Winnipeg Free Press

Winnipeg Free Press (Newspaper) - April 13, 1984, Winnipeg, Manitoba To a Winnipeg free april 1984 3 could mean business owners say by Cecil Rosner i Large scale expropriations in the North Portage area could strike a crushing blow to a Host of businesses and an inquiry was told i cant afford to Start All Over again for the third said Bill gain re co owner of the Happy Penny restaurant at 417 Portage Gavrelis said he was forced to move to his current location 17 months ago after being expropriated from a building on Carlton Street North of por i after putting More bizarre shooting incident a Csc technician shot in Tine Arm by police wednesday night Wais unaware officers had surrounded his fort Garry House and had narrowly a missed him with two previous i a Provin Cial court judge was told judge Arnold Conner said he could not dispute the crowns assertion that the shooting incident involving Felix Allen Klimchuk was truly adding he thought it strange someone would not hear two guns tots fired at Klimchuk is charged with possess ing a weapon dangerous to the Public peace and pointing a he was released on own recognizance of on the condition he not possess any firearms or consume Alco he was remanded far plea to next i the court was told the accused had been drinking by himself in his Windermere Avenue Home and became frightened when someone shone their car headlights into his living he went outside armed with a Pellet gun to police received a Cah that an armed Man had been seen in the accused when police arrived and didst see a gunman they the two officers knocked on the door of the unlit House and Klimchuk came out carrying a Rifle and pointed it at one of the Crown attorney John Edens aids when Klimchuk refused to comply with their order to drop the weapon and continued to Point the two constables fired their defence counsel Manly Israel said his client did not see the the officers missed and Klimchuk ran Back into the a third Constable saw the accused Point his Rifle at the Side door where the other two officers were stationed and he fired through a window and wounded the accused in the the Man went to the front door for help and was Israel i former president of Grain firm Dies Charles former president of Mccabe die yesterday at the health sciences he was Well known in the Grain Indus was a past chairman of the Winni Peg Grain Exchange and served on the boards of the Winnipeg Winnipeg football club and the United he was past president of the Canad an club of Winnipeg and of Glendale country Ait the time of his death he was chairman of the investment of tree jewish foundation of i Worth of renovations into his restau he is faced with another expropriation to make Way for the North of Portage in in big financial problems right now i dont want to risk my life for the third he told lawyer Robb who was appointed to hold hearings into the expropriations and write a report within 30 Mel a senior partner with the pm architectural said the three Levels of government had decided on a massive Bulldozer approach to the problem of North a More sensitive approach would include a careful assessment of each building in the area to determine which could be saved and he Michener said his firm occupies space in the building at 290 Vaughan which he said was structurally sound and he said his company would suffer considerably if the build ing were he said the North of Portage task Force should have conducted a Survey to determine what existing buildings and businesses were in the area and what the people working there want he said they largely ignored these concerns and proceeded to As semble land for their predetermined Michener said he is not optimistic anything will come out of the since All three of government already have approved the redevelop ment Jack manager of the Toronto Dominion Bank Branch at Portage and Kennedy said it would make no sense to demolish such an example of outstanding the Bank has been on the site since and the current building was built in its an outstanding a building that would be a credit to any City in the downtown or any other part of the he sine said the building was Toronto dominions second largest Branch in its Manitoba Northwestern Ontario re and one of the busiest branches in the instead of demolishing he suggested government allow it to re main and serve As a catalyst for fur ther redevelopment in the the hearing also heard that 12 organizations would be left with no place if the building at 293 Kennedy Street is torn Ted spokesman for the inter National order of Odd said his organization has been on the downtown site since 1909 the roof arid its related organizations would have difficulty relocating if the expropriation goes one building which will not be expropriated in the North of Portage area is the Gordon but a spokes Man for the hotel said the expropriation plans Call for the elimination of 24 parking leaving 19 spots for the hotels 40 a City zoning bylaw requires at least one parking spot for every room in that the hearing was exclusion of press overturned by judge restrictions placed on what can be reported in hearing taking the oath Herb Stephens expression Marks the solemnity of the occasion As he is sworn in As Winnipeg chief of police his wife Faye looks on during the by Murray Mcneill a judge ruled yesterday the news Media can attend a juvenile court hearing into the recent slaying of prominent Winnipeg Ger Desmond but placed restrictions on what can be Justice James Wilson of Manitoba court of Queens Bench said the Only information which can be reported is the fact a hearing was what the accused is charged and the out come of the any information pertaining to the evidence in the Case or the identity of the youth cannot be judge Wilson made the ruling at the conclusion of a hearing into an application by the free press to quash a juvenile court judges decision wednes Day to exclude one of its reporters from the juvenile court the hearing had been called to de Termine whether the 18yearold who was 17 at the time of the alleged should be transferred to adult court to stand trial on charges of first degree murder and judge Swail agreed with the youths lawyer that allowing the re Porter to attend the hearing could prejudice the youths right to a fair he noted that Transfer hearings often Deal with information which is not admissible at including hear say in making a decision to exclude the press and the i have done so on the basis i see there May be or will be serious prejudice to the Young judge Swail the free press appealed his ruling on the ground that Freedom of the press is a right guaranteed in the Canadian charter of and that the judges exclusion order amounted to a denial of that during yesterdays Appeal the newspapers Knox cited a March 1983 Ontario court of Appeal ruling that the Section of the juvenile delinquents act which re quires that juvenile trials be held in camera contravenes the Charters guarantee of Freedom of be opinion and including Freedom of the press and other Media of defence counsel Greg Brodsky argued that the Ontario a peal court said Only that the acts absolute ban on open trials was juvenile court judges still have the right to exclude the including the when special Circum stances warrant Brodsky judge Wilson said he agreed with the Ontario Appeal court that an absolute ban goes too juveniles also Are entitled to receive a fair he if the news Media were to report some of the information that is discussed at the Transfer hearing it might Well be that it would be a disservice to All con he therefore ruled that while the Media can attend the Transfer they still will be subject to the report ing restrictions outlined in the juvenile delinquents including a ban on the reporting of evidence and the Iden Tity of the during yesterdays hearing Brodsky also berated the free press for wait ing until the Transfer hearing began wednesday before raising the judge Wilson ordered that the trans Fer hearing should regardless of whether his ruling is appealed to the Manitoba of the juvenile is charged in the death of found 15 with a knife in his Back in his burning Roslyn Road the retired senior partner in the chartered accounting firm of Price waterhouse died from Stab wounds and smoke a police spokesman said shortly after the planning department advice rejected by City the rejecting advice from its own planning has re fused to allow a group Home for former mental patients to open in North Winni in a 22 the cites variance and conditional use committee sided with neighbors who charged yesterday that residents of the Home would pose a Hazard to neighbourhood the sem institutional Home was pro posed for 306308 Machray neighbors said the location is Between a High school and an elementary school and directly across the Street from a Nursery school for children aged two to the schools must be maintained As a Safe Haven for our Resi dents said in a petition to the Corr it adding they feared violent Inci dents could occur if the Home was allowed to the House was to provide a Home for seven All either former psychiatric patients or elderly and infirm people requiring the committee was told that while some of the residents could be former inmates of the Home would not accept those released from penal institutions after committing Robert a District planner for the said in a report the proposed number of residents would be consistent with the which contains single family Homes and some Nicol said the closest similar facility was nearly a Kilometre Bob Douglas one of the two councillors who supported the group Home said in an interview some of the opponents were just absolutely paranoid i think its partly because they dont have experience with Douglas said while residents cited fear of violent violence was probably less Likely in a supervised setting than if former mental patients were released directly into the Community without Douglas said such Homes Are badly needed to free Hospital Beds for acute patients i guess what bothered me is that everyone admitted they needed but not on their you cant take that i guess i feel if they sem institutional Homes Are right you have to spread them around i think we have just got to face up to this plans for portable tenure draw fire trustees feel proposed legislation detrimental to education system by Doug Speirs the nip governments plans to implement legislation allowing teachers to carry seniority Between school Divi Sions has been condemned by trustees and were extremely Linda Vic president of the Mani Toba association of school said the Only ones who wanted this were the we feel its detrimental to the Edu cation its not Good for the i cant see any educational Benefit in this for 1 cant even see How it will help we As individual school boards will no longer Nave the right to evaluate a teacher Tio is new to our division if they already have 10 months experience in another the legislation in question will make the time a teacher works in an old division count As time in a new one in provides portable ten the schools act was amended last year to give teachers tenure the right to arbitration if fired after 10 months instead of 20 the amendment giving teachers with at least one school years experience instant tenure which teachers Call due process when they change divisions was not George president of the Manitoba association of school us said yesterday granting teachers portable tenure denies school boards a probationary period to Evalu ate new the problem is in any selection process you should have a Chance to see what a person can Buchholz it Means if we make mistakes in the employer May end up retaining somebody they our plan is to ask the minister Maureen Hemphill not to proclaim we Are asking for a meeting with the and we have called an emergency meeting for next Mclntosh said portable tenure is dangerous because teachers who have performed Well in one especially in Rural May prove unsuitable in other As Buchholz and Mclntosh Lam Hemphill for the saying the minister ignored the objections of trustees and that says to me the minister is obviously very keen on pleasing the Mclntosh we intend to make our position known and continue making our position we will not be quiet on this Hemphill and spokesmen for the Manitoba teachers society could not be reached for comment education spokesman Wayne Boyce said yesterday Legisla Tion allowing teachers to Transfer work time Between jobs was not proclaimed last year because Hemphill wanted to allow education groups a Chance to voice she Hemphill has met with them All and they have had an at their to express their con Boyce adding the Legisla Tion will come into effect during the current Price of of Sale Beer rising by six per cent on monday the Price of of Sale Beer in Mani Toba goes up six per cent on Mon the general manager of the liquor control commission said the approved wednes Day by the Public utilities was necessary to compensate the provinces brewing and hotel Indus try for higher production and operating William Emerson said the increases mean d Carling okeefe and Lavatts six packs will increase 20 cents to retail the same Molson package will increase 25 cents to cd carvings and Lavatts 12packs will Rise 45 cents to Molson will Rise 45 cents to d carvings 18packs will increase 60 cents to Mol sons in creases 65 cents to d carvings and Lavatts 24packs will increase 90 cents to Mol sons will increase 90 cents to d a carvings six pack of Twilight will increase 20 cents to and the 12bottle package will increase 45 cents to the Price increases include the refundable Deposit of 10 cents a As Mol sons six packs in cans will increase 30 cents to and Lavatts six packs in cans will increase 25 cents to the prices include a Deposit of five cents per Emerson said the increases mean Manitoba Beer prices Are the fifth lowest in Kickback charges thrown out a provincial court judge yesterday threw out 16 charges against a Winni Peg businessman accused of paying kickbacks to a senior provincial government Engineer during a 3y2year period in the provincial court chief judge Harold Gyles quashed the charges against Gilbert Martin Hainan after ruling they didst contain enough information to enable him to prepare a proper Crown attorney William Morton said the Crown now has the option of appealing judge Gyles decision or laying a new set of charges which contain All the information the judge ruled was the Crown claims the kickbacks were paid in Exchange for Hainan and his companies receiving government condition Render hotel tax hearing told by Paul Moloney i the cites tax assessment rate on the hotel fort Garry makes no allowances for the fact the property has become economically obsolete due to its Loca Tion and physical a tax Appeal Board heard hotel lawyer Charles Chappell said the Structure was built in 1911 near the Canadian National railways station to serve train now a euchre diced but the last time City assessors considered this Factor was in i to rings situations Chappell this is not a Superior the action is not at the in station and the fort Garry the action is at Portage and Chappell was presenting final arguments at the close of a five Day hearing into the hotels bid to have the lion assessed value of the building Cut to the building based on an estimated construction Cost in 1949 dollars of million minus depreciation from Wear and tear of is the major component in the pro Mertys annual tax owner Jack Perrin said the hotels location was cited by air Canada in 1980 when the airline shifted to the Westin hotel so that flight Crews on overnight stops would be closer to shopping and other Perrin added that via rail pulled out after the hotel asked for a rate increase along with the airlines Depar led to a Sharp Cut in room Revenue and a drop in the 1981 average occupancy rate to per Chappell said that aside from Over looking the City assessors Haven fully accounted for defects such As an archaic heating Cooling sys ill fitting inefficient ballroom location and the fact 52 rooms have showers while the assessors have depreciated the hotels value by per this partly subjective judgment is at Odds with the View of four appraisers called by the hotel who testified the Structure is now 100percent depreciated and should have no assessed Chap Pell the which has lost million under two owners since is doomed to continue in the red because of the cites 1980 historic building designation which prevents demolishing the build ing to redevelop the he unpaid taxes on the property total about million and the City will be entitled later this year to take Over the who bought the building from in hotels in late said he tried but failed to raise funds for renovations because the historic designation meant lenders seize the land for redevelopment if the hotel the historic designation is a Defi Nite deterrent to lenders on the basis that if things go they cant realize on the he it makes it very if not to raise the funds to do what must be Chappell said greatest life Assur Ance which provided a mortgage loan to recently took Possession of the adjacent but not the hotel Sile after the loan went into if the building is As valuable As the assessment department one must wonder Why the greatest life would walk away from the that is evidence of functional and economic Marvin lawyer for the argued that the assessment depart ment has fulfilled its Legal require ments by treating the fort Garry the same As any other hotel in the there really is nothing unique with respect to this building As compared to any other Samphire they All serve the same there designed to meet the same commercial the Appeal composed of Pri vate citizens appointed by City reserved decision on whether to Grant a tax i ;