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VANCOUVER (cP) —
Two former directors of
North Vencouver’s Lions
Gate Hospital have filed a
civil law suit against the

hospital claiming that more .

than 2,000 therapeutic
abortions performed during
the paat four years were not
properly authorized,

North Vancouver lawyer
George Carruthers and
Weat Vancouver

.

Page 10, The Herald, Tuesday, March 20, 1984

Unauthorized abortions suit filed

births at the hospital. : .

businesaman
Whelton want the British
Columbia Supreme Court to
compel the hospital to
adhere to a “prolife” in-
terpretation of Canada’s
abortion laws.

it is’ the fourth time
Carruthers and Whelten
have gone to court in an
attempt to force the hospital
to adhere strictly to the
therapeutic abortion sec-

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‘Hons of the Criminal Code.

In this action, they are
asking for a serles of court |
orders declaring — that
abortions performed at the
hospital were unawthorized
and restraining the hospital
fromi ‘spending public funds
on similar'procedures..

The law suit alleges three
separate grounds on which’
the hospital failed to comply
with the taw::

«Abortion certificates
issued by the . hospital’s
Therapeutic Abortions
Committee prior to
November, 1979, were in-
valid because the com-
mittee was not appointed by

- the hospital board,

required py the Criminal
Code of Canada:
—Certificates issued by
the committee between
November 1979 and
December 1990 were invalid .
because they weren't
authorized by a majority of

- the committee, as required

by the Criminal Code;
—Most certificates were

invalid ‘because ’the com-
mittee, in . determining
whether. continued

pregnancy is likely to en-
danger the “life or health”
of the. expectant mother,
used a liberal interpretion
of “health” including social

economic
deretions
Carruthers and Whelton

first went to the Federal
Court of Canada,‘ which -

decided it. did not have

- jurisdiction to hear their. |
‘case, They unsuccessfully ©
appealed that decision’ to -
the appeal division of the

federal court.

- APPEAL REFUSED -~

_ Last month, the Supreme
Court of Canada refused

federal court's rulings..
Tn thelr B.C. Supreme

amended writ of summons

‘was filed ‘ Monday, -they

name 12 doctors who-were
members of: the hospital's

Therapeutic: —-. Abortlon
‘Committee, -

Also named are the North

and © West ~ Vancouver

-Hospital Society and Lions

‘Gale Hospital.
Carruthers and Whelton
avoid any suggestion of

criminal wrongdoing by the -

‘doctors ant concentrate

instead on an allegation the -
hospital used tax revenues *

in a manner contrary, to
legislation.

The: sult says between
March 1978 .and March 1981
there were approximately
2,248 abortions and 4 205 live

. abortions for. every.’ =

average of approximately -’

‘abortion approval rate at:
them leave to appeal ‘the -.

- 1980, 778 of 785 abortion
Court action, for which an —

- applications in the first *
three months of 1982 were

‘says. the ‘eis
represen about -

births, ;° which ois
proximately three times ihe 7
1973) =Canadlan' , Hationall
average of 17.8 ‘and ‘much |
greater than the 1979 B.C.

92.0 abortions. for every 100
live births...
The. suit says the high ‘

Lions Gate is Indicated in | a
the hospital's statistics. In [ee

applications {were « ap-
proved, 799° of 700. ap-
plications ‘ in. “1981 ‘were -
approved: and 209 of 200.

approved,

Six representatives trom
.. going downto the B.C. Prov
_ provincial competition. Left to rig
Hallsor (Terrace), Rennae Leydler (Terrate),
‘Rowers Marlene Pires, (Kitimat), Neville Hope, (Terrace).

the Pacific Northwest Music Festival ‘will be
inclal A\usic Festival in May te take part in.
ht are: Audrey Faber (Terrace), Bruce
Robert Hick (Prince.

: While. ~ alleging’ : the
conimittes wasn't eps
constituted or didn’t have |
the required majority, the’.
main thrust of: the suit

" EDMONTON (cP) —
- Edmonton} man invited nur

hinges on the Criminal

Code’s use of the word

“health,” a word which
defies consistent definition.

Carruthers and Whelton
want the court to clear up

‘the ambiguity and ‘declare
‘means 8 |

that “health”
*pesifie piyrlenl or mental
illness.

Police powerless against porn

WINNIPEG (cP) —
Winnipeg police say they're
virtually powerless to stop
the flow by private caurier
of hardcore pornographic
video cassettes to Manitoba
from British Columbia.

Clarke Peckover, who
heads Winnipeg’s vice
squad, said Monday ol-

“i aici Yorrace Sb

{635-6675 f

‘ficials are aware that B.C.

firms are ‘using private
couriers to deliver the tapes
to Manitoba.

But Peckover .said it is-
‘almost impossible for police

to - determine, whether
couriers are
potentially obscene *
material and arrests cannot
be made: after delivery
because it is riot'an offence

to possess obscene material :
for personal use,

. “How do you’ know. ‘it’s
being delivered?” he said.

Peckover ‘ | ‘rejected’.
arguments by B.C. video
retailers that. federal
oscenity laws are not being
broken. because the tapes
aren't being . sold. or

distributed ‘by them within ,

the other provinces.
He said the Criminal Code
makes it an offence: even to

+ -, cireulate-obscene material;
a “Gane gpokendt

* for
stores, Red Hot: Video in.
Kelowna, B.C., and - Night:
Time Video in Surrey, B.C.,

carrying

refused to say how many
customers they ‘have. -in
Manitoba, -where. the
provincial ‘government ‘has:

announced a crackdown cn

pornography.

. But spokesmen for both

outlets sald they'do a good

business in the province.
“I'd rather just say we

have hundreds of satisfied

customers: in Manitoba,”

Ontario Provincial’ Police
have suggested sending a
special squad to B.C, unless
something is done about the’
flow of hardcore material
from the West Coast, :

-U. S. ‘Supreme court deals

wane

people to” mutilate‘ them-

selves for. money when he
offered. $5,000: for a tran-
splanted ‘kidney, . Dan
‘Gottesman of the Kidney
’ Foundation of Canada sald

\Monday. .

“This is a moral issue,”
Gottesman, national patient
services chairman: for the
* foundation,. said in an In

‘terview from Toronto.

Any. doctor .who — per-|

, formed such a transplant

“would encourage . body
mutilation for a buck,” said
Gottesman, who ” helps
provide support services to
victims of kidney failure,

Ike: Bryldt, a dialysis
patient who threatened to
end his life if he doesn't get
a kidney transplant, said he-
now wishes he hadn't of-
fered. money when he ap-

-_ pealed for a donor.
_ sald Jim Wilson of. Red Hot :
' Video.

"Tf Thad:to do it all over
again, I would have done the
same without a price tag.”

_A “couple ‘of hundred”.

- people have offered him one
of thelr. kidneys after his -

offer to pay $5,000 for a
_ Kidney, got national media ©

SAA of “i

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WASHINGTON (AP) — The U.S. Supreme Court dealt the
“American. news, media.a double defeat today by making
nationally distributed publications, and the people who
work for them, more tempting targets for be) lawsuits,

: First, the justices ruled unantmously that actress Shirley
Jones may sue a National Enquirer reporter and editor for
_ $20 million in her home state of California. She does. not
"have to pursue her lawsuit in Florida, where the newspaper

7 "and its employees are based, the court said,
“Ina separate deciaion, the court ruled unanimously in 6

‘case involving an $80-milllon libel suit against Hustler
magazine that people. who sue a nationally ‘distributed
publication may shop for the state offering | them the most.
‘ favorable laws and filing deadlines. -

‘The court refused to let. ‘publications and their employees

‘shield themselves behind the free-press rights contained in-

the U.S, Constitution. when trying to fend Off libet suits
” bedause of where they are filed.

“We reject the suggestion that (Constitution's) First
‘Amendment concerns enter into’ the jurisdictional
“analysis,” said Justice William Rehnquist, who wrote the
court’s two opinions. «

* Jones sued National Enquirer. editor Tan, Calder and

|. reporter John South, along with the weekly, over an Oct. 9,

1979, article that appeared under South's name’ It said

. ~ ipiders’* ” reperted that Joniea! 6 husband, producer Marty,

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5

Joly 6th

coverage - Friday, | ‘said
Bryldt. But he sald most
would have done the same if
cash hadn’t been men-
tioned.

offering a kddney — and all
of the dozen he’s selected as
potential donors — didn’t
want the $5,000, he said.
BACKS DOCTORS
Gottesman . supported

~ Unlveralty Hospital doctors -
who say. it’ la wrong te .
_ transplant a kidney from a -

healthy stranger even if the

kidney comes free oof ;

charge.

Although living relatives
sometimes donate kidneys

pecause the chance « of -

success is significantly

_ higher, Gottesman said. the
‘visk - to
“volunteer outwelghs - the
‘benefits of a transplant.
’ “Transplantation és not a’
‘pangeea,"”
~ plaining

an unrelated

he said, ex-
- that. kidney
patients can live jong,- ac-

‘tive lives on dialysis. On the

other hand, the drugs used
to treat transplant patients
sometimes cause illnesa and

-. media, a.doyble defeat . m :

Ingels, had “terrorized his sfilt, ctitisted 4
advertisers and scandalized Elif Wood! “

‘CRYING DRUNK’

hve quatiera of those .

.tedignation of .

- hear . Bryldt’s

~ Man: offers $5000 for. kidney.

a “transplant . batture ° can
mean. six | - months
recovering in ‘hospital.
Gottesman paid . Bryldt
was childish: ‘for. refusing to
walt until, a. kidney: tran-
splant was avallable, from
an accident. victim...
’ But Bryldt said hisi bones
and atérles .. .have
deteriorated * In the:: four

years he has - been on

dialysis, ‘since, his Kidneys
failed. '

. He also’ called. for. ‘the
Marlene-
Antonio, chairman. of .the
Alberta Human Rights
Commission: Antonio-.said

‘earlier ‘Monday. the ,.com-

mission probably’ wouldn't
complaint
against University Hogpital

‘doctors ‘for refusing. to

transplant a Kidney fr from a

stranger.

“fe would ‘be “highty
doubtful’ we would took “at .
it,” sald Antonio. She-noted
the commission deals: with
discrimination rather: than
human rights issues,....:~

“Il can't understand
where the . discrimination
would come into play.”

os
rs ut F

The story said Jones was % upset by Ingels’s behlivior
that “by 3 o'clock in the afternoon she’ sa srying: ‘drunk” ,

and unable to work.

The coupte's sult, from which ingels later dropped ut,

contended that the article was full of untruths. It sought

damages for libel, invasion of. privacy and intentlorial in-
fliction of emotional distress. ~

The Enquirer, which has its hendquarters in ‘Lantana,

“Fla., and ig goldin supermarkets across North America, did

not contest California courts’ ‘aithority over it, But Calder
and South balked at having to be’ part of the California

proceedings.

After losing their argument ina California appeals court,
they sought help from the U.S. Supreme Court, the coun-

try’s highest court.

- The court’s decislon in the Hustler case was the result ofa
libel sull filed against the pornographic magazine by Kathy
Keeton, vice-president of competing: Penthouse Magazine
and described in court papers as the common law wile of
Penthouse publisher Robert Guccione.

‘Keeton, a New York City resident, says she was Libelled
by a 1976 issue of Hustler in whieh a cartoon indicated that
Guccione infected her with venereal disease.

» at

“CONTACT CECI, MOORE

- Terrace Travel .
4611. Lakelse Ave.
635-2281

aC