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Lethbridge Herald Newspaper Archives

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Lethbridge Herald, The (Newspaper) - November 4, 1970, Lethbridge, Alberta Wcdnoicluy, Hovomijor 1970 _ THE LETHBRIDGE IICRAlt) People Learn Laws In Question-Answer Sessio Jlore than 40 questions from Mic audience were dcall with Tuesday night by Ihe four pan- elists and chairman al the pub- lic forum, The1 People's Law, held in the Y a I c s Memorial I Centre. fore has Ihc right to phone until lime musl a detained person i Kate of tax on the taxable! What rights docs a pcr- he gels a No person be given a warrant of arrest? i portion after exemptions arc i son have in defending hini.self, deleted varies up to 50 per cent ihis family or his property? for taxable estates of A: lias the right in defending and over. [property lo use "reasonable can be held incommunicado. Until a person has been lie has the right lo let someone placed under arrest, he can A sampling of the questions i ill 30 days? know where he is. whom must a con- i tract of sale be registered wilh- anil answers: (JUKS'I'ION: Does an ar- A: office rcsfcd person have Ihe right to make a telephone call, and how many calls if no one at first? the central registry in The con- tract should be taken to the courthouse for registration. If will be forwarded lo Edmonton, photostated and returned to ANSWlill: Under the Bill of, the registrar, marked with Rights, a person is entitled to the registry stamp. lake oil just walk away, go At what level is an os- fale tax levied? At what rate? A: No estate tax payable does If a separation agreement is signed, what grounds are left for divorce? .Must a person noli Is there a law in Alberla i A: Persons arc bound by lira which automatically gives a laws of the country they ;irc in. What can be done about a i that amount necessary [wait three years? nirt order for maintenance, Must for defence or to remove A: As long as t coi after where the aggregate net value followed1' divorce is granted, to Jan intruder from the premises, ensure (he court's directions Q: Arc parents responsible the corrospon dent has committal any of the grounds for divorce, and the of the estate is less than No estate Lax on a gift between spouses. A gifl lo a child is exempt to an of plus SI ,000 for each year the for the debts of children who i agreement signal, the divorce i A: If maintenance is are over III but under 21 years action mav be taken immedi- counsel immediately, and there- 1 Within w'nal period child must live until he ofivears old. being paid, (he wife should lo the lamily court and make I A: Parents must pledge a cymplajnl. A summons irill he issued against the husband. is 25 Q: what (he maximum Country, Province, City Make Up Criminal Law I value a wife can charge lo her husband's credit account? credit for the necessities of life, regardless of whether chil- dren are living at home or away. (J: What is the normal fee A: Only for the necessilics j for (he completion of a will? of life, such as food and cloth-j A: Tar-in of the Lctbbridgc j Bar Association allows tor fee for afcly. When is bail refunded? A: As soon as the Lrial and related proceedings are com- pleted. Q: How can one enforce judgment under Ihe Debts Act? A: File the judgment with the court clerk and have an exccu- wife 50 per cent of her lius- When in Rome, you musl. do a.i band's estate, regardless of his i the Romans do. will? A: No. Q: can a lawyer defending a person he jusiifv knows to be guilty, whom he is able Lo free through skVI and manip- Ij: If a home is owned jointly j of for simple.......__ by a husband and wife, and j varies wilh Ihe lime spent in] 's Ihey decide lo separate, death? the wife leave? 0: Is a will, kept in a safety lion placed with the sheriff, a contract broken by Hy STAN1 KllUE'r llcrald Staff Writer passed by the federal govern- menf If a law has not been A: Neither parly is hound to deposit box, available immedi- ately after the owner's death? The box mav be entered Rules of conduct passed bypassed federally if is open to leave a home they both own trol act allowing the police to until the court orders so. enter your home, search it and Q: Is there any cost for the I by representatives of Ihe es- makc any necessary arrests. settling of an estate by the pub-i talc, a beneficiary or cuslodian A: There is a provision most contracts which is binding the heirs, successors or ex- ulalion of the law? A: A judge and jury decide Ihe guilt, not a lawyer. In Ihe Canadian adversary (rial sys-1 I loin, a defence counsel's role; is lo do the best be can, ethi- S m a 11 i dercnd llis Q: Can a buyer return an item after making a down pay-! taking a breathalyzer test, can menl and refusing to make any he have a lawyer fo advise him more payments? j whether to blow or nol lo blow? A: If the seller is willing to j A: The breathalyzer U'.sl is accept it. If not. the seller can mandatory, therefore a lawyer seize or sue. cannot advise a person not lo Q- How do Canadian laws blow. If the lawyer did so tal- Q: What part of an estate is exempt from income lax? A: The capital of an eslale, which is transferred, is exempt. The income from the estate while it is being administered is subject lo lax. Q: Arc there any doucr riejits on a property acquiicd after a couple separales? A: No rights if under a legal separation (be rights are waived. Q: If a person is faced wilh ecutors. apply lo a non-Canadian living vise, be coiil-.l be chai god with i being a parly to an illegal act. here? parliament in Ottawa, the legis- lature in Edmonton, or city council constitute criminal law. Parliament controls the crim- inal code, narcotics control act and (he food and drug act. The Alberla legislature governs the honor act and the highways act while city council passes by- laws to govern our actions. If a person is convicted of s criminal offence he is liable to the provincial government to Only [be can obtain a pass a law pertaining ID a par-! writ of assistance. licular offence. RELATED LAWS If an area of the law is close- ly related such as Ihe highway traffic act and laws under the criminal code pertaining lo highways, it's up to the Su-1 preme Court of Canada to de-1 cirie if the provincial govern- ment is exceeding its powers regarding jurisdiction of such In applying for bail, the do- gree of the character of charge and the person the a fine, probation or imprison- ment. 1 laws Canada is governed by the Criminal offences are classed considered. In setting bail a magistrate is supposed to con- sider the wealth of a person, A person can be released on his own recognizance, or cash bail. If no bail is. set a person must be brought before a mag- istrate within 24 hours of his British North American Act and the powers are divided between the federal and provincial gov- ernments. The bulk of Ihe laws arc Top Dancers To Perform In Gtv The Northern Native Danc- ers, first place winners m three categories at the annual Na- tive Music Festival in Edmon- ton, will present two shows in the city Nov. 1J. The Lethbridge friendship Centre is sponsoring a one-hour show at. the Lelhbridgc Provin- cial Jail for inmates and staff at noon and a one-hour show followed by an old-time square dance at the centre at 8 p.m. The Northern Native Danc- ers, who were formed into a singing and dancing group by Lethbridge native com-f worker Albert Lapatac three years ago, copped first place in the Duck, Reel of Eight and Drops of Brandy categories Oct. 17 nt the festival. One of the girls in the troupe won second place m the female vocalist category at Ihe same festival. Mr. Lapatac said the group was formed lo keep alive the traditional dances brought to North America from Europe, England and Ireland. as either indictable or summary conviction. If there is an area to choose, the prosecution has the right to decide which way it will proceed. Indictable or arrest, and then days after that. every eight Every person arrested has'onmenf.) the right to make a phone call and has the right to legal coun- sel. If a person can't afford a i lawyer he can apply for legal i aid at Ihe jail and a lawyer Ul omnium LVJ.I J victions determine which court will be assigned without charge, be tried in Lawyers fees depend on the seriousness of the crime, time involved in preparing a case, suminarv eon- offence whether it can be appealed and what the sentence will be. The majority of criminal of- fences are tried by summary conviction, which are heard by a local m. ?ist.rale. Sentences I for summary convictions are j not more than a fine or six months in jail or both. Indictable offences are more serious. Less serious indictable offences can be tried in magis- trate's court but the most ser- ions such as murder, rape and criminal negligence are only tried in Supreme Court: RIGHT TO DECIDE For less serious indictable of- fences a person has the right RAILROAD WORM the complexity of the defence and the reputation of the law- yer lie Iruslee of Alberta? lot flic bank and the A: Where the trustee is [be j moved, but nothing else until, administrator of an estate, fees j the consent of the estate-lax dc-; must be paid to solicitors the'pariment is obtained. trustee obtains and to Ihe frus-j Q: Can a woman get a di-; Ice also. ;vorce without mutual agree-, What is the difference be- j ment? How long does it take I i': tween capilal and non-capilal i for a divorce to be filed? I' murder? A: A woman can get divorce A: Capital murder is a crime [without mutual agreement. The j normal lime of filing in LeLb-; ;i bridge is six lo nine months, i j' Q: What is the status in Can-! 11 ada of marriages performed j between Canadian i f; citizens while they are in a for- j eign country? A: As long as the couple con- forms fo requirements of the! i' jurisdiction in which marriage was performed, the marriage is valid in Canada. j! Q: Can a will be questioned I when the witnesses are dead? i A: The handwriting may have i for which [he guilty person may receive capital p u n i s hmenl. that is, hanging. (Non capital murder automatically involves a lighter sentence, life impris- Q: Where services rather than goods are involved in a sale, how can one attempt re- possession? Can only sue for amount the services are agreed upon or are worth. Q: What becomes of an es- tate when no will is made A: If goes to the Universities Commission of Alberta. no known relatives are alive? to be proved. If validity of the is questioned as In capacity of the the the: Proper Explanation Needed For Person Making A Will Make your offer on any select used car specially marked on our lots! And enter to win a valuable prize AU UNITS ON lOT CLEARLY MARKED CHECK DAILY FOR NEW STOCKI to decide how he Election is very will be fried. important. It properly explained writ- ten. Although death, it can be cancelled or revoked at any time while the. testator is alive. The testator mav make determmes the method of trial. This way a lawyer will know whether his client will come before a judge or a magistrate. If a person elects trial by judge or judge and jury there will first be a preliminary trial before a magistrate who will decide if the has enough evidence to warrant 3 trial. It not he may dismiss the case. Maximum sentences for var- ious indictable offences range from capital punishment, 14, 10, five and two years imprison- ment. A person can be without a warrant if the resting officer has reasonable j mont together. Usually a will Since I In of a will around after his death to ex- testator, or maker, of the estate lo wife, the is not going to be wife may act as executor. The position becomes "more onerous" said Mr. Pntchard, plain what he means, said Fred Prilchard, a should be when trusls, gift funds, children and division of the estate are a will speaks from is not written in a legal de- scription but uses more nebu bus terms in order io refer to the residence. The Family Relief Act, in Al- berta refers to provisions which j involved. Then an executor j can be made lo a deceased per should be chosen for business S0n's family whei e there i no ability, age, a willingness to i or are not prop. devote the proper time and erly provided for ability to the estate. I proper maintenance and sup- The wisdom of appointing a port can be made to the widow, trust company is then appar-1 children under 19 years of age later will, physically destroy enf, he continued since the or ovel- 19 aj-e jor some the document or even declare trust company doesn't die, has revokes worded revoked. Marriage also i experienced personnel, and cer- a will unless if is tain services readily available, as lo include the I GUARDIANSHIP In the event of the death of forthcoming vows. An individual must be 21, oi- ls years if married, lo make a both parents, provision can be will. Two witnesses, neither of guardian for the care icsieci j wnom js goillg to from tro] of e ar- j the will, must sign the docu-1 The age of the guar probable grounds or sus- pects a person of breaking the The hectle larva, phrixolhrix, or sees doing so found in the grasslands from Mter an llas hem Costa Ilica. lo Argentina, is called the railroad worm be- cause of the spots of light on its body that look like the windows of a train. 300 SUNGLASSES to choose from AVAIIABLE IN YOUR RX made Lhe prosecution wants Lo obtain all the evidence it can. A magistrate must be satis- fied there is sufficient evidence before he will issue a warrant for arrest. A warrant or other specific authority must also be obtained from a magistrate to search a person's home. SPECIFIC AUTHORITY The term "specific authority" can come under the liquor con- trol act where an officer can search a car without a warrant or a of assistance can be by a lau-yer but a drawn up holograph reason unable to earn a liveh hood. This amount depends upon j the size of the estate and the standard o[ living the family has been accustomed to. made for the appointment of a j Mr. Pritchard also made a I and con- j brief mention of the Estate Tax Rebate Act where a rebate is J age of the guardian is a made of 7ii per cent on estate prime consideration especially j Lax attributable to Alberta prop-1 U LORNE FRANZ Salot Mqr. will completely in the handwrit- ing of the testator, is accept- able and does not require wit- nesses at all. EXECUTORS A will appoints executors who will carry out the wishes ot the deceased as expressed in the will, said Mr. Pntchard. Be- cause the duties of the execute can be extensive, this position should be relegated with con sideration and the individual se lected carefully. If the estate can be simph settled such as the paying 01 funeral expenses, estate taxes in the event of small children. "A will speaks from the date of advised Mr. Prilch- ard, "and property holdings only Ontario. Quebec and Brit- may vary, sometimes quite rap- j isli Columbia levy additional idly. For this reason an estate tax. erty. The slate taxes are levied bv the federal government and issued under Ihe narcotics con- j and turning over the balance RCJl 1971 RCA COLOR Jim Van Loo invJJes you lo view Ihe 1971 RCA Color TVs Fea- turing Accu-color the completely Automatic RCA for 1971. CHECK THESE FEATURES 26" Spanish Influence lowboy Model CCB 911 Instant Picture Voll Chassis Automatic Fine Tuning 5-year Service Protection Plan by our technicians. Limited supply of 1970 models. Clearing al fanlastic savings. Many models to choose from 15-inch 17-inch 19-inch 22-inch 25-inch and the All New Accu-color 26-inch Screen for 1971 BUY NOW and SAVE During our Clearance ACTIVE TV SERVICE Trades Taken. Terms Arranged. 3-Day Home Trial, OPEN 7 fo 9 P.M. THURSDAY and FRIDAY 1238 3rd AVE- s- PHONE 327-5020 Rural Industry j Meeting Nov. 6-8 A rural industrialization con-; and the problems of large Terence, sponsored by the Pro- j cities. llr. Loiighted will provide a Aiherta, will he held summary Saturday night Iroin night. Saturday and 7 lo 9 o'clock, morning at the Park The conference will conclude 1. Sunday morning with a plcn- ary session at 9 o'clock and provincial Conservative; suggestions for policy direc- tions at The public is invited to al sessions. gressive Conservative Associa-; lion of Friday Sunday Plaza Mofo- Hotel. Hie conference, lo be allend- cd by leader Peter Lougbeed and delegates from across the prov ince. will examine the case for i lend a balanced economic develop ment throughout Alberla. Registration and the welcom-, i ing reception will run 6-10 p.m. r IIIII Friday. Sessions start Saturday morn- ing ai 9 o'clock with a review of the federal government's area incenlivcs program. An address on the subject will be jivcn by James Duncan, form- er head of Ihe program in Al- i Travel and Convention Associ berla. I ation of Southern Alberla has MLA Doi; Gctly (P.C.-1 received word from Adelaide t Slrathcona West) will assess j Australia, that .he film Land of I. the present Alberla programs, j the Big Blue Sky was bcinq Discussion groups will be i shown lo various clubs which j formed at for studios inlo, arrnnge world wide tours. research and developmenl. in- "We're amused lo hear it was cenlives and financing, and delayed in delivery as if had r tourism. I-en held up for censoring." The film is also being clis-ii' Down Under Frank Smith, manager of the GAY FIEMING Assistant to Jafcj Mgr. TO ANY lETHBRIDGi MERCHANT OF YOUR CHOICE Drew ta bs mads Dec. 1st Choose the model of your choice, Fill eut Ihe entry form below bring it in fo any of the Fleming Motors, locations. Extra entry form! available on location N0 purchase necessary Is qualify Unit? Priced from up. Slock No, Model ffered (No Trade) Price difference Trade) Sales Rcpresentoiive Preferred Staff and (hoir immediate not Open Daily 'Til 9 p.m. Groups p.m. transportation, manpower and will conlinuc after for discussion on i problems, connected vclopmcnl. such with as pollution, industrial de- Iribulcd in Japan and European counlrie-s. COSTLY H.LNKSS Arthrilis and rheumatism cost Subjects for group discussion British industry Slofi million a at p.m. will be promotion, year in lost production, Ihe Ar- Ihe advantages and disadvan- thritis and Rheumatism Council j lagca rrf smaller communities, USED CAR DISPLAYS Cor. 20lh SI. and 3rd Avc. 5. Cor. 10th Si. and 3rd Avo. S. Cor. NEW CAR SHOWROOM AND SERVICE GARAGE 1st Ave. one! 7lh SI. ;