Lethbridge Herald, The (Newspaper) - July 8, 1972, Lethbridge, Alberta
4 THE IETHBRIDCE HERAID Saturday, July Dave Humphreys Rights and rights Individual rights must be weighed against the rights of. society. The right ot a driver, who has been drinking, to delay the taking of a breathalyzer test until he has consulted a lawyer lias to be seen in relation to the right of all those on the streets and roads (and may- be even in their homes and yards) who are menaced by that driver. When put that way, most people would very likely agree that the driver's 'right' is abrogated. The judges on Canada's Supreme Court appear to have ruled in favor the driver on strictly legal grounds rather than on a common- sense basis. Adherence to technical interpretation has increasingly made Ihe legal profession appear lo be playing a game in which the odds are against the upholding the in- tention laws. This certainly seems to be the case with regard to the breathalyzer law. By coincidence the ruling of the Canadian judges came at the time when a British committee of jurists and lawyers submitted a report, based on eight years of study, rec- ommending major criminal law changes that would remove some of a defendant's built-in advantages. "We disagree entirely with the idea that the defence have a sacred right to the benefit of anything in the jaw which may give them a chance acquittal, even on a technicality, however strong the case against the report said. This undoubtedly sounds alanniJig to all stout defenders of civil lib- erties. Yet granting that there is need for constant vigilance against erosion of rights, it is possible that the protection of the individual has gone too far. Surely when society is threatened and made to suffer, those guilty need to be apprehended and restrained. Thousands of people annually are injured and killed as a result of. drivers taking lo the road when they had impaired their judgment and competence through dnnking. To cope with this problem, legislation has been instituted and the breath- alyzer test adopted as a means of establishing guilt. It is about as ob- jective an instrument as could be conceived for determining impair- ment. But the ruling of the Supreme Court effectively reduces the useful- ness of the instrument since delays caused by contacting lawyers work to the advantage of the drinker impairment is reduced as time pass- es. U s e of the breathalyzer is, in a way, a protection of individual rights. It can support a person's con- tention that he has not been drink- ing or has not imbibed enough to be dangerous, against the charge of the policeman with a different impres- sion. There is the possibility that a test could be improperly administer- ed or the results of a test falsified, but the suspicion is overwhelming that those who want to contact a lawyer are guilty and are trying to weasle out. Potential victims of drinking driv- ers have the right to expect that ef- forts will be made to protect them. In its ruling, the Supreme Court has in effect, opted for the rights of in- dividuals over the rights of society. By focusing on technicalities the judiciary seems to be frustrating the intention of the legislature and through it, the will of the people. If it does not soon become more re- sponsive to the mood within society then the answer the British committee suggests the tighten- ing of'the law in favor of society. A different type of man Effects of the election of former trade minister Kakuei Tanaka as Japan's new prime minister on Jap- anese foreign and domestic policies will not be immediately apparent. Al- though ha comes from within IhB ranks of the ruling Liberal Democra- tic party, he is a different type of man from his predecessor. At 54 he is comparatively young to bold high office by Japanese standards. He rose to power by a different route than that of his predecessors, who travelled the bureaucratic highway. He is a successful parliamentarian, with a rags to riches background who has held the finance portfolio for three terms. Like other members of his party Mr. Tanaka wants to strengthen re- lations with the Soviet Union and the U.S., but one of his biggest aims is to establish diplomatic relations with China. This may be his most diffi- cult task. Mending the long standing distrust and fear of the Chinese for Japanese militarism will be an ardu- ous task. If he can puU it off, it will be a tremendous achievement in easing international tensions in the Far East. Domestically, Mr. Tanaka wants to raise living standards for the Jap- anese people through massive infus- ions of social development capital. This could go a long way in attract- ing future votes, and in helping to solve the serious balance of pay- ments problem now plaguing the Jap- anese economy. On the foreign in- vestment issue, the new prime mini- ster has not taken a clear position, but in view of his determination to firm up Japanese American friend- ship, it is expected that he will adopt a reasonable anti-isolationist atti- tude. All in all, Mr. Kanaka's election should be welcomed abroad. He is no radical, but a practical man of vast experience in business and in govern- ment, and furthermore was chosen by a handsome margin of his politi- cal colleagues. Weekend Meditation The source of national greatness TVO NATION has ever become great without the unity which comes from sense of national purpose. The Puritan Commonwealth under Oliver Cromwell, for example, believed with all its heart in a national destiny to become a New Jerusa- lem, a centre and source of liberty. For the first time England, Scotland, Wales, and, to some extent, Ireland, thought in terms of Great Britain and British. The French nation drew its inspiration from a crusade to impart "liberty, equality, and fraternity" to all Europe. This was Na- poleon's battle-cry. Washington described the United States as "a capacious asylum for the poor and persecuted of the and Jefferson in his first message lo Con- gress likewise said the new nation WM "an asylum for oppressed humanity" ar.d a refuge for "unhappy fugitives from dis- tress." From ancient to modem times a sense of national purpose has been the es- sential creative factor in the life of a na- tion. It Is difficult to discern a sense of na- tional purpose In Canada. Canadians an unsettled to tho very roots of their being. They arc divided hopelessly into Bcparnto regions. There are no precedents to guide us, no solutions anil no wisdom not In- tended for a much different set of national circumstances and conditions. Tho nation ho.i no and any idealism It pos- sessed has been dcatn-ycr) the corrosion of greed, cyniciam, and deceit that followed the last world wnr. J.i nn ape of technology and astonishing socinl nrganlznllon, men have never felt lives so incoherent nral without objects of ,-illcs'ianco or wor- ship which would, givq unity and order, t Education like everything else has be- come so secularized that Walter Lipp- mann describes it as Education without Culture. A parable was found by a London newspaper in the cartoon of an ostrich with the epitaph beneath. "After a diet of a bottle stopper, a can opener, a door knob, some coins and four nails, an ostrich dies in a London zoo. The lack of proteins will kill anyone, in time." So the comment runs that studenis were fed a curriculum of door knobs construction; bottle stop- pers chemistry: can openers diete- tics; nails engineering: and coins economics. Such a diet without spiritual proteins can indeed be destructive. This was the conclusion of the magnificent Dr. Temple In The Hope of a New World, when he asks what is the matter with the old world and wherein lie the roots of disorder and catastrophe. Han has forgotten God and derided the laws of God. Undoubtedly science has lha power to enrich and liberate man's life, but the limitations and indeed failure of science have become nil too apparent to any intelligent observer. A man has a sense of purpose nnrt meaning in life just so far as he. believes in and trusts God. A text for nalJonnl holidays should well be, "Seek you first the Kingdom of God and His righteousness and all thcso things will be added unto you." PRAYER: 0 God, increase In us n sense of humility, and responsibility to Thee and for our fcllowmnn. r.s.it. New solutions considered in Ireland Extremists tire us- usually fairly simple people. Sometimes their simplistic so- lutions are more realistic than the complex proposals o[ moro moderate men. Thus, the Vanguard loyalists m the north see little point in stating the obvious by holding a plebiscite about whether the northern population wishes to remain within the United King- dom. On this side of the border, the IRA say Protestants would form the majority in the new provincial Parliament they en- visage. There may not be as many solutions to the Irish question as there are Irishmen. But the common claim that the Irish political parties are "as is also misleading All they are "as one" about is the concept of a new country more or less free of British constitutional control. Outside that sweeping agreement, there are various views. More will be heard about them as the Irish Parlia- ment's committee on obstacles to unity gets down to brass tacks. In an interview, committee member Paddy Harte of the opposition Fine Gail party said, "Ireland belongs to the Irish, not to Hie Dublin Parliament." He believed the whole island could be united under two Par- liaments, one in what is now Northern Ireland. Few, If any, Dublin parlia- mentarians know Northern Ire- land better than Paddy Harte. His constituency of North Done- gal borders the province. He has travelled extensively and talked to people. He is known to Protestant ministers and Catholic politicians in the north with equal respect. He has helped to organize conferences of people from both sides In the north "to spend the weekend together away from the tension of their own environment." The confer- ence reports are like Inventor- ies of the problems, fears and hopes of the people about their lives. This is the kind of work that has been acknowledged in Mr. Hartc's appointment to the Dublin all-party committee. He is one of nine members. He had been preaching, admittedly without much success, the Idea of honorable compromise. The republic had never recognized the Unionist's right to govern himself and a part of the coun- try. The Unionist had never acknowledged the republic's desire for union. In return for their own Parliament even a British connection the Un- ionist's would keep open the door to unity. The Irlsnncss of the north would be expressed more explicitly than it has been. Mr. Harte thought a new party system was already ev- olving in the province and many Unionists were fed up with the calibre of their own leadership, always sectional, never national. "If someone can show me a shorter road to reunification, I'll listen." The IRA have dug out their old plan that goes Mr. Harto one step farther in It; brand of onf trip? With font ontf Inflation tht wqy t ht) t Kt is how we hare it Orel" t 1WJ IT H1A, Inc. and the em el tin bottom represents those wfta that thi iritem it mt rtiponirra fo thtir ntttfj.'" federalism, with four regional governments, of which a nino- county Ulster would be one. Unlike Mr. Harte, the IRA Is totally uncompromising about the British connection. Yet with chilly logic a few days after shooting and bombing them, it recognized Unionists will not only continue to exist but will run some form of government. It would be an Irish govern- ment, subordinate to Dublin, making it totally unacceptable. Unionists might at least talk about Mr. Harte's proposal. The official government at- t i t u d e is characteristically vague. The "bible" is an article by Prime Minister John Lynch in the U.S. periodical Foreign Affairs. He writes about a to- tally new constitution and a new Ii-eland, both of which would be shaped by all Irishmen, north and ,-outh. While Mr. Lynch doesn't say so, government preferences are for a unitary state. There is no faith In a re- forming Unionism. Giving back power to Unionists is the great unthinkable. The Unionist is a spoilt child. All he would have in Mr. Lynch's new Ireland, one is quietly told, is the right to elect his own members to Parliament. But don't forget one is quickly reminded, a mil- lion Unionists would have a strong base and a powerful voice in the New Ireland. With Northern Ireland still passing from crisis to crisis, always at the edgo of ths abyss, discussion about long- range constitutional arrange- ments tends to be absurdly academic, though perhaps not in a broad historical perspec- tive. In fairness, it should realized that the Dublin govern- ment put forward no more than Mr. Lynch's basic points. Only the IRA has been boldly forth- coming. Nevertheless, these are the considerations that more and more are exercising many minds. The British initia- tive, implying change in the established constitution, en- couraged them. And they will continue unless Britain once again buries them, (Herald London Bureau) Maurice Western Indians and the pipeline: a debt to be faced QTTAWA The new guide lines for Mackenzie pipe- line constructiin announced by the federal government imply that cost calculations at this stage are academic exercises without bases in reality. Those who indulge in them are in the position of a man who at- tempts lo estimate the cost of a new house while ignoring value of the land. Jean Chretien, to his credit, has announced that the govern- ment will seek to negotiate a land settlement with Indian bands covered by Treaties 8 and 11. The area in question includes the southeast Yukon and a vast section of the Northwest Territories stretch- ing roughly from the western edge of the delta to the line of the Coppermine River, extend- ed In a southwest direction past Great Slave Lake to the 60th parallel. In addition, Treaty No. 8 covers other parts of the three western provinces with extensions north1. An earlier guideline of Au- gust 1970, now reaffirmed, states that "any decisions made concerning northern pipe- lines will be without prejudice to Indian land claims and Treaty rights." The present difficulties would not have arisen if governments, early in this century, had been moved by any sense of urgency about Indian business. Plainly they were not. They recognized a duty of extinguishing the In- dian title to land but, having obtained the signatures (more precisely the marks) of chiefs and headmen and having pub- lished the required orders-in- council, they then lost interest in the subject. Treaty No. 8 was concluded in 1899, Treaty No. II in 1921 but no land settle- ment has been secured to the present day. It is commonly said fand Is currently being said) that the Indians showed no interest in selecting lands as provided by treaty. There is, of course, a high probabilily lhat in the early years they had little un- derstanding of the treaty pro- visions; had it hecn otherwise, Ihcy woulrl Bcnrecly have nc- cepted such one-sided agree- ments. In nny case there was rot the incentive lhat enisled in the south where land fit for agriculture was available. As reported by tho commissioner who negotiated Treaty 11, most Indian questions then dcnlt with two mntlcr.s: hunting rights nml linbillty for mili- Iniy service. Nothing much is laid, bow- ever, about a very difficult point. The language of Treaty 11 places the onus for effecting a land settlement squarely on the Crown. "And His Majesty the King hereby agrees and undertakes to lay aside re- serves for each band, the same not to exceed in all one square mile for each family of five, or in that proportion for larger or smaller families." There is no ambiguity here. The Crown so- lemnly gave an undertaking which it has not fulfilled in 51 years. Because they did nol assume an initiative, which was not theirs, the position of the In- dians has changed. The lands now have great value since they are required for an enter- prise involving billions of in- vestment money. What a settle- ment will cost in present cir- cumstances, no one can say. But the Indians have observed with interest what has happen- ed in neighboring Alaska and their present expectations pre- sumably go far beyond any no- tions of compensation which may have been entertained by their fathers. There are two other compli- cating factors. The first is that the treaty (No. 11) professed Letter to the editor to deal with "the Slave, Dogrib, Loucheux, Hare and other In- dians inhabiting the district hereinafter defined and de- requiring them to "cede, release, surrender and yield up all their rights, titles and privileges whatso- ever to the lands included." In fact, through Ignorance, lha Crown failed to deal with an important group of "other In- dians." Ethnographically, the Eski- mos may be a race apart. Legally (and this is all-impor- the Supreme Court has declared them to be Indians. Again there was no ambiguity. The Court was asked the di- rect question and said yes. It would thus be impossibly discriminatory to rule the Eski- mos out of a land settlement. (Many of them are in areas considered particularly choice by the oil Secondly, the guidelines now issued concern "the general routing of pipeline 'corridors' and application for pipeline permits across the northern portion of the Yukon Territory and through the Mackenzie Val- ley The embarrassing fact Is that the Indians of the northern Yukon in 1921 were Not supernatural beings In precisely the situation of those within the boundaries of Treaty No. 11 but the govern- ment, not being remarkably vigilant in those days, forgot to approach them. They have gone for all this time without the treaty moneys, without the silver medals, the "suitable flags" and diverse other consid- erations of which the largest is the land. The government is not un- aware of these difficulties. Mr. Chretien, for example, has an- nounced a grant of to Inuit Tapirisat of Canada to re- search "questirjns of concern to Eskimo people, including legal rights and moral claims to the lands and waters of the north." This is also, of course, an indication that awareaes: extends to the Eskimos. The guidelines are in many ways enlightened. Mr. Chretien has always attached great im- portance to the provision of employment for native people and last week's statement re- flects this concern. There is also special mention of the hunting, trapping and fishing interests of the Old Crow In- dians and an assurance that "very strict stipulations" would be applied to any pipeline route through their area. Such provisions, however, throw little light on the prob- lem of cost. The government is confident that an application will come forward before long, and it is to be expected that the consortium of companies, when it lakes shape, will be able to estimate physical costs reason- ably well, taking into consider- ation the guidelines which havs been developed. There is noth- ing in (he treaties which would then prevent a start being made since it Is specifically provided that the government may appropriate reserve lands for "public works, buildings, railways or roads of whatso- ever nature." This is followed immediately, however, by a reference to "due compensa- which appears to be very much on Mr. Chretien's mind. What cannot be calculated, however, in the new circum- stances and in advance ol ne- gotiations, is the land price that will now have to be paid for the lethargy of earlier govern- ments. This is a large debt of society, which has been inter- mittently acknowledged but generally ignored over the years while government has enormously expanded its ex- penditures in other areas. EuC there was never any possibility that it would go away and it will have to be faced now that the government is intent on de- veloping the north through pipelines and other corridors crossing treaty and non-treaty areas. (Herald Oltawa Bureau) The letter by Mr. Art Matson, appearing In Ihe Herald on June 22nd, and apparently re- ferring to a letter by a Mr. Fearn, which I did not see, aroused my curiosity. The author of the book, Tha Chariots of the Gods, and the TV program that followed, I am sure never intended to, or even suggested that the people that had, supposedly, come lo earth in the distant past, wera supernatural beings, but rather, just the same kind of adven- turous men on an exploration trip as those tho U.S. scnl to the moon to Investigate the moon's composition, ils terrain end ll.i climate, what there Li of it, If any. It would seem that some readers, or viewers of tho TV show, havo misinterpreted tho author') meaning. I doubt It very many Intelligent and ed- ucated people of enlighten- ed century really in supernatural Iwings or phen- omena from outer space, hcnv- m, or, inywtxn else, or all myths and superstitions that have drifted doira through the centuries of time, and implant- ed from parent to child through the results of so-called culture. Early man, many thousands of years ego, naturally, would look upon these human beings from some distant planet as gods. As I understand it, this is the idea that the author of the book Intended (o convey, not that these foreigners from space were supernatural be- ings. We must not Iw so conceited us to think tlrat wo have the only planet In the universe that lips intelligent beings on It; and it is quite possible, and Indeed, logical, to believe that there may be literally billions upon of other plnncln In tho universe that hnvo much older, more mature, nod more ad- vanced technologies than here on the planet cnrlh havt yet nUaincd. 11. S. JOHNSTON Lctlihrldgo. Looking backward Through tlie Herald 1922 Ty Cobb today Is making his bid for the batting leadersliip of the American League. 1032 Joe E. Brown and Ginger Rogers are in the movie "The Tenderfoot" playing to- day at the Capital theatre. 1912 Dairy farmers deliv- ering churning cream to Leth- bridge dairies are now receiv- ing the government bonus ol six cents per pound. 1052 The Lelhbridge Jun- ior Band under the direction of Eand-maslcr Frank Hosek, look second place last Monday in tlie Calgary Stampede pa- rade. They nlso won a prize of The Lethbridge Herald 504 7lh St. S., Lclhbridgc, Albcrla LETHBRIDGE HERALD 10. LTD., Proprietors and Publisheri Published 1905-19H, by Hon. W. A. BUCHANAN Sicona Clan Mill Registration No. 0011 Member of Canadian Presi and Ihe CanndlRn tally Nrrwspsper Alloclallon and Audi? Bureau ol Clrculallonl CLEO W. MOWERS, Editor and Publisher THOMAS H. ADAMS, General Manager CON PILLING WILLIAM HAY Maruglnn fdllor Aiioclnlo Etlilnr ROY F MILES DOUGLAS K. WAI.KEH. Advertising Manager Editorial Paoe tdltcr THE HERALD THE SOUTH"