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Brown appeals court‘s decision When Brown was fired on Jan. 3, 1979, he appealed the dismissal to the court, which quashed it last Sepâ€" tember and ordered a new hearing. That has yet to come about and lawyers have been wrangling since as to the nature of the proposed hearing and, for that matâ€" ter, whether it can take place. A special feature in this week‘s edition of The Chronâ€" icle is an energy conservaâ€" tion pullâ€"out supplement, beâ€" ginning on page 15. Sponsored by local adverâ€" tisers, the supplement gives hints, tips and information on energy use in the kitchen, at home, while driving your car and in the use of insulaâ€" tion materials. The Ontario Court of Apâ€" peal in Toronto on Monday allowed Brown leave to apâ€" peal a Divisional Court rulâ€" ing of last month which cleared the way for a hearâ€" ing into his fate by the comâ€" This handy supplement is worth keeping and using for all your energyâ€"saving requirements. It‘s a good inâ€" formation guide to conserve for yourself and your neighâ€" bours our valuable energy supplies. By PHIL JALSEVAC Syd Brown will challenge a Divisional Court decision that allows a.procedure not outâ€" lined in the Police Act in his continuing legal battle with the Waterloo regional police comâ€" 126th Year No. 23 Lt. Col. reviews young soldiers â€" see page 9 BY STEWART SUTHERLAND Project Lift, a transit service for the disabled, received a lift of its own Monâ€" day night when Waterloo Council apâ€" proved a resolution opposing a new minâ€" istry of transportation policy. Dr. Peggy Hutchison, Project Lift‘s chairman of the board, told Council that the ministry‘s policy ‘‘could jeopardize the service‘* presently offered to the disâ€" abled in the Twin Cities. Last year Ontario said it would pay municipalities 50 per cent of the costs inâ€" curred in providing transportation for the disabled. Hutchison said she has since learned that the provincial program requires that any vehicles or capital assets purâ€" chased under the provincial scheme beâ€" come the property of the municipality WaterlIoo Chronicle Project Lift gets boost from council In the meantime, Brown has been collecting his yearâ€" ly $42,400 salary since being reinstated to the payroll folâ€" lowing the successful appeal of his dismissal, but ordered not to perform any police duties. It appears the court opened a Pandora‘s box of legal arguments in its Sepâ€" tember ruling in ordering a hearing, rather than simply ordering the dismissal to be set aside. All parties agree that it is now too late for the hearing to be a formal trial as preâ€" scribed in the Police Act., under which Brown could ask for an independent county or provincial court judge to sit. T A This is due to a sixâ€"month statute of limitations in the Public Authorities Protecâ€" tion Act and the fact that Brown hasn‘t been on active duty since August of 1978, having been off work with health problems prior to his dismissal. «But lawyers for the comâ€" mission maintain they can nonetheless proceed with a semiâ€"judicial hearing, conâ€" stituting the commission as a tribunal and considering whether to accept once more an Ontario Police Commission (OPC) recomâ€" mendation to dismiss him. The commission would provide the former chief with a list of allegations and give him the opportunity to and the Project Lift people are conâ€" cerned that the province is eroding their control over the service. **We really need to protect the quality of service ... this move (by the province ) will not benefit the disabled, the comâ€" munity or the municipality,"" Hutchison said. In abrief presented to Council, Hutchiâ€" son and Nancy Hodgson, director of the transit system, said ‘‘it would be both prudent and judicious for the provincial government to make an exception in the case of Kitchenerâ€"Waterloo whereby ownership of the vehicles can be kept in the hands of Project Lift." ; Alderman Blake Hull suggested the Project Lift people were slightly ‘"‘paranoid‘* over the fact that the City would have ownership of the vehicles. But Hutchison responded "we don‘t feel the City can‘t do the job, but rather Wednesday, June 4; 1980 But it is this procedure with which Brown and his lawyers disagree. They argue that if Brown can‘t be charged and forâ€" mally tried under the Police Act, â€" the commission‘s hands are tied. In last month‘s ruling, the court conceded ""the Diviâ€" sional Court has imposed upon the Board (of police commissioners) in this case a procedure not outlined in the statute,"‘ that is, the Poâ€" lice Act. However, it said it was acting on a precedent set by a Supreme Court. of Canada case â€" Nicholson vs. Halâ€" dimandâ€"Norfolk regional poâ€" lice commission â€" in which the commission was orâ€" dered to give a probationary constable a hearing even though that was not required by the Police Act. It also ruled that the proâ€" posed commission hearing is not a new one and, conâ€" sequently, not subject to the limitations of the Public Authorities Protection Act. It ruled the proceedings are a continuation of those already begun under the section of the act used by the commission to originally fire Brown on the basis of the OPC recommendation. The court wrote that the intention in the previous deâ€" cision **was simply to enâ€" sure that Brown was treated â€" cont. on pg. 4 m Smith loses heartbreaker â€" see page 22 She said she was concerned that if the City were to take over Project Lift the drivers would have to join the union like other City employees. She said that passengers were pleased with the present type of personal serâ€" vice, but some ‘"have expressed fear that unionization of operators could inhiâ€" bit the flexibility in provision of service and helpfuiness of the present service."" ‘‘Project Lift operates under strong community and consumer control. We see ourselves as a monitor of comâ€" munity services,"" she said. In a brief to council, the group wrote that the "unique nature of the board of management has permitted businessâ€" men, educators, citizens, users and local politicians representation on the board of directors." Insurrection in the streets of Waterloo? Not exactly. Cpl. Brian Edwards (in the foreground) and Cpl. Robert Palubeski were demonstrating field maneuvers at last weekend‘s annual inspection of the Waterloo County Royal Canadian Army Cadets. For a further picture and story, see page Hutchison claimed Project Lift could Waterloo, Ontario AT THE READY! She‘s on way to Ottawa â€" see page 11 lose its charter service because she said licenses are granted only to the owner of the vehicles. She said it was of "vital importance for Lift to retain ownership of its vehicles." Alderman John Shortreed said he would support the motion, but only if it included that in the event of Project Lift going out of business all vehicles and real assets would be turned over to the City of Waterloo. The motion was passed and now Waâ€" terloo joins with Kitchener, who supâ€" ported the motion last week, in opposing the provincial policy. x Project Left operates on a budget of $226,000 and runs from 8 a.m. to midâ€" night every day. Alderman Charlie Voelker said he too would support the motion because he felt that the ‘"less government control the better." 15 Cents