The Ottawa Citizen from Ottawa, Ontario, Canada on January 29, 1999 · 3
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The Ottawa Citizen from Ottawa, Ontario, Canada · 3

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Ottawa, Ontario, Canada
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Friday, January 29, 1999
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Canada THE OTTAWA CITIZEN FRIDAY, JANUARY 20, 1999 A3 blood victims rf" ! , Bad .;. " H I Off t mm I iP u? 1 .iiffSM ispf ftp . -) - A ' v.- .v o Washington emand justice THE ASSOCIATED PRESS Canadian actor Marlon Brand and Rebecca Jackson Mendoza are pictured on their wedding day in 1996. Mr. Brand was found hanged in a toilet stall in Australia on Tuesday. Ms. Jackson Mendoza, stabbed earlier by Mr. Brand, is recovering in hospital. End of a fairytale Those who knew Marlon Brand are in shock over the news the young Canadian actor killed himself after a knife attack on his estranged wife. Peter Boisseau reports. Toronto He was a rising young star with a string of stage and television credits, a fairytale romance with a beautiful actress, and a name that conjured images of a Hollywood screen legend. But the whirlwind career that took Marlon Brand from a Toronto-area college to the big stage ended with his suicide in a public toilet in Melbourne, Australia, after a savage knife attack on his estranged wife. Those who remember the 28-year-old Mr. Rrand can onlv ask wViv. , Tall and muscular with a shaved head and ear-' ring, Mr. Brand looked every inch the part of a . tough U.S. marine when he was cast in that role in the Toronto production of Miss Saigon in 1993, said Robert Brockhouse, editor of house programs at Mirvish Productions in Toronto. But his personality was not anything like his menacing outward appearance, he said. "It's unbelievable. I mean, he was the nicest guy in the (stage) company." Like others, he says Mr. Brand good-naturedly took a ribbing about his name, so close to that of brooding movie icon Marlon Brando. "I remember saying 'that's a neat stage name,' and he laughed and said no, thaf s my real name.' " Famous namesakes aside, the Toronto-born Mr. Brand seemed destined for a long and prosperous career when he stepped into the Miss Saigon role straight after graduation from Sheridan College in nearby Oakville. Ron Holgerson, executive director of communications at Sheridan, said faculty were too "shattered" by the news to talk to the media. Mr. Brand's shaken Toronto agent also refused to comment Besides his stage work, Mr. Brand had done stand-up comedy at Yuk Yuk's and Laugh Tracks, and his television credits included episodes of ENG and Top Cops. He met his wife, 25-year-old Rebecca Jackson Mendoza, while they were both auditioning for the Sydney production of Miss Saigon in 1995, and friends say it was love at first sight At the time of the attack, Ms. Mendoza was appearing with Mr. Brand as part of the ensemble cast in the Melbourne production of Show Boat. Ms. Jackson Mendoza suffered critical injuries and was saved by emergency surgery, her family said in a statement yesterday. "Rebecca's life was saved by emergency surgery and ongoing resuscitation received at Monash Medical Centre," the family said. Reports said Mr. Brand went to the Mendoza family home Monday to talk to his wife, but an argument broke out. Neighbours reported hearing her cry for help and ambulance crews found her bleeding and unconscious on the ground. The fairy-tale romance apparently fell apart after the couple returned from an acting tour in Germany. Although shocked cast members and friends say they never fought in public, they reportedly had a bitter split, even as they continued putting in long hours on the show together. Melbourne police described Mr. Brand as a "mystery dude" who had been living alone since the split. He reportedly had notified Show Boar management he intended to quit, and wanted to return to Canada with his two-year-old daughter. Mr. Brand's body was found Tuesday morning in a public toilet at the park where he used to take his daughter to play. Tainted plasma tied to Arkansas prison BY MARK KENNEDY Tainted-blood victims infused with U.S. prison plasma will travel to Washington next month to demand a special government investigation into how they received bad blood. The victims will hold a news conference Feb. 12 at the National Press Club, just steps away from the White House. They will call on the U.S. Justice Department to launch an investigation either through the FBI or the appointment of a special investigator to get the facts on how they received contaminated plasma from prisons in Arkansas and Louisiana in the early 1980s. As well, they will announce they are exploring the possibility of suing those in the U.S. who played a role including the companies that collected the blood and the state governments that allowed it to happen. Their actions come in the wake of a series of investigative stories by the Citizen last fall that revealed how a U.S. firm with links to President Bill Clinton collected tainted blood from Arkansas prison inmates and sold it abroad. Mr. Clinton was governor of Arkansas when the Canadian blood supply was contaminated in the mid-1980s. He was generally familiar with the operations of now-defunct Health Management Associates, the Arkansas firm that was given a contract by Mr. Clinton's own state aciminis-tration to provide medical care to prisoners. In the process, the firm was also permitted to collect inmates' blood at a prison in Grady, Arkansas, and sell it elsewhere. The prisoners were paid $7 a unit. Each unit of plasma was sold by the firm for about $50, and half of that was handed over to the Arkansas Department of Corrections. With hundreds of prisoners donating every week, it became a profitable enterprise. Leonard Dunn, a personal friend and political ally of Mr. Clinton, was Health Management As-sociates's president in the mid-1980s. Later, Mr. Dunn was a Clinton appointee to the Arkansas Industrial Development Commission and he headed Mr. Clinton's 1990 gubernatorial re-election finance committee. Yesterday, some of the victims announced in Toronto they are suing the federal government and two Canadian companies for their role in how the plasma believed to be contaminated with HIV and hepatitis C was distributed in Canada. The class-action lawsuit will initially seek up to $1 billion in damages for an estimated 1,000 hemophiliacs with hepatitis C, but victims' lawyers expect that most potential claimants will not participate because they will sign a waiver in exchange for compensation now being offered by governments. That will leave about 200 victims seeking $300 million, say the lawyers. 1 In the meantime, the victims' next step is to attract more U.S. media attention to their plight and persuade U.S. Attorney General Janet Reno to establish a probe. 1 "I hope to get some answers for the victims up here who are alive and dead," said Mike McCarthy, a Waterloo, Ont, hemophiliac with hepatitis C who will make the trip with three other victims. "We want accountability on the American side. Why was this allowed to happen to us?" By early 1983, U.S. companies that fractionate blood products had stopped buying prison plasma at the request of the U.S. Food and Drug Administration because it was widely understood that since many male inmates practised unsafe sex or were intravenous drug addicts, their blood posed a high risk of carrying the AIDS virus. However, this didn't stop prison blood centres from selling their products to foreign companies. In Arkansas, Health Management Associates found a willing buyer in a Montreal blood broker Continental Pharma Cryosan which sold the prison plasma to companies in countries such as Switzerland, Spain, Japan and Italy. As well, Continental Pharma sold the plasma to Toronto-based blood fractionator Connaught Laboratories, which used it to manufacture special blood products that were then sold to the Canadian Red Cross and distributed to patients. Connaught apparently didn't realize the plasma had come from prisoners. Warning to step-parents: You can't divorce the kids by Janice Tibbetts Spouses can divorce each other but not their children, the Supreme Court of Canada said yesterday as it explained why a Manitoba stepfather must support his stepdaughter after splitting up with her mother. "Even if a relationship has broken down after a separation or divorce, the obligations of a person who stands in the place of a parent to support a child remain the same," the court said. The court made a snap ruling from the bench after hearing the case in November, but did not give its reasons until yesterday. In those reasons, the judges set guidelines for when a step-parent should have to pay child support in failed marriages. The test, the court said, is whether the step-parent acted as a "stand-in" parent to the child in question. The judges came down hard on Gerald Char-tier, a Winnipeg man who wanted to renounce his fatherhood rights to his young stepdaughter, whom he had helped raise through her infant and toddler years. The court found he was effectively a "stand-in" parent to the girl, who had his surname and thought he was her natural father. "Spouses are entitled to divorce each other, but not the children who were part of the marriage," said the unanimous ruling, written by Justice Michel Bastarache. The court listed several factors determining whether a step-parent is the same as a parent: Whether there was intention, both formally expressed and inferred; Whether the child participated in the extended family in the same way as would a biological child; Whether the parent provided financially for the child, depending on ability to pay; Whether the person disciplined the child as a parent; Whether the person represented to the child, the family and the world that he was responsible for the child; The nature or existence of the child's relationship with the absent biological parent. Mr. Chartier, who had won his case in the Manitoba Court of Appeal, was ordered two months ago to pay child support for his stepdaughter, just as he does for the biological daughter he had with his ex-wife. The Supreme Court rejected the lower court suggestion that long-term financial obligations are too much baggage for step-parents to carry in an era when it's commonplace to move from relationship to relationship. Some lawyers have predicted the ruling could lead to a step-parent chill in which people will think twice about getting involved in the lives of their partners' children from previous marriages. Mottsays Clamato, court says Caesar Cocktail Juicy battle ends after 13 years By Janice Tibbetts The Supreme Court of Canada has served up a spicy recipe that settles a high-stakes fracas over the secret ingredients in one of Canada's most coveted concoctions: Clamato juice. FBI Foods beat out Cadbury Schweppes yesterday in a battle that began some 13 years ago and turned into a nasty breach of confidence case over the price one must pay for blabbing trade secrets. At stake were the tasty and mysterious ingredients in Clamato, a spicy blend of tomato juice and clam broth that is the key ingredient in the beloved bloody caesar. The high court, in overturning an earlier ruling, effectively declared that spilling the beans is all right as long as one is willing to pay damages. "Juice formulation is not rocket science," wrote Justice Ian Binnie, who concluded FBI would have come up with a copycat Clamato with or without Cadbury's recipe. The story goes back to the 1970s, when the U.S. company Duffy-Mott decided to enter the Canadian market by licensing its recipe for zingy Mott's Clamato. Enter B.C.-based Caesar Canning Ltd., which snared the Canadian market on the condition the licence could be ended on a year's notice and Caesar Canning would then be banned from making any Clamato-type concoction of its own for five years. Caesar Canning, with Duffy-Mott's blessing, went into business with FBI Foods in 1980 and shared the great Clamato secret. But in 1982, Cadbury Schweppes took over Duffy-Mott and decided to take back Clamato. That left Caesar Canning out of the picture, but the company, which was still in the know when it came to the ingredients, set to work immediately on a rival product called Caesar Cocktail In 1985, Caesar Canning went bankrupt and FBI Foods bought the assets and continued making Caesar CocktaiL Then, three years later, Cadbury Schweppes took FBI to court for breach of confidentiality and trademark infringement because the company had jumped the gun in developing caesar cocktail before it was allowed to come up with a rival under the initial deal. Cadbury won in court and was awarded $30,000 in damages. The payment was increased in the B.C. Court of Appeal which ordered FBI to itaimmrrt1i.T,..' i ROD MACIVOR, THE OTTAWA CITIZtN Clamato juice is 10 times more popular in Canada than in the U.S. cough up some of its profits for the period in question. The Supreme Court disagreed, saying FBI would have come up with its own cocktail anyway. The high court never divulges the Clamato ingredients in its ruling, but does come up with a recipe for lesser damages. The amount is yet to be determined. Overhaul charity laws, Supreme Court urges By James Baxter The Supreme Court of Canada says Canada's charitable status laws are outdated and politicians should change how Revenue Canada determines what is a charity. The top court made the remarks yesterday in a 4-3 judgment that upheld a government decision to deny a Vancouver immigrant women's group charitable status because it fell outside existing charity rules. "For this court suddenly to adopt a new and more expansive definition of charity, without warning, could have a substantial serious effect on the taxation system," the court said. However, both the majority decision and the dissenting opinion called for legislative change, especially in the definition of educational charities. "I think it is unfortunate that this particular group in Vancouver got hung on a technicality, because it is a super organization, but after reading the decision, we're really quite pleased," said Arthur Drache, who intervened to the court on behalf of the Canadian Centre for Philanthropy. "It is a very unusual decision in that it turned down the appeal, but went a long way toward changing the law." Canada's 75,000 registered charities take in about $90 billion a year and hold about $109 billion in assets. Revenue Canada receives about 5,000 applications a year for charitable status but has registered only about 1,400 groups over the last four years. In the area of education, the top court urged flexibility. "To limit the notion of 'training of the mind' to structured, systematic instruction or traditional academic subjects reflects an outmoded and under-inclusive understanding of education which is of little use in modern Canadian society," Justice Frank Iacobucci wrote in the majority decision. "The law ought to accommodate any legitimate form of education." To qualify as a charity under the Income Tax Act, an organization must fall into one of the following categories: Poverty relief, culture, religion, health, education or other purposes that benefit the community. The Vancouver Society of Immigrant and Visible Minority Women works with new arrivals to Canada, and other women in need, to teach them the basic skills needed to find employment. The group also runs a job-posting service, a function the court said "(Fell) outside the scope of charity." Herb DhaliwaL Canada's minister of national revenue, was travelling in British Columbia yesterday and could not be reached for comment

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