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Winnipeg Free Press Newspaper Archives Mar 17 1990, Page 4

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Winnipeg Free Press (Newspaper) - March 17, 1990, Winnipeg, Manitoba 4 Winnipeg free March warrant query hobbles program wave free press continued from Page 1 Rance or failure to show up for the about 14 per cent of those were people with outstanding parking he were not Happy about Demers said of the he said the loophole is the result of a Legal question raised in he said some lawyers argued the courts cannot Issue a second War rant to arrest someone for defaulting on the Fine option program in a summary conviction Case if the per son was already arrested its become a debatable question whether the second warrant is he Stu assistant Deputy jus Tice said while he is Satis fied second warrants Are the clerk of the court responsible for issuing warrants has while there Are de fault provisions in the Fine option Jennings said second War for defaulters Haven been issued since the legislation for the Fine option program was every just assumed a second warrant would be issued and the person would be he nobody anticipated this problem until a lawyer raised it in but Demers said that Doest mean the program is it Doest mean the warrants Are dead its just difficult to execute he he said an advisory committee he which is studying the Fine option is looking at eliminating the once that is those who skipped out of the program will be dealt he i see it As a temporary glitch or hiatus in the he one of the options being consid ered is placing a ceiling on the number of offences a person can commit and still be eligible for the for he anyone who requests the Fine option program to pay Oft parking tickets would be denied that alternative if he of she has 10 or More outstanding he said it is unreasonable to expect someone with thousands of Dol Lars Worth of parking tickets to pay off the fines working at minimum which the program i guess they could be in the Fine option program for 10 Demers he said the committee is also questioning whether parking Viola tors should even be eligible for the is using the criminal Justice sys tem the Best Way to Deal with it he provincial court chief judge Kris who sits on the commit said it met yesterday to discuss the Issue and will make a recommendation to Justice minister Jim Mccrae Ron head of the police departments crimes against property said the Fine option concept is but he and other police officers feel the legislation that set it up is it was supposed to avoid creating debtors but the Way the legislation is set anyone regard less of income can who is a police representative on the you can be a millionaire and be in Fine police chief Herb Stephen de scribed the Fine option program As a ridiculous the system was not set up for people to use it As a Way around paying traffic but More and More that what its being used Stephen said in an police off Fleen do paperwork on multiple parking ticket hauled in during yesterdays police but cashier not overwhelmed cml need from Page 1 for 11 of the 21 people who signed up for Fine option during a ticket sweep feb 4 Haven even formally registered with the pro Gram much less started work police and theres not a Damn thing we can do about we can Only arrest them one officer scowled yesterday As a flood of people poured in and then out of the Public safety building without paying a Penny toward their the reason for the officers frustration is a Legal technicality in the summary convictions act that pre vents police arresting someone for the same offence since falling to live up to a prom ise to enter the Fine option program is not a officers hands Are tied once someone is released on a Promise to enter Fine option follow ing an its a loophole and it seems More and More people Are discovering said Dave head of the depart ments fou member tag which coordinated yesterdays for one Man arrested yesterday for More than Worth unpaid tickets was on his Way one hour later after a harried remand Centre official processed him into the Fine option this is a Good a Good the Man the Man said he was applying for the program As a Way to get released until he raised the ill pay for he officers were sceptical of the mans and even More sceptical of the program that allowed him to walk people arrested on warrants for unpaid parking tickets Are Given three options pay go to jail or sign an agreement promising to Reg Crown lawyer explains Ivy charges stayed teaching certificate hearing to come continued from Page 1 her exactly what she Hes mad about i think that he just tries not to think about police seized four Home movies in a raid on Patenaude James Penthouse apartment last May Fol lowing the initial charges against police also confiscated 98 other pornographic sexually explicit photos and a Small amount of the police investigation began after a Mother complained in Early May that her 15yearold son was visiting the mans apartment against her it was a very difficult Crown attorney Rob Finlayson it was important to us that we obtain a plea on a criminal which he did in fact sexual interference is defined As the disruption of a Young persons sexual development and like sexual it carries a 10year maximum reluctant to explain the crowns said the other counts of sexual interference were stayed because statements from the two boys involved showed the Inci dents did not amount to criminal court documents said Patenaude was charged with touching the boys backs and necks for sexual the pornographic video charge and the related sexual assault and Gross indecency charges were stayed because they Stem from Inci dents More than a decade old and the now was not fully Finlayson education minister Len who suspended Patenaude teach ing certificate last said the teacher still will have to answer All the allegations at a hearing on whether his teaching rights should be the certificate review commit tee does not just Deal with the Legal aspects of Derkach it also deals with what is appropriate con duct for an individual put in care of since Patenaude pleaded guilty to a sex offence involving a school age theres a very Strong possibility he will not be allowed to return to the minister Patenaude pleaded guilty to touching the genitals of a at his James apartment Between april and May last court was told Patenaude gave liquor to the who visited the apartment with a defence lawyer Stan Nozick said the boys had jumped into bed with Patenaude after the teacher had he said Patenaude touched the one boys but stopped when the 13yearold told him dont do in not like Finlayson said the sexual assault charge involving the 13yearold was stayed because it related to the same a person cant be prosecuted on two charges for the same he and sexual interference implying the complainant is younger than 14 is considered the More serious Hurt reputation although the liquor act charges were the fact Patenaude offered liquor to a number of boys at various times was read to the Finlayson Patenaude could not be reached for but Nozick said the 11 charges were stayed simply because the Crown didst have the evidence to get a he said his client wants to return to but publicity on the charges has Hurt Patenaude rep the problem that i see with the naming of persons at the time of the arrest is if Hes subsequently acquit Ted or absolved of the damage has already been Nozick he said the fact that Patenaude offence didst involve a student should be considered when officials decide whether to reinstate his teaching liberals shy away from notwithstanding clause continued from Page 1 discuss the court ruling with the French has no plans to invoke the notwithstanding Pierre president of la federation province Date Des somites de said he didst know if Manitoba has the Power to do Beaudoin said his which represents Parent councils at French schools throughout the prov believes Premier Gary Filmon will live up to his Promise to follow the supreme court ruling and give francophone control Over their the ruling said they should have their own schools or guaranteed representation on an existing school depending on which route is warranted by student but the court didst set the num Bers needed to justify each level of francophone Beaudoin warned that if the government provides neither representation nor a separate his group will revive its Appeal of a Manitoba court of Appeal ruling last month and ask the supreme court for a thursdays ruling on an Edmonton Case centred on 23 of the Char ter of rights and the Santos Public system same clause cited by the Mani Toba group in its Liberal education critic Iva Yeo said the decisions implications should be studied As part of a total review of education financing in later with Fine about 75 per cent choose the last police though some show up a few Days later to pay the others enter the work off their fines in the Community at minimum wage and possibly even pick up a few skills along the what has police alarmed is that roughly one m four people arrested sign up for the program and then forget about knowing police cant do we get up at five in the Knock on 20 doors until we actually find someone and then when we arrest they walk out of Here in an said one officer who trudged through yesterdays Snow in search of and when they dont bother to show up for Fine we cant do a thing about they get off the officer acting traffic Rex Keatinge said the department gets More Money out of the publicity generated by ticket sweeps than it does out of the sweeps people hear about worry be next and come in and Keatinge the after math is police took the unusual step yesterday of allowing reporters to come on the although officials denied it was a Public relations gesture aimed at frightening people into coming Freedom of the press and All that Why we did one official Keatinge said he supports the Fine option concept but would like to see the system tightened so police could rearrest someone who Falls to show for the ugly protests proliferated continued from Page 1 and thus a violation of human rights while the decision was opponents to change in the uni form produced anti sikh buttons and racist calendars while Western Canadian lobby groups circulated a petition boasting More than names against Cadieux said he hoped the Deci Sion would put an end to the ten Sion and confrontation Over the while the Public some times quite Macdougall said officers in the Force devoted a lot of time to discussing the meetings of staff representatives from across the country confirmed most officers did not want the uniform he it is important to he there is no racism behind the sentiments of ramp officers opposed to uniform i Haven heard any racist re he its just simply a matter of heritage and most ramp officers agree with Inkster that people of All religious and ethnic backgrounds should be Given an Opportunity to join the Macdougall once All officers should respect the uniforms convention and Wear it with he we have sikhs in the ramp but they have chosen not to Wear their an Alberta tory la says the decision could open the door for natives to Wear Yeo Sturgeon Creek said her party would oppose any use of the notwithstanding clause to overturn the effect of the ruling a separate francophone school Board would have an Adverse effect on existing Public school divisions with French she Marinus Van a trustee in Seine River where five of 23 schools Are said he believes consultation with the francophone Community can Lead to agreement on some form of Al though he say what that would Van Bosch said he would oppose any move by the province to invoke the notwithstanding i didst agree with Quebec doing it when its French Only sign Law was and i agree with Manitoba doing Boniface Board chairman Joan Barker said her divisions five French schools and 11 other English and French immersion schools give the Community a Good perspective on differences and Barker said she questions whether a separate francophone system would improve things for anyone until March 31 your Suzuki dealer is offering a 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