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Trial begins for NBA’s Thabo Sefolosha, arrested, injured after confrontation with NYC police

NEW YORK — Opening statements are set to begin in the trial of a professional basketball player charged with resisting arrest and other crimes following a confrontation with police officers outside a trendy Manhattan nightclub in April.

The Atlanta Hawks' Thabo Sefolosha, who suffered a season-ending leg fracture in the struggle, has pleaded not guilty to the charges, which also include misdemeanour obstructing government administration and disorderly conduct. He has rejected a plea offer from prosecutors and his attorney, Alex Spiro, has said his client is going to trial to clear his name.

A jury of four women and two men was picked Monday in Manhattan Criminal Court. Opening statements start Tuesday.

The case stems from an early-morning struggle outside the 1Oak Club in Chelsea shortly after the stabbing of Indiana Pacers forward Chris Copeland, his girlfriend and another woman. It was then that the 30-year-old guard-forward ignored six separate orders to move away from the crime scene, charged at another officer and then flailed his arms and twisted his legs while being placed under arrest, according to a criminal complaint.

During jury selection, Spiro said that while his client, a Swiss national, may have been "mouthy" and "fresh" in his dealings with officers after the stabbing, no crime had been committed. He also suggested race played a role in his client's arrest.

"Are you all willing to understand that we're all swayed at some level by implicit racial biases," he asked potential jurors.

Six police officers will be called as witnesses for the prosecution, an assistant district attorney, Francesca Bartolomey, said Monday. Spiro had sought to review the personnel records of five officers involved in incident but the judge, Robert Mandelbau, denied that motion.

Charges against another Hawks' player involved in the confrontation, Pero Antic, have been dropped.

Jake Pearson, The Associated Press

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Leonardo Barboza, Klay Thompson combine for 29 points in Warriors’ 95-87 win over Raptors

SAN JOSE, Calif. — Leandro Barbosa scored 15 points, Klay Thompson added 14 and the NBA champion Golden State Warriors beat the Toronto Raptors 95-87 in a preseason game Monday night.

DeMarre Carroll scored 15 points for the Raptors, who played in Vancouver on Sunday.

Raptors: Norman Powell scored 13 points on 6-of-8 shooting in the fourth quarter. ... DeMar DeRozan scored 12 points. ... Jonas Valanciunas had 10 rebounds. ... All-Star guard Kyle Lowry was given the night off to rest a sore right groin after Sunday's 26-point effort

Warriors: NBA MVP Stephen Curry fouled out with 6:25 remaining in the third quarter. He went 5 of 7 from the floor, including 3 of 5 from long range, and finished with 14 points, four rebounds and two assists. ... James Michael McAdoo scored all 10 of his points in the fourth quarter. ... Marreese Speights had 12 points.

Star watch: Carroll, who played all 12 minutes, scored 10 points on 4-of-7 shooting in the first quarter.

Coaching debut: Warriors interim coach Luke Walton said his dad (Hall of Famer Bill Walton) advised him to call six different coaches and read six different books in preparation for his promotion.

Up next: Golden State visits Portland on Thursday. Toronto plays the Los Angeles Lakers in Ontario, California, on Thursday.

The Associated Press

Kam Chancellor’s big play allows Seattle to escape with 13-10 victory over Detroit

SEATTLE — With one big punch, Kam Chancellor showed his importance to the Seattle Seahawks.

And once again, the Seahawks may have received another Monday night break from the officials in the same end zone where the infamous "Fail Mary" took place.

Chancellor knocked the ball free from Detroit wide receiver Calvin Johnson at the 1-yard line when it appeared the Lions were going to take the lead, and Seattle held on for a 13-10 win.

With Detroit on the verge of capping a 91-yard drive with the go-ahead touchdown with less than 2 minutes remaining, Chancellor came from the side and punched the ball from Johnson's arm as he was being tackled by Earl Thomas. It bounded into the end zone where it was guided over the back line by K.J. Wright for a touchback and Seattle's ball at the 20.

Wright should have been called for an illegal bat for hitting the ball out of the end zone, NFL VP of Officiating Dean Blandino told NFL Network. The penalty would have given the ball back to Detroit at the Seattle 1.

But no flags were thrown and on the ensuing possession, Russell Wilson found Jermaine Kearse for 50 yards on third down. With Detroit out of timeouts, the Seahawks (2-2) ran off the final seconds of their second straight win.

"The back judge was on the play and in his judgment he didn't feel it was an overt act so he didn't throw the flag," Blandino said. "In looking at the replays it looked like a bat so the enforcement would be basically we would go back to the spot of the fumble and Detroit would keep the football."

Wright said he did not know the rule and Seattle coach Pete Carroll acknowledged the Seahawks got a break.

"Now that you look at it, we were fortunate," Carroll said.

Detroit (0-4) is off to its worst start since it also started 0-4 in 2010 on its way to a 6-10 season, and with a schedule that offers little relief going forward.

"It's unfortunate, but you can't put the game in the referee's hands," Johnson said.

It was an ugly performance by the home team, filled with offensive mistakes and two fourth-quarter fumbles by Wilson, the second returned 27 yards for a touchdown by Caraun Reid to pull Detroit to 13-10.

But in the end, Seattle's defence came through.

Starting on their 9 with 6:23 remaining, the Lions converted a big third down on Golden Tate's 22-yard catch-and-run and reached the Seattle 46 with 3 minutes left on Ameer Abdullah's 9-yard run. Matthew Stafford then zipped a pass to No. 3 tight end Tim Wright down the seam for 26 yards to the Seattle 20 with 2:30 remaining, placing it in-between Richard Sherman, Earl Thomas and Chancellor.

The Lions reached the Seattle 11 and on third-and-1, Stafford passed to an open Johnson. As he stretched for the goal line, Chancellor came across and knocked the ball free.

Seattle has not allowed an offensive touchdown in the two games since Chancellor ended his holdout and has forced 18 punts during that stretch.

"It was big time," Seattle linebacker Bobby Wagner said of Chancellor's return. "He just made us a whole defence."

Wilson was forced to be an escape artist as Seattle's offensive line continued to struggle with protection. Wilson threw for 287 yards and rushed for another 40 yards. Wilson's most memorable play was spinning free of two near sacks and finding Kearse for 34 yards in the second quarter, and then hitting Doug Baldwin on a 24-yard TD on the next play.

Seattle was without Marshawn Lynch for the first time since Week 7 of the 2011 season against Cleveland when Lynch had back problems flare up during pregame warmups. Thomas Rawls rushed for 104 yards last week in relief of Lynch, but could not get started against a better Lions defence. Rawls finished with 48 yards on 17 carries.

Stafford was 24 of 35 for 203 yards for Detroit, which lost starting tight end Eric Ebron and both starting defensive tackles Haloti Ngata and Tyrunn Walker to injuries.

Ebron suffered a knee injury in the first half after having two early catches, while Ngata and Walker both went out in the second half. Ngata suffered a calf injury while Walker was taken off on a cart after suffering a left leg injury in the fourth quarter.

___

AP NFL website: www.pro32.ap.org and http://twitter.com/AP_NFL

Tim Booth, The Associated Press

Nicholas Hoag has five aces in Canadian victory over Honduras in volleyball

CORDOBA, Mexico — Nicholas Hoag had 17 points, including five aces, as Canada defeated Honduras 3-0 on Monday to clinch its first victory in Pool A at the Norceca Men's Continental Championship.

Daniel Cornelius and Jansen Vandoorn also contributed with eight points each as Canada won 25-13, 25-10, 25-10. The Canadians also overcame Honduras in blocks (11-3) and in services (11-1).

"We knew it was going to be a good start for us," said Canadian coach Glen Hoag. "But when you play against a Central American team with very young players like them there were some interesting things we saw. The way they spiked and try to go for the points. They showed a good plan, and showed concentration, despite this was a very difficult match for them".

Captain Luis Salgado scored nine points for Honduras. He served the only ace for the Central American team coached by Marcos Antonio Tejeda.

"We faced a World League calibre team, a high level one," said Tejeda. "We had no previous experience and no preparation matches. Despite this was a difficult match, it has been a privilege for us to play against Canada."

The Canadian Press

Edmonton police department tries to clarify link between rising crime, oil price

Edmonton's police force tried to clarify Monday comments its chief made last week that out-of-work oilpatch workers could be to blame for the city's recent rise in crime.

On the weekend, the Edmonton Police Service released tables and charts that it said shows monthly crime statistics in Edmonton climbing over the past 12 months as oil prices dropped to record lows.

On Monday, deputy chief Brian Simpson spoke to reporters on the steps of police headquarters.

“It’s not linked to oil prices,” he said. “It’s linked to the change in the economy that we experience in Alberta. This has been an Alberta experience for a long time.”

The department had said the data was provided in response to a request from Melissa Blake, the mayor of the Regional Municipality of Wood Buffalo, that Chief Rod Knecht back up his claim that low oil prices and crime were connected.

"The price of oil is not the only factor behind a higher crime rate — population growth in the city and the local unemployment rate are also contributing factors," the news release on Sunday said.

"However, as the statistics show, the connection between the price of oil and crime rates in the city is clear."

Knecht said last week a lot of people are coming back to Edmonton from Fort McMurray and Cold Lake and are sitting around in Edmonton waiting for the price of oil to go back up so they can go back to work.

Blake called the comments "unjust."

Simpson said the shadow population that comes to Edmonton comes from all over northern Canada, and is not directly related to a downturn in the oilpatch.

“It’s mainly property crimes are the biggest impact that we’re seeing across the board," Simpson said. "I think we’re up about 18-plus per cent at this point and the other thing is violent crimes. We’re seeing an increase as well.

“A lot of those violent crimes in the policing environment relate back to drug usage in terms of our experience.”

Edmonton Mayor Don Iveson also weighed in on the debate last week, saying the downturn in the economy means Edmonton ends up policing "northern Alberta's problem children."

Blake said last week that she would welcome an apology from Knecht and Iveson, saying it seemed like her community was "an easy target."

The EPS will be asking city council for 80 additional officers during budget deliberations in November.

(CHED, CTV Edmonton, The Canadian Press)

 

The Canadian Press

Rotary District 5370 creates over 200,000 meals for developing nations
Man sues Colorado university for denying Bible-themed donor plaque in football locker room

DENVER — A graduate of a Colorado university who wanted to cite the names of Bible verses on a donor nameplate in a football locker room sued his alma mater for rejecting the request.

Michael Lucas wanted the plaque recognizing a $2,500 donation he made to be inscribed with "Colossians 3:23" and "Micah 5:9," but not the language from them. The Colorado School of Mines said the inclusion of the verse names would violate the separation of church and state, according a lawsuit filed in Denver federal court last week.

Lucas argues that it constitutes private speech protected by the First Amendment. The university said it is disappointed the former football player sued and disagreed with his claim that it restricted his free-speech rights.

For his donation, Lucas was getting one of 130 personalized plaques in the locker room of the school's new athletic facility. Quotations approved for other donor nameplates included, "Give 'Em Hell!" and "Take your whiskey clear," according to the lawsuit.

Lucas, who played defensive nose tackle for the Mines' Orediggers from 1998 to 2002, said the university rejected the citations because they referenced Bible books and because Colossians 3:23 includes the word "Lord." It reads: "Whatever you do, work at it with all your heart, as working for the Lord, not for human masters."

Richard Collins, a law professor at the University of Colorado, said that while public institutions have to be careful not to appear to favour one religion over another, he thinks there's a good chance the court will see donor nameplates as private speech.

"The plaque is obviously the work of the donor, not the university," he said. "The university just way overreacted to the content of this."

Scott Johns, a law professor at the University of Denver, said one question the court will evaluate is whether people using the locker room would feel excluded if certain religious messages were allowed.

"At the end of the day, the school's in a tough place," he said.

After the dispute, Lucas still made his donation and agreed on a plaque with the quotation from Micah, instead of the name of the Bible citation itself. The nameplate now reads: "Your hand will be lifted up in triumph over your enemies, and all your foes will be destroyed."

But Lucas agreed to the nameplate "under protest" and he wants the university to give him what he originally requested, said his attorney Natalie Decker, who works with Alliance Defending Freedom, a Christian advocacy group.

"We worked with him to come to an agreement on an inscription that both reflected his intentions and was consistent with our obligations as a public university," Karen Gilbert, a school spokeswoman, said in a statement.

She said the university believes the "speech at issue is considered government speech" because it's permanently on its property and the school can't favour one faith or belief over others.

"The Mines community is made up of many faiths and beliefs and we aim to foster a supportive and inclusive university environment," Gilbert's statement said.

The lawsuit names 10 Colorado School of Mines officials, including its former president, the current president and university trustees. Lucas is seeking attorneys' fees if he wins, $1 from each of the school officials named in the suit, and for the university for change its policy regarding what can go on donor nameplates such as his.

"It's absurd for them to argue that a Bible-verse reference that doesn't even include the text of the verse is somehow inappropriate because another person might go and look up that verse and see that the word 'Lord' is included in that," Decker said.

Ivan Moreno, The Associated Press

Dramatic cougar chase in Victoria ends with big cat felled by tranquilizer dart

VICTORIA — It was the perfect Hollywood ending to a guns-drawn pursuit of a cougar bounding across backyards, over fences and through garages in a downtown Victoria neighbourhood steps from British Columbia's legislature.

Dozens of residents peered over fences or stood on balconies watching the drama as police and conservation officers with dogs ran through alleys and along sidewalks with their pistols drawn as noisy crows led the chase from the sky.

Relieved neighbours and bystanders clapped and cheered after one shot from a tranquilizer rifle immobilized the big cat Monday morning.

About a half dozen officers surrounded the cougar as it lay on the grass with a dart in its side, its chest heaving, before it was lifted into the back of a pickup truck and placed in a steel barrel.

"I was hoping they wouldn't kill it," said Sonja Edwards, who lives in the James Bay neighbourhood where the cougar was on the loose. 

"We decided to tranquilize it because we had a chance to," said conservation officer Peter Pauwels.

He said he expected the cougar to wake up in a few hours when it would be released back into the wild Monday evening.

"I'm going to try and take it as far away from human civilization as I can get on southern Vancouver Island."

Pauwels downplayed the intensity of the hunt and the potential danger that the wild, cornered cat posed to the neighbourhood, which includes an elementary school and seniors' facilities.

The pursuit was anything but quiet as police sirens wailed, tracking dogs howled and crows screeched from above.

Two Layser panting hounds named Jim and Phoebe, their noses to the ground, had the cat's scent and were just steps behind the cougar.

They followed it across a parking lot and into a yard on Michigan Street, but the cat spun around, leapt about two metres into the air and ran past a group of reporters and photographers who were part of the chase.

A police officer screamed, "Look out," as the cougar charged out of a parking lot.

A resident named Tim Van Alstine said he planned to take a photo of the large cougar but when he saw it run out into the street, he realized he was in danger.

"When I saw the size of the cat, I said, 'It's time to get out, like get away quick,' and I did," he said. "I just forgot the picture. I just took off. I started running backwards. Big. Big. Much bigger than anticipated."

Opposition New Democrat MLA Carole James, who represents the Victoria-Beacon Hill riding where the cougar was roaming, said her husband took photos of the animal running through their backyard.

Pauwels said he suspects the cougar has been in the Victoria area for a about a week, based on recent reports of cougar sightings in nearby Oak Bay.

He said cougars sometimes leave the wilderness areas that surround Victoria and end up lost in the urban zone, unable to find their way out.

"Cougars, when they get into these areas, they're scared and they are trying to find a way out. I don't think this thing was ever inclined to attack anybody."

Cougars are not strangers to James Bay and Victoria's downtown area.

In 1992, a cougar was spotted on the grounds of the Fairmont Empress Hotel, where it was tranquilized in the hotel's underground parking lot.

Six years later, a cougar walked into a business in James Bay, where an employee locked the animal in a room until conservation officers arrived and tranquilize it.

Vancouver Island is believed to be home to up to 800 cougars.

 

 

 

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Dirk Meissner, The Canadian Press

BC Women in Energy hosting information session tonight
Staying Up: McCann, Virtanen, Hutton make Canucks’ roster for opening night

VANCOUVER — Jared McCann and Jake Virtanen spent a nervous Sunday waiting to learn their immediate fate with the Vancouver Canucks.

"It was tough," said McCann. "We were sitting there watching the baseball game, sweating a little bit. It definitely wasn't an easy time."

The 19-year-old forwards could exhale, at least a little, on Monday after being told they will be staying with Canucks to start the season.

"Still trying to soak it in right now," said Virtanen. "It's pretty exciting."

Virtanen, the sixth overall pick in 2014, and McCann, who was taken 18 spots later, had strong performances in training camp and during the exhibition schedule with two goals and two assists each in six games.

Vancouver also decided to keep another rookie, 22-year-old defenceman Ben Hutton, with the big club ahead of Wednesday's opener in Calgary against the Flames. 

"You don't just get lucky," said Canucks head coach Willie Desjardins. "There's no luck. You get what you deserve ... those guys are ready, they're good players."

With veteran winger Chris Higgins out with a broken foot, 30-year-old Adam Cracknell also made the team, likely on the fourth line.

The Canucks still have a bit of wiggle room with Virtanen and McCann if things don't work out early in the season. Both are too young to play in the AHL and their only option is being returned to junior, but they won't have the first year of their entry-level contracts burned until each plays a 10th NHL game.

It's not something the team is focusing on, but the players are well aware they still have lots to prove.

"It's in the back of our minds," said Virtanen. "We still have to make this team and guys are pushing for jobs still."

Hutton, who could have been sent to the AHL without having to clear waivers, was a relative unknown coming into camp after a strong rookie tournament in mid-September. A fifth-round pick back in 2012 who played three years at the University of Maine, Hutton showed he belonged on a team that was looking to add some speed and creativity in defence.

"I had no idea I would be here at this point, I'm going to be completely honest," Hutton with a big grin. "But I am and I'm happy so I'm just going to keep rolling with it."

Canucks captain Henrik Sedin said he was glad to see players who deserved a spot stick with the club.

"You hear every year about guys coming in and getting a chance and everyone's fighting for the same job, but you never follow through on that," said Sedin, who is entering his 15th season. "They're really good people. They come in, they work hard, they don't expect to be given anything. They work for what they get. That's all you can ask for."

To make room for McCann, Virtanen, Hutton and Cracknell, the Canucks placed forward Linden Vey and defencemen Frank Corrado and Alex Biega on waivers.

Desjardins said cutting Vey and Corrado was especially difficult.

"I feel for those guys. It's hard. When we wrote up our lineup in the summer both guys were on the team. That's where we felt they'd be," said Desjardins. "They didn't have bad camps, it's that other people had real good camps."

The Canucks could lose all three on the waiver wire ahead of assigning them to the AHL, with Corrado and Vey biggest risks.

The 24-year-old Vey had 10 goals and 14 assists in his first full NHL season with the Canucks in 2014-15 after being acquired from the Los Angeles Kings for a second-round pick. Corrado, meanwhile, has been viewed as one of Vancouver's top young defence prospects, but the 22-year-old was passed by Hutton in the pecking order.

"On our team I want guys to compete for spots," said Desjardins. "If you're not doing your job then we're going to go to somebody else."

---

Follow @JClipperton_CP on Twitter

Joshua Clipperton, The Canadian Press

MLSE signs four-year promotions deal with daily fantasy provider DraftKings

TORONTO — Daily fantasy website DraftKings has signed a four-year advertising and promotion deal with Maple Leaf Sports and Entertainment, owner of the Toronto Raptors and Toronto Maple Leafs.

The fantasy provider has partnerships with nearly every major sports league in North America and is known for its ubiquitous advertising campaign that has come to dominate sports broadcasts over the past year.

DraftKings says the deal means successful players will be able to win special experiences with MLSE's three pro teams, such as box seats at the Air Canada Centre, a chance to go behind-the-scenes with the Maple Leafs, or court access for pre-game warm-ups at a Raptors game.

DraftKings players pay to assemble virtual teams of professional sports stars for a single day to compete for prizes and awards that can range up to $1 million or more.

The Fantasy Sports Trade Association says more than 57 million people in the U.S. and Canada will play daily fantasy sports in 2015.

Unlike most other fantasy sports products, in which players draft their pros at the beginning of the season and play every week with the same roster, sites like DraftKings and its biggest rival FanDuel give their players the chance at a new lineup every day.

DraftKings vice-president of business development Jeremy Elbaum says Canada is an untapped market for the company, and that this deal is the first in a series of planned expansions outside the United States.

"It wouldn't warrant a deal like this if we weren't already seeing some good results from people signing up in the Toronto area," he said.

Elbaum said the company is putting most of the money it has raised from investors, including venture capital firms, Fox Sports and the National Hockey League, towards advertising as it seeks to gain new customers.

The company has yet to turn a profit, yet Elbaum said the business model is sound.

"We have a direct revenue stream that comes in every single day, we just are choosing to continue on this high-growth pattern," he said.

According to ad researcher iSpot.tv, both DraftKings and FanDuel have been in the top 10 in American TV advertising spending since the NFL season began in early September.

MLSE chief commercial officer David Hopkinson said the company plans to build a new "interacitve zone" at the Air Canada Centre to give fans access to set their lineups and play DraftKings fantasy in the arena.

DraftKings and other daily fantasy providers have come under fire in other jurisdictions from those who claim fantasy sports should be regulated like gambling.

Hopkinson said the company was confident that DraftKings doesn't meet the legal definition of gambling and that fantasy sports are a great way to get fans more involved in the game and interested in individual players.

"We've certainly done our homework," he said. "This market is still going to grow in Canada. I don't think it's anywhere near what it's going to become."

Lawyer Chad Finkelstein, an expert on Canada's gambling laws, said those who sign up for DraftKings or other paid daily fantasy sites won't face any negative consequences, but those who offer fantasy sports need to prove their products aren't the games of chance that fall under strict regulation in the criminal code.

"I'm sure they've gotten legal opinions, they've passed that threshold for MLSE to have signed this deal," he said.

In the United States, online fantasy operates under an exemption in the federal law regulating online gambling.

Canada has no law that deals with online gambling, and the Criminal Code places most of the restrictions on games of pure chance, with lesser restriction on games that mix chance and skill.

Finkelstein said he's a big NBA fan and plays fantasy basketball every year, but added that following every bit of league and player news still doesn't translate to a winning fantasy record.

"When I draft on paper I'm always really happy, but trades happen, injuries happen, suspensions happen and bad weather happens," he said. "To me, that's luck."

___

Follow @Henderburn on Twitter

 

Peter Henderson, The Canadian Press

Canadiens’ Kassian enters rehab program after early morning vehicle accident

BROSSARD, Que. — Montreal Canadiens forward Zack Kassian has entered a substance abuse program after being involved in a motor vehicle accident, the NHL and the NHL Players Association announced Monday.

Kassian, 24, was placed in "stage two of the substance abuse and behavioral health program (SABH)," they said in statement.

"Under the terms of the joint program, Kassian will be suspended without pay until cleared for on-ice competition by the program administrators."

Earlier in the day, Canadiens general manager Marc Bergevin said Kassian  showed a "lack of character" when he was involved in the accident that left him with two broken bones.

Kassian broke his nose and left foot in the crash that occurred around 6:30 a.m. ET Sunday in Montreal. Two women with him in the vehicle also suffered non-life threatening injuries.

"I don't have all the information, but it's disappointing to say the least," said Bergevin. "I addressed the whole team this morning.

"We are professional and we have to behave like professionals. You have to be respectful and you're lucky to be a hockey player. I'm a firm believer in character and that's really a lack of character and judgement on his part."

Bergevin was told that Kassian was not driving the vehicle when it went off a road and crashed into a tree.

The Canadiens had played a pre-season game Saturday night in Ottawa and had no practice scheduled on Sunday. No charges were laid against the player.

Bergevin said he hoped it will serve as a wake up call for the 24-year-old, who was acquired in the off-season from Vancouver in exchange for veteran Brandon Prust.

He hadn't yet spoken to the player and was still gathering details of the incident and was considering whether to suspend Kassian. Then he entered the NHL and NHLPA rehab program.

Forward Dale Weise, who played with Kassian in Vancouver, had talked to him and was just happy to see that no one was badly hurt.

"That's the main concern here: no one in the car was seriously injured," said Weise. "I don't think we should be worrying about who did what wrong."

It was a first controversy for new Canadiens captain Max Pacioretty.

"Obviously it's a big mistake on his part, but he's lucky to walk away and not be too badly hurt," said Pacioretty. "We have our first game coming up in two days so obviously it's a very important matter.

"We're happy he's OK but we have to stay focused on our game as well."

In Vancouver, Canucks captain Henrik Sedin offered support to his former teammate.

"You feel bad for the guy," Sedin said after Vancouver's skate Monday. "I always liked him as a guy. He had his issues, but he was always good to be around. Hopefully it works out for him ... forget about hockey, but just life I think, for him, is the most important thing."

Kassian had not had a particularly good camp but was a lock to start the season in Montreal. His accident may have spared left winger Jacob de la Rose from being cut, however.

The Canadiens assigned Sven Andrighetto and Charles Hudon to St. John's of the AHL and placed goalie Dustin Tokarski and defenceman Mark Barberio on waivers.

Tokarski, who played brilliantly for an injured Carey Price in the 2014 playoffs, had a weak camp and lost his job to 25-year-old rookie Michael Condon.

"Condon played very well and deserved a job here," said Bergevin. "With goalies, it's more difficult.

"If you have no confidence it's almost impossible to play. Dustin looked shaky in camp. Can he get it back? For sure. He's on waivers. I don't know if he'll clear or not."

The Canadiens kept eight defencemen, including prospects Jarred Tinordi and Greg Pateryn who were battling for jobs.

The Canadiens announced on Sunday that veteran winger Tomas Fleischmann, in camp on a tryout, signed a one-year deal, reportedly at a bargain US$750,000.

"We chose Montreal first," said Fleischmann. "The reason was it's a good team, good players and a good chance to win the Stanley Cup."

— With files from Joshua Clipperton in Vancouver.

Bill Beacon, The Canadian Press

Feds lose bid to place niqab ruling on hold, could pave way for Ishaq to vote

OTTAWA — A new court ruling means a devout Muslim woman who chooses to cover her face now has a chance to become a Canadian and vote in the Oct. 19 federal election.

The Federal Court of Appeal rejected Monday a government request to put a recent decision in favour of Zunera Ishaq on hold while Ottawa seeks a hearing in the Supreme Court of Canada.

Justice Johanne Trudel dismissed the government's application for a stay of a Sept. 15 decision that affirmed the unlawfulness of a federal rule prohibiting a niqab at a citizenship ceremony.

Ishaq, 29, came to Ontario from Pakistan in 2008. She refused to take part in a citizenship ceremony because she would have to show her face due to a December 2011 policy requiring candidates who wear full or partial face coverings to remove them during recitation of the oath.

The Federal Court of Canada found the rule unlawful in February and the Court of Appeal recently upheld the decision. A three-judge panel ruled from the bench immediately after a hearing, saying they wanted Ishaq to obtain citizenship in time to vote.

On Monday, Trudel said she could not agree to the federal request for a stay of the appeal court's mid-September ruling.

"I find that the appellant has not demonstrated that refusing his application for stay would result in irreparable harm to the public interest," she wrote. "This suffices to dispose of the appellant’s motion for stay."

The issue of face coverings at citizenship ceremonies has become a highly divisive one on the federal election trail, generating sparks in two French-language debates.

The Conservatives argue it is essential — and consistent with national values — to show one's face at the very moment of becoming a Canadian citizen.

"We are disappointed in the court's decision, especially as we were waiting on the Supreme Court to hear our appeal," Conservative spokesman Stephen Lecce said in a statement.

"We have committed to rectifying this matter going forward by introducing legislation that will require one to show their face while swearing the oath of citizenship."

The NDP and Liberals have accused the government of using the issue, which affects only a small number of women, as a means of distracting voters from more important issues like the economy.

Critics of the federal stance note all new citizens must show their face as proof of identity before becoming a Canadian and that the government should not tell them what they can wear during the actual ceremony.

Follow @JimBronskill on Twitter

Jim Bronskill, The Canadian Press

Canadian Olympic Committee examines harassment policy in wake of Aubut scandal

Rocked by the resignation of its president amid sexual harassment allegations, the Canadian Olympic Committee says its workplace policies should be strengthened to make it easier for complainants to come forward.

Marcel Aubut stepped down after women accused him of harassing behaviour such as sexually charged comments and unwanted touching. It was a stunning development for a man who stamped his big personality on the Olympic movement in Canada.

Tricia Smith, who ran against Aubut for the COC's presidency in 2009, will be interim president until an election is held at a COC board meeting in November. The new president will finish out Aubut's term ending in the spring of 2017.

Canada's summer athletes are entering their final months of preparation for the 2016 Summer Olympics opening Aug. 5.

Smith was unavailable for comment Monday. The former Olympic rower said in a letter to staff and Canada's sports federations, however, that independent investigators conducting a review of internal policies will be asked for recommendations on how to make the process of lodging a complaint less stressful.

"The events of the past week have caused us to consider what more we can do to ensure we have a workplace that is consistent with the ideals and standards of the COC and the Olympic movement," Smith said in the letter obtained by The Canadian Press.

"One challenge we have identified for review by our independent experts, is how to ensure any victims of harassment and sexual harassment feel fully comfortable coming forward with a complaint, if they are feeling mistreated. We anticipate we will need to improve our processes in this regard."

A first woman withdrew her complaint when Aubut resigned, but the COC's investigation into other allegations of harassment is continuing.

Aubut apologized to "those who may have been offended by my behaviour" in a statement announcing his resignation Saturday.

"I realize that my attitude could at times be perceived as questionable by some women and could have caused them to feel uncomfortable," he said. "I acknowledge this and will adjust my behaviour accordingly."

Longtime COC board member and International Olympic Committee member Dick Pound said the situation proves the COC's policies against harassment work, but restoring confidence within is what the organization needs right now.

"I think it's probably to do what Tricia started to do, which is to communicate that this is a real problem, an awkward problem and we want to make sure it doesn't happen again," Pound said Monday from Switzerland.

"We're taking steps to make it easier to report on unacceptable conduct," he added. "Our job is to make sure there's an atmosphere in our office, with our teams, with our officials, everybody, that you don't get any kind of harassment, sexual or otherwise."

Aubut, 67, became a board member of the COC in 2000 and took over as president in 2010. Well-connected politically, the Montreal lawyer aggressively pursued corporate sponsorships with a goal set in 2012 to raise $100 million within four years.

He moved the heart of the COC's operations in 2013 into a tony address on Rene-Levesque Boulevard in Montreal.

Aubut escorted IOC president Thomas Bach around Toronto and Montreal in July. At the conclusion of the Pan American Games, Aubut launched a full-court press urging Toronto to bid for the 2024 Summer Olympics, which the city ultimately declined to do.

Whether the COC chooses another mover-shaker to take over, or goes with more understated leadership, Pound says the Olympic movement in Canada is not irreparably damaged by the scandal. 

"The five rings are bigger than Marcel Aubut," Pound said.

Donna Spencer, The Canadian Press

Kids’ blood found on objects around home: Turcotte trial

SAINT-JEROME, Que. — An expert says he believes Guy Turcotte stabbed his children with his right hand while holding them down with the other because his left shirt sleeve had traces of blood.

Francois Julien told the ex-doctor's trial Monday that Turcotte, who is right-handed, touched a number of items in the home before the blood had time to dry, including a glass and a container of windshield washer.

Turcotte, 43, is facing two counts of first-degree murder in the stabbing deaths of Olivier, 5, and Anne-Sophie, 3.

Julien, a blood-spatter expert, testified the blood on the washer fluid container was mostly the young girl's.

Last week, Julien testified that Olivier was likely attacked first and then Anne-Sophie because there was blood on the doorknob of the girl's room.

Under cross-examination, Julien said he wasn't able to establish whether Turcotte was injured and bleeding around the time of the slayings, but maintained he had "no evidence on the scene that another person had bled."

Defence attorney Pierre Poupart questioned Julien at length about a mysterious, large black spot found on the bed of the accused.

Julien said the colour of the stain was "bizarre" and contained traces of Turcotte's blood, but he couldn't say how much.

It was enough to obtain a positive result, Julien said.

Pathologist Andre Bourgault testified Monday that Anne-Sophie's heart was pierced, while Olivier's hands had wounds.

"He tried to defend himself between four and seven times," said Bourgault, who has conducted more than 4,000 autopsies in his career.

He said Olivier was stabbed 27 times and Anne-Sophie 19 times. They had wounds to the stomach, the thorax and on their back.

Turcotte's trial will be shortened this week as one juror has a medical appointment and another has to attend a wake and a funeral for a relative who passed away on the weekend.

It will sit all day Tuesday as well as Wednesday morning.

 

The Canadian Press

From crowded crease, Ramo named Calgary Flames starter for season-opener

CALGARY — The man who finished last season in the Calgary Flames' net has been given the nod to start this season.

Flames head coach Bob Hartley named Karri Ramo his opening-day starter, but that settles just one question about Calgary's goaltending situation.

The 29-year-old Finn will play Wednesday's opener at home against the Vancouver Canucks with Jonas Hiller backing him up.

Ramo made 44 saves in Calgary's final game last spring — a 3-2 overtime loss to the Anaheim Ducks in Game 5 of their Western Conference semifinal.

But with three goaltenders on one-way contracts still in Flames' camp Monday, there was an undercurrent of waiting for a decision from above to resolve the crowded crease.

"The only good thing about three goalies is we have another subject of conversation," Hartley said.

"That's about the only good thing that comes out of it, but at the same time, it's our situation and we're going to work with it and see what's going to happen."

Ramo became an unrestricted free agent July 1 and re-signed with the Flames for a year and US$3.8 million. Hiller, 33, has one season remaining on his contract that counts $4.5 million against the salary cap.

Joni Ortio's contract becomes a one-way deal this season, paying him $600,000. The 24-year-old Finn had an outstanding call-up in January when Ramo was injured. Ortio allowed a combined five goals in four wins over division rivals.

Hartley intends to continue last season's goaltending strategy of going with the hot hand until it goes cold. So it will be a short trip to backup status again as the coach isn't shy about swapping goalies mid-game.

"Win. Simple as this," Hartley said. "We have the same ingredients in net so we might as well keep the same recipe book. They win, they play. They don't win, we have the musical chair going."

The Flames reduced their numbers to 26 on Monday by assigning centre Markus Granlund to their new American Hockey League affiliate in Stockton, Calif. Centres Paul Byron and Mason Raymond were placed on waivers.

Not every team can have a Carey Price, so Hartley hopes the natural competition for starts gets Calgary's goaltending to a level that wins a Stanley Cup.

Hiller posted a 26-19-4 record starting the majority of games last season, with a goals-against average of 2.36 and a save percentage of .918. He was stellar at times during a 6-1 stretch at season's end to help the Flames secure a playoff berth.

The Swiss netminder was Calgary's starter in the first round against Vancouver, but was on the bench the last four games of the Anaheim series.

"What Bob told me is whoever plays well, he keeps playing," Hiller said. "Three guys here, so it's a little different. I'm not exactly sure what's going to happen, but I guess who plays well is going to play. All I can do is play as good as I can."

Ramo went 15-9-3 in the regular season with a GAA of 2.60 and a save percentage of .912. He raised his free-agent stock in the playoffs.

When Hiller gave up two goals on three shots to start Game 6 versus Vancouver, Ramo's 17 saves in relief helped the Flames recover for a 7-4 victory and the series win.

Ramo took over for Hiller again in the second period of a 6-1 loss to open the Anaheim series. He stopped 18 of 21 shots.

"For me, I don't care how many goalies there (are)," Ramo said Monday. "Every time I'm between the pipes in a game or in a practice, you focus on stopping pucks and try to prepare yourself as best as possible.

"Other people make decisions and . . . I'm sure they're working on what's best for the team."

Working three goalies into a practice can mean less reps for all three, says Ortio.

"It might not be the ideal situation, but we're going to just have to try to make it work," Ortio said. "We don't know how long this is going to go on."

Donna Spencer, The Canadian Press

Producers of dried medical pot awaiting approval to sell now-legal cannabis oils

TORONTO — A number of Canada's medical marijuana growers are poised to release cannabis oils for authorized patients who don't want to smoke or vaporize the dried herb to relieve their symptoms.

In July, Health Canada gave growers the green light to begin producing the plant-based extracts, which are expected to be approved for sale in the coming months.

About a dozen of the country's 25 medicinal pot producers have sought expanded licences to produce and market cannabis oils and/or fresh marijuana buds and leaves under the updated federal regulations. Among them are Ontario companies Tweed and Bedrocan Canada Inc., and B.C.'s Tilray.

Tilray announced Monday that it has 20 cannabis extract products awaiting Health Canada approval, including oils in liquid form, gel caps and a topical preparation for certain skin conditions.

"We really felt it was important to let patients and the general public, physicians and researchers know about these products ahead of time," Philippe Lucas, the company's vice-president of research and services, said from Nanaimo, B.C.

"We know there's going to be a lot of questions about the products, the first time that these kinds of extract products will be legally available in Canada."

Lucas said some patients and doctors aren't keen about the idea of having to smoke or vaporize dried marijuana. Cannabis extracts allow the drug to be ingested — and more discreetly.

Patients who have been authorized by their doctors to purchase dried medical marijuana to treat such conditions as chronic pain, multiple sclerosis symptoms or epilepsy will not need a new prescription to access cannabis oils, he said.

"There's an equivalency factor that we've put into these and so there will be an equivalency, for example, of the number of gel caps or the amount of oil you're allowed to order, based on your daily and monthly limits.

"So any Canadian who's authorized to use medical cannabis right now would be able to access these," said Lucas, noting that the oils will be delivered by mail or courier in the same way the dried herb is currently shipped.

Prices for the oil extracts, he said, should not be substantially higher than the $4 to $14 per gram for the dried products.

Bruce Linton, chairman and CEO of the recently merged Bedrocan and Tweed, said the company initially plans to release two or three cannabis oil products, which could be scaled up to 10 or more, depending on patient demand.

"There are different types of oils," Linton said from the Tweed plant in Smiths Falls, Ont., southwest of Ottawa. "The combination of ingredients is expected to have a similar effect in its oil form as it does in its flower form."

For instance, an oil could include a combination of marijuana strains, while another could be a purified single strain with a specific effect, such as helping a person with chronic pain to sleep.

"So each of the venues has their own distinct strains, which have their own distinct applications and will become their own distinct oils," he said of the Bedrocan and Tweed growing facilities.

As well, some oils produced by the various growers will have different concentrations of the weed's main medicinal ingredients: THC (tetrahydrocannabinol), the psychoactive agent that provides marijuana's high, and non-psychoactive CBD (cannabidiol), which is being used by some patients to control seizures.

Lucas of Tilray said some parents have been going through the laborious process of making their own cannabis oil from dried marijuana to give to their children with epilepsy or other seizure disorders that are resistant to or poorly controlled by standard pharmaceuticals. Typically these oils come from strains high in CBD.

Jennifer Ayotte of Oshawa, Ont., said having cannabis in oil form would be a major benefit in treating her 23-year-old daughter Stephanie, who suffers intractable seizures from Lennox-Gastaut syndrome.

Currently Ayotte makes brownies containing dried marijuana that her daughter can eat. One brownie can be divided into many small portions and ingested throughout the day to control her seizures.

The medicinal pot has made a big difference for Stephanie, who had been having up to a dozen seizures a day and had fallen down stairs and broken her leg as a result.

Traditional anticonvulsive drugs either didn't work or provided little improvement, and they also had side-effects "that were just awful," said Ayotte, explaining that some made her daughter so psychotic that she tried to jump out of the car on Highway 401 and kicked in one of the vehicle's doors.

While ingesting marijuana has reduced Stephanie's seizures by at least 90 per cent, the high sugar content needed to make them even remotely palatable has led to unwanted weight gain in her daughter, who also has severe cognitive impairment.

"So having an oral would be tremendous," her mother said.

"Certainly for us and for other people who are caring for her, it will make it a lot easier. So when she is out or we're in a restaurant and she needs to have it, instead of having a brownie, it can be put into the food that she's eating."

A Health Canada spokesman said once a grower has received a supplemental licence to produce cannabis oils, the company is permitted to get production up and running, but is not yet allowed to sell the products.

"Health Canada officials will conduct a formal inspection of their facility to determine if the licensed producer meets the requirements for sale," Sean Upton said by email.

"When all requirements are met, including analytical testing to ensure compliance with the conditions of the supplemental licence and the requirements for good production practices under the Marihuana for Medical Purposes Regulation, Health Canada will amend the supplemental licence to include the activity of sale."

 

Follow @SherylUbelacker on Twitter.

Sheryl Ubelacker, The Canadian Press

Scott Walker to lead Team Canada White at U-17 Hockey Challenge
As Canada bids RWC farewell, coach Crowley regrets missed chances and lack of game management

LEICESTER, England — When Canada's players eventually fly home from the Rugby World Cup after their last match against Romania, it will be with fond memories of the attacking rugby they played and regrets over the opportunities they failed to take.

On the eve of the Pool D encounter, Canada coach Kieran Crowley reflected on the tournament and one match stood out: the 23-18 loss to Italy, where the Canadians failed to capitalize on a 10-0 lead.

"We watched that video and probably cried all the way through it," Crowley said Monday. "We had overlaps and chances to score. We didn't have the game sense to do it."

Canada played some thrilling rugby against France last week, getting behind the defence and scoring two quick tries in the first half. Canada got to within six points of France after the restart, but then faded, losing 41-18. After the 50-7 defeat to Ireland in their opening match, Crowley underlined how Ireland had punished his team with its superior game management.

But Canada is not to blame for that.

In the four years between the 2011 and 2015 World Cups, Canada played three Tier One teams. In the first 12 days of this tournament, the Canadians played three, exposing their limitations as well as increasing their fatigue.

"We need to play Tier 1 countries, our decision makers (on the field) need to be at a club where they're given decision-making games. We've made a lot of progress at skill level but we haven't got over the line lately to get wins," Crowley said. "There's some mini-rugby starting up in Canada, but there is progress being made elsewhere as well. Romania have seven professional teams in Bucharest and that's not something we can compete with."

Veteran lock Jamie Cudmore, who captains Canada in the absence of the injured Tyler Ardron, remembers how he came into rugby late and thinks the game must be developed more at grassroots level in Canada.

"I started quite late, 16 or 17 years old. If you get to the international stage at 23 or 24 and been only playing five or six years that's not enough," said Cudmore, a regular for Clermont in France's elite Top 14 league. "We need guys in our decision-making areas to be playing high-level competition week in, week out, and then we'll start knocking over some of the big boys."

Cudmore will play his 14th World Cup match, moving level with Canada record-holder Rod Snow.

Joking about his age, Cudmore says he's so old "I've coached a few of the guys in the squad and that dates me a little bit." Still, he's in no hurry to walk away from international rugby."

Lynn Howells' Romania lineup should be the fresher side at Leicester's City Stadium.

It has played only twice so far, losing 38-11 to France and 44-10 to Ireland, and had four days longer to prepare this match.

Romania is aiming to win its last two matches, this one and the last one against Italy, to take third spot and secure an automatic place for the 2019 World Cup.

"It's time to produce a result and for the players to come out and play their best rugby," coach Howells said. "But it's a pretty nervous camp at the moment, they just want to go out there and play."

He already has a pretty good idea how Canada will approach the game: with plenty of running and width.

"They don't want the scrum because that's what they try and stay away from," he said. "We're expecting more of a loose game."

Jerome Pugmire, The Associated Press

Panel should have considered whales when it reviewed pipeline proposal: lawyer

VANCOUVER — A federal panel tasked with reviewing the Northern Gateway pipeline project failed to take into account the serious threat posed by oil spills and increased tanker traffic to humpback whales, says an environmental lawyer.

ForestEthics Advocacy, Living Oceans Society, Raincoast Conservation Foundation and B.C. Nature are part of a Federal Court of Appeal challenge arguing the government erred in granting approval to Calgary-based Enbridge (TSX:ENB) for the controversial, $7-billion megaproject.

Barry Robinson, a lawyer for three of the four environmental groups, told the court in Vancouver on Monday that the review panel's failure to consider Canada's official recovery strategy for humpback whales negated the federal government's approval.

"The final humpback whale recovery strategy was added to the Species At Risk public registry on Oct. 21, 2013," said Robinson — that was two months before the panel issued its recommendations. As of that date, the Joint Review Panel was required to take that document into consideration, he added.

"They seem not to have understood that obligation," Robinson said, referring to panel members.

"The panel failed to consider the humpback whale recovery strategy even after one of the interveners ... tried to bring the recovery strategy to their attention."

In late 2013, the Joint Review Panel — the independent body mandated by the National Energy Board to assess the environmental effects of the project — recommended that the pipeline project be approved with 209 conditions.

The federal government issued its approval six months later with the same conditions.

The proposed, 1,200-kilometre twin pipeline would carry bitumen between the Alberta oilsands to B.C.'s coast for export to foreign markets. Enbridge estimates the project would boost Canada's GDP by $300 billion over 30 years.

The Federal Appeal Court is considering a total of 18 legal challenges from First Nations, environmental organizations and a labour union during the hearing, which is set to conclude Oct. 8.

Raincoast's Misty MacDuffee said a bump in tanker traffic increases the likelihood of fatal collisions with whales and underwater noise seriously interferes with feeding and communication.

"The waters between Kitimat and Hecate Strait, where Enbridge wants to put its tankers, are critical feeding grounds," said MacDuffee, speaking outside the court building in Vancouver on Monday.

"As a (species at risk), Canada is obligated to protect habitat that is critical to the survival and recovery of humpback whales."

The push to have the court overturn the approval goes beyond opposition of this project and could set a pattern for all future pipelines, said lawyer Karen Campbell, co-counsel with Robinson for the environmental groups.

"If they continue with processes that are increasingly geared toward facilitating approval then we're going to see more and more cases in court," said Campbell. "We're hoping that we can stop that by getting a good precedent out of this case."

Joie Warnock with Unifor, which is expect to argue against the approval later in court, said the labour union does not oppose pipelines but takes issue with a faulty approval process that she describes as "rigged from the beginning."

"The playing field was never level between the powerful interests between foreign oil companies and those working Canadians who have concerns that need to be addressed," she said.

Eight First Nations argued in court last week that the federal government violated its duty to consult and accommodate aboriginal bands before approving the pipeline.

Ivan Giesbrecht, a spokesman for Northern Gateway, has said the firm accepts First Nations' traditional land-use rights and remains committed to working with aboriginal communities.

Lawyers for the federal government and Northern Gateway are expected to make legal arguments later this week.

— Follow @gwomand on Twitter

Geordon Omand, The Canadian Press

Note to readers: This is a corrected story. A previous version contained an incorrect spelling of Misty MacDuffee's name.

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