Page 4, The Herald, Friday, November 17, 1978

TERRACE/KITIMAT

: daily herald

General Office - 635-6357
Circulation - 635-6357

PUBLISHER - Laurie Mallett +
GEN. MANAGER - Knox Coupland
EDITOR- Greg Middieten
CIRCULATION - TERRACE - Andy Wightman 635-6357
KITIMAT - Pat Zellnski |
KITIMAT OFFICE - 632-2747
Published every weekday at 3212 Kalum Street,
Terrace, B.C. A member of Varitied Circulation.
Authorized as second class mail. Registration number
1201. Postage pald in cash, return postage guaranteed.

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Reproduction is mot permitted without the written
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Published by
Sterling Publishers

632-2747

Your decision

You, the residents of this town, pay the costs of
running this city through your tax dollars. The
three people you choose to be part of running this
city will have a say in spending a2 good portion of
the money you work hard for.

Those three individuals will determine, at
least in part, the future and direction this city
will take. As they are moved, so the community
moves, Andhow tts community is run affects us

all.

We call our system of government responsible

’ only in that the elected officials have to account

for themselves at the end of their term of office.
It is time for you to evaluate how each of the
incumbents has managed hmself and thus the
affairs of the city. It is time to decide whether or
not they deserve to be returned. It is also time to
look at the newcomers and decide if any of them
could do a better job than any of the incumbents.
Your choice gives the ones you elect a mandate
to run your affairs for two years. ;

You could, of course, just flip a coin, but
remember it is your nickel.

LAW.
TALK

by Gordon Hardy

A Vancouver man picked
Up a newspaper some years
ago to find himself described
in banner headlines as the
“Killer of 10,000 Jews’’.

The newspaper, acting on

remarks made in Austria by...

a famous Nazi hunter,

proclaimed that the man, a”

janitor of German ex-
traction, had finally been
located in Vancouver.

It made great news but
there was one problem—the
accusation was completely
faise. The janitor had, in
fact, merely cleaned stables
in a Nazi concentration
camp.

The janitor was terrified of
reprisals and hid out until his
lawyer worked out a deal
with the embarrassed
newspaper, the matter
would not go to court if a full
retraction and apology were
published and the janitor
paid $10,000 in com-
pensation.

Had the janitor pushed a
libel suit against the paper,
he would likely have been
awarded more than $10,000
since the libel in this case
was very serious.

The newspaper could not
fail to realize that it had
defamed the janitor; that is,
it had injured his reputation
in the eyes of right-thinking
people, the legal definition of
defamation.

Lawyer Penny Bain writes
ina Vancouver Meople’s Law
School booklet on Libel and
Slander law, The concern of
the law is not so much with
insult or injury to personal
feelings as with injury to
respect and esteem. For
example, if Harry calls Fred
a dirty crook in a closed
room, it may hurt Harry's
feelings but it will not injure
his reputation,”

Bain writes, Mere vulgar
abuse or insult name-calling
is usually not a defamation.
Name-calling is aimed at
pride rather than reputation.
ft may hurt the plaintiff's
feelings, but does not lower
his reputation in the com-
munity, For example, if
Harry calls Fred fat or
stupid, it may only hurt his
feelings. However, if Harry
calls Fred a crook, it may
hurt his businekss.”

If Harry calls Fred a crook
in front of a third person or
at a meeting, Bain says, then
itis a spoken defamation and
Harry could bring a slander
suit againal Fred — right-
thinking people would think
less of Fred as a dirty crook.

If, instead of saying Fred
is a dirty crock, Ha
writes, publishes and
broadcasts it, then the
defamation is libellous,
rather than slanderous.
Libel will be dealt with in the
next column in this series.

A slander case in recent
years involved former

Surrey mayor Ed McKitka
who remarked in public that
one of his potential political

adversaries had been

disbarred as a lawyer.
McKitka lacked the best
defence against a slander or
libel suit there is—truth. The
law... protects people only
from false statements. If the
remark had been true, then
there would have been no
defamation but McKitka was
way off the mark. As a
result, he was taken to court
by the indignant lawyer and
ordered to pay $5,000 to him,
The lawyer was able to
convince the judge that
McKitka’s remark was
untrue and was compensated

in return.

Unlike libel suits, the
plaintiff must prove that
damage has taken place to
his reputation as the result of
a slander. With libel,
damage is assumed.

But there are some cases
of slander where damage is
assumed to have taken
place: for example, where
moral turpitude or an in-
fectionous disease like
hepatitus is imputed to a
person. Likewise, adultery to
@ woman.

The fourth case involves
attacking the professional
standing of someone.

Aside from _ personal
reputation, goods can be
slandered, toa. A
businessman who tells lies
abouta competitor's goods is
guilty of defamation.

In 1975, hotliner Pat Burns
and his former employer,
Maisonneuve Broadcasting
Corp., were ordered to pa
$14,285 to a station ad-
vertiser because they had
defamed the advertiser's
product and ruined a $14,285
ad campaign.

But Peter Butler, a lawyer
who defends The Vancouver
Sun newspaper against libel
suits, cautions that most
defamation suits are not
worth the bother.

“You will be amazed how
few defamation actions
actually go to court. For all
the sweat and misery you've
got to go through, moet
people do not think it’s worth
it. Besider there's usually
some ves, 3 of truth in most
slanders 2nd that means
mast people don’t want to
wash their dirty linen in
eourt,’* he says.

Butler says defence
lawyers usually attack the
reputation of the plaintiff —
"You've got to be pretty pure
to go all the way. 1 suggest
that most people have some
skeletons in the closet. The

newspapers and radio
stations know this.”
For more information

please -contact the Van-
couver People's Law School
for its booklet, Libel &
Slander, by writing 2110-C
West 12th Ave., Vancouver,
B.C. or telephone 7341126.

COMING)

FOR THE

HEAVY WEIGHT

cy

“SAR UGGER!
TAudEAU

AMERE SHADOW
QF WS FORMER SELF

CHAMPIONSHIP “3” j
OF CANADA, mi)

Ly om

| _ GRAHAM LEA COMMENT: 3
On lottery benefit question

Next time you buy a lot-,,
tery ticke?, keep in mind that:
the big winner of the Western
Express is ° Provincial
Secretary Grace McCarthy,
who is administering the
lottery fund profits on a
purely political basis.

This may come as a sur-
prise to anyone who believes
those television com-
mercials which suggest that
the profits from the lotteries
are being used to foster the
artistic, cultural and
recreational well-being of
our citizens. But a growing
amount of evidence is
showing that lettery funds
are being dished out by
Grace McCarthy for any
number of unusual projects,
all in constituencies
represented by Socred
members.

First there was the

‘$100,000 footbridge in the

Coquitlam riding of Socred
George Kerster, who ad-
mitted he couldn't talk the
highways department into
building it so he got Mrs,
McCarthy to give him the
monsy from the lottery fund.
There is no quarrel over the
need for the footbridge, but
‘certainly the money for its
eonstruction ‘should have
been available from the
highways ministry budget.

Since there is no public
accounting of the disbur-

sement of lottery funds, this
project only became public
because Mr. Kerrster was
bragging to his constituents
about how he had pried the
money out of Grace Mc-
Carthy and he indicated that
she would make the choice
as to who would design the
bridge. So the possibilities
for political patronage are
unending!

Since the revelation by Mr.
Kerster, my colleague
Eileen Dailily has become
concerned about the
possibility of further mis-use

of lottery funds, and has‘

called for an accounting of
the fund, with a list of
projects, along with the
names of groups or concerns
receiving the funds. The
Auditor-General has replied
that although she could do a
technical audit, she would
notbe able to make available
the lists of projects. This
information, she said, would
have to come from Mrs.
McCarthy. So the fund
remains under the control of
Mrs. McCarthy, with no
requirement that details of
pay-outs ever be made
public,

And every few days
another example: of a
questionable use of lottery
funds turns up. A partial list

‘imeludes such goodies as

$650,000 for “forestry” -- we
have not yet learned what
this money was spent on,
because of the lack of ac-
countability, but certainly it
represents an expenditure
that should have come out of
the general revenue. It
seems that any ministry
expecting a financial
overrun can now use lottery
funds te help them balance
the budget.

Other projects which we
have learned are being
funded with lottery profits

“include $13,000 for a parking

lot 'and $5,000 for a feasibility
study for a marina in the
Socred riding of Municipal
Affairs Minister Hugh
Curtis; $150,000 for purchase
of a sailing-training ship, the
“Freelance”, $200,000 for the
purchase of smoke detectors
for private nursing homes,
and $1,260,000 for
‘tmiscellaneous’’.
miscellaneous item was
listed in a letter to the B.C.
Recreation Association from
Mrs, McCarthy in response
to their request for in-
formation on lottery
disbursements. In her letter,
she made no mention of what
the money was spent on, or
who received it, just noted
that well over $1 million had
been spent on
“miscellaneaus"!

Again, it should be em-

This more purposes for the fund.

phasized that some of these
projects, such as the smake
detectors, are necessary
items. But why are they
being paid: for out of the
lottery fund? This has
caused such an outery in the
Lower Mainland that some
people have heen
threatening to boycatt the
loltery until a proper ac-
counting is made.

The BC. Economic
Review, a provincial
government publication,

_ Shows that the balance in the,
lottery fund as “of March 31,
1978 was $16 million. Grants
are listed for ‘‘cultural,
recreational and = sport
purposes’, and are not

OTTAWA OFFBEAT

BY RICHARD JACKSON

OTTAWA - What do you
know — the World Council of
Churehes has bracketted
Canada with Rhodesia and
South Africa and other
supposed “racist states
which discriminate against
native populations.

It must have come as all
awfui shock to former Ex-
ternal Affairs Minister
Mitchell Sharp whe used to
justify the use of Canadian
tax funds for guerrillas,
revolutionaries and
terrorists in Southern Africa
as “Christian” aid for what
he called ‘‘freedom
fighters”.

it didn't matter that the
black guerrillas waging 4
terrorist ‘war _ against
Rhodesia and an Un
derground revolutionary
operation against South
Africa were slaughtering
defenceless innocents in
those states, including a
couple of Canadian girls on
holiday tour from Guelph,
Ontario.

Sharp didn't make much of |
a protest either politically or
diplomatically, seeming to
brushit off as an unfortunate
accident in what he regarded
as a legitimate military
operation by black “freedom
fighters” against their while
oppressors.

The best he could do, and
that rehictantly under
pressure from the Opposition
in Une House of Commotis,
was to persuade Zamiia,
from where the guerrillas
had fired their fatal shots,
“hunting” the two girls like
animals among the rocks at
the foot of Vicloria Falls, to
pay some cash compensation
to one of the bereaved
lamilies.

The aid from the Canadian
government to the African
terrorists has never stopped,
and just the other day,
External Affairs Minister
Don Jamieson was up in the
Third World pulpit at the
United Nations preaching
the justice of the guerrilla
war.

It was atl in the aid of
ending ravial oppression, he
said, and in fine, ringing
holier-than-thou fashion,
sternly lectured the
Rhodesians and South
Africans to mend their
wicked ways.

And then — af all the
beautiful timing — up spoke

the World ‘Council ~<0f«

Churches, always a sup-
porter of Canada's program
of assistance to the African
“treedom fighters", in the

eguse of Canadian native
Indians and Eskimos. ;

The busy-body Council
further ponied up some cash
— same hundred or so
thousand dollars — to
“protect” these northern
natives of Canada from
supposed hardship inflicted
on them by “multinational
corporations” developing
oil, gas, Uranium and other
resources in the sub-Arctic.

The native “life style was
heing damaged,” said the
Council, and the aid was in
compensation.

Canadians, in other words,
were not playing fair; were
even, in a __sSense,
discriminating against the
natives in the exploitation of
the Indian and Eskimo
tands, ;

Since Canadians are
developing the north as
Rhodesians and South
Africans developed Southern
Africa, it raised the ever
contentious question of
whose lands these are —
those of the people there for
generations back or those
who are making something
productive of them.

To Mitchell Sharp and Don
Jamieson and the World
Council of Churches, there
seems yhly one unswer.

To the natives belong the
land -- al least in Southern
Africa — and the developers
are interlopers.

“nd now the World Council
of Churches sees Northern
Canada in the same focus.

Canadians are inflicting
“damage and hardship” on
the natives.

Forget that the natives
have been making their own
land claims — and collecting
handsomely in some cases —
the Council of Churches
thinks it isn't compensation
enough.

Forget. ao, thal cor-
poralions developing oil,
gas, uranium and other
resources are bringing in
skilled Americans and
Canadians to direct
operations and provide jobs
and trades’ training for the
natives.

Stil you can't suppress a
chuckle that in the all-seeing
eyes of the Council, Canada
is in the same category of
callous disregard of native
righls as the South Africans
and Khodesians.

Maybe not to the same

‘extent,’ but‘ enough to

warrant “ cagh"asc'stance"’

from the Council.
Some — folks

squirming.

must be

broken down further. When
Mrs. MeCarthy was
questioned by reporters
about the lottery fund, she
immediately added some

She said any project would

be eligible if they were

THIS WEEK

from Ottawa
loua Campagnolo, M.P.

“national, patriotic,
religious, philanthropic,
charitable, scientific, ar-
tistic, environmental or
conservational in nature”.

Which means that she can

give lottery money to just

about anyone for just about

anything. The only apparent

Stipulation seems to be that

there is some benefit for the

Social Credit parly in it.

WASHINGTON (CP) — On
all counts, the two-week-old
border conilict between
invading Ugandan troops
and Tanzania is a strange
and tragic little war, begun
almost capriciously and
likely to end with no
territorial gains for either
side.

Ugandan President Idi
Amin's announcement that
he is withdrawing his troops
from Tanzania is expected to
signal an end to the fighting
between the two East
African neighbors,
Washington observers say.

The question naw is how
far Tanzania wili oré:.3 its
desire for retaliation xgaitst
Amin and his troops,

Observers say, huwever,
that because vi the
remoteness af ui scene of
battle, o 70-square-mile
section wesl of Luke Vic-
toria, and the fact that
Tanzania's army is fairly
small and ill equipped,
prospects tor achieving
President Julius Nyerere's '
long-standing desire to
topple Amin are remote.

In analysing the whys and
wherelores of the conflict, il
appears that the first
Ugandan troops to cross into
Tanzania may have been
chised” there’ by other
Lgandan wits.

A Washington o'ficral said

UGANDA-TANZANIA
It’s a strange little war

intelligence reports indicate
there was sporadic fighting
in October between pro-and
anti-Amin army units
stationed near the Tanzanian
border,

Always the opportunist,
Amin may have seen an
invasion of Tanzania as a
means of achieving severa]
ends, including quelling the
fighting within the Ugandan
argz’ suppressing mutinous
factions of Lhe military and
explaining casuality figures

among parts of his army
oppased to his regime.
Amin also may have seen
potential domestic gains, in-
cluding diverting attention

-from the severe economic

problems his country faces,
problems recently worsened
by a U.S. decision to impose
an embargo against
Ugandan trade. ;

’ By withdrawing his troops,
Amin would further
humiliate and inturiate
Tanzania and also would

ease mounting criticism ol
his army's activities.

Pressure for: Ugandan
Withdrawal had  beeu
mounting will voll
demnations coining from the
AS., Britain, other Western
countries and the
Organization of African
Unity.

Kenya, witieh shares a
border with buth countries,
kept a low profile atter the
fighting began alhough
President Daniel Arap Moi
made an offer to bauve his
country serve as mediator

Moi, recently elected tu
succeed the late Jomo
Kenyatta, had good reson
for staying oul of the con-
flict: his country's relations
with both Tanzania ant
Uganda are al a low poim.

Political, ideological and
economic differences bet-
ween the three countries
resulted in the cissolution
almosl (wo years ago of the
‘East African economic
community, 4 regional
organization that once was
touted as a great hupe fur de-
velopment of the continent.

Since (hen, the differences
have deepened and relations
have becume even mare
bitler as @dch country ac-
cuses the others of untairly
dividing the remnants of the
economie community, such

as control of ral fines,

The torrential rainfall and
subsequent flooding in the
Hazelton-Terrace-Kitimat
area have been a tragic
reminder to us of the fragile
relationship we have with
our environment and the
extreme care we must take
in the demands we make.

On behalf ef the residents
of our area I wish to express
my sympathy to the families
of those who lost their lives
in the storms, and also to
these who were injured or
who have suffered losses in
personal property.

I would also like at this
time to express my ap-
preciation to the emergency
relief and repair crews who

-have made extra-ordinary

efforts {0 restore services
and protect lives. Their
efforts have, without

_ question, heen above and

beyond the call of duty, and
they have virtually per.
formed miracles under -the
most trying conditions.

Now that the emergency
situation is over, and al-
lealion is being turned to
repairing the damage and
rebuilding our tran-

‘Sportation system, there has

been considerable discussion

of the availability of
financial assistance.

Under the division of
powers according (o the

British North America Act,
the responsibility = for
disaster relief lies with the
peovineial goveraments. In
B.C this function is per.
forined by the Provincial
Emergency Preparedness
(PEP) program, which
repotts {o the Provincial
Secrelary. bederal govern-
ment officials work closely
with PEP officers, however,
and a number of forms of
federdi assistance are
available on request,

In emergency situations,
for instance, the Provinciat
Attorney General may ask
for, and receive, assistance
from the Department of
National Defence on an
immediate basis, In the case
of Ihe Mooding last week, the
provincial government
dedided that suri assistance

was nol required.

The main form of federal
assistance -- ane which will
be called into play as a result
of the flooding —- is a pre-
determined formula for
financial assistance te share
the casts when the burden of
restoring public and private
property damaged in a
disaster goes beyond what a
province can reasonably be
expected to hear on its own.

Again, constitutional
agreements require that the
province formally ask for
this assislance from Ottawa.
This has been done, and
assistanve has been granted,
through an exchange of
telegrams last week between
Prime Minister ‘Trudeau and
Premier Bennett,

Under the agreement, the” .

province pays for all damage
up lo a total cost of $1 per
capila of the provincial
population ory uur case
$2,400,000}. The neyt §2 per
cupita is split 30-50, and
above thal the federal
government absorbs an
increasingly large share. As
an example, if the tolal
damage cast were ta be
$20,000,000, the federal
Zovernment would, under
the formula, pay $13,200,000
to the province,
+ The total cost of damage
caused by the storm has not
yet been assessed, however,
and is not likely to be known
lor some tite yet. Ad-
ministration af the “clean
up’ program lies with the
Provincial PEP program,
ind Ihey will be informing
residents of the affected area
of the assistance that is
available during the next few
wenks. ;

i mel a week agoSunday in
Tertace with federal and
provincial disaster relief
officials, and with
representatives of the af-
tected communities, and feel
that there is now a clear
understanding of the lines of
communication and
procedures to follow. If
however, you have
questions ar difficult  —
Baining assistance, ple. - 4g
not hesitate to contact me,

‘

Lo eee