Across Canada Premier hits folly of shelter FREDERICTON — Richard Hatfield, the premier of New Brunswick, has lit into Ottawa dreams of building a nuclear fallout shelter in eeeneeee eee y controversial tests may go ahead even if the matter is unresolved in the courts. The five-year missile-testing program by the ‘USA calls for the launching of Cruise missiles over Canada by U.S. B-52 bombers. Canadians this capital of the province. “There is no place to hide and that is why nuclear war has to be dropped as an option,”’ Hatfield told the press. a Emergency Planning Canada wants nuclear pits shelters planned in all capital cities, to preserve. | government leaders in the event of a nuclear attack on North America. Hatfield expressed surprise that the federal government wanted to spent $3.3-million on a bunker it claims would save the premier and provincial officials in a nuclear war. While not ruling out what his successors might want, Hatfield, a Tory said: ‘‘It seems self-defeating to be talking in terms of shelter Pees when the prime minister of our country is out : cae 1 Game tonic peace Canadians who have never lost their infatua- | tion with rail travel will welcome back the ser- oy vice, while “‘people along the northern line on . the Prairies certainly indicated they wanted the Canadians still oppose Cruise train back,’’ Murray said. TORONTO — Ina scientifically constructed poll of 1,000 people, designed to be accurate within four percentage points 19 times in 20, the Toronto Star found that 47 per cent of Cana- dians were opposed to Cruise testing in Canada when questioned in December 1983. In the same poll, 43 per cent said such tests should be per- mitted, and 10 per cent didn’t know. However, a year earlier 52 per cent were opposed, 37 per cent in favor and 11 per cent didn’t know. It suggests that the pro-Cruise media have stepped up the propaganda pressure. have protested in their tens of thousands against the testing of the Cruise missile in Canada, and against the deployment of the Cruise and Persh- ing II in western Europe. Public pressure opens rail lines REGINA — The Via Rail service between Winnipeg and Saskatoon, abandoned some two - years ago, will recommence this summer, Via’s western vice-president says. Announced by Harold Murray, the new train, as yet unnamed, will connect with Via’s present transcontinental train, The Canadian, at Win- nipeg. The new train will have about 75 coach seats and 25 berths. Cruise missile testing contested OTTAWA — The Supreme Court of Canada has set February 14 — Valentine’s Day —as the date for a hearing of a constitutional challenge to the Cabinet’s decision to permit U.S. Air Force testing of the Cruise missile in Alberta. The first tests are scheduled for early march, and both the courts and massive public pressure can have an effect on the government. Justice Minister Mark MacGuigan says the Communists call for his removal Judge’s rape rating condemned TORONTO — The sentencing was extremely difficult for him to in 17 victims report sexual assault of a Toronto man to four years in back off or restrain himself... to the authorities’, charged On- prison, Jan. 20, for a rape which the judge rated at ‘‘two ona scale of | to 10” indicates that changes in the rape laws have not per- meated the courts. After intense lobbying over a number of years from women’s and law reform groups, the fed- eral government altered the crim- inal code in January 1983 to re- define rape as ‘‘sexual assault, sexual assault causing bodily harm and aggravated sexual assault’’. It also placed restric- tions on how a woman’s past sex- ual history could be used in court. The motive behind the changes was to indicate that rape was an act of violence, not crime which the victim brings upon herself. Apparently unaware of the revisions County Court Judge Bruce Hawkins in his summation to the court said that rape ‘‘is a crime that is brought about by a person’s inability to control his libido”. Further he said that ‘classically there are circum- stances in which the rapist may have been led by the conduct of the victim to the point where it there are situations where victims sometimes almost seem to be the authors of their own mis- fortunes”. Also figuring in the judge’s summation was the victim’s occupation, exotic dancer, al- though he noted the 23-year-old mother had not enticed her at- tacker. The judge’s comments gener- ated considerable public outcry. Ina telegram to Attorney-General Roy McMurtry, the Toronto Rape Crisis Centre said that ‘‘rating rape ... trivializes a very serious crime. It indicates that some rapes are not as bad as others.” In an interview with the Tribune a spokesperson for the Centre said the judge’s attitude “‘is incredibly dangerous. It ab- solves a rapist from any respon- sibility. It says men are at the mercy of their hormones, of being aroused, then (women) get blamed for arousing them.”’ Statements in the courts, like those expressed by Judge Haw- kins, ‘‘which are not an excep- tion, indicate why fewer than one 6 e PACIFIC TRIBUNE, FEBRUARY 1, 1984 tario Communist Party leader Gordon Massie. ‘‘A less than two per cent conviction rate for this crime shows the minimal regard this system has for women and for justice:”’ Massie said it would be of little consolation to the woman in the case to be told she could have been even further brutalized. “Any judge who is so uncon- versant with the changes in the law, and worse has such a disgust- ing view of what constitutes rape has demonstrated he is not fit for the job and should be removed,”’ he stressed. The attorney-general has a spe- cial responsibility in this regard, said Massie. “‘He appoints the judges, and it is his task to assure they are sensitive to community needs.” The New Democratic Party has called for a judicial review of the case. The attorney-general’s office said the trial would be studied to determine whether to launch an appeal. have limitations © By KERRY McCUAIG Mixed reactions have met Justice Minister Mark MacGuigan’s proposed amendments to the Divorce Act. Tabled Jan. 19 in the House of Commons, the reforms are intended to humanize pro- ceedings by allowing couples a no-fault divorce after a one-ye separation. : The Bill’s supporters say it would help alleviate the adversary nature of divorce cases where one spouse is obliged to prove the other guilty of misconduct, usually adultery or cruelty, or wait out a three-year separation. Such an atmosphere, they point out, — is not conducive to sorting out child custody or property arrangements. d The changes would also help ease the backlog in the courts and save on costs. Fees for an uncontested divorce range from $600 to $1,000. Separation, followed by adultery, together constitute 80 per cent of the grounds cited in divorce_petitions. More than 90 per cent of divorces are uncontested. But some argue that the proposed changes do not reflect the unequal position of women in marriage, the economy or society. Sections Retrogressive Toronto lawyer Lynn King, author of ‘‘What Every Woman Should Known About Marriage, Separation and Divorce”’, told the Tribune in a telephone interview that sections of the bill were “retrogressive ... and will probably result in support orders being less than currently awarded.”’ If passed, the new Act would place time limits on support payments, indicating that a woman should be self-supporting within a specified period. If the woman finds she is not financially independent when the period expires, there are no provisions for appeal. nt may sound nice”’, says King, ‘‘that both spouses should be self-supporting, but it doesn’t take into consideration women’s unequal position or unemployment levels. Many marriages still have traditional divisions of responsibilities, where women caITy on the home functions and as a result don’t pursue, or curtail, their work options.’ The courts will no longer be required to examine this when awarding alimony. The bill also removes some of the criteria the provinces now consider when determining payments. These include a spouse's right to be supported to ‘‘the standard of living to which they have been accustomed”’. “In the past this has encouraged healthy — support orders’’, King maintains. ‘‘The trend in all likelihood will be towards smaller awards’’. In anews release, Doris Anderson, head of the National Action © Committee on the Status of Women argues that the reforms may — reduce the already weak bargaining power women have on mar- — riage breakdown. A husband who abandons his family must wait five years | before applying for divorce, unless he reaches an agreement with his wife in the interim. Under the proposed one-year separation, | rather than negotiating with his wife, a man has only to wait out | the shortened period, she said. 4 The Canadian Advisory Council on the Status of Women is — critical that the bill does not provide for an agency which would | go after spouses who defaulted on maintenance payments. > Women seldom receive adequate alimony or child mainten- | ance. More than half the court-ordered payments are never made | and of those that are the median is only $1,500 a year. Marriage An Economic Contract Of course the divorce laws cannot be expected to address all of ” society’s ills. Marriage under this social system means a couple has primarily entered an economic contract and undertakes all — financial and social responsibility for any children. Divorce laws in Canada are not designed to deal with the realities of unemployment, unequal pay for women, the lack of child care or the cost of living. Women have entered the workforce mainly out of economic — necessity. Over 53 per cent of married working women have — spouses who earn under $10,000 a year. Where a couple’s com- _ bined income may allow them to survive, marriage breakdown results in severe economic stress, particularly if there are chil- dren. Proposed changes which will enable grandparents to claim custody of children are probably in response to situations where neither parent is financially able. However this is hardly an ideal solution. ‘Four matriages out of 10 now end in divorce,”’ notes Nan McDonald, director of work among women for the Communist Party. ‘But the statistics do not indicate the number of unhappy unions that are foisted on people out of financial necessity. “If the Tories and others are worried that reforming the di- vorce act will cause people to take marriage ‘lightly’, they should look at the figures that show divorce rates rise in times of economic crisis, and start by addressing that problem’’, she said. ““Worrying where the money is going to come from for rent, food — or the kids’ shoes is a severe strain on everyone in the family.”’ McDonald said that, ‘‘although the proposals skirt the realities of today’s situation, there are some that we can welcome. How- ever, getting their economic due from marriage will not solve all of women’s problems. It is only when women have full social and economic equality that marriage will become a true partnership.”