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The Canadian Parvasi - Issue105

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<strong>The</strong> International News Weekly Canada<br />

August 02, 2019 | Toronto<br />

03<br />

Statistics Canada takes second look<br />

at ethnicity question on census<br />

<strong>The</strong> <strong>Canadian</strong> Press<br />

OTTAWA : Statistics<br />

Canada officials estimate<br />

the number of people identifying<br />

as Jewish in the<br />

2016 census could have been<br />

double what it was if not for<br />

a small change on the questionnaire.<br />

<strong>The</strong> number of people<br />

identifying themselves as<br />

ethnically Jewish on the<br />

census has been on a decline<br />

since 2001, but the drop between<br />

2011 and 2016 far outpaced<br />

the declines between<br />

previous census cycles.<br />

A newly released review<br />

by Statistics Canada<br />

says the census could have<br />

identified between 270,000<br />

and 298,000 Jews in Canada<br />

in 2016 if response patterns<br />

remained steady, instead of<br />

the almost 144,000 captured<br />

in the population count.<br />

<strong>The</strong> review says the decline<br />

is most likely linked to<br />

the removal of Jewish from<br />

a list of examples that goes<br />

along with the question<br />

about ethnic and cultural<br />

origins.<br />

But the reviewers also<br />

note that dropping the examples<br />

entirely could cause<br />

additional problems, such<br />

as respondents not understanding<br />

the question or affecting<br />

the results in different<br />

ways.<br />

<strong>The</strong> national statistics<br />

agency is now testing a new<br />

way to ask people about<br />

their ethnic origins, trying<br />

to wrangle a complex issue<br />

into a simple-to-understand<br />

question in time for the 2021<br />

population counts.<br />

Mr. Rajinder Saini CEO, <strong>Parvasi</strong> Media Group meet<br />

with Mr. Michael Coteau, MPP, Don Valley East and<br />

former Minister of Tourism, Culture and Sport at<br />

<strong>Parvasi</strong> TV studio. He has recently announced to<br />

contest for Ontario Liberal Party leadership.<br />

Man planned to kill ex, not her uncle,<br />

appeal court says in changing conviction<br />

TORONTO: Ontario’s<br />

top court says a Toronto<br />

man who planned to kill<br />

his estranged wife but<br />

ended up killing her uncle<br />

instead should not be<br />

convicted of first-degree<br />

murder because the uncle<br />

was not the plot’s intended<br />

target.<br />

In a decision released<br />

this week, the Court of<br />

Appeal for Ontario says<br />

that while jurors found<br />

Willy Ching intended to<br />

kill his ex’s uncle in the<br />

moment, there was no<br />

planning and deliberation<br />

involved in that slaying.<br />

Meanwhile, the person<br />

he did plan to kill —<br />

his former spouse — was<br />

unharmed, which means<br />

the death of her uncle<br />

cannot be considered<br />

to have occurred as part<br />

of that plan, the court<br />

said.<br />

As a result, the court<br />

says Ching’s conviction<br />

for first-degree murder<br />

should be quashed and<br />

replaced with one for<br />

second-degree murder,<br />

which does not involve<br />

advance planning.<br />

Court heard Ching<br />

bought a hatchet and<br />

knife and was trying to<br />

get into the home where<br />

his estranged wife, Maria<br />

Ching, was staying, but<br />

her uncle intervened and<br />

was fatally wounded in<br />

the struggle.<br />

<strong>The</strong> appeal court says<br />

the trial judge erred in<br />

telling jurors they could<br />

find Willy Ching guilty<br />

of first-degree murder if<br />

they found he planned<br />

to kill his former spouse<br />

and killed her uncle, Ernesto<br />

Agsaulio, in the<br />

process of carrying out<br />

that plan. His plan was,<br />

in fact, not carried out, it<br />

said.<br />

<strong>The</strong> court said the<br />

trial judge misapplied of<br />

a ruling by the Supreme<br />

Court of Canada in a case<br />

involving a man who accidentally<br />

killed his children<br />

while trying to kill<br />

his spouse.<br />

“<strong>The</strong> jury found that<br />

the appellant intended<br />

to kill Mr. Agsaulio …<br />

<strong>The</strong> planning and deliberation,<br />

however, was<br />

in respect of a different<br />

intended killing, the killing<br />

of Ms. Ching,” the<br />

appeal court wrote in its<br />

decision, noting jurors<br />

were not asked to consider<br />

whether the uncle’s<br />

murder was planned and<br />

deliberate.<br />

“<strong>The</strong> plan to kill Ms.<br />

Ching never reached the<br />

point where the appellant<br />

executed the killing. Ms.<br />

Ching remained on the<br />

second floor of the house<br />

well beyond the reach of<br />

the appellant. One will<br />

never know whether, had<br />

the appellant been allowed<br />

into the house, he<br />

would have carried out<br />

his plan,” it said.<br />

“<strong>The</strong>re is a sound policy<br />

reason for concluding<br />

that an accused who intentionally<br />

kills person<br />

B when in the course of<br />

carrying out the planned<br />

and deliberate murder of<br />

person A will be guilty<br />

of second-degree murder,<br />

whereas an accused<br />

who accidentally or mistakenly<br />

kills person B<br />

when person A was the<br />

target will be convicted<br />

of first-degree murder,”<br />

it said.<br />

“This result reflects<br />

the fact that in the first<br />

case the actual killing<br />

may well have been impulsive<br />

while in the second,<br />

it was the result of<br />

a planned and deliberate<br />

act.”<br />

However, the court<br />

rejected arguments that<br />

the trial judge had also<br />

erred in his instructions<br />

to jurors regarding Ching’s<br />

attempt to jump<br />

over a staircase railing<br />

upon learning Agsaulio<br />

had died, and those regarding<br />

Ching’s conflicting<br />

statements in his<br />

testimony and police interviews.<br />

Court heard the couple’s<br />

marriage fell apart<br />

in 2009 and that September,<br />

Maria Ching moved<br />

out of their shared home<br />

to go live with Agsaulio<br />

and his family in nearby<br />

Mississauga, Ont.<br />

Willy Ching did not<br />

accept that the marriage<br />

was ending and repeatedly<br />

tried to speak to his<br />

former spouse, the decision<br />

said.<br />

In October, Ching became<br />

upset after unsuccessfully<br />

trying to access<br />

his ex’s email account,<br />

and bought a knife and<br />

hatchet, the document<br />

said.<br />

<strong>The</strong> next day, he<br />

drove to Agsaulio’s house<br />

in an effort to see his exwife,<br />

the document said.<br />

<strong>The</strong> couple’s daughters<br />

alerted their mother,<br />

who then called Ching<br />

and told him to go home,<br />

the ruling said. He asked<br />

her to come outside to<br />

talk, but she refused and<br />

warned her uncle that<br />

Ching was on his way to<br />

the house, it said.<br />

When Ching rang the<br />

doorbell, it was Agsaulio<br />

who answered and<br />

refused to let him in,<br />

the document said. <strong>The</strong>y<br />

talked for a few minutes,<br />

then Ching began<br />

“hacking and slashing”<br />

at Agsaulio before he<br />

could be restrained, it<br />

said.<br />

Agsaulio was still<br />

alive when Ching was arrested<br />

and charged with<br />

assault, it said.<br />

He gave a statement<br />

to police, saying he had<br />

only wanted to talk to his<br />

wife and had not tried to<br />

kill anyone, it said.<br />

By the end of the interview,<br />

however, police<br />

informed Ching that Agsaulio<br />

had died and the<br />

charge would be upgraded<br />

to first-degree murder,<br />

the decision said. Ching<br />

then asked to use the<br />

bathroom, ran towards<br />

the stairwell and tried to<br />

“fling himself headfirst<br />

over the railing,” but officers<br />

held him back, it<br />

said.<br />

He gave a second<br />

statement to police the<br />

next day, repeating<br />

that he had gone to the<br />

house to speak to his ex<br />

and had not intended to<br />

hurt anyone, the document<br />

said.<br />

Ching said he had<br />

brought the knife and<br />

hatchet because he wanted<br />

to threaten to hurt<br />

himself if his ex didn’t<br />

take him back, it said.<br />

Second-degree murder<br />

carries an automatic<br />

life sentence with no<br />

chance of parole for 10 to<br />

25 years.

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