following the post, Free Speech As Delegates, I emailed members of council:

on a few occasions i’ve requested that you update the 2014 procedural by-law posted on the town’s website. the by-law that most directly affects democracy should reflect current accessibility and human rights legislation and it is within your authority as representatives of the public you serve to address the issue and implement a best practice.

to assist you, i reached out to the centre for free expression and have included the response below. i urge you to do the same. it should suffice that residents who want to voice their concerns to those elected to listen state the topic/concern/subject matter and be given their 5 minutes of your attention and your consideration and decision. 

there should be no administrative burdens or barriers to democracy. 

amherstburg’s first local blogger

‘Thank you for reaching out to the Centre for Free Expression.

It is not unusual for municipal councils to ask delegations wishing to speak to council to register in advance, as your CAO indicates. It is also normal that the requester be asked to specify the agenda item to which you want to speak. All this is helpful in ensuring an orderly meeting in which all those wanting to be heard can be heard.

That said, I have never heard of a municipality requiring the delegation speaker’s notes, much less the text of the speech, to be submitted ahead of the event. And, I have never heard of a requirement for a copy of the notes or speech text to be submitted with the application to appear. Sometimes when I appear before parliamentary bodies they request a copy of my submission ahead of time so they can distribute it to the committee members and, where there is simultaneous translation, to give a copy to the translators so as to help them. But, this is only after I have been accepted as a speaker and it is not a requirement.

While I feel it is both wrong and bad practice for your municipal council to do as yours is doing, it is not illegal to the best of my knowledge. It is something that should be fought in the court of public opinion.

I hope this is helpful.’

Thanks to a reader who alerted me to this fire hydrant on a Dalhousie Street sidewalk that may impede access and use by persons using mobility devices. It seems odd that inclusivity is increasingly being mentioned but then we encounter barriers like this, or playground equipment that may not be useable, or gravel parking lots. What is being done to be inclusive in meaningful ways? Will this be fixed?

Anyone can view the virtual hearings via the link in the Public Notices for two upcoming hearings:

1. August 14 at 10 am 6101 County Road 20 OLT 23-000185 Appellant Seminary of Sacred Knowledge
   
2. August 17 at 10 am Howard Industrial OLT 23-000475 Appellant Jones Group Inc.

In response to my July 17 email requesting explanations for some concerns, CAO Critchley answered.

the burg watch: Why were there no public consultations regarding the Windsor Police Contract renewal when the deadline was extended to March 31 to allow for public consultations? 

CAO Critchley: Formal “public consultation” in the format of a survey or open house is not mandated for every decision made by Town Council. Although I was not employed by the Town when the initial decision to contract with Windsor Police Services was made, my understanding is that extensive community consultation occurred at that time. In addition, I was advised that the Council that made the decision had committed to bring the matter of further renewals back to an open meeting of Council so that citizens would have a chance to delegate on the matter and so that was the manner in which this issue proceeded.

the burg watch: Why is there a higher than average fee for residents to access the Integrity Commissioner? Why are residents not allowed to contact the Integrity Commissioner directly like other municipalities? How is confidentiality ensured If complaints are faxed or emailed to the clerk?

CAO Critchley: Again, the Integrity Commissioner processes for the Town of Amherstburg were put in place before I became employed by the Town, however, it is my understanding that the fee is in place to discourage frivolous and vexatious complaints. It is important to note that the fee is not retained by the Town, and is returned to the complainant, if the Integrity Commissioner determines that the complaint was not frivolous and vexatious. In terms of confidentiality, the direct email and contact information for the Integrity Commissioner is available on the Town website and citizens are welcome to contact him directly to discuss concerns and make arrangements for payment of the fee if the complainant does not feel comfortable dealing with the Office of the Clerk.

the burg watch: Some of the playground equipment, specifically Jack Purdie and Briar Ridge parks appears to be unusable by children with disabilities.  Did the town decide it was not practicable to make the entire playground inclusive? 

CAO Critchley: The Town’s approach to the design of outdoor play facilities begins with the premise that accessible play facilities should provide all children with access to play opportunities. They should also provide opportunities for parents/guardians/caregivers with disabilities to play with their children. Play experiences for children who have disabilities are to be integrated and similar to those provided for all children and consideration is given to providing a range of sensory and active play experiences. In these efforts, we are guided by the relevant provincial legislation. Ontario Regulation 191/11 under the Accessibility for Ontarians with Disabilities Act requires that outdoor play spaces accessible design include:

1.     Incorporation of accessibility features, such as sensory or active play components, for children and caregivers with various disabilities into the design of outdoor play spaces; and, 

2.     That the design ensures that outdoor play spaces have a ground surface that is firm, stable and has impact attenuating properties for injury prevention and sufficient clearance to provide children and caregivers with various disabilities the ability to move through, in and around the outdoor play space.

The design of both of these play spaces include these elements throughout the play areas. For example, you will note from the design drawings that the tender submission asked for a range of activities designed at each level of play to provide for both sensory and active play experiences throughout the play areas.

Additionally, the Town has also invested into other recreational amenities and locations specifically designed specifically for inclusive play, such as those located at both the Miracle League Diamond and Miracle League Playground. The Town is also home to recreational leagues that support persons with disabilities such as sledge hockey, or what was formerly known as the Amherstburg Heroes (as it had begun in Amherstburg) before becoming the Essex County Heroes basketball. While renewing traditional play areas such as neighbourhood parks, the Town also looks at new and exciting play experiences which can be provided. Should you have suggestions for new play experiences or recreational activities, we always welcome such suggestions being sent to the Amherstburg Accessibility Advisory Committee and Parks and Recreation Advisory Committee so the Town can continue to take bold steps, like that of the Miracle League, the first of its kind in Canada, to provide inclusive and rewarding play activities for residents and visitors.

Given that delegates encountered difficulties trying to voice concerns at Amherstburg town council, I reached out to the Centre for Free Expression at Toronto Metropolitan University. I relayed what occurred and the CAO’s comment in this post, Delegate Requests: Procedural By-Law Update Overdue.

James L. Turk, Director, Centre for Free Expression responded: