th RL

LEGAL TECHNICALITY

Thousands may be denied

protection of Tenant Act

Thousands of tenants living in, downtown hotels and rooming houses may be denied even the limited protection provided by the Landlord and Tenant Act unless the provincial government moves quickly to remove a legal technicality in the Act which ex- cludes such tenants on the grounds that they are “‘licencees.”

The legal distinction would have disastrous effects on pensioners who comprise the majority of residents since neither the just cause for eviction clauses in the new Landlord and Tenant Act nor the provisions of the Interim Rent Stabilization Act would apply.

The case came up this week following reports that rent. in-

BRITANNIA

Cont'd from pg. 1

people of Britannia are not simply disposed of by this giant U.S. monopoly.” :

_ Morgan added that the closure was ‘“‘clearly linked” with the mining companies’ scare cam- paign against the Mineral. Royalties Act and was aimed at intimidating the government into backing down. “‘Lives don’t mean anything when a mining com- pany’s profits are threatened,” he charged.

The Britannia mine has been operating continuously since 1899 but was taken over by Anaconda in 1963. One of the biggest mining corporations in the world, Anaconda has major copper holdings in Chile and figured considerably in the fascist coup there in September 1973.

Most of the men presently working the mine which climbs steeply up the bluff from Howe Sound have been there since the 1964 campaign which forced a stay in the companies’ decision to close the mine. Even those 10 years have meant jobs and homes for -300 miners. But now the decision has again come from New York to shut down, and the reasons given by the company are remarkably similar to what they were 10 years ago.

“Most of the people here don’t want to leave,”’ Don Collins said, “they’ve got homes here, their kids are going to school — they don’t want to leave.”

‘share washroom or

creases ranging from 30 to over 100% were issued at the Drake Hotel on Powell Street in Van- couver. When he took the issue up with the rentalsman, Downtown Eastside Residents Association president Bruce Eriksen was told that he had first to determine whether or not the tenants had “exclusive possession” of the rental premises, whether facilities were shared by several tenants and other related questions.

The term ‘‘exclusive possession” is the decisive phrase in

distinguishing between what is.

legally a “tenant” and a “licen- cee” since, without that exclusive possession, an occupant is said to be a licencee and, as such, outside the provisions of the Landlord and Tenant Act.

The term is rooted in common law and supported by a host of

legal precedents in Manitoba,

Ontario and elsewhere. Occupants of a hotel or rooming house -who kitchen facilities or who cannot have guests after a certain hour — both usually being the rule in hotels — are deemed not to have exclusive possession and are therefore only licencees, even though they may have rented the room‘on a monthly basis over a period of several years.

The new Landlord and Tenant Act states specifically that it does

not apply to ‘‘an occupation of land _

or residential premises that, at common law, would be considered to be a licence to occupy land.”

The Drake Hotel is the first case where the legal distinction appears to have been invoked and the magnitude of the rent increases indicates that landlords in various downtown hotels and rooming houses will charge everything the traffic will bear, since tenants apparently have no legislation to protect them. 3

WORKING MOTHERS

The Department of Labor’s’

Bureau of Labor Statistics in the

U.S. reports that half the married.

women with children as young as age 6 were working in 1973, com- pared with only 39 percent in 1960. Almost one-third of the mothers of pre-school children were working in 1973, compared with less than one-fifth in 1960. —

PACIFIC TRIBUNE—FRIDAY, OCTOBER 11, 1974—Page 12

By WOODWORKERS CTTEE, B.C. COMMUNIST PARTY

In terms of policies adopted, the 37th convention of regional district #1 of the International Wood- workers of America was by far the most progressive in many a year. If any one issue predominated, it was certainly the layoffs affecting

~ some 11,000 IWA members in this

province. An emergency resolution sub-

mitted by the resolutions com-

mittee commended the provincial government for inviting IWA regional president Jack Munro to accompany the government delegation on a recent trip to the People’s Republic of China in search of markets. It.called on the provincial and federal govern- ments to “extend the search for markets to all other socialist countries and newly-emerging states.”

Within the resolutions com- mittee, some members fought to have the word “‘socialist”’ deleted because their thinking was still colored by cold war ideology, but they were defeated. The resolution went to the floor in its original form and was unanimously adopted.

The main debate on unem- ployment took place while federal labor minister John Munro was present and several speakers did an excellent job in linking the question of unemployment in the industry with the need for a massive attack on the housing problem by all levels of govern- ment, with strong emphasis on low rental housing, lower interest rates for mortgages, massive land assemblies for housing and the elimination of profiteering.

COMINCO

Cont'd from pg. 1

after 30 years’ service at 58; or on $400 at 55 after 30 years.

Union leaders in Trail say the cost of living clause is one of the best negotiated in B.C. and that it will provide for a 1.35 per cent increase for each one point rise in the cost of living. It also contains a “roll in’’ provision under which cost of living increases up to Oc- tober 1976 will be combined with wages in one package, and could

- not be reduced even if the cost of

living should decline. Every three months after, there will be a three months’ cost of living adjustment of 1.35 per cent.

Union leaders estimate that the COL clause will mean an ad- ditional 15 to 17 cents an hour raise every thrée months if the cost of living continues at its present rate.

Two demands thrown in by Cominco in the previous round of negotiations, which contributed to their collapse, were withdrawn by the company. These were the proposal that Kimberley workers go on continuous production jin- stead of the present 5-2; and a change in the expiry date of the agreement. The company has agreed to the union’s proposal that the expiry date will be 30 months’ from date of signing, which it is expected will bring the next expiry date to April, 1977.

Even though a vote of ac- ceptance came next week there may be no immediate return to work unless Cominco reaches a settlement with 500 office workers, members of the Association of Commercial and Technical Em- ployees, who are also on Strike. Cominco and ACTE started bargaining Thursday.

ason commer | IWA convention marke@ by progressive policy

Another resolution calling for the elimination of the 11% federal sales tax on building materials was amended to include elimination of the provincial sales tax.

If there was any weakness in the

debate, it was the failure to drive home the fact that the present lumber crisis is part of the current crisis in the capitalist world. The fact that the lumber industry in this province is so heavily dependent on American markets, while the U.S. is in a crisis, calls for a new orientation.

The continental policy adopted

by big business and its political.

parties after World War II has meant disaster for B.C. wood- workers.

Clearly the long-term solution. to the problems of those woodworkers is connected with the fight for Canadian independence from U.S. domination, the search for new markets and an independent foreign policy based on detente and peaceful coexistence with the socialist community of nations and the newly emerging countries. Certainly it is very much part of the campaign for nationalization of key sectors of the economy.

There was a good beginning in turning the convention in ‘this direction — but only a beginning. Much more remains to be done, to fight for the implementation of the policies that were adopted and to deepen the understanding of the membership as to the causes of the current crisis. The Communists in the industry have a_ special responsibility in this regard.

Among the important resolutions adopted were nationalization of foreign-owned resource com- panies, nationalization of B.C. Telephone, maintenance of the eight per cent limitation on rent increases, a rollback on prices, higher income tax exemptions and prosecution of monopoly cor- porations guilty of profiteering.

With an eye to the 1975 contract talks, the convention also called for coordination in negotiations among the IWA in B.C., the two pulp unions and the IWA south of the border.

All questions pertaining to specific demands for the coming negotiations were referred to the wage and contract conference Slated for February. Among the issues were union hiring, a shorter work week, percentage or flat sum wage increases, grievance procedure and the “‘no contract, no work”’ proposition.

A resolution calling for delegated quarterly conferences, however, was defeated — an unfortunate defeat, because such conferences would go a long way toward providing the necessary com- munications in such a far-flung union and a two-way flow of in- formation and opinion between the membership and the leadership.

It is to the credit of the IWA that two excellent resolutions on Chile were adopted. One called for the release of all imprisoned trade unionists and the restoration of free trade unionism. Another called for the freeing of all political prisoners, the restoration of democracy, withdrawal of Canadian diplomatic recognition of the junta, an end to Canadian trade or credits and the opening of Canada’s doors to Chilean refugees.

It came as a surprise to many observers, after the recent turmoil in the IWA, that there was no op- position to the official slate for executive positions. The

i ; fe if

‘ch close! | “presidents’ club” which close | ranks in recommending t it settlement hammered of | Victoria under the auspie ati provincial -minister ol presented a solid front. The ral the.convention and the con ‘ of the local delegations we" wile | that there appeared to Pe le | support for opposition me | The officers’ who were VIB of te |

opposed by a large section membership duritey negotiations were @ pt

strengthen their control va ching up their differ a presenting a united from a membership. “+0 | It was 2 contradiction that i little of the mass dissatis!@ a few months ago reflection in the debate. at | be explained by two factors. gilt the almost overwhelming Wr iat the unemployment situatio iti | industry. Second, the compe i of the delegations inate expressed the widespre@ i ot voiced a few months ago ee, { vigorous and deme” leadership. 5 Now, ai priority talks a the agenda. The first ' plement the genera i of program which was adop yolv! fight for jobs. It must 1 ais. membership in all the loc? second involves eee on the upcoming wage coniterense’ For the Come and other left-wingers 12 dustry, -there 1S challenge, Their job will be | to bring clarity to a vere situation and to unite 400 bership around forwar' licies. M There can be no retreat j fight to preserve all living standards in the ra

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layoffs. Instead, the fi , better contract must be Fy

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olitical dem : mobilize the membership a trade union movement aca of in the fight for new " f | policies and full employ™™_

TENANTS |

Cont'd from pg: 1

the courts and not the ret “Tf this is so,’’ Yorke pe fo “it is a major rele gi government. One can im sal absurd it is to put the tho¥ violations into the cout evel) But the most shocking é il) came this week whew {0 Eriksen and_ the Eastside Residents A exposed that the new i end fectively stripped 4 eded rights from those that n¢ n poh the most: the roughly 'F get of tenants living 1 12)» aaah) hotels. (See story, pase cfiba) “We have reach stage,” Yorke stressed, mee to intensify our position ide “| | what the government must carry through plans.” to rae Ee The tenants intend e ca maximum pressure 01 © ty

xy jt i | to retain the 8% ceiling, pe! Wt

main instrument being ie campaign to culmin@ October 23 lobby. pe

‘annaire Willa

A questionnaire W? "ion culated with the perme gather information i0 ” to io 3 McDonald’s ‘‘challeng ta

_ port their position W! veh

evidence. : pave

Public meetings oD oe scheduled in Richmond % 16; in Surrey on Octobe Vancouver October 20-

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