activists at trial.The Crown then used this unlawfully obtained evidence to lay more charges against the Excelsior 4. Justice Verhoeven recognized these warrant violations at a pretrial hearing in May, but refused to sanction the police or preclude the evidence from being used at trial.The Abbotsford police were also responsible for missing and destroyed evidence. Three hidden cameras were found at Excelsior Hog Farm in March 2019, along with SD cards containing hundreds of hours of video evidence, some of which depicted criminal animal abuse, according to the Excelsior 4. But, instead of ensuring the preservation of this evidence during an active investigation, the SD cards mysteriously went missing while in police custody.Then, on August 14, 2019, for no apparent reason, the Abbotsford police ordered the destruction of all three cameras the activists were accused of planting in the hog farm. Police records revealed at trial show that the evidence destruction occurred a day after the BC Society for the Prevention of Cruelty to Animals (BCSPCA) contacted the police to discuss whistleblower Geoff Regier. Days earlier, on August 5, 2019, Regier had emailed the BCSPCA to let them know that the cameras in police possession contained evidence of animal abuse.The BCSPCA turned Regier over to police in violation of its own confidentiality policy, giving the appearance that the BCSPCA and Abbotsford police were colluding to criminalize animal activists engaged in nonviolent civil disobedience. In July 2019, Regier made contact with the BCSPCA to provide the private charity—and the only agency authorized to enforce animal cruelty laws in BC—video evidence of criminal animal abuse at Excelsior. Instead of recommending charges against Excelsior, the BCSPCA broke its privacy agreement with Regier and turned him over to police despite no obligation to do so.In addition to its inexcusable practices, the BCSPCA admitted in 2020 that it has no capacity to regulate the more than 6,000 commercial farms in the province. “BC needs an enforcement agency to protect farmed animals that is accountable to the public, not a private charity that is unfit for the role and only answerable to its board of directors,” said Amy Soranno.In the first week of trial, Justice Verhoeven effectively blocked the defence from showing the jury any video footage of animal cruelty at Excelsior, including the footage the activists were tried for exposing. The judge also prevented them from arguing that the hog farm had engaged in unlawful animal abuse, which foreclosed on testimony from expert witnesses the defence had intended to call to the stand. “Without the ability to enter video evidence of animal abuse, the legs were cut out from under several of the defences we had been planning to raise,” said Soranno’s legal counsel Leo Salloum.Also in the first week of trial, Excelsior Hog Farm co-owner Calvin Binnendyk told the jury that the 2019 protest was “hard to deal with,” and resulted in “quite a few sleepless nights.” Binnendyk painted his family as the “victims.” Yet, newly released video footage depicts the Binnendyks joking around while dozens of protesters are occupying their farm.Notably, the footage of the Binnendyks came from one of the farm’s exterior CCTV cameras, illustrating the Binnendyks’ priority to capture video on the outside—but not the inside—of their farm. During the Excelsior 4 trial, the BCSPCA joined the demands of activists for CCTV cameras at federal slaughterhouses across the province.At the conclusion of the trial—the day the jury found Soranno and Schafer guilty—one of the jurors came to court wearing a shirt that read, “Make Canada Great Again.” The Canadian Anti-Hate Network called the phrase “a far-right slogan, copying Trump’s far-right MAGA movement,” according to a recent statement the group made. Besides being a slap in the face to activists who simply wanted to expose animal cruelty, case law indicates that an appearance of bias by jurors may be sufficient grounds to reverse a conviction.The sentencing hearing for Soranno and Schafer comes more than three years after the exposure of animal cruelty at the Excelsior Hog Farm, yet the Binnendyks have never had to answer for the video footage clearly depicting animal abuse. “The fact that we face jail time while Excelsior Hog Farm is free to continue its abusive practices is a mockery of justice,” continued Soranno. “Despite the consequences we face, we will continue to shine a light on the criminal animal abuse taking place at Excelsior, and the failure to hold them and other factory farms accountable.”To learn more about the Excelsior 4 case—how industry has avoided accountability, how the police mishandled evidence, and how the Crown is criminalizing activists—watch this 7-minute video: https://youtu.be/FJGAI02SWzw. Additional information can also be found at the Excelsior 4 website: https://excelsior4.org.

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Ceiling high for Vancouver Whitecaps midfielder Ahmed: Canada coach

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VANCOUVER – Jesse Marsch issued Canada’s men’s soccer squad a challenge — get physical.

The edict came after the Canadians surprised many at this summer’s Copa America tournament, making it through to the semifinals. As his players departed for their professional clubs, the head coach wanted them thinking about continued growth.

“I challenged them to be more physically present in the matches that they played in,” Marsch said. “I’ve tried to encourage all the players to sprint more, to win more duels, to win more balls, to be more dynamic in matches.”

When Canada reconvened for a pair of friendlies last week, the coach saw some players had already heeded his call, including Vancouver Whitecaps product Ali Ahmed.

The 23-year-old midfielder started in both Canada’s 2-1 victory over the United States on Saturday and Tuesday’s 0-0 draw against Mexico.

“I’m really happy for him,” Marsch said. “I think he’s still young and still has a lot of room and potential to continue to grow.”

Playing under Marsch — who took over as head coach in May — has been a boon for the young athlete, currently in his second full season with Major League Soccer’s Whitecaps.

“Jesse has a very clear way of playing,” Ahmed said. “And I think the way we’ve been training and the way we’ve been growing as a group, it’s been helpful for me.”

The reward of getting minutes for a national team can spur a player’s growth, including Ahmed, said Whitecaps head coach Vanni Sartini.

“Of course that fuels him inside to say ‘Hey, I want to be a better player. I want to get to that stage,'” said Sartini.

Vancouver had six players — including Ahmed — away on international duty during its 0-0 draw against Dallas FC on Saturday. The absences are a good problem to have, Sartini said.

“Because we have players that are close to the national team, we have a lot of players that development is faster, better, bigger than it would have been if they hadn’t been called,” he said.

Born in Toronto, Ahmed came up through the Whitecaps’ academy system and played for Vancouver’s MLS Next Pro side before cementing his spot on the first team in 2023. He put up two goals and two assists across 22 regular-season games, and added another goal and another helper in 19 appearances this year.

Taking the next step will require the five-foot-11, 154-pound Ahmed to push himself physically, Marsch said.

“Tactically, he’s technically gifted,” the coach said. “I’ve told him he’s got to get in the gym more.

“There’s a lot of these little things where too many guys, they still look like kids and we need to help them look like men and play like men. And that’s what the high standards of the game are about.”

Marsch has quickly adjusted to recalibrating standards in his short time with Team Canada. Since taking over the squad in May, the coach said he’s learned the players are smarter and more capable than he originally thought, which forces the coach to constantly recalibrate his standards.

“That’s my job right now, to keep raising the level of the demands,” he said.

The way 40th-ranked Canada is viewed on the international stage is evolving, too.

“I think we’re changing the perception on the way we’re playing now,” he said. “I think beating the U.S. — it would have been nice to beat Mexico as well — the way we did, the way that we performed at Copa, I think teams are starting to look at us differently.

“Right now, I think we’re focused on ourselves. We’re definitely trying to be the best in CONCACAF and we have higher goals as well.”

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



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Lawyer says Chinese doping case handled ‘reasonably’ but calls WADA’s lack of action “curious”

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An investigator gave the World Anti-Doping Agency a pass on its handling of the inflammatory case involving Chinese swimmers, but not without hammering away at the “curious” nature of WADA’s “silence” after examining Chinese actions that did not follow rules designed to safeguard global sports.

WADA on Thursday released the full decision from Eric Cottier, the Swiss investigator it appointed to analyze its handling of the case involving the 23 Chinese swimmers who remained eligible despite testing positive for performance enhancers in 2021.

In echoing wording from an interim report issued earlier this summer, Cottier said it was “reasonable” that WADA chose not to appeal the Chinese anti-doping agency’s explanation that the positives came from contamination.

“Taking into consideration the particularities of the case, (WADA) appears … to have acted in accordance with the rules it has itself laid out for anti-doping organizations,” Cottier wrote.

But peppered throughout his granular, 56-page analysis of the case was evidence and reminders of how WADA disregarded some of China’s violations of anti-doping protocols. Cottier concluded this happened more for the sake of expediency than to show favoritism toward the Chinese.

“In retrospect at least, the Agency’s silence is curious, in the face of a procedure that does not respect the fundamental rules, and its lack of reaction is surprising,” Cottier wrote of WADA’s lack of fealty to the world anti-doping code.

Travis Tygart, the CEO of the U.S. Anti-Doping Agency and one of WADA’s fiercest critics, latched onto this dynamic, saying Cottier’s information “clearly shows that China did not follow the rules, and that WADA management did nothing about it.”

One of the chief complaints over the handling of this case was that neither WADA nor the Chinese gave any public notice upon learning of the positive tests for the banned heart medication Temozolomide, known as TMZ.

The athletes also were largely kept in the dark and the burden to prove their innocence was taken up by Chinese authorities, not the athletes themselves, which runs counter to what the rulebook demands.

Despite the criticisms, WADA generally welcomed the report.

“Above all, (Cottier) reiterated that WADA showed no bias towards China and that its decision not to appeal the cases was reasonable based on the evidence,” WADA director general Olivier Niggli said. “There are however certainly lessons to be learned by WADA and others from this situation.”

Tygart said “this report validates our concerns and only raises new questions that must be answered.”

Cottier expanded on doubts WADA’s own chief scientist, Olivier Rabin, had expressed over the Chinese contamination theory — snippets of which were introduced in the interim report. Rabin was wary of the idea that “a few micrograms” of TMZ found in the kitchen at the hotel where the swimmers stayed could be enough to cause the group contamination.

“Since he was not in a position to exclude the scenario of contamination with solid evidence, he saw no other solution than to accept it, even if he continued to have doubts about the reality of contamination as described by the Chinese authorities,” Cottier wrote.

Though recommendations for changes had been expected in the report, Cottier made none, instead referring to several comments he’d made earlier in the report.

Key among them were his misgivings that a case this big was largely handled in private — a breach of custom, if not the rules themselves — both while China was investigating and after the file had been forwarded to WADA. Not until the New York Times and German broadcaster ARD reported on the positives were any details revealed.

“At the very least, the extraordinary nature of the case (23 swimmers, including top-class athletes, 28 positive tests out of 60 for a banned substance of therapeutic origin, etc.), could have led to coordinated and concerted reflection within the Agency, culminating in a formal and clearly expressed decision to take no action,” the report said.

WADA’s executive committee established a working group to address two more of Cottier’s criticisms — the first involving what he said was essentially WADA’s sloppy recordkeeping and lack of formal protocol, especially in cases this complex; and the second a need to better flesh out rules for complex cases involving group contamination.

___

AP Summer Olympics:



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Shapovalov, Auger-Aliassime lift Canada over Finland 3-0 in Davis Cup tie

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MANCHESTER, United Kingdom – Canada’s top male tennis players have defeated Finland 3-0 in the group stage of the Davis Cup Final.

Denis Shapovalov of Richmond Hill, Ont., beat Eero Vasa 7-6 (2), 6-2 in Tuesday’s first singles match. Montreal’s Felix Auger-Aliassime then dispatched Otto Virtanen 6-2, 6-3 in the second singles match.

With the tie already won thanks to the two singles victories, Shapovalov and Auger-Aliassime teamed up to best Virtanen and Harri Heliovaara 6-2, 7-5 in doubles play.

There was an element of revenge after Canada lost to Finland in last year’s quarterfinals.

“Everybody’s in good spirits, so it’s very good,” Auger-Aliassime said. “Any motivation is good, but I think it’s a different year, a different time, and (last year’s loss) was behind us. This year we have a full team and everybody’s playing better than last year. Everybody’s improved.”

It’s the second consecutive group-stage tie Canada has won after beating Argentina 2-1 on Tuesday. Canada, the lone seeded team in Group D, will face host Great Britain on Sunday.

Four groups of teams are playing in four cities this week to qualify for the eight-team Finals in Malaga, Spain, in November. The top two countries in each four-team group advance.

Since Canada’s undefeated after two opponents in the group stage, it is set to advance to the Davis Cup Finals.

“Couldn’t ask for more today, super proud of the team,” said captain Frank Dancevic. “Great team spirit, amazing bench team spirit, and fans pushing us through the day.”

It is Canada’s fifth consecutive appearance in the Davis Cup Finals, having won its only title in 2022. The Canadians defeated South Korea 3-1 in February’s Davis Cup qualifiers in Montreal to reach the group stage of the finals.

— With files from The Associated Press.

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

The Canadian Press. All rights reserved.



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