Winnipeg Free Press

Winnipeg Free Press (Newspaper) - June 20, 1981, Winnipeg, Manitoba Winnipeg free press saturday june 3 Appeal court cuts Lump sum payments in Hull divorce Case by Steve Pona Manitoba court of Appeal yesterday shaved plus in monthly maintenance off the divorce Settle ment Bobby Hull must provide to his former wife but maintained an equal division of their commercial assets. In a unanimous judgment the court left Joanne Hull 46, a Lump sum pay ment of As Well As in Legal costs but eliminated her right to exclusive occupancy of their House in Vancouver where she had been living. Mrs. Hull s Money will be secured by a charge against All of Bobby Hull s assets including his interest in the Winnipeg jets hockey club. The judgment written by or. Justice Alfred Moi min also eliminated the pro vision for a month in maintenance payments plus a maintenance award. The previous settlement which provided for a Lump sum payment had been ordered by Manitoba court of Queen s Bench Justice Louis Denise. Judge Monnin noted in his 10-Page judgment the divorce proceedings were unhappy and protracted and the court attempted to bring them to an Early end without further hearing or references with the attendant costs and lawyer Wayne Lalonde who represented Hull at the two Day Appeal hear ing last month had asked the court to reduce mrs. Hull s share of Commer Cial assets but judge Monnin said the equal division cannot be regarded As grossly unfair unconscionable or Ines the right to equal sharing is expressly conferred by the statute and is based on the concept that marriage is an institution of shared responsibilities and obligations Between the parties enjoying equal said judge Monnin. Hull 42, will have to pay his former wife a month for each of their three youngest children aged 11 to 16, until they turn 18. Both he and mrs. Hull had been ordered to contribute to a Trust fund for the children but judge Monnin said that was an inappropriate expression of the parents joint obligation to provide maintenance for he said the obligation can Best be provided by ongoing shared monthly contributions from both in a concurring opinion or. Justice Joseph o Sullivan noted Hull had been blamed for delay and difficulties in the Case but he said he found no grounds for criticism. However much or. Hull May be blamed for his share in the marriage breakdown there is nothing in the material to warrant the suggestion acted on by judge Denise that or. Hull wilfully refused to disclose the state of his financial judge o Sullivan added or. Hull appeared at the trial in his own de Fence. He was subjected to unwarranted personal abuse by counsel for the the judge said he would not have allowed her any Legal costs beyond the Normal fees. Mrs. Hull was represented at the trial by Arthur Rich while Maurice Arpin argued Hull s Appeal. The red River exhibition came to town yesterday and the expressions on the faces of these two girls left no doubt they thought the rides were just let the Good tunes Roll great. Kim Bruyere 14, and Corrine Bruyere 13, were among people who attended the exhibition opening Day. The sex runs until june 27. Professor stresses patients right to know by Joe Rubin doctors sometimes won t Tell patients participating in clinical experiments that the treatment alternative they receive has been selected at ran Dom says a University of Manitoba philosophy professor. The reluctance stems from the ten Dency of patients who find out they Are receiving a randomly picked treatment to drop out of the clinical trial or. Arthur Schafer said yesterday. Speaking at a St. Boniface Hospital conference on the ethics of experimentation on human subjects Schafer said experimental results become progressively weaker As More patients drop out of a clinical prompts physicians to Overlook telling them school costs up enrolment Down 15% Winnipeg school division s Cost per student Rose 120 per cent in six years while enrolment dropped almost 15 per cent. Statistics published in the current Issue of Oier schools the division s periodical publication said the 1980 City orders fire damaged restaurant to close the City s health department has declared a fire damaged restaurant unsanitary and has closed it until it is cleaned up. Mario s italian pizza 841 Ellice ave nue suffered an estimated damage in a june 8 Blaze. A restaurant closure order first under Winnipeg s new restaurant disclosure policy said Mario s is unfit to be occupied because of the. Fire damage. The City policy which came into effect june 4, Calls for disclosure of the names of restaurants which Are closed by the health department or which ignore department sanitation orders. Cost per student was compared with per student in 1974. During the same period division enrolment dropped 14.9 per cent to from Board chairman Mira Spivak said in an interview yesterday spending is expected to be More than a student in 1981. Spending estimates approved in March Call for total spending of million. Spivak also said enrolment has dropped by about 33 per cent since 1970, when the division had about students. She said spending has increased while enrolment has dropped because of inflation and the fact teaching Levels have been maintained. If teachers principals and teachers aides Are included the division s teacher Pupil ratio is about one teacher for every 13 students she said. Trustees took a hard look at spending during the 1978-80 electoral term but costs still Rose 40 per cent during those three years. Spivak said trustees weren t simply out to make cuts but wanted to find out How Money was being spent and become More account Able to taxpayers. Their treatments have been selected at random. Although some doctors will argue it is legitimate to withhold such information the professor said it is unethical not to Tell the patient. Schafer who teaches biomedical ethics at the University of Manitoba medi Cal school said much medical research involves a combination of treatment and research leaving the doctor open to a possible conflict of interest. A physician who is also a researcher is committed to pursuing scientific knowledge while at the same time must be devoted to the Well being of his patients. This puts doctors testing unproven treatments in a difficult situation especially because their patients rely on them for their judgment. Best alternative Schafer said doctors conducting re search must still provide their patients with the Best treatment alternative. Consequently a physician must not allow his patient to participate in a clinical Experiment where the treat ments Are selected at random unless the doctor is indifferent about the merits of the treatment alternatives. A further ethical dilemma May arise in the Middle of an Experiment when preliminary results indicate that a particular treatment is More effective than the others. Is a doctor whose patient is on an other treatment obliged to inform his patient and change his treatment Schafer said there Are no easy an Swers to this question. If one argues that a doctor s commitment is to his patient Many experimental trials May be scrapped in Midstream. On the other hand said Schafer an Experiment s results Are liable to change before its conclusion. With drawing a patient Midway through the trial May be beneficial in the Short term but harmful in the Long run. Results in order to obtain More Grants because Many medical researchers and professional Schafer must rationalize patient welfare with stressed the need for a patient advocate the need to get favourable experimental to protect the patient s rights. Union accepts motor coach plan to clean up Plant All soldering personnel and certain welding personnel at Winnipeg s motor coach industries plants will have to Wear management supplied Respirator face masks according to a company plan to make its operations safer. A press release from provincial labor minister Ken Macmaster says both his department and the Plant Union International association of machinists representatives Are satisfied with the company plan. A labor department Survey in dec Ember february and March of 26 Plant employees working in the Silver solder ing areas found two had Throat cancer and another had cancer of the stomach four had seen doctors for Throat tissue biopsies four had bladder infections and All but one complained of nose and Throat irritation. The department ordered the company to install a new exhaust system in the Silver soldering areas of the com Pany s two plants and to do a detailed engineering study of All potential health hazards associated with their soldering operations. In its new safety program the com Pany also plans to contain All soldering in one area of the Plant and install Ade quate ventilation by aug. 10 and additional ventilation in other areas by mid september. In the meantime the wearing of the masks will be mandatory for the work ers indicated and other workers May get them on request. Hygiene rules including a ban on eating or smoking in soldering areas were posted at the plants last week. Nurse to be hired the company also intends to hire an occupational health nurse to do regular employee checkups and to meet weekly with a backup doctor who will be selected by a safety committee com prised of equal numbers of company and Union personnel. The labor department will Survey As Many former employees As can be located to see if they Are having any health problems resulting from their work at the bus building Plant. Macmaster said the workplace safety and health Branch of his department is now investigating other Manitoba companies where cadmium solder May have been used. Local strike threat looms Bojoh Mcmanus a . Air traffic controllers strike threatened for 7 . Monday would affect most flights out of Winnipeg to the United states. The . Federal aviation administration is preparing a plan to allow 50 per cent of Jet flights within the . To continue in the event of a strike. Travellers booked to the . From Winnipeg face an Uncertain weekend until the strike deadline arrives. Air Canada plans to continue its trans Border flights to 10 . Cities on a modified basis. Up air which flys to los Angeles san Francisco and Honolulu May reroute passengers or Honor tickets on flights after the strike. Frontier airlines spokesman Peter Fox said the airline along with North West and Republic was planning a Normal schedule next week. But if the Faa puts a restriction on Jet flights the . Carriers Here would shut Down Fox said. Airlines with Turboprop aircraft would not be affected by the proposed 50 per cent reduction in Jet traffic As they would Fly under visual flight regu lations at Low altitudes. They Are not dependent on controllers using radar and radio Fox said. But we would All shut Down Here because this Winnipeg is a Jet City for All of air Canada Public relations officer Joyce Krentz said the National airline would have to modify its schedule to the . If restrictions Are imposed. Allocation of flights we understand there would be an allocation of flights but we won t know until there is an actual strike. Our information is that the Faa would Call for airlines to submit a request for permission to Fly for each flight to or from the . 12 hours before departure and the decision would not be announced until four hours before the Krentz said. Air Canada s overseas flights would not be affected As they do not Cross . Airspace. The strike Call follows a meeting thursday at which Faa administrator Lynn Helms vowed not to Budge from a government wage package that Al ready has been rejected by the con trollers Union. He said he could Only assume there will be some kind of strike action by the controllers monday. The two sides broke off informal talks earlier in the week and have made Clear they have come no closer together despite the efforts of a Federal mediator. The dispute centres on wages and Little Progress has been made in resolving the differences despite almost three dozen informal bargaining sessions since february. The Union has demanded a minimum wage increase of a year that would allow some of the most senior controllers to earn a reduction in the work week to 32 hours from 40 hours and increased pen Sion benefits. Winnipeg Indian family suing Ottawa for million by Pamela Fayerman a Winnipeg Indian family has launched Legal action against the fed eral government to recover nearly million it alleges is owed to them As a result of broken agreements and bureaucratic bungling. In a statement of claim filed in the Federal court eight members of the Mentuck family Are seeking to compensate for an alleged breach of settlement involving farm land on the Valley River Reserve 250 Miles West of Dauphin. John Munro minister of Indian affairs was unavailable for comment yesterday and Justice department officials do not expect to review the Case until next week. The statement filed on behalf of the family by lawyer Morris Kaufman says members of the Mentuck family have lost their Home and traditional Way of life and have been forced to wander through Saskatchewan and Manitoba while awaiting the monies promised by the Federal government to re establish themselves. Their Chil Dren have missed years of school and the plaintiffs have suffered extreme anxiety uncertainty and Humilia face eviction As Well they Are now in a situation where they face eviction from their Homes in Winnipeg because the gov eminent has Cut off the financial Assis Tance they were receiving until Jan uary 31, 1981. The Mentuck s problems Date Back to 1968 when the department of Indian affairs approached them with an offer to farm More land on the Reserve. In an interview a spokesman with the Indian affairs department in Winnipeg said the offer made sense from an economical Point of View. The statement says the offer was made to encourage them to expand ther farm operation so they would be an exam ple of self sufficiency to the rest of the band and for their own Bene the statement says the me tucks were reluctant to accept the offer be cause of the difficulties anticipated relating to other band members jealousies and resentments. But it says they received assurances from the government that Protection would be Given should their fears justify themselves. The land Deal went ahead but in 1972, the Valley River band moved to rescind the lease agreement Between the me tucks and the Federal govern ment. In 1979, the me tucks were so frustrated that they agreed with a Federal plan to move off the Reserve. The statement says a settlement Fig ure of million was arrived at which would put them in the same position off the Reserve that they were on the Reserve and would place them in the position where they had land equivalent to the land they were farm ing on the payments stopped support payments were Given to the me tucks who moved to Winnipeg via Saskatchewan but were stopped be cause according to an Indian affairs spokesman the government does t look after indians off the me tucks have been successful in a previous court action. In 1976, a suit against the Valley River band was initiated by Joseph Mentuck when he and his family were repeatedly harassed and intimidated by band members. Or. Justice John Solomon of Mani Toba court of Queen s Bench ordered the band to pay the me tucks in damages. Reports of the Case in Legal journals indicate that judge so Lomon praised Mentuck for being an excellent Farmer and a Good manager. Judge Solomon said that to com mute to the additional 160 acres of land Mentuck leased from the govern ment he had to travel through the Reserve. Many times he found Road blocks set up. On other occasions stray cattle roamed freely on his crops damaging them. The judge said Mentuck and Mem Bers of his family were even intimidated by firearms. It was obvious eventually that All this interference with farming operations and harassment of the plaintiff and his family was aimed at getting him to abandon his fights to the judge Solomon said. Coincidentally at the time judge Solomon made the award he pointed out that the Federal government was not a party to the action and this suit should not be construed As a bar to any action the plaintiff might have against the Federal ;