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Lethbridge Herald (Newspaper) - February 6, 1973, Lethbridge, Alberta 4 - THE LETHBR1DGE HERAID - Tuesday, February 6, 1973 A commendable start In his first address to the House of Commons in Ottawa, freshman MP Ken Hurlburt drew a direct bead on the ridiculous mish-mash of provincial highway rules that make things so hard on Canadian long-distance truckers. InterprovLncial disparities in permit and licensing requirements are a real and serious problem, as is shown by the large iiumber of Canadian trucks that head south into the U.S. for as much as 2000 miles of the transcontinental journey. Naturally there are explanations for these differences, and some of them may seem quite reasonable. Highways built under different jurisdictions are veiy likely to have differing capacities, and to reflect differing views as to safety and convenience. There also exists, one suspects, more than a touch of the toll-gate philosophy, the notion that it is always permissible to tap the transient for a small fee. But whatever merit each province may see in having its own peculiar rules, there is - or should be -a national perspective, too. Nearly a billion dollars of Canadian taxpayers' money has gone into organizing and building a trans-Canada highway system, and the diversion of Canadian trucks to U.S. roads is no way to get our money's worth. Not only does this result in heavy travel costs being spent in the U.S. instead of in Canadian towns along our town highway, but all those extra miles must add to the expense of moving goods, and therefore to their prices. Mr. Hurlburt is quite right in asking the federal government to take a lead in dismantling this silly and unnecessary barrier to Canadian commerce. Moreover, in doing so, he is acting in the down-to-earth, com-monsense way southern Albertans expect of their representatives in Ottawa. Improved medical care One innovation in the move to bring more efficient health services to the communities of southern Alberta is the introduction of the regional laboratory program expected to be implemented in its first phase at both St. Michael's and the Lethbridge Municipal Hospital late in March. This new service, aimed at speeding up laboratory testing, is expected to provide a more satisfactory, economical and efficient service for some 18 smaller hospital communities located between Claresholm and Bow Island, Vulcan and the U.S. border. Formerly lab work from the rural hospitals had to be sent to either Edmonton, Calgary or Lethbridge resulting in a loss of time in what was a very costly operation. Further efficiency is envisaged in the gradual phasing out of the laundry facilities at St. Michael's with all laundry to be handled at the Municipal. The standard of nursing in Alberta has long been recognized as excellent. This province has established a precedent in offering a course in advanced obstetrics, open to graduate nurses and offered through the University of Alberta. In addition to the theory, a student is required to have handled 20 deliveries on her own. Experience is obtained at individual hospitals when openings occur in their obstetrics department as is the case presently at St. Michael's. Nurses taking this course generally have plans to serve in rural northern regions or in developing countries. The move to switch nurses' training from the hospital to the community colleges is another innovation. There are only six remaining Alberta hospitals, including the Lethbridge Municipal, where the nursing program is still offered. St. Michael's, established in 1929 by the Order of the Sisters of St. Martha, is now training its final nursing class. Along with changing nursing methods and updated courses, the needs of the patient are changing too. Outpatient service is becoming increasingly popular with a patient choosing to remain at Home, if possible, rather than occupy a hospital bed. This results in a saving of approximately $40 per patient per day to the taxpayers. Out-patient treatment and testing can be carried out quickly with the patient returning to his home and his family. For this reason it would appear the time has long gone when the emergency ward facilities at St. Michael's (which also houses out-patient care) are adequate for the increasing service carried out at this modern hospital. This ward, with its covered ambulance bay is well equipped but it can't begin to handle adequately the growing number of patients requiring outpatient service. While change is inevitable, as .s the case in all services offered to people, the one factor - quality - must always remain untarnished in providing medical care to both in-and out-patients and it is this highest goal which is always paramount in the thinking and planning of all hospital officials. The casserole Temporary, according to the office dictionary, means "lasting, existing, serving or effective for a time only; not permanent." Candy makers might be forgiven for wishing to draw this definition to the government's attention from time to time, when it is noted that the existing 12 per cent federal sales tax on confectionery products was imposed as a "temporary measure" - a half-century ago. Another menace to life, limb and sanity has been unmasked. From the Max Planck Institute of Labor Psychology, where he has studied people's hands and fingers for the past several years, a Dr. Christoph Wagner (no connection one assumes) has announced that it is unsafe - that's the word he used - to compel some children to play the piano. The good doctor advises all parents contemplating a musical career for a child, to first arrange for a thorough medical examination of his hands, especially the fingers, to assess their physical capacity for such a career. Really, there's just nothing like the truly scientific approach, is there? Frankfurt Official Advice Centre have studied the matter, and scientifically established the proportions that make up the ideal female figure. It's all in the wrist. An ideal figure is one with the ankle one and one half times the size of the wrist, the calf twice the wrist, the thigh three times the wrist, the hips six times the wrist, the waist four times the wrist, and the bosom six times the wrist. So there you have it, girls, whether you're tall or short, big or small - an iron-clad alibi, if you happen to have a lousy figure; just say you injured your wrist when you were little. The Wall Street Journal has just broken the news that children's tricycles are unsafe. At any speed, one assumes. This has been established in an exhaustive series of engineering studies conducted by Calspan Corporation acting for the health, education and welfare department's bureau of product safety. Overlarge front wheels, steering angles that are too great, excessive speed capability, seats too high in relation to rear-axle widths, are just some of the elements of "unsafe design configuration" that result in such perils as "unstable perl'orm-'aJice" and "rollover when turning." It seems almost irreverent, but one is serously tempted to breathe a quiet but heart-felt "wow". With Christmas out of the way for another year, the trees all taken down and thrown (packed?) away, it may be safe to mention a whimsical thought that popped up during the festive season, prompted perhaps by reflections on the general attitude towards worthy causes, current notions of fund raising, and level of Nationality on which these things are arranged. This is a suggestion that there be yet another door-to-door canvass - blitzes, aren't they called - this one conducted by citizens concerned with conservation, selling genuine Christmas trees to raise money for the Save Our Forests Fund. Here's some good news for all the girls who aren't quite sure when to start ~ or when to stop - dieting. Recognizing that it's not just a matter of how much a person weighs, but of how it is arranged, a group of experts at the Sometime in the next few months it is expected the U.S. Supreme Court will ban employment ads that specify either a male or a female worker is wanted, when the job can be done by either, on the grounds that stating a preference could be discriminatory. It shouldn't be long before the practice - if not the law - crosses into Canada, so soon there will be no more "Help Wanted - Male", "Help Wanted - Female" ads in our newspapers. At least one local employer objects. "I want a gal to keep my books", he says; "I've always had a gal, damn it, and that's what I'm going to have. I'll advertise their way if I have to, but any male who applies will just be wasting his time and mine.'' Which doesn't seem likely to accomplish much of anything. "I'm not allowed to swat them miss -all I can do is press charges against them." Supreme court split on Indian rights By Maurice Western, Ottawa commentator for FP Publications OTTAWA - The case of the Nishga Indians, which has been blocked rather than decided by a split verdict of the Supreme Court, is of doubtful relevance for other public issues involving aboriginal rights. What the Nisligas sought was a declaration that their title to an area in north-western British Columbia has never been lawfully extinguished. If it had, it would not necessarily follow that the title of Crees and In-uits, for example, had been law-fuly extinguished in the lands which the Quebec Government proposes to drown. On the other hand general expositions of the law in respect to aboriginal rights, such as may be found in each of the conflicting opinions, would have undoubted importance for other cases. The Nishgas, relying on their own resources, have preferred to make their own case, which they regard as particularly strong. A number of the very important facts which they cite are not in dispute, being formally conceded by British Columbia. First, there is agreement that the Nishgas are descendants of Indians who have occupied the land from time immemorial. There was no argument about the map entered as evidence. The land was not lost by conquest, with the exception of minor parcels (especially the townsite of Stewart), it has not been disposed of by the Crown to this day. The Nishgas make no claim about the parcels but hold that any provincial statutes, such as the Land Act, which might be alleged to convey an unencumbered title, are ultra vires. It is further agreed that the Nishgas at no time entered into a treaty or deed of surrender as many other tribes did. It is also conceded that Parliamant has taken no steps since Confederation to extinguish title. What British Columbia asserts is that aboriginal title, if it ever existed, had been lawfully extinguished when the province entered Confederation in July 1871. In reaching their opinions, the six judges who divided equally against each other delved deeply into history and into legal doctrine as it has evolved in the various states inheriting the great British tradition going back to the Proclamation of 1763 and beyond to the dealings of Sir William Johnson with the Indian tribes. A certain symmetry may be suggested by the division of judges, three against three. In my view, this is misleading. Mr. Justice Hall, with Justices Spence and Boa Laskin concurring, have delved more searchingly into history and reflected legal doctrine. The opinion is not the worse for being supported at important points by plain, common sense. It is a great judgment which should make its author famous. The judges are not in disagreement about the importance of the Proclamation. Mr. Justice Judson, however, (with Justices Ritchie and Martland assenting) holds that it could not have applied to British Co* lumbia and thus to the Nishgas. The argument is that the area came under joint British-U.S. occupancy only in 1818 and under British sovereignty only in 1846 (by the Oregon Treaty). It has also been held in British Columbia that the lands were "terra incognita' in 1763. Mr. Justice Judson seems to attach importance to the fact that these conventions made no mention of Indian rights. But why should there have been such mention when the purpose of the instruments was to regulate the relations between governments or to define' their respective jurisdictions? There was no issue of Indian rights to be negotiated. In any case, both governments subscribed to the same doctrine; an inherited doctrine in the American case as clearly shown c 1573 by NEA, Inc. "If we wou/rf have had to listen to one more of Dr. /Cis-inger's stones about the swinging chicks he dates, I would have left Paris!" in judgments of Chief Justice Marshall. In 1763 sovereignty was undivided; the problem of the Imperial authorities was the management of a continent. Three new provinces were being established. The Proclamation declared the Royal Will and Pleasure "to reserve under our Sovereignty, Protection and Dominion, for the use of the said Indians, all the Lands and Territories not included within the Limits of our Said Three New Governments, or within the Limits of the Territory granted to the Hudsons Bay Company; as also all the Lands and Teri-tories lying to the Westward of the Sources of the Rivers which fall into the Sea from the West and North. . ." Excluded, then, were the new provinces (Quebec, East and West Florida) and the Hudsons' Bay territories but not the lands to the west of the river sources. Mr. Justice Hall dismisses the argument that the lands were terra incognita simply because they were not explored and delineated. On such an assumption Dne would have to assume that the British knew nothing of the activities carried on by Russian merchants there since Bering's voyage of 1721. It was certainly known (had been known since Drake) that the coast ran very far north and the efforts of both Hudson's Bay servants and French explorers to reach it suggest an awareness that the Russians and Spaniards were on to a good thing. In any case this argument of geography is not decisive because the requirements of the Proclamation became settled policy of general application. Mr. Justice Hall calls its force as a statute analogous to the status of Magna Carta in that "it was a law which followed the flag as England assumed jurisdiction over newly-discovered or acquired lands or territories." Thus it was noted in a 1965 judgment (White and Bob), upheld by the Supreme Court, that policy did not differ in the Hudson's Bay territory, formally excluded from the proclamation. "In pursuance of that policy, many agreements, some very formal, others informal, were made with various bands and tribes of Indians for the purchase of their lanis." The famous prairie treaties afford evidence that Canada, as heir to the Company, pursued the policy with vigor to facilitate the opening of the West. Mr. Justice Hall notes simply that the Colonial Laws Validity Act applied to make the Proclamation the law of British Columbia The nature of aboriginal right has been discussed in many judgments over a period of two centuries; a remarkable activity if it was altogether lacking in substance. It has never been regarded as a claim to sovereign possession or a denial of the Crown's paramount title. But at least it has been held to be a burden on the title of the crown. As early as 1823, in a famous decision Johnson V, Mcintosh, Chief Justice Marshall discerned in the original inhabitants of the soil "a legal as well as just claim to retain possession of it, and to see it according to their own dis- cretion", although their rights to complete sovereignty had been necessarily diminished. In fact Mr. Justice Judson and those agreeing with him do not assert that the Proclamation was the exclusive source of Indian title. They are careful to make this point clear. But plainly they take a very limited view of Indian rights. The divergence between this opinion and that of Mr. Justice Hall will be examined in a subsequent article. There remains another point. Whatever the value of the Indian claim, was it in fact ex-tin gu i s hed before Confederation? Mr. Judson and ms colleagues hold that it was when the sovereign authority elected to exercise complete dominion over the lands, by opening them for settlement (subject to reserves then set aside). But this is disputed by the other judges with arguments, also to be considered later, which seem unanswerable to me. Letters Front-page editorials I am writing to express my distatste for an unfortunate practice of The Herald which I shall refer to as "front-page editorials." My particular complaint is with a February 1st article entitled "Alberta could be pushed into the corner." The article purports to explain how the present federal government has "expressed disinterest In Alberta's affairs or else scorned them (sic)." Without doubt, the article is an editorial. It contains virtually no documentation to support its central claim. It depends, rather, upon the use of not-so-subtlo but snide innuendo. In short;, it is nothing more than opinion -: simplistic opinion at that. The Herald has every right to publish whatever editorial opinion it wants to - at what- Good work I wish to congratulate the the Lethbridge dog catcher on his good work. Now we flower lovers have a chance to grow them; our oar tires won't rot away as fast; our fence posts will last longer; our heels won't be nipped as we walk down the street and vermin won't be spread as much. In general this will be a better town to live in. If dog lovers had sense enough to be good citizens and keep their dear loves under control at all times dog catchers would not be necessary but dog lovers think their dogs should be subject to no restraint. My congratulations onoe again Sir dog catcher. Thanks! DREAMER Raymond ever level of insight. It Is not, however, permitted to pass these off as front-page news stories. News stories offer facts, not the proliferation of personal neuroses. As for the substance of the article, I should very much like to see references from Hansard which demonstrate the claim that Messrs. Trudeau, Turner and Mackasey scorn or express disinterest in Alberta's affairs. I should also like to know by what standard NDP failure to gratify the Tories by bringing down the government mounts to "the NDP's marriage to the Liberal's in Ottawa." Finally, I would suggest that the greatest danger to Alberta's interest In the upcoming federal-provincial conference is the attitude of one Peter Lougheed. JOHN McINNIS Lethbridge Editor's Note: Between the hard objective news end a newspaper's editorials there is a wide area sometimes called "interpretive" reporting, containing varying proportions of news and news comment or opinion. Of necessity it is subjective, and its value depends on the authority of the writer who is always identified. All newspapers use this type of material because there is an important place for it. Most of them try to make room for it in the news pages. We see nothing wrong with this, as long as its nature is understood. Perhaps such items should be identified as comment or Interpretation, if there is any doubt. The article in question may not have been the best example of this type of material, and the correspondent's critical comment is appreciated. TheletKbridge Herald 504 7th St. S., Lethbridge, Alberta LETHBRIDGE HERALD ^0. LTD., Proprietors and Publisher! Published 1905 -1954, by Hon. W. A. BUCHANAN Second Class Mall Registration No. 0012 Member of The Canadian Press and the Canadian Dally Newspaper Publishers' Association and the Audit Bureau of Circulations CLEO W. MOWERS, Editor and Publisher THOMAS H. ADAMS, General Manager DON PILLING WILLIAM HAY Managing Editor Associate Editor ROY F. MILES DOUGLAS K, WALKER Advertising Manager Editorial Page Editor "THE HERAID SERVES THE SOUTH" ;