National Post from Toronto, Ontario, Canada • 2

A2 NEWS NATIONAL POST, SATURDAY, AUGUST 28, 1999 1749 German poet, dramatist, scholar and statesman Johann Wolfgang von Goethe, right, is born in Frankfurt 1781 American privateers attack Annapolis Royal, N.S. 1833 British Parliament outlaws slavery in the British Empire; 700,000 people are liberated. 1846 British Possessions Act lets Canada and Maritime provinces enact tariffs and cut or repeal duties; marks new stage in Canadian independence. 1861 William Ly- THIS PAY IN HISTORY on Mackenzie, Toronto's first mayor and leader of the Upper Canada Rebellion of 1837, dies at age 66. 1872 James Butler "Wild Bill" Hickok stars in the Grand Buffalo Hunt at Niagara Falls, the first wild west show in Canada.

1913 Robertson Davies, journalist, playwright and novelist, is born in Thamesville, Ont. 1938 Paul Martin, business leader and politician, is born in Windsor, Ont 1965 Country singer Shania Twain is born in Windsor, Ont. 1968 Michel Tremblay premieres Les Belks-soeurs, one of the first artistic uses oijoual, Quebecois French slang. 1982 Today magazine publishes its last issue. 1986 Largest wrestling crowd in Canadian history, 69,300, watches a match at Exhibition Stadium in Toronto.

fit- it i irniw dfc SUMMARY 8.28.99 Former Toronto officer being hounded: lawyer Proposal gave priests noright to refuse TORONTO CANADA Politicking in the Prairies Roy Romanow, the Saskatchewan Premier, is out shaking hands and kissing babies. Page A6 WORLD New Delhi PM leads pack Atal Behari Vajpayee, the Indian prime minister, is favoured to win coming elections. Page A13 SPORTS Praying for the Paralympics Organizers are having a difficult time gaining sponsors. Page A15 LOTTERIES who claimed to be a police officer knocked on their trailer door at about 1 a.m., awakening the couple. When they opened the door, the man told them he was going to rob them and kill them.

He shot them both and then turned his gun on Mr. Major, who police believe had driven to the same rest stop and only happened upon the crime by chance. Earlier this week, Mr. West was charged with two counts of first-degree murder for the slayings of two young mothers who were raped and shot in 1970. Mr.

Scully said his client was first questioned about the 1991 killings in 1995. "In Canada, a person can remain under investigation for a long time, but one would think that eventually there has to come a point where if there just isn't enough evidence they should start looking somewhere else." Mr. Scully predicted that Mr. West's trial for the 29-year-old murders, which was expected to begin next spring, will be delayed, partially because he has yet to receive disclosure on the prosecution's case. "The Crown has had 29 years to prepare their case.

I need to prepare mine." National Post Carmin Priolo's ode to T.O. A wannabe songwriter has poured his heart out in a song about the city he loves. Page B12 REVIEW Canadian tests cancer drug Suzanne Giroux is one of the first to test a revolutionary new drug called Herceptin. PageBl FINANCIAL POST Eaton's didn't reveal sale plan Suppliers claim store had a secret agenda to liquidate. Page Dl results Super 7 Aug.

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Mr. Kessel heads the criminal and treaty law division of Foreign Affairs' United Nations office. The bishops have yet to receive any response from Mr. Axworthy's office, said Bede Hubbard, assistant general secretary for the CCCB. "We wanted to indicate the question had been raised," Mr.

Hubbard said yesterday. "We have asked for a clarification." Interviews with diplomats who took part in the New York meetings suggest that Donald Pi-ragoff, the Canadian delegate, threw his support behind the church after an impassioned plea from a Vatican diplomat But the bishops are worried over Ottawa's initial move to erode the sacrament of confession, said Mr. Hubbard, assistant general secretary for the CCCB. "Was it a discussion? Was it something they were just trying on? We don't know." Richard Wilkins, a legal scholar who made a presentation on privilege to the ICC commission, said the final draft still leaves priest-penitent privilege vulnerable. "Depending on how this language is interpreted, there could be essentially no priest-penitent privilege in the ICC," said Prof.

Wilkins, who teaches international law at Brigham-Young University and heads the school's World Family Policy Center. The original proposal, however, offered no protection for the privilege. When Msgr. La Rocca, of the Permanent Observer Mission of the Holy See, heard Mr. Pi-ragoff present a draft proposal by a working group on July 27, he was alarmed at the omission of priest-penitent and doctor-patient confidentiality.

"I was amazed at what they were proposing, and I objected very strenuously," said Msgr. La Rocca. "Historically, this is an abomination. After that, the Canadian approached me, Mr. Piragoff, and said, 'on the basis of your intervention, the doctor-patient privilege and the priest-penitent privilege will be respected.

While Mr. Piragoff told Msgr. La Rocca he was convinced, when he fH returned 10 days later with a new draft of the proposal, put together by the Canadian and French delegations, the ICC still maintained the power to override clerical privilege and demand that priests divulge confessional confidences, said Msgr. La Rocca. The proposal would have seen the court treat priest-penitent privilege on a case-by-case basis, confirmed a European diplomat who followed the discussions of the preparatory commission.

"It was an approach which would have allowed the court to get the maximum amount of information," the diplomat, who asked not to be identified, said. The proposal, which was also backed by Finland, would enable ICC judges to compel a priest to violate the confessor's confidentiality, the diplomat said. "For example, you are a priest You say to the court, 'I can't give this information because it was given to me in If the court, after examination, decides the priest should give the information, the priest is not in a position to refuse. There is no right to refuse." Several South American countries objected to the proposal, as did Msgr. La Rocca, when Mr.

Piragoff showed it to him. "I said, 'I can't accept this unless you add a sentence at the end that the court shall recognize sacred said Msgr. La Rocca. "And the Canadian, Piragoff, said, 'give me the language, I am not a Catholic." Msgr. La Rocca insisted, however, that despite his initial concerns, he was happy with Mr.

Piragoff. "The Canadians were a huge help," Msgr. La Rocca said. "Once I intervened, Piragoff immediately changed the proposal. No one could have been more amenable or more co-operative." While Mr.

Hubbard, the CCCB spokesman, said he had heard reports that Canada ultimately came out in favour of priest-penitent privilege, his group is still waiting for an official explanation from Mr. Axworthy. Msgr. La Rocca said he has urged the CCCB to back down in view of Canada's ultimate co-operation. "I told that to the bishops organization.

I told them, you're making a mistake here." Mr. Hubbard acknowledged that his last conversation with Msgr. La Rocca "was not very smooth," but suggested that Msgr. La Rocca, as the Holy See negotiator, "is trying to hold together a fragile coalition" in support of the privilege. A vote has yet to be taken.

A senior Foreign Affairs official yesterday insisted that Canada never supported any proposal to allow the court to override priest-penitent privilege. "I expect there were some discussions about how best to incorporate the principle into the rules of procedure," said the official. "That was misinterpreted as opposition. What happened was a complete misinterpretation." Any suggestion that the Canadian government supported scrapping the privilege infuriates Catholic groups. "I think you can understand how absolutely scandalous that is to anyone who understands 2,000 years of Christianity," said Thomas Langan, president of the Catholic Civil Rights League and a professor emeritus of philosophy at the University of Toronto.

If courts of law were able to use priests as witnesses against suspects in criminal cases, confessors would be unlikely to unburden themselves, and would then be unable to be reconciled with God, explained Joseph Boyle, a professor of philosophy at the University of Toronto and principal of St. Michael's College. Forcing priests to violate the trust of their confessions would place them "in a situation of conflict of obligations," said Prof. Boyle. The confidentiality of confession, the CCCB explained in its letter to Mr.

Axworthy, "not only concerns the more than one billion Catholic and Orthodox Christians in the world who consider the confession of sins to be a sacrament, but members of all religions." The issue of clerical immunity became an issue for the commission setting up the ICC because of international concern over the role played by nuns and priests in the 1994 Rwandan genocide. The Rwandan Bishop of Gikongoro, along with 30 other priests and nuns, were arrested for their roles in the massacre. Human rights lawyers, however, have argued that the priest-penitent privilege in no way offers immunity to clergy accused of criminal activity. National Post, with files from Rock Mofina and Norma Greenaway, Southam Newspapers Police should look 'somewhere else' for killer in '91 slayings By Karina Roman TORONTO The lawyer representing the former Toronto police officer charged this week with murdering two women 29 years ago believes the investigation of his client for further killings has gone on long enough. Ronald West, 52, has been investigated for four years by detectives who are seeking the man responsible for a double murder that took place in 1991.

"The investigation is new to the public, but it's not new to my client. He's been spoken to by the police regarding that incident for some time now, but there still haven't been any charges," said Dan Scully, Mr. West's lawyer. Mr. Scully confirmed his client has been a suspect since at least 1995 in the murders of Jackie McAllister and Brian Major and the attempted murder of Gord McAllister, Jackie's husband.

In 1991, the McAllisters, from Lindsay, were on a month-long vacation in northern Ontario at Blind River when a man Would I come back? I doubt it': graduate DRAIN Continued from Page Al The research "indicates that graduates who moved south were indeed taking advantage of opportunities that may not have been available to them in Canada," the report said. The results do not surprise Luc Despins, a native of Hull, who now works at a prestigious New York law firm. "I meet all kinds of Canadians here in investment banking, law and other professions," said Mr. Despins. Mr.

Despins, 39, headed for New York in 1985 after graduating from the University of Ottawa law school. He said he is earning at least three times what he would be making in Canada. His wife, Suzanne, is also a Canadian, and she has worked in the U.S. in the sports marketing field. "Would I come back? Boy, I doubt it," he said from a Quebec resort where he is on holiday.

In the Statistics Canada study, 4,600 of the 43,000 graduates surveyed moved to the U.S. soon after graduation. Some 300,000 students graduated that year. The group that left included a disproportionate number of PhD holders and master's graduates. "Master's and PhD graduates represented 15 and 8 respectively of all post-secondary graduates OPPORTUNITY CITED AS MAIN REASON FOR MOVING TO U.S.

who relocated to the U.S. In comparison, only 7 of graduates who remained in Canada obtained a master's degree and fewer than 1 had a PhD in 1995," the study said. Other students in the group were also among the top in their class and many had received academic awards, the study said. About 44 ranked themselves in the top 10 of their class academically. About one-third of those who went to the U.S.

were either nurses or doctors. The next biggest occupations were engineers and computer specialists. The most common reason cited for moving was career opportunity. "Over one-half of the graduates who moved south did so mainly for work," the report said. "In general, the factors most commonly given shared the theme of opportunity." Few graduates went to the U.S.

because of lower taxes. "At this stage in their careers, many of these graduates may have been most concerned with finding an opportunity in their field." About 18 of the graduates who Publication Mail Registration No. 1461885 Toronto, and No. 1461907 Edmonton, Alta. POSTMASTER return undeliverable copies to National Post, 300-1450 Don Mills Road, Don Mills, Ont.

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12919-1518. In Britain registered as a newspaper at the Post Office, London. left in 1995 returned to Canada by March 1999, the study said. Most returned to advance their career or for personal reasons. A majority of those who are still in the U.S.

planned to stay there, but 43 said they may return to Canada to live. However, the study said it appeared that most of the graduates were simply keeping their options open. Rahim Jaffer, the Reform party's industry critic, said the study confirms a trend that many already knew existed. "Being that it's only 1995 figures that they are looking at, it's not reflecting the seriousness of the problem today but it is showing that the trend is.moving in that direction," he said yesterday. Mr.

Jaffer blamed high taxes and low productivity in Canada for creating a climate that encourages bright people to leave. "The main problem that causes problems in all these other areas is the high marginal tax rates that we have in this country and that does affect our ability to compete, that does affect our ability to create new opportunity, that does affect our ability to keep highly skilled people here." National Post Mayor, other restaurateurs stunned ITALIAN Continued from PageAl "Italians on the other hand can't tell fresh fruit from frozen. They stuff themselves like pigs and then are likely to complain at the size of the bill. "When I know my menu is unable to satisfy such people, then I don't mess around and I tell them to go elsewhere I've even told two Carabiniere officers to do so. Yes, you could say my restaurant is exclusively for foreigners, because the food I serve is cooked to satisfy them." Her actions have astonished the local mayor and fellow restaurateurs, even though Paolo Morini, Gaiole's mayor, called it an "isolated incident.

We shall decide whether to take appropriate action." A spokesman for Confesercenti, the local office of Italy's main small business association, said: "Service industry laws forbid discrimination against customers, and in such cases proprietors risk losing their licences." Fabio Picchi, owner of Cibreo, one of Florence's leading restaurants, partially backed up Mrs. Antonella's claims. "It's true that Italians are more They are picky customers, and accept no mistake," he said. "But when they realize the quality of your food, they are all praise and are a pleasure to serve." The Daily Telegraph Final Summer Clearance Including our World Famous Brand Names Burberry, Private Collection by Hathaway, Daks, Aquascutum, Loro Piana, Pringle, Pantherella, Bonsoir of London, Haspel, Chaps Ralph Lauren, Baumler Hundreds of Summer Suits This Season's Best Colours in 2 3 Button Styles Dress Shirts Orig. 145 Orig.

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