Winnipeg Free Press

Winnipeg Free Press (Newspaper) - June 23, 1981, Winnipeg, Manitoba Kiss Case was profound human Crown must prove smuggling charge re Brinn by Brian Cole a Winnipeg Man was acquitted yesterday by the supreme court of Canada on a charge of illegally importing goods in a precedent setting ruling which re verses the Burden of proof in such cases. Gene Shelley was charged with Ille Gally importing Worth of jewel by in 1978 after he was unable to prove the items were either purchased in Canada or legally imported. In a 4-3 decision the supreme court threw out the charge saying the Crown was obliged to prove unlawful importation beyond a reasonable citing Section 2 of the Canadian Bill of rights the court ruled that no Law shall be applied to deprive a person charged with a criminal offence of the right to be presumed innocent until proven guilty. Prior to the decision a person charged with illegally importing goods was obliged to prove the items in question were either purchased in can Ada or were legally imported into the country. Chief Justice Bora Laskin who wrote the majority decision stated that such a requirement would leave the accused with an impossible Burden of proof that would amount to an i rebuttable presumption of guilt against he was supported by justices Brian Dickson Willard Estey and William Mcintyre. The dissenting judgment written by or. Justice Ronald Ritchie and sup ported by justices Ronald Mariland and Julien Chouinard stated the onus was on Shelley to prove he had not unlawfully imported the gems. I m very pleased and elated to see that the social system is Shelley who operates Casino services said in an interview yesterday. Federal Justice spokesman Keith Ward said the decision would affect some criminal matters but would not have much of an Impact on the Way Cloudy tonight 9 showers tomorrow 19 tuesday june free Sun rises . Sets . Moon rises . Sets . Canada customs operates its Border stations. Ward said under current legislation customs officials can prosecute a per son for illegally importing goods under criminal or civil procedures. Under the civil procedure his goods May be seized and he could be forced to pay duty and other costs unless he can prove the goods were purchased in Canada or legally imported into the country. As Well the person could be charged with being in Possession of illegally imported goods a criminal charge which carries a Fine and possible jail sentence. Final Home delivery 957-0550 classified 956-2330 second cuss mail number 0266 fails lifted two Metis face charge by Cecil Rosner Winnipeg free press Dauphin ramp arrested two Metis protesters and charged them with illegally dismantling rail tracks during a demonstration against Cana Dian National railways yesterday. About 35 Indian and Metis blocked the track at car s Dauphin station for three hours yesterday. They were pro testing what they called discriminatory actions of management and poor work ing conditions on a car work gang which came through Manitoba in May. As the three hour protest was ending two people began lifting out spikes and loosening the bolts from a 9-metre piece of track. Within minutes two ramp officers arrested two men. Ferdinand Gui Boche the mayor of Camperville and Sam Spence of Crane River were charged with violating the Federal railway act. Gui Boche and Spence were released on their own recognizance shortly afterwards and were ordered to keep off car property until their court appear Ance july 14. The Metis and Indian protesters say they will repeat their demonstration today and select two More people to dismantle More track. They say they will persist in their actions until car meets a list of de mands related to native employment on the railways. On june 12, 25 Indian and Metis workers walked off the Job on an ochre River extra they said the Foreman was harassing and hurling racist insults at them and they also complained about working conditions which provided just one washroom and four showers for 70 men. In conducted an internal investigation into the matter and although they did t interview any of the complain ants concluded there was no discrimination. The 25 workers were replaced and the extra gang moved on to Saskatchewan without finishing the ochre River work. Gui Boche said the protests will continue until the Foreman of the extra gang is removed the workers Are All reinstated with retroactive pay and car agrees to a human rights com Mission tribunal to investigate the Inci Dent. The protesters also want an office set up in Winnipeg to assist in placing Indian and Metis in various car jobs. Dauphin new Democrat my Laverne Lewycky raised the matter in the House of commons yesterday. Labor minister Gerald Regan said he did not know anything about the incident but added that the indians should have remedies under their collective agreement As Well As under human rights legislation. What i would undertake is to immediately make inquiries into the Situa Tion and based upon the facts As they Are ascertained take whatever action is Regan said. A 90-car freight train was held up for four hours because of yesterday s pro test. Car spokesman Leo Quigley said yesterday the railway is prepared to look into the Metis demands but first wants a written list of All the Metis complaints. He said the first car investigation was very preliminary and added that car might agree to an impartial inquiry. Quigley said car has not yet decided what it will do about the planned future blocking of its track. The demonstrators who were made up of Crane River area workers their see 2 Metis Page 4 two persons begin taking out Section of track during protest against car by indians and Metis at Dauphin yes Tenfa House must wait escalating mortgage interest rates Force Tough decisions by Ine ebors ovens _ Hua s resignation signals end of Era by Michael Parks the los Angeles times peking communist party chair Man Hua Guofeng has resigned admit Ting serious errors of leadership at the Start of a meeting of the party s policy making Central committee chinese sources said yesterday. Hua who had fought for a time to retain the Post is expected to be succeeded by he Yanbang the party Gen eral Secretary and the chief lieutenant of Deng Xiaoping the powerful party vice chairman. The 215-member Central committee is also discussing a controversial and Long delayed assessment of the late chairman Mao tse Tung in an attempt to balance his achievements and mis takes generating him As a great revolutionary but abrogating most of his policies. Taken together Hua s replacement a Long expected but still difficult move and the formal Mao reassessment will Mark the end of the maoist Era in China. Serious differences on both questions delayed the meeting for More than nine months. Also on the Central committee s Agenda the sources said Are a reaffirmation of the policy followed for the past 2 1-2 years under Deng s Leader ship particularly the restructuring of the country s Economy and his propos als for reorganizing the party. A full review of chinese foreign policy especially the emerging Alliance with the United states Japan and Western Europe has also been drafted for the Central committee s consideration the sources said and will probably be issued in july. The meeting began last week with a preliminary discussion of All the issues and went into formal session Over the weekend according to informed Chi Nese sources. The session is expected to conclude later this week with the Mao assessment to be issued on the party s 60th anniversary Celebration july 1. See Hua Page 4 by Ingeborg Boyens Paul and his Fiancee found their dream House in february. But when they signed the final papers three weeks ago they discovered Esca lating interest rates had forced their monthly payments on the Mort Gage up by to it s meant their dream House will have to remain just a dream. Even with the Benefit of two in comes the Winnipeg couple say they can t afford to keep the Home. On top of the mortgage taxes would add a year maintenance and service Bills still More. I d be worrying about whether i could afford a pair of sneakers or a hair said Paul. The couple s Only recourse is to sell after they take Possession on july 1. It s disappointing to lose he said. Jato living with the Ney interest rates Are record High with no Relief in sight. Reporter Ingeborg Boyens talked to the victims of High interest As Well As those learning to Cope with it. First in a series. Mortgage rates that Rose from 14% per cent in february to 17% per cent in May Are to blame for the disappointment the couple shares with hundreds of would be homeowners in Manitoba. Last thursday the Bank of Canada announced its Bank rate would remain at the near record level of 19.07 per cent. Mortgage rates offered this week by Banks Trust companies and credit unions stand at an 18% per cent for a one year term. Realtors and lenders say these rates Are making it difficult for Many first time Home buyers to get financing. Bruce Maybank general manager of flair Homes said couples earning less than a year Are gently but quickly discouraged As soon As they walk into a show Home. If you have Only we say you Don t have enough he said. We Don t want to entice someone into having a family wanting to buy a Home with to put Down faces monthly interest and principle pay ments of at 18y2 per cent. Taxes would raise that Bill to about a couple hoping to hang on to the House should earn at least a year according to guidelines prepared by the mortgage loan association. Those who already own Homes face staggering increases of 65 per cent and More on monthly payments when they renew mortgages. A mortgage at per cent would Cost a Homeowner a month for interest and principle. Today at 18% per cent the same monthly mortgage Bill is some homeowners unable to meet rising mortgage rates Are being forced to sell their Homes. One example is a Waverley Heights family now consider ing moving Down. The family has been eyeing smaller and cheaper houses than the three bed see lifestyles Page 4 rail relocation debate rekindled the City of Winnipeg is expected to renew its efforts to have the downtown up rail marshalling Yards moved Fol lowing a Tri level agreement yesterday for a similar project in Regina. Federal transport minister Jean Luc Pepin announced yesterday that Ottawa would contribute million to Ward relocating Regina s Core area Canadian National railway Yards and lines. Regina and the Saskatchewan government Are each to contribute million of the project s Cost with the balance com ing from the Federal government s Urban transportation assistance pro Gram. It certainly belies the minister s comments that there were no funds Over and above Winnipeg mayor Bill Norrie said yesterday. He said the City would examine the details of the Regina agreement. If he Pepin has had a change of heart we will be talking to him Norrie said. Winnipeg s plans to relocate inner City up rail lines were scuttled More than a year ago when Pepin told civic and provincial officials that the Federal government had no Money for the project other than million in Utah funds allocated . The City s share of the Utah funds once earmarked for the construction of the proposed Sher Brook Mcgregor overpass which coun cil scrapped in february is being used for various projects including the Purchase of new buses and a two Way communication system for the Winni Peg transit system. A federally commissioned study completed at the end of 1979, estimated the Cost of relocating the up Yards in Winnipeg at million. Pepin said yesterday that 13 other cities had applied for funds under the 1974 railway relocation and crossing act but the Federal government is Only committing funds to Regina. He said the pity was the first to apply for Aid. He described the Tri level agree ment As a demonstration there is a growing demand for this sort of thing in Pepin said. The Regina project is expected to take seven years to Complete. Coun. Bill Neville a relocation sup Porter said the Canadian transportation commission s terse refusal to con duct a general inquiry into the safety of the up rail Yards alone would have rekindled the relocation debate. A copy of the refusal which said the Etc had no authority to conduct such an inquiry was received by the mayor s office wednesday. Norrie following a request yesterday by civic works and operations commit tee said he would ask the Etc if there was any legislation which would allow it to conduct such an inquiry. Neville said Council had hoped the proposed general inquiry would have determined the Cost of relocation As Well As the safety of the marshalling Yards. New controls senator Maurice Lamontagne of the Canadian Institute for economic development says Ottawa might have to reinstate wage and Price controls on a Long term bad manners after smashing his Racquet and calling the ref an imbecile even super brat John Mcenroe was his bad manners at Wimbledon anti Catholic evangelical Christian Book stores Here say they la Stop Selling a series of comic books with extreme anti Catholic Aid doubled Canadian foreign Aid officials have pledged that Canada will double its Money for some Caribbean countries to a total of million this Index Ann Landers. 19 answers. 33 Billinkoff. 7 Bridge. 19 business.53 classified.36 comics. 28 crossword. 18 deaths.2, 36 editorials. 6 entertainment.22 horoscope.20 Jumble puzzle.40 klady.24 letters.6 movies.24 people.33 relax.33 sports. 49 sports record.52 stocks.54 sullivan.33 tempo.17 to listings.33 ;