oe —— Page 4 Cassiar Courier May 1987 OFFICE OF THE i PREMIER Bill Vander Zalm It’s hard to think of anything that could be more democratic or fair than the legislation we intro- duced relating to bargaining rights for teachers in Brit- ish Columbia. The legislation gives teachers access to full bar- gaining rights, allows them to organize as a union, seek certification and to bargain terms and conditions of employment. As members of a union, teachers will have the same range of options available to any trade unionist, including the right to strike. In turn, the Industrial Relations Act gives school boards full employer rights, including the right to lock out. What’s really democratic about the bill is that it does not make union membership mandatory. That decision will be up to the teachers them- selves. Within school districts, they’re free to opt for union status or they can vote to be members of a tea- chers’ association, Because teachers’ associations will not be cer- tified as unions under the Act, they will not have the right to. strike. They will, however, have full bargain- ing rights and arbitration will be used to resolve mone- tary disputes. We’ve also created a new College and given it a mandate to control the quality of entrants into the teaching profession. And while we’ve removed the statutory require- ment that previously made membership in the B.C. Teachers’ Federation mandatory, all teachers will be required to be members of the College, which will grant certificates, encourage professional development of teachers and act as a disciplinary body. 2 While some teachers’ spokesmen are unhappy that membership in the BCTF will no longer be com- pulsory, it’s both fair and appropriate that teachers have the freedom to choose for themselves. If teachers decide to seek union certification and opt for the BCTF as their bargaining agent, that’s their right. And if they decide to form a teachers’ associa- tion, again that’s their privilege. In a democracy, no one should be co-erced into joining a union nor should any group or organization such as the BCTF be automatically given full union status. Nothing could be fairer than letting individual teachers decide for themselves in a democratic voting process. Freedom of choice -- in this case, whether to join or not join a union -- is a basic right for every in- dividual and our teachers should not be denied the op- portunity to determine their own future and destiny. Let’s Put The SPORT Back Into Amateur Sports! by Lorraine Drzimotta As an ardent viewer of the Cassiar Minor Hockey Tournament on March 27th-29th, I’d like to express my opinion on the vast amount of checking during some games, and offer a possible solution. What’s happening to the temperment of the players? In some of the categories kids seem to be learn- ing how to fight first, then to puck handle. Somehow, I feel that first impressions have a lot to do with this. The first time a child steps out on the ice in full hockey gear, are they encouraged to “skate with the puck” or “take out your man’? I realize checking a player has a lot to do with the game. But, after watching some of the games that weekend it’s getting hard to tell where the hockey playing comes into the sport. Perhaps coaches and parents could encourage the basic aspect of skating during practice time. A better balanced, faster skater need not resort to violence to get the puck. It works both ways. The more prepared at your sport, the least liable you are to get checked badly. In other words, a frustrated skater will try al- most anything, less the skills of the game, to get ahead. This results in a lot of fighting and time consuming penalties for his team mates. Maybe more time should be spent on developing skills and plays that a team could fall back on when the going gets tough. A steady, consistent practice time, setting specific goals for each player, might give the individual a stan- dard in which to strive for. Checking in itself should be learned to be part of the game, not the game itself. Maybe by starting right here in Cassiar, we could bring more of the “‘sport” back into-amateur sports. LARRY GUNO, M.L.A. (Atlin) During last fall’s provincial election cam- paign, Bill Vander Zalm promised the people of B.C. “a fresh start.” He said we would have “open govern- ment,” jobs, and new opportunities. British Columbians, for the most part, believed what he said. So they elected him and his party. In fact, many New Democrats hoped there would be a change, and looked forward to a less confrontational and more open ap- proach. Maybe, just maybe, Bill Vander Zalm really had changed. Well, unfortunately, it seems old habits die hard with the premier, as we’ve seen with events since the election, especially with the new budget. Before and during the election campaign, the premier told us jobs would be the top pri- ority, and his govermment would use “our financial resources to that end.” But now he says fighting unemployment isn’t his job. Let the private sector do it, he says. He didn’t tell you during the campaign that your taxes would rise, or that seniors would be forced to pay for needed health services, like physiotherapy and chiropractic treatments, or that they would have to start paying for prescription drugs. Opposition Leader fata ea BOB SKELLY Crp, The fathers of Confederation at Charlottetown and Quebec might be forgiven for not considering the rights of aboriginal nations when they framed the British North America Act. They at least had a vision of a nation stretching from ocean to ocean, one which would one day play a very significant role in world affairs. Unfortunately their failure to recognize abor- j= 4 iginal rights led to two rebellions in 1870 and 1885. The Constitutional debate since 1982 almost neglected the first nations of this country - and I am proud of the fact that the National leader of the New Democra- tic Party, Mr. Broadbent, insisted on the protection of aboriginal rights in our constitution as a condition of his support for that document. It was universally recognized that the current constitutional wording is insufficient — and an oppor- tunity was given to first ministers to develop amend- ments on the recognition of native governments which RANDALL APPOINTED — POSTMASTER IN CASSIAR Phoebe Randall has been appointed Postmaster, at the Cassiar Post Office, effective April 25, 1987. Phoebe arrived in Cassiar in 1981; coming from Honey- moon Bay, B.C. She started parttime at the Post Office in June, 1983 and was promoted to Senior Assistant in March of 1984. : & He didn’t say, “Elect us and we will raise the provincial income tax for low and middle income people; elect us and our senior citizens will have to start paying more just to live ac- tive and comfortable lives.” But that’s just what he’s doing. Bill Vander Zalm has given us a budget that’s basically un- fair. Here are a few examples: *Personal income taxes are up. If you have a taxable income of $10,000 to $20,000, you will pay 8.4 per cent more, but those earn- ing $60,000 will only pay 3.4 per cent more. *Taxes on small business are up 37 per cent. *User fees of $5 a visit will be charged for visits to health professionals, such as physio- therapists, podiatrists, etc. *Senior citizen Pharmacare users will now be charged 75 per cent of dispensing fees, to a maximum of $125 annually. | trae *The marginal tax Tate paid by those in the highest tax bracket is currently the third lowest in the country. Now, says Finance Minis- ter Mel Couvelier, the new budget will make it the second lowest. New Democrats are saying it doesn’t have to be like that. B.C. needs a government committed to fairness, it doesn’t need one that promises one thing before an election and does the oppo- site after. Government has to take a leading role in facing our problems, in fighting unemploy- ment, in representing seniors, the unemployed, our young people, and small business. That’s what New Democrats believe, and that’s what we'll be fighting for now and in the months ahead. would resolve ancient injustices and provide new oppor- tunities for all Canadians, native and non-native alike. The first ministers had an opportunity to lay the ground- work for a new Confederation. Many people spoke eloquently about the opport- unity this meeting presented. Unfortunately the opport- unity was bungled -— I believe because of the lack of vision of the three western Premiers in particular. If they had been present at the Confederation Confer- ences in the 1860’s, I am convinced Canada would not exist as a nation today. Much of the blame for the failure of the first ministers’ conference must fall squarely on Bill Vander Zalm’s shoulders. The man who promised a fresh start for all British Columbians proved to be every bit as stubborn on the question of aboriginal rights as his predecessor. The failure to reach an agreement means’ continuation of confrontations that divide our commu- nities and endless legal battles. I hope this Premier will examine his conscience, consider his responsibility to future generations, and modify his intransigent position on the issue. Other- wise instead of a fresh start on the question of abor- iginal rights we are left with a legacy of bitterness and frustration. From ICBC’s Files: Father, Son Try For Full Discount - And Fail! There’s no doubt about it: the son’s car was registered and insured in his father’s name to take advantage of the full Claim-Rated Scale discount. The misrepresentation came to _ light when the son ran his car into a deer on the highway, causing about $250 damage to the vehicle. His father, as the apparent insured, claimed for the loss. When the adjusters looked into the case, the misrepresentation became clear and the claim was denied. The driver’s licence histories showed that the car had been bought about six months after the son’s 16th birthday. The son said he had bought the car and, on his father’s ad- vice, agreed to register it in his father’s name to take advantage of the discount. His father at first claimed ownership and denied that it was his son’s car. However, he agreed that his son was the principal driver and that his son paid for repairs and mainten- ance. The son was not entitled to the four- year discount and they had misrepresented the true situation purely to take advantage of the father’s discount. Since there was clearly intent to defraud ICBC, the breach was up- held and the claim denied. This is the first in .taken from actual claim files. a series of incidents The courtroom was packed as Tom Brogue of Cassiar appeared on April 16th, 1987. Brogue, charged with trafficking in marijuana, possession of marijuana and possession of cocaine entered a plea of “not guilty” on all charges. He stood trial before a jury, Judge Sherry Sethen presiding. Crown Councils Amarjit Athwal and Celenka Krawczyk called three witnesses for the prosecution who told a story of Tom Brogue using and selling drugs on many occasions. The first witness, Officer Hamstead, a police off- icer for eight years, had apparently stopped Doug Benning and girlfriend, Sandra Volsky, outside the recreation centre on August 3rd, 1986. Hamstead had reason to suspect they were in possession of narcotics and subse- quently searched Benning and confiscated a bag of what appeared to be marijuana and a “joint”. Benning and Volsky were then taken to the police station and ques- tioned. During questionning, Benning told Hamstead of purchasing the drugs from Tom Brogue and the hiding place of the drugs in Brogue’s apartment. A search war- tant was obtained and Hamstead, accompanied by another officer, proceeded to 143 Hunt Street, Cassiar and searched the apartment in Brogue’s presence. A bag of what appeared to be marijuana and another of what appeared to be cocaine were found taped to the bottom of the toilet tank. Two packages of “baggies”, a black light poster and a black light were also taken as evidence. Brogue was subsequently charged and taken into custody. The Provincial Laboratory confirmed the bags did contain marijuana and cocaine. David Benning, an unemployed labourer, took the stand for the prosecution. He related that on August 3rd, 1986 he had paid Tom Brogue $225.00 for an ounce of marijuana. This had taken place at Brogue’s apartment and Sandra Volsky was also present. Benning stated he had been close friends with Brogue for approximately two years and Brogue held parties two or three times a month where drugs and alcohol were used extensively by Brogue and his friends. Benning further stated that he often bought drugs from Brogue - his “usual” being an ounce of marijuana. On the date in question, he had gone to the apartment, Brogue had brought a “sample bag” of marijuana from the bathroom, and then had transferred an ounce of marijuana to a “baggie”. There had been some discussion, Brogue becoming agitated, and then Benning and Volsky had left and were later stopped by Officer Hamstead. Sandra Volsky took the stand and confirmed being with Benning on August 3rd, 1986 at Brogue’s apartment and that Benning had purchased marijuana from Brogue that day. Volsky also stated that Brogue had gone to the bathroom to get the marijuana. : 6 oe Se ee Council for the Defence, Mary Molan and Dyonne Zubek called their first witness, Wally Brogue, brother of the accused. Wally Brogue is a teacher and has some training in drug abuse counselling. Brogue stated that he sees his brother three or four times a week and that he never had reason to suspect Tom of using drugs. He stated that “Tom didn’t like his friends using drugs!’’ Brogue said that he had seen Benning using drugs at his brother’s apartment the weekend before his brother’s arrest. He confirmed that Tom Brogue did have parties several times a month where drugs were used, but he had never seen Tom use drugs. Wally Brogue stated he was surprised when his brother was arrested on drug charges. Tom Brogue, age 19, had appeared quite cocky and had given the thumbs up sign several times during the court proceedings, He took the stand in his own defence and stated he had dropped out of college in February, 1986 and worked part time at a grocery store, earning approximately $1,200 per month. He stated this income was sufficient to cover his needs and he didn’t take loans from his brother or parents. He confirmed knowing Benning and Volsky, but denied ever selling or using drugs. He stated he did have parties where drugs were used, but he never used them. He further stated that he had seen Benning using and offering drugs to others and that “he felt sorry for Benning”. He stated that Benning and Volsky had been to his apartment on August 3rd, 1986 but that Benning had gone into the bathroom, not him. : When the police officers had entered with the search warrant, Brogue had willingly let them enter and accompanied Officer Hamsted while he searched the apartment. Brogue stated that Hamstead went directly to the bathroom and found the drugs under the toilet and then proceeded to the kitchen and confiscated the “baggies”. He stated that the black light and posters were only for decorative effect and had nothing whatsoever to do with drugs use. Brogue further stated that “Hamstead knew exactly where to look!” Brogue denied any know- ledge of the drugs. He stated that he has not seen Ben- “ning since his arrest. During his testimony, Tom Brogue stated that he and Benning had been friends for two years but that he had never tried to get Benning to stop his drug use. They chad had several arguments concerning Benning’s girl- friend, Sandra Volsky, whom Brogue did not particularly like. Brogue intimated that Benning had planted the drugs in his aprtment. . In their closing arguments, Defence Counsellors, Molan: and Zubek argued that, by their own admission, Benning and Volsky were drug users and therefore, not credible witnesses. Although the drugs were found in Tom Brogue’s apartment, it had not been proven beyond a reasonable doubt that he had knowledge of the drugs, and therefore asked for a ‘‘not guilty” verdict. Cassiar Courier May 1987 Page 5 ICOURT NEWS LAW 12 MOCK TRIAL The Crown Council, Krawczyk and Athwal, argued that Hamstead, Volsky and Benning were credible wit- nesses, that Brogue by his own admission held “drug parties” and was friends with drug users. They also argued that Wally Brogue was not an expert in drug abuse counselling and therefore, could not necessarily be certain his brother did not use drugs. They asked for a guilty verdict. ee a ia it Judge Sethen reminded the jury of their sworn duty and instructed them in their obligation to bring in a verdict based on the facts presented. The jury members began their deliberation at 11:00 p.m. After approximately 27 minutes, the jury returned and foreman Robert Rudkowsky announced a verdict of “not guilty” on all three counts. As the verdicts were announced, the courtroom spectators hooted and whistled their approval while others booed the verdict. In his opening remarks, Kees van der Pol explained how this “Mock Trial” was to take place. The students had had no rehearsal as such; did not know the other students taking part; the judge and the jury did not know who was involved until shortly before the trial took place. The lawyers and the witnesses had discussed their defence and prosecution beforehand. Basically, all involved went into the courtroom “cold”. The students had not been rehearsed in the use of microphones or before the video cameras. They had no idea of the outcome of the trial, only that the jury would decide based on the facts pre- sented during the. trial. _ THE PLAYERS Court Clerk ”. Candace Larcombe Deputy Sheriff James Lanteigne Crown Council Amarjit Athwal Celenka Krawczyk Defence Council Mary Molan Dyonne Zubek Officer Hamstead Doug Bannatyne David Benning Raymond L.Heureux Sandra Volsky Tammy McDougall Tom Brogue Garred Huber Wally Brogue John Sethen Judge Sherry Sethen The Jury Members Chantel Bilodeau Georgina Meers Louise Creyke Patrick Moth Doug Desjardins Lana Potocjnak Joe Gowan Phoebe Randall Robert Rudkowsky Claire Redmond Lisa Joseph Sonia Saro The Law 12 Class wishes to express their thanks and appreciation to: Cassiar Students Society WSTV and CBC Denyse Tavener Kees van der Pol ; R.C.M.P. Cassiar Detachment Corporal Don Harrison Constable Steve McKenna Gary Periard and the C.C.C. Cassiar Courier Iris Trask Camera and Stage Crew Huey Dennis Kevin Johnny Willie Porter Marty Marion Raymond Carlick Audio: David Duke Norma Ray Maria Molan David Hogg Warren Cocking -Patrick Hickman SE SET ER GSS OED 173 TI L/S i