Red Deer Advocate, January 17, 2013

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Red Deer 1913 — 2013 Create Celebrate Commemorate

FEEDER FRENZY

SENSIBLE SLEDDING Mom urging kids to wear helmets C1

Enjoy the birds in your backyard B1

CENTRAL ALBERTA’S DAILY NEWSPAPER

BREAKING NEWS ONLINE AT WWW.REDDEERADVOCATE.COM

THURSDAY, JAN. 17, 2013

Drunk stats stun Ponoka TOWN’S IMPAIRED DRIVING RATE MORE THAN 2.5 TIMES THE PROVINCIAL AVERAGE BY RANDY FIEDLER ADVOCATE STAFF Ponoka’s impaired driving rate is more than twoand-a-half times the provincial average, residents learned at a public meeting this week. RCMP Staff Sgt. Cameron Chisholm said the town’s 2012 rate of 1,181 impaired drivers per 100,000

population was 2.62 times the provincial rate of 450 per 100,000. That sobering number was part of numerous statistics Ponoka’s RCMP detachment head shared at a public meeting on Tuesday attended by about 40 people over the town’s proposed bylaw to limit liquor store, off-sales and pawn shop hours. “I think people were surprised by these figures,” Chisholm said on Wednesday.

Council passed first reading of a bylaw to restrict liquor store sales and hotel liquor off-sales to 10 a.m. to 10 p.m. Liquor delivery would end at 10:30 p.m. Pawnshops would be restricted to 9 a.m. to 6 p.m. The bylaw is modelled on Wetaskiwin’s in effect since Jan. 1, 2010.

Please see BYLAW on Page A2

CITY STAFF RUNG RAGGED

SEX ASSAULT TRIAL

Charges dismissed against caregiver CROWN FAILED TO MAKES ITS CASE, JUDGE RULES BY LANA MICHELIN ADVOCATE STAFF

at 22nd Street and 30th Avenue. At the time police, were advised that staff had two male suspects in custody. Before police arrived at the grocery store, one male was reported to have pulled a hunting knife and threatened three Save On Foods employees. He then fled the store on foot. Police then received another call of a male, matching the description of the shoplifting suspect, in the Inglewood subdivision. The suspect allegedly flagged down a moving vehicle, pulled out a knife, made a threatening motion and tried to open the driver’s door.

Charges were dismissed against a caregiver accused of sexually assaulting his disabled Red Deer client. On Wednesday, Leo Denis Ducharme, 59, walked out of Red Deer Court of Queen’s Bench a free man after Justice Vital Ouellette determined there was no reasonable chance of convicting him, based on evidence presented by the Crown. The judge granted defence lawyer Craig Paterson’s application for having the case dismissed — after first denying the Crown’s attempt to have a mistrial declared. Explaining his rationale for the dismissal, Ouellette said prosecutor Jillian Brown did not enter any evidence that indicated the complainant’s state of mind on Aug. 9, 2010, when the disabled man’s mother testified she saw Ducharme stroking her son’s genitals in her home. The onus was on Brown to prove that the complainant, who cannot speak and has limited physical abilities due to cerebral palsy, was unable or unwilling to consent to the alleged sex act. This would mean proving he lacks cognitive function and/or the ability to communicate. But evidence presented by the Crown indicated that the 31-year-old has cognitive abilities, having graduated from Grade 12 through a modified public school program in 2000. He can also communicate by answering yes or no questions through head motions, the movement of one arm, his eyes, body language, and by making non-verbal throat sounds. “That ability lessened, but was still existent when he was lying down,” said Ouellette, who believes no reasonable person could come to a guilty verdict based on the evidence heard on Tuesday.

Please see CRIME on Page A2

Please see TRIAL on Page A2

Photo by JEFF STOKOE/Advocate staff

City of Red Deer Parks staff Joe Pelz and Tanya Wierenga walk their ladder along Ross Street Wednesday as they work to remove Christmas decorations from light poles. About 100 poles in the city’s downtown core were adorned with bright LED decorations this year.

Woman carjacked in Inglewood A Red Deer woman had only seconds to remove her child from a carseat before a man with a knife took off in her car on Tuesday. Police say a man threatened a mother and her child before leading police on a chase in her car through Red Deer. That chase ended with the vehicle crashing into two police vehicles in Riverside Meadows, where police apprehended a suspect in a high-risk takedown. A Red Deer man faces numerous charges in connection to the incident. Police were initially called to a shoplifting complaint at the Save On Foods in the East Hill Market

PLEASE RECYCLE

WEATHER

INDEX

Cloudy. High 3. Low -3.

Four sections Alberta . . . . . . . . . . . . . . . . . . . . . A3 Business. . . . . . . . . . . . . . . . C5,C6 Canada . . . . . . . . . . . . . . . . . A5,A6 Classified . . . . . . . . . . . . . . . D1-D5 Comics . . . . . . . . . . . . . . . . . . . . . C4 Entertainment . . . . . . . . . . . . . . . C3 Sports. . . . . . . . . . . . . . . . . . B6-B8

FORECAST ON A2

CANADA

WORLD

PROTESTERS WANT NEW ENVIRO LAWS

OBAMA ISSUES GUN VIOLENCE PROPOSALS

If there’s one issue that unites Idle No More protesters, Attawapiskat Chief Theresa Spence and militant and moderate First Nations alike, it is the federal government’s recent changes to environmental oversight. A5

President Barack Obama urged a reluctant Congress to curb gun violence in an emotionladen plea, though he acknowledged he’s in for an uphill battle. A7

January 18-27, 2013

42197A17-26

BY ADVOCATE STAFF


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