Winnipeg Free Press

Winnipeg Free Press (Newspaper) - April 16, 1981, Winnipeg, Manitoba 4 Winnipeg free press thursday april 16, 1981 premiers remain opposed to i continued from Page 1 of rights in the Constitution at the time of palliation. The charter of rights is not some thing that can be imposed by the parliament of the United kingdom on the people of Canada especially when it purports to take Powers away from the provinces without their said Lyon chairman of the meeting. Neither Trudeau Hatfield nor Davis were invited to the meetings yesterday and today. The Quebec Challenge was the third and last to be heard by provincial Appeal courts at the Behest of the dissenting provinces British Colum Bia Alberta Manitoba Quebec Newfoundland and Prince Edward Island. Saskatchewan and Nova Scotia oppose the Federal plan but did t join the Legal Challenge. Manitoba s High court ruled for Ottawa by a three to two margin while the Newfoundland supreme court decided unanimously in favor of the provinces. Reaction from the Federal politicians to the Quebec decision was predictable. The liberals and new democrats were thrilled while the progressive conservatives vowed to continue fighting the Patria Tion plan. In its judgment the Quebec court of Appeal said that Ottawa does not need provincial consent to seek amendments to the Canadian Constitution. The five judges agreed unanimously that Trudeau s plan to Patriate the Constitution from Britain with an entrenched charter of human rights would in some cases infringe on provincial jurisdiction. But four of the five went on to conclude that the Federal government has the Legal Power to go ahead in spite of provincial objections. The Quebec court was responding to two questions posed by the dissident provinces. The first asked whether pro visions in the Trudeau package would affect provincial Powers while the Sec Ond asked whether Ottawa has the constitutional Power to seek constitutional amendments without provincial consent. In the main 144-Page judgment chief Justice Marcel Crete writing for the majority supported the Federal position that the British parliament has the sole Power to Amend the British North America act. In Legal terms the ban act is a Law which can Only be modified or changed by another Law coming from the same legislative authority that adopted the initial Law that is to say the Parlia ment of the United Justice Crete added that based on past practice the Correct procedure for seeking amendments to the ban act is for the Canadian House of commons and the Senate to make a joint request to the British parliament. He noted that since enactment of the ban act in 1867, the Canadian Constitution has been modified 22 times through such procedures in the majority of cases without the consent of All the provinces and in certain cases despite their i would add still on Legal terms that the constitutional move of the Federal government even if it is uni lat rioters in Belfast set fire to vehicle after police stopped March by Irish Republican army supporters outside City Centre. 1 t i 1 1 1 1 Cash qty Litif Tkocs t Tyl q re Oll to ill us leu Allyl ulu col ill Ollil Al Al at from the news services Belfast More than 100 youths hurled bricks and gasoline bombs at Londonderry police yesterday after a peaceful protest March by sup porters of jailed Irish Republican army guerrilla Bobby Sands authorities said. Police fired Back with plastic bullets but reported no injuries or arrests. Police and soldiers in riot gear blocked a similar March into Belfast s City Centre and in Dungannon 11 peo ple were detained during fighting. Coalfield violence flares new violence broke out in the West Virginia coalfields yesterday and Coal trucks were pelted with rocks in Ken Tucky amid reports that the United mine workers and Coal operators Are still far apart on ending a 21-Day strike by miners. West Virginia authorities arrested two Philpott Coal corp. Guards on charges of firing at two ump officials. Kentucky state police said rocks were thrown at Coal trucks passing a group of about 50 pickets. No injuries or arrests were reported. In Washington talks Between the ump and the bituminous Coal opera tors association were recessed until tomorrow after a meeting ended with no Progress reported toward a new contract. Executives dismissed London the top two executives of the Playboy organization in Britain lost their jobs yesterday within hours of police moving to shut three of its Lon Don casinos. Police said they served notices of objection to renewal of gaming licences for the casinos based on alleged violations of gaming Laws. Terrorists reported slain Tel Aviv israeli troops shot Down a helium filled balloon carrying a Tel Al Kala Lebanon a syrian forces have captured All the Hills surrounding Zahl neutralizing the Christian militiamen holding the City below and easing syrian fears that the pro israeli militiamen would give israeli invaders a Back door route into Syria. In a guided tour for reporters yester Day syrian officers displayed the Cor Don of tanks and troops established on the hilltops by attacks since april 1 on the Christian phalanges party s Mili Tia. Syrian artillery opened up on Zahl and Christian positions in the Hills around it after the christians built a Road across the Lebanon Range so they could Supply the militia in Zahl 50 Kilometres East of Beirut and 30 kilo metres from the syrian Border. The City of is on the Beirut Damascus Highway but the syrian army controls that route. Syria demanded the pro israeli Pha Lang its pull their forces out of Zahl the capital of Bekaan province. Syrian sources said the Damascus government feared if the christians controlled the province they would let Israel invade Syria through it to skirt syrian front line fortifications on the Road from the Golan Heights to Damascus. The Phalanx its rejected the syrian demand and the ensuing fighting spread from Zahl to the so called Green line dividing the Christian and moslem sectors of Beirut the lebanese capital. At least 245 civilians were killed and wounded before a ceasefire diminished the shooting. Some of the sharpest encounters came last weekend after the ceasefire when Christian soldiers were flushed from fortified positions at Tel Al Kala 3.5 Kilometres Northeast of Zahl the syrians said. In Jerusalem prime minister Mena chem begin disclosed that Israel has helped the Christian militiamen in Zahl but did not explain How. Syrian forces moved into Lebanon in november 1976, to help quell the 18 month civil War Between the Christian militias and an Alliance of lebanese moslem leftists and palestinian guerrillas. The syrians sided with the christians to prevent a leftist Victory stayed on to police the armistice and switched their support to the mos lems. There has been almost constant Fric Tion Between the syrians and the christians since 1978 when the christians forced the syrians to withdraw their forces from Christian enclaves. Squad of palestinian guerrillas Early today killing several of the guerrillas the israeli military command announced. The balloon was downed on the israeli lebanese Border near the settlement of manara in the Northern Galilee pan handle the command said. No further details were disclosed. Blacks cancel rally plans London about 300 Blacks in Brixton announced last night they were calling off a rally scheduled for next weekend in the violence torn South London District. But they urged a boy Cott of a government investigation into last weekend s clashes Between Black youths and police. Both decisions were taken during a meeting sponsored by the newly formed Brixton defence committee formed following rioting which resulted in More than 200 arrests and injuries to about 150 police officers. Louis gets preference Washington president Reagan has ordered that former heavyweight boxing Champion Joe Louis who died earlier this week be buried in Arling ton National cemetery officials said yesterday. Acting As commander a chief Reagan waived restrictions which normally would have barred the famed Boxer from being buried in the historic cemetery. Blast traps 15 miners Redstone Colo. Rescue Crews inched their Way along a mine Shaft Early today trying to reach 15 miners trapped by an explosion that swept through the lower limits of a Coal mine on Colorado s Western slope. Seven men came out of the mine in two groups after the Biasi yesterday afternoon. Four were uninjured but three were admitted to Hospital for treatment of Burns bruises and Shock. Eral is three other judges George Owen Jean Turgeon and Laurent Belanger wrote separate opinions agreeing that Ottawa has the Power to act unilaterally. In the sole dissenting opinion Justice Claude Bisson described the Issue of unilateral Patria Tion As a Constitution Al problem without precedent in Canadian judicial history the Canad an parliament does not have the Judi Cial capacity to act the Way it is doing at his argument was based primarily on resolutions passed by conferences held in Quebec City and London in 1864 and 1866 to set the foundation for the Canadian federation. Rather than forming an All powerful Central government similar to that created by the 1840 act of Union Between Quebec and Ontario the 1867 confederation was a Compromise among provinces which wanted to re Tain some of their authority Bisson wrote. All five judges said they agreed with Justice Crete s opinion that provisions in Ottawa s constitutional proposals could affect provincial Powers in cer Tain Fields. Crete touched Only briefly on the Issue saying it was not the time to speculate on the judicial consequences of the proposed Constitution. But he said one of the main effects of an entrenched charter of rights would be that the courts would have the last word in Many Fields previously under exclusive jurisdiction of the provincial Legislatures. Editors extract confession that Story fabricated continued from Page 1 i just think it s a very unfortunate situation to which the Washington Post has responded Elliott said. I feel very sad that the talented Young woman s promising Ca reer has been damaged so needlessly and i Hope not in a statement yesterday Cooke 26, said the article was a serious misrepresentation which i deeply re Gret. I apologize to my newspaper my profession the pulitzer Board and All seekers of the Cooke s Story published last sept. 28, told of the life and views of an 8-year-old identified As Jimmy. The Story said he had been addicted to heroin since the age of 5, when his Mother s live in boy Friend first Al Lowed the child to sniff some heroin. It said the boy Friend was a heroin dealer and that Jimmy s Mother and grandmother also were heroin addicts. The Story quoted Jimmy As saying he went to school Only to learn math so he could be a better drug dealer when he grew older. In the Story Jimmy compared life under the influence of heroin to going on every ride in an amusement Park on a single Day. The end of the article described a scene in which the boy Friend injected Jimmy with heroin. Pretty soon the boy Friend was quoted As saying you got to learn to do this for Cooke told her editors before publication of the article that she got to see Jimmy and his Mother because she promised them anonymity. Cooke also told the editors that the Mother s boy Friend had threatened her life if any authorities or police discovered Jimmy s whereabouts. Upon publication the article prompted a Strong and immediate response in the City. Mayor Marion Barry and chief of police Burtell Jefferson assigned a task Force of police and social workers to locate the 8-year-old cited in the Story and to. Obtain medical treatment for him. Sceptical when the child could not be located Barry and Jefferson voiced deep scepticism about the Validity of the Story. Barry said he believed Jimmy did not exist or was a composite of sever Al different youngsters. Barry and Jefferson were informed of the True circumstances of the Story Early yesterday afternoon by Brad Lee who apologized to both men. This is really in line with what i said the first Barry told report ers. I did t believe the Story in the first in a statement Barry said i am concerned and will continue to be concerned about the accuracy of information disseminated to our residents from the news the Post Learned that irregularities might exist in Cooke s autobiographical submission to the pulitzer Board Early tuesday afternoon when officials at Vassar College called Brad Lee and told him Cooke had not graduated Magna cum laude but in fact had Only attended the school for her freshman year. At the same time the associated press called Post managing editor Howard Simons to report that a staffers in Ohio were being told that Cooke had not received a master s degree from the University of Tole do. As soon As they received these re ports Bradlee Simons and editors on the Post s metropolitan staff began a series of intensive interviews with Cooke. At first she insisted her pulitzer autobiography was accurate. Slowly one item at a time she con fessed to the fabrications in the autobiography. These confessions prompted the editors to question the Validity of the Story for which she had been awarded the pulitzer. For several hours Cooke insisted the Story was True that Jimmy existed. At a meeting Early in the eve Ning Bradlee and assistant managing editor Bob Woodward told Cooke they had serious doubts about the Story. Bradlee told Cooke she had to prove Jimmy s existence As soon As possible or admit that the Story was a Fabrica Tion. Cooke said she would attempt to prove Jimmy s existence. Notes examined she and City editor Milton Coleman drove to the neighbourhood in Southeast Washington where Cooke had maintained that Jimmy lived. Cooke was unable to find Jimmy s House. Back at the Post several editors examined the file of notes Cooke took when reporting the Story and listened to several tape recorded interviews she had done with drug experts. There were no notes of Cooke s first supposed encounters with Jimmy and his family. But some of the notes and the tape recorded interviews indicated that Jimmy s world could have been a composite of the lives Cooke heard about from the experts and social workers. When Cooke and Coleman returned to the Post unable to find Jimmy s House they met with Woodward and two other editors. The meeting lasted several hours with Cooke insisting she would stand by her Story. Finally Early yesterday morning she con fessed that Jimmy did not exist that he was a composite of several Young drug users. The Post is investigating the Inci. Dent. Bradlee serious doubts mayor s action termed desecration of War victims continued from Page 1 ceremonies was ironic because it came at a time when he made a Good move in establishing the mayor s advisory com Mittee on race relations. Can t he see the contradiction it certainly in t anything that would bring credit to the mayor or the City of and is a desecration of those people who were murdered in the holocaust and those relatives who managed to Zuken added. Six million jews and millions of other nationalities died in the holocaust he noted. You have to be sensitive about these things. If he Nome was t sure the Library is very close to City Hall and we have a research Deputy mayor Pearl Mcgonigal said Zuken s concerns would be brought to Nome s attention when he returns from Ontario. Yanofsky said he was concerned that the mayor was told in Advance of the history of Independent Croatia. I personally take exception to it Nome s participation because of the Nome should give an explanation to City Council and not just civic executive policy committee because by participating in the Celebration he represented All councillors Yanofsky said. It s a matter that reflects on All members of again Mcgonigal said the matter would be brought to Nome s Atten Tion. Pole ashamed of party continued from Page 1 How hard the leadership will fight against such changes is a major ques Tion. Obviously Moscow will be push ing them to resist but rank and file delegates seemed convinced yester Day that in a democratic forum they would easily prevail. The meeting organized Only Over the past few Days involved representatives of grass roots party organizations from 19 cities or areas from throughout Poland. The grass roots organizations have sprung up since last summer s labor unrest in response to growing dissatisfaction within the ruling communist party itself and with the Way Poland s leadership has responded to the new Era ushered in by the Independent free Trade Union movement. We re ashamed to be led by a party like one speaker said in a com ment that summed up Many of the remarks made yesterday. Delegates roundly criticized the party leadership the ruling politburo and the policy making Central commit tee for its slowness in responding to party Reform and the attitudes taken to Ward the Independent unions. Ruined Economy we Are not challenging communist ideology but we Are challenging the Gap Between communist theory and prof. Lech Witkowski told reporters at a briefing during the con Ference. The real anti socialist elements in Poland Are those that have ruined the another speaker said in a reference to past party policy. A third objected that the party Lead ers were Able to come up with Only two words Solidarity and strike to explain Poland s economic collapse. One Delegate Drew loud and Long applause when he demanded by name the ouster of Stefan Olszwski a politburo member who is considered to be a pro soviet hardliner. The speakers in general called for fully democratic systems of electing party members the removal of top officials who have lost their govern ment jobs through incompetence or corruption but remain on the Central committee and greater press Freedom to allow a better informed citizenry an Opportunity to make reasoned political judgments ;