A2 - The Terrace Standard, Wednesday, October 22, 2003 . Client should not be jailed despite killing By SARAH A, ZIMMERMAN THE lawyer of the man who'beat Lorne Lupick to death last year has asked a judge to let the accused serve his sentence in the community, Shawn Walker, 19, has plead guilty to manslaughter in the March 7, 2002 brutal death of Lupick, 44. Walker's defence lawyer Bruce Kaun told court Oct, 14 that the sentencing judge needed to consider a condi- tional sentence, which would be served in the communi- ty instead of in jail, as an option in sentencing. He called the Crown prosecutor’s recommendation of three to seven years in jail too harsh a sentence. Kaun asked: provincial court Judge Ed de Walle to consider factors that lead up to Lupick's death. Walker drank so much alcohol that night his blood alcohol lev- els were two to three times the legal driving limit, Kaun said. He said Walker perceived his mother to be: in danger when he attacked Lupick adding the beating was not planned or deliberate. Judge de Walle is to sentence Walker in provincial court here Oct. 23, Bne As the sentencing hearing got under way, Kaun took man — lawyer time to address Lupick's family in the gallery including his mother, wife, two teenaged sons and two young daughters, “Mr. Walker wishes to express his remorse and ex- press his sorrow for his family,” said Kaun, He added he hoped the children ~ especially Lupick’s eldest'son — would some day get over the anger directed at himself and Walker. Lupick’s eldest son shook his and muttered ‘no’ as Mr. Kaun finished his remarks. That anger was visible during the morning. break, Because Walker has been released on conditions since June of 2002 he leaves and enters the courtroom through the public entrance along with onlookers-and the family of the victim. Se As people were entering the small courtroom after the morning break, Lupick’s eldest son inched his way to- wards Walker, taking a swing at him and pushing the accused, : The scuffle was quickly broken up by two sheriffs and they told the teenaged boy to leave the court house. He was permitted to return to the gallery to watch the pro- ceedings that afternoon while a sheriff next to him. Statutory shopping by-law plan will fade away, councillor predicts THE THREE-day compromise bylaw wasn’t on sound le- gal footing and would tikely have been defeated by law- yers for one of the big stores, councitlor David Hull says. “The bylaw would not stand the first whiff of a legal challenge,” he said. And that wouldn’t have served the needs of workers, Hull added. Hull said he suspects the days of legislated store closings on holidays are coming to an end — regardless of what the city does, “If it isn’t this year it will be next year,” he predicts. ; A legal challenge could likely have overturned the. bylaw on the basis that it is unconstitutional because it primarily shields Christian holidays, he said. Battling the courts over such an issue isn’t a winning strategy, he added. “We learned that with gay pride,” Hull said. Hull says he could support a bylaw that required stores to close on all holidays if it’s legally bulletproof. But that would depend on the wording of a bylaw, he said. “You're not going to pin me down with a specific answer until I see a bylaw,” he said. “I can go either way,” , Hull said it wouldn't be right to pretend to appease workers by passing holiday shopping restrictions that council knows won't hold up. “My sense is council is edging towards letting this matter die,” he said. That would see Terrace join most of the rest of B.C. in not at- tempting to limit store openings on holidays. Workers say stores would open regardless of by-law RETAIL EMPLOYEES opposed to working on statutory holidays fear that even a new by-law to continue shap- ping restrictions may be ignored by big stores. City staff say the maximum fine the city can impose would be $2,000, That may be viewed by the big box stores as merely a cost of doing business, say workers who are pressing city council to re-regulate holiday shopping. “If it's only a $2,000 fine, they’re going to be open,” Zellers employee Diane Pipe said. “When Wal-Mart ‘Skeena Valley NATS Annual Meeting 2003 Terrace Public Library Sunday, Oct. 26" at 2pm Guest Dave Gordon el Meeting will commence at 2pm. Dave Gordon will show his slides on the ecosystem of the Oolichan in the Kitlope/ Kawesas valleys. Short business meeting will follow quest. Contact J. Chrysler 798-2535 for further information. comes in, they're going to be open Christmas Day.” But city regulatory services director Paul Gipps said it’s possible for the city to go beyond fines with a repeat offender. He said the city go to court — at considerable expense — and seek a court injunction to force a store to comply with a bylaw banning holiday openings. There haye been no restrictions on holiday shopping since a provincial law lapsed Oct. | and council failed to pass anew bylaw Oct. 14. Staff, Students, Facully and General Public are invited to altend the following presentations: UNBC - Northwest: My Vision and Contribution for the Next Five Years. Dr. Judith Lapadat Tuesday, October 28, 2003 < pm- 6pm Dr. Marian Schollmeijer Wednesday, Oclober 29, 2003