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Lethbridge Herald Newspaper Archives

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Lethbridge Herald, The (Newspaper) - July 17, 1974, Lethbridge, Alberta 18-THE LETHBRIDGE July Court ruling 'victory for all women' claims divorced Alberta farm wife By JOE MA CALGARY It is not only a victory tor but a victory for all Canadian women in similar Barbara Ann Fiedler said Tuesday Mrs a Alta school teacher divorced three years has been awarded half interest in the farm she helped her former husband maintain during their 22-year marriage Mrs was awarded rights to 1JA sections of land near Alta where the couple lived during part of the time they were married They also lived in Alta and Calgary Mrs Fiedler teaches at 75 miles northwest of Calgary and lives in Calgary during the school vacations 'I am very pleased with the decision In my I contributed during the marriage and this contribu- tion has been recognized by the court The Fiedlers have two chil- dren both grown up and living on their own Mrs Fiedler said she and her former hus- band have not yet discussed the decision Hugh Mrs Fied- ler s says the decision handed down by Mr Justice W K Moore of the Alberta Supreme Court is significant in that it reaffirms women's property rights Mr Landerkin said Tues- day the Fiedler handed down July cleared legal ambiguity surrounding the controversial Murdoch case The ambiguity was also criticized by Mr Justice Moore in his written decision The Supreme Court of Can- in a majority decision last Oct upheld an Alberta court judgment that Irene Florence separated from her did not have property rights to their ranch at Alta NOT 'SUBSTANTIAL' The majority decision said Mrs Murdoch's contribution in labor consisted of no more than what would ordinarily be MAYFAIR VOGUE'S ANNUAL SUMMER SALE DRESS CLEARANCE Bright and perky dresses to carry you through the summer. All care-free fabrics. Sizes 8 to 20 and to GROUP 1 GROUP 2 .19M CLEARANCES from Mayfair's Boutique Long and lovely gowns in the prettiest floral prints and the softest sunniest shades of the season Sizes 8 to 20 and to 24 Vz CLEARANCE PRICED 95 COAT CLEARANCE Pantcoats and full-length sporty dressy knits and rainwear priced too low to resist Summer shades and blends Sizes 8 to 44 PANT COATS 49M FULL LENGTH COATS CLEARANCE OF PANT SUITS CO-ORDINATES For work or play Try them they go any- where Sizes 8 to 20 and 16VZ to 4995 MANY MORE UNADVERTISED SPECIALS THROUGHOUT THE BUYS BUYS BUYS Coats Dresses Pant Tops Baby Doll Pyjamas Sweaters Slims BUYS Angora Sweaters Hot Pants Cotton Dresses Long Dresses CLEARANCE TABLES Washable Pant Suits Dresses Mexican Imports Capes and Jackets Pant Coats Dress and Short Sets Formals Pant Suits Washable Dresses Slims Shorts and Bermuda Shorts T-Shirts Skirts Girdles Panty.Girdles f Playtex bras We are closed Wednesday afternoons. Open Thursday and Friday nights until MAYFAIR VOGUE expected of 4 ranch wife and that shp did not make a stantial to the property acquired by the Mur- dochs when they lived together. The Fiedler the first one of its kind in Alberta since the Murdoch signifi- cant in two Mr Landerkin said in an inter- view Murdoch case might have created the impression that the door was closed to women's claims to property rights as Mr Justice Moore each case will be considered on its own merits Mr Justice Moore has made a judgment on an ambiguous clause in the Di- vorce Act A new federal Divorce Act was passed in 1968 It contains a clause saying that women should apply for a lump sum or maintenance payments upon the granting of the decree nisi CAUSES 'ANGUISH' Mr Justice Moore said in his decision that this clause caused considerable amount of anguish to lawyers He said that before 1968 'it was clear that a spouse could apply within a reasonable time after the divorce for sup- port and some legal circles have interpreted the word upon to mean 'contem- poraneously with Mrs Fiedler and her former husband Herbert Alfred Fied- ler also were married in 1949 and divorced in July 1971 Mrs Fiedler did not initiate legal action for property rights until Janu ary 1973 'It is clear from her evidence that she did not un- derstand that she had any legal position whatsoever un- til after the hearing had taken place Mr Justice Moore adding that in such cases applications for support payments could be considered 'within a reasonable after the divorce Mr Justice Moore also said that the Supreme Court of Canada ruling on the Murdoch case was to a large extent based on the findings of the trial judge without clarifying the issues involved 'It has been suggested by some critics that Canadian jurists have been reluctant to adopt their historical role to mould the preferring to leavf the development of matrimonial law to the legislative arm of the Parlia- ment of he said Mr Justice Moore said Mr Fiedler in his evidence that Mrs Fiedler contributed the sum of money indicated in the amount of to the marriage and that she was further a good mother and a good wife during this period of time He said although Mrs Fiedler did not hold titles to the Fiedler holds in for himself and Mrs Fiedler all of the farm- ing lands acquired dui ing the period of time the parties were married to each other Dave MacNaughton lawyer for Mr said the deci- sion may be appealed to the appellate division of the Alberta Supreme Court Don't travel OTTAWA The ex- ternal affairs department said yesterday that tourists plan- ning to visit Cyprus should delay their trip until current political unrest on the island has subsidied No future plans Trudeaus walK of Press Building Mrs. T likes politics OTTAWA What Margaret Trudeau intends to do in the wake of her husband's election victory seems to be a mystery to the prime minister but she hinted Tuesday it may involve more politics 'I have no plans for my Mr Trudeau told a news conference It's quite possible she has plans for herself and be incautious to try and say what they are Mrs who campaigned vigorously on behalf of Liberal candidates in the July 8 election was not present when her husband made the comment After slipping from the conference room moments before vlr Trudeau was asked about her future she spoke lor icrself as reporters gathered around her outside the I m just busy setting up house right now she laughed But I really like politics As she and the prime minister waited to walk across down- .own Wellington Mrs Trudeau was asked if she would ike to be appointed to some official position Goodness she exclaimed I want to win on my own Daughter of James a former Liberal fisheries minister she plunged into the recent campaign on her own volition after staying off the hustings during the 1972 earn which saw the Liberals reduced to a minority in the Commons Mr Trudeau said he was grateful for her participation in last which returned his party to a majority but just as she made her own decision about play- ng a part in the it was up to his wife to decide what to tackle next Rainbow trout spawning area would be flooded WASHINGTON The single most important spawning for rainbow trout on the Skagit River system in British Columbia would be flooded if the Ross Dam in Washington State is an expert witness acknowledged Tuesday But the witness insisted that fish which normally spawn in the area might be move up- stream to other grounds to breed their young The testimony came as ad- ministrative law Judge Allen Lande opened the perhaps of public hearings by the United States federrl power commission At issue is an application by Seat- tle City Light to add feet to the height of its Ross flooding an additional acres of the scenic Skagit Valley in B C The project has been vigor- ously opposed by the current British Columbia with more measured opposi- tion by Ottawa It was originally approved 30 years ago and B C renewed the approval in 1967 but Canadian sentiment has since shifted against the plan Tuesday's testimony leatured hundreds of questions about the fine details of a massive three- volume study of fish move- ments on the Skagit River and in the reservoir behind the present dam E B Doran a McGiIl gradu- ate now working on a doctoral degree at Dalhousie Universi- ty in Halifax said the area to be flooded includes a section of river where about one-third of the river's rain- bow trout go to spawn 311 -5th Streets. 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