About theburgwatch

Amherstburg's first local blogger since 2011, writing about town council and issues.

Procedure By-law Needs An Update

There are inconsistencies in the delegate application process and Amherstburg’s Procedure By-law, signed on January 21, 2015 needs an update.

The by-law governs ‘the proceedings of Council, the conduct of its members and the calling of meetings in the Town of Amherstburg.

k)  “Delegation” means a person intending to address the Council or committee on a matter where a decision of the Council may be required.

I applied to be a delegate at the March 13 council meeting as I was advised an Open Air report would be presented to council on that date; it is now an agenda item.

CAO Critchley emailed, As noted in the provided attachment, speaking notes have not yet been provided. In accordance with Section 5.4 of the Procedural By-law any materials intended to be presented to Council are required to be provided to the Clerk’s Office in order to review the submission. Once you have these materials together, we can provide further information on this request.

I replied that section 5.4 did not apply since I already knew it would be an agenda item.

CAO Critchley responded, Although your delegation is governed by section 5.2 of the Procedure By-law (and not section 5.4 – my apology for the error), as indicated on the application form to speak at a Council meeting, speaking notes and presentation materials must be provided as part of the application. As you have delegated before Council in the past, I believe you are familiar with this procedure. Please submit your materials before noon on Friday, March 10, 2023.

Before noon Friday, I let CAO Critchley and all members of council know about the inconsistencies. The online delegate application form states, “please upload speaking notes and/or presentation materials.”

The hard copy delegate application form differs in that it states, “**Speaking notes and presentation materials must accompany this request.”

Procedure by-law section 5.2 does not stipulate anything must be submitted, but states, any material submitted to the Clerk shall be circulated to Council as a “Delegation” submission – implying if anyone has any material.

I believe administrative forms should conform to the by-law and the by-law, 2014, should be updated to conform to accessibility legislation and other Acts pertaining to freedom of expression. People with disabilities may have difficulty meeting strict deadlines and requirements. I did inquire, ‘what accommodations does the town provide for persons with disabilities who are unable to attend council/committee meetings in person but wish to provide input?’ 

Other municipalities welcome residents to delegate via a variety of methods: in person, zoom, telephone and written submissions that are not placed under consent correspondence.

Premier Ford and His Cabinet Have Failed 2.9 Million Ontarians with Disabilities, According to Damning Report Prepared by a Person the Ford Government Picked to Assess Its Performance on tearing Down Disability Barriers

ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT ALLIANCE

NEWS RELEASE – FOR IMMEDIATE RELEASE

March 10, 2023 Toronto: The Ontario Government, including the Premier and his Cabinet, have utterly failed 2.9 million Ontarians with disabilities, according to a blistering new official report prepared by a person that the Ford Government hand-picked to review the state of accessibility for people with disabilities in Ontario. Yesterday, the interim report of the Fourth Independent Review of the Government’s implementation of the Accessibility for Ontarians with Disabilities Act was released. Last year, the Ford Government appointed Rich Donovan to prepare that report.

After consulting with the disability community, Mr. Donovan found:

Despite 17 years since the AODA has come into force, People with Disabilities (PWD) still consistently face barriers in their everyday experiences, from navigating city streets, to applying for jobs, to accessing public transit and government services.”.

This has led to “frustration, anger, resignation, and disappointment with the state of accessibility in Ontario.”

He concluded:

The current experience for many people with disabilities in Ontario is poor. This stems from design flaws in services, products, technology, buildings, infrastructure, careers, processes, and human imagination.”

This new Donovan report amplifies blistering findings delivered to the Ford Government over four years ago by former Lieutenant Governor David Onley in his 3rd Independent Review of the AODA’s implementation. The crowning achievement of David Onley’s legacy for Ontarians, the 2019 Onley Report found that Ontario is full of “soul-crushing barriers” hurting people with disabilities. David Onley called on Premier Ford to take bold new action. In the four years since then, The Ford Government failed to implement the Onley Report’s core recommendations.

The new Donovan report described the failed implementation of the AODA over 17 years as “a series of failures and missed opportunities”. Mr. Donovan found it “utterly shocking” that the Ontario Premier and Cabinet have no plan to achieve an accessible Ontario for people with disabilities. His report found that both the Government and private sector organizations “have not prioritized disability in their operations.”

Mr. Donovan concluded that “…there is an urgent need for action.” His report called for accessibility for people with disabilities urgently to be made a greater priority:

“Boards of Directors, business owners and the Premier of Ontario must urgently demand better experiences for Ontario’s people with disabilities.”

Mr. Donovan assessed that the Ontario Government needs:

“an urgent and material adjustment in strategy and output.”

The Donovan report concluded that among disadvantaged groups in society, no others experience the same severity of exclusion:

“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.”

The report determined that there has been a failure of needed leadership on accessibility:

“It is the assessment of the 4th Reviewer that leadership on accessibility – and the AODA – has been absent for 17 years. Without leadership, progress on this file is impossible.”

The Donovan report identified the Government of Ontario and all political parties as sharing responsibility:

“It is the obligation of the government of the day to serve the population. It has failed to do so for 22% of that population. Opposition parties have failed to hold governments of the day accountable for this lack of service. These failures are shared by all of Ontario’s political parties.”

Mr. Donovan determined that the failure to make more progress on accessibility was also due in no small part to the lack of meaningful enforcement of the AODA:

“Alongside standards is a critical lack of enforcement or incentives to comply with the AODA or improve accessibility more generally.”

The Donovan Report  attributes some of the responsibility for the lack of leadership to the media’s failure to give more coverage to accessibility problems:

“A key reason for the lack of leadership on accessibility is there has been little perceived incentive for potential leaders to prioritize it. Lacking “breaking news” stories, accessibility rarely enters the media cycle in a sustained way. This has helped keep accessibility off the social or political agenda in Ontario.

The absence of disability in the news cycle reflects a failure of Ontario and Canada’s major media outlets.”

Ultimately the Donovan Independent Review concluded:

“…the Premier of Ontario and his Cabinet have yet to meet the basic needs of a group of people totaling over one fifth of its population.”

In the bluntest statement of any of the four Independent Reviews that have been conducted since the AODA was passed in 2005, the Donovan report pointedly asked:

“Mr. Premier, do you care?”

“Premier Ford must sit up and listen to the damning findings about his Government that were made by the very person his Government hand-picked to review the Government’s efforts on accessibility for Ontarians with disabilities,” said David Lepofsky, chair of the non-partisan AODA Alliance, that leads the grass roots campaign for accessibility for Ontarians with disabilities. “We have been raising the same concerns for years, without success. Premier Ford has refused every request to meet with us, and his Accessibility Minister now does not even answer requests to meet.”

The AODA Alliance Shares Mr. Donovan’s conclusion that these failures are caused by a lack of Government leadership, inadequate attention from all political parties, and the Government’s failure to effectively enforce the AODA. We disagree with Mr. Donovan’s suggestion that these failures are attributable to a failure to collect more data, or with using accessibility standards as a core tool to promote accessibility for people with disabilities. The AODA Alliance will make public a detailed response to the Donovan Independent Review regarding those issues in the next weeks. That disagreement does not derogate from our strong endorsement of the Donovan Report’s other findings, as quoted here.

Contact: AODA Alliance Chair David Lepofsky, aodafeedback@gmail.com

Twitter: @aodaalliance

For more background:

The AODA Alliance’s February 6, 2023 brief to the Rich Donovan AODA Independent Review.

The AODA Alliance website which documents the non-partisan campaign since 2005 to get the Ontario Government to effectively implement the AODA

Text of the March 9, 2023 interim report of the Rich Donovan 4th Independent Review of the Accessibility for Ontarians with Disabilities Act.

The Mayor’s Job

Head of council as chief executive officer

226.1 As chief executive officer of a municipality, the head of council shall,

(a)  uphold and promote the purposes of the municipality;

(b)  promote public involvement in the municipality’s activities;

(c)  act as the representative of the municipality both within and outside the municipality, and promote the municipality locally, nationally and internationally; and

(d)  participate in and foster activities that enhance the economic, social and environmental well-being of the municipality and its residents.  2006, c. 32, Sched. A, s. 101.

Tell Councillor McArthur There Are Barriers At Open Air

Email Councillor McArthur, council’s rep on the Amherstburg Accessibility Advisory Committee, at dmcarthur@amherstburg.ca to tell him there are barriers at Open Air.

The role of the Amherstburg Accessibility Advisory Committee, is to provide advice to the municipal government on a wide range of municipal processes to help make public services and facilities accessible to everyone.

Who Does What?

Roles of Council And Administration

Council

represent the public and to consider the well-being and interests of the municipality;

develop and evaluate the policies and programs of the municipality;

determine which services the municipality provides;

ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of council;

ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality;

maintain the financial integrity of the municipality; and

carry out the duties of council under this or any other Act.

Administration

implement council’s decisions and establish administrative practices and procedures to carry out council’s decisions;

undertake research and provide advice to council on the policies and programs of the municipality; and

carry out other duties required under this or any Act and other duties assigned by the municipality.

Tell Councillor Crain There Are Barriers At Open Air

Email Councillor Crain at lcrain@amherstburg.ca to remind him that as a candidate he answered yes to the question about removing barriers:

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?

Councillor Crain’s answer: Yes. It is important that all members of the community can experience Open Air. If there are particular barriers in place, I am more than willing to investigate further and help find a solution.

Where Are Council Minutes? Video? Audio?

Minutes: the last record I could find was October 17, 2022 minutes were approved at the January 23, 2023 Regular Council Meeting.

The last record I could locate at the external site is October 17, 2022.

The December 5, 2022 minutes  have not yet been approved;

Video: I wanted to post a link to the February 22, 2023 video in case anyone was interested in watching the full meeting but it is not listed in the town’s calendar.

The February 28 PDF links to the February 27 meeting.

Audio: the last record I could find for committee audio recordings is 2022.

Hear Open Air Barriers Discussion – Deputy Mayor Gibb And Councillor McArthur

Hear the audio of a portion of the February 22, 2023 meeting and a portion of the discussion about accessibility barriers during the closed streets of Open Air; text is set out below. 

Unofficial transcript:

Deputy Mayor Gibb 
Okay. And as my second thing I wanted to address because I’ve heard that a lot over the last couple days about accessibility of Open Air. I don’t identify as someone with a disability but my mother-in-law and father-in-law both live at Richmond Terrace. And I’ve personally pushed a wheelchair from Richmond, well, one of their each wheelchairs from Richmond Terrace downtown, and I’ll tell you, you cannot believe the relief to be able to get off of our uneven sidewalks with trees growing out of them and all kinds of obstacles. They’re not wide enough. To me, Open Air makes the downtown more accessible for people with in at least in wheelchairs because I’ll tell you right now, try and push a wheelchair down one of those downtown sidewalks and you’ll see exactly what I mean. So we enjoy bringing them for Open Air because we don’t have to worry about trying to maneuver the wheelchair on a narrow uneven sidewalk so that’s I just want to put my two cents in there.

Councillor McArthur
Thank you Your Worship. I mean, I’ll happily champion Open Air when the time comes when the time is right I’m not sure if that time is now though. I mean, the motion on the floor is correct me if I’m wrong, but it’s to boost the you know this tourism budget by $80,000 to fund the True Festival, the car show, the Santa Claus parade, Truth and Reconciliation, River Lights, plus a contingency; we’re not looking for a boost to Open Air funding, correct?

Anne Rota 
That’s correct.

Councillor McArthur 
Okay, so I mean, I think I might keep my powder dry because as things stand right now, Open Air’s a go until someone tries to rip it apart. And I hope they don’t do that and we can discuss that when they do.

Tell Anne Rota there are barriers; email arota@amherstburg.ca

Copy me at theburgwatch at gmail.com

Hear Open Air Barriers Discussion – Councillor Pouget And Anne Rota

Hear the audio of a portion of the February 22, 2023 meeting and a portion of the discussion about accessibility barriers during the closed streets of Open Air; text is set out below. 

Unofficial transcript:

Councillor Pouget
Okay. And further to that. I really can’t support Open Air three days a week four days on long weekends. Because I can’t tell you how many people have contacted me whether or not they have disabilities because, you know, we’re putting up barriers making it very, very difficult not only for people with disabilities, but for others to use the goods and services that we provide for the town of Amherstburg. And we’re hearing over and over again, just like Councillor Courtney and Councillor Allaire stated that this hurts a lot of the businesses right in the downtown core. They don’t want it and the other people in the other areas McGregor and Malden Centre this doesn’t benefit them at all either. So I cannot justify even if it was a wash about the amount of money due to the fact that it hurts a lot of people and it prevents people with disabilities from using these facilities. I can’t justify three days a week or four days on long weekends.

Anne Rota
Through to you Mr. Mayor, I really want to address the accessibility. That is the wrong information. Yes, we do have what they’re called. No, they’re plastic Jersey barriers, Jersey barrier. Thank you. They are spaced for vehicles not to come into the footprint. We have students at every entrance and exit where the Jersey barriers are. The students staff first of all, they anyone can get through it is assessable. And secondly, if someone needs special assistance, we’ve actually walked them or driven them with the little golf cart, absolutely make sure that everyone can be accommodated to get through and I know I think there’s two handicap parking spots within the Open Air footprint. That’s what is not accessible but the ones beside Caffeine and CO there’s we’ve added another three assessable parking spots there. So we go above and beyond to make sure that is number one that it is accessible. So I don’t agree with that. I’m really sorry.

Councillor Pouget
So, there’s different areas of accessibility somebody could be virtually have problems seeing or whatever, hearing when I see all the streets and they’re packed, and that’s good that they’re packed at that time. But we really expect a caregiver to be able to drop them off, not be able to find parking at all and then to either get in a golf cart, that could be very dangerous to all the pedestrians that are down there, try to squeeze through these places. That is not the way you treat people with disabilities. You treat them with equal opportunity and they don’t have that there.

Anne Rota
Through to you, Mr. Mayor, 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.

Tell Anne Rota there are barriers; email arota@amherstburg.ca

Copy me at theburgwatch at gmail.com