Canadian coach accused of sexual assault testifies he kissed young gymnast on lips regularly
Dave Brubaker has pleaded not guilty to sexual assault, invitation to sexual touching
Nicole Thompson · The Canadian Press
A former high-ranking gymnastics coach testified at his sexual assault trial Thursday that he never took naps with the gymnast levelling accusations against him nor did he spoon her in bed, though he acknowledged he kissed her on the lips every time he saw her.
Dave Brubaker, who used to be the director of the women's national gymnastics team, has pleaded not guilty to one count of sexual assault and one count of invitation to sexual touching at his judge-alone trial in Sarnia, Ont. The charges relate to alleged incidents between 2000 and 2007.
The gymnast, who is now in her 30s, has testified that Brubaker would kiss her on the lips to say hello and goodbye starting when she was 12 years old. She said he initiated the ritual after a trip to Europe and kissed others on the cheek but kissed her on the lips.
The woman also testified that Brubaker would pick her up from school and take her to his house, where he would occasionally spoon her in bed and tickle her belly before driving her to practice.
In court Thursday, Brubaker acknowledged that the gymnast would come over to his house between school and practice, but he said they did not take naps together.
"It never happened," he said.
He also said that while he did kiss her regularly on the lips, he did not compel her to. "I think it was just out of habit … that she started to kiss me," he said, insisting that the kisses were innocent.
The woman has also told the trial that Brubaker occasionally touched her inappropriately during sports massages — an allegation Brubaker firmly denied.
He said he would palpate the area where her upper thigh met her pubic area, as well as the area around her breast to get at pectoral muscles, but maintained that it was all to improve her performance in the sport.
Sports massages crucial to success: expert
An expert witness who testified earlier Thursday said sports massages such as the ones administered by Brubaker were crucial to success in gymnastics.
"It's required," said Ronald Weese, a sports physiologist with a specialization in training gymnastics coaches. "You can't get [to an elite level] from here without an emphasis on the small, finer details."
Weese said the muscles in those parts of the body are extremely important for gymnasts, who use them while doing the splits or to lift themselves up. He also said it's possible for an inexperienced sports therapist to touch the wrong part of the body in these massages.
"I'm sure slips occur all the time, but the more expert you are about it the less they occur," he said.
When questioned by Crown attorney David Rows, Weese said it would be unusual for a coach to lie behind an athlete and rub her belly.
The trial has heard that in a videotaped interview with police, Brubaker apologized for "crossing the line" with the complainant, although he said he never had any sexual intent with her.
That video was allowed into evidence on Thursday. Its admissibility had been called into question when court heard that the police officer interviewing Brubaker was related to the complainant by marriage.
"It is clear this personal involvement could have an impact on the way the officer conducted the interview," Justice Deborah Austin said, adding that it wasn't clear how Brubaker's responses would have changed had he known about the relationship.
Austin said she would exercise a degree of caution in weighing the video as evidence.
Canadian Just For Laughs founder Gilbert Rozon charged with sex-related crimes
Rozon stepped down in October 2017 and
faces separate $10M class action lawsuit
Gilbert Rozon, the founder of Montreal's Just For Laughs festival, has been charged with sex-related crimes against a single victim in 1979 after a lengthy investigation into multiple allegations made by more than a dozen women.
Rozon, 64, is facing one count of indecent assault and one count of rape, charges that were part of the Criminal Code when the alleged events occurred, Quebec's director of criminal and penal prosecutions (DPCP) said Wednesday.
The prosecution is not pursuing allegations against Rozon made by 13 other complainants.
In a statement, the DPCP said it had informed the women that it had decided not to pursue charges in those cases and that protecting victims of sexual assault was at the "heart of its mission."
Sounds like mutually exclusive statements to me.
The DPCP said the burden of proof is "very demanding," as the prosecution must demonstrate guilt "beyond a reasonable doubt" in court.
A group of women — calling themselves Les Courageuses — lodged complaints against Rozon more than a year ago. Those complaints range from sexual harassment to sexual assault, which allegedly took place over several decades.
Investigations into the complaints were completed in May. Each allegation, the DPCP says, was analyzed with "rigour and impartiality."
Provincial Justice Minister Sonia LeBel told reporters women should not be discouraged by the DPCP's decision not to pursue most of the allegations in court.
"I can tell you that the worst thing is silence," she said.
"Despite everything, I would encourage women to continue calling people out. I'll say again, this isn't a value judgment on their stories, it's a very precise decision in a very precise context, meaning in the ability to lay criminal charges."
Provincial Justice Minister Sonia Lebel encourages women to continue speaking out. LeBel, a former Crown prosecutor, said she does not consider it necessary to reduce the burden of proof in cases of sexual assault. Several cases go to trial daily in the province, she said, and many end in conviction.
The justice system works, she said, but "there is always room for improvement."
No details of allegations revealed
Rozon is expected to appear in court on Jan. 22, said DPCP spokesperson Jean-Pascal Boucher.
A total of 30 complaints of a sexual nature were filed against Rozon, but some could not be handled by Montreal police because the alleged incident took place in Paris.
The DPCP is not revealing any details of the complaints that were lodged against Rozon.
Among those whose allegations will not be heard is Martine Roy, Rozon's former sister in law.
She was informed this week that her accusations would not be heard in court due to a lack of evidence, she told Radio-Canada's Gravel le matin Wednesday.
She lamented the legal system's high demand for proof. "It takes so much," she said. "What evidence do they need? For it to be filmed?"
Class-action lawsuit to push forward
On Wednesday afternoon, Rozon said in a statement that he would continue to defend himself in court, and that he would not comment further until that time. Rozon stepped down from his position as president of Just for Laughs in October 2017. He is also the subject of a lawsuit.
The Superior Court of Quebec authorized a $10 million class action in May against Rozon. The lawsuit alleges he abused at least 20 women between 1982 and 2016.
That case is still moving forward, Robert Kugler, lawyer for the alleged victims told CBC Montreal's Daybreak Wednesday.
"It's important for people to understand that the criminal system and the civil system are two distinct legal systems each with its own rules," he said.
More 'troubling' incidents at St. Michael's College School
Football and Basketball team's season cancelled
Kevin Connor
Toronto SUN News
Police have been alerted to more “troubling” incidents at St. Michael’s College School which has been rocked by student sexual assault allegations, the school’s interim president says.
While Father Andrew Leung said in a phone conference on Thursday that the incidents were from the “recent past,” he refused to elaborate.
“These incidents that have come forward have been sent to police and there is nothing further I can say as they are part of an active police investigation,” Leung said.
Since the sexual abuse allegations first surfaced in November, some former students have spoken of abuse they experienced.
The sexual assault allegations at the school have now led to the cancellation of the football and basket ball teams but other sports such as hockey can continue as there are no allegations of criminal conduct.
Toronto Police have arrested six teens from St. Michael’s College School in connection with the alleged sexual assault of a student in a locker room. Aged 14 and 15, the boys were charged each with assault, gang sexual assault, and sexual assault with a weapon.
St. Michael’s have also expelled eight students and suspended another one in connection with the alleged sexual assault in a locker room and another incident that police said involved hazing and was also captured on video.
The football and basketball teams have been suspended for the 2019-2020 school year. Leung said there was no reason to put any blame on the coaches of the teams as they weren’t present in the locker rooms at the time of any assaults.
“This incidents are horrific and can’t happen again … somewhere along the line we missed something grave,” Leung said adding the school is looking into the “overall dynamics” of the programs.
Leung couldn’t say if the allegations have prompted any parents to take their sons out of the all-boys private school or if applications for the next academic year are down. He did say that any student who is attending the school on a football or basketball bursary will remain enrolled.
After the allegations hit the media, student were told not to wear their uniforms in public. “It was a proactive action. There is no issue of student safety,” Leung said.
The board of directors has appointed an independent committee to review the school’s cultural practices and related policies. “This review is our board’s highest priority, reflecting our commitment to turn the pain of recent events into an opportunity for learning healing and long-term change,” said Michael Forsayeth, chairman of the board.
The committee’s recommendations are expected to be implemented during the 2019-2020 school year.
Toronto Police refused to comment on Thursday.
System failed Manitoba girl returned to parent without support, checks: advocate
Sexually assaulted at 21 months old; she died of a drug overdose
One Non-Survivor's Horrible Story
WINNIPEG — Manitoba's advocate for children and youth says a girl who suffered repeated sexual abuse and died of a drug overdose was failed over and over again by the province's child welfare system.
The girl — identified only as Angel — was born to a mother with addiction issues and was apprehended by social workers 14 times by the time she was 12, says a 118-page report from Daphne Penrose released Thursday.
But each time, the girl was returned to her mother without a proper assessment of the home and without supports for the family.
What possible excuse can there be for that?
"The (child and family services) agency conducted no meaningful assessments as to whether Angel's mother was ready or able to provide safe care to Angel. So inevitably, Angel would be returned home, left in the risky situations, and when the risk became so sufficient, she was reapprehended again," Penrose said.
"When she was in care, CFS did not complete any long-term planning and did not demonstrate an understanding of their legal mandate to protect and provide for Angel."
The report does not identify the agency responsible, but says it was one governed by the First Nations of Northern Manitoba Child and Family Services Authority, and handled Angel from the time she was two through to her death. About 90 per cent of kids in care in Manitoba are Indigenous.
Penrose, an independent officer of the legislature, makes six recommendations in her report, including a call for greater oversight to ensure agencies are meeting minimum standards.
Penrose also said children need better protection from sexual abuse and sexual exploitation.
Angel was sexually abused the first time when she was 21 months old, the report says. When she was seven, her family was waiting for housing on a reserve and living at a healing centre. While her mother was out, another resident watching over Angel fell asleep and a third resident came into the room and sexually assaulted the girl.
Angel dealt with her childhood trauma by acting out, Penrose said. She numbed herself with solvents and attempted suicide at age 11. She was later forced into the sex trade, became addicted to drugs and died of an accidental overdose in 2015 at the age of 17.
She was living in a foster home at the time, having been made a permanent ward of the state two years earlier. The report says RCMP and community members raised concerns about the foster home, but the agency stood by it.
The man who provided Angel with drugs later pleaded guilty to criminal negligence causing death.
"In Angel's case, the public systems that should have protected her did not," Penrose said.
Penrose is also calling on government, police forces and others to expand outreach programs for exploited youth and to raise public awareness about the "relentless" sexual exploitation of children and youth.
"As a community, we all have a role to play in making sure that people understand that ... sexual exploitation is a violation of children's human rights and we need to stop it from happening."
The report also calls for expanded mental-health services, specifically addressing childhood trauma and addictions. It can be hard to get a child into treatment, and even those going in voluntarily can find themselves turned away outside office hours, Penrose said.
Government officials said they had not yet read the report but would review it.
Premier Brian Pallister said while the federal and provincial governments continue to transfer authority over Indigenous children in care to Indigenous authorities, the top priority must be children's safety.
"As we move in those directions to empower communities, we must make sure the safeguards are there, that the children are protected through this process. That should always be our first concern."
Steve Lambert, The Canadian Press
Police seek tips after girl, 6, lured from playground
and sexually assaulted in Vancouver
Detectives seeking tips from public after stranger coaxed girl away from Sexsmith Elementary in Vancouver
CBC News
Police are looking for tips after a six-year-old girl was allegedly lured from her school and sexually assaulted in South Vancouver last week.
Investigators said a stranger coaxed the girl away from the playground at Sexsmith Elementary School on Columbia Street and West 59 Avenue on Dec. 5.
A statement said he took the girl to a nearby location, sexually assaulted her and then walked her back to school.
Sexsmith Elementary School is a public school in South Vancouver with students from kindergarten to Grade 7. (Jon Hernandez/CBC)
The suspect is described as being around 30 years old with "darker" skin and brown or grey hair. Police said he was wearing grey pants.
Detectives from the police department's sex crimes unit are looking for dashcam footage from anyone who may have been in the area between 8:30 a.m. and 2:30 p.m. PT on Dec. 5.
Specifically, investigators are looking for footage from people driving in area bordered by West 58th Avenue, West 60th Avenue, Ontario Street and Cambie Street, just south of Langara Golf Course.
Vancouver police are looking for dashcam footage from anyone who was driving in this area around Sexsmith Elementary School on Dec. 5. (Vancouver Police Department)
The elementary school is within blocks of the golf course and Winona Park, with Langara College's main campus a few more blocks to the north.
Close to home for me. I used to work just a couple kms from there, for several years, and I took a writing course at Langara College many years ago.
Anyone who was in the area last Wednesday afternoon and saw anything suspicious is asked to call detectives in VPD's Sex Crimes Unit at 604-717-0603 or Crime Stoppers at 1-800-222-8477.
Child Sex Dolls Keep Getting Shipped Into Canada And Experts Worry That They Could Fuel Child Abuse
@Crystal Srock | Dreamstime.com
Lilly Paltsev
Sex dolls are an emerging trend that has gained unprecedented popularity in Canada. Sex doll brothels have popped up in cities like Toronto and Vancouver, and the doll market is big business across the country. But, a new kind of sex doll is finding its way across the Canadian border and it's causing serious concern.
Today, CBC reported that the Canadian Border Services Agency (CBSA) has seized at least 42 lifelike child sex dolls at the border. These dolls are reportedly being shipped from China and Japan and have been seized at border crossings near Vancouver, Edmonton, Calgary, Toronto and Hamilton. CBC reports that over 30 were confiscated by border officers in Quebec.
The CBSA described the dolls as looking "prepubescent" and come with interchangeable heads, kids clothing and blankets. Under Canada's child pornography laws in the Criminal Code, the dolls are considered illegal.
In the Criminal Code, child pornography is defined as anything "that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity".
Experts and professionals in the field of child welfare shared with CBC that the dolls have a "disinhibiting effect" and could lead a person to seek out and harm a real child. One Child Protection lawyer says that the dolls will "likely incite somebody to actually go after a child once they've had that experience."
Sin is progressive! Did I mention that?
However, clinical psychologists present a different argument. They argue that the dolls are "victimless material" like cartoons and there's no evidence that the dolls would empower a child predator.
"Until there is a demonstration of harm, 'ickiness' just doesn't raise to the level of limiting somebody's free sexual expression," one psychologist told CBC.
I suspect these psychologists don't have any young daughters.
Sheldon Kennedy steps down from Calgary child-advocacy centre named after him
Ex-NHL player says he needs time to attend to his own mental health
Stephen Hunt · CBC News ·
Sheldon Kennedy is shown speaking on Parliament Hill in Ottawa on Feb. 5, 2018. The former NHLer and abuse survivor announced Tuesday that he is removing his name from the child advocacy centre in Calgary he founded. (Justin Tang/Canadian Press)
Sheldon Kennedy is taking his name off the advocacy centre he helped create.
The former NHL player issued a statement Tuesday announcing that he's asked to have his name removed from the Sheldon Kennedy Child Advocacy Centre, saying he needs to refocus on his own mental health at the moment.
"I always preach to others that, first and foremost, they need to take care of their own mental health and find balance in their lives. I now need to take my own advice," Kennedy said.
He said that having his name on the building means taking personal responsibility for its day-to-day operation and looking after front-line workers, donors, volunteers and victims.
He added that it has been rewarding work since he first pitched the centre in 2010, but it has taken an emotional toll. His focus now will be on his family and the Respect Group, a company he co-founded aimed at preventing bullying, abuse, harassment and discrimination.
"Today, I am healthy and excited about my next chapter. I will continue the crusade, but with greater balance. I am also comforted to know that the Calgary Child Advocacy Centre and our community are ready to carry the torch," Kennedy said in the statement.
"It has become clear that I will not be able to achieve the critical balance I need in my life without taking my name off the centre. Furthermore, our community will never fully own the issues with my name still on it. The time has come and the future is bright."
Thank you, Sheldon! Very well done! I totally get it. God bless you.
The former hockey player said that having his name on the Sheldon Kennedy Child Advocacy Centre means taking personal responsibility for its day-to-day operation and while it's been rewarding work, it's also taken an emotional toll. (Anis Heydari/CBC)
Kennedy was among the first to speak out about sexual abuse he suffered from coach Graham James. James was sentenced to 3½ years in prison for abusing Kennedy and another young player.
James later pleaded guilty to repeatedly abusing other players, including retired NHL star Theo Fleury and Fleury's cousin, Todd Holt, when they played for him in the Western Hockey League in the late 1980s and early '90s.
Debra Mauro, the board co-chair of the centre, said in a statement, "We respect Sheldon Kennedy's decision to hand the Child Advocacy Centre back to the community and we are so grateful to have had his support and the opportunity to work so closely with him for the past five years."
Kennedy, shown here speaking in Mississauga, Ont., in 2014, was among the first to speak out about sexual abuse he suffered from coach Graham James. (Nathan Denette/Canadian Press)
"We are proud of Sheldon and the tireless work he has accomplished. He has been a phenomenal advocate for the Centre and victims of child abuse. "His dedication," she added, "has helped bring this issue to the forefront and has changed the lives of countless youth and children.
"The centre is focused on continuing our momentum and growth to provide care and services to more children, youth and families who are experiencing abuse. The centre's services will remain uninterrupted and this change does not affect day-to-day operations," she said.
Kennedy said the centre will be renamed the Calgary Child Advocacy Centre, but Mauro said the centre will keep Kennedy's name for now until it announces a new name soon.
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