Winnipeg Free Press (Newspaper) - May 5, 1981, Winnipeg, Manitoba
4 Winnipeg free press tuesday May 5. 1981 Urt from the news services Ottawa after five Days of hear Ings on the Federal Constitution pack age the nine Man supreme court of Canada must now wrestle with the question of whether provincial consent is required for constitutional change. But the justices May be As divided As the country s politicians after hearing the arguments of lawyers for the Feder Al government supported by Ontario and new Brunswick and the eight provinces opposed to Ottawa s plan. Chief Justice Bora Laskin reserved judgment As the hearings ended yester Day. But the 56 lawyers who represented Ottawa and the provinces already were guessing at the outcome. A judgment in t expected before Early june. I think the court is divided to some said Federal lawyer Michel Robert. From the questions i would say that some judges Are in favor of the provincial position and others Are in favor of the Federal position. I would not dare to give you any if the judges Back Ottawa the British North America act May be returned to Canada within weeks along with an amending formula and a charter of rights. If they Side with the eight provinces opposing the package prime minister Trudeau has indicated that a of a fight will follow. Parliament has agreed to set the matter aside to await the court s Rul ing. A favourable decision would mean rapid passage Here of a Resolution setting out the proposed changes. The British parliament would then be expected to enact them. The eight provinces oppose tru Deau s amending formula and Are against the charter of rights which they say would affect their Powers. Manitoba lawyer Kerr twaddle in leading the provincial Case said that by convention Ottawa cannot Amend the Constitution without the consent of the provinces that Are affected. Most of the provinces said unanimous consent is needed but Saskatchewan Issue Mega head Happy report rejects private liquor sales argued for a consensus adding that this would require More than support of Ontario and new Brunswick. The Federal position is that legally speaking there is no requirement for provincial consent. Ottawa has sought provincial support by tradition As a political convenience. The Case involves appeals from three provincial High court judgments Only one of which was unanimous. The Newfoundland court of Appeal ruled 3-to-o that the package is unconstitutional because of provincial opposition. But the Manitoba court backed Ottawa 3-2 and Quebec ruled 4-1 in Ottawa s favor. The support of five of the nine supreme court of Canada judges is needed to make the package Legal. Or. Justice Ronald Martland 74, and or. Justice Roland Ritchie 70, these Nior members of the court and or. Justice Brian Dickson questioned fed eral lawyers closely about their con Tention that provincial support in t needed. Ontario attorney general Roy Mcmurtry supporting the Federal Case had to agree that under the Ottawa argument the Federal government could unilaterally abolish the provinces by amending the Constitution or even impose official bilingualism on Ontario without Ontario s consent. He said political reaction made such changes unlikely. Federal lawyer Raynold Langlois wrapping up the Case yesterday said the provinces blew their Chance 50 years ago to Stop Ottawa from acting alone to Amend the Constitution he said the provinces were unable to agree on an amending formula at a 1927 Imperial conference in London. As a result Britain retained its Power to change the Constitution at the re quest of the Canadian parliament a procedure spelled out in Britain s 1931 statute of Westminster which gives the provinces no formal role in the amending procedure. Up photo by John Sullivan recommendations from the prov Ince s liquor review committee were generally Well received yesterday. Gary doer president of the Manitoba government employees association said he was relieved the report rejected private Beer and wine sales which the Mega vehemently opposed saying scores of its members could be put out of work. We re pleased the Michener com Mittee recognized the advantages of the Manitoba system and has not promoted the Quebec system of wine and Beer sales in grocery doer said. Doer said the review committee chaired by Winnipeg architect Mel Michener has t changed the Basic sys tem and had made some improvements in but he said the Mega still has some peripheral concern with the committee s support for a few privately run specially wine stores and the phasing out of one Man liquor stores in 12 Rural centres. Doer said the committee s 200-Page Mercier notes past efforts to raise drinking age failed continued from Page 1 lounges and clubs. Mercier said recommendations on the drinking age hours of operation advertising identification cards and occasional permits would All require changes to the liquor act. He said that after reviewing the report Cabinet could direct the Macc to investigate the idea of private Spe Fialty i could personally support that rec he said. There May also be some matters that can be changed by regulation and looked at immediately by Cabinet noting that a 1978 private member s Bill to raise the drinking age to 19 was rejected by the legislature Mercier said any resurrection of the Issue would probably come from an individual la rather than the government. He also said he will ask the health and education departments to examine a proposal for wide ranging alcohol education programs in High schools. Special funding the Michener committee urged the health ministry design the programs and school divisions receive special funding to implement them. As Well it reaffirmed a 1955 Call by its predecessor the Bracken commis Sion on liquor Law for alcohol education programs for the general Public. The Michener committee was appointed in february 1980, to examine the Sale and distribution of liquor licensing enforcement Appeal proce dures advertising pricing and Regula Tion of the Industry. The committee received More than 90 submissions and held hearings last May. The committee noting Manitoba lowered the drinking age to 18 in 1970 and allowed some liquor advertising in 1967, said the Public is More accept ing of alcohol consumption now than when the Bracken report established the basis of current liquor Laws. But the report said Manitoban have been Well served by the Macc and have voiced majority support for a continuation of most aspects of the Basic system As it now the committee rejected pleas for private Beer sales by supermarkets convenience stores and Independent Israel says terms violated by Syria continued from Page 1 toward Southern Lebanon that syrian aircraft would not be used in Leba non and that anti aircraft missiles would not be deployed there. Israel has Long depended upon free Dom of movement in lebanese airspace in order to conduct strikes against palestinian guerrilla positions. Knesset committee members from both the opposition labor party and begin s liked coalition emphasized the crisis has become increasingly Seri Ous and that Israel must insist upon the removal of the missiles. Committee chairman Moshe Arens of the liked said that Syria has been playing games by stringing along the diplomatic contacts while the mis Siles remain in place. Yosi saris of the labor party complained that the begin government had not handled the crisis competently from the Start. Both begin and Lewis yesterday re fused to disclose Reagan s message although begin said it contained Many expressions of understanding of Israel s groceries saying there was no convincing need. Although proponents argued convenience would be enhanced by Pri vate sales the report says Manitoba s 360 existing Beer outlets Are adequate. The committee conceded that wine unlike Beer is Only available at Macc stores and Rural outlets but argued private Sale could boost total Alco hol consumption in the province. It said several opinion polls have shown a majority of Manitoban Are Well satisfied with the current system of distribution for wine. However the committee agreed the the liquor commission cannot satisfy a limited specialized demand for a wide variety of wines by connoisseurs because of its bulk purchases. It favored one or two specially wine stores in Winnipeg and one in Brandon with the possibility of two More in the future after a government study of their economic viability. The commissioners said the stores should be privately run because of the specialized nature of the store and the kind of management the committee s major recommendation on the liquor commission itself would strip the Macc of its Power to regulate licensed premises on decor seating space requirements health standards and fire provisions. It said enforcement of fire health and building codes should be handled by provincial and municipal Agen cies leaving the Macc to control Only the Sale and consumption of liquor. The change would allow licensees to design establishments according to existing codes the report said adding that Competition would ensure High standards. On the drinking age the report said there is serious concern among Many sectors of the Public that it should be raised. Briefs from school officials had urged an increase to ease the problem of drinking students. The committee urged elimination of the ban on Beer and wine advertising because Manitoban Are already exposed to it on . Cable television channels and in National magazines. Current provincial Law simply discriminates against local broadcasters and publications it said. Report does not say How the wine stores should be operated or How the owners should be chosen. The report is also fuzzy on Why they should be private rather than government run. If there Are going to be a limited number of specially wine stores the profits should be retained by the prov he said. We Don t understand the logic of making them private except As a sop to the private doer also noted a special wine store operated by Macc in West Winnipeg failed in 1974 and was closed. Although the report recommended an end to the one Man stores because of Cost doer said the committee failed to compare the expense of commissions which will have to be paid to the private vendors who would replace them. He said the Macc stores offer a much greater variety of products than vendors adding the 12 affected communities should have input into any decision on the Mega president also opposed a Complete Transfer of health fire and building code enforcement in licensed premises from the liquor commission to provincial and municipal agencies. Certainly the Macc s primary Rote should be control of liquor sales but i think they should retain some say on physical he said. Not surprised David Cruikshank executive director of the alcoholism foundation of Mani Toba was relieved but not Overly sur prised the report did not recommend any great liberalization of the pro Vince s liquor Laws. We knew the committee was not out to prove anything and was researching it very carefully because they were coming to the foundation for sources of he said. I m not really surprised that it has produced a moderate set of recommend Cruikshank welcomed the commit tee s support for a greatly expanded Effort to educate the Public on alcohol abuse and said the proposal for an annual Index of the Cost of alcohol abuse to the province is very import the foundation designs school curriculum packages on alcohol abuse trains teachers and provides information to school divisions at their request Cruikshank said but the problem is we need More while the foundation supports raising the drinking age to 19, its Brief to the review committee last year warned that this is not a Panacea for the problem of Young drinkers. We have to develop very specific programs in the school to encourage the kids to make their own decisions on the responsible use of he said. John Cochrane president of the broadcasters association of Canada welcomed the recommendation to allow Beer and wine advertising but said he was puzzled at the proposed limit of two 30-second commercials each hour. It s certainly an improvement Over what we have now where we re discriminated against in relation to the other he said. I Don t know Why they d want to limit it but if we re allowed two per hour we d be very Lucienne Beaudoin 26, describes fire at her Home that killed her son and three other children. Fire victim As she tried Cookshire que. Up _ a four year old boy one of four children who died in a fire yesterday peeked from under his bed covers and giggled at his aunt As she frantically tried to save him from flames spreading through their Mobile Home. Lucienne Beaudoin 26, bandages co vering Burns to her shoulders and left hand said her Nephew Alain Roy must have have thought i was playing ill never forget that she said. Only his head was visible from under the covers and he was laugh i called to him to come to me to give me his hand but he just kept on laughing. The smoke was choking me and i was burning up from the she said. After they were forced from the House by the heat Beaudoin and her sister Colette Roy were unable to reach the children s window because it was too High. The women flagged Down three men who were driving along a Road near the isolated Mobile Home but their efforts 4, just giggled at aunt to save him three others to save the children were blocked by the smoke and intense heat. The Mobile Home was located on a dirt Road Between the Eastern town ships communities of Eaton and Cook Shire. The latter is about 140 Kilometres East of Montreal. The three other victims were identified As Beaudoin s youngest child Yves 3, Isabelle Breton 20 months and Melanie Breton 12 months the children of a Friend. Beaudoin s two other children Annie 7, and Anthony 5, had left for school an hour before the fire began. Roy moved into the Beaudoin Home when her husband Clermont a lumber Jack left to work in the Woods near Sudbury ont. Beaudoin s husband died three years ago in a logging Accident. The cause of the fire was not immediately known. Cia experiments dehumanizing Ulster violence continued from Page 1 or. William Lambert a Winnipeg psychiatrist said the treatment to which Orlikov was subjected left her with a disability caused by brain these methods were very aggressive somewhat dehumanizing and not particularly said Lambert. He Felt that the whole procedure was experimental All the Way the method was seen later As being similar to psychological methods of the psychiatrist said and the idea behind the Experiment was to Wash the brain clean and break Down the Orlikov s lawyer Phil Cutler said that Cia documents indicate the Agency used the code name Miriam to refer to Orlikov in the brainwashing experiments. The experiments were part of a million mind control program de signed to find ways of breaking Down enemy agents and manipulating behave Down Dawn brings Relief for troops police after riots in Londonderry Belfast masked Belfast youth stands with gasoline bomb in hand continued from Page 1 extant Ulster defence association. The violence simmered Down around Dawn and the protestants were not involved. The police fired six shots Over the Heads of rioters in Londonderry. Fire fighters fought a Blaze in a West Belfast police station set off by youths hurling gasoline bottle bombs. A Bank and a drug store were burned out in other areas of West Belfast and police Dis Persed a gang of 70 youths who set fire to a portable Cabin on the site of the american owned Delorean Auto Plant. British troops said they came under fire from Divis Flats a fortress like Multi Storey apartment development and Ira stronghold with barricaded entrances. Numerous vehicles were seized and converted to Street barricades. From behind them youths hurled fire bombs stones and bottles of acid at Security patrols. Cheering six year Olds watched. Police reported six arrests and one injury a youth shot in the leg by police using plastic bullets. Sands death was announced by the government s Northern Ireland office in a Brief statement saying he took his own life by refusing food and medical intervention for 66 he had been in a coma for two Days and his weight had fallen to less than 80 pounds from 155 pounds. His Mother Rosaleen and sister Marcella Kelly left the Maze in tears accompanied by two priests 53 minutes after he died. British prime minister Margaret Thatcher who had declared her government would not Grant political Sta Tus to convicted criminals. Now or at had no immediate comment on his death. Britain s minister for Northern ire land Humphrey Atkins said in a state ment that he regretted what he called the needless and pointless death. He expressed the profound Hope and prayer that the people of Northern Ireland will recognize the futility of violence and turn their faces away from the prime minister of the Irish re Public Charles Haughey also issued a statement appealing to All sections of the Irish people to remain Calm. He said he deeply regretted a Solu Tion could not have been found through a More flexible approach to the administration of the comment from Sands Brothers in arms came in statements from sinn fein the Legal political front for the Ira guerrillas. It accused Atkins and Haughey of being deceitful and hypo critical and said the world has witnessed at first hand the violence of the Mother of parliaments England on the peaceful protest of a Young imprisoned prison sources said Sands body probably would be moved to his family s Home later today. He asked for the Ira to give him a full military funeral with burial in Belfast s Milltown Ceme Tery beside the Graves of Ira proves killed in action in Northern Ireland. Sands joined the provos at 18 but spent Mast of the next nine years of his life behind bars. He was jailed a few months after he enlisted and sentenced to five years for armed robbery attempted holdups and Possession of arms. Released in april 1975, he was arrested again nine months later after the bombing of a West Belfast warehouse and a shootout with police. In 1977, he was sentenced to 14 years in prison for Possession of arms and it was while serving that sentence that he began his hunger strike March 1. As Media coverage of his fast mushroomed the Ira embarrassed the government by engineering his election april 9 to a vacant seat in the British parliament for a Catholic District of Northern Ireland. When he died the once obscure Pris Oner was the most famous member of the Ira
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