Winnipeg Free Press

Winnipeg Free Press (Newspaper) - April 16, 1981, Winnipeg, Manitoba Ken free press Hydro dispute focus turns to handwriting by Cecil Rosner progressive parly Leader Sidney Green turned detective yesterday and unearthed a 1974 letter from Manitoba Hydro lawyer Steward Martin claim ing it contained handwriting identical to the Anonymous document which has been the Centre of controversy in the legislature for a week. Green Inkster challenged the government to compare the writing on a hand printed correction in the seven year old letter with writing on the Docu ment mailed anonymously to nip Hydro critic Jim Walding last week. He said it was his opinion that the two were identical which would prove Martin is the author of the document my bids to halt inquiry by Steve Pona a Winnipeg doctor who stitched beads on an Indian patient during sur Gery in november has filed a court motion in a bid to prohibit the Manitoba human rights commission from investigating a complaint about the Inci Dent. The motion filed in Manitoba court of Queen s Bench yesterday for or. John Teskey says the commission does not have the necessary jurisdiction to Deal with the complaint. It also claims part of the human rights act is unconstitutional. The motion asks for an order prohibiting the commission from taking any further proceedings on the complaint filed in december by Jesse Rieber of Winnipeg. The motion is scheduled to be heard by a judge on april 23. Teskey a pulmonary surgeon at St. Boniface general Hospital attached decorative beads to the Chest sutures of Elsie Miles after an opera Tion to remove a benign lung lesion. She later said she suffered grief and humiliation. Former supreme court of Canada Justice Emmett Hall said in a report on the incident that the doctor had hoped the action would have some therapeutic value and please his patient. He said it was not a joke nor an act of racism. Rieber said in an interview yesterday he filed his complaint because he wanted to know whether her human rights had been violated. The Anonymous document which purportedly comes from one of Hydro s counsel is a harsh criticism of the Tritschler inquiry into Hydro develop ment. Written As a draft presentation to the commission it outlines arguments Why the Hydro Board should Challenge the activities of the conservative appointed inquiry in the courts. Opposition spokesmen say the Docu ment is proof that Deputy Premier Don Craik misled a legislative commit tee when he said Hydro had never received Legal advice to Challenge the Tritschler inquiry in the courts. They have tried unsuccessfully to have mar tin called As a witness to testify whether he wrote the document. Premier Sterling Lyon and other government spokesmen have questioned the veracity of the seven Page undated and unsigned document. Green attacked the government for using terms such As half hoax and fabrication in referring to the Docu ment which Walding made Public last week. The allegations affected the privilege of members of the House he said and called into question Walding s integrity. Comments a slight Walding also said yesterday the com ments made by Lyon in the House and by Craik in a television interview Are an implied slight against him. The 1974 letter addressed to former premiered Schreyer former Hydro chairman Len Bateman and Green outlines Martin s concerns about court action taken by residents of South Indian Lake against Manitoba Hydro. It is labelled private and confidential and Green said he would table Only the first Page of the letter unless the legis statistics Canada census takers Are taking to households of Canada to count the nation s Heark a o Scauo. How Many Are we lature wanted the entire document assistant regional director Daryl Lane examines questionnaires he will distribute to an enumerators who Wil roam Winnipeg for the census ending june 3. Virtually identical to letters which appear on the fifth Page of the seven Page mystery document mailed to Walding. Martin has claimed his solicitor Cli ent relationship with Hydro prevents him from confirming or denying the Winnipeg free press thursday. April 16, 1981 3 officer s testimony refused provincial judge Ian Ubienski yesterday ruled the testimony of a police officer whose investigation into a Man charged with bookmaking offences was based on inadmissible wiretaps and could not be introduced As evidence. The judge refused to allow the officer to testify in the Case against James Stephen Wilson 36, of Winnipeg. He ruled the evidence was derivative of wiretaps already ruled Inam Issaie. Wilson has pleaded not guilty to nine betting related counts including five of keeping a common betting House. Judge Ubienski last week refused to accept evidence obtained under four wiretap authorizations saying the manner in which the police accumulated it would bring the administration of Justice into defence counsel Rocky Pollack had objected to the evidence. Court was told the authorizations to intercept private conversations were granted on the basis that police had tried other investigative procedures and failed and that other procedures were unlikely to succeed. Wiretaps however judge Ubienski noted Winnipeg police Insp. Anton Cher Niak who directed the investigation had testified wiretaps were the sole investigation used and no other investigation was in applying to court of Queen s Bench for the authorizations Cherniak knew what the court had to know and he supplied it to he said. The judge said he is inclined to say the police have developed a pattern of application based on the Protection of privacy act clearly established a Standard to protect privacy rights. The right of the police to intercept is Given with Clear procedures and limits. It is the Obliga Tion upon the court to see that they Are adhered to lie said. In this Case while the procedures have been adhered to that is the substantive procedures has the spirit and the objectives of the act been adhered to i doubt judge Ubienski said. A number of witnesses were called by the Crown yesterday to testify about their betting activities involving Wilson in 1978. Pollack objected to the testimony saying the witnesses would not have been in court had it not been for the wiretaps. The trial continues today. Of very very easy Way of dealing with this Green said. And that is to ask or. Martin whether it is attorney general s department has experts who could give a More informed comment on whether the handwriting on the two letters is indeed similar Green said. Speaker Harry Graham said he would take under advisement Green s motion to have the whole affair referred to the legislative committee on privileges and elections. Legal Aid turns away convicted la Wilson qualifies for help in fight to get Back salary but Agency deems his Case uni image eight groups get foundation Grants eight organizations in the City will receive charitable Grants totalling 075 from income earned on the capital of the Winnipeg foundation. St. Boniface Hospital psychiatric unit will be provided with a Grant of for furnishings and Interior decoration. The unit consists of 56 rooms with space for 40-Day patients and expects to Han dle out patient visits a year. Other Grants approved by the foun Dation include for the salvation Gerry Cairns Winnie fun a Refl army for Mossbrook House for the associated festivals 500 for the mar Mound school and for Dogwood Manor a personal care Home in East Kildonan. The foundation also announced it has received a total of in gifts and bequests including to admin ister on behalf of the health sciences Centre research foundation inc. And from the Manitoba theatre Centre foundation. By Ingeborg Boyens Legal Aid Manitoba has dismissed Bob Wilson s plea for help in fighting the government legislation that stripped him of his la s salary. Although Wilson qualifies for help. The Legal Aid society determined this week there is no Merit to initiating civil proceedings to test the legislation in the courts. Wilson said yesterday lie could t understand Why the Legal Aid society saw no Point in challenging the Law when legislators have maintained the clauses should be tested. Now i want to test it in the courts just like they said i should and they the society deny me my the Wolseley la said. Wilson was convicted by a 12-Man jury last november of conspiracy to import and traffic in marijuana. He was sentenced to seven years in jail but was released on bail Pend ing the outcome of his Appeal. The Manitoba court of Appeal will hear his Case May 19 and 20. A Little used Section of the criminal code Section 682, which strips Public officials of office if convicted and sentenced to More than five years in jail was used to keep Wilson from taking his seat in the legislature during the current session. Provincial legislation approved feb. 22 barred Wilson and any other la convicted of an indictable offence from sitting in the legislature. The retroactive Bill also prohibited the former progressive conservative from receiving his annual salary and allowance Worth about Wilson said it was obvious some pressure had been put on the Legal Aid society to keep his civil Case out of the courts. A lawsuit challenging government legislation in the Middle of an election year could be embarrassing he said. They Are playing politics with my right to go to Wilson said. I m concerned that they sit As chief judge and however Bob Freedman executive director of Legal Aid. Said there had been no pressure. We treated his application in the same objective manner As anyone he said. Freedman agreed Wilson qualified for Legal Aid on financial grounds. But weeks of considerable research showed there was no real Chance of winning a lawsuit. No explanation Freedman said applications for Aid Are approved Only if there is a tangible Hope for Success. However he would not explain Why a the Legal Aid society Felt Wilson s civil i society suit would be unsuccessful. Freedman said any comment May prejudice Wil son s Appeal to the Legal Aid Board tuesday. Wilson s former lawyer Jay Prober. Said he thought the Case against the legislation would be easy to win. Lawyer Hymie Weinstein said he would t want to speculate whether the Challenge would be successful. I m Nui As confident As or. Freed Man so As to predict what a judge will but Weinstein said Legal Aid should provide Wilson with the requested help to Clear All allegations of interference. He is asking the government to fund his fight against the Weinstein said. For. The appearance of Justice they should give him a solicit Weinstein said he thought it would be worthwhile for the criminal code Sec Tion and the retroactive legislation to item. John Lamont. Chairman of the bar association s constitutional Law com Mittee said any retroactive Legisla Tion is unsatisfactory and unjust. It s pretty rough Justice for or. Wilson but there is nothing unconstitutional about citizens information service gets Council approval for one year trial tuba play five piece Brown Bagger treat or Michael Este rep helped add a Little musical dessert to lunch bags Vesterdal As the Winnipeg brass ensemble performed two Brown bag concerts at Winnipeg Square City Council last night approved the one year trial of a Central information service to respond to citizen inquiries. The office to be staffed by a supervisor and two clerks will be in a separate Section of the City clerk s department. No new staff will be hired for the service As the City s vital Statis tics department is being phased out and manpower for the information office will be reassigned from existing staff. During the last Quarter of the information department s trial operation the personnel department will review its Success. Before passing the motion some councillors confessed they have difficulty finding the right person to obtain information from the civic administration. I m still having trouble with the City administration Telephone said coun. Charles Birt. Establishing the information office is absolutely for a cily the size of Winnipeg he said. Coun. Joe Zuken vowed to test the new office himself to see what kind of information is really he urged councillors to consider establishing a civic ombudsman. Coun. Harvey Smith said right now a citizen is just lost when attempting to get information from the City. The new service is not Ideal but it s the Best we can come up with at a reasonable he said. City Hall notebook buildings to be leased Council yesterday approved leasing the historic Hamilton and Canadian Bank of Commerce buildings for a year for 10 years. The City plans to use the Hamilton building 395 main Street to House the environmental planning depart ment and the claims Branch of the finance department. It will require about in renovations. If the City can find a tenant to sublet the Bank of Commerce building 389 main Street would be spent to prepare it for occupancy. The buildings Are owned by the Canadian Imperial Bank of com Merce. Hockey Gate split okayed Council did it for the St. Boniface mohawks hockey club so last night they did it for the North end flyers by agreeing to a 70-30 percentage Gate split with the Canadian Amateur hockey association. City policy requires a 60-40 split on ice rentals at City owned indoor Arenas. But the Caha requires 70 per cent of the Gate so on april 1 Council deferred to the Caha Rule so the mohawks could play the Western finals of the Allan cup on Home ice. A rider to that waiver said it should not be considered a precedent. The North end flyers which open the Western finals of the Hardy cup tomorrow then asked for the same consideration so they could play on Home ice. Last night Council agreed. Dog Pound report sought City Council has asked the civic prop erties department for a report on Avail Able facilities which could Best accommodate a City dog Pound service. Council also approved the hiring of four temporary Pound keepers and a temporary clerk for Pound services following discussions with the civic employee Union on hours of work. Following the hiring of the temporary personnel the administration is to re View manpower requirements and facilities and report Back to the finance committee within six months. The actions Are part of a move to determine whether to centralize the City s Pound services an option already preferred by finance committee. The City now operates two Pound buildings in fort Garry and St. James uses the Winnipeg humane society dog Pound and hires the services of Ken Neth j. Patterson in Charleswood ;