Lv (LES) CAMPBELL, 1912+ 1877 Publisher from Aug. 7, 1947 to Feb. 15, 1973 BURT CAMPSELL, Publisher * RYON GUEDES, Editor » TIM MESSENGER, Advert. Mor, 4 LOIS HUGHES, Mng. Edilor © RENE DRODMAN, Foreman » LLEW KEREIFF, Office Mgr. Wemipapers and iN ree santngh at GPU 10 eau letters ne interest ot Brew i (‘@ let the press the people's : 1 Cc 0 MM ENT ‘Thursday Morning, February 8, 1979 Shattered Assumption There are certain things you come to expect. You expect that when the red light turns green the driver of the car behind yours will push his horn before your foot hits the accelerator, that the price of ground beef will always Increase at a faster rate than during Its by the city has been subject to extensive naifonal nows media scrutiny—much of which we owe to the efforts of Brisco—which has undoubtedly made officials more cautious in thelr choice of a contractor. : + The warning In last month's tender your Income, that politicians will always champion the prinel- ple of private enterprise. One of these assumptlons—unfortu- nately, not the one concerning ground beef—was shattered recently by Kootenay West MP Bob Brisco. In a commentary published by several mn: pers In the region, Brisco asserted nis “strong disap- proval’’ of the plannad assignment to a third-party contractor of the management of Castlegar Alrport, a task he sald the federal transport ministry could do more safely and cost-effectively. Noting that the results of the previous airport management contracts between the ministry and third-party contractors have r that “the lowest or any tender not necessarily accepted,’’ as well as the ministry's most recent move to by one week the deadline for submission of tenders, supports the notion that the selection process will be a sultably meticu- lous one. {tts hls past criticism of the way the ministry runs small airports that makes Brisco’s statements on ‘‘safe and effictent service’’ by the federal government al! the more confusing. Even at the beginning of his release, the member from Kootenay West quite justifiably clted the ministry's Past and present ‘Intermittent neglect’’ of Castlegar Alrport. Only thres weeks ago he was expounding on the Inadequactes of the been “less than Imp! fue by fedoral transport his tary cited the cases of the f th alrports In Frobisher Bay ‘and Resolute Bay as examples of how the federal government failed to save money while operation, and safety slipped. Aturther problem, Brisco sald, was the fate’ of the present Castlegar Airport after the contract Is awarded to the successful bidder. After years of work at the facility, personnel face possible dismissal, pay and benefit cuts and another bout of uncertainty In three years when the third party’s contract expires. As well, with the departure of afrport firalighter Bernie Van Rasse! for another Job after the City of Castlegar’s March 31 withdrawal from operation of the facility, there Is no guarantee that someone of similar profes- sional calibre will be hired to replace him, the commentary sald. Stressing his distaste for Injecting partisan politics into such an Issue, the Kootenay West MP offered his hypothesis that the decision to go to tender on the operation of Castlegar Airport ts ‘another ig runway crash or fire sites after nie snowfall. The concern Brisco: showed about the threatened Jobs of the alrport workers was no doubt sincere, but he falled to mention that a transport ministry takeover of the facility would almost certainly subject them to .normal bureaucratic procedures for federal public sector hiring. Their years of experience servicing the alrport and their places In the community would probably be ignored among the vast shower of applica- tlons a civil service competition would Involve. in the planned third-party management of the alrport the employees have been assured of one thing: the contractor will be required at least to consider retaining them for the maintenance of the alrport. And at least one of the parties actually planning to submit a bid for the facility’s operation— Adastra Aviation, already operating a flying school, charter service. and full. concession atthe alrport—has publicly committed itself to ensuring the job security of the Present of ‘this and misplaced policies."” “On the one hand It has stuck its nose into areas where the private sector obviously Is much more competent and as a result has thrown a monkey wrench Into an economy already buffetted by the Ill winds of weak {International trade and Inflation,” Brisco said in the release. “On the other hand, where the govern- ment in the past has provided a very high degree of safe and efficiant service [airport management), it now wants to turn this over to private firms whose service record has failed to match the competence and dedica- tlon of MoT employees.’’ . The Keotenay West MP's position was startling In two respects. First, that a Tory MP would espouse the cause of government operation over private management. Se- cond, that Brisco himself would ‘laud the virtues of management by the transport minlstry after belng so stern a critic of the manner In which It has run small airports. It Is not Ilkely that even the fedéral transport ministry would repeat the mis- takes It made In awarding management contracts for the Frobisher Bay and Resolute Bay alrports. The ministry's fallure to flnance, Insure and equip Caatlegar Alrport as’ well as a high level of service. It fs not unreasonable to assume other serious bidder on the contract will be forced to set similarly high standards in their tenders. It is difficult to understand why the member from Kootenay West was splitting hairs over appropriate use of private and urging councils -and residents throughout the region to oppose third-party management. Surely any serious bldders hoping for acceptance by the communities they serve would expect to offer a high level of service without the cutbacks to which far too many government: tun facilities already fall prey. The question Brisco, as a Progressive Conservative, must ask himself is whether he actually wants to see an Increase In the number of federal public servants. We suggest the Kootenay West MP take a look at his own ‘misdirected and misplaced priorities.’ Perhaps, rather than fighting a process already set into motion, he should concentrate his efforts on helping’ to ensure-that the contract Is awarded to the party which will do the mast for the regton the airport serves. That Is the sort of effort we have come to expect from our representative In Ottawa. By JOAN COHEN (The author wrote this article for Southam News Ser- vice.) “PAIR COMMENT... 1S the technical name... given to the right of every citizen to comment on matters of rune interest... “People are entitled to shold and to express freely on mat- ters of public interest strong views, views which some of you, or indeed all of you, may think are exaggerated, obsti- nate or prejudiced, provided — and this is the important thing — that they are views which they honestly hold. “The basis of our public life is that the crank, the enthu- siast, my say what he honestly thinks . THIS COMMENT IN 1958, by a British judge, described in a nutshell the “letters to the editor" columns as we know them across the land. ° Beneath the beefs and opinions that rage back and forth is this legal underpinning of “fair comment?” It seemed to guarantee the public the right to. express its views on public issues without reprisal and offer newspapers the legal sanction to publish them. A decision to widen a road is short-sighted, or the minister of whatever-you-liké is stupid and accident-prone. The public makes ils judgments and the “letters” column is there to let them be heard _by a news: Judge's Ruling Mokes Newspa The Supreme Court judg- ment came virtually unherald- ed. It began with a little-noted libel action launched five years ago by a Saskatoon alderman against Amradale Publishers Limited, publisher of the Saska- toon Star-Phoenix and its edi- tor, Sterling King. IN MARCH 20, 1973, the paper carried a letter from two law students. They criti- cized the alderman for his role in the city council's decision to close down an alcoholic rehabi- litation home for native.people pending a study of zoning laws. The home was located in 2 residential neighborhood and a 54-signature petition submitted to council by local residents opposed it, The letter’ writers said they were appalled at the.posi- tion the alderman had taken and accused him — a lawyer — of taking an approach un- becoming a member of his pro- LOOK SHOE WE CAN'T PRINT THIS LETER— CHEFK OUT THE LANGUASE, fession. ‘The letter referred to “racist resistance” against the project. * IN COURT LATER, THE trial judge ruled — as did the Supreme Court recently — that there was “no evidence” that those (the Ietter's) words ex- press the honest opinion éf anyone, either the writers of the letter or of anyone’ on‘ the editorial staff of the Star- Phoenix or its publisher. , Since this evidence was missing, the Judge wouldn't let the newspaper's defence of pers fore Vulnerable to ubel Salts —Fair Comment’ No Longer a "Defence pierre rr fsontee hearings and had left the pro- vince when the trial occurred. THE JURY WAS LEFT to find the aldermen's reputa- tion had been damaged by the criticism and that the letter was therefore, libellous. The trial judge ‘had noted that if the newspaper had honestly-held the view stated in the letter it would have had a defence against the libel action. But when the case went to the Saskatchewan Appeal Court a - judge on the majority side gave the newspaper .wider protec- tion than that. He said it was “fair discussion of a public issue — go before the jury. In fact, the publisher's representative and editor King adknowledged they didn’t hold this view. They spoke favorably of the alderman. The letter writers, for reasons never ex- plained, were not allowed, to participate in the pre-trial». ufficient- Uhal the honestly believed the letter represented the real opinion of the writers, The Appeal Court overturned the’ trial judge's ruling. But the Supreme Court, turning to precedents, says the trial judge was right. IT’S NOT THAT “A newspaper, cannot publish let paper's BUT RECENTLY IN what is cerlain to become one of its most controversial rulings of recent times, the Supreme Court of Canada told news- papers they can't allow this free and open expression of public opinion where public figures are involved. According to this judg- ment, newspapers mustn't as- sume their readers are being honest in the views they pour into their letters. In publishing criticism of public figures they now leave themselves open to libel action. In fact, the court judgment goes on to rule, papers are only protected when they themselves hold these same views. . The. position has been powerfully rejected by a minor- ity of the court as an assaull on the freedom of public discussion fundamental to a democratic society. “The right of persons to make public their thoughts on the conduct of public offi- cials, in terms usually critical and’ often caustic,” that minor- ily view stated, “goes back to earliest times in Greece and Rome.” “IF EDITORS ARE FACED with the choice of publishing only those letters which es- pouse their own ideology, or being without defence is sued for defamation, democratic dia- logue will be stifled.” But that’ argument didn't prevail when the six-man ma- jority of the Supreme Court — including Chief Justice Bora Laskin — brought down its judgment recently. And that judgment, now the law of the land, will affect every news- paper office in the country. far The Bierman Bite Dismissal Violated His Right To:-Play the Fool, Not Music (An editorial in the London (Eng.) Sunday Times.) IS THIS A FREE COUN- try or is it not? ‘The right of an orchestral player to pull faces at” his colleagues, to drop his instru- ment, purposely to produce wrong notes and generally to play the fool instead of the music should surely be inalien- able, part of the timeless En- Blish tradition of flippancy used ‘as.a cover for professionalism. YET BECAUSE ALLAN Turner, the principal cellist in the Northern Sinfonia Orches- tra, carried on in rehearsal in just this way—he is even said to have taken a swig at a whisky bottle during a rehearsal—he was dismissed. An industrial tribunal’ ruled, after solemn consideration, that his dismis- sal was wrongful. As a result he is now rehabilitated, sent forth into “the world with, presumably, a licence to play’A-flat when its should be A-sharp, authorized to stick out his tongue and wiggle his ears until the young lady on the harp collapses with laughter or alarm, and per- mitted to sip creme de cassis while practising Carmen. THANK GOODNESS there are some people with | right values still around. Ac- tually being required to sit still, look.at the score and play the tight notes is an intolerable interference with man's crea- tive genius, . ‘available — including that of ters’ expressing, views with which it ‘may ‘strongly. dis- agree," "says Mr. Justice Roland Ritchie writing for the majority of the court, What it does mean, said the judgment, “is that a news- ‘paper cannot publish a libellous letter. and then disclaim any. responsibility by saying that it was published as fair comment on a matter of public interest but it does not represent the honest opinion of the news- paper.” THE JUDGMENT SUG- gests that-if the writers of the letter had been sued they could defend themselves by showing they honestly believéd the criticism they stated, But this |. would be no defence for the newspaper, whose only pro- tection would be that it, too, shared this view. What now? The comments |" of Mr. Justice Dickson, writing eloquently for the court minor- ity, forecast that an unaccus- tomed, unhappy claim will take over, in the once boisterous letters corner of the nation's papers. The simple test of a de- famatory statement, Dickson suggests, is that the words used would lower the plaintiff in the estimation of right think- ing members of society gener- ally. And™a great dea! of what is printed in the letters to the editors columns unquestionably has this effect.” It doesn't take heavy criticism to do so, THIS MEANS IT’S OF “crucial importance” that news- papers be able to defend them- selves with the few devices “fair comment” on a matter of public interest. Join Us In Christina Lake For Dining & Disco Dancing On the Weekends ime 8 Place * Christina Lake : A Better Restaurant by a s ‘Dam Site! Call toll free Zerilth 2877 ‘| Ph. 447-9572 - Reservations Specializing in ran 2”/ ‘Open 8.a.m. tid p.m. Closed Wednesdays When in Nelson ENJOY 3 Different Chinese Smorgasbords! Friday - Hong Kong Saturday - Shanghai Sunday - Peking OPEN Every Day Including Holidays! 3 Ba.m.-10 p.m. a Sever Se 479 Baker RESTAURANT 352-3456 447-9515 Christina Lake You may win a Dine Out! Unscramble the Scramble Below. $40 Family Dinner Congratulations to last week's winner, Mrs. C. Pepper of Castlegar, B.C. D> pp TOPNOG NRCWI Unscramble the letters and “write the name of the restau- rant on the line provided. Entry forms must be in by Saturday noon each week. « The voucher Is valid for one ~ visit toa selected restaurant within 14 days of its issue | date. ¢ Winners are also required to select the restaurant of their choice within 10, days of notification of winning. ° Winners will receive a $40 dinner from the regular menu at the restaurant of their choice, selected from the Castlegar News/Mid- Week Mirror Restaurant Guide. Enter as many times as you” wish Winners under 16 years of age must be accompanied to the selected restaurant by at least one adult. Send in your entry form today to: Castlegar News Restaurant Guida P.O. Drawer 3007 Castlegar, B.C. VIN 3H4 : Please enter my name for the $40 Dinner Voucher Draw as outlined above. Name Address Chiy. 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