C rown to appeal WI ~~IPRSS, WEDNESDAY, JUINE 20,1990, PAGE i decision By lWke Kowalukl A Witýby'dentist accused of being a 'PéePing Tom' han had his order to stand trial quashed by an Ontario Suprême Court I-Uowver, Durhamn Region'é crown attorney's* office han appealéd the récent décision of Mr. Justice Julius Isaac to, the Ontario Court of AppéaL According toJustice IsacDr Peérs Davidson should not ave been comnittéd ta trial on a chargé of miscbief ovér $1,000. Wliile Davidson's alledged con- duct would flot have bee-n accep- table. it could flot be considered a Boardfing kouse8 FROM PAGE 4 rént recomniendations and draft bylaw. *7hé bail is in thefr court,» sasMalanczyj. "Tbéy (munici- palities) don't havé toa acpt thé bylaw. 'They can révise it or do nothing with it. Whitby., thé only municipality with a b.iw It is flar ahéad of thé éthers.1 Malanczyj says that Méat of thé estimatéd 91 différent board- ing houses i the réion copérate within thé standards set down i thé bylaw. Hé says th9re are concerns about one ofl*o boarding ouses in thé région. Wh bas fv licenced biarding houses. crimmnal offénce as pertains toaa charge of mischief, said Justice Isaac. Davidson, 49, was charged, i Fébruary, 1989, after fémale staff in his office complained that someoné was secret y watching thém undrésa mn a change room. A police -investigation un- covered a two-wýay min'or in thé chaniré room and a peep holé in a wall cuphoard. Davidson was originally char- gdwith mischiéf, a légal term defined in thé Criminal Code of Canada but flot a charge 'i itself. Howéver, thé code does list separate charges of mischief over and under $1,000. Thé Crown was allowed ta amend thé charge ta niischief ovér $1,000 and. ta déscribé the offénce. Davidson was then ordered. to stand trial following a préliminary héaring last yéar. Howéver, Justice Isaac accep- ted thé argument of Davidson'sà lawyér, Alan Gold, that bis client should flot have béen committed ta trial on a mischief charge.. "In my. respectful viéw, 'thé conduct -of thé applicant didflot; cons.tit.ute interféren ce with thé usé or enjoyment of proprty within thé meaning of thé code," said Justice Isaac ini bis décision. Assistant crown attorney Sue MacLean did flot know when the casé may come béforé, thé Court If thé appélate court rules i favor of th Crown, thé case could then proceed ta trial or thé defénce may appeal ta the There are so man y wa YS to reme mber. Thafs one of the advantages of choosing cremnation. It offers the' widest range of commemno- rative options possible. Cremated remnains can be buried. They can be placed in an urn and, in a niche. Or they ca n be scattered in, a scatteri ng ga rden or at a place special to the deceased or the family. That variety of choice helps make cremnation both simple and deeply meaningful. For more informa- tion on cremation and the range of commemnorative options it affords, caîl us, send us the coupon or s top by sometimne for a chat. Please send me more information on cremation and commemoration. NameI IAddress IProvince__________ Postal Code_______ 1 understand therê's no obl igation and no one will cail onme except Iat my express invitation., g Thornton Cemnetery, iCrematorium & Mausoleum I 1200 Thornton Road, R.R. #1, Oshawa, Ontario L1H 7K4 Telephone: (416) 579-6787 Caring, non-profit service to the community since 1984 I I I. i I I I I Supree Court of Canadaý, saîd If the court upholds Justice Isaaes décison,té Crown bas thé optiép of appealing to the Supreme Court. Mac~pointed- out that DaLvidsonI guilt or innocence has stili flotn determined. "If théeCo lai successfi3l at ail lévéls,- he still has to ho triéd,» said MacLean. Defence counsel Gold was un- available for comment. WhY=u support, cancer can be ' CANAWAN beaten.W FORUM Town Hall Style Meeting with RenéSoetens M.P. Friday Jume 22 7:*15p.m. M 9:OO0p.m. WHRITBY PUBLICMLIBRARY DON'T MISS IT Please gmeý