Ontario Community Newspapers

Whitby Free Press, 2 Jul 1975, p. 8

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Q. You .in the testify often hear people "taking the fifth Amnendment" United States. Is there a similar right not to on grounds of seif-incrimination in Canada? A. Yes, there is a qualified righit not to testify in Canada on the gounds of sef-incrimination., But it is of a different sort than in the U.S. Iii? criminal matters, the law is contained in the Canada Evidence Act. It provides that the accused need flot be put on the stand if he doesn't want to. But if he does go on the stand, he 'can be required to answer any question. A witness called in a criminal matter may be compelled, toariswer any question. But, if he fears. that it may* incriminate him, he can ask for "protection of the Canada Evidence Act." When the judge grants hlm this protection, he must answer incri.minating questions, but his answers cannot be used against him in subse- quent criminal proceedings. A simnilar mile applies in civil proceedings. A person cari be forced to answer any questions wh ich may make him 'civily 'or crimînally hiable. He may be given protec- tion against use of his testimony in civil proceedings against him, but he cannot be protected against crrninal prosecution when he testifies in a civil suit. Q. My apartment lease mentions "quiet enjoyment". Dois this have anything to do with keeping the volume of sound low in my apartment? A. No. Inspite of its name such a clause in a lease refers neither to noise nor to enjoyment. A covenant for quiet enjoyment means that you will have peaceful possession of the premises, without fear of being thrown out of possession, either by the landiord or any of his agents. A covenant for quiet enjoyment cari only be enforced against the person wvho made it. If, for example, the landiord defaulted on his mortgage and lost the building you could be evicted by whoever held the mortgage, You would however, be able to sue the landlord in damages for his breach of the covenant for quiet enjoy- ment. Q. I have often wondered why the defence of insanity is only used in major crimes like murder. Since it can get the person off, why can't it be used for highway traffic offences or shoplifting? A. The reason is that if a person is proved to have been insane at the tirne of the commission of an offence, "the Family and friends were on hand when Leo Christel, third right, graduated with a Bachelor of Science in Engineering degree at the University of Guelph's Spring Convocation. Pictured with him tion". Once put in as a criminally insane person, he cannot be released until the government decides to let hinm out. So a successful plea of insanity could,, resuit in virtual ife sentence for shoplifting or spitting on a street car. Q. 1 was told many years ago that I was adopted. I neyer asked my adoptive parents while they were alive who my real parents were. But my adoptive parents died several years ago and now 1 want to know who my real parents are. Is there any way at ail that I can find ou t? A. Normahly adoption papers are scaled when the court order is made for adoption. They can only be opened for inspection either by the order of a judge, or by the consent of the provincial Dîrector of Child Welfare. You should write to the director first, and only if you cannot procure his consent should you go through the more expensive procedure of an application to court. are his parents, Mr. and Mrs. Herman Christel, left; Mr. and Mrs. Cal Moore with daughter Chris Moore standing in front of. them, Mr. and Mrs. Steve Henry and baby Danielle Henry, ail of whom camne from Whitby for the occasion. month, expiring at the end of September. I do flot have the money to pay the landiord for the last two months of the lease, and he is going to rent the house agaîn. However, hie stiil wants me to pay the last two month's rent. Is this legal? A. Your landlord may flot charge you for the last month's rent if he rents the premises before the end of your lease. He may only charge you for the time that your house remains empty, during the term of your lease, plus any çosts he may incurr in renting the house. "Thiese questions and answers, based on Ontario law, are published to inform and flot to advise. No one shouldtry to apply ar interpret the law wiîhout the aid and advice of a trained expert who knows the facts, since the facts of each case may change the applicationT of the law." law requires tmat ne can pi tu IL>a inista àit STARTS THURSDAY JULY 3RD 30 -50%00OFF SIZES -15 -20 12 1/2 GOWNS - DRESSES m 241 /2 - COATS Pantsuits -Co-ordinated Sportswea, -Summier Jewellery "A SPECIAL SHOP FOR SPECIAL WOMEN" ';% 't3BUet BOND TQWERS MAIL DOWNTOWN OSHAWA PIN-HEADED 'Oh dear! " sighed the traught wife as she was !ssing for a night on the in, -I can't find a pin iwhere. Where do ail the s go to anyway? " "That's Jifficuit question to an- ar," replied a consoling ;band. "Pins seemn to be iays pointed in one direc- - and headed in another." TENDER PAINTING CONTRACTORS Exterior paintinlg and repairs to Cottage No. 6, Kitchen No. 2 and the Staff Develop- ment Building at the Ontario Hospital, Whitby, Ontario. TEN DER No. 3 1C-3 57 Individual sealed tenders-will be received until 2:00 P.M. local tirne, JuIy 16, 1975. Tender Documents may be obtained from the Ontario MinistrY of Government Services, Lindsay Regional Office, 322 Kent Street West P.O. Box 7000, Lindsay Ontario. NOTE: For further informa tion regarding this tender please call Mrs. E.M. Neale ai the above address. Telephont (705) 324-9188. The lowesi or any tender flot necessaril> accepted. Open F. til 9 57-7152CHARGEX Otal MASTERCHARGE Govmment Services 576-7152 il .1 ýël a Ilb (5) Ontado Open Fei. till 9

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