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(PUBLICATION BAN IN CASE) Following a judge-alone trial, the appellant, Mr. Hay, was acquitted of one count of sexual assault under s. 271 of the Criminal Code, R.S.C. 1985, c. C-46. The appellant conceded that the complainant did not consent to anal intercourse on September 13, 2019. The only issue on appeal was whether Mr. Hay had an honest but mistaken belief in the complainant's communicated consent. Following a s. 276 voir dire, the trial judge admitted evidence of a previous sexual encounter on August 24, 2019. The trial judge found there was an air of reality to the appellant's defence of honest but mistaken belief in communicated consent. She concluded that the Crown had failed to prove the necessary mens rea and acquitted him. The Court of Appeal unanimously allowed the appeal, quashed the acquittal and entered a conviction for sexual assault. It found the trial judge erred in law both by admitting the evidence of previous sexual conduct and by finding there was an air of reality to the defence of honest but mistaken belief in communicated consent. Argued Date 2023-05-19 Keywords Criminal law - Offences, Evidence, Defences - Criminal law — Offences — Sexual assault — Consent — Evidence — Defence — Whether the Court of Appeal of Alberta erred by conflating the actus reus for sexual assault (consent) with the mens rea (belief in communicated consent or a mistaken belief in communicated consent) — Whether the Court of Appeal of Alberta erred by reversing the trial judge's decision admitting evidence of previous sexual acts on the s. 276 application — Whether the Court of Appeal of Alberta erred by reversing the criminal standard of proof to place an onus on the appellant to establish his innocence — Whether the Court of Appeal of Alberta erred in substituting its own view of the facts contrary to the trial judge's findings in relation to the testimony of the appellant — Whether the Court of Appeal of Alberta erred by requiring proof of explicit consent as a prerequisite for the defence of mistaken belief in communicated consent to apply. Notes (Alberta) (Criminal) (As of Right) (Publication ban in case) Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).
On this episode, we break down week 1 of the NFL/FTT season and discuss what's next for the FTT universe.
The 2010's was a memorable decade for the Indians. The team reached the playoffs four times, winning a wild card spot once and three AL East titles. The big years were 2013, 2016, 2017 and 2018. 2016 was a magical year as the Indians went all the way to the World Series and reached Game 7 with the game tied in the 9th inning. Some years were tough developmental ones but it was enjoyable to watch young players improve. Star players for the Tribe in the decade included: Matt LaPorta, Asdrubal Cabrera, Jhonny Peralta, Trevor Crowe, Jason Donald, Shelley Duncan (Dave Duncan's son), Andy Marte, Tony Sipp, Chris Perez, Carlos Santana, Jack Hannahan, Michael Brantley, Lonnie Chisenhall, Jim Thome, Corey Kluber, Ubaldo Jimenez, Jason Kipnis, Johnny Damon, Ezequiel Carrera, Josh Tomlin, Zach McAllister, Nick Swisher, Michael Bourn, Jason Giambi, Mike Aviles, Yan Gomes, Kelly Shoppach, Danny Salazar, Trevor Bauer, Carlos Carrasco, Bryan Shaw, David Murphy, Jose Ramirez, Roberto Perez, John Axford, Cody Allen, Francisco Lindor, Gio Urshela, Abraham Almonte, Mike Napoli (Party at Napoli's), Rajai Davis, Tyler Naquin, Coco Crisp, Mike Clevinger, Andrew Miller, Dan Otero, Bradley Zimmer, Jay Bruce, Edwin Encarnacion, Brandon Guyer, Greg Allen, Yonder Alonso, Melky Cabrera, Josh Donaldson, Shane Bieber, Brad Hand, Adam Cimber, Oscar Mercado, Fanmil Reyes, Yasiel Puig, Bobby Bradley, Aaron Civale, Oliver Perez and many more!
Episode 7: Jason Donald joins us and talks his baseball career, from Buchanan to his time with the Cleveland Indians. Jason shares memories on playing at Arizona, going to the CWS, playing at Yankee Stadium for the futures game, winning a Bronze medal for team USA in the Beijing Olympics, his call up to the MLB and the "Perfect" game and Jim Joyce safe call. Hope you all enjoy!!Stream the Show:ItunesSpotifySoundcloudIHeartRadioGoogle PodcastSpreaker YouTubeTwitter: @HITORDIEPODCAST
Today we talk to Jason Donald about growing up travelling the world, his childhood dream of being a garbage man and the evolution of a writer. TOPICS DISCUSSED IN THIS PODCAST EPISODE: Travelling the world and learning to adapt to a new culture, food and surroundings. The journey to becoming a writer. How you never stop evolving as a writer. How to push the status quo in writing. The definition of a writer. Standing out from the crowd as a writer. The role of a writer in society. HEAR MORE ABOUT JASON DONALD: Jason Donald was born in Scotland and grew up in South Africa. He studied English Literature and Philosophy at St. Andrews University and is a graduate of the Glasgow University Creative Writing MA. His debut novel, Choke Chain, published by Jonathan Cape, was shortlisted for the Authors' Club Best First Novel Award and the Saltire First Book Award. His second novel, Dalila, was published by Jonathan Cape/Vintage in January 2017. He has also published short stories in various literary journals, including The Astronaut for BBC Radio 4 and Puerta Galera for the Edinburgh International Book Festival. Donald has just written and co-directed his first short film, Passion Gap. He lives with his wife in Switzerland. FAVOURITE QUOTE TO SHARE WITH THE WORLD “The world is a hellish place and bad writing is destroying the quality of our suffering” – Tom Waits ONE BOOK YOU SHOULD READ Signs Preceding the End of the World – by the Mexican novelist Yuri Herrera, translated by Lisa Dillman CONNECT WITH JASON DONALD Website Instagram Twitter Facebook See Jason Donald at the State of the Nation with Lucy Popescu event in London on 16th June. CONNECT WITH SASHKA Click to join Sashka’s Facebook community: Branding & Marketing Magic Facebook Instagram Pinterest Twitter LinkedIn Want to be a guest on the podcast? Apply to be featured on the No Name Brand Podcast here.
The Cleveland Indians' starting rotation is considered by many to be the engine of the team, anchored by former Cy Young Award winner Corey Kluber. With fellow ace Carlos Carrasco, and potential future aces is Danny Salazar and Trevor Bauer, the top end of this staff can match up with anyone. The fact that playoff hero Josh Tomlin is considered by many to be a footnote to the "thunderarms" ahead of him really says it all. With the staff back and healthy after Carrasco and Salazar missed substantial crunch time (discounting brief Salazar sightings), some are saying that the starting five are as good a rotation as there is in all of baseball. WFNY's Mike Hattery and Jim Pete take a look at why this rotation is so good, and why there is still cause for concern. They also take a look at the Columbus rotation, Mike Clevinger, and why Cody Anderson's UCL injury is giving them nightmares. Catch up on the positional previews: Catcher | First Base | Second Base | Third Base | Shortstop | Outfield We're on Patreon and you can support us! Subscribe: iTunes Stitcher Google Play YouTube Conways Cody Anderson is shut downs, and Jim has rotation angst The rotation is the third best unit on the team The Big Three Can Carlos Carrasco overtake Kluber as the top arm Danny Salazar is the puzzle piece...dependent on control How will that 10-day DL and bullpen balance the usage of the rotation, especially with Kluber's innings in 2016, and Salazar's injury issues? Saving Andrew Miller for the playoffs How many innings do you expect from Danny Salazar? Salazar is a playoff, four-inning weapon Kluber has grooved into awesome The Trevor Bauer experiment...when does it stop being an experiment? Outing teammates political views, and how Trevor Bauer could give a shit less Bauer made the transition to a ground ball pitcher in 2016 Supplemental depth vs. long-term rotation depth Why didn't the Indians sign a lottery ticket who could fit into the rotation long-term, if needed? Doug Fister To be high on Clevinger, or not to be, but he is a high upside guy...without command Can Clevinger figure out control this late in the game? How elite is this rotation...really? Rotational dominoes, and how Kluber and Carrasco and affect the rest Oh yeah...Callaway! Will a healthy rotation mean 100 wins? A Jason Donald reference? Are we heading to a situation where we don't have a rotation or a bullpen, but just pitchers Love it or hate it, but the Indians are at the forefront of specialized baseball I plug Mike, and Mike plugs me, and we both plug Adam Burke...and screw Jeff...putting his family ahead of us..it's just not right Learn more about your ad choices. Visit megaphone.fm/adchoices
Jason Donald joins us to talk about some wonderful gift ideas from Skratch Labs!
We've invited Dr. Allen Lim and Jason Donald to share insights on how, what and when to hydrate, the importance of electrolyte and energy replacement and feeding strategies while training and racing. Jason was an elite professional cyclist who spent a few years as a member of the Garmin professional cycling team and Dr Lim also served as team physiologist for Garmin before founding SKRATCH LABS an innovative company that produces whole food performance electrolyte replacement and energy products for endurance athletes. Feeding, hydrating and electrolyte replacement is a critical aspect of performance and these two guys made their bones in international cycling competition where to survive, you have to get it right. No matter what level of competition, be it professional, recreational marathon running, obstacle racing, triathlon or cycling. This is a great episode to pay close attention to.
Producers note: Sorry about the lateness. I think I have the problems resolved. We played catch up on the latest Vault. After a break that included a few holidays, a Royalman wedding, and well, not a lot of Royals news, we were back at it.Troy and Mike discussed a couple of minor league signings and sized up the backup catcher spot (which is probably Ramon Hernandez's to lose now that he's signed a minor league deal), and also talked about Jason Donald and some utility infield options.The Royals announced their non-roster invitees, and we covered the group, focusing on the fun prospect names involved. Kyle Zimmer will get some looks, but does he have a shot to make the team? Jorge Bonifacio will be in camp with his brother, but how far away is he from the bigs? And then we talked about Jason Adam and talked about potential career arcs for him. Obviously, he's one of our favorites on the show, but we took a realistic look at what he might offer as a starter once he makes it to the big leagues.And we also talked about the Hall of Fame, the sanctity of the vote, and some names that just missed that really shouldn't have.
Jason Donald reading Puerta Galera. Part of an engaging and varied series of podcasts of leading authors reading their remarkable new stories, poems or essays on the theme of ‘Elsewhere’. Commissioned by Edinburgh International Book Festival and supported by the Scottish Government’s Edinburgh Festivals Expo Fund. You can read or download the Elsewhere stories, listen to more Elsewhere podcasts or watch the videos of events filmed live at the Book Festival on www.edbookfest.co.uk.
THE FREDCAST CYCLING PODCAST February 19, 2007 Sponsored by Cambria Bicycle Outfitter Use Promo Code on thefredcast.com for 20% Off Your Order! The first of our week-long series LIVE (almost) from the 2007 Amgen Tour of California. Prologue and Stage 1 Among the topics in today's show: * Some newspapers allege that Tour of California organizers chose to leave EPO out of 2006 drug tests. The not-so-subtle implication is that it has something to do with the fact that Amgen makes EPO. * Prologue Results including Phil Ligget's musings on the time keepers vis-a-vis Jason Donald's amazing early results. * Stage 1 Results including comments about the crowds, Dave Zabriskie's crash, the horrific crash near the finish, and comments from the post-race press conference. * Interview with Chuck Hodge, Tour of California technical director. * Interview with Sammarye Lewis