Author Archives: theburgwatch

About theburgwatch

Amherstburg's first local blogger, writing about town council and issues.

Misinformation Addressed: My Delegation On Open Air Barriers

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The blogger at amherstburg2.wordpress.com summarized the March 13, 2023 council meeting and I felt compelled to address some omissions and what I feel is a disservice.

Wikipedia: An opinion is a judgment, viewpoint, or statement that is not conclusive, rather than facts, which are true statements.

She felt that Open Air does not comply with AODA legislation. 

I stated, “I heard Councillor Pouget acknowledge the obligation to comply with the AODA and the Human Rights Code.”  

Because of statements by Deputy Mayor Gibb, who said he had accessibility training, who spoke personally and not as a person with a disability; and because of other statements I found offensive, I also stated, “But it was disheartening and concerning to hear statements like:

  • that’s not for this group to address, that’s a policy of the town. 
  • it is accessible.
  • it’s more accessible for people, at least in wheelchairs,
  • everybody loves Open Air the way it is,
  • there are no barriers,
  • and we’ve never had one complaint.”

She felt that she had complained publicly about this issue by writing emails and letters. 

I stated, ‘On numerous occasions, I raised the issue in emails, written submissions, blog posts, social media, questions to the candidates, and in letters to the editor.’ 

I made this statement because Anne Rota claimed, ‘there are no barriers in open air. There are not. Please come down and have a look. I know that for a fact. It’s not just the golf cart. We’ve actually opened up our arms if someone needs to get through. We’ve never had one complaint. That’s the honest truth in three years, and I’m sure we would have. Thank you.’

She felt that Ontario has blatant and overt discrimination with barriers for those with disabilities. 

I stated, “Former Lieutenant Governor David Onley noted in the third AODA Review Report: We are the only minority group in our society that faces blatant, overt discrimination and whose civil rights are infringed upon every day from multiple directions.”

It is a disservice to the memory of the late Honourable Lieutenant Governor and his advocacy to attribute his words to me and my feelings, even though I have lived the discrimination he refers to.

I included some barriers, and specifically, attitudinal barriers since they are sometimes the biggest barrier. I stated, ‘attitudes: making assumptions about people with disabilities; for example, what constitutes acceptable walking distances and accessible parking locations.’

She felt that if Open Air was approved as is, then council is excluding those with disabilities.

I stated, “If you approve Open Air as it is, then you’re also approving barriers that exclude people with disabilities.”

Fun fact: accessible parking has not been called ‘handicap’ parking in the legislation since 2009.

Deputy Mayor Gibb’s Flip Flop On Council’s Direction

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Deputy Mayor Gibb was given council’s direction, made no objection, said ‘we will do our best’ but then didn’t second Mayor Prue’s motion at a county council meeting.

The December 5, 2022 motion, by Councillor Pouget, carried was: to request that our mayor and deputy mayor address county council at their next meeting regarding County Council’s proposed 2023 budget with a 4.76% tax increase. Pouget explained, this is more than double the 2022’s increase of 2.1% and includes the use of 31 million from reserve funds to offset the increase. 

Mayor Prue said, we don’t need to be instructed but I don’t have any problem with being instructed by council.

Deputy Mayor Gibb said he agreed with the mayor, and said ‘we will do our best.’ (emphasis added). He also mentioned, the one thing I’m going to suggest is the county has quite a bit of reserve funds so perhaps we can release more reserves funds that might be a higher and better use to use them in a time of hyperinflation.

Listen to the December 5 motion and discussion: audio:

February 27, 2023 follow up: Pouget asked Gibb, why didn’t you second our mayor’s motion? That’s what you were directed to do.

Gibb said in his opinion, that’s not the way to lower taxes is to let your roads get worse because it’s just going to cost you more in the future. So, at the end of the day, they brought down the tax rate by using reserves that they had prudently put aside to do just that. I don’t see why you would spend less money on roads today, so that you have to spend double or triple in three or four years down the road that makes no fiscal sense to me. So on that specific issue, that’s why I didn’t support the mayor’s motion. (emphasis added).

Was Gibb clear about whose motion it was? Pouget said, it wasn’t the mayor’s motion, it was our motion, but Gibb answered, Your motion is fine, but ..

Listen to the February 27 motion and discussion: audio

Comparing Municipalities: Integrity Commissioner Complaints

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The Public Record reported, Ontario’s Ombudsman Paul Dubé has denounced the City of Hamilton’s practice of charging a $100 fee to file a complaint to Hamilton’s Integrity Commissioners when a person believes there has been a violation of Council’s Code of Conduct.

Dubé wrote City Council on January 12, 2022, calling on Council to remove the fee “as it penalizes complainants for exercising their statutory rights, and may prevent legitimate complaints from being brought forward due to concerns about financial cost.”

Amherstburg’s fee to complain about elected officials’ conduct is the highest in Essex County. Codes ofConduct and Complaint Procedures differ; some complainants directly contact the Integrity Commissioner.

Amherstburg: Bruce Elman
Code of Conduct
A request for an investigation of a complaint that a member has contravened the Code of Conduct (the “complaint”) shall be filed with the Municipal Clerk with the accompanying $125.00 deposit. Once filed, the Clerk will send the complaint directly to the Integrity Commissioner by mail, E-mail, fax or courier in the form attached to this Protocol as Schedule “A”. 

County of Essex: a Complaint shall be made in writing and shall be sent directly to the Integrity Commissioner by mail, e-mail, fax or courier. County Integrity Commissioner Robert Swayze
Code of Conduct 

Essex: A complaint shall be made in writing and shall be sent directly to the Integrity Commissioner by mail, e-mail, fax or courier. no fee. Integrity Commissioner Robert Swayze
Code of Conduct

Kingsville: directly to the Municipality’s Integrity Commissioner or to the Clerk of the Town in a sealed envelope. Integrity Commissioner Mary Ellen Bench. There is a $100 refundable fee, payable to the Town of Kingsville, to submit a complaint.  The fee will be refunded if the Integrity Commissioner determines that the complaint is not frivolous or vexatious.
Code of Conduct

LaSalle: contact the Municipality’s Integrity Commissioner. Integrity Commissioner Robert Swayze
Code of Conduct

Lakeshore: The Complainant may submit the complaint to the Integrity Commissioner by email, mail (marked confidential and in care of the Clerk) or personal delivery, along with any relevant documents or other evidence in support of the complaint. Integrity Commissioner Principles Integrity
Code of Conduct includes a paragraph on social media.

Leamington: Return the completed form and affidavit to ADR Chambers Inc. by: email, fax or mail. Integrity Commissioner ADR Chambers Inc., Toronto, ON
Code of Conduct includes a section on social media

Tecumseh:
email form to Integrity Commissioner Robert Swayze.
Code of Conduct

Windsor: The complaint should be forwarded to: Principles Integrity, Toronto, ON
Complaint Protocol

My Delegate Presentation In Opposition Of Open Air Barriers

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This is the shortened version of my March 13 presentation to council. And we all know the result – Mayor Prue broke the tie vote in favour of 14 weekends for 2023.

During Amherstburg’s budget deliberations, Councillor Pouget acknowledged the obligation to comply with the AODA and the Human Rights Code.  

But it was disheartening and concerning to hear statements like:

  • that’s not for this group to address, that’s a policy of the town. 
  • it is accessible.
  • it’s more accessible for people, at least in wheelchairs,
  • everybody loves Open Air the way it is,
  • there are no barriers,
  • and we’ve never had one complaint. 

The fact is I have complained, as have others. 

On numerous occasions, I raised the issue in emails, written submissions, blog posts, social media, questions to the candidates, and in letters to the editor.

Former Lieutenant Governor David Onley noted in the third AODA Review Report:

  • Ontario is not a place of opportunity but one of countless, dispiriting, soul-crushing barriers. 
  • We are the only minority group in our society that faces blatant, overt discrimination and whose civil rights are infringed upon every day from multiple directions. 

Rich Donovan just released the fourth AODA Review Interim Report and noted: 

  • Despite 17 years since the AODA has come into force, People with Disabilities (PWD) still consistently face barriers in their everyday experiences.
  • He echoed Onley’s language that “no other demographic group faces these kinds of negative experiences, barriers and outright discrimination without public outcry, much less one that represents nearly a quarter of the population.”

My human right to equal access is not a want; it is my right and that trumps wants, such as Open Air.

Publicly funded public spaces and rights-of-way are owned by everyone in the community. 

If you approve Open Air as it is, then you’re also approving barriers that exclude people with disabilities.

Councillor Crain’s Flip Flop On Open Air Barriers

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@LindenCrain, remember this campaign question? Will you remove barriers during Open Air weekends that block people with disabilities from driving to the bank, local stores, bars, and generally driving through town?

Crain’s answer: “Yes. It is important that all members of the community can experience Open Air.”

Well now I can’t.

Remember these questions?

how will you fulfill the obligation to remove barriers?

Crain’s answers, in part:

  • Follow regulations outlined in the Accessibility for Ontarians with Disabilities Act. 
  • Always remain available to address concerns any resident faces in the Town of Amherstburg.
  • Work closely with Town Administration to establish procedures and measures that ensure those with disabilities have the opportunity to experience all our community has to offer.

Did Councillor McArthur Flip Flop on Accessibility?

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I’m calling Councillor McArthur’s attitude about accessibility issues a flip flop.

Councillor McArthur commented during the discussion of Councillor Pouget’s December 12, 2022 motion regarding accounts payable being placed back on public agendas. McArthur said he would caution against one option because that’s kind of circumventing accessibility provisions. He said if it’s important information that’s important to get out there, then it’s important for everybody and it needs to be accessible. He said they can’t do an end run around it.

So why did he remain silent on the issue of Open Air barriers and the removal of them? It’s especially concerning since he’s council’s rep to the Amherstburg Accessibility Advisory Committee.

Then-Councillor Now Mayor Prue On Gordon House Accessibility

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This is what I call a flip flop. Then-Councillor Prue spoke about the Gordon House not being accessible, campaigned to ensure all town buildings are accessible to facilitate an open and inclusive municipality, then agreed the Gordon House should be repaired – not a word about accessibility during that discussion. No answer to a question about it either. 

Then-Councillor Prue made these comments at a December 2021 council meeting:

very brief questions, the act, the Ontarians with Disability Act, is nearly 20 years old, and January 1, 2025 everything’s supposed to be in place and I’m just wondering, do we have time or what are the plans for this year we’re going to be at 2022, what are the plans for this year for the buildings that are not accessible? This one is not accessible. The tourist facility at the Gordon house is not accessible. The two that come immediately to my head these are big capital expenditures or maybe we have to move I don’t know but have we got time to do it? Are you putting Are you going to recommend a lot of money for this year or possibly next year’s budget because a fair amount is going to have to be spent because we can’t wait any longer. (emphasis added). (audio) 

January 2022, then-councillor Prue commented:

I don’t know that we have not done everything as a council we should have done to help the many people who live in Amherstburg to have accessibility to our town and to its services. I’ve said this to council before I was the initial speaker in the legislature on this and I was very unappreciative of the fact it was taking 21 years to come to fruition, but that’s about to happen now.

2022 Campaign website Prue working for you: Priorities included Ensure all town buildings are accessible to facilitate an open and inclusive municipality.

February 12, 2023 Email to all members of council when agenda was published:

it’s hard to rationalize the grant application to spruce up the Gordon House. ‘Inclusive’ and ‘diverse’ seem to be the newest buzz words, but we can’t be an inclusive, welcoming community if we exclude people with disabilities. why is the tourism department not based in the tourist booth on the highway where the building is actually welcoming without barriers? will heritage once again take precedence over accessibility?

February 13, 2023 Mayor Prue commented during the discussion of grants, including funding for the Gordon House to complete the painting and siding, install a storage shed and replace windows.

any other discussion? Seeing none I’ll pass the gavel just for a second. I’m going to vote with the recommendation that’s just been made because this I have never been on this council or seen anybody on this council even in the past look away from money that a senior level of government is going to give to the municipality. This does not bind us to anything. If they want to give us 50 or $100,000 or whatever it is, I think we should take it. You know we have the Gordon house is the oldest building. It’s in need of some structural repair. For sure we need an economic development slash communications officer. And if this helps us to move along, then I think we should and I’ll take the gavel back. Any other discussion? All those in favor? Opposed? Carries. (emphasis added).

February 15, 2023 Email to all members of council after the vote:

i predicted council would confirm the importance of the Gordon House, but i would still appreciate an answer to my question: why is the tourism department not based in the tourist booth on the highway?

Councillor Crain: Tourism Windsor-Essex operates the tourism booth during the summer months as an information centre.

The burg watch: thanks, but that doesn’t answer my question.

Copyright – this information is protected by Canada’s Copyright Act. Request written permission from the burg watch at gmail dot com.

Disclaimer: the information is presented as is according to my notes. videos are available at the town’s website.

Flip Flops

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I’ve added a new flip flops page to the blog so there is a record of who flip flops and on what issues. I started this blog eleven years ago as a resource for voters because time passes and during campaigns, the focus on positivity seems to overshadow the perceived negativity.

Councillor Crain On Barriers, Accessibility And How Can He Improve?

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On October 26, I congratulated newly elected council members of council and offered kudos to councillors Pouget and Courtney; I did not encounter any barriers during their campaigns to represent their community.

I asked the remaining five three questions.

On December 9, I sent a reminder that the questions were not answered. Councillor Crain then answered, below, and also asked, Thank you for the questions. Would you be able to share how I created barriers for residents with disabilities throughout my campaign?

the burg watch: December 11, i already did in emails.

Crain: Can you please resend them?

the burg watch: no.

Crain: That’s unfortunate. I guess I won’t be able to learn more about how I can improve…

the burg watch: it’s unfortunate that you didn’t take note of my previous emails or read my blog.

Crain’s answers:

of the accessibility information the town provided to you for your campaign, which did you read?

I read all election material provided by the Town throughout my campaign, including any information pertaining to the Municipal Elections Act, 1996, the Ontarians with Disabilities Act, 2001, and the Accessibility for Ontarians with Disabilities Act, 2005.

what trainings have you participated in for accessibility legislation, for example, as an employee, volunteer, etc.?

Both the Town of Amherstburg and the County of Essex members of Council have received training on accessibility. I have also been advised that Administration will be doing a special session on accessibility in the first quarter of 2023.

how will you fulfill the obligation to remove barriers?

  • Continue an open dialogue with the Town’s Accessibility Advisory Committee.
  • Follow regulations outlined in the Accessibility for Ontarians with Disabilities Act. 
  • Always remain available to address concerns any resident faces in the Town of Amherstburg.
  • Work closely with Town Administration to establish procedures and measures that ensure those with disabilities have the opportunity to experience all our community has to offer.

How Keen Is Crain?

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During the February 22 discussion, when Councillor Courtney asked about Open Air options AND pros and cons, Crain asked staff, hasn’t the past Council already looked at ways to refine open air and that’s why some of the barricades were moved in closer? This feels a bit redundant to me if this has already been looked at by council. And from last night and from what we’ve been hearing, it’s pretty clear that the format is great. But based on my understanding, council’s already looked at this.

He’s right, past council was presented with the THRIVE white paper on Open Air; ‘this White Paper will make a case to council that a revised Open Air with more town funding should be done in 2022.’ Crain was part of the team that created that white paper.

Renée D’Amore (director)
Sara Palmer (director)
Kory Renaud (director)
Richard Peddie (director)
Kurt Reffle
Linden Crain

During the March 13 Open Air discussion, Councillor Crain said he’d be completely honest, he didn’t even think Open Air should have been a topic of discussion.

What?! Why not? According to the Information and Privacy Commissioner Ontario site, ‘Open Government is based on the core belief that the public has the right to access the records and proceedings of government to enable greater openness, accountability, and engagement.’

The THRIVE site: We believe that it should be a permanent summer feature. 

On March 13, Crain said, I also think perhaps we shouldn’t even be discussing this every year because eventually it’s going to be nothing. We’re going to continue to tweak it and really try to please everyone and it’s not going to happen.