The
      Cadre
      +
     
    
   
   
    
     
       
     
    
   
   
    
     
      13
      October
      1998
     
    
   
   
    
     
       
     
    
   
   
    
     
      a
      a
      i
      a
      ee
      News
      5
     
    
   
   
    
     
      Opposition
      grows
      to
      bankrupcy
     
     
      legislation
     
    
   
   
    
     
      BY
      MELISSA
      DOUCETTE
     
    
   
   
    
     
      A
      Charter
      Challenge
     
     
      against
      recent
      changes
      to
     
     
      bankruptcy
      legislation
      has
      been
     
     
      launched
      by
      the
      Canadian
      Fed-
     
     
      eration
      of
      Students
      (CFS).
     
    

    
     
      The
      new
      legislation
      pro-
     
    
   
   
    
     
      hibits
      students
      from
      declaring
      groups
     
    
   
   
    
     
      bankruptcy
      for
      a
      period
      of
      ten
     
    
   
   
    
     
      years.
     
    

    
     
      Although
      the
      CFS
      con-
     
     
      tinues
      to
      lobby
      Members
      of
     
     
      Parliamentstrongly
      against
      the
     
     
      changes,
      they
      are
      already
      in
     
     
      effect.
     
    

    
     
      The
      CFS
      Week
      of
      Ac-
     
     
      tion,
      October
      13-16,
      will
      be
      an
     
     
      opportunity
      to
      demonstrate
     
     
      against
      the
      bankruptcy
      legisla-
     
     
      tion
     
    
   
   
    
     
      CFS
      officials
      are
      confi-
     
     
      dent
      they
      have
      a
      strong
      legal
     
     
      case
      in
      Charter
      Challenge
     
     
      they
      are
      pursuing.
     
    

    
     
      The
      Canadian
      Charter
      of
     
     
      Rights
      and
      Freedoms
      does
      not
     
     
      make
      provisions
      for
      oe
     
     
      group
      discrimination,
      but
      ac-
     
     
      cording
      to
      Article
      15
      (1),
      dis-
     
     
      crimination
      on
      the
      basis
      of
      age
     
     
      is
      prohibited.
     
    

    
     
      Since
      75
      of
      all
     
     
      students
      who
      declare
      bank-
     
     
      ruptcy
      are
      under
      the
      age
      of
      30,
     
    
   
   
    
     
      the
      CFS
      is
      using
      Article
      15(1)
     
     
      as
      its
      legal
      foundation.
     
    

    
     
      The
      CFS
      is
      not
      alone
      in
     
     
      condemning
      the
      new
      legisla-
     
     
      ton.
     
    
   
   
    
     
      Several
      communit
     
     
      and
      government
      offi-
     
     
      cials
      have
      also
      raised
      strong
     
     
      objections
      to
      the
      changes.
     
    

    
     
      Libby
      Davies,
      NDP
      MP
     
     
      for
      Vancouver-East,
      is
      intro-
     
     
      ducing
      a
      Private
      Member's
     
     
      Billthis
      Fall
      to
      amend
      the
      Bank-
     
     
      ruptcy
      Insolvency
      Act
      (BIA)
     
     
      as
      it
      relates
      to
      student
      loans.
     
    

    
     
      In
      a
      letter
      dated
      August
     
     
      14,
      she
      condemns
      the
      current
     
    

    
     
      “(The
      legislation
      is)
      ca-
     
     
      tering
      to
      the
      poring
      Se
     
     
      which
      benefits
      from
      the
      prof-
     
     
      its
      generated
      from
      interest
      ac-
     
     
      cumulated
      on
      long-term
      stu-
     
     
      dent
      debt,”
      she
      writes.
     
    

    
     
      _
      _
      Many
      lawyers
      who
      ad-
     
     
      minister
      proce-
     
     
      dures
      are
      also
      unhappy
      with
     
     
      the
      ten
      ow
      waiting
      period.
     
    

    
     
      “The
      [change]
      seems
     
     
      draconian
      and
      punitive
      since
      it
     
     
      will
      punish
      our
      poorest
      and
     
     
      most
      citizens,”
      adds
     
     
      Earl
      Trustee
      in
      Bank-
     
    
   
   
    
     
       
     
    
   
   
    
     
       
     
    
   
   
    
     
      EXPERIENCE
      JAPAN
      !
     
    
   
   
    
     
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      JAPAN
      EXCHANGE
      AND
      TEACHING
     
     
      (JET)
      PROGRAMME
     
    
   
   
    
     
      is
      looking
      for
      young
      university
      graduates
      to
      participate
      as
     
     
      assistant
      English
      teachers
      in
      a
      one
      year
      cultural
     
     
      exchange
      experience
      in
      Japan,
      beginning
      in
      August
      1999.
     
    
   
   
    
     
      Live,
      learn
      and
      work
      in
      Japan
      and
      reap
      life-long
      benefits
      -
     
     
      adventure,
      friendship,
      and
      first-hand
      knowledge
      of
      one
      of
     
     
      the
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      most
      vibrant
      cultures.
     
    
   
   
    
     
      Application
      forms
      can
      be
      obtained
      at
      your
     
    
   
   
    
     
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      placement
      centre
      or
      from
      the
     
     
      Consulate
      General
      of
      Japan
      at
      Montreal
     
    
   
   
    
     
      Tel:
      (514)
      866-3429
     
    
   
   
    
     
      For
      more
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      about
      the
      JET
      Programme,
      visit
     
     
      www.embjapan.can.org
     
    
   
   
    
     
      Application
      deadline:
      Nov.13**
      1998
      (postmarked)
     
    
   
   
    
     
       
     
    
   
   
    
     
       
     
    
   
   
    
     
       
     
    
   
   
    
     
      ruptcy,
      in
      a
      brief
      submitted
      to
     
     
      the
      Minister
      of
      Finance.
     
    

    
     
      But
      Walter
      MacKinnon,
     
     
      Prince
      Edward
      Island
      Trustee
     
     
      in
      Bankruptcy,
      is
      less
      harsh.
     
    

    
     
      He
      cites
      “massive
      num-
     
     
      bers”
      of
      students
      declaring
     
     
      bankruptcy
      as
      the
      catalyst
      for
     
     
      the
      ten
      year
      amendment,
      but
     
     
      admitted
      that
      he
      had
      no
      access
     
     
      to
      related
      statistics.
     
    

    
     
      Approximately
      8,000
      stu-
     
     
      dents
      declare
      bankruptcy
      each
     
     
      year,
      out
      of
      over
      1.2
      million
     
     
      students
      enrolled
      in
      post-sec-
     
    

    
     
      education
      in
      Canada.
     
    

    
     
      ill,
      MacKinnon
      did
      think
     
     
      that
      ten
      years
      was
      too
      long
      of
     
     
      a
      deferral
      period.
     
    

    
     
      Robert
      Maddix,
      Liberal
     
     
      Education
      Critic
      and
      MLA
      for
     
     
      Evangeline-Miscouche,
      is
      less
     
    
   
   
    
     
      ing.
     
    

    
     
      He
      calls
      the
      legislation
     
     
      “very
      unfair
      .
      .
      .
      and
      very
     
     
      unreasonable,”
      saying
      that
      the
     
    

    
     
      needs
      to
      work
      with
     
     
      students
      that
      have
      high
      debt
     
     
      loads.
     
    

    
     
      A
      ing
      to
      Maddix,
     
     
      students
      shou
      the
      same
     
     
      opportunity
      given
      to
      busi-
     
     
      nesses,
      which
      have
      no
      time
     
     
      restrictions
      on
      declaring
      bank-
     
     
      ruptcy.
     
    

    
     
      “Students
      need
      the
      same
     
     
      kinds
      of
      rights.
      ...
      Everybody
     
     
      should
      be
      treated
      fairly,”
      de-
     
     
      clares
      Maddix.
     
    
   
   
    
     
      they
      are
      22
      or
      older,
      or
      if
     
    
   
   
    
     
      they
      have
      rior
      loan
      re-
     
     
      Oaks
      to
      the
      BIA
     
     
      were
      made
      wi
      consulta-
     
    
   
   
    
     
      cording
      to
      one
      civil
      servant
      in
     
     
      the
      Education
     
    
   
   
    
     
      Note:Although
      all
      four
     
     
      Prince
      Edward
      Island
      MP's
     
     
      were
      contacted
      for
      comment,
     
     
      none
      responded
      to
      discuss
     
     
      the
      issue.
     
    
   
   
    
     
       
     
    
   
   
    
     
       
     
    
   
   
    
     
       
     
    
   
   
    
     
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      November
      30,
      1998.
      On
      The
      Web
      http://www.cmcc.ca