The Vancouver Sun from Vancouver, British Columbia, Canada on April 19, 1994 · 6
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The Vancouver Sun from Vancouver, British Columbia, Canada · 6

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Vancouver, British Columbia, Canada
Issue Date:
Tuesday, April 19, 1994
Page:
6
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A6 CANADA The Vancouver Sun, Tuesday, April 19, 1994 FEDERAL COURT Stricken judge's fight to stay on raises questions " tip STEPHEN BINDMAN ; CP FILES JUDGMENT CALL: Justice Fernand Gratton outside earlier hearing Southam News OTTAWA An Ontario judge who suffered a stroke four years ago is trying again to block an unprecedented hearing into whether he is fit to remain on the bench. . Justice Fernand Gratton has filed a motion in Federal Court claiming the committee set up by the Canadian Judicial Council to investigate', his health is unconstitutional. The 67-year-old justice of the Ontario Court general division in Sudbury claims federally appointed judges can only be removed from office for serious misconduct and not if they have become "incapacitated or disabled" due to an infirmity. He has asked the Federal Court to halt the inquiry, scheduled to resume next month, and to declare sections of the federal Judges Act unconstitutional. "Incapacity from age or infirmity does not constitute a breach of 'good behavior,' " Gratton's motion states. "Consequently ... the council and inquiry committee have no jurisdiction to proceed with this investigation." In January, the committee rejected Gratton's arguments and ruled it has the authority to decide whether he can still carry out his duties. The five-member panel three chief justices and two lawyers said it is important for "continued public confidence in the administration of justice" that judges not be permanently incapable of fulfilling their duties. "It is difficult to appreciate how public confidence could be enhanced by permitting a judge to remain in office when that judge is permanently incapable of fulfilling the role of judge due to mental or physical infirmity," the ruling said. "To accept such a situation would be to cast the shadow of a sinecure upon judicial office." Gratton, appointed in 1967, suffered a stroke in March 1990 and has not sat on the bench since then, although he continues to collect his $155,000 salary while undergoing rehabilitation at an Ottawa chronic-care facility. He does not have to retire until 2001, when he turns 75. In 1992, then-chief justice Frank Callaghan complained to the judicial council that Gratton was incapacitated. The inquiry committee can only decide if Gratton is incapacitated. The full judicial council can then recommend to the justice minister that Gratton be removed from office. A joint address of the Commons and Senate is required to formally remove a judge. ' The public hearings, the first into a federally appointed judge's fitness because of illness, are to resume May 26. Gratton's motion will be heard in Federal Court on April 27. At a hearing in November, Gratton sat in a wheelchair and spoke haltingly and in short sentences as he explained why he does not want to retire. "I love my work and I feel I can carry on," he told reporters. "According to my doctor, as long as it's work that is not unduly stressful, I could go back now." The judge said he is able to read, but for no longer than fifteen minutes before tiring and admitted a lengthy trial might be too draining for him. No judge has ever been removed by Parliament. MURDER CASE Cost of Teale probe estimated at $10 million NICK PRON Toronto Star and Canadian Press iTORONTO-The tab for the investigation into the deaths of Kristen French and Leslie Mahaffy has reached $10 million and continues to climb, sources say. While provincial officials have refused to disclose how much money has been spent on the Project Green Ribbon investigation, privately law authorities are alarmed about the size of the bill, and how much higher it could go, the sources say. Paul Teale, a 29-year-old University of Toronto graduate, has been accused of the two slayings, and also faces 50 rape-related charges in a series of attacks, mostly in Scarborough, dating back to 1983. His own legal-aid bill of nearly $300,000, however, is dwarfed by the cost of the continuing two-year investigation that was started shortly after the disappearance of French, 15, from the parking lot of a St. Catharines church in April 1992. It's unclear whether any of the $175,000 in reward money that had been offered by the police for information leading to a conviction on the Scarborough rapes and the slaying of Mahaffy will ever be awarded. Police have refused to comment on the status of the reward money. Teale's trial is scheduled to begin on May 4, lawyers said Monday, but no evidence is likely to be heard before the fall. The first portion of the case will be taken up with legal arguments, lawyers said. Still, defence lawyer Ken Murray said the early trial date is good news for Teale, who has been in custody since February 1993. "He is pleased that something's finally get- jhi ting started," Murray TEALE said. "It looks like we have something under way. "It certainly makes things a lot more focused." Teale, dressed in a dark-blue suit, white shirt and patterned tie, shuffled into court on Monday wearing handcuffs and leg irons. Looking relaxed, he smiled and chatted briefly with Murray. Teale was taken back to jail in a panel van with the windows covered by green garbage bags, a move designed to keep away the usual crush of news photographers. Justice Patrick LeSage, who was chosen last week to preside over the trial, said it will begin May 4 without a jury, so lawyers can argue legal issues such as whether to change the location of the proceedings. The jury will be selected "some considerable time later," LeSage said. The Crown probably won't begin arguing its case in the killings of Kris-ten French, 15, of St Catharines and Leslie Mahaffy, 14, of nearby Burlington until the fall, said Sgt. Bob Ciupa of the Niagara Region police. The trial is scheduled to be held You 1 SAFE 5 - avvs Introducing E2BEE2 only $ US Absolutely nothing more to pay! AT 95 a month plus 95fmin. usage. to... VV .A - , , (V. ti. 4 rut '$ la r ' " ... 4t a'TTr''T- "i,., Tr At last! All the safety and security of cellular service at a price you can afford! Introducinj the all new Cantcl Amino Safety service. A simple, no-nonsense, easy-to-use cellular telephone that you plug into your car's cigarette lighter whenever you need it. Safe in any situation With your Amigo Safety Service along for the ride, you know that if you're stuck on an isolated road, hcld-up in traffic or stranded by a flat tire, it's as easy as picking up the phone and calling. Now that's peace-of-niind! You can afford it! Amigo is remarkably affordable too: all you pay is a $ 1 9.9.5 monthly fee, plus usage at 95v7miiuitc. No sign-up fees, no service charges, no surprises at the end of every month. In fact, you won't even be sent an invoice. Your monthly charge will appear automatically every month on your American l'.prcss, Visa or MasterCard statement. A great way to keep your loved ones safe too A son or daughter away at school, ageing parents or a husband or wife who travels - Amigo will keep them safe. We can even arrange to have the phone in their name, and the low monthly rental fee charged to your credit card. Two ways to get your Amigo Safety Service: Call 1-800-263-8867 and we'll deliver your phone to you within about 72 hours. Or visit your local Cantel Communications Store Canadian Tire Celluland Future Shop London Drugs Multitech Radio Shack Rogers Video ' ' Your Amigo Safety Phone comes straight out of the box, ready to use. Amazingly simple to operate, Amigo plugs into your car's cigarette lighter and operates very much like any phone. An instructional booklet, video cassette and audio cassette will answer any questions you may have. in St. Cathiirines, where the killings allegedly took place, but Murray said he may ask that it be moved to somewhere less inundated by publicity. Teale was supposed to have had a preliminary hearing starting this month, but it was cancelled at the last minute by the Crown, which used a preferred indictment to send him straight to trial. Murray has accused prosecutors of wanting to shield Teale's ex-wife, Karla Homolka, from any cross-examination that might undermine her credibility before the trial. Homolka, who's expected to be a key Crown witness against Teale, was convicted last July of manslaughter in the deaths of French and Mahaffy. She was sentenced to 12 years in prison. Murray, who is considering appealing the preferred indictment, said 5f ' J , ? KEN MURRAY: lawyer representing Paul Teale he's confident the judge will keep Crown prosecutors in check. ; "If there is a machine rolling, at least we have someone who is acting as a traffic cop to say, "Turn here or stop there.' " QUEBEC TVprogram brings arrest of man sought in wife's death AARON DERFEL Montreal Gazette MONTREAL - A U.S. fugitive arrested here for the fatal stabbing of his wife sent a message Monday to the local Portuguese community who turned him in. "Say thanks to all my friends in Montreal for their help," David V'ieira told The Gazette as he was led away in handcuffs from an immigration detention centre. Vieira, 42, appeared to make the comment sincerely, referring to the people who took him in and helped him find work all the while unaware that he was facing a first-degree murder charge in the U.S. Vieira was nabbed Friday by Montreal Urban Community police after the TV show Unsolved Mysteries broadcast a story about him last Wednesday. Police acted on more than 30 telephone tips following the broadcast, Vieira is accused of murdering Alice Arruda on July 25, 1988, two weeks after they separated. Arruda was stabbed 24 times in her apartment in New Bedford. Mass., about 50 kilometres south of Boston. Vieira. who used the alias Antonio Pachcco, is awaiting extradition to the U.S. Vieira lived underground in the Plateau Mont Royal district for nearly six years, taking advantage oi the hospitality of the tightly-knit Portuguese community. He worked on and off at a bakery and fish market and had a girlfriend, friends said. "He told us he was from New Bedford, but he didn't say much about his past," said Inocio Rodrigucs, owner of the Algarve fish market on St. Laurent Blvd. "He used to come sometimes to my fish market to help me. "I would give him a couple of hundred dollars and something to eat. "We still can't believe he's wanted on a murder charge." Vieira was popular among Montreal's Portuguese because he played goal for the Bcnfica soccer team. Vieira also volunteered as a bartender for the Benlica men's club. "The first time I met him was at the Benfica club six years ago," said Joa(uim Silva, 41, who showed up at the detention centre to say goodbye to Vieira. "He told us he played soccer. So we asked him to play for our team." Immigration authorities Monday sought to deport Vieira to the U.S. But Montreal police arrived at the detention centre with a court order for an extradition hearing to be held today. StmllutmSU.lt Nflmik.

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