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:

An application has been filed with the Ontario Land Tribunal regarding the Zoning By-law Amendment application council approved in May for the boutique hotel.

The new total of cases at the OLT for Amherstburg is seven.

On Friday, July 7, 2023 at 11:37 AM, as per the Town of Amherstburg procedural by-law, I applied to be a delegate regarding an agenda item.

I attached speaking notes consisting of two sentences contained in the June 26 administration report to council.

On Friday, July 7, at 1:36 PM, Deputy Clerk Sarah Sabihuddin (hired in May; former recorder for Windsor Police Services Board) thanked me for my submission and stated, ‘The attached delegation form does not convey sufficient detail for assessment. Please provide greater context to be able to evaluate this request to delegate before Council in order for the Town to process this request.

For example, the attached speaking notes provide a quote from the report but do not indicate what the concerns you have are and what action you wish the Council to take.’

On Friday, July 7, at 2:38 PM, I answered, ‘i believe i have fulfilled all the requirements to be a delegate at the July 10, 2023 council meeting. there is no requirement on the form or in the procedural by-law for me to state ‘what the concerns you have are and what action you wish the Council to take.’ the agenda arrived late yesterday and i met today’s noon deadline to apply. i have a constitutional right, guaranteed by the supreme court of canada, to exercise free speech. if any specific legislation to the contrary exists, please provide me with it.

additionally, as a person with disabilities, i am entitled to equal treatment without discrimination under the ontario human rights code and i have the right to be accommodated, pursuant to same. again, if there is any legislation to the contrary, please provide me with it.

I heard no more until Monday, July 10 at 9:28 AM, CAO Critchley emailed that my email had been sent to her for reply. Critchley’s response was, ‘While I agree with you that the Canadian Charter of Rights and Freedoms guarantees all Canadians the right of “free speech”, it does not guarantee the right to exercise that free speech wherever and whenever a person so chooses. For examples, delegations “as of right” are not permitted in either the House of Commons or the Legislative Assembly of Ontario. Further, most municipalities across the province have procedures in place for delegations which must be followed. I would note that, in addition to presenting in person, the majority of these procedures also include the ability to provide written materials, as is the case in the Town of Amherstburg.

However, having said that, I agree that our Procedure By-law is somewhat vague on what a delegation must submit in order for the delegation request to be approved. Therefore, in this instance, your request will be approved and the Deputy Clerk will provide you with the Zoom meeting link for tonight’s Council Meeting.’

My response to Crtichley was copied to everyone on council because an update of the 2014 procedural by-law is overdue. ‘i hardly think delegates in amherstburg compare to provincial and federal parliaments. you may recall that in february i did ask what accommodations the town provides for persons with disabilities who are unable to attend council/committee meetings in person. equal opportunity should be provided as it is for in person residents who wish to speak. 

also, in march, there seemed to be some misunderstanding regarding my delegate request and the required submission. at that time, i reiterated my accommodation question. 

i have been asking for the procedural by-law to be updated to reflect current legislation, like other municipalities, that afford equal opportunities to residents, including persons with disabilities. for example, while residents may have ‘the ability to provide written materials,’ it is usually relegated to consent correspondence, whereas i requested written submissions be considered as one method of delegating – again, like other municipalities. that would be more inclusive, wouldn’t it? when will council exercise its authority to update the 2014 procedural by-law?

given that there seems to be an increase in the number of times delegate requests are at issue, now would be an opportune time to update it, with public consultation of course.’

Related: Hear Delegate Request Discussion June 12, 2023 Council Meeting

I guess this needs to be repeated. I implemented a blog commenting policy which is my right and it’s fully available for viewing. Comments are moderated and visitors are free to decide whether comments abide by my policy. Likewise, I am free to decide that comments will not be published if they contain personal attacks or content that could be deemed offensive. Also, if I don’t publish a comment that is deemed offensive, I also won’t publish any subsequent personal attacks for not publishing any offensive comment. I hope this clears things up.

It should be a long meeting since there are quite a few items on Monday’s agenda and if you factor in the usual anecdotes, they might need a few breaks.

I think it’s a record 13 minutes of previous meetings for approval from February to June and 4 ‘other’ minutes.

Items:

• One delegate listed – Larry Amlin speaking on behalf of Amherstburg Residents Forum about Duffy’s.
• One presentation by MPAC – property assessment.
• A detailed report regarding amendments to salary administration program policy.
• Anderdon Court Repair Options report – upset limit of $40,000.
• Tar and Chip Tender for $212,745 plus applicable taxes
• Proposed Changes to the PPS
• 79 Murray Street Payment in Lieu of Parking Request (more on that later)
• Consent Agreement, 7751 Howard Avenue
• Declaration of Surplus Property for Disposition– Victoria St S
• Two ZBAs
• here reports from the CAOs office: Emergency Management, Public Alerting and Fire Services By-law Amendments