Winnipeg Free Press Newspaper Archives Dec 22 1970, Page 21

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Winnipeg Free Press (Newspaper) - December 22, 1970, Winnipeg, ManitobaPrinted end published Dally except sunday by the Winnipeg free Preti company limited. 300 Carlton Street Winnipeg Manitoba. R. S. Maione publisher and editor in chief Peter Mclintock Maurice Western executive editor Ottawa editor r. H. Shelford general manager Winnipeg free press Western National newspaper Winnipeg tuesday december pages 21-42 Freedom of Trade Liberty of religion Equality of civil rights a polish Winter almost exactly a year ago observers of the polish scene were writing about the closing Days of or Gomulka s it has taken another 12 months before those who for almost two years had been jockeying for Power at last got rid of the dour communist doctrinaire who came to Power in 1956 on the understanding that he would Lead Poland away from stalinism and restore a degree of political and literary Freedom and human dig nity to his country. Instead or. Gomulka imprisoned by Stalin for ten Long years became almost More stalinist than his predecessors. He has now been replaced by a mixed team that seems to have Little in common other than their lust for Power. Edward Gierek who assumes the leadership has been known As a pragmatic Man and a liberalized and represents the White Hopes of the younger technocrats. But the most powerful portfolio that of internal Secu Rity and army goes to general Mieczyslaw Moczar the hardest of the hardliners. Gen. Moczar was suspect in Moscow because despite his dogmatic communism and his fierce anti semitism he also exhibited Strong traits of polish nationalism and at one time referred to the soviet troops that had liberated Poland As armies in foreign no wonder then that his first act following the ousting of or. Gomulka was to reassure the soviet Union that there will be no weakening of the close links Between the two countries and parties. That the statement was made by Gen. Moczar rather than the official Leader or. Gierek leaves a number of questions unanswered. Is or. Gierek merely a sop to the dissatisfied workers and is Gen. Moczar the True Power behind the scenes moreover the rapidity with which or. Gomulka was ousted although he was supposed to stay on until the polish communist party Congress of 1972, lends new support to last week s speculation in the British press that the riots were deliberately fomented to get rid of or. Gomulka. Gen. Moczar had no More Trumps in his hand. The anti semitic ploy has been exhausted the old jewish communists who had largely come from mos cow were fired last year and there Are very few jews left in Poland out of the Post War survivors of Hitler s final nationalism is still a Strong card but with the soviet Union tightening up on her satellites it is a difficult card to play. The poles of All political hues had been infuriated when they read in the official Bonn version of the cow Bonn treaty a paragraph which had been carefully omitted from the version published in Moscow that All treaties to be negotiated Between Bonn and Moscow s european satellites will be More or less appendices to the master Bonn Moscow pact. The poles who hoped to Allevi ate their economic distress through credits and help from West Germany and who at last received West German recognition of the Oder Neisse Borders now have to wait for Moscow to make concessions in West Berlin before their treaty is ratified by the Bonn parliament. The Dis Content Moscow s Cavalier treatment of Iti obstacles to Youthful rehabilitation Poronto the juvenile j. Court movement in t h i s country can be traced Back to the Ontario children s Protection act of 1893, which provided special procedures for children who violated provincial statutes. It did not of course cover the criminal code or other Federal Laws a defect which parliament remedied in 1894 by passing an act respecting the arrest trial and imprisonment of Youthful offenders the main provisions of which were that children under 16 were to be tried in private and detained separately from adults prior to their trial. In 1899, the states of Illi Nois and Colorado enacted landmark Laws in that they embodied for the first time i believe the principle that of fences committed by children should not be governed by the criminal Law but should be regarded As delinquencies requiring their own set of rules procedures and treat ment. This pioneering legis lation had great influence everywhere including the Ca Nadian juvenile delinquents act of 1908. In the United states How by Harold Creer new Federal legislation to replace the juvenile delinquents act cannot answer the question of which level of govern ment should be responsible for the Law and its implement Tion. Ever the individual states have constitutional authority Over both criminal and Wel fare legislation. It was there fore a relatively easy matter to Stop treating children who break the Law As criminals and to Start treating them As persons in need of help and if Britain joins the common Market Canada not without bargaining Power Warsaw allies could not Gomulka s shaky position. But further weaken or. The party and thus the country is now in the hands of some Young people aged 35 to 45, who have come up in the ranks through careerism opportunism intellectual primitive Ness and political ruthlessness. They Are attracted to Gen. Moczar who is both More colourful and More intelligent than Wladyslaw Gomulka. Writing in August 1969, Alicja Lisiecka a former prominent polish literary critic who last year defected to Britain said that once the new team has got rid of or. Gomulka they will stay in the Saddle for no less than a decade. This is a minimal period for another process of internal Politico ideological differentiation to set in and for the new Power elite to face in its turn the emergence of a new it is Lenin s legacy to communism that there is no or Derly transmission of Power. Opposition does not exist and has been replaced by cabals and Nighti of Long knives knives that Are sometime symbolical and sometime Only too real. In Poland it has now required uncounted dead and wounded in Street rioting to pave the Way for a new team bullets rather than ballots. Whether or not the riots were stage managed it is interesting to note that As with the riots that put or. Gomulka in Power in j56, they began in the former Ger Man territories seized by Poland at the end of the War. Poznan in 1956, Gdansk and Szczecin in 1970. Many of the people in these territories Are immigrants from other parts of Poland. The rootless Ness of transplanted populations and their propensity to explode at the first Jolt is something that May plague Europe As much As it has been plaguing the United states in the new Northern Ghet tos. A. D. P. Heeney Canada lost a valued Public servant on sunday in the death of Arnold d. P. Heeney at the age of 68. Following a career As a lawyer and As a lecturer at Mcgill University or. Heeney entered the Public service fam the Hotow sea sted out for years hath Steed on Dusty shelves when held against the ear proclaims its Stormy Parent and we hear the faint far Murar of Ike As Secretary to prime min ister Mackenzie King. His later posts were to include two years As Canadian ambassador to nato two Yean As chairman of the civil ser vice commission two Tours of duty As Canada s Ambas Sador in Washington and finally his appointment to the International joint commis Sion of which he was chair Man of the Canadian Section. It was in no Small Way thanks to or. Heeney s quiet diplomacy that Canadian ils. Relations were As Ami Cable As they were during some in veils Ani Wear re Toms Ani pasts i mpg Pace Art delicate and Touchy he was co author merchant to Canada of Che report on Canadian american relations i periods with which warned Canada not to critic be the lies. On Fenaes in i in my i m a Stote of Canada s a Nwart Ifert Totev i _ c9hv9y Vic w tit Phe Hague if Only 1 external affairs Mit Chell Sharp had been Conten with his role As statesman during his european visit his message of free Trade might have been better projected. But he insisted on playing the worried Salesman As Well. Now this is an exacting role to play when you have just sold someone the euro Pean common Market million in exports consider ably More than Hie has sold you during the year 1969. The eco commission estimated a Trade surplus of million in Canada s favor. Gatt put it at million. Despite the great discrepancy there is no argument that Canada is run Ning a healthy surplus with the eco. Nor is u doubted thai the value of Canadian agricultural exports Rose by million to million during 1969. Here in Holland Canadian Trade officials report that the a pegging of the Dollar in june raised the Cost of Cana Dian exports to Holland by at least five per cent with no apparent damage to sales. Exports to the Netherlands Rose by 60 per cent during the first nine months of this year compared to the same period last year. Exports have been climbing steadily giving Canada substantial surpluses in recent years. Into this booming Atmo sphere came Salesman Sharp making two protests. In one. Dealing with expansion of the eco he said. I do suggest that the enlarge ment should not be and need not be achieved at the expense of countries such As in the other dealing with world Trade he stood much of the time on the principle of liberalization. But this was not possible without belying the reason for tit stand. On one occasion he said we stand to lose perhaps More than country from . Protectionism and from retaliation by others. We could be left with the Choice by Dave Humphreys Between moving totally into the embrace of the . Or out into the one disadvantage of or Sharp s approach was that in both cases he was foreseeing the future which he made a Point of calling so unforeseeable in Brussels refer ring to nato. Certainly the future of Canadian Trade with the eco. Is difficult now to calculate quite apart from the political uncertainties. The spectre of protectionism is not itself yet fact but fear. Against Canadian fear the eco is Able to look at the past and the present and with the help of Canada s own Trade officials paint quite a Rosy picture and ask what All the fuss is about. Does or. Sharp really expect the eco enlargement to be at no expense to Canada if so. Why is Trade minister Jean Luc Pepin Tell ing the commons that there is no Prospect of any major accommodation of Canadian Trade interests in the Short term and that exports to Bri Tain will be subject to the levies and tariffs of the eco. It All depends of course on what is meant by sex in the Short term tween 65 and 70 per cent of Canadian exports to Bri Ain face higher tariffs or the Oss of Commonwealth pre frences. While Canada loses the Commonwealth advantages in Britain it will also Ace tougher Competition As member countries of the eco sell goods in the British Market duty free. In worrying at once about enlargement and protectionism or. Sharp is worry ing about what Many euro Pean free traders see As the cure for the disease. One of the main reasons for dutch enthusiasm for British entry is her outward looking Trad ing traditions. They see in Britain a Strong ally for the non restrictive Community Canada Hopes will develop. Meanwhile Britain s Atti tude to negotiations has also left Canada with Little room for manoeuvre until a Deci Sion is breached on entry. During the last round of negotiations Britain was Overly solicitous of Commonwealth interests. London went into the negotiations with a de tailed list of products seek ing various forms of compensation. Perhaps the most famous abuse of this course was the Canadian request to the Brit ish to see what they could do about Church vestments that Well known vital Canadian Export. The earlies negotiations failed not of course just because of the famous list but it did t help. And the present government in t making the same mistake. This time there is no list except for new zealand Agri culture and developing coun tries sugar. Far More important than either is the amount of the British Finan Cial contribution to the eco budget. The government has decided that the Best approach is to grasp wholeheartedly the principle of membership and pursue it with obvious enthusiasm. As a result Canada has been forced also to look for Princi pie and has found free Trade. Looking to the Post expansion Europe Canada As or. Pepin pointed out in the commons is not without bar gaining Power. After the effects become Clear Canada will be retaliating against British exports into the Canadian Market. The British Don t expect to eliminate preferences for Ca Nadian goods without losing theirs in return. We won t be calling this retaliation of course. It be known As the process c. Bringing into play at the appropriate stage the contractual rights and obligations under bilateral pint of guidance. In Canada Crimi Nal Law including proce Dure in criminal matters is Federal while welfare an the regulation of the Civi status of persons is Provin Cial. This has created serious difficulties in developing decent system for treating juvenile delinquency an of Tensive term to professional in the Field of corrections but one dictated by space throughout this country. For one thing it has required the system to be buil upon an almost fatal Contra diction. The Basic philosophy has been to remove offences by juveniles from the reach of the criminal Law but the authority of the Federal parliament to legislate derives from its jurisdiction Over the criminal Law. Thus the Juve Nile delinquents act May create the offence of Delin Quency authorize juvenile courts to hear such offences arid direct them to apply a non punitive philosophy but it is still criminal Law with much of the terminology Anc Many of the concepts that apply to criminal Law proceedings. This taint of criminality appears to be to judge from the professional literature a most serious obstacle to successful rehabilitation. In some provinces it has been overcome or at least considerably mitigated by getting the delinquent under provincial legislation As quickly As possible. Thus in Ontario the training schools act which. Does not even mention offence or sen tence or similar terms is brought into play As soon As a juvenile court decides an order of committal is indicated. But All provinces do not have correctional services for Young offenders. Some do not even have juvenile courts while others have them in name Only lacking 4he diagnostic probation and child welfare services upon which a juvenile court must rely for its proper functioning. The juvenile delinquents act indeed is a National Law in name Only it is brought into Force Only on the request of each province and it applies Only in areas where the province wants it to operate. The result in Many parts of Canada is that Juve Niles Are still being treated As adult criminals and being sent to adult prisons. Hence Bill c-192, the re placement of the juvenile delinquents act now before the commons. In some respects it is an improvement it will apply for example Only to Federal offences rather than to All violations including municipal bylaws As at present. It also spells out a variety 6f Legal protections for Young people which Are not contained in the cur rent Law. But to do this it must continue and indeed r e i n f o r c e the stigma of criminality and it still leaves As it must the question of whether there Are to be juvenile courts treat ment facilities and correctional services up to the provinces. These Are Basic problems which cannot really be corrected by tinkering with the Bill. Constitutional rationalization is indicated so that Only one level of government is responsible for both the Law and its implementation in this Field. The question is which level of government even if parliament obtained the Power to enact a non criminal status for Delin Quency however it would require further Powers of the most Radical kind to follow through with rehabilitative policies. The Legal doctrine of parents Patriae is fundamental to such policies the state is viewed As acting As a Wise and kindly Parent and this includes in prac Tice Crown Wardship of the child in Many cases. Such Wardship exists in Canada n the right of the provinces and it would turn the civil Law upside Down to change t. All of which suggests that legislative authority Over Young offenders ought to be entirely provincial to be achieved by simply declaring that the criminal code and elated statutes will not apply with certain necessary exceptions to persons under he age of say 17, and that provincial Law will govern. It will be objected no doubt that the poorer prov aces will not discharge their responsibilities because of the costs leaving the present unsatisfactory situation in hanged. But the answer to hat surely lies in better Fis a 1 equalization arrange ments Between the Federal and provincial governments Athur than continuation of a system which hurts the have and have not provinces alike. Guatemala Heads for a showdown no Ashington Guatemala s Urban guerrillas have driven that country s new president col. Carlos Arana to the Wall with an unrelenting Campaign of terrorism assassination bombing and Kidnap sources close to the gov j eminent say president Arana Las decided his Only Hope is to launch an All out no Quarter Given offensive against the terrorists regardless of the Cost to the capital City or the country As a whole. Col. Arana s decision car Ries a heavy risk. Failure to defuse the Campaign of Ter ror would certainly bring about his ouster from the presidency. 11 could also spell the end of constitutional government i n Guatemala for an indeterminate length of time. But Many observers in this mountainous Central Ameri can nation think that the president has no Choice except to throw everything he can Lay his hands on at the terrorists. By col. Arana s own estimate the country is virtually in a state of civil since the Arana govern ment took office on july 1, terrorists of both the left and right have steadily built up the Piesse against the political Middle with successive Shock Waves of crimes of violence. The Story has not by Nathan a. Haven Eck an4 c. Schreefer Guatemala s new president believes that the Only Way in which Urban guerrillas in his coun try can be Defeated is by an All out offensive which includes the curtailment of some civil liberties. Been Wawy reported because guerrilla warfare in Little Guatemala has been Over recently by similar activity in Argentina Brazil Chile awl for that matter i i n supermarkets theatres and Public buildings Are commonplace. On nov. 13, col. Arana was forced to declare a state of siege a modified form of martial Law under which most individual rights Are temporarily suspended. A rigidly enforced 9 . Curfew is in effect. The guatemalan Congress has passed a new Law of Public order to strengthen the president s hand in his anti terrorism Campaign. The guatemalan police formerly split into three separate forces National judicial and Treasury have been unified under a single com Mand. The guatemalan military is in a state of nervous according to one informant. Just How nervous can be seen in a recent bungle by the air Force. Guatemalan planes swooped Down on a Fleet of shrimp boats from Al Salvador and strafed them in the belief that they were Landing Force of subversive infiltrators. One salvadoran Fisher foreign minister in the pre v i o government and a highly respected figmic in inter american circles. Or. Fuentes Mohr was charged with carrying a weapon of unauthorized ironically or. Fuentes Mohr himself was kidnapped by guerrillas shortly before he stepped Down from the Post of foreign minister. Man was killed and five were atm Pfeil. Arana a potential for Over reaction May also be seen in the government s attitude toward the press. Defence minister Leonel Vassaux Martinez a regular army colonel has pointedly warned newsmen not to publish news of terrorist violence and when re porting Public statements by Law and order Campaign Ora tory of vice president Agnew in the United states. The government said col. Arana has exercised a franciscan in its first four months in office. But that attitude he complained has been abused by delinquents of All stripes to seed terror and to intensify the National crime the government has become simultaneously the butt of popular jokes and the target of protests against police brutality. Reserving special scorn for hippie types col. Arana re marked is it too much of a sacrifice of time to go to the Barbershop and get a hair so Many guatemalan Young people either Wear Long hair or use wigs the president noted that police files arc virtually useless. Who recognizes a person who has Long hair or a he asked. Later col. Arana s defence minister that guatemalan announced consulates overseas were being Given orders to screen hippies rigidly who apply for visas to visit the country. One observer in Guatemala City notes that col. Arana s the political opposition to i declaration shows he is find the presidency a Tough lonesome and vexatious indeed not All Gua of the i tem alans agree with his neg col Vassaux if Weka Ive assessment of Long think carefully if what they Are going to publish damages or does not damage the pres Tige said continue with yellow journal j haired youth or the need for ism we Are Tost. I ask Yoa j press censorship. But of the again to learn now to behave j other hand Mosi of the a yourselves. Look we Don t Tion including the terror want to take drastic Mea its themselves later apologized personally to sons but if you Force As w j agree with his declaration is salvadoran counterpart i Guatemala is in a Bat pass Fify i its Arr mate i to preserve Freedom and die pct fic order. Luft ceding the in Arana s View the a fuse drawn by col. Arana task of cleaning Bat Flie fact is float in tace j the one open j is vastly Cowins Post 32 guatemalan to vim us. Officials on the j Cateri by Polf Ewen in the capital City j scene flair ant people to a teen km04i w die or Tewagian wok of Calvetty Petty a Manx t wac j Lite Yew a a wet pc Civ 3

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