Jud e praises \ school board decision FROM PAGE At1 board's position that what it was doing was within the act and was for good educa- tional and administrative reasons. A. school board, = said Clyne, could set local policy for effective and efficient operation and had this not been permissible then boards would have had to leave it to the government to run it all from Victoria. His argument was that if legislation had intended that elementary pupils should on- ly attend elementary schools then this would have been specifically referred to in the act. Clyne said that throughout the province there were about 3,000 grade seven pupils enrolled in secondary schools. As for the planning of the closures and transfers, Clyne said it had been based on a long-range education report that took into account pro- jections of pupil populations and teaching levels. The board had not kept the plan “close to its chest.” he said, but had given full distribution of it throughout the whole district. “In my respectful submis- sion the board would be derelict in its duty to allow these schools to remain open in the present financial cir- cumstances which exist in the district and province,” he remarked. Clyne also sub- mitted that with a declining pupil population the financ- ing of education was made difficult because the board was limited for funding, which is primarily based on a fotmula which included the number of schoolchildren. The position before the board then was, he said, how to allocate resources to achieve specific educational goals and objectives rather than just save money On the decision to move the grade sevens, Clyne sub- mitted that the steps that were taken by the board were more than sufficient to meet parents. “I submit that the decision was taken in good faith and not in an arbitrary manner,” he said. He concluded that one of the grounds that could be us- ed to uphold the petition would be if the decision had been unfair and arbitrary. No allegation to this effect had been made, he said. Counsel for the Ministry of Education, Jo Arvay, said that the minister's decision was independent of the board’s and was entirely valid, as was the board’s over the grade sevens. There had been, he said, no evidence from the peti- tioners that the decision was not lawful. “The closures authorised by the minister cannot be seen as the reason why the school board wanted to transfer the grade seven students,” Arvay argued. And as for the transfers, he said that section 88 of the School Act gave very wide assigning discretion to the board. There were many the concerns of secondary schools in the province which already housed grade seven students, he said. Arvay wamed that there would be enormous con- sequences to the province if the petition was upheld. He added that there had been no bad faith in the mak- ing of the decisions that could merit a judicial review. Arvay closed by saying that legislation had given the school board the power to make the decision. Gooderham, said in reply: “We have not made the ad- mission that it was contrary to the interests of the students.” “It may be that things be- ing done in other parts of the province are contrary to the law,” he remakred. Gooderham added: “] am not questioning their good faith, their hard work, or the reasonableness of what they did. It is germane to con struc what the legislative in- tent of the School Act is,” he argued. Judge Dohm said the argu- ment of the petitioners plac- ed too much importance on definitions within the act. He added that the board had ex- clusive power to assign and that by putting grade sevens into secondary schools the board was not in breach of the relevent section of the School Act which stated that secondary schools “will con- tain most or mainly secon- dary students.” Judg continued: “I think that really ends it so far as the legal ground is concerned. The board are in my view acting totally within the legislation as was the minister when he caused, or agreed or ordered the closure of the schools.” He praised the board for its handling of what was obviously a very delicate problem. “I am sure parents think, and probably abways will, that it would be better for their child or children to receive one more year of elementary education,” he commented. He said the board had considered’ the whole problem, as opposed to any one in particular, and had considered the necessity to provide comprehensive and equal education, bearing in mind the financial restrictions placed on it. Judge Dohm concluded by saying there was no basis for the parents to complain. The board, bearing in mind that the action against them was by concerned parents, asked the judge to make no order for costs. SCOUTS CANADA A15 - Wednesday, June 22, 1983 - North Shore News | SS NEWS photo Stuart Davis UNDER FULL SAIL for the start of the big race, everyone was a winner since the emphasis of the day was on having a good time. FROM PAGE A1 wisdom, turned a blind eye. Amarilli was credited with being the first boat “official- ly” over the line. Talofa Lee, flagship of the North Shore News, found itself going over the line under full sail, backwards. Many of the crews took advantage of the beclaimed situation and pelted one another with “water bombs”. Eventually a zephyr of wind stirred itself, the fleet sorted itself out and the race was actually underway heading for the Point Atkinson mark which, in most cases, took almost three of the five hours allotted to the race, to round. The Point Atkinson-Point Grey-QB Marker legs were faster and enabled a third of the fleet to make a race out of it. The “Tail-end Charlies” resigned themselves to their fate and continued to “at- tack” each other with assorted water-filled missiles. There were 52 official finishers by the time the Ipm gun went off calling the race, but cight more sneaked over the line while the Committee Boat, skippered by Al Mun- nik, was pulling up anchor. From the reaction of the contestants who gathered at Boaters’ Village for the presentation ceremonies and festivities everybody had fun, and safety afloat had been preserved. This year assistance above and beyond the call of duty must go to: Tommy Hammond, and the Carling O"Keefe Marine Cruiser, Sandy, the skipper of Phil Davis’ “Opus One”, Forster's Catering, Kitsilano Yacht Club, False Creek Ferries, Kent Kallberg of CHQM Radio, Al Munanik, skipper of “Sun Bum”, Scot- ty Wild of Granville Island Market, Leigh Ann, Linda, Dave, Davey, Marnie, Judith, Lori, aboard the Committee Boat, Faye Mc- Crae, Doug and Marty. Other award winners in- cluded Callisto, which was first over the finish line and overall winner, last over the finish line was Ruby Ellen, and last over the start line was Que Pasa. First to finish (media) was Pacific Yachting’s” entry, Way Lon, first to finish under 25 feet went to Tit- zupp, 25 to 34 feet was Argosy, 35 to 44 feet Callisto, and over 45 feet was B.C. Navigator. Andante won the award for the most conveniently located bottle opener, most ornate head was found on Wings, Swagman won for best bribe attempt (although judge Brian Morse refused to disclose the nature of the bribe.) Most sportsmanlike at- titude went to Tommy Ham- mond of the Carling- Okeefe/CFUN Marine Cruiser. Youngest crew member was four months old on the Wind Walker, while the oldest member, at 72 was found on Herralee. Best Varnish and Paint went to Way Lon, prettiest boat under 25 feet went to Zig-Zag, 25 to 34 feet was wond by Herralee (which also won Best Bikini), pret- tiest boat 35 to 44 feet was Banner II, and over 45 feet was the Talofa Lee. In the best dressed crew category Southern Comfort won dressed as clowns, Irish Mist received honorable mention, as did Roses. Dressed as Vikings and Pirates respectively. The oldest boat entered was Fintra II vintage 1933. Most inexperienced crew was won by Great Expecta- ions who wrapped them- selves round the buoy. CONTINUED ON PAGE Al? Sager’s Great Frustration Sale starts Saturday June 25 Also In Store Specials VANCAUIVER PATIO SHOP ita “pprevc contiesdes ue Ce tedene A anuea wry 1876 Martine Orive Weal Vancouver VIV IH® 926-1101 Warehouse 3060 Beta Burnaby SAT ONLY 2002 West 416t Ave Vancouvan BC V6EM 1VO 261 4116 2423 Marine, W.V. 922-7317