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

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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

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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

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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

|