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Penny Oleksiak makes history as Canada swims to bronze in medley relay

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TOKYO — Canada’s women capped Olympic swimming with a bronze medal in the medley relay Sunday and produced a historic seventh career medal for Penny Oleksiak.

Kyle Masse of LaSalle, Ont., Sydney Pickrem of Clearwater, Fla., Maggie Mac Neil of London, Ont. and Toronto’s Oleksiak touched in 3:52.60, a Canadian record.

Australia finished first with an Olympic-record 3:51.60 and the U.S. claimed silver.

Oleksiak swam the anchor freestyle leg into the history books as the most decorated Olympian in Canadian history. The 21-year-old surpassed speedskater Cindy Klassen and speedskater-cyclist Clara Hughes at six medals apiece.

Masse led Canada off in backstroke followed by Pickrem’s breaststroke leg and Mac Neil in butterfly.

Mac Neil, 21, also captured 100-metre butterfly gold. She and Oleksiak took silver in the 4 x 100 freestyle relay on the first day of finals.

Masse, 25, earned a pair of silver in backstroke. Oleksiak also claimed bronze in the 200-metre freestyle.

The women’s swim team amassed six medals in Tokyo to equal its Rio count of five years ago.

Taylor Ruck of Kelowna, B.C., Pickrem, Mac Neil and Toronto’s Kayla Sanchez posted the fastest qualification time in Friday’s heats to give Canada a middle lane Sunday.

The medley relay medal was Canada’s first since 1988 and fourth in the 61-year Olympic history of race. Canadian women were bronze medallists in 1976, 1984 and ’88.

Oleksiak won 100-freestyle gold, 100-butterfly silver and anchored Canada to a pair of freestyle relay bronze medals at age 16 in Rio.

Heats, semifinals, finals and relays added up to 10 races over nine days for Oleksiak in Tokyo, where she added a pair of relay medals and the 200 free bronze to her total.

Oleskiak, Mac Neil and Masse claimed their third medals at the Tokyo Aquatic Centre.

This report by The Canadian Press was first published July 31, 2021.

The Canadian Press

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Mohawk Council of Kahnawake ‘repulsed’ by politicization of Habs’ land acknowledgment

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MONTREAL — The Mohawk Council of Kahnawake is blasting the Quebec government for questioning a land acknowledgment by the Montreal Canadiens that refers to the unceded territory of the Mohawk Nation.

The statement, which has been read before the NHL team’s home games this season, acknowledges the hospitality of the Mohawk Nation “on this traditional and unceded territory where we are gathered today.”

Quebec Indigenous Affairs Minister Ian Lafrenière told reporters on Wednesday the acknowledgment may be an error.

In a statement Thursday, the elected council for the First Nations reserve across the river from Montreal commended the hockey club’s gesture as an example of true reconciliation and added it was “repulsed” by the province’s attempt to politicize the effort, which it said undermines the Mohawk presence in the Montreal region.

On Wednesday, Lafrenière told reporters that referring to a specific nation may be a mistake as historians differ on which nation was the first to live in Montreal, while adding it was important to recognize that First Nations were the first occupants.

Grand Chief Kahsennenhawe Sky-Deer said in a statement that land is an essential part of Mohawk identity.

“It holds the knowledge of our ancestors, our history and our presence, now and for the future,” Sky-Deer said. “Opinionated commentary that challenge and discredit our presence are not only insulting, they are taken as displaced attacks on our existence.”

This report by The Canadian Press was first published Oct. 21, 2021.

The Canadian Press

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Supreme Court of Canada sides with injured woman in snow-clearing squabble

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OTTAWA — A woman will get another chance to sue for damages over a leg injury she suffered while climbing through snow piled by a city’s plow, the Supreme Court of Canada has ruled.

Taryn Joy Marchi alleged the City of Nelson, B.C., created a hazard when it cleared snow from downtown streets after a storm in early January 2015.

The removal effort left snow piles at the edge of the street along the sidewalk early in the morning of Jan. 5.

Late in the afternoon of Jan. 6, Marchi — then a 28-year-old nurse — parked in an angled spot on the street and, wearing running shoes with a good tread, tried to cross a snow pile to get on to the sidewalk.

Her right foot dropped through the snow and she fell forward, seriously injuring her leg.

Marchi contended the city should have left openings in the snowbank to allow safe passage to the sidewalk.

She pointed to the neighbouring municipalities of Castlegar, Rossland and Penticton in arguing there were preferable ways to clear the streets so as to ensure safe access for pedestrians.

However, the trial judge dismissed her case, saying the city was immune from liability because it made legitimate policy decisions about snow clearing based on the availability of personnel and resources.

In any event, the judge concluded, Marchi assumed the risk of crossing the snow pile and was “the author of her own misfortune.”

The B.C. Court of Appeal overturned the decision and ordered a new trial, saying the judge erred in addressing the city’s duty of care and the question of Marchi’s negligence.

The ruling prompted the City of Nelson to seek a hearing in the Supreme Court.

In a written submission to the high court, the city said its actions amount to “a clear example of a core policy decision” that should be immune from liability.

In her filing with the court, Marchi said city employees made a number of operational decisions that fell below the expected standard of care of a municipality — decisions not required by the written policy.

In its 7-0 ruling Thursday, the Supreme Court said a fresh trial should take place because the city has not proved that its decision on how to clear the snow was “a core policy decision” immune from liability.

While there is no suggestion the city made an irrational or “bad faith decision,” the city’s core policy defence fails and it owed Ms. Marchi a duty of care, justices Sheilah Martin and Andromache Karakatsanis wrote on behalf of the court.

“The regular principles of negligence law apply in determining whether the City breached the duty of care and, if so, whether it should be liable for Ms. Marchi’s damages.”

This report by The Canadian Press was first published Oct. 21, 2021.

Jim Bronskill, The Canadian Press

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