Police chiefs have fear charter’ aids criminals

EDMONTON (CP) — The Canadian Associaton > of Chiefs of Police does not want a chatter of rights in a new Canadian can- stitution to include what it perceives as legal rights which favor: criminals.

AL a news conference “Tuesday, Chief Jack Ackroyd - of. - the Metropolitan Toronto police department said the association is concerned the Canadian government will “blindly follow the American example and enact legislation 0 protective of ‘civil rights’ that crime flourishes while . law enforcement is re. peatedly emasculated.””

“We are certain that

these proposals will result in dramatic increases in crime throughout the country since we sincerely believe that they can do nothing but assist eriminals and organized crime across this nation,"

Ackroyd said. In its brief to the joint SenateCommons com-

mittee on the constitution last Nov. 27, the association sald enshrining such rights is neither necessary hor desirable.

The association is con- cerned the charter, as drafted, would result in an unwise and dangerous transfer of legislative authority from Parliament to the courts.

Ackroyd, chairman of the association's legal amendments committee, said Justice Minister Jean Chretien’s latest proposals, on Jan. 12, add sig- nificantly to this concern.

“We do not believe that the people of Canada have

been provided with an adequate explanation of the heed or reasons for these new proposals,” he said.

"Furthermore, no at- tempt has been made to define the . possible ramifications of such proposals: for law en- forcement and the ad- ministration of justice across Canada.”

“It's not because we distrust the caurts, it's not that,” sald Guy Lafrance, lawyer for the Montreal Urban Community police department.

In a court case, said Laf-

rance, a principle will be applied by the court that will apply to everyone in Canada in other cases. ~

“The people af the court ‘are not elected," he said. “The elected pecple are in Parliament, They know what the people want and it’s up to them to decide what the people want. It's

up to them to put the liber- .

ties and rights in the law that the people want to have, not the courts,” Ackroyd criticized politicians for planning to adopt some features of U.S. civil rights Jaw when more peopleare murdered in one year In some U.S. cities

than are murdered in all of + — Canada in the same period. .

_ He linked constitutional rights to high U.S. crime Jevels and aaid many of the provisions in proposed Canadian civil rights legislation will ‘‘not only contribute to, but indeed encourage this slaughter.”

“Hf these changes are adopted the ability of the police and other in- vestigative -agencies to

sahlhiliarh elie

_ control

| TRY

RESTAURANT

“Serving Fine Foods 7 days a week” Bresktast.(unch and dianer 635-6302

SAJIMBER LODGE

cope with the arendy In creasing criminality in

Canada will be drastically ;

impaired.” Ackroyd

be a lot happler if In this charter of rights and freedoms there was a& section spelling out the rights of. the victims, rather than the rights of eriminals.”

He sald the association believes adoption of the legal rights proposals would mean the . troduction of many .ob-

jectionable features of U.S.

law which will hamper the ability of police forces to

criminal activity.

“The ' Canadian people must understand: that the appealing rhetoric of ‘due process’ and ‘civil liber- tea" can disguise a gradual

’ process which aims at the

destruction of the law en- forcement function.

“Instead of contributing to freedom and fair play, these concepts can be used as the basis for the gradual entrenchment of provisions whose cumulative effect will, ironically, result in not more freedom, but less."”

Ackroyd said the association is concerned that a requirement that person be informed promptly of the specific offence he is being charged with may be interpreted so strictly it will impose unreasonable burdens on pollee “officers, He said remedies have been provided for if a violation is later established.

The association is -also critical of bail and right-to- trial proposals which, it says, are worded am- biguously.

sald there ‘ should be more concern for — the victims of crime. “T'd

in: |

and moniter.

_ KILLER GET. S AN OVA TION |

SONTREAL (cP) — There wes a standing ovation Tuesday when Paul Rose, convicted kidnapper and murderer of a Quebec cabinet © minister, gave a eulogy for his mother in St. Pins X Roman Catholic church in suburban Longeuil, -

Rose de Lima Rose, 66, - died in -hoapital last. Friday’ night of a heart attack. She had been ill with cancer for several | months.

One of the mourners noted with satisfaction Tuesday, as family . members carried the coffin the short distance

and more may face charges

MONTREAL (cH) - The Quebec justice department is studying the peasibility of laying new charges against former members of the terrorist Front de Liberation du Quebec, says Jean-Robert Nadeau, an alde to Justice Minister Marc- Andre Bedard,

The feview coincides with the publication Tuesday of a gov- ernment report saying a seventh person, a woman, was involved in

‘the 1970 kidnapping of.

British diplomat James

to the chureh from the adjolning . funeral parlor, that there was net a policeman to be seen in the crowd.

The coffin of the woman Inown as “the mother of the political prisoners of Quebs was draped in the red, white and green flag of the 1837 Lower Canada rebellion and the blue and white Quebec fiag,

- To the ‘surprise of

family members and others in the con- gregation of 350, Paul

. Rese, on day leave from

moedium-security

_ Cowansville peniten-

_sHary’ to attend the

* The report, prepared by lawyer Jean- Francois Duchaine, identified her simply as “the young woman” because “it is not up to ts to Identify her pub- licly.” However, her fame was given to Bedard.

Nadeau said the department is also reviewing the report's allegation that Nigel Barry Hamer — the s0- called sixth man in the Cross kidnapping — helped -steal 500

* funeral, spolee after his 1

sister Claire had given a eulogy of her own. —« . “For her, the fight began long before the avents of 1970, and continued long af

. he anidas be gripped the

sides of his mother's coffin, “She called them (all

the Quebec terrorists

imprisoned for violent crimes) her children. and helped to free them. The last one is me and she did it again. Here I. am, without (police), surveillance, thanks to her.:

, “The day [ was _ Sentenced to life in

kilograms “(1,100 pounds? of dynamite be- fore the abduction of the diplomat. The

British-born.

Hamer has never been -

charged with stealing thedynamite, andit was coly last year, a full decade after Cross was abducted, that he was ‘finally charged with the Kidnapping.

He pleaded gullty to that charge and is awaiting sentence. The guilty plea allowed the government to release

"sections of the Duchaine report previously

"prison my mother, my \iriend, came to sea me

’ | for $0 minutes —- that’s

all we were allowed — and she told me: ‘Paul

Tim proud of you.’

“Now, it's my turn to. say that I’m proud of her,’’ 4 ‘ There wexe sobs from the family and friends, atid then, to the visibie surprise of the priest saying the funeral mass, the congregation tose in unison, ap- Plauding and crying:

“Bravo, bravo.”

Paul Rose Is serving a

withheld so during Hamer’s trial.

Duchaine said Hamer stole the dynamite to prove his terrorist’ convictions to other members of the FLQ. The incident occurred ;eight days before Cross was kidnapped Oct, 5, 1670.

The report said the robbery took place alter Hamer told Jacques Cossette-Trudel — ano- ther participant in the Cross kidnapping — that “he was prepared to

terrorist

double life term. tor the - Kidnap and murder of labor minister Pierre Laporte in 1970 by members of the Front. de Liberation du Quebec. His bid for parole was - recently turned down, although his brother Jacques, also.a member of the terrorist cell that kidnapped Laporte, was granted parole In 1979.

Several olheta cin- victed of various FLQ- related offences, in- cluding Bernard Lortie, Francois Schirm and PierrePaul attended the funeral.

” actively take part in FLQ action.” . "He (Hamer) proved his dedication | by drawing up @ commu- nique July & in which he claimed responsibility for planting a bomb at - the Petrofina refinery,” Duchaine said,. There was no whether a bomb . was’ actually set at the east. end Montreal refinery. -Duchaine also reported that police informera, said Hamer had “certain contacts with the U.S. Black Panther movement.””

indication |

15 words may hold the key —

CALGARY (cP) — If Alberta government lawyers have their way Ottawa’s attempt to im- pose stiff new Taxes on natural gas will be blocked

WEDNESDAY

MING (MEG) CPYR (COG) STW icTV) MCT (PRS) CBUPT

. 5 p.m. to midsight

13

‘03 i carot aA. Winsde Alster Tel Se ae (CA SS en : aS nN News Kenn Contact Heid 00 lNBe Wed, NHL Over G ‘1S News Nite Hockey Eov G SINAC Ado ie Vane, at ick “as |News ¥.B.A, Chicano Cavett 1c: oo le Wed. MHL MacNeli Nowwelies 18] Tonight nite Hockey Letrer hes Sport wiTic Tac = | Movie Yenc. at = | Doctor In ‘ 45] Dough TBA, Chicago the Hoube Telelournet 00] Rea The ‘15, People Nature Hickey Fram feroe en ‘Mp Real of acc. ot) | i The Le 45 [People Things Chicago hat Temps 20] Dift'rent 10,000 day [lon te Leos 36 OEE tiem eeee [fe" (Rae ac t rum iy jzarre ag fol Lite Specirum [Enough an Ieiserre 09 FQuincy Spectrum | ire: Movie Vietnam Wigs (BF BS ie Eee sIncy Cc as (Quincy ver q Mate une SOTKING 5 he Pal Femme 15 |News National fis bay y ‘Ki iTonight Nigh? Hour Gravity Is | influence A inal Final my Bi nema Tonge Twitlont -; Webster Late Une’ ‘Webster Male Femme ES al Twilight J wenster wate Sous 45itomorraw | Zone Webster Maule Inftuence THURSDAY Was. 4 pa. 00 [Seattle Canadian [Webster = [Electric =| Pasa Us iToday $ ‘Company | Partout ‘WiPatword = [Mister dust Like = {Sor Magaring 45 [Plus Dressup Mom cover KETERE Fn ee a ee Cec : ret 11 ‘alte Derirition [uate Draw wikia 43 | Doctors Street Definition j©spiorers [wickle oo 1De News Noon People of Blatt |News [ewe = fren Ligne | Pape 30 jour The The Lilt mid a§ [Lives Bob Suitivens around us | Pius * Mcieen Midi 1 WSlworle Snow World ‘On level Plus DO banot her wicks A 143 fori wicks World a “Wl Texan Toda Tense Craw man yea “43 [Taxus * —_|texen | Peciings ERS "O0] cae The Edpe |The Retlect, — Tatery 19] Operation ‘isnt lAlen Rellect, [Fable 30/04 ake Thicke Values de 43 | Manes Thirty Morality [¢endrition ‘B0] Operation | tna ra Sesme — | Babine a | Flintetonts im, Sireet bobina 130] Movie Happy i Same Pop ia | Mavie Ove Right Street Cirrowitie

Ho to slim down at Phone Mart.

"You'll be amazed at the results. With one of our 13 colours of slim and sleek Styleline phones you can trim in almost every room in-your house. Places like counters, walls, anywhere a little style and pizzaz would make for a perfect fit.

Stylelines from B.C. Tel Phone Marts. Your phones have never looked so good,

EL TEL). gla

, _ Terrace - 3236 Kalum Street Mon. + Fri, 9:00am, « & 00 p.m. Kitimat - 1110 Kingfisher Ave. Mon. - Fri. 9:00 a.m. - 4:30 p.m.

such =a

_ amendment

by one 15-letter word in a 1930 «§©constitutional amendmest.

The word — ‘‘not- withstanding’’ — dominated proceedings Tuesday in “Alberta Court of Appeal as the province's

, lawyers | launched their

lawsuit’ against Ottawa’s tax.

“aA ‘notwithstanding’ clause means a great

deal," Calgary lawyer .

Jack Major declared as he

noted its importance’ in’

other cases.

Ottawa, for example, had exclusive power to define crimes notwithstanding provincial powers dealing with law enforcement.

The British North America Act of 1867 in effect granted certain over- riding powers to Ottawa by stating that the federal government has responsi- billty for trade and com- merce, notwithstanding any other BNA provision — provincial ownership of resources.

The Innovative Alberta

argument focused on yet

another use of the word. Although Alberta and

Saskatchewan

provinces in 1905 the

federal government re-

tained ownership of their

- resources for another

quarter century.

_ Then, in 1980, a federal- 1 agreement and

formal constitutional

transferred

became

the resources, “notwith- standing'' previous provisions of the BNA act and other constitutional arrangements.

That, Major argued, —

Baye | “Alberta. ‘the Last _ notwithstanding’.

para-

rmountey over the federal

trade and commerce power

and = other earlier ots.

The only substantial limit on Alberta's ownership rights, Major said, is that in time of war or genuine emergency “the

spirit of Confederation” -

would allow Ottawa to

assume teroporary over:

riding powe Under yy quesiioeing from the five justices hearing the case Major agreed that ’ the preamble to the 1950 amendment gaye its purpose as placing Alberta and Saskatchewan in ‘a position of equality” with other provinces, — But, be sald, declaration of purpose does not rule out the in- terpretation that the “notwithstanding” provision gave the two provinces more secure

. ownership rights than

other provinces . ” ‘The special rights could

have been a means of ~

compensating for the 3 yeara without resource ownership, he suggested.

“Not all Provinces are

INTRODUCING

WOODGREEN APARTMENTS

4832 Lexelle Ava.

Rental Applications are now being taken for ‘occupancy March 1, 1981. FEATURING:

One

‘and. two = bedroom Lowry -Fireplace In every unit.

-Diekwasher, Fridge & Stove Included. -Bright, large Bey Windews with color co-ordinated

drapes.

_ Undercover parking. ‘Contrai Location ontralled Entry

Spacious open beam bedrooms with En Suites. Grand steircese and bright halls. -

‘Ground floor apartments with Private-Gerdecs. #

Ceramic tited kitchen floors & bathrooms. Cablevision hook-up avaliable.

For further Information . call Mr.. @

Erickson

that '

unite. &

and . effective iy mh M. ave ‘nna ,

oe

equal ard the same in every respect,” Major sald. ‘Throughout. the history . of Confederation anomalies have occurred.”

Although presenting that aa their prime argument,

Henkel, assistant, deputy attorney-general of Al- berta.

of the tax Is not simply to “regulate trade and com- ‘im * Ottswa's: over.

Alberta, spokeamen. alae ai. riding powers in mn cqatenig that tt feral $b 4 edesal; rari g ia ‘Pat

even if. Alberta has no better ownership rights than the original members of Confederation.

Alberta's case revolves wround application of the federal tax to natural gas that ia shipped directly into Montana from wells owned, drilled and operated by the provincial government.

Ottawa's only reason to tax that gas is to raise revenue, argued William

. Without those cvertiding

powers,,.he said, regular

BNA act provisions would slop Ottawa from taxing a provincial resource. When the act was drafted, be said, “it was

never intended that resources should be taxed.”

The trial is expected to end today with presen-

tation of the federal .

government's defence.

Toll nearly 500 in ship disaster

JAKARTA (AP) — A tolal of 464 people are missing or dead in In- donesia’s worst maritime disaster, the sinking of the inter-island passenger ship ‘Tampomas 3, but eight

seascue ships are bringing |

With 21 deaths con- firmed, 443 people were not accounted - for, spokesman sald. weather in the Java Sea hampered the search, and

-- most or all the missing

were believed dead. The 2,420-ton Tampomas

B caught fire Sundsy during

8 trip across the ‘Java Sea from - Jakaria, the In-

, donesian capital on’ the

northweat coast of the island of Java, to Ujung Pandang, the capital and chief port of the big island of Sulaweal (Celebes) 1,000 kilometres to the east. F. Habible, secretary to the director general of sea communications,

there were 1,084

the | Bad ©

said |

The ship sank early:

‘Tuesday about $55 Kilometres from Ujung Pandang. Meanwhile, Habibie's office In Jakarta tecelved incorrect reports that the fire had been put out, the ship taken in tow, and all aboard were safe.

Habibie said 651 of the survivors were being taken to Ujung Pandang, and 21 wera aboard another rescue ship roue to Surabaya, on the.northieast coast of Java. —

He said a large-scale

‘search by ships and planes .

was under way in the Java

Sea, but the weather was

still bad. Heavy seas prevented reacue ships from getting alongalde some of the bodies. that were sighted.

The pasténgers ap- parently Swere jammed together’ f, deck while the crew fi the fire for more’ thas. 24 hours.

Habibte sald when the ship started to go. dewn, the ©

crowd “panicked at the last momen

“And although they bed

life veats on, they were all, -

too close to one another, |

and in that kind of cramped situation anything can happen."* . | ~

He sald that many of- them must have, beqn (00

tired and weak to Fight to save themselves. .

Since the main purpose

era TT ee ne He

|