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PAGE 26 â€" WATERLOO CHRONICLE, WEDNESDAY, SEPTEMBER 4, 1991 _ It‘s a sad day for Canadian women. And maybe, just maybe another Court will one day overturn this decision. That‘s why the majority of the Supreme Court of Canada was dead wrong in what it did. And that‘s why so many women‘s groups are protesting That‘s part of the problem. As long as we insulate our judges, they‘ll never understand reality. And because they now have so much power in unelected positions, we have to be careful how we ask them to do their jobs That‘s what‘s disturbing about Justice McLachlin‘s decision. She‘s increased the power of judges enormously I have always believed that we pamper our judges far too much They are treated too delicately, have been far too immune from criticism and often live their lives in a vacuum that doesn‘t reflect reality Remember, as well, some of the tackier comments that judges have made about women. They aren‘t ones we can be proud of. Rules, like women. are made to be violated." That was a comment by Judge Denys Dionne in Quebec during a 1989 trial These comments are just the tip of the iceberg There‘s no question about it: a certain amount of sexual bias still remains in the judicial system, and, until it‘s removed, women who are rape victims won‘t be guaranteed a fair trial under the new A sad day for Canadian women But the fact remains that they‘re not perfect. Far from it. Some judges, as much as they try to be fair, still have their own individual biases and beliefs. And some have made comments about women that reflect a startling ingorance and insensitivity about the whole rape issue Even though most judges are highly competent. you can‘t necessarily trust them to make the right decision respecting women‘s issues. Don‘t forget, they were mere mortal lawyers before they ascended to the Bench Remember, as well, some of the tackier comments that judges have made about women. They aren‘t ones we can be proud of. Rules. like women. aro made in he vistated * Phist mus a Fine and dandy. That principle would work in a world where judges acted as perfect human beings who could weigh such evidence fairly ie e nntntt Instead, it has given power of discretion to trial judges. Before the information can be used, the trial judge must now weigh its admissibility in a voir dire â€"commonly known as a trial within a trial where the jury isn‘t present. If the judge rules the evidence relevant to the case, the jury must be warned it should not be taken as evidence that the victim consented to sexual activity with the accused or was less worthy of being believed "He was so mad at me that the rape was brutal," she said. "He just about tore me apart mentally and physically." What she says makes a lot of sense. The country‘s highest court has made a grave error of judgment â€" and the consequences will soon come back to haunt us all In a 72 decision written by Justice Beverley McLachlin, the Court struck down the rape shield provision because it could result in the conviction of an innocent person. She was relating the story to me in the aftermath of the Supreme Court of Canada‘s ruling last week which struck down a law that prevented accused rapists from drudging up the sexual past of their victims. "How sad," she related. "If that were the law when I was raped, I would not have testified. I wouldn‘t want some lawyer to start attacking my past." hl have just met a young woman who told me a story that was sad it almost made me cry. She was telling me how she had been raped at the age of 19 in an act of revenge by a boyfriend with whom she had previously broken up. J. Frederick Sagel is a Kitchener lawyer living in Waterloo @@& EARN MONEY If you are interested in delivering newspapers on Wednesdays after school, please fill in the application form and send it to our office Danny Sadana‘s Home Business Association has expanded from Cambridge to Kitchenerâ€"Waterioo. Membership in the HBBA has many other benefits: a members‘s newsletter with discounts on advertising rates; a membership list; business card displays in other member‘s businesses; group rates on printing, advertising and other services and supplies; access to computer services at discount rates; and group advocacy services. e es ‘"There‘s a giveâ€"andâ€"take benefit to this. When someone joins, they automatically have access to a whole new marketâ€"their fellow members. I encourage everyone to support each other and help each other out, even if they can get what they‘re looking for somewhere else for a little less, because that person will remember you when they need the product or service you have to offer," says Sadana. ‘"There are thousands of people operating businesses out of their homes and more and more starting each day," says Sadana. "On their own, sometimes it can be difficult just to get by but, as part of the HBBA, they‘re part of a big organization with all the benefits." Those benefits, says Sadana, will eventually include benefit packages, such as group insurance rates and medical and dental packages that are usually out of reach for small businesses. But there is also a more immediate benefit, he says. What do you get when you take thousands of little businesses operating, for the most part, out of private homes and bring them all together as members of their own business association. The answer, says Cambridge businessman Danny Sadana, is power. Sadana is the founder of the Homeâ€"Based Business Association (HBBA), a fledging organization designed to help the "little guy" compete in the business world. Keren Adderiey Chronicle Staff k Postal Code ______ Age C Telephone Mail this ad to: Address Circulation Department _ _ _ 201â€"75 King St. S., Waterloo, Ont. N2J 1P2 WATERLOO CHRONICLE or call us at; 886â€"2830 LOO CHRoNICLE ~_C 00â€" %7 That kind of support, says Sadaâ€" na, can be the difference between surviving and dying for a small business. The response has been so good, says Sadana, he is already lookâ€" ing for help. Anyone interested in more information about the HBBA, call Sadana at 650â€"7473. "An example I give is say you make and sell cakes and you come to me because you‘re really havâ€" ing a bad time. The HBBA, as an organization, can do what it can to help even if it‘s as simple as encouraging members to come to you when they need a birthday or wedding cake and recommending you to their friends." But, no matter how big the HBBA may get, says Sadana, it will always be about small busiâ€" ness and helping each other out. And the bigger the organization gets, says Sadana, the more beneâ€" fits it can offer the members. Services like client/customer meâ€" diation, advisory service to notify members of customers with bad accounts, an emergency loan serâ€" vice and an advisory service for new businesses or people thinkâ€" ing of starting a business. 8,000 in Kâ€"W _ and 2,500 in Guelph, not to mention how many there are across the country. As part of a nationâ€"wide organizaâ€" tion, small businesses would have all the customers they could possibly need." Sadana started the organizaâ€" tion in Cambridge but, because of the positive response, he is now expanding into Kitchener, Waterâ€" loo, Guelph and other smaller towns in between. But Sadana‘s vision goes beyond the immediate area. "I would estimate there are probably 3,000 homeâ€"based busiâ€" nesses in Cambridge, another