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Ont. justice cites COVID-19 for letting man in ‘brutal’ attack out of jail

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TORONTO —
An Ontario justice has given no additional jail time to a man involved in a ‘brutal and unprovoked attack’ that left a woman unconscious for several weeks, citing concerns of an increased risk of COVID-19 in the prison system.

Robert Hearns of Leamington, Ont. pleaded guilty to the aggravated assault of Haifa Gebrail, whom he struck in the head with a bat in June 2018, fracturing her skull and lacerating her scalp.

“This was a brutal and unprovoked attack on a vulnerable and defenceless victim,” Justice Renee M. Pomerance wrote in the decision. “The attack has had a significant impact on her life, as evidenced by her own victim impact statement and that of her uncle.”

Gebrail, 31 at the time of the attack, required surgery and remained unconscious for several weeks. She now suffers from a cognitive disability, post-traumatic stress disorder and nightmares.

Hearns, 44 at the time of the assault, had consumed meth before the attack and was addicted to the drug. He also has a “substantial” criminal record dating back to 1993 and was bound by four separate probation orders at the time of the attack, Pomerance wrote.

While awaiting trial and sentencing, Hearns had earned the equivalent of 1,001 days of time served in jail. Given the nature of the COVID-19 pandemic, Pomerance felt the time served was enough and added three years probation to the sentence.

“During these challenging times, people are being asked to call upon their sense of community, decency and humanity,” Pomerance wrote. “That humanity must obviously extend to all individuals, including those incarcerated due to criminal charges or convictions. There will be cases where release from custody is not a viable option. There must be consideration of the safety of the community and the need for a proportionate sentence. Where, however, a period of time served can address sentencing principles, even imperfectly, our sense of humanity tells us that release from prison is a fit and appropriate response.”

Pomerance also noted several mitigating factors in the decision, including that Hearns pleaded guilty, has taken steps to address his meth addiction, has remained sober since his incarceration and has pursued an education while in jail.

Hearns must attend regular counselling for the first 12 months of probation, avoid all contact with Gebrail and abstain from possessing or carrying any weapon.

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Corrections watchdog urges moratorium on doctor-assisted deaths in Canadian prisons – Kamloops This Week

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Thanksgiving, large gatherings to blame for surge in COVID-19 cases in Ontario, officials say

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As Ontario saw record numbers of daily COVID-19 cases over the weekend, health officials on Monday are putting some of the blame on large gatherings that may have taken place over Thanksgiving two weeks ago. 

In York Region, 16 people, including three infants, are believed to have contracted the novel coronavirus following a Thanksgiving gathering. 

Three families gathered at a home in Vaughan over a span of two weeks around the Thanksgiving weekend.

At least one person attended despite having mild symptoms. 

One family member then went to work while symptomatic and infected two additional individuals. 

“Every time we socialize with anyone beyond our immediate household, there’s a risk that we enter into,” said Dr. Karim Kurji, York Region’s medical officer of health. 

“This particular cluster illustrates that sort of a risk.”

In the province’s daily COVID-19 briefing, Health Minister Christine Elliott pointed at Thanksgiving gatherings as one of the factors for the recent surge in COVID-19 cases. 

“We are also starting to see some of the numbers go down in some of the modified areas but because of the impacts of Thanksgiving, we’re not seeing that happening quite as quickly as we’d like to,” Elliott said.

Weddings, religious service exempt from provincial gathering limits

This past weekend, nearly 100 people, many without masks, congregated outside a Toronto church for a wedding on Saturday. 

A woman, whose identity CBC News agreed to protect because she fears repercussions from the community, was passing by when she saw the gathering and spoke out.

“It was wrong,” said the woman.

“It was going against everything we’re being asked to do right now and it gives the impression that what they’re doing matters more than keeping the rest of the people safe,” she said. 

Ontario has restricted gatherings to 10 people indoors and 25 people outdoors in areas that are in Stage 2 — Toronto, Peel Region and Ottawa.

But religious services, like weddings — even in hotspots like Toronto — are exempt, as long as the venue is at less than 30 per cent capacity. 

In a briefing Monday, Toronto Mayor John Tory said the rules may need to be changed.

“I think we have to take another look at those regulations,” he said. 

“Any large gathering, no matter how careful you are, has a certain risk associated with it.”

PC MPP under fire for maskless photo at indoor gathering

Meanwhile, a Progressive Conservative MPP is under fire for not wearing a mask while posing for a group photo.

Sam Oosterhoff posted the picture on social media over the weekend but later deleted it. 

“I think it was shocking,” said Ontario Liberal Leader Steven Del Duca on Monday. 

“I think it was inappropriate and I think there definitely needs to be consequences for Mr. Oosterhoff.”

Oosterhoff, who is also the parliamentary assistant to the education minister, apologized for the picture, saying he should have worn a mask when taking the photo, given the proximity of the people around him.

Critics have called for his resignation, saying he was not following his government’s pandemic guidance. 

In the province’s daily COVID-19 briefing, Premier Doug Ford said that’s not going to happen. 

“Hey guys, everyone makes mistakes,” said Ford. 

“I have 100 per cent confidence in Sam. He does a great job representing his area. People love him out there and he came out and apologized.”



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‘A community champion,’ philanthropist and former Ticats owner, David Braley dies at 79

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Hamilton is mourning the loss of David Braley, a former owner of the Hamilton Tiger-Cats with three decades of success in the Canadian Football League, a supporter of sport in the city, and an honoured philanthropist. 

Braley, who had owned the BC Lions since 1997, passed away in his Burlington, Ont. home at age 79, says a media release from the team.  

In a tweet, Mayor of Hamilton Fred Eisenberger called Braley a “community champion.”

“David Braley’s contributions live on and continue to make our city a better place,” he wrote. “His passion for community, arts & sport was immeasurable.”

He also journeyed into politics, when former Prime Minster Stephen Harper appointed Braley to the Canadian Senate in 2010, where he served for nearly three years. 

He was appointed to the Order of Canada in 2019 “for his contributions to the Canadian Football League, and for his entrepreneurial and philanthropic leadership in his community.” 

His philanthropy was remembered in a tweet Monday from Hamilton Health Sciences which said “We are profoundly saddened by the passing of David Braley. He was a champion for the people of Hamilton and contributed so much to improving medical education and research to the benefit of the global community.”

In a media release Bob Young, caretaker of the Hamilton Tiger-Cats, said “I and the Tiger-Cats mourn David’s passing. He was an enthusiastic Hamiltonian and a wonderful benefactor to our community’s hospitals and universities. The CFL and Hamilton communities have lost a great leader and champion today.”

The first team Braley owned in the Canadian Football League (CFL) was the Hamilton Tiger-Cats from 1989 to 1992, when it returned to community ownership.

During his first season of ownership, the Ticats went to the Grey Cup.

“While David was well known for his role with the BC Lions, he was also always, at heart, a Ticat fan. Our sincerest condolences go out to David’s family, and his wide circle of friends and admirers across our community,” said Young. 

Braley went on to collect four Grey Cups during his time as an owner in the CFL. Three of them were with the BC Lions, and his last was with the Toronto Argonauts, which he owned from 2010 to 2015.

The Argonauts won the 100th Grey Cup in 2012. 

He also acted as chairman of the CFL’s Board of Governors and served as an interim commissioner from March to November in 2002. 

Braley was inducted into the Canadian Football Hall of Fame (2012), McMaster Sports Hall of Fame (2007) and Hamilton Sports Hall of Fame (2006).

Tributes to man whose name adorns buildings across the city are being posted on social media. 

Along with contributions to football, Braley championed sport in Hamilton by helping to bring the World Cycling Championships to the city in 2012. 

He was also part of southern Ontario’s successful bid for the 2015 Pan Am Games, which saw Tim Hortons Field host all 32 soccer matches. 

“David Braley…was our champion in every sense of the word,” said CFL commissioner Randy Ambrosie in a statement. 

“David didn’t just talk about this idea. He lived it. An owner of the Hamilton Tiger-Cats, as well as the Argos and Lions, he often stepped in to sustain and turn around franchises when they needed him the most.”

Braley was born in Montreal in 1941, but moved to Hamilton two years later. The Ticats say he discovered his true passion for football after attending his first Tiger-Cats game at Ivor Wynne Stadium. 

He played high school football at Westdale Secondary School, studied sciences at McMaster University, and worked with General Motors Acceptance Corporation in Hamilton and then with London Life Insurance.

In 1969, he purchased William Orlick Industries, which is now known as Orlick Industries, and transformed it into a leading manufacture of aluminum die-cast auto parts that provided hundreds of jobs in the Hamilton area. 

Braley has donated over $125 million to various organizations, says the Ticats media release. 

From August 2006 to June 2007, he donated $50 million to McMaster’s medical school and another $5 million for the university’s athletic centre, which is named after him. 

Braley also gave $10 million to Hamilton Health Sciences for a new cardiac, vascular and research institute, also named after the philanthropist, and $5 million to St. Joseph’s Healthcare for operating rooms and kidney care. 



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