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Lethbridge Herald Newspaper Archives

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Lethbridge Herald {Newspaper} - 1974-01-23,Lethbridge, Alberta •-THE LCTHtniDOi HMALD-WtdiNiMtay, JMMMry IS. 1174Supreme Court makes precedent-Betting rulingTAXPAYER MAY CHALLENGE VALIDITY OF FEDERAL LAW OTTAWA (CP) - The Supreme Court of Canada has allowed a challenge to continue against the Official Languages Act by making a precedent-setting ruling that a taxpayer can challenge In the courts the constitutional validity of federal law. The ruling leaves it up to the discretion of the court whether it hears such a class action by an individual. In making the niling, the court, in a jud^ent written by the new chief justice, Bora Laskin, allowed an OS-year-old reUred jud« to contoue his four-year-old lone fight to outlaw the Official Languages Act. In a 6-to-3 decision, the court overturned the decisions of two Ontario lower courts and said that the judge, Joseph Thorson, may proceed with his case in Ontario Supreme Court to have the act declared ultra vires of Parliament. Mr. Thorson is former president of the Exchequer Court of Canada. Tlie majority deciikm was written by Mr. CUef Justice Laskin, who announced the-judgment in hts first court function as chief justice. The minority decision was concurred in by Gerald Fauteux, recently retired as chief justice. After the judgment, an overjoyed Mr. Thorson, looking frail but still reMly for more court fights, shook hands with his son. The son, D. S. 'nontm, now deputy minister in the justice deiMrtment, in 196B wrote the act that his father Is fii^tlng. "I’m right back where I started four years ago,” Mr. Thorson Sr. said later. He said the federal govemment bad tried in those years to prevent the real issue Ot the Official Languages Act from being beard in tbe courts. Asked whether he was willing to continue his fight right back to the Supreme Court of Canada again, if necessary, he said; “Well, I’m S5.” Tbe act seeks to broaden the use of French in the federal civil service and federal agen> cies. Mr. Thorson says Parliament cannot amend the constitution in matters dealing with the use of French and English and that tbe bill compels the use of French in areas where it is not now required. After failing in attempts to get the federal government to test the validity of the act in the courts, he took action himself in'1970 against the at torney-general ot Canada ana sundry others. He sought to have the act declared ultra vires of Parlia-m«)t and to have all money. sp^t in connection with it,~ including the salary of the language commissioner, Keith Spicer, returned to the treasury." Hie govemment stalled the action by successfully maintaining in Supreme Court and in Appeal Court that Mr. Ttiorson had no status to un> dertake such an action and that he had not suffered any dantage not suffered by all other taxpayers as result of enactment of the legislation. In Ontario Supreme Court, Mr. Justice L. W. Houlden, validity law that involved the expenditure of public money "it would, in my view, lead to grave Inconvenience and public disorder." Mr. Laskin rejected Ibis. He and the other five c(Mi- curring justices said it would be strange and alarming If there was no way the courts could not decide on an alleged excess of l^slaUv« power. He said the impiurtiuit question is whether a question of constitutionality should be ‘immunized’’ from ludl^l review by saying an individual has no status to present tbe challenge. He said in Canada the question of whether lulslatioD Is constitutional has uways be<»i a valid subject for the courts. Environment ^umbrella^ advocated^ for coasts of Canada, United States Legal loophole may be pluggedGrieving mother Bettye Shirley, motlier of one of the mass slaying victims, sobs outside courtroom in Houston, Tex., where pre-trial hearing was held for Elmer Wayne Henley, Jr., charged in the slayings. Mrs. Shirley’s son, Marty Jones, was one of the victims. Shown behind Mrs. Shirley is Deborah Cobble Elliott, whose former husband, Charles Cobble, also was one of the victims. CALGARY (CP) - A legal loophole for speeding motorists, used to dismiss about 20 tickets in provincial court, may be closed if a crown'prosecutor can win an Alberta Supreme Court order to have the original case tried on its merits. Provincial judges F A. Thurgood and John Harvie have, at different times, dismissed the charges laid by the RCMP on the grounds they were duplicitous. The first case was dismissed a month ago after defence lawyer Sandy Park argued that the charging method used by RCMP left his client unable to plead “because he wasn't sure what he was charged with.” Tickets written by the police, argued Mr. Park, charged motorists under two sections of the Highway Traf fic Act- section 95 (1) whidi states that no person shall drive faster than the maximum shown by signs along the road; and section 196 which has sub-sections specifying the penalties relative to the speed over the limit at which the accujsed is alleged to have travelled. But section 519 of the Criminal Code does not permit the charging of separate offences in a single count. DISNEY VISITS DROP BURBANK, Calif, (AP) -Walt Disney Productions reports a drop in attendance at Iron H joth Disneyland and Walt Dis- of the company’s fiscal year. ney World for the first quarter Attendance at E>isneyland in Anaheim, Calif, slumped 13.8 per cent for the Christmas holiday period GIANT mam ON OUR FINEST POLYESTER CORD TIRES THIS WEEK ONLY E78 14[7351 BLACKWALL PREMIUM V SIZE BIackwau SALE psice WHITWAll SALE PRICE E78-U|735) SI 7 00 $ts 44 F78 14[775| 20.00 21 44 G78-14(82i| 22 00 23 44 H7S-14|8i5) — 26 44 G78-1 j(S2i| 22 00 Î3 44 H7B-15|85i) 26 44 l7B-)5 — 76 44 No cKorgfr for* tire mounting ling    (    * No trode-in required- DURABLE QUALITY STRONG DEPENDABLE RIDE ft FNAM OIL nLTtRf 50 MONTH Finejf Qualify filter, tpin-on or drop-in mode 1/1 Conada ■MlllOillCY TIRI CHAINS MILEAGE GUARANTEED OR 30 MOMTHS tv»ry HAUMASK lir,> CCJrriii u    gn.inrrinlpi agfllrtil rond htjíordí nnd workrnan ihiD WITHOUT LfMIT TO MONTHS OB MUES CUSTOM RATTERIES For mott Compact, Medium A Sfond-ord North American Cars. EVERY SNOW TIRE IN STOCK mod« <n Cono Ito Sfrap-on choini, one liie fît* oil. nod« in Cflnoda WIMDSmiLO \WASIIIII ANTi-mnu " fii 11**,* ■ .79 gol Pr*-fnix*d with toivenf lA C*n*4a cictionge Dry chorged for over tour yeort of depénd-oble high performance power No initaiia-tion charge.    12 votl^ ieries 24, 24f, 2IF only. Siiet For Mott North American Cart Luxury    38.75 12 volt »«rie» 27, 27F    *ilh exchange ORION nil SlATCO¥IR^ Chotc« «f 6 cftleurf lilabit in front, rear, or < bucket teaii. m Cena#* 1®" I While Stock** Loft Grectt Sovingt on Fiberglass Belted and 4 Ply Nylon Snow Tires BLACKWALIS • WHiTtWALlS COMPLETE BRAKE OVERHAUL 48H drum type Mo«r Norih American Con HEllrS WHAT WE DO ON AIL 4 WHEELS •    Irtitall premium broke linings * Returface drums •    Rebuild wheel cylinders • Replace broke hardware AND MORE • Bleed, fluih, i refill system * Inspect moiter cylinder • Rcpaeli eufer front wheel bearings OUARANTIID 30,000 MIL» Replacement linings no chorg* in cose of early wearout. Instollation charge eiifra. DEPMtniENT STORES A piviMm or rm ¡ rm woOLWotmt CO, lmhtidí Op«n Dally 9 a.m. to $ p.m. Thursday and Friday 9 a.m. to 9 p.m. We Retene the fttgm Te limit OwMtHlH COLIIQI tHOPPINO MALL 2021 M«ror M«9iMh Drivi IF YOU TAKE AWAY OUR LOW PRICES YOU'VE GOT A REGULAR DEPARTMENT STORE WASHINGTON - An environmental “umbrella” over both the West and East coasts of the United States and Canada is' proposed in a study drafted for the U.S. Council on Elnvironmental Quality. The umbrella would be set up by an international agreement covering all environmental aspects and problems on the coasts. It would enfold existing pro-als, such as the Canada-oil spill contingency agreement, and it would provide for joint development and control over recreation, conservation and sciwitific research. “This kind of agreement would luidoubtedly contribute to better over-all Canada-U.S. relations and would establish a handy format under which transborder problems along the coasts could be usefully addressed,” says the staff study for the council, an executive agency of the U.S. government responsible to the ^ite House. If the council accepts the proposal, it will be circulated among other government agencies and in Congress and submitted to Canadian officials for an opinion. Essentially tbe proposal is an extension of the idea of a West Coast recreation and conservation area—a sort of binational park—which was dreamed up by the Point Roberts board of Uie Intematipnal Joint Commission. ACTION PUT OFF However, the idea has been received without neat enthusiasm and tbe UC has put off action for at least another year. The council study regards the Point Roberts problem as primarily a "sticky” controversy over water supply which could be solved more easily at the local level. The council study is more concerned about long-range protection for the two coastal areas—Puget Sound and the Gulf islands on the west and the waterways borderii^ New Brunswick, Nova Scotia and Maine on the east. “Both areas share a common basic problem—the danger of oil spills," says the staff study. The proposal envisages an agreement by the two governments to undertake joint studies on a number of specific projects, some of which have already been proposed individually. First of all there would be a determination of which areas are most sensitive to environmental damage and where measures could be taken to enhance the environment. Then more specific fields of study would be followed, such as tidal research, weather conditions, effects on tbe oceans of pollutants iocluding hydrocarbons, biological surveys and investigation into tbe seabed.    . Among the proposais Is .establishment' of annual scholarships for scientific study on each coast. ' Other problems wliteh might be studied Include land use, population trends, waste disposal and recreational facilities, with resulting guidelines being drawn up for the use of local governments. Parks and recreational areas would be operated as compatible resources for use by citizens of both countries. It points out there Is a major fuzzy issue of international law with regard to liability for oil spills and suggests that Canada and the U.S. could work together “to break some new ground" in establishing legal responsibilities. At the moment the proposal, tentatively called “U-S.-Cana-dian agreement for the protection of environmental quality in the northwest and northeast coastal zones,” is still in rough draft stjwe and has not been approved ny the council. However, there have been discussions within tbe council, and backers of the idea are hopeful it will be taken up, with a possible target date of 1976 for implementation. Bar associations laud appointment of Laskin OrTAWA (CP) - The Supreme Court of Canada reached a new milestone with the appointment of Bora Laskin as its chief justice and the naming of Jean Beetz and Louis-PhiUppe de Grandpre as new Quebec justices, the president of the Canadian Bar Association said Tuesday. E. N. McKelvey of Toronto, speaking during ceremonies marking tbe opening of a new high court term and the first under Chief Justice Laskin, also noted that the court soon will have the added power of selecting the cases it will hear. “Under this combinatioti, the feeling of Canadians has heightened that this court will never be the same as it was in the past.” Mr. McKelvey declared. Justice Minister Otto Lang already has announced that cha^iges in the Supreme Court Act will be proposed so that the judges must be asked for leave to appeal all civil cases. Now all civil appeals involving 110,000 or more must automatically come before the high court. Mr. McKelvey said this change will allow the court “to look in depth Into great principles of law." About 50 persons gathered in the main courtroom to hear court registrar Francois Des Rivieres read the letters of patent appointing the new chief justice and two Quebec -judges. For the first time the new chief justice, dressed in ceremonial red robes with ermine trim, took his place as president of the nine-member court. PRAISED BY LANG Mr. Lang said one of the most important functions of a justice minister is the appointment of judges. He said Mr. Justice Beetz had distinguished himself as a law teacher and constitutional adviser to governments. Mr. Justice de Grandpre had proved himself as a trial lawyer and in his services to the Canadian Bar Association. Representatives from Quebec, the Atlantic and Western provinces joined Mr, Lang in praising the new appointments. ' Chief Justice Laskin referred to the speeches as a pleasant ritual, “We may not hear like words again so we relish them now,” he said with the smile. He noted it was the first time since 1876 when the Supreme Court was established that a new chief justice and new judges took their seats at a new session. Of the new judges, he said “each is superbly equipped with talent and ex^rlence." Mr. McKelvey said he agreed with the chief justice’s reported statements that the news media had failed to pay sufficient attention to the Supreme Court. He said the bar association had launched a public relations program to allay the fear and mistrust of Canadians who do not understand the legal system. The s?if>ciation also was of- High River man fined TORONTO (CP) - Daniel Kinger of High River, Alta,, and Robert Gayton Cassady of Toronto were fined more than $25,000 Tuesday for evading almost 136,000 in taxes owed between 1966 and 1972 from revenue arising from a company of which they are principle shareholders. Kinger was fined 110,426.06, the amount of tax he evaded, plus f2S for each of five years he did not report income from the company. Metropolitan Tank Cl«*ners Ltd., which operat'xt out of Cassady’s home His unreported income was 535,775 45. Cassady was fined |l5,ï6i.A&, the amount he evadeo, plus ^ for each of SIX years in which he suppressed an income totalling $43,390.90. The company was fined |I,-000 for evading $10,227.47 tax and $25 each on six counts of suppressirtg income totalling $85,953.90. The men were given six months to pay the fines. fering scholarships to allow journalists to attend a special one-year course at either Laval or Queen’s to get a proper background for reporting court news. U.S. senators question oil firms WASHINGTON (AP) -United States Senate leaders say they are likely to move by Wednesday to force a vote on emergency energy legislation stalled by a controversy over excess profits earned by the oil industry. A vote could come as early as today, Senate leaders said. Word of plans to head off an anticipated filibuster by Republicans and senators from oilproducing states came as Senate investigators questioned oil company executives on whether the energy crisis is real or contrived. Senator' Henry Jackson (Dem. Wash ), chairman of the Senate permanent investigations subcommittee, asked representatives of the seven leading oil firms Monday how shortages can exist when their own figures show fuel inventories running more than five per cent above last year’s levels Members of the committee of oil executives said that shortages also occurred last year, and attributed this year's increased levels to warmer-than-normal weather and public conservation efforts. Harry Bridges, president of Shell, predicted “acute shortfalls in the next few months in all products.” The oil executives told Jackson’s subcommittee that despite the recent high profit levels, oil industry profits are no higher than other industries. ;