‘| The City of Vancouver has no right to prevent any citizen from distributing - leaflets on any street—at least until a new bylaw is passed by city council. The right to distribute leaflets—an important part of the fight for freedom of the press—was confirmed Thurs- day this week when Vancouver County Court allowed the appeal of Richard Donnelly and dismiss- ed the charge laid against him in 1953 when he distributed leaflets during an election campaign. City prosecutor S. McMorran told the court that the city agreed that the bylaw under which Don- nelly was charged (Section 81 of the Street and Traffic bylaw of~ the City of Vancouver) was ultra vires, or beyond the jurisdiction of the city to make laws. The bylaw was passed October 30, 1944, by city council under the authority given to it by a provincial statue (the Vancouver Incorporation Act, passed in 1921). Under the bylaw many leaflet distributors have been charged and fined, while others have been ‘ ‘intimidated by police to the point where they gave up their distri- bution work. Donnelly was giving out leaflets during the provincial elections last June when he was charged under the “littering the streets” bylaw and fined $5. He appealed this conviction to the County Court Judges Criminal Court. The League for Democratic Rights took up the case at this point, considering that democratic freedoms were at stake. Grounds upon which the appeal was taken were that the bylaw was ultra vires, being a restric- tion of freedom of the press, which is a federal matter and therefore Labor jubilant, 414 seats won LONDON Feeling is widespread among members of local Labor parties that Labor’s gain of 414-seats in municipal elections just conclud- ed was due to the fight they have conducted against German _ re- armament and for banning of the H-bomb. Labor gained control of 11 - boroughs: Northampton, Lough- borough, Stockport (Cheshire), Ipswich, Stafford, Walsall, Bas- ingstoke, Hyde (Cheshire), Chard » (Somerset), York and Reading. Tories suffered a net loss of 290. seats. Communist candidates polled a higher vote in many districts, holding a seat at Aberdare with an increased majority. ADMISSION - 50c i Cre tn tnt ee beyond the jurisdiction of the city; and that the. empowering statute did not give the city auth- ority to make such a bylaw. The trial and appeal were handled by H. L. Dean as coun- sel for Donnelly. Since the Donnelly case began a new charter for the City of Vancouver has beeh approved by the legislature. It specifically gives the city the authority (un- der Section 319 E) to regulate! the distribution of advertising matter to persons or vehicles on any street, and to prohibit per- sons from distributing such mat- ter if it is likely to be thrown _ or left upon a street. No new “littering” bylaw has been passed as yet, although amendments are being consider- ed to the street and traffic bylaw. As it stands now, following the court decision in the Donnelly | appeal, the Present “littering” by-° law is ultra vires and no one can be prosecuted for violating its terms. However, this is subject to immediafe change if council acts within the powers given in the new city charter, and enacts a new bylaw (probably using the same words as in the present ultra vires bylaw). If such a bylaw is made, under the new charter its validity must be challenged within one month after it is passed by council. Labor should be prepared to make such a challenge because its own -rights particularly and the democratic rights of all. citi- zens are at stake. Distribution of handbills has always been considered: part of the battle -for freedom of the press. A “littering” bylaw, there- fore, is actually beyond the pow- ers of city council, and also be- yond the powers of the provin- cial government, because the fed- eral government has long been held to be the sole authority to control the freedom of the press in discussing public affairs. Decisions of the Supreme Court of Canada, which holds this to be true, are based upon the British North America Act, which dele- gates various powers to the pro- vincial and federal governments. Matters relating to freedom of the press have always been con- sidered to be criminal matters and have been expressly dealt with by the Criminal “Code. Criminal law is strictly a federal matter. Neither a province nor a city has the right to curtail freedom of the press. ca oh) I) in ne — MAY 21, - Electioneer wins appeal: leaflet pel ul tra ¢ am ei AN ih ( NVA TFS CLIN IES Mbvvessens Pa fa E I= 1954 Dr. James G. Endicott, shown here with Mrs. Endicott, has just returned from Japan. He will speak on the Japanese peace move- ment at several meetings in B.C. next month. Dr. Endicott to speak on Japan at city rally Dr. James G. Endicott, who has just returned from Japan where - he attended the World. Pacifist Conference, is coming to British Columbia during the first week of June for a series of public meetings, B.C. Peace Council an- nounced this week. Dr. Endicott’s major appear- ance will be in Vancouver at Ex- hibition Gardens, Friday, June Fa at 8 p.m. Tentative plans also call for meetings in Courtenay, June 2, and Nanaimo, June 3. Dr. Endicott was in Japan when the United States shocked the world with its Bikini hydro- gen bomb explosion. Almost every day, during his stay in Ja- pan, radioactive fishboats’ came into port. TT He ATH TUT ty Pee a ATRL SUMS Dr. Endicott will report on Japanese reaction to the blasts, on the tremendous peace campaign being waged against the bomb by the people of Japan. The conference he attended was held in eight different cities, in- cluding Hiroshima and Nagasaki, where Dr. Endicott was able to see for himself the terrible mean- ing of atomic warfare: “We expect this will be the most interesting and vital ‘report Dr. Endicott has ever had to maké to the people of British Colum- bia,” said Ray Gardner, B.C. Peace Council chairman. “Not only will we be given a full re- port on the Struggle for peace in Japan, but a burning indictment of the hydrogen bomb.” TT Tt ei} HL UOTE TE TEE Te Tet Tie Tr | TET TA TE Tt tit tir ir tet ty un PROM TMT eT ee Oe ed Oe Mus Dr. James G. Endicott DR. ENDICOTT HAS JUST RETURNED. FROM A WORLD HIROSHIMA AND SEVEN OTHER JAPANESE CITIES. HAS AN INTERESTING AND VITAL REPORT "TO MAKE CONCERNING THE HYDROGEN BOMB AND THE CAUSE OF WORLD PEACE. - Friday, June 4 -- 8:00 p.m. -- Exhibition Gardens | PACIFIST CONFERENCE HELD IN B.C. PEACE COUNCIL ina iain vires Coie DUMPING ‘is, going increasingly to pay for U.S. potatoes and vegetables dumped on the B.C. market by the carload. And on Vernon city dump the’ piles of potatoes and onions a higher. “Until Ottawa wakes up and protects the vegetable men they haven’t got a chance,” writes one correspondent in the April issue of The Cream Collector here. But Ottawa is more concerned with the profits the monopolies are reaping from “integration” with the U.S. than with the ruin ous consequences of this policy to farmers and small . business men. In the meantime, U.S. fruit and_ vegetable interests are pressing their advantage. U.S. experts are now trying to. show that the soil of the Okan- agan Valley, famous throughout the world for the fruits and veget ables it produces, is losing its fet tility. By “proving” that com petitive U.S. fruits and vegetables are superior they hope to make further inroads on the Canadian market. The effects of a government policy that fails to protect grow * ers from U.S. dumping and im- poses restrictions on potential markets for Canadian products are apparent today in the Okanagal- Potatoes are selling at 50 cents © a sack in Salmon Arm. Onions and carrots are rottin’ on the city dump at Vernon. Hay is selling at $12 to $15 4 ton—when it can be sold at But many farmers have a two- year supply of hay which they cannot move at any price. The income’ of Okanagan fruit growers has fallen by an estima’ ed $10 million a year. ‘ These are the bitter fruits the St. Laurent government’s POX cy of “integration” with the U Vancouver still has 18,000 unemployed Although unemployment fig: ures have dropped sharply ‘: Vancouver during the P4 — month, there are still 18,107 sole seekers registered with the tional Employment Service, whom more than 5,000 are phe men. : ak Jobless total hit a winter js : of 32,275. Latest figures sh 45: percent drop. 0: nial tt ysl atimintiall ima ele 2 PACIFIC TRIBUNE — MAY 21, 1954 — PAGE ©