Winnipeg Free Press

Winnipeg Free Press (Newspaper) - February 15, 2014, Winnipeg, Manitoba C M Y K PAGE A9 winnipegfreepress. com MANITOBA WINNIPEG FREE PRESS, SATURDAY, FEBRUARY 15, 2014 A 9 730 Archibald St. 204- 233- 0697 AREA RUG SALE! Over 1000 RUGS in stock Drop by for coffee and a chat and find out what makes Sylvan unique. READING, WRITING, MATH, STUDY SKILLS, HOMEWORK SUPPORT 204- 988- 5055 Sylvan Learning of South Winnipeg 17- 200 Meadowood Drive SylvanLearning. com across from the St. Vital Mall Struggles with reading impact all aspects of a person's life. Grades are dragged down in other subjects, particularly math; self esteem, confidence and work performance suffer. We have proven programs that help struggling readers of all ages. READING PROGRAMS FOR ALL AGES FROM BEGINNING READERS TO UNIVERSITY 918 Grosvenor Avenue 204.975.4605 Open Tuesday - Saturday 10- 6 Additional parking and entrance at rear SPORTY SPRING... 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" The laws need amending if the present laws give a green light to this." Matas was reacting to the decision of the Supreme Court of Canada this week not to hear an appeal by Chan of a Manitoba Court of Appeal decision that upheld a lower court ruling Katz had not violated the conflict of interest law. Katz's lawyer Robert Tapper said the Supreme Court thought so little of Chan's case they only spent a week considering the application before dismissing it, adding it usually takes the court up to three months or longer before deciding whether an application has merit. Tapper said Chan lost his case before three different courts, adding Matas should give up. " It might be time to recognize this was a witch hunt," he said in an email response to the Free Press . Chan, who manages another restaurant and who used to work for Coun. Harvey Smith, alleged Katz broke the law and used his influence to have public money spent at a restaurant he owned at the time but subsequently sold. Chan lost his first court challenge in April last year, when Queen's Bench Justice Brenda Keyser said the conflict of interest law only applied to decisions of council; and that she had the discretion to refuse to declare a conflict if she thought the conflict did not warrant the only penalty the court could apply - throwing him out of office and ordering a new election. Chan appealed Keyser's decision and the Manitoba Court of Appeal ruled in October that Keyser was wrong in concluding the conflict of interest law applied only to decisions taken at council meetings - that it also applied to the restaurant scenario. However, the Appeal Court said there was no evidence to support Chan's allegation Katz had influenced his staff to choose to hold the Christmas bash at his restaurant. But the Appeal Court said its ruling should not be interpreted to mean it approved of the decision to hold the Christmas party at Katz's restaurant, " nor do we express any comment on whether it meets appropriate ethical standards for elected officials." The Appeal Court also supported Keyser's position the courts have the discretion to not declare a conflict even if one occurred because, in their opinion, the penalty outweighs the offence. Matas said the discretion given to the courts in the law should be removed, adding a Manitoba Law Reform Commission report in 2000 advocated changing the legislation to provide the courts with alternative, less punitive penalties than throwing a politician out of office and holding a new election. Matas said the law reform commission suggested other penalties could include a reprimand, a fine, an order of restitution, suspension of the conflicted politician, as well as a declaration the conflicted politician's seat is vacant. " The courts considered forcing an election too drastic, even when there was an obvious conflict," Matas said. " Giving them less drastic options would mean that the courts would be more likely to confront conflict directly. " The discretion to say no, even when there is a conflict, needs to be abolished." aldo. santin@ freepress. mb. ca Conflict of interest laws need correcting: lawyer Courts need less drastic options for penalties, Matas says By Aldo Santin A former Winnipeg school teacher has been linked to a random, three- year- old sexual assault following a lengthy investigation by police. Kirt Cameron, 41, was arrested this week and charged with the " cold case" attack. None of the allegations has been proven and he is presumed innocent. A 23- year- old woman told police she was grabbed by an unknown man on a bike as she walked in the 300 block of Manitoba Avenue in September 2011. She was then dragged between two nearby garages and sexually assaulted. Cameron wasn't hard for police to find - he's currently in custody, without bail, on another sexual assault charge. He was arrested last November for allegedly grabbing a 29- year- old woman as she walked in the 100 block of Sutherland Avenue in September 2013. In that case, the victim says she was dragged to a nearby building, sexually assaulted and robbed. That case remains before the courts. Cameron was previously convicted in 2001 of attacking a teenage prostitute in his Pembina Highway apartment while arguing over payment for sex. - Mike McIntyre Cops link former teacher to cold- case sex assault ' The laws need amending if the present laws give a green light to this...' - David Matas WAYNE GLOWACKI / WINNIPEG FREE PRESS FILES Joe Chan leaves the Manitoba Law Courts building last April. A_ 09_ Feb- 15- 14_ FP_ 01. indd A9 2/ 14/ 14 9: 45: 15 PM ;