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Lethbridge Herald Newspaper Archives

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Lethbridge Herald, The (Newspaper) - June 13, 1974, Lethbridge, Alberta 32 THE LETH8RIDGE HERALD Thursday, June 13, 1974 is! Interference with lands said illegal MONTREAL (CT) Any interference with lands in northwestern Quebec is technically a "trespass" and is illegal because of property rights held by the native people in the area, the Quebec- Court of Appeal was told Wednesday. James 6'Heilly. lawyer for the Cree Indians'and Inuits in the James Bay area, told an appeal hearing on an interlocutory injunction that the native people must protect themselves against intrusion by third parties, including the Quebec government and its "creatures." Mr. O'Heilly was arguing in favor of an injunction which the James Bay Development Corp. iJBDC) is appealing before a five-judge panel. The injunction, granted Nov. 15 by Mr. Justice Albert Malout of Quebec Superior Court on behalf of the native people, was suspended Nov. 22 by the Court of Appeal until a decision is rendered on the JBDC appeal. The injunction halted the billion James Bay hydroelectric project for a week and the JBIJC lawyers said in their arguments that further delays, should an injunction be granted, would cost millions. Mr. O'Reilly contested the JBDC contention that the native people in area have no aboriginal rights to the territory, a part of Rupert's Land, which was ceded to Quebec in 1912 under the Quebec Boundaries Ex- tension Act. lie said various Canadian legislation and Supreme Court ol Canada jurisprudence show that the Indians and Inuits can claim title to the land. "No iota of proof was pre- sented at the initial hearing for the injunction he said. Prince Igor has no taste. Prince Igor is vodka. Pure vodka. without a flicker of taste or color or scent. A prince of a vodka. Have the Prince over tonight. from Thomas Adams Distillers Ltd... .we still care about quality. Cheers for U.S. President Nixon stands in open car next to Egyptian President Anwar Sadat Wednesday as motorcade takes him from Cairo airport to Kubbah Palace, his residence in the Egyptian capital. Police evidence law challenged in judgment OTTAWA iCP) Jus- tice Bora Laskin said today that any evidence gathered by police as the result of denying any rights under the Bill of Rights should not be admissible in courts. The chief justice, rendering a minority judgment in a drinking-driver appeal, described the Bill of Rights as "a quasi-constitutional instrument" and said the courts must guard against any infringement of it by ex- cluding evidence that is pro- duced through a violation of a person's rights guaranteed un- der the bill. However, the majority of the Supreme Court rejected the thinking of the chief justice in upholding a conviction of impaired driving against Thomas Arthur Hogan of Dartmouth. N.S. The majority said the com- mon law principle on illegally- obtained evidence remains the law in Canada. That principle states such evidence can be in- troduced in courts provided it is relevant and only at the dis- cretion of the trial judge. The evidence was that Hogan was stopped by police early in ihe morning of June 3. 1972. and asked to go to the Dartmouth police station for a breath test. REQUEST DENIED On the way he asked his girl- friend to call his lawyer. At ihe station and just before he took ihe test, he heard his lawyer's voice outside the room. But his request to consult his lawyer before taking the test was denied by police. Mr. Justice Roland Ritchie. writing the majority reasons upholding the conviction, said he had no doubt that police made a legal demand for a brcaih test and that the fact that Hogan could have refused to take ihe test until he spoke to his lawyer did not mean the iest was obtained by illegal means or trickery. The evi- dence also was relevant since li led to Hogan's conviction. "Kven if this evidence had been improperly or illegally Ministers shifted in Saskatchewan RKGJNA Premier Allan Blakt-ney Wednesday announced three shifts in cabinet responsibilities, inchidine appointment of Labor Minister Gordon Snvder as deputy chairman nf ihf board of Saskatchewan Power r-orp The premier told reporters that because ol coming "major derisions" involving SIT'he wanted two ministers on the board Industry Minister Kim Thorson is alreadv on the board In another change. Mr Snvder relinquishes responsibility for supervising ihe water supplv board. function assumed by Ted Ro-AeTTTiar; minister for northern Saskatchewan obtained, there was therefore no grounds for excluding it at common law." said Judge Ritchie. Judge Ritchie rejected the chief justice's thinking, saying it was based on acceptance of American cases in which the rule was to throw- out evidence where there was a violation of the rights under the American Constitution. He said the British North America Act. considered the Canadian counterpart of the American Constitution, con- tained no provision to make a similar finding. "I cannot agree that where there has been a breach of one of the provisions of the Cana- dian Bill of Rights, it justifies the adoption of the rule of absolute exclusion on the American model which is in derogation of the common law rule long accepted in this country." said Judge Ritchie. NOTES EARLIER CASE Chief Justice Laskin noted that in an earlier case the Su- preme Court ruled that a driver who refused to take the breath test until he consulted his lawyer should be acquitted of an impaired charge. "The question that arises, therefore, is whether the vindication of this right do consult a lawyer) should depend only on the fortitude or resoluteness of an accused so as to give rise to a similar situation, or whether there is not also an available sanction of a ruling of inadmissibility where ihe police authorities are able to overcome an accused's resistance to a breaihahxer tesl without prior access to counsel, said the chief justice. Nothing short of this would give reasonable assurance ol respect of an individual's right to counsel by police authorities whose duty to enforce the law goes hand in hand %vitn a duty to obey it He also argued that the American rule of not admitting such evidence was .is much a creation of the courts and not dictated by the constitution A n d Mr B w e r m a n" s responsibility for the Human Resources Development Acenrv is transferred to Klriueaii'in Minister Gordon Mar-M'irchv. Mr Rlnkeney denied that the last change was related reported conflicts between personnel nf department and acency. or that it was related to recent rontroversv over a crant which the agency was to pay the Mdis Society oi Saskatchewan Mr Klakenry said the reason -for the transfer was "purely geographic" ;he afenrv operated pnmsrilv in the south while Mr B o f r rn "A rj' p r i IT, e responsibility was the north. Bless my soles! A little fancy footwork to liven up your beat. a_37 R 14490. Toe-tempting shag. So extravag- antly beautiful you'll be tempted to shed your shoes too! Delicate texturing and shaded effects give it a lush, high-fashion appeal. But its beauty goes deeper than the pile. Because it's 100% nylon, it's got the muscle to withstand the heaviest traffic. Most spills wipe up easily with a damp cloth. In 13 colours. 12' widths. Save S30 9x12' size. Reg. Save on 40 sq. yds. sq. yd. Reg. Charge it on your all- purpose account. Call our floor fashion consultant now. Ar you work wilh a professional rijfM .n cmvn home See samples, gel aclvce Iree estimate 31 r'O obligation Simpsons-Sears Ltd. Store Hours: Open Daily a.m. to 5.30 p.m. Thursday and Friday a.m. lo p.m. Village Mall. Telephone 328-9231 ;