Winnipeg Free Press

Winnipeg Free Press (Newspaper) - December 2, 1981, Winnipeg, Manitoba Tpfltpyy1pyi t i by Andy Bricq a 35year Veteran of the Winnipeg police department is going to court in an Effort to keep his Stanley Miner was forced to retire three Days after turning in a notice of motion filed yester Miner asked court of Queens Bench to invalidate a Section of a City bylaw covering he Winnipeg police pension plan and o he reinstated in his the bylaw Section requires police officers to re tire at age a firs class Constable a week claims forced retirement at age 60 is unreasonable and he says his doctor has declared him to be in excellent physical and mental health and Able to perform his Roie As a Law enforcement As he says the forced retire ment is costing him his right to work in the profession of his 41 per cent of his income and a directorship in the Winnipeg police defendants in the suit Are the City of police chief Ken Johnston and the police a hearing is set for nest wednes Abe chairman of the civic finance committee which oversees the police said the court Chal Lenge could have serious ram Ifica he also said he was unsure of the implications for the police pension Hind should Miner be Yanofsky said the City spent millions of dollars ensuring pension Money would be available to retiring officers after an arbitration ruling Lowe Reci the police retirement age from fi5 to it will be interesting to see what Yanofsky although miners Case would not Block the advancement of other offi the ruling would allow officers of All ranks to stay in their jobs after turning Cal president of the Winnipeg police said the association is taking a Neutral position on miners court Varey said Miner is a unique individual and is in excellent physical Condi Tion for his see Constable Page 4 creative Community Cloudy tonight 8 Cloudy tomorrow 4 2 Winnipeg free press december 1981 vol no no Sun i err in m v final 250 Home delivery 9570550 classified 9562330 second class mail registration number 0286 Sun rises sets Moon rises sets Foft per passengers aboard this City bus were taken to the cleaners yesterday when it crashed into a laundromat on Salter Street at Selkirk police said the bus Driver swerved to avoid another the Accident Vas one of in the City Day two of Canadas Safe driving 111 total doubles in a by Pamela Fayerman the Manitoba court of Appeal yesterday criticized a lower court judges insistence on getting sentencing advice from Crown ruling that judges alone must Bear the responsibility for handing out the judgment delivered by jus Tice Alfred Monnin effectively sets rules for the conduct of judges and Crown prosecutors during it says judges cannot require the Crown to state its opinion on the proper penalty for an the Crown is not bound to indicate the sentence which it feels a Propri the judgment it is the judges function to impose sentence and no one Crown counsel will resist any attempt to Box them into a the Appeal courts comments were directed at county court judge Lockwood method of sentencing a Man convicted Jet july of enter and and setting fire to judge Lockwood imposed a term of probation with several but the Appeal court quashed it yesterday and substituted a oneyear jail during the july Crown counsel Don Melnyk asked judge Lockwood to sentence the accused to a substantial period of incarceration for the three of the judge then attempted to determine How Long a jail term the Crown see judge Page 4 Ottawa up Joe a 47yearold roman was told yesterday by the supreme court of Canada that he May Challenge the Validity of the 1989 therapeutic Abor Tion Morris Shumyacher of Borowskiy predicted the Case could be argued As Early As next Borowski wants the Law declared invalid on grounds the Canadian Bill of rights protects human Borowski said yesterday he was delighted with the he said a second supreme court decision expected by the end of the year will Tell him if he can Start the Case in a Regina provincial court or must go the Federal court in he said he prefers Regina because Shumyacher lives there and the costs would be Shumyacher agreed with chief jus Tice Bora Gaskins warning that the court which hears Borowskiy Case will become a Battlefield for both sides of the emotional abortion judge supported by jus Tice Antonio argued that Borowski should not be Given standing to bring the Case to court because hospitals and husbands opposing a abortion have a More direct interest in the emotional interest saying Borowskiy interest in the Law is an emotional judge Laskin added that it int Concrete enough to allow the courts to do Justice to he said pro abortionists with the same obsessiveness on the opposite Side of the Issue will Likely setting up a Battle Between two parties who do not have a direct inter est in the but Justice Ronald in the majority said doctors and hospitals Are unlikely to Challenge a criminal code provision that exempts them from criminal liability in per forming therapeutic and a husbands ability to Challenge the Law was because an abortion or a birth would take place Long before a trial of the Issue the abortion legislation has a direct Impact upon the unborn human fetuses whose existence May be terminated by legalized judge Martland they obviously cannot be parties to proceedings in court and yet the Issue As to the scope of the Canadian Bill of rights in the Protection of the human right to life is a matter of considerable there is no reasonable Way in which the Issue can be brought to court unless proceedings Are launched by some interested Mainland majority judgment was supported justices Roland Brian Willard William Jean Beetz and Julian Shumyacher predicted that the Mart land ruling will pave the Way for More challenges to legislation once the Char by Joltn Maclean special to the free press Ottawa the supreme court of Canada decided yesterday that two Vancouver prostitutes were not guilty of As police had charged and refused to define what the word in the criminal code Means in the ruling disappoints Canadian police who have been Hamstrung in their efforts to fight prostitution since a top court decision five years ago that prostitutes have to be pressing and Persis tent in their and since a lower court refusal in recent weeks to approve a Calgary City bylaw against women loitering on City the two women in their mid20s were charged after police saw them each approach seven men and then an undercover police the police Hope was that eight approaches would constitute the unanimous judgment was writ ten by Justice William Mclntyre from British to Mclntyre the Crown had to in addition to the offer of her services As a an element of persistence or pressing con duct in the presentation of that the police gave evidence of what was said to the police but the Testi Mony showed that the women Only responded to the police officers questions about what kind of sex was being offered and How much it one would be naive to think that they were asking for a or discussing politics or other matters of general social concern on these Occa Mclntyre but would not be proper to draw an infer ence against the throwing the problem Back to Par Mclntyre wrote if change in the Law is desirable it is my View that legislative action would be Manitoba trial lawyers association president Greg Brodsky described the debate Over soliciting As idiotic be cause prostitution is not in an interview last he said parliament should decide whether prostitution is Brodsky said it is illegal to live off the avails of which is not what were saying now is its of to be a prostitute if youre Ter of rights becomes part of the con the decision opened a Gate in the Wall of standing that until the mid 1970s blocked court action by anyone who did not have a vested interest in a the Courtin 1975 allowed Thorson to Challenge the constitutional Validity of the official languages act although he want affected by it More than anyone there was no other reasonable Way to test the in a 1976 the court allowed Gerard Mcneil to Challenge film censorship in Nova Scotia on grounds that while theatre operators and film distributors obviously were affected by so was the concerned citizen in both the Thorson and Mcneil the Challenge to the legislation in question was founded upon their alleged constitutional judge Martland in the present the Challenge is based upon the opera Tion of the Canadian Bill of it is difficult to find any class of person directly affected or exception ally prejudiced by it who would have cause to attack the Mart land concluding that a concerned citizen and taxpayer like Borowski should thus be allowed to Challenge the judge Laskin Mere distaste has never been a ground upon which to seek the Assis Tance of a judge Laskin the prevailing policy on standing is that a challenger must show some special interest in the operation of the legislation that is beyond the general interest that is common to All members of the relevant this is especially True of the Crimi Nal for no matter How passionately a person May believe that it is wrong for compulsory breathalyzer tests or wrong to make Mere possess Ion of marijuana an offence against the criminal the courts Are not open to such a not himself or herself charged or even threatened with a to seek a declaration against the enforcement of such criminal Ottawa up angry opposition maps yesterday called for a new Federal budget and the resignation of finance minister Allan citing dire indicators to Back their predictions of doom and the caucus debate was spurred by reports this week confirming the worst fears of Many economists the continuing Burden of High interest rates has sent the Economy into its biggest swoon in 30 Bouey defends Bank while opinion is divided Over whether recovery can be expected next there Are indications the bad news has just some predict november unemployment figures to be released Friday could equal or break the record of per cent set in Trade figures to be re leased tomorrow Are expected to show that badly needed exports Are continuing to drop As High interest rates outside Canada weaken worse one Money trader said yesterday the Bank rate declining for three months and which signals the direction of other interest rates could Start moving up the trader said Bank of Canada interference in the markets is prevent ing rates from but Bank of Canada governor Gerald Bouey told the Montreal chamber of Commerce yesterday High interest rates Are Essary to fight but i can assure you that if inflation is allowed to Rise to about 15 or 20 per things will get much worse than see opposition Page 4 Ottawa up the commons wrapped up the historic constitutional debate yesterday amid continuing signs of resistance in the sen ate and the British opposition heats 51 in very new Democrat constitutional spokesman Jim Fulton said late last night As the bitter 14month parliamentary Marathon finally ground to a some canadians think we have frittered away important time and frankly i agree with maps from All three Federal parties were prepared to vote today against the worked out 5 by prime minister Trudeau and All prov inces except but the overwhelming majority of liberals and new democrats have said they will Back the Resolution and All indications were that most progressive conservatives will join the government had hoped to have the new Constitution on its Way to Britain by the but the Senate threw a Monkey wrench into those plans by deciding late last night to impose no time limit on its to begin Tomor see constitutional Page 4 riot police storm a firemen Academy in Warsaw today to end an eight Darold Satin by 320 Manitoba Hydro chairman Kris Kristjanson refuses to resign his Post even though the new nip Premier has suggested that he do Winnipeg May try a new concept called the heritage games before the 1990 Commonwealth near Winnipeg Dieter Brock led a near sweep for the West on the Canadian football leagues offensive Allstar a mex Ann 31 45 31 52 63 28 52 6 8 31 Jumble 38 37 4 69 sports to ;