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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

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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.

Sharks forward Torres suspended 41 games for illegal check to the head

The NHL handed out one of its longest suspensions for on-ice conduct in league history by banning San Jose Sharks forward Raffi Torres 41 games for an illegal hit to the head of Anaheim Ducks forward Jakob Silfverberg.

Torres is one of the worst head-shot offenders in recent years, since the Department of Player Safety began cracking down on them.

It's the fifth suspension for Torres. He has also been fined three times and warned twice in 703 games, according to director of player safety Patrick Burke, who narrated the suspension video.

Torres had already been suspended for hits to the head of Jordan Eberle (April 2011), Nate Prosser (December 2011), Marian Hossa (April 2012) and Jarret Stoll (2013).

Silfverberg was his latest victim when Torres lined up the Swede during Saturday night's pre-season game and drove his left shoulder upwards into his head. Silfverberg left for precautionary reasons but was considered OK.

Torres was almost a full second late on the hit after Silfverberg was stripped of the puck. He will forfeit US$440,860.29 in salary as a result of the suspension.

This suspension is 11 games longer than the one given to Chris Simon in 2007 for stomping on the ankle of Jarkko Ruutu.

Torres's previous high was 25 games for the hit on Hossa in the 2012 playoffs.

Marty McSorley was banned for a year in 2000 and wound up serving 23 games for his stick to the head of Donald Brashear, while Todd Bertuzzi served 20 games for attacking Steve Moore from behind in 2004.

Torres's suspension flies in the face of a positive trend for the NHL. Suspensions were down 49 per cent last season from 2011-12, the first year Brendan Shanahan was in charge of the Department of Player Safety. That department is now headed by Stephane Quintal.

"The players are getting it," NHL Commissioner Gary Bettman said last week in his New York office. "We're paying attention to this."

Torres is more the exception than the rule when it comes to NHL discipline. Bettman and deputy commissioner Bill Daly credit the league's rookie symposium along with educational and other videos for the progress.

"You can take a look at a game today and compare it to a game that was played five years ago and you'd see a night and day difference in terms of just the safeness of the environment out on the ice," Daly said by phone recently. "I think it's a safer game today than it was five years ago."

Injuries and suspensions are down, which makes Torres's infraction stand out even more.

Technically he was not considered a repeat offender because he hadn't been fined or suspended within the past 18 months. Torres played in only 15 games since being suspended for hitting Stoll.

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Stephen Whyno, The Canadian Press

Tribe of One’s video with Ecole Central students makes waves online
Major League Baseball attendance up slightly this season

NEW YORK — Major League Baseball averaged 30,517 fans at games this season, up slightly from the previous two years and the sport's seventh-highest mark.

The average was up from last year's 30,454 and was the most since 30,985 in 2012, the commissioner's office said Monday. The average peaked at 32,785 in 2007, before the Great Recession.

Total attendance was 74.76 million, an increase of 30,000; there were four fewer dates this season.

The Los Angeles Dodgers drew 3.76 million and led in home attendance for the third straight season. The New York Yankees drew 3.4 million and topped the AL for the 13th consecutive year.

The Toronto Blue Jays drew 2.79 million, good for fourth in the AL and eighth in the majors, and averaged 34,504 fans a game. That number was inflated by Toronto's exceptional play after the all-star break that carried the Jays to the AL East title. The team says it sold out 20 of its 21 home games.

The Blue Jays and Kansas City Royals, the top two teams in the AL, were the lowest road draws in the majors in 2015. Toronto drew an average of 27,762 fans in its away games, just ahead of Kansas City's league-worst road average of 27,681.

Tampa Bay drew a big league-low 1.25 million and Cleveland was 29th at 1.39 million.

— With files from The Canadian Press

The Associated Press

Afternoon weekday playoff games may prove disappointing for Jays fans

TORONTO — Despite their thrilling second-half push to the post-season, it appears the Toronto Blue Jays are not ready for prime time.

Start times for the first three games of the American League Division Series between Toronto and Texas were released Monday, and the Blue Jays' early slot in Major League Baseball's post-season lineup might be disappointing to fans who snagged elusive playoff tickets or planned to catch the game at a local bar after work.

Game 1 on Thursday at Rogers Centre will start at 3:37 p.m. if the Houston Astros beat the New York Yankees in the AL wild-card game, and 4:07 p.m. if the Yankees are victorious.

The start for Game 2 on Friday is less favourable, with a 12:45 p.m. first pitch, meaning those caught in the 9-to-5 rat race may have to miss the game or try to monitor it at work.

Game 3 in Arlington, Texas, on Sunday, a day when when a matinee might be appealing to fans, will take place at 8 p.m. ET. Games 4 and 5, if necessary, have not yet been assigned a start time.

The Blue Jays are playing in the post-season for the first time since 1993, and their run to the AL East title has created a major buzz in a city desperate for a winning team.

The Canadian Press

Montreal’s proposal to dump raw sewage into St. Lawrence River panned

MONTREAL — The City of Montreal is standing by its plan to dump eight billion litres of untreated wastewater into the St. Lawrence River while it does construction work, saying it's the best alternative.

The one-week sewage dump is to relocate a snow chute on a tunnel that needs to be empty for workers to access it. The project is part of an ongoing plan to raze the downtown Bonaventure Expressway, which runs above it.

Mayor Denis Coderre told reporters Monday he's confident that city officials have done their due diligence, made sure that drinking water for communities downstream will not be affected and selected the best option in terms of time and cost.

Coderre suspended the plan last week, but experts maintained the temporary diversion of wastewater was the best option.

"After the re-evaluation, I decided I was satisfied with the answer," Coderre said.

However, the plan has its detractors.

More than 58,000 people had signed an online petition as of Monday afternoon against the proposed dumping.

The issue also caught the attention of some federal election candidates.

The Conservatives' Denis Lebel said he is "concerned" about the discharge of sewage into the river, adding Environment Canada is working with the city to assess the impact.

Coderre said the same type of work was done twice before — in 2003 and 2007 — without issue.

An Environment Canada spokesperson said discussions with city officials are ongoing to gather information about the potential impact, but the agency was unable to provide with The Canadian Press with an interview.

"The Fisheries Act prohibits unauthorized deposits of deleterious substances into water frequented by fish," a spokeswoman said in an email. "Under the Wastewater Systems Effluent Regulations, Environment Canada cannot authorize this type of wastewater deposit."

The provincial Environment Department has approved the plan, which is expected to start Oct. 18.

"We evaluated the situation regarding the impacts on the environment, the impact on the wildlife, the impact on people ... making sure people had clean water," Environment Minister David Heurtel said in Quebec City.

Federal Green party candidates in Quebec called the decision "ill-advised," suggesting the city could have done better.

Daniel Green says parsing the work over a longer period instead of proceeding with a one-shot deal in October could have lessened the impact, as would having the work done in February, when frigid temperatures would kill off bacteria.

"That's a lot of waste water to be discharged, in October, in the St. Lawrence River, when you have fishermen, duck hunters, surfers, kayakers using the water," Green said.

The Green party is asking Environment Canada to stop the proposed work and Coderre said if that's the case, the city would come up with a response after Oct. 18.

The mayor also dismissed concerns raised by a U.S. state senator from New York, Patty Ritchie, who wrote a letter to the International Joint Commission — whose mandate it is to protect the St. Lawrence and Great Lakes — to probe Montreal's plan.

Ritchie said Montreal's plan to dump "the equivalent of 2,600 Olympic-sized swimming pools filled with wastewater" from homes and businesses needs further study.

"While I realize that the dumping will occur in Canadian waters, downstream from any U.S. communities, I am very concerned by the precedent Montreal is setting for other communities along the St. Lawrence and the lakes," she wrote.

Coderre insists the plan is the right one.

"When you're factual, when you look at the experts, at the end of the day that was the decision to be taken because it was the only one," Coderre said.

Sidhartha Banerjee, The Canadian Press

Northern Metalic Flyers hammer Peace River 10-1
Canada holds off New Zealand TPP offensive for greater dairy access

OTTAWA — Canadian officials have slammed the door on a suggestion by New Zealand that it might push for greater access for its dairy products as the Trans-Pacific Partnership moves forward.

But disappointed New Zealanders, who ran headlong into Canada's sacrosanct adherence to supply management during the talks, maintained that the day will come when Canada's dairy farmers will no longer enjoy having their "hands held" by protective policies.

New Zealand Trade Minister Tim Groser said Monday he considers the 12-country Pacific Rim trade deal to be open to future "adjustments" after his country failed in an 11th-hour bid for more tariff-free access for its dairy products.

Groser said his country had achieved its main goal of tariff elimination on all exports, except beef to Japan and certain of its dairy products.

That was a reference to New Zealand's unsuccessful attempt to gain more access to Canada's protected dairy industry.

The Harper government trumpeted its protection of Canada's supply management system following the conclusion of the marathon TPP talks.

Canada made a modest concession by allowing imports of dairy products to rise by 3.25 per cent, far lower that even some government insiders had been predicting.

New Zealand had been pushing for more, as it also sought greater access to the American market.

"What we're doing is on the more difficult issues is establishing a direction of travel. Unquestionably, we will see adjustments to that direction of travel," Groser said in Atlanta, as he and 11 fellow ministers announced the conclusion of the TPP talks.

"This will open up political space for future generations of trade ministers from my country to build on this."

Back in Ottawa, Canadian government officials, who briefed journalists on the condition they not be identified, were adamant that there would be no re-opening of Monday's deal, saying it was closed to further negotiation.

"The announcement made by ministers today was of the conclusion of negotiations of the Trans-Pacific Partnership," said one official.

"This is not an agreement in principle. This is not an agreement on some elements. This is a conclusion of all aspects of a negotiation, today."

Many dairy farmers in Canada were largely supportive of the outcome, but their New Zealand counterparts were bitterly disappointed.

Andrew Hoggard, of the Federated Farmers of New Zealand, said his country's negotiators "threw everything at it" in their talks but ran into "some pretty entrenched protectionist views."

"If supply management is so fantastic for one part of the Canadian economy, why don't you do it for everything? Get the old Politburo going and everything's supply managed," he said in an interview.

Hoggard said that over time, it is inevitable that the protections for the dairy sector will inevitably diminish as they have in other agricultural sectors, such as pork and beef.

He said it was time for Canada's dairy farmers to "play on the world stage, and wear big kiddie pants and not have to wear government nappies."

One Pacific Rim diplomat, who spoke on the condition of anonymity, said the TPP is viewed by many as a "living document" that will evolve over time, as more countries are admitted and further liberalization takes place.

The diplomat said it was better to get "a good deal now" rather than hold out for a "perfect deal" that might not be attainable.

"At a certain point, it became clear that getting rid of all tariffs on all products wouldn't happen."

Mike Blanchfield, The Canadian Press

TPP: Will Canadian companies take advantage of the world’s largest trade zone?

OTTAWA — Canada's signature on Monday's sweeping trade deal will open a door for companies to expand deeper into the Asia-Pacific region — but it remains to be seen how many will actually walk through it.

With the world's largest economy right next door, Canada's business community has had good reason to remain focused on the fish-in-a-barrel opportunities offered by the United States market.

So, will Canada's participation in the Trans-Pacific Partnership — a 12-country pact billed as covering 40 per cent of the global economy — encourage Canadian companies to finally step out of their North American comfort zone?

"It's so easy for Canadian firms to just walk across the border," said Ian Lee, an economics professor at Carleton University's Sprott School of Business.

"We can do all these deals, and I totally support these deals, they're absolutely essential. But then the question is: how do you get businesses to seize the opportunities? And that's more difficult."

Lee said up to three quarters of Canada's foreign trade goes to the U.S., which shares similar business laws, language and culture.

He also noted how prime ministers and Bank of Canada governors have long urged business leaders to diversify by looking beyond North America.

Conservative Leader Stephen Harper has repeatedly stressed that overseas trade deals provide key tools that will help create jobs in Canada.

International Trade Minister Ed Fast has acknowledged the Conservative government, which has signed trade deals with more than three dozen countries over the last decade, faces the challenge of persuading overly cautious Canadian businesses to hunt for new markets overseas.

An estimate provided earlier this year by Fast's department said only 40,000 of the country's one million small- and medium-sized businesses were exporters — and only about 10,000 of them exported outside the U.S.

It's not only the allure of the U.S. market that keep Canadian businesses close to home.

Economists blame protectionist measures in Canada for discouraging firms from exploring outside their cosy domestic bubble.

Lee pointed to strict regulations that shield the airline, dairy, poultry, auto and telecom industries, and suggested taking way protectionist measures that discourage companies from looking beyond North American shores.

"But that's a bridge too far, I think, for most politicians, including Harper."

Jack Mintz, an economist from the University of Calgary, said these types of protective measures also limit Canadian productivity, an area where the country has struggled.

Mintz believes Canadian firms are ready to take advantage of deals like the TPP and the country's trade agreement with Europe, which has yet to be fully implemented.

"We are a very open economy and we tend to think of ourselves as traders," Mintz said.

He said that perhaps companies have not been enticed enough by free-trade pacts beyond North America because they involve much smaller economies in places like Jordan, Panama and Honduras.

He did note, however, that Canada's pact with Korea — implemented earlier this year — is a significant agreement.

Canadian firms will also have to brace for stiffer competition as the larger trade agreements with the Asia-Pacific nations and Europe come into force.

Many companies in Canada, however, should be able to make the transition because they're already exposed to global competitors, said trade expert Laura Dawson.

"I don't think that for most of our sectors that Canada is in really any danger of any competitive surprises," said Dawson, director of the Canada Institute at the Woodrow Wilson International Center for Scholars.

However, the TPP will create some winners and losers, she added.

She expects Canadian industries focused on services, higher technology and value-added products will find success in a more-open trading environment, while businesses involved in low-wage assembly and the production of simple products will likely face bigger challenges.

There are other compelling economic reasons why Canadian companies should start looking past the U.S. even if it remains the easiest trading partner, said Wendy Dobson, an economics professor at the University of Toronto's Rotman Institute for International Business.

She pointed to the expansion of the increasingly integrated Asian market and, in relative terms, the declining significance of the U.S. in the world economy.

"We need other markets," Dobson said.

She also warned Canada can't risk failing to innovate nor can it be absent when other countries integrate with each other through trade and investment deals.

If not, Dobson said "there's going to be the piper to pay down the road."

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Andy Blatchford, The Canadian Press

Midget Petroleum Flyers split weekend exhibition games
Habs GM Bergevin says Kassian showed ‘lack of character’ in vehicle crash

BROSSARD, Que. — Forward Zack Kassian showed a "lack of character" when he was involved in an early morning motor vehicle accident that left him with two broken bones, Montreal Canadiens general manager Marc Bergevin said Monday.

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.

It was unclear how long Kassian will be out of the lineup, but he will miss the team's regular season opener on Wednesday night in Toronto.

"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 hopes 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 had yet to decide whether to put Kassian on the injured list or to suspend him. He hadn't yet spoken to the player and was still gathering details of the incident.

"I'm looking at all my options right now," he said.

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."

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."

Bill Beacon, The Canadian Press

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