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Family court gets more than its share of tragic cases COURT Judge Morton left checks point of law with court ad ministrator Robert Perry in the magistrates office The court handles between 75 and 100 juvenile matters mon th 100 to 150 adult matters month and 800 marital maintenance accounts Court is held 22 days month in Barrie Orillia Collingwood Midland and Christian Islandt Examiner Photo Review hearings to be open says Barrie review officer Rent review hearings in this area will be open to the public and media whenever possible says Bob Bentley recently ap pointed review officer Mr Bentley who replaces temporary officer John Jenn ings took over the Simcoe CountyMuskoka District office last week and started hearings this week He said the hearings will be open unless either the tenant or landlord give justification to close the doors think the hearings should be open but Im not permitting reporters or public to use tape recorders he said If landlords have fair and justified reason for increasing rents they should be willing to have an open hearing The rent review office which opened in February at 110 Dunlop St operates with the provincial legislation limiting rent increases to eight per cent year unless justification is shown for higher increases Mr Bentley former mayor and alderman in Barrie said there are hearings scheduled for about 1000 tenants and 100 landlords in the area As general rule he said the hearings will be Tuesday Wednesday and Thursday usually duringthe day But he said the rule can be bent if the circumstances war rant it want people to feel com fortable about the hearing he said No one leaving hearing should be able to say he wasnt given proper and just hear ing INFORMED RLLES The rules for the hearing are informal Mr Bentley said ad ding he will take oaths only if necessary to obtain the truth He said according to the pro vincial cat he can consider hearsay evidence and any other information which would help him reach an honest decision There is certain amount of decorum he said dont consider myself civil servant think Im public servant here to serve the public If either the landlord or te nant is not satisifed with the rent review officers decision an appeal can be made to committee board in Toronto Mr Bentley said most rent review officers would prefer landlords and tenants to solve problems before hearing is scheduled He said the two sides should attempt to meet and discuss the differences before applying to the review office for hearing The purpose is to make sure justice is done he said If it can be done more quickly and more amiably without hear ing then thats fine The fiveperson office on Dunlop Street includes the review officer application con trol officer document recor ding clerk telephone inquiry clerk and administration of ficer All employees are qualified to help people with rent pro hlems Mr Bentley said he hopes people are not afraid to apply to the board for hearing Ile stressed that landlords cannot take any action against the tenants NOT TOO KINDLY The province and this office will not take too kindly to landlord taking vengeance because hearing is started he said No one should be afraid to apply because they think the landlord will try to get even withthem Mr Bentley has lived in Bar rie since 1961 He operated an insurance brokerage firm until 1971 In 19681969 he was the ci tys mayor and an alderman 1973 to 1974 He was the director of promo tional affairs at Formosa Spr ings Brewery from 1971 to 1974 and is qualified corporate consultant In the role as review officer fulfil the function of judge but in effect do little more than judge to obtain the ncessary information he said Im dealing with people and this is what Ive always enjoyed doing For rent review information Barrie residents can contact the office at 7372111 Outof town residents can telephone the office toll free by contacting the operator and asking for Zenith 96000 Mr Bentley said often residents should call before go ing to the office because many problems can be solved in telephone conversation LOCAL GENERAL RATE INCREASED Russell Wilson vice president marketing of The Municipal Savings Loan Cor announced today that the rate of interest paid on the cor porations bonus savings ac counts nonchequing savings will be increased to 81 per cent per annum calculated on the minimum monthly balance ef fective April This move follows last weeks increase in the Bank of Canadaa rate and the subsequent increases made by the charted banks REWARD OFFERED An Aurora builder is offering $100 reward for the recovery of 63 fourbyeight foot sheets of lywood stolen from his Building site on Allen Street in Churchill Eugene Sokolowski told Innisfil Police he thinks the plywood valued at $567 was stolen either Sunday or Monday night GETTOGETHER The Barrie Apeldoorn Frien dship Club is having social evening April at pm Fils and slides of Holland will be shown in the Blue Flame Room of the Consumers Gas building Apeldoorn is the Dut ch city with which Barrie is twinned BLITZNIGHT Eastview Secondary School music students will sell chocolatecovered almonds doortodoor March 31 The blitz night is to raise money for student musical exchange trips Students will knock on doorsstartingat7pm IAPA MEETS Hands that are different is topic of speech Thursday March 18 at the Sundail Inn Orillia sponsored by the In dustrial Accident Prevention Association of Barrie Midland andOrillia Gordon Stephens safety consultant speaker Buffet at 630 retired is guest BOARD OF REFEREES The Greater Barrie Chamber of Commerce has nominated Ron Tyler to serve as managlt ment representative on Bar ries board of referees for unemployment insurance claims The position federal appointment is filled by the government through the On tario chamber COMMITTEE CIIAIRMEN Art Rogers was confirmed as chairman of the Greater Barrie Chamber of Commerces education and youth committee Tuesday while Monte Barnes was confirmed as head of the regatta committee for Kempenfest WHO AMI The Greater Barrie Chamber of Commerce is looking for $2000 in sponsorships for its who am program disign ed to upgrade the public image of Canadian business Under the program 15000 inserts advertising the business com munitys contribution to socie ty will be mailed to the public once every three months and 1000 matching posters will be distributed in the city PUPPETSHOW The childrens department of the Barrie public library is holding puppet afternoon Saturday to pm with Ray Bowler puppeteer Mr Bowler will show children his puppets and instruct the children while they make their own puppets The afternoon is for children five years of age and older The childrens department is located on Mulcaster Street north of Col lierStreet BATIK WORKSHOP batik workshop is schedul ed 10 am to pm Thursday March 25 at the childrens department of the Barrie public library The workshop is for children and adults five years of age and older People are allowed to come and go in the library as they please during the day Hot wax and dye will be supplied and anyone in terested in learning the craft under the direction of Sharon and David Dunsome are asked to bring articles made of cotton or pure silk OTTAWA TRIP About 35 members of the Bar rie Sea Cadet are leaving for two day trip to Ottawa at am Thursday March 25 The trip is citizenship tour and wi include visit to the parlia ment buildings By PETER LESNIAK Examiner Staff Reporter The people who pass through family court are not criminals in the eyes of the law Frequently theyre victims Victims of bad marriages poor home environments or economic hardships If youre an adult and your marriage is on the rocks or if youre an unloved and un wanted child the chances are good that you will face Barries family court magistrate Judge Morton To most people its known as family court Some call it the poor mans court because the socially disadvantaged are usually from the lower economic strata Officially its called provincial court family division However its referred to this court gets more than its share of tragic cases Recently reporter sat through five cases heard in the tiny courtroom in the old cour thouse on Poyntz Street Following is an account of the proceedings No names are used because all family court proceedings are heard in private CASE ONE Simcoe County Childrens Aid Society social worker told Judge Morton the agency had taken custody of ATTEMPTED MURDER HEARING threeandahalfyear old child in Collingwood after the mother had deserted him The mother has been out of the area for 13 days the social worker said The child was left in the care of an elderly neighbor who is not in the best of health When the elderly woman found it im ssible to cope with young ild she telephoned the Childrens Aid The mother left no informa tion where she was going or when shed be back the social worker said She added the child had been deserted twice previously for long periods of time The law requires hearing to be held five days after child is taken into custody by the agen cy Since the mother was not present the hearing was ad journed until the childrens aid could locate the mother CASE TWO teen ager pleaded guilty to theft under $200 in connection with shop lifting incident at local store He appeared for sentencing accompanied by his parents and probation officer All ciminal cases involving juveniles between the ages of seven and 16 are heard in fami ly court If juvenile pleads not guilty legal aid lawyer will be appointed by the court Since this offender pleaded guilty comprehensive social history was prepared for the judge Although the normal rules of evidence apply when we get not guilty plea Judge Mor ton said the courts generally are more informal and tend to take more clinical approach wherever possible After reading the case history contributed by the boys teachers parents school atten dance counsellor and others Judge Morton imposed one year probation During this time the boy must obey his parents and be home each weeknight by pm and weekends by 11 pm He must also not shop in any department store unless accompanied by an adult or without written per mission from an adult CASE THREE youth just turned 16 was to appear in connection with an offense committed in Bradford His probation officer appeared instead and told the court the boy would not be attending He wasnt in the least con cerned the probation officer said She added he is soon to ap pear in criminal court on another charge committed after he turned 16 His father was asked to come to court and refused the proba tion officer said Judge Morton issued war rant for the youths arrest the day after this appearance in criminal court Once young offender is judged juvenile delinquent the court may require himto restitution or damages send him to training school or transfer the case to criminal court for trial if the case is serious enough and if the of fender is over 14 years old CASE FOUR young girl picked up by city police downtown one night ap peared on charge of drinking under age Police testified that she was so intoxicated that she had no control over her body was physically ill and needed assistance to even walk Under questioning by Judge Morton it came out she was born August 18 1959 making her too old to be dealt with by family court have no jurisdiction Judge Morton said If shes convicted in criminal court she will get fine of under $100 and criminal record If the case had been heard in family court she would have been given the usual fine of $25 CASE FIVE 15yearold boy on his way to school with some friends bullied some younger children Saw Borland pull knife bartender claims at trial By JOHN WROE Examiner Staff Reporter Testimony of bartender in the Dorchester Hotel in Coll ingwood showed rville Gorlt don Borland 57 pulled knife out of his pocket and stabbed Arthur Carefoot Nov 26 Borland of Collingwood has pleaded not guilty to charge of attempted murder and his trial moved into its second day Tuesday The charge was laid after barroom scuffle which sent both men to hospital Borland with scrapes and bruises and Mr Carefoot with cuts to the throat and face including one which came within half an inch of the carotid artery Robert McRac now living in Toronto had been bartender in the draft room of the Ior chester since October and witnessed the fight He said he noticed Borland came into the bar about 10 pm and had first complained there was no salt on the tables after being served beer Mr McRae explained to him that customers had stolen the salt shakers and provided some from behind the bar after first asking the manager Then said Mr McRac Borland had 1059 voters 44gt PROPOSED MUNI Proposed polling stations for this years municipal election are in ward sta tion Johnson Street School serving 2389 voters east of Nelson Street station Codrington Street School serving 1977 voters south of Steel Street between Duckworth and Nelson sta tion Steele Street School 1373 voters north of Steel between Duckworth 31856 voters stepped out for minute and on his way back to his table had slapped Mr McRae in the stomach Mr McRae told Borland to keep his hands to himself and testified that Borland replied that he was ready for anything Borland then sat down at this seat and while later shouted out asking if anybody wanted to play shuffleboard After ask ing for the second or third time Mr Carefoot said he would play Mr McRae wasnt watching the game but was in the general vicinity of the shuf fleboard After the game had gone on for five or 10 minutes he heard an argument then saw Borland take swing at Mr Carefoot FORCED IIIM BACK After having two blows land ed on him Mr Carefoot grabb ed Mr Borland by the shirt and forced him back to parti tion near the end of the shufv flcboard Mr McRae said he then saw Borland pull small knife out of his pocket open it with thumbnail and start stab bing at Mr Carefoots neck Mr McRae had been about to intervene but when he saw the knife he went to the lounge por tion of the hotel and asked the 2481 voters 1059 voters 1402 voters and Nelson station Maple Grove School 1664 voters between Duckworth and St Vincent Streets Ward station Trinity Anglican Church serving 2665 voters bounded by Bayfield Wellington St Vin cent and Duckworth sta tion Oakley Park School 2481 voters ounded by Wellington Bayfield St 1664 voters 2665 voters v3b 2603 voters manager to call the police The actual fight was over when he returned and he saw Mr Carefoot being led away with blood spurting from his neck Borland he said was lay ing on the flobar and some of the men who had been drinking with Mr Carefoot were holding him down kicking him Defence lawyer Len Noble tried to cast some doubt on the veracity of Mr McRaes testimony by suggesting he had discussed details of the case with Mr Carefoot and others who had been in the hotel Mr McRae denied this and said he had only had few beers with the others and was not per sonal friend Mr Noble also got repri mand from Mr Justice Weatherston for making an im proper suggestion Mr Noble had asked Mr McRae why he had left Collingwood and he replied somewhat reluctantly that it was because someone blew up his truck It appears you did not make friend while you were there said Mr Noble That is really most im proper said Justice Weatherston There is no in dication of that 1373 voters ml iii 1977 voters 33 zl CIPAL VOTING STATIONS Vincent and Highway 400 station Cundles Heights school 1856 voters between Bayfield and St Vincent beyond Highway 400 Ward station Per tage View School for 1059 voters beyond Highway 400 between Bayfield and Dunlop station Hillcrest School 1059 voters between Bayfield and Dunlop Jl uu Ivan Carefoot Arthurs brother gave slightly dif ferent account of the scuffle He said he was sitting in the ladies and escorts side of the draft room and had run to the scene after Mr Carefoots girlfriend had shouted that she saw blood James Brooks had been sit ting with him and they both went to the fight Mr Carefoot said he saw Mr Brooks pull Ar thur off Borland and then said he saw knife in Borlands hand Mr Carefoot said he kicked the knife out of Borlands hand then kicked his feet from underneath him to knock him down Mr Brooks agreed with this but said he did not recall seeing Ivan Carefoot knock Borland down Both men said they did not kick Borland while he was on the floor Mr Brooks said he did steer Ivan Carefoot away from Borland fearing that he might get into another fight After the Carefoots had left the room Mr Brooks told Borland to stay until the police came He testified that Borland said something to the effect that Mr Brooks would get the same treatment Arthur rcfoot 2389 voters 1483 voters on the downtown side 01 Highway 400 station to Prince of Wales School 1402 voters between Tiffin and Dunlop Ward station King Edward School 2603 voters between Little Avenue and Iiffin west of Bayview station Assinkinack School 1483 voters east of Bayview and south of Little playing on an ice hill woman witnessing this from her house across the road went out to put stop to it She was verbally insulted by the boys and in brief scuffle on the ciy hill suffered cut finger and torn stocking She carged the boy with assault She told the court she was willing to withdraw the charge if the boy made public apology You bully younger boys and then you get abusive if someone comes out to protect them Judge Morton said If you were well disciplined and had any care would have thought youd apologize and walk away You should be protecting younger boys not pushing them around he said This type of thing growsboys doing things for kicks Its your attitude that counts he said Then he made the boy apologize to the woman minor case like this will probably be settled out of court once the new courthouse is built and the family court division moves to expanded quarters court administrator Robert Perry said Its hoped diversion process will be set up to bring the juvenile offender and the per son who made the complaint together so the matter can be settled out of court Minor cases that can be settl ed without going through the courts will save time and tax payers money Mr Perry said Diversion processes are be ing experimented with in Orillia and Midland Mrs Perrysaid Another change soon to be in troduced by the federal government which will have dramatic affect on family court is the act Young People in Conflict with the Law All ciminal offenders bet ween the ages of 14 and 18 will be tried in family court once this law is enacted to rehabilitative approach can be taken Mr Perry said It will mean tremendous in crease in caseload for the family court We dont know yet how well be able to handle it he said Judge Morton has often said that the work of his court can be greatly helped by the co operation of parents and teachers If children are loved and supported in the home they do not usually turn up in the courts If teachers treat children as persons help them to get the proper courses stimulate their curiosity to learn and not discriminate against slower learners then we would have less truancy and delinquency Ellie flame Examiner CITYNEWS The Barrie Examiner Wednesday March l7 19763 More chances to vote suggested by committee By PETER DEPODESTA Examiner Staff Reporter Barrie voters may have better chance to cast ballots in the 1976 municipal election The finance committee has suggested increasing the number of polls in each of the four wards to handle the increased number of voters Ald Alex Arthur committee chairman said the additional polls will increase city election expenses by about 10 per cent over 1974 The committee is budgeting $26000 this year he said which compares to the 1974 cost of $20451 The money is used to pay salaries purchase supplies and advance publicity Ald Arthur said the main reason for increasing the number of polling stations was the serious overcrowding conditions in 1974 during peak voting periods He said people lined up outside the voting booths to cast ballots In report to the committee Peter Westwood deputy city clerk said voters were inconvenienced in 1974 by long lines poor parking facilities and great distances to travel At the present time there are two polls in Ward two in Ward two in Ward and one in Ward The increase will put four polls in Ward three each in Wards and and two in Ward POLLING STATIONS In Ward the polling stations are at Johnson Street school Codrington Street school Maple Gove School and Steele Street school Ward has polls at Trinity Anglican Church Oakley Park school and Cundles Heights school The Ward polls are at Por tage View school Hillcrest school and Prince of Wales school with Ward polls at King Edward at Assikinack schools Mr Westwood said the additional polls are only temporary move for the city because of the increasing population He said by the next election in 1978 residential districts and will change Ward and district will effect Ward boundaries The deputy clerk said the city will have to hire more deputy returning officers and poll clerks In 1974 they worked about 14 hours on election days 22 011 eligible to vote in 1976 elections in city There are about 22011 people eligible to vote in the 1976 municipal election Dec Ward east of Duchworth Street has about 7403 voters eligible for the 1976 municipal election for mayor aldermen public utitilies commissioners Extra polls are suggested Two advance polls are scheduled this year to reduce thetimecounting ballots Peter Westwood deputy city clerk in report to the finance committee suggested the two polls because of problems in the 1974 municipal election Mr Westwood said it took two days in 1974 to clean up backlog caused by the 3000 ballots He suggested holding an ad vance poll at City Hall on Col lier Street for Wards and and at Prince of Wales School on Bradford Street for Wards and The advance polls are open four days during two week period prior to the election The ballot boxes are not opened until the close of polls on elec tion day and school board trustees In 1974 there were 6455 voters in the ward and 587 per cent went to the polls to cast ballots The second largest ward is between Bayfield and Duckworth streets with 7002 voters About 484 per cent of the 6860 voters eligible in 1964 went to the polls There are 3520 voters in Ward Tiffin to Bayfield streets In 1974 4705 per cent of the 4888 voters cast ballots which was the poorest turnout in the city Ward from Tiffin Street south to the city limits has 4086 voters During the 1974 election it had the second strongest turnout with 539 per cent of the 4072 voters hitting the polls The ballot leaders in 1974 were Mayor Dorian Parker aldermen Alex Arthur Ward Jim Perri Ward Val Brucker Ward and Paul Wesscngcr Ward For the Simcoe County Board of Education Allen Fisher top ped the polls with John Bren nan leading the Simcoe County Roman Catholic Separate School Board trustees Ernie Alexander led the way in the voting for the public utilities commission Bury named chairman of Parkview committee Vern Bury who topped the election polls was selected as the 1970 chairman of the Park vicw cntrc advisory com mittee this wcck Mr Bury led recent executive election with 52 votes from the members The executive selecch him as the committees chairman Serving with Mr Bury are John Smith viccchairnnin Nina Black secretary and John Ransom treasurer number of convcncrs for social activities were also up pointed hy the executive The positions include social Ester West and Marion rawlord newsletter Elsie Raikcs and Bea Arncm building and property Jim Mctlinnis and Ross Kennedy visiting Lula Irosscr crna Hamilton and Elsie Raikcs newsletter liaison Bea Linton and librarian Adaladc Roberts The committee organizes the centres programs with guidan cc from the citys rccrcation department There are about 675 members at the centre on BlachlIctt