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the examiner Wednesday NIay 16 1979 EIII By CLAUDIA KRAlSE Of The Examiner Psychiatrists social workers and lawyer with special train ing in childrens rights are gaining stronger voice in legal decisions affecting chilren in Ontario says David Smith Barrie lawyer Welfare of the child is the courts paramount considera urn1 tion today in such actions as parents divorce he says Before new legislation pro tecting childrens rights courts placed as much weight on paternal rights and parents conduct as well as welfare of their chilren in awarding custody Smith partner with the firm of Livingston Myers and Cockburn says children today may have their own legal representation in court through legal aid paid by the province Applications are now being received from lawyers in On tario who wish to develop specialization in childrens rights These lawyer will make up reserve from which courts may Klnettes announce challenge The Alliston Kinettes have challenged all other service clubs in Alliston area to match or beat their $l00 donations to Contact community service cen tre in addition to its telephone services and used clothing depot Contact recently started free legal advise clinic on Monday evenings Left to right are Klnette president Carole Kennedy Teri Resteymayer Marnie Thiverge Carol Gierak receiving the cheque and RuthAnne Brownlee Examiner Photo Afidiior Claudia Krause7266537 Childrens welfare top consideration custody ruling by courts lawyer draw when child needs in dividual representation IIIERE WHEN NEEDED This representation may be requested by the court relative or by an older child for itself Smith suggests the right to representation will probably not be overly used but will be available where there is ma jor contest The Family Law Reform Act the Succession Law Reform Act and the Childrens Law Reform Act all introduced last year set into statute form many childrens rights already in cur rent law However childrens legitimacy is no longer an issue in law One situation in which this change has an effect is in division of estates according to wills Any child legitimate even has equal rights when an estate is divided amOng children unless thewill specifies only children born withinmarriage Also accordingto the Family Law Reform Act children over age of majority are nowcharg ed with the requirement of sup porting their parents if in need says Smith GOOD LEGISLATION New legislation affecting children is good legislation but difficult to apply practical ly because the guidelines are being set from day to day as new cases come up says Smith Its difficult to advise client on the possibilities of slit cess in winning case he says In divorce cases the ques tion of joint custody is going through great flux In if il ficial Guardian states February the court said joint custody should not be awarded except in exceptional cir cumstances Now it the court must define what are exceptional cir cumstances Smith agrees with the stronger focus on childrens welfare as well as new rights to representation and adds that this may help clear problems of overload in the Official Guar dians Office ORDERS INVESTIGATION This office orders investiga tion into divorce actions where parents dispute which of them should receive custody of their children The local Childrens Aid Society may be appointed to carry out an inhome in vestigation and report back Once the societys report receives the seal of the Official Guardians Office it may be entered as evidence in court Smith sayshe foreseesthat lavvyers for children will now become involved When the Of should have representation or whenthe court orders that children need separate legal advice Family law can be frustrating says Smith because clients often change their course There is ongoing change and lawyers must see what happens over time if the injuricsstay orgoaway Custody battles can last for years and meanwhile peoples circumstances change They can remarry for example But at least the law now states that children are not go ing to be harmed by their parents disputes As the law says welfare of the child is paramount Clairol Ban Wagon at Boots consolation prizes Boot AntiPerspirant oz255 Boots Reg Price 199 ANIISUDORIFIOUE ULTRASEC ban ll SUPER DRY we 501 mi tumI uuoomnw For your nearest location please see our larger ad in this newspaper IM of The Boots Company Limited Right now Boots has terrific savings on Bar Deodorants and other excellent Clairol products And you have the chance to enter Clairols Ban Wagon Win one of31979 Aspen Station Wagons or one of 200 Just send contest entry form along Wllf proof of purchase from any Ban product Entry forms are available at AntiPerspirant 25 oz7l mL Boots Reg Price 189 49 Illlllll Anti ulnwu mum iwm no Drug Stores NonAerosol AntiPars ircrnt Boots Reg Price 239 the shampooIn with rich built in CMUIDUMI Ban Basic PrCY 35 oz100 mL 79 115 oCLAIROL Hair Boots Reg Price 269 contienl d9 Bill wMPii ll ivmunnn Hill inuwmi Whilt Nice Easy Sham in olor iiiiiii net kllithli Min HAL Herbal Essence Shampoo BOOTS Rog min pioimn Price 259 mini ti Aimit sharpoong herbal avec ptoléitm Save 30 Final Net NonAerosol Hair Spray 225 mL Boots Reg Price 209 179 Prices effective until May 27th 1979 We reserve the right to limit quantities Due to space limitations all items may not be available at all locations they LderLNetes Roses need correct planting air drainage sun to thrive By JEAN GABLE Barrie Ilorticultural Society The rose is the civic flower of Barrie We hope you will do your part to make our city Rose City Likely after Mothers Day there will be lots of roses to plant Roses need sun good drainage and good air circulation The planting area should be thoroughly prepared to depth of two feet If you have heavy clay you may need to dig deeper If soil is sandy you wont need to go so deep The soil mxture should be about 13 peat 13 good top soil on the clay side and 13 wellrotted cow or sheep manure well rotted compost Add two ounces of bonemeal per bushel of soil The hole should be deep and wide enough to allow you to spread the roots out naturally Make little hill in the hole and set the rose with the roots spread over this mound The graft point where there is bump on the stem should be one inch below the surface or even little more Cut off any broken branches or roots If your rose is in plasic bag remove it trim roots and 13 of top growth always pruning just above bud facing out ward Spread the roots cover with fine soil tramp down and water very well Best to water when hole is half full then again when full Leave little hollow around the plant to hold water better Vrrrr If your rose came in papermacho pot set the pot in the hole at correct level cut off to tramp soil firmly around it rim slit dovyn both sides and If rose is in tar paper Cut out the bottom of th container set in the hole make about four slits down the sid and then plant as above Fertilize your roses with D2 cu 202020 as directed on label All roses should every three weeks from May plgood rose per plant or fehilized to the end of August Spray with an insecticide and fungicide twice month SOCIETY NEWS Fourtythree members of Barrie Hofticulturallnoéily en joyed May at James Gardens in Islington and Anne of Green Gables at OKeefe Centre Toronto The gardens were beautiful This year they have some very attractive solid beds of yellow and blue ViolasMagnolia forsythia flower ing crabs and early rhododenrons were in full bloom Tulips were not fully open nd many wild flowers including trilliums were out in bloom This week 47 members leave for Holland Mich to view tulips there The Spring Show of Barrie Horticultural Socie ty is May 24 and we hope no storms will wreck all tulips The Mennonite bazaar is May 26 Spring plant sale is also on May Art Coles will be speaker at the spring show Simcoe Dayilfirst Monday in August Resolution passes without debate By ALLEN FISHER The resolution of the Simcoe County Council that Civic Holi day the first Monday in August be named Simcoe Day in the county was achieved with unanimous consent The resolution became the se cond of its kind The first was passed in 1968 by the municipal council for the city of Toronto The council then chose to newsmakr contest Diane lvits of RR New Lowell correctly identified last weeks photo in The Newsmakers Contest as the St John Ambulance casualty simulation and won Big Meal at McDonalds if you know the story behind this weeks photo send your name address telephone number with your entry to Newsmakers Contest The Examiner Box 370 Barrie L4M 4T6 Winners will be notified by mail Winners are selected by random draw of all cor rect answers Examiner Photo change Civic to Simcoe in honor of the first Lieutenant Gover nor of Upper Canada who founded York in 1793 Since 1972 three members of the Legislative Assembly representing the County of Sim coe at Queens Park have con sistently asked the Provincial Government to have the name of Civic Holiday for the pro Vince changed to that of the first Lieutenant Governor John Graves Simcoe bill to that effect has pass ed its first and second reading but not without considerable debate Simcoe County Council took no such drawnout action on March 28 With no political discussion about the propriety of the resolution the coun cillors enthusiastically sup ported the resolution with its change Simcoes British countenance was more visible than any facial blemishes he might have had QUESTIONS REMAIN At Queens Park last June the bill received opposition along political even ideological lines There were questions to be answered Did Simcoe in his four years in Upper Canada lay the foundation for the Family Com pact which after his time cx cited and inflamed the Rebellion of 1837 Did he not intend to reproduce in Canada West the facsimile of his native Englands culture and class system Did he not detest American rcpublicanism and revere the constitutional monarchy of the United Kingdom To all of these questions historians will answer yes To judge him on these ques tions alone however is to ex pect too much of man of his time his place and the instruc tions by which he was guided Britain had lost the War of In dependence in which Simcoe had distinguished himself as colonel of corps of his own making the Queens Rangers The British were conccrnul about their empire in America as they watched it crumble in the 1730s Serious given to consideration exchanging France for certain sugar islands and of letting the wilderness of lpper Canada formerly part of Quebec under the Quebec Act reycrt to the natives inhabiting it Or of leaving the few Loyalist English in tpper Canada to which they had Illlglflltd but lllltltl French Church and feudal system of landholding And the British continued for some time to consider revi sion of the peace treaty so that an Indian buffer state might be sustained between the American Republic and the fur bearing lands of the west whose harvests were forwarded to Montreal As the first lieutenant gover nor Simcoe chose none of these possibilities He was appointed to make sure that the new col ony of Upper Canada would be loyal province of Great Bri was New Spins wheel of chance About $700 was raised at Monsignor Clair School Barrio over the weekend at family ftn night The night sponsored by the parent teacher action group was held to obtain funds for the school Roger Cottrill was out look ing for customers at the wheel of chance Examiner Photo tain salient of the British fact thrust into the midcontinent of North America Against con siderable obstacles he made beginning Yet the immigrants from the United States which he en couraged were not always as lgieyal as he assumed they would Many were more interested in getting land than in accep ting loyalty as the later War of 1812 revealed The Wesleyan Evangelical movement that came with the immigrants brought republican sympathies Evangelists scoff ed at monarehical institutions and papist habitants And some of Simcoes strongest opposi tion were rich merchants like Richard Cartwright of Kingston who retained slaves It was time when British abolitionist sentiment influenc ed the gentry although not the plantation owners of the Em pire and Simcoe in his new of fice soon moved to end slavery before it could get established in the new province ANTICIIATION Simcoe anticipated re opening of the American War of Independence and this affected his planning He established the long forgotten passage de Taronto by his exploratory trip from Holland Landing to the mouth of Penetanguishene Bay in September 1793 by war of Lac Aux Claies and the Severn or Matchedash River As part of defence policy he used the York Rangers for cutting Dundas Road towards Detrmt With the help of Bercv zys German settlers he secured another com munzcazion from York to Hollands Landng but it re mained more planned than passable Lip to the opening of the War of 1812 British authorities then used much of the Toronto Carrying Place to forward men and sup plies to western posts on Lake Huron Workshop marks Mental Retardation Week daylong workshop to mark this week as National Mental Retardation Wee ill be held by Georgian Col lege on Thursday at the Ho day Inn Barrie am to Cost is $20 The workshop is designed for staff workers who car for severely and profoundl retarded people at nursin homes homes for specia care and hospitals Nancy Goldward lawye with the National Institute on Mental Retardation wi speak from 1045 am noon on legal issues She currently preparing for upcoming seminar sterilization of mentally retarded persons Flora Nicholson registered nurse and ad mimstrator of Rygiel Horn in Hamilton and Ian Walli co tIllllll0l of Georgian Co leges mental retardatio counsellor program will par ticipate in discussions durin the writing Alternate aiproaches tor planning care or profoundly retarded persons normaliIalz tion assessing development23$S and techniques for modifyingg beliavmr will be discussch diiring the afternoon second workshop in the jElam workshop series is fined for June and will on planning care and train ing for greater mobilit retarded persons The inal two workshops will be itIiis fall iiiP