Whitby Free Press, 4 Aug 1976, p. 10

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PAGE 10, WEDNESDAY, AUGUST 4,1i976, WHITBY FREE PRES Th e Law and You Q. My marriage went sour, so my wife and 1 opted for a "trial separation". 1 moved out and got a little place of my own, but 1 paid ber $250 a month. What 1 wa'nt to know is: can 1 deduct this from my' income for tax purposes, and does my wife have to pay taxes on the amourits she gets from me? A. You are allowed to deduct these amounts from your inco me provided tbey are periodic payments for ber maintenance and support, and provided tbey ate nmade under a written separation agreement. If this is tbe case, then your wife must pay taxes on it. But if you only bad an oral separation agreement, or if you had only paid her a lump suni settlement, tbepi you could not deduct, and she would not bave to pay income taxes on it. Q. If a landiord rents two separate rooms to a male and female student is she responsible for their conduct? For .example, if they sbould have sexual- relations on the premises, could she be considered the keeper of a bawdy bouse? A. No. An illicit sexual relationship is iiot the same thing as prostitution. Prostitution involves a monetary consideration. Keeping a bawdy house involves the presence of a known prostitute on'the premises - so the landiord is not guilty of this offence. Q. My boss sweet-talked me into having relations with him. He is a married manl, and like many executives confided' bis problems in bis secretary. He said he was unhappily married, and he wanted to rnarry me as soon as he got a divo)rce. 1 guess this is about the oldest line there is, but 1 feul for it. After a while, he dropped me and made up with bis wife. I'm pretty angry now. and 1 want to know what 1 can do. A. There is really nothing you caii do. You could flot sue for breach of contract to marry. A contract to marry is void at law wbere it is entered into with the kçn(wledge that the other party is stili married. There is a criminal offence of seduction of a female employee, but the offence only arises where the femnale is under 21 years of age, of previous chaste character, and where the maie is "more to blame" for the seduction than tbe femnale. Q. On the first day of the month a Trust Company cheque is automatically placed in my bank account. 1 made a mistake and wrote a cheque for an amount $2.00 larger than my balance. This cheque was dated May 3l1st, so the bank marked it N.S.F. and refused to cash it, even though my regular cheque was due the next day. This was very embarassing, and 1 think they were at fault because they know I always get my money at the first of the month. Can 1 take action against them? A. Unfortunately you cannot. As long as you have sufficient funds in your account the bank is bound to honour the cheques you have written on that account. It is true that many banks provide over drafts for their good customers by honouring cheques when there is insufficient funds in an account. This practice, however, is usually a courtesy. The bank is under .nu legal obligation to do so. It seems that your bank manager was being somnewhat shortsigbted and unfair. He has however committed no legal wrong. Q.l'm an American, just arrived in Canada, and one thing .about your constitution confused me. If you have your own Bill of Rights then how can it be violated - people being held without charges or trial and so forth - like it was during the FLQ crisis? A. The Canadian Bill of Rigbts is flot a fundamental constitutional document in the sense in which Amnericans understand it. It is an Act of Parliament, and most scholars agree that Parliament atone cannot act in such a way as to restrict its future power.- Furthermore, it does flot purport to limit the powers of Parliament: it rather directs judges to interpret other Acts of Parliament in certain ways. It applies only to Federal laws, not to provincial ones. And finally, it does flot apply to any law (such as the War Measures Act) in which it is declared that it does not apply. Tiiese questions and answers, based on Ontario Iaw, are intended to inform and flot to advise. No one shouîd try to apply or interpret the law without the aid and advice of a trained expert who knows the facts, since the facts of each case may change the application of the law. Sp orts NASSAU, The Bahamas - You do flot have to be a certified diver to experience the thnill of scuba diving among the incredibly beautif ul coral reefs of the Baharnas. A half-hour. shallow-water instruction, often in'a pool, gives most tourists enough confidence and know-how to make a sea-dive under the watch.ful eyes of expert instructors. MIGardner Young 18 proba b/y the most experienced diver in the Bah amas. HES undoubtedly one of the most outspoken. Young, with 26 years as a commercial djver and 16 years as a recreational diving instruc- tor, believes that haIt the beau- ty of the Bahamas lies about 30 feet below the sea surface and that any tourist intent on really seeing the Bahamas should go for at least one sea dive - either as a scuba diver or snorkeller. Any tourist, that is, with perhaps the exception of psy- chiatrists and psychologists. "The toughest pcople to do anything with as far as diving is concerned," Young says, "'are psychologists and psychia- trists. They're a total loss." Young, a former U.S. Marine who took to diving pro- fessionally after experiencing one day as a ýMadison Avenue public relations trainee, con- tends that 'shrinks' spend too much time analysing their feel- ings - even underwater. "Instead of just going down, looking around and having a good time' - the first thing they say is: 'What arn 1 doing here?' And 'Why should 1 be here?' And after thcy've been there, 'What the helI did 1 go for?'." Young is a tanned, leathery- -looking 47 years old -and bears a resemblance to his old diving buddy actor Sean Con- nery. In fact, Young almost doubled for Connery in Thiunderbal - "but they said 1 had too much hair on my chest." The husky, Boston-born diver operates Underwater Tours in Nassau, described by Skin Diver Magazine as "the biggest, most successful dive/ tourist business, in the, Baba- mas## with a ficet of four dive boats. Since 1960, when Young and his partner, Charlie Badeau, started the business, Under- water Tours has taken more than 70,000 scuba divers and snorkelling enthusiasts on more than 6.000 trips to reefs off New Providence Island. Among those 70,000 were such folks as Bobby and Ethel Kennedy, Jeff and Beau Bridges, and announcer Ed McMann. In addition, Young and bis divers have been loca- tion finders, actors and prop handiers for the Flipper and Sea Hunt television series and for the James Bond "Thunder- bail" film. But a major part of Young's business is taking tourists for that one big underwater look- around at $33 a head. The price includes a pool les- son on the day prior to the sea- dive, rentai of aIl equipment, transportation to the reefs and the sea-dive itsclf. Young's instructors offer the pool lessons at major hotels in Nassau. During the pool session, the tourist-diver is outfitted with flippers, mask, weight-belt, air tank and respirator. Then it's into the pool for instruction in how to breathe compressed air, how rrot to get an air embolism, and how to equalize the pres- sure on your ears and how to clear your mask and mouth- piece underwater. Finally, under the watchful eye of your instructor, you swîm underwater around the pool feeling very much like a Cousteau explorer and even- tually relaxing. The next day - it's out for the real'thing. "The mistake that many peo- ple make when they- first dive is they insist on moving around The Optinist Club of Whitby's "Dunk the Celebrity". was aided on the weekend by numerous celebrities and frîends who partook in a good dunking. The funds raised will be used for the youth of the community. Optimlists Don Hopkins and Mike Murray assist Jacqui out of the tank after her splasil... too bad a lot - trying to sec everything at once," Young says. lt's really s0 much better to go doçvn, sit on the bottom, and wait for the fish to corne to you. You can dive in a 100 square foot area 10 or 15 times and neyer sec everything there is to sec." Another diving tip from Young; "when you breathe compressed air at any depth, you create a false atmosphere in, your body. If you took a breath of compressed air, held it and surfaced - the air in your lungs would expand and could rupture your lung tissues - creating what is known as an air embolism. "The name of the game is do not hold your breath while scuba diving, particularly while surfacing and neyer corne up faster than your slowest rising, bubbles.". With Underwater Tours, every two to three scuba divers arc accompanicd by a safety, Free Press Photo man - an experienced diver wearing a snorkle - and ready to, corne to the aid of any diver in trouble. "Sirice we started this busi- ness," Young said, "we've neyer had a scuba accident." Young doesn't dlaim that you'll bc a seasoned diver after one sea dive. In tact, to obtain civer certification, you would need more than 30 hours of training and five opefl-water dives. And if you have that kind of training and experience as a diver, you will undoubt- cclly not only want to dive off Nassau and Freeport, but also among somne of the more spec- tacular reefs off the out-islands of Eleuthera, Long Island and the Berry Islands. But for the tourist who just wants to see what it's aIlabout, at least one scuba dive is a Must. An d who knows?,It might develoýpinto a life-Iong interest. ONE DOWN, NINE TO GO Darlene Shaw rounds a base during the base- running portion of the Whitby Girls Athletic, Associa tion's first annual deca thlon. She won in the i 2-year-old category. Each girl was required to complete 10 events. Besides base running, there was skipping, sprinting, soccer dribbling and sack racing for speed; frisbee and softball throwing and soccer kicking for distance and aceuracy; volleyball serving for accuraey; and fly-baII eatching., ,,e ieil Free, Press Pho"to

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