TORONTO. cepy 7 bortian should ‘be ., omitted from the Criminal Code because it: is no longer “socially. undesirable con- © duct,” Tuesday. : Tn the fourth day of his closing arguments lawyer Morrie , Manning sald on a pre-trial motion to. quash charges against Dr. Henry Morgentaler,’-Manning. said the code's Section 251,:which deals with abortion, is. constitutlonally Invalid. Morgentaler and Drs. Leslie Smoling and . Robert Scott are all charged with con: Spiring to procure a miscarriage, the term used in the Criminal Code, section on abortion, to Manning’s pre-trial motion contends tie charges should be quashed becatise they” violate sections of the Charter of Righis and Freedoms. conduct,” Parker of-the Ontario: ‘Supreme Court ‘thal » “there is evidence before you to say ‘that abortion is not, per se, soetally undesirable — When Parker asked what evidence trom the month-long: hearing’ supported that claim, Manning referred to public opinion polls. that indicate a majori ty of Canadians would prefer. abortion Jaws to be eased, Under the Criminal Code, a woman can obtain a legal abortion in an accredited hospital after a doctors” committee bas _Tuled that continuing the pregnancy would endanger the woman's life or health, Manning said statistics showing that a large number of Canadian women seek abortions also seem to- indicate it is no longer socially unacceptable. The hearing continues. . Police watch prostitution TORONTO (CP) — In what could become a landmark constitutional case, police told a provincial court judge Tuesday they acted as peeping toms to catch a prosiitute. in the act, Peggy Miller, 35, of Toronto, was charged with keeping a commion bawdy house in August after police morality squad officers . ‘watched her take men into her home and perform sex acts for money. ; Miller appeared before the police com- mission of Metropolitan Toronto in Sep- tember to speak out on behalf of prostitutes’: rights. Her ‘lawyer has” ‘told court she will argue her client’s right to operate in privacy under the Charter of Rights and Freedoms. ‘Const. Peter Coulis told Judge’ Waiter Hryciuk he watched Miller proposition clients last July. After a deal was struck, Miller would have clients follow her by car to her apartment, he said. . Obscenity laws vague VICTORIA (CP) — Canada’s obscenity law is intentionally vague so as to cover all’ forms of possibly obscene material, Crown counsel Barry Sullivan argued Tuesday: Sullivan was responding to arguments by lawyer Ace Henderson, representing Red Coulis said on three nights he watched through a one-inch crack in a closed Venetian blind as she took clients into her bedroom, disrobed and performed sex acts. * Qn one occasion, he said he saw a man give Miller $50 before they went into the bedroom.’ . Miller took her clients separately to her apartment .and they. were all consenting adults, Coulis said. : Const. Ian Leaver told court he posed asa client on Aug. 3 and followed Miller to her apartment after , Agreeing to pay her for ‘Bex. “She asked m me ‘for $50and I told her 1 had some bad news, that I was a police officer and she was under arrest," Leaver said. ““She said, ‘I. was hoping I'd be caught ’ because I want-to challenge this in court.” Hot Video Ltd, in the store's appeal of three . convictions last May for. distributing ob- scene material. County court Judge Fred _ Melvin .ed decision following the two-day Hearing. Sullivan said that every right has its boundaries — morally and legally imposed limits which do not infringe on Section 1 of ‘the Charter of Rights,’ Such rights are guaranteed “only to such reasonable limits prescribed by law as can be demonstrably justified in a free and demecratic society.” Sullivan said that Section 159 of the ‘Criminal Code, which makes. possession and distribution of obscene material illegal, prohibits conduct which has always been ‘Hryciuk has adjourned the hearing until March to give the prosecution time to: prepare a written submission. He said:that in a 1962 decision, eight of - nine: Supreme Court of Catada justices _ considered Subsection 8 of the obscenity . - law “a workable, objective statutory tool capable of interpretation and application. ” The subsection defines obscenity as “any. - publication, a dominant characteristic ‘of which is ihe undue exploitation of sex, or of sex and any one or more of crime, horror, cruelty and violence.” 7 Sullivan said that making the obscenity. law more restrictive would curtail: its . adaptability to deal with the various. kinds of obscene material, such as videotapes, Pictures and literature, _ Henderson said: that the 1962 Supreme Court case did not deal with community tolerance levels but with standards -of ‘decency. He said the tests have changed, using as‘ . anexample a 1970 law which made it legal outside the rights, freedoms and liberties. « now enshrined in the charter. Legal abortion considered LISBON (Reuter) parliament begins.a two-day debate teday on liberalizing abortion which could spark the first major crisis in the eight-month coalition headed by Socialist Minister Mario Soares, Thousands of Roman Catholic children and their parents marched to the assembly building Tuesday night to protest the twa bills before parliament, ane Socialist, the other Communist. | Deputy - Prime Minister Carlos Mota Portugal's . Prime. Pinto, a Social Democrat, has warned that | approval ofa liberalization measure would “mast seriously perturb” the two parties’ coalition. : The Socialists, whose bill is much milder than the legalization advocated by the opposition Communists, have appealed for calm ‘and common sense over the issue. _prosecution to be waived in cases such ds danger to a mother's life or fetal deformity, was aimed at ending illegal abortions. During a previous government in November 1982, parliamenl| rejected ‘a for homosexual acts between consenting adults. It still may offend the decency of most. Canadians, but..the’ tolerance ‘level thas’ shanged, Henderson said, . ‘Communist bill in a vote in which ‘the Socialists, then in opposition, supported legal abortion on conditions similar to those prevailing in other Western European countries. Portugal's’ state television said 71 per cent of people questioned in a public opinion poll favored some liberalization of the ban on abortion. It said 19 per-cert favored a complete right to abortion, while only 5.5 per cent thought abortion should be punished ‘whenever it occurred. . Roman Catholic bishops have urged parliament’ to reject the bili. Socialist Catholics Issued a statement accusing Cardinal Patriarch Antonio Ribeiro fof _ meddling in politics by calling on Catholics not to. vote. for parties who approved: an’ . ‘abortion measure. They say their-bill, which would allow - Catholic. women’s groups say" the proposed legislation would be —un- constitutional. There have already been. appeals to President’ Antonio Ramalho . Eanes to veto a liberalization measure if it is passed by parliament, Stormy seas take lives LONDON (AP) — British authorities say. 17 sailors who drowned in stormy seas on the English Channel might have been saved ___ if officers on a French destroyer liad asked for extra help soqner. The sailors who drowned were crew to summon British help until more than an hour after the freighter started lo sink. The 2, 997-tonne freighter went down after a hatch ‘broke open. Waves crashed in, ‘swelling and shifting the cargo of graln it . Was carrying from Belgium to the Congo members on the Greek-owned freighter ‘Radiant Med, which sank Tuesday — the worst single disaster caused by storms that have battered Brilain end Ireland tor two. weeks. Fifty people have died since Jan. 11. Blizzards sweeping. Scotland and nor- thern England since the weekend have - virtually cut Scotland off from the reat of Britain: About 100 highways in the region Sre blocked by snowdrifts, hundreds of Scottish towns are cut off, and an estimated: 60,000 homes are without electricity because of felled power lines. Captain John Petit, harbor masier at St. Peter Port on the channel island of Guern- sey, said the French destroyer Casabtanca, sent to escort the Radiant Med Into a . French port after it developed a list, failed and the ship developed a 25-degree list. A British lifeboat from Guernsey, the Sir - William Arnold, rescued nine men from the Ireighter. - Petit told reporters that French rescue services repeatedly told him that. the - Casablanca was in control. “Tt 1a now clear that the master of the Casabianca underestimated the situation in thinking he could pick the crew up,” Petit, said. “Obviously, the weather ‘was an. palling and when it sank he could not gel al the survivors, and the British side was effectively called in too late.” : . The Radiant Med put out a distress call when the hatch broke. The Casablanca tried to escor! it toward Cherbourg but the freighter sank after only four nautical miles In gale-force winds, Grade 12 students all over B.C. were writing provinclal exams Monday morning and Bjorn Elde of Caledonia Sentor Secondary ¥ was no exception, shown | here completing his English exam. . . . HALIFAX (OP) © Chairman Joan Watson says her hardest: job:: ‘is convincing ‘people the Task . _ Force on: the: Allocation. of Health: Care Resources is independent and Tot: an. instrument of the Canadian is paying $250,000 cast. - ‘instrument of “the CMA. because. it” is funded by them," - the. farmer’ con-' sumer affairs broadcaster’ ‘Said in ~ | interview Tuesday. ot has been my job to turn that ‘around and’ * show it" dependent group.” " Despite - , Watson's: ‘assurances, . the task force got a suspicious “greeting 7 ‘from some groups at public " hearings | In- Halifax “on Monday ‘and* Tuesday. The: Health.Coalition of ‘Nova Scotia and the. Registered Nurses’ Association of Nova — to Scotia both.” refused present briefs. The task force is expected . to report to, the CMA by early summer on cross~ Canada hearings that began - in- Toronto’ ori Jan." 12 and * will end in Ottawa at the end | of. March," *. . Watson said the: hearings . had been’ scheduled to start: earlier, but:she: “decided ‘to | ‘postpone them because of the CMA’s opposition to the . ‘isa. truly in-- professionals, but the task force | appointed - by doctors, she Democratic Party, said she . said, was concerned that the The national nurses’. CMA “appointed _ the : union, the Canadian Nurses’ © members - without ‘any: Association, also , “has outside. consultation. ‘and . decided . not to _.present “Medical: Association, which “brief, -"” its” estimated 4 5 _proposed :: ‘Canada health -f act, Therecerilly, introduced federal. bil proposes ‘a ban ~ and extra shilling by doctors. The delay was to ensure the | ' on-user fees: by: hospiléls, _ .task force was not preoc- - _cupled with the, bil, she - said. EXPLAINS REASONS’ . The Health Coalition ‘of Nova’. Scotia, -. an . amalgamation of about 30 groups lobbying - against - user fees and extra- -billing, decided agaitist presenting. briefs because there are too many Unanswered | questiong about the. task | . Tan . force, chairman Johnson said.. ©. ° ; é "*We havé. no problem © ; with the people on the task ‘force, but rather with why the CMA‘ undertook - without asking others Sot assistance,” he said, ©: . The Registered Nuradd? Aagociation, > Which. - represents 8,400 nurses in’ the province, does not like’ the fact that the task force is ~ made up. of ° ‘inembers ap- ~ pointed by and accountable to the CMA, Exccutivd © Director Joan Mills said. Nurses make up 7) per cent of health-care Johnson: and. Mills ‘bol cB wondered: “Some people feel ii isan happen to’the report once.» of . the task force submits it lo. the CMA. . is’ organized. and of “what “would ~ CBC-TV's- People. need convincing Alexa, McDonough, leader » the .-. provincial - -euspleious ‘about how.‘ ‘Open- iinded the’ CMA: would: be. . towards outside groups... Watson: Fesigiied as host ~ “consumer | program The Marketplace to head the task ‘force. 4 to clean his fur.and sleep beside him.” “ ‘New, . ag ‘Chevette caulditt boxe to be parted soa He faithful cal. 88, :-she had him’ stuffed... oe te “Now, with white forepaws péinly: ‘and trv wey , the mongrel Castro. sits on top : of thi ¥ evelte’ 8 televi i; * set in their-East:-End ‘home, 5, a Gail and husband’ ‘Randy ‘are cat proud | souls aid talk “about their cats’ ‘the way: some: people | talic about. thelr, children. || vipa : : “Castro was born on Nov. 26, 1963,” ‘Mra, Clevette : Tuesday. “He used to sleep with me andsit on thesink while, Itook a ‘shower. He worshipped-me and Thim. =. >. “After he died, 1 couldn’t' bear to put him in the ald - ground. I had him stuffed and anybody who: ‘pees. thal. ag weird doesn't have-any-love in their heart.” i She thinks ‘people would understand if they'd seen the’ wi y. ’ Fonzie (another ca ) mothered. aver Castro while he wi dying-of cancer} ; ; fe “Fonzie aiid. Cairo’ were e good buddles,’" Mrs, Clevet ie said, “When we first put Castro on, the TV. set, Fonzie Tee .. Mrs. Clevette, $9, has four‘children. Now that they" te ~prown, up, she dotes instead on cats, s o Once, she had 23'cats and “io dogs,. bit. unsympathetic welfare people complained and she cut down toa brood of, g. five cats and just one dog; Chimo, a German’ Senet cross. a 7 Castro has been stone still on: the televiaion set for seven | years. Mrs; Clevette decided to go public:‘about. him now . _ because she wants others to know that for a mere $275; they: too can enshrine-the memory of a loved one. * The lordly. Castro is the work of taxidermist ‘Steve has gone. up to: $375, ° - ‘These days, Charlie is the Clevettes’ favorite. He has wont a trophy case full of ribbons at shows puto on 1 by the B. c. Cat Fanciers’ Assbelation... We R. R . F Decision Time: ‘Again “If You Don't Own: ‘ANDUSTRIAL - ‘GROWTH FUND, you stil! don't own | the best RRSP “equity fund In meee : oe” oF yearciip 32, 9 ec , r years-up'155:1° - “joyears-up4a4d bane . Contributions for 1983 should be made now and. transfers from other RRSPs should be made at ‘ANYTIME, _ For: ‘torther ‘Information on Canda’s No.1 a i RRSP equity fund, please complete a and revra the coupon below..." wet : —All figures through October, 7s), 1900, Dividends relnvestad. otter ; made by Prospeclus.onty. “ : : -¢ Please send up-to-date information on Industrial Growth Fund to - t : Name, : “| te “A “f. de mi | | ee C Michael O'Brian aa a PITFIELD MACKAY ROSS LIMITED 7 1996-450 W. 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