Winnipeg Free Press

Winnipeg Free Press (Newspaper) - May 10, 1985, Winnipeg, Manitoba 4 police Cool to Snow removal parking ban by Patrick Mckinley with daily highs hovering around c this police say they Are in no hurry to resume enforcing an overnight parking ban designed to facilitate Snow removal from City a court ruling held that mayor Bill Norrie has no Power to lift and reimpose the parking ban at the court overturned an order in which Norrie lifted the ban in Jan after City Crews finished Clearing away the last major Snow fall of the the ruling Means the ban must officially remain in effect until the Day it would have expired had Norrie not issued the january police Deputy chief John Urchenko said police will take no action to Issue tickets until they receive offi Cial notice of the court ruling from the cites Law the court ruling tuesday resulted from a Challenge to the overnight parking which prohibits parking in one on Street parking spot for More than an hour at a time Between 3 and 6 the Challenge was launched by lawyer Anthony who got a ticket in april 1984 for parking All night in front of his Palmyn argued the whole bylaw should be invalidated because it is impossible for citizens to keep track of Norrie decisions to lift and reimpose Justice Armand Dureault up held the overnight but ruled the City must stick to the 15 implementation Date and the May 15 expiry Date spelled out in the the court of Queens Bench judge held that City Council had no Power to pass 1980 and 1981 amendments allowing Norrie to lift and impose the ban depending on Snow Condi Norrie said yesterday a Alvyns court Challenge appears to have backfired because the court ruling makes the ban rather than scrapping it As Palmyn had Palmyn said yesterday he intends see Norrie Page 4 showers tonight 10 rain tomorrow 18 May 1985 free press final Home delivery 9570550 classified 9562330 second class mail registration number 0b6 Sun rises sets Moon rises sets Over baked firefighters spent More than two hours yesterday fighting a Blaze that destroyed Leos Home bakery at 849 notre Dame Avenue and an adjoining Barber the believed to have been caused by an electrical Short broke out shortly after a group of High school students completed a tour of the sexual assault decision applauded by Larry Hill Winnipeg free press Ottawa prosecution of sexual assault charges was made easier yesterday when the supreme court of Canada upheld a Winnipeg rape a Federal lawyer and a Manitoba Crown attorney the court rejected John Henry san regrets argument he mistakenly believed his victim had consented to saying he wilfully blinded himself to mistaken belief is a common defence against sex As Sault i think it is a Victory for All women in said Manitoba Crown attorney David who argued the Case in Richard general counsel for the Federal Justice departments criminal Law policy in cases where Clear facts suggest the accused must have known his victim was not it will be More difficult to mount the classic defence that the Man wrongly thought the woman was willing to have Mosley Kathleen chairman of the Justice committee of the National action committee on the status of applauded the 70 mistaken belief has always been something that men have used its been a classic Way to try and get themselves off the it is very easily it is some thing that in really delighted the courts Are analysing and scrutinizing in far greater Winnipeg defence lawyer Richard Wolson said the combined with criminal code changes in would make it harder to use the argument of mistaken its open to the jury to say he had an honest belief but he wilfully blinded Wolson who acted for said concerns me if an accused honestly Doest have the intent to commit the if he can be Justice William Mclntyre noted in his ruling the 31yearold Winnipeg victim bad complained to police she had been raped by the offender in september and in octo who was her former was charged after the second soviet arms treaty Promise fuels deployment debate Washington a the soviet Union has told the United states it will respect Salt ii missile limits when it deploys new ss25 a move a senior official could raise prospects of the a ratified the who favors continuing Salt ii beyond the scheduled expiration at the end of this said the administration is in the throes of a major debate on the whole he spoke to a reporter yesterday on condition he not be president Reagan is due to report to Congress by june 1 on the consequences of continuing adherence to the Salt ii Al though he could request an Exten the state department official said he expects a decision in six to eight he said it could go either he said the review also includes whether to continue adhering to the Salt i which was ratified but has although the United states didst ratify Salt which was negotiated by the Carter administration in both Moscow and Washington have said they would abide by its Reagan said in february he would decide in the next several months whether to join Moscow in Violat ing the treaty limits on the number of missiles each country May de Moscow has denied although the United states contends it has tested More new missiles than the treaty the administration has to decide something soon because a new Tri Dent missile firing the uss Alaska which is to begin sea trials in october would cause the Salt ii limit to be exceeded unless another older submarine is the official said Moscow signalled its willingness to continue the treaty when it informed officials two weeks ago that it would retire older see Pentagon Page 4 in the Case that went to Sansregret broke into the woman threatened to kill her with a Butcher bloodied her made her bound her hands with a Scarf and terrorized convinced he would kill her if she didst Calm him the woman obeyed when told to lie said she loved him and consented to judge Mclntyre serving a five year jail term for break and unlawful confinement and said he was innocent because he thought the woman was genuinely but judge Mclntyre upheld the Manitoba court of Appeal decision that she was raped because the consent was forcefully to proceed with Intercourse in such circumstances without further inquiry constitutes self deception to the Point of wilful judge Mclntyre where the accused is deliberately ignorant As a result of blinding himself to reality the Law presumes knowledge in this Case knowledge of the forced nature of rape provisions in the criminal code were replaced by categories of sexual mistaken belief in consent May still be used As a defence but the new provisions make the reasonableness of the mistaken be Lief a Factor in determining whether the belief was truly in his 23page judge Mclntyre said it May be thought that this question has become of minor but it would appear that similar cases involving similar defence claims May Well arise under the new code provisions see sexual Page 4 Bill gives court Power to evict child abusers the Manitoba government plans to give its family service agencies the Power to apply for court orders to evict child abusers from their under a Bill introduced yesterday in the Community ser vices minister Muriel Smith said it would be an alternative to the pres ent system of removing the Smith said Bill 12 would make Manitoba the second province to take this she said the court order also could require the evicted person to continue family the 78page a culmination of three years of review and Consul consolidates and amends existing child welfare Smith predicted it will become a Model for other she said the Bill includes the Legal framework for native child care As Well As a permanent moratorium on out province the proposed legislation also contains an expanded Section on the Best interests of a recognizing Cul Tural and linguistic factors for care and adoption culture and heritage recognition was a key Point sought by native organizations who wanted More autonomy in child Smith said allowing the removal of an alleged abuser is part of the Bills emphasis on preventive care and support for she said this will include provid ing counselling or Parent aides who live with a Smith said it is a shift from past when re moving threatened children from the family was changes in the Bill make it easier for adopted people to Trace members of their natural Smith that natural parents would still have to give an Agency director permission for an adopted person to know their the Bill also allows the Media to report on child care and adoption but names of participants Are not to be any Media outlet that Breaks the Law will face a Fine of up to for a corporation and for an and a jail sentence of up to two under the a person who Sells a baby for adoption could be fined up to and face a six month jail Smith noted the emphasis on preventive and income care will not add to the provinces costs of protecting she estimated Manitoba will spend about Mil lion on such services this with Ottawa Matching the David a Winnipeg lawyer who has specialized in family said allowing removal of the abuser takes the onus off the a member of the Board of see adoption Page 4 tory leak probed by ramp staff up Ottawa the ramp investigation into the leak of an alleged Cabinet document recommending massive cuts to native programs proves the document is a real government plan to save millions at the expense of new Democrat maps said its evident there looking for the source of the leak so we know two nip Leader de Broad Bent the investigation is about a document that that came out of Deputy prime minister Erik Nielsen office and beyond the subject matter is of Funda mental importance to particularly native ramp staff Dennis Rich ear Lier confirmed the Force is conduct ing an inquiry into the leak of the document that was allegedly pre pared by Nielsen Cabinet cos Cut Ting but he would not give details of the investigation or say who had requested prime minister Mulroney said there is a routine procedure that comes into play whenever govern ment documents Are diverted from Normal although Mulroney said he did not read much into he quickly added i want to be the see Ottawa Page 4 warrant less seizures ruled unconstitutional Toronto up a Section of the income tax act that allows Revenue Canada investigators to seize taxpayers financial records without a warrant is unconstitutional Ontario supreme court judge has in a judgment released Justice Elmer Smith said the Section contains no safeguards and the potential for abuse is enormous in the hands of an unscrupulous the judgment partially upheld a ruling by a provincial court judge who had been hearing charges against Steve and Dorothy Dragic of in bringing the Case to the higher judge Claire Lewis asked whether he had erred in ruling that the seizure provision was inconsistent with the charter of rights and judge Smith ruled that judge Lewis had but judge Smith did say judge Lewis had erred in ruling against admission of the seized documents As the owners of a convenience were accused of having failed to declare certain taxable in come Between 1977 and their Joseph said the Cou ple had agreed to a search of their premises in August 1981 during which the investigators seized some in his judge Smith said judge Lewis clearly erred in his decision to exclude As the seized documents because the charter had not been passed at the time of the mixed review experts Greet Ottawa proposal for on Estop financial shopping with varying degrees of no delay Justice minister John Crosbie refuses to delay the constitutional Resolution on the tvs the most important Canadian to people could be the executives who visit California to choose imports for the defence f Alle a mans mercy killing defence nets him life in 0076645 Ann 25 39 24 39 31 7 Jumble 43 36 our 21 sports record 60 27 to 21 ;