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Lethbridge Herald, The (Newspaper) - April 2, 1974, Lethbridge, Alberta ApM 110N-THI LlffttMOtt Quality replaces patronage in judiciary By Globe tad Mall coasBcatatar OTTAWA Tbe Liberal government has received good deal of richly deserved criticism for the thoroughness with which it looks after its own. ft would be but a slight exaggeration to suggest that, if there is a single defeated Liberal candidate from toe 1972 election who has not been favored with a spot somewhere on the public payroll, it could only be because he neglected to apply. The Senate, of course, stands, as ever, as a living monument to big-league pork-barrel politics. Having said that, it is a pleasure and a relief to note that quality has replaced patronage as the guiding principle in the most vital area of federal appointments the naming of judges. Almost exactly 300 judicial positions are filled by the federal minister of justice; besides the judges of the Federal and Supreme Courts of Canada, these include 201 country and district judges from one end of the country to the other and 277 provincial Supreme Court judges. The effort to upgrade the calibre of the bench can be traced to 1967 when the then minister of justice, Pierre the practice BERRY'S WORLD of submitting dw prospective judges to the judicial committee of the Canadian Bar Association. This procedure was continued by the next justice minister, John Tuner, who also did a great deal of personal bird- dogging to seek out able, experienced lawyers for judicial appointments. Under Mr. Turner's successor, Otto Lang, the selection of judges has been made more systematic. Last year, Mr. Lang appointed a young University of Windsor law professor, Ed Ratushny, as special adviser with responsibility for receiving and seeking out recommendations for appointments Nand for gathering information about the individuals recommended. Prom this bank of names, Mr. -elects those he wants to submit to the judicial committee The committee then reports back to Mr. Lang whether in its opinion, each candidate is well qualified, qualified, or not qualified. Although its opinions are not binding on the government, the judicial committee, in effect, has the power to blackball potential judges. Its reports are secret, but as far as can be determined only once since 1N7 has an individual been nppoinUd who was deemed .to be not qualified; that was to a county court in Ontario. Some of the appointments have bean outetanding so much so that Mr. Ljmg and his predecessors win praise not only from the legal profession but from opposition politicians as well. "I think they're entitled to says Conservative justice critic Gordon Fairweather. He is echoed by New Democrat Andrew Brewin: "Certainly at the higher levels, the standard of appointments has gone up, and there's a refreshing absence of the old partisanship." That's not to say partisan political considerations play no role at all in appointments to the bench; it's doubtful whether any minister of justice could ever insulate himself completely from the pressures of his party and his Cabinet colleagues. Appointments are discussed in Cabinet, often heatedly, before they are made. "In the process we may have hair all over the says Mr. Lang. "It could be anybody's hair." Two recent appointments in which politics may have been more than a passing consideration were those last year of former Liberal MP Russell Honey to the county court in Belleville and former Liberal Cabinet minister Patrick Mahoney to the Federal Court. Both had lost their seats in the 1072 election. But other appointments have crossed party lines. Mr. Turner, for example, appointed the former provincial New Democratic Party Leader, Tom Berger, to the Supreme Court of British Columbia and another CCF- NDP stawart, John Osier, to the Supreme Court of Ont- ario. Mr. Lang named Charles Lubin a Conservative, and Allan Goodman, a New Democrat, to the Supreme Court in Ontario and former Conservative Justice Minister Davie Fulton to the same court m British Columbia. Mr Lang he tonka first at UM prospective htuiifcn qualities, Including sympathy, generosity and charity. He also looks for an even temperament, integrity, ability to listen and an impeccable personal life. Next, in Mr. Lang's order of priorities, come legal ability and experience (under the judges act federally appointed judges must have been members of the bar for at least 10 "I rate ability above says Mr. Lang, "and I try to match both to a willingness to work and a desire to do a job well." Other considerations include religion and ethnic origin (although these are less crucial than they once specialized ability (a particular court may need strengthening in, bankruptcy or criminal public service (political activity is not an automatic entree, but it doesn't age and sex. The government is making a conscious effort to lower the average age of the nation's judges, by recruiting them younger and retiring them earlier. Mr. Lang feels 37 to 50 years is the ideal age range for a new judge, depending on the level of the court. The retirement age on county and district courts has already been lowered from 75 to 70, and the justice department encourages judges to move to a supernumerary or part-time status when they reach 65. It is not easy, however, to interest younger lawyers in the bench. For many, a judgfeship means a drastic reduction in income at a time when their. family requirements are greatest and their earning power is at its peak Basic salarv and allowances for county and district judges come to while provincial Supreme Court justices make (In Ontario, provincial allowances push these figures to and Salaries are under review now and will almost certainly be increased later this year. as more difficult problem for the justice minister politically and ministerially speaking. Women's Lib has had virtually no impact. In the four years prior to Mr. Lang's appointment in January, 1972, Ottawa named 116 .male judges and only two females. Since then, Mr. Lang has appointed M males and five females a slight but unimpressive improvement. Today, there are no women on the Supreme Court of Canada or the Federal Court of Canada and only four (out of 277 positions) on provincial Supreme Courts. Until last year, there were only two. There are special problems, Mr. Lang says, in recruiting women judges. Women account for only i per cent of the practicing lawyers in Canada. them are in fairly narrow specialties, such as institutional work (with trust companies and the like) and family law; relatively few do litigation work. Although women are entering law schools in ever-increasing numbers, the 10-year rule means that it will be some time before there is a large pool to draw from. "At the present says Mr. Lang, "if I'm looking at an equal man and woman for an appointment, I'll appoint the woman." Without question, Mr. Lang's most dramatic appointment was the elevation late last year of Bora Laskin to Chief Justice of Canada, over the heads of other, more senior, Supreme Court Justices. But in terms of improving the calibre of the bench, appointments in January and February, 1973, may have a more far-reaching effect. That was when Mr, Lang persuaded three of the most prominent lawyers in Ontario Charles Dubin, Willard Z. Estey and G. Arthur Martin to join the Ontario Court of Appeal. "That was a real coup for the courts in says the justice minister. "It made it a little easier for other good men to give up their practices to become judges." Book review X Dreary romantic novel 1974 by NEA. Inc "The Dragon's Head" by l This is supposed to be the Doris Leslie, (William' romantic story of an Heinemann Limited, 287 aristocratic young lady who pages, unwittingly gets involved with Decide how much income you'd like to receive every month, How would you like a guaranteed monthly income? Something solid, secure and guaranteed by Royal Trust. Month after month, regular as clockwork. You can have this. With Royal Trust Guaranteed Monthly Income Receipts. These are 5 year term receipts that have an added advantage: interest is paid into your Royal Trust Savings or Chequing Account on the first of each month. If you don't have an account with us, we'll have to open one for you for payment purposes. There are no fees or handling charges. Your principal is returned in full at the end of the 5 year term. Guaranteed Monthly Income Receipts are for a minimum amount of or over in multiples of and are for 5 years only. For example: Monthly S 35.41 42.50 S 70.82 G.M.I.R. S 1 I I I I Based on a 8 Vi% annual interest rate. Yes, I'm interested in a guaranteed monthly income. Please send me your brochure on Guaranteed Monthly Income Receipts. There is no obligation on my part. NAME______________________ FiH in the coupon below and send it along to us. Or give us a call. We'll see you get complete details. Decide what you want. We can help you. Guaranteed Monthly Income Receipts Royal Trust ADDRESS. Member Canada Deposit Insurance Corp. 740 4th Ave. South, Lethbrldge, Alberta 328- 5516 See "The National Dream" Sundays on CBC I I I I I spies and secret service agents. The setting is England in the decade after the First World War. It's a boring book. The chief characters are lords, princes, earls, counts and knights, supported by their obsequious flunkies. Foreigners and the working class are portrayed as incoherent morons who require speech therapy. (Frenchman: 'I've ze honrieur, zat I speak not so good ze English.' British worker: 'Yah. You in yer fine clo'se wot eats in one dye wot the miners an' their chillearn don't eat in a There's a randy prince (WHITE Russian, of course) who wants to marry her ladyship. he knelt to her and buried his head between her and this was before Dr. Reuben wrote his famous do-it yourself guide. The prince's wife turns up and that ends his romantic moonlighting. It looks as if her ladyship will remain a spinster or marry a common waiter. The problem is solved when her waiter friend turns out to be a wealthy gentleman, the product of an exclusive English private school, a volunteer worker for the British secret service and, mark this well, the heir to an earlde'm. The ruling class breathes a sigh of relief and so should the reader who comes to the end of this dreary novel. TERRY MORRIS Books in brief "Voices of the Plains Cree" by Edward Ahenakew, edited by Rath M. Beck. (MeCkllaad and Stewart, pages, Ahenakew, a Plains Cree, recorded a collection of legends related to him in and Ruth M. Buck has recently translated them and published them for the first time. Divided into two books, the first dealing with the tales of Chief Thunderbird and the second with Old Keyam, this publication provides insight into the legends and culture of the Plains Cree. GARRY ALLISON Apathy and indifference II By Eva Brewtier, (redMee writer Participatory democracy cannot work as long as half the members of society are playing ottrich, hiding their heads in the quicksand of economic wealth and security, while the other half demand: "Stop the world, we want to get off." Unless both factions change their attitudes fast, ostriches as well as drop-outs will be blown off this spinning planet which, after all, refuses to stop for anybody If Canada is still one of the last bastions of peace, how much longer can it remain so? The news media is as guilty as the inward- looking public of playing down the most obvious danger signals. Headline news in this country usually comes from Ottawa or -Washington and concentrate to an inordinate degree on the energy or Nixon crisis. Much more sinister stories and few people can apparently imagine anything worse than shortage of fuel or corruption in high places are often relegated to back pages of papers and brief afterthoughts on radio and television if they are, indeed, mentioned at all. It is, of course, common knowledge that the Middle East is a powder keg and that oil, terrorism, and the Bible in that order today originate from this area. Most people realize now that guerrillas there, were and still are, training nationals of almost every country on the globe to spread terror throughout the world. Yet, western nations sit back, wallow in scandals and weak minority governments, pay ransom after ransom and then provide safe passage to kidnappers and murderers to any place of their choice, regardless of whether their victims are dead or alive. History has proved repeatedly that giving in to blackmail never led to peace. In one of my frequent nightmares, Henry Kissinger takes on the features of Britain's umbrella- waving pastmaster of appeasement ir the late 1930s. While Neville Chamberlain in 1938 did not win the Nobel prize for his peace- keeping efforts when he returned from Munich (although Jie too promised a peace in our time that didn't quite come there are other frightening parallels: the East-West detente, for example, that went sour when Russia suddenly allied herself to Germany with the brilliant idea of, between them, carving up Poland. Since the world had already left Czechoslovakia to Germany's tender mercy for the sake of "lasting the two powerful dictatorships did not foresee any outside interference in further annexations. however, was the last that brake the camel V back and led to the Second World War. Taking a strong stand is as difficult now as it was then and, in this generation, Czechoslovakia was once again abandoned. Together with the rest of eastern Europe, it is now firmly under the heel of the Soviet Union. In 1938. Winston Churchill said of Chamberlain: "He is ushering Czechoslovakia into the outer darkness with assurances of his most distinguished consideration." Richard Needham of the Toronto Globe and Mail asked recently: "Isn't this what the Western nations are doing with I would go further than that. They are not only leading Israel but the whole world into darkness, aided by their citizens' apathy and indifference. The majority of Canadians feel most trouble-spots are thousands of miles away and always hope threats will go away if they shut their eyes and take a deep breath. But what, in fact, are thousands of miles in terms of distance when we have intercontinental missiles planted just a few miles south of the U.S. border and in the Canadian Arctic, for instance9 These missiles are capable of destroying Russian cities at the push of a button and, obviously, the Soviet Union has the same sophisticated hardware trained in the opposite direction. Since Canada is strategically placed between the two giants, who can deny the horrifying possibility of missiles dropping short of target in a future confrontation or, indeed, of Canada becoming a battleground. Have we left it too late to get our priorities right? Important though they are, oil and the Nixon crisis could well provide a smoke screen to detract attention from much greater threats to humanity. Time is running out. Unless Western democracies cease uieir internal squabbles, make a concerted effort to vote for, and then support, strong governments, unless governments see the need for honesty and accountability to their electorates, there is little doubt about the way we are heading. The price we may have to pay for apathy is imponderable Misunderstanding Dr. Spock Reprinted from the Wall Street Journal Dr. Benjamin Spock is in the centre of a mini-controversy once again, only this time not because of his political theories. Rather, the famed pediatrician recently wrote a magazine article advising parents to. be firm with their children and when in doubt to rely more on their instincts than on "expert" theories To listen to some of the reaction, one would almost think he had come out in favor of child abuse. The fact is that Dr. Spock has consistently urged parental firmness and discipline. His first edition of Baby and Child Care placed somewhat less emphasis on that aspect of bringing up baby than did subsequent editions, but that is because then existing child care books sometimes seemed to be little more than primers in parental tyranny. "Never kiss your was the advice of one standard baby care book. "Never hold it on your Jap. Never rock its carriage." If you must, "kiss (your children) on their forehead when they say good night, shake hands with them in the was its grudging advice for raising independent children. But the first sentence of even the first edition of Dr. Spock's book stated unequivocally: "You know more than you think you do." It proceeded to tell parents, "Don't be overawed by what the experts say. We know for a fact that the natural loving care that kindly parents give their children is a hundred times more valuable." When he subsequently became convinced that the commonest child rearing problems now arose from hesitancy and indecision rather than from rigidity, subsequent editions were even more explicit in advising parents to demand politeness and co-operation. He stressed that children who are given tirm leadership are not only better behaved but happier However confused Dr. Spock's political pronouncements, his child rearing advice has been sound. There is no way he need to be held accountable for overeager parents who mistook his advice to spoil children with love as a recommendation to spoil them with lack of discipline and an overabundance of material goods. Those who invoked the Spock name in defence of a flabby permissiveness that denies the need for parental guidelines and authority, simply misunderstood his advice to begin with. In short, Benjamin Spock has not done an about-face, as some critics now 'claim. But consistency by itself is not necessarily admirable. What is admirable is his longtime insistence that no fad or pseudo-scientific theory is as reliable as parental common sense guided by loving concern for the child. What is the biggest problem By George LaFleur, in The Native People Among the topics that spawn considerable discussion among native people is what is the biggest problem among native people today? Some people maintain that alcohol is. Yet not all native people drink, although this statement is hard to prove by the clientele at the beer parlor on any given day of the week. Peo- ple that deal with alcoholics and ex- alcoholics (if there are any) adhere to .-.uitistics that prove that alcoholism is one of the most pressing problems among native people. Yet. some of our more prominent natives who drink the alcoholics who pose as social drinkers say alcoholism is not our biggest problem. "Our biggest problem is not alcoholism, it ish shomething elsh like lack of educashun, lack of opportoonity, or poverty. Alcohol ish no problem, cause I'm native and I can handle my booze with the besht of them. The only problem I have with alcohol is when I run out of money and can't pay for it." Quote the drunks (educators say the lack of education is the biggest problem among natives and they could be right, as there are only a minimal number of natives with university or college degrees. The trend however, is changing and there are more and more natives in the higher levels of education every year, so the lack of education is gradually becoming less of a problem. What then is the biggest problem among natives7 Is it poverty? Possibly There are more poor natives than there are affluent ones. The trend in society has always been that the rich get richer and the poor get poorer and no one has come up with a possible solution yet where an equilibrium between the rich and the poor could be reached. If hot poverty, alcohol, and lack of education, then what is the biggest problem? Is it lack of opportunity? Poor housing? Lack of an economic base7 is it apathy? The loss of pride and culture? Or is it a combination of one or more of the above mentioned? Who knows? Was it the frustration and bitterness that was born out of hope and later turned to apathy7 Or was it the promise of'an easier life when life even in the best of circumstances is not easy? Or is it because we have failed to light the fires of initiative and motivation so that natives can meet the challenge of life and forge ahead in a self- determining manner not just because they have to but because they want to? And have we really given that choice to choose their own paths of destiny? I wonder. The answers are not easy to find even if the problems both big and small are there continually. Unlikely prospect By Doag Walker "So Elspeth is going to take a remarked D'Arejt Rickard after reading the filler about Elspeth's disillusionment with her passport photo and Paul's typically unflattering comment about his mother. I replied, "she's planning, to accompany her mother to Scotland to meet her relatives and see the country." "That's said D'Arc, "will Elspeth be taking Paul ;