Category Archives: amherstburg

Defamation And Disability Advocacy

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My defamation lawsuit against the town clerk and town of Amherstburg is the result of my disability advocacy four years ago.

In January 2022, I critiqued the draft multi-year accessibility plan council approved in December 2021.

I submitted what I perceived to be deficiencies of the draft plan to council, as I had done for decades.

I conveyed my concerns about the plan, council’s approval of the traditional voting method for 2022 and highlighted some barriers. 

I provided input on the town’s accessibility plans since the Ontarians with Disabilities Act (ODA) 2001 required organizations to create them annually.

The ODA’s purpose was to “improve opportunities for persons with disabilities and to provide for their involvement in the identification, removal and prevention of barriers to their full participation in the life of the province.” 

The ODA mandated plan contents. 

Plans were to include a report on measures taken, measures in place, and the next year’s measures to take to identify, remove and prevent barriers. 

The town was also required to assess, review and list its by-laws, policies, programs, practices and services to identify barriers.

I delegated to council and the accessibility committee; I emailed and wrote letters to the editor to help raise awareness of some barriers.

I had already advocated for ten years for an accessible library, but the town remained silent.

Throughout the decade the town pursued funding for other projects like a marina and arena, despite the provincial government’s grant stipulation that accessibility was the number one priority.

Finally, my human rights complaint against the town was settled and an elevator was installed in the library along with accessible parking spaces.

The town installed a plaque in the library lobby crediting others with my accomplishment.

I reiterated some of the barriers that were either not included in the plans or were not removed when they could have been.

For example, an accessible town website was relegated to year 3 of the town’s first accessibility plan, then listed as a priority for 2005, and then 2006.

A 2007 report informed council that the website was compliant with W3C accessibility standards but it wasn’t, according to an external expert. 

In 2009, a newly designed website was unveiled and problems continued. 

In 2011, I mentioned difficulty navigating the website. 

In 2014, Amherstburg was invited to hire esolutions when Essex County redesigned its site to meet accessibility standards; Leamington and Essex had already hired the company, but Amherstburg declined. 

According to the town’s site, esolutions redesigned Amherstburg’s site in 2016, although it still had issues.

Thousands of dollars and redesigns later, in 2020 administration recommended, and council agreed, to request the province to extend the AODA January 1, 2021 website compliance deadline to at least January 1, 2022 due to COVID-19.

Following the January 1, 2022 deadline extension request, the province agreed the town’s work should be completed prior to December 31, 2024. 

The new website redesign and refresh was not to exceed $70,000, excluding HST.

The AODA 2005 now requires organizations to review their multi-year plans every five years but report annually on barrier removal progress.

Although the town’s plan review is due by December 2026, the town posted a 2026 Multi-Year Accessibility survey on January 26, 2026.

The survey introduction states, “The Town’s Multi-Year Accessibility Plan outlines the outcomes and initiatives that reaffirm the Town’s commitment to an accessible community and to building an equitable and inclusive society that values the contributions of people with disabilities.”

I do not feel like my contributions have been valued – my decades of input parallel decades of barriers.

Despite my repetitive requests for a strong commitment to accessibility, the town failed to meet the 2025 AODA compliance deadline.

In fact, Mayor Prue even declared, ‘this town has not been compliant.’

Commentary by Linda Saxon

The Burg Watch Is 14 years old

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In 2011, right after the 2010 election, I became Amherstburg’s first local blogger. Having a record to review to make more informed decisions about future candidates was my goal.

I was also the first one to facilitate questions to the candidates, for which I endured threat of legal action and harassment.

Some candidates ignored me while others were happy to answer. Even though I allowed for generous deadlines, one claimed she couldn’t meet it. Funny how she posted about 45 tweets in the same time frame; I discovered just how nasty some people are.

Another candidate was nasty when I shared my observations of what appeared to be a slate. (I’m sure there will be more commonalities among candidates in 2026. The facts are not my opinion).

As a person with disabilities, and an advocate, I let candidates know about their inaccessible campaigns. Anyone excluding a marginalized community, while hypocritically campaigning to represent everyone, wouldn’t get my vote. Attitudinal barriers are obvious.

In 2014, the three candidates who created websites had accessibility issues. In 2022 more candidates used social media yet didn’t provide accessible information, even after I pointed it out to them and after they received information about conducting accessible campaigns. Lori Wightman’s website had accessibility issues in 2018 and 2022. 

Noteworthy about the 2022-2026 council:

  • the more restrictive procedural by-law limiting citizen participation; delegates can only speak to an issue that’s listed on the agenda and if it’s accompanied by an admin report or a by-law.
  • Councillor Crain and Deputy Mayor Gibb voted a couple of times against audience members speaking to council.
  • the amount of time some council members spend on self promotion while ignoring emails from residents.
  • failing to meet the January 1, 2025 AODA deadline.
  • no decision on an inaccessible town hall.
  • claims of inaccessibility at the library without accountability for statements (Councillors McArthur and Allaire).
  • pickleball – almost $500,000.00 June 2023: ‘The motion has passed now the thorny issue of how do we pay for it?’ said Mayor Prue. (yes, money is found for some things).
  • a future fire hall being slowly built

Unchanged Common Themes:

  • lack of decorum (I blame a lack of leadership for allowing the incivility)
  • council 4-3 divisions
  • excessive kudos to staff
  • staff participation in council meetings
  • demands for FOI requests
  • a high number of in-camera meetings
  • lack of public consultation
  • preferential treatment (some items get moved quickly)
  • over expenditures
  • police costs
  • ableism
  • lack of commitment to accessibility – a decades old issue.

Thank you to those who continue to follow, stay connected and share my vision of a more inclusive community.

Request For Routine Disclosure Policy Now Four Years Old

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It’s been four years since I requested council create a protocol for requests for information and former CAO Miceli advised that the Town of Amherstburg was in the process of creating a Routine Disclosure and Active Dissemination Policy.

In April 2021, I repeated my request and former clerk Paula Parker advised a draft policy was in progress.

January 2022, I asked interim CAO Tony Haddad about the status of the Routine Disclosure and Active Dissemination Policy that former CAO Miceli advised the town was in the process of creating in February 2020. I received no answer.

July 2022 I reminded Critchley and council that council has disregarded my repeated requests for a Routine Disclosure policy,

In April 2022, I reminded council that it was over two years.

In January 2023, I requested that status of the routine disclosure policy and in February CAO Critchley advised the town continues to investigate a number of policies but has not adopted a specific policy.

In June, 2023, council carried Councillor Pouget’s motion to direct administration to bring back a report regarding the policy following Nancy Atkinson’s delegation on behalf of the Amherstburg Residents Forum.

December 2023, I emailed council requesting the status of, and report on, the routine disclosure policy and Critchley advised they continue to work on the Routine Disclosure issue and expect it will move forward in the new year.

A Year Later, No Town Policy Re Routine Requests For Information

Amherstburg Needs Routine Disclosure Policy

Amherstburg Clerk And Mayor Respond to Routine Disclosure Policy Request

Councillor Prue Supports Routine Disclosure Policy

Request For Routine Disclosure Policy Now Two Years Old

Where Is The Routine Disclosure Policy?

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Another farcical item for council’s January 29 meeting is a recommendation for council to support AMCTO’s submission regarding MFIPPA, which includes a recommendation to require municipalities to adopt a Routine Disclosure and Active Dissemination Policy (RD/AD).

The submission even includes a graphic: ‘Did You Know? AMCTO has a guide offering considerations for establishing RD/AD’ with a link to the document: Considerations for Establishing Routine Disclosure and Active Dissemination.

During the June 2023 meeting discussion of an RD/AD policy, Councillor Pouget stated the AMCTO, the association of municipal clerks and treasurers of Ontario, do give guidelines for this policy and asked, has that been taken advantage of? Do you know if you’ve tapped into that resource?

CAO Critchley responded, as I said earlier, if this is something that council wants us to do, then we will look into it if that’s what Council directs.

Pouget then made a motion and council passed a resolution directing administration ‘to bring back a report regarding a Routine Disclosure Policy’ and the Unfinished Business list stated a report was coming to council in Q3. No policy exists.

It’s been almost four years since I requested council create a protocol for requests for information and on a few occasions I was advised that a policy was in the process of being created.

A Brief History

2020: former CAO Miceli advised, the town is in the process of creating a Routine Disclosure and Active Dissemination Policy and respecting the MFIPPA process is best for all parties.

2021: former Clerk Parker stated, the Town does have a draft of the policy in progress.

2021: I asked if council directed administration to create this policy.

2021: Former Mayor DiCarlo advised, this policy is being created as part of ongoing policy review of all of the town’s policies, not from a specific council direction. 

2021: I asked then-Councillor Prue if he would know the status of the policy; he did not answer the question.

2022: I emailed Interim CAO Haddad to inquire about the status of the policy; no answer.

February 7, 2023 CAO Critchley advised the town has not adopted a specific policy.

June 13, 2023 Nancy Atkinson, on behalf of the Amherstburg Residents Forum, raised three items including the Routine Disclosure Policy.

June 13, 2023 Councillor Diane Pouget’s motion to direct administration to bring back a report regarding the disclosure policy was carried.

December 1, 2023 I emailed council again requesting the status of, and report on, the routine disclosure policy. 

December 13, 2023 follow up email requesting the status of, and report on, the routine disclosure policy. 

December 18, 2023 CAO Critchley advised, we continue to work on the Routine Disclosure issue and expect it will move forward in the new year.

New Jack Purdie Park Swing

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I posted that I’d have more to say about the Multigenerational Swing Installation Jack Purdie Park.

While the Amherstburg Accessibility Advisory Committee spent about half of the meeting discussing the proposed new LCBO, it took about two minutes for the clerk to provide a background and for the committee chair to note it looks amazing and should be standard.

The clerk advised that for a second time the Town of Amherstburg received funding through the Enabling Accessibility Fund – Youth Innovation Component and they may have to recognize the individual’s support for the community and for being such a forward thinking youth to continue to drive forward the town and its initiatives.

The agenda attachment notes, ‘We are excited to announce the ‘swing along’ installation in Jack Purdie Park, which is already getting lots of use! This multigenerational swing allows children ages 5 and under to sit face-to-face with and in close proximity to a sibling, parent or caregiver. This configuration promotes social, emotional, visual, vestibular, proprioceptive and language skill development and is a great way to teach little ones how to swing.’

My critique? The swing limits use to under age 5. Stats Canada states in 2021 there were 745 children age 0 to 4; so what about the 1670 children ages 5 to 14 who want to swing? The swing is segregated; I question how that promotes social skill development. There is no sidewalk leading up to it. The surface is soft and uneven. There is no shade. And, as mentioned in this post,

‘When adapted or specialized equipment is made available, it is often limited in quantity and engaged with alone, thereby highlighting the functional limitations of that child and further segregating them from their peers.’

canadian public health association accessibility and usability of play spaces march 2019

Evidence-Informed Recommendations for Designing Inclusive Playgrounds to Enable Participation for Children with Disabilities By: Canadian Disability Participation Project, supported by Canadian Tire Jumpstart.

How does this playground compare?

photo 1: isolated new swing

photo 2: no sidewalk to it

photo 3: the rest of the playground in the distance

Proposed Hotel – From An Accessibility Perspective

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How accessible is a hotel that provides no accessible parking and stairs?

Last fall I asked what accessibility guidelines the town provides to developers? who ensures accessibility is included in the site plan review? 

Deputy CAO Osborne wrote, in part, that Administration reviews site plans and drawings for compliance with legislative requirements.

While I awaited administration’s answer, I emailed Architectural Design Associates (ADA) about the proposed hotel: one of the pictures depicts stairs at the rear entrance to the building. how accessible will the stairs be? also, how many accessible units are proposed?

I followed up with ADA but still received no response.

Following the mandatory April 11, 2023 4:30 pm meeting, I have more questions about public safety and accessibility:

  • How will council be satisfied that undue traffic hazards would not arise?
  • Did Windsor Police Service provide a ‘fulsome’ report? 
  • Was public safety regarding the rental of electric scooters considered? 
  • Were municipalities like Toronto and Paris that banned electric scooters compared? 
  • Were statistics regarding the number of injuries and deaths from electric scooters considered? 
  • How will bike rentals be accessible if they are located downstairs?
  • How will people using mobility devices access the restaurant at the back of the building if stairs pose a barrier? 
  • How would a person using a mobility device exit through the back stairs in an emergency?
  • How is the restaurant accessible if people with hidden disabilities have to travel to the front building entrance?
  • How will ‘fully accessible’ be interpreted, by whom and by what standards? 
  • If the hotel has two accessible rooms, where will people with disabilities park? 
  • Has walking distance from available parking for persons with various types of disabilities been considered?
  • If streets are not closed, and a person with a disability is dropped off in front of the hotel, will curb cuts be installed to enable access by persons with disabilities who use wheeled assistive devices? 
  • Does the magnitude of the development warrant the provision of parking spaces for persons with disabilities?
  • Has public health and safety concerns, as mentioned in the Provincial Policy Statement, been addressed? 
  • Has ‘improving accessibility for persons with disabilities and older persons by addressing land use barriers which restrict their full participation in society’ as mentioned in the Provincial Policy Statement been considered?
  • As mentioned in the Official Plan, in reviewing development applications, has serious consideration been given to the creation of a barrier free environment?
  • Also as mentioned in the Official Plan, has the town encouraged developers to provide barrier free developments?
  • Do Zoning By-law parking requirements for 1.25 spaces per unit of a hotel conflict with the Official Plan?

Request For Routine Disclosure Policy Now Three Years Old

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It’s been three years since I requested council create a protocol for requests for information; a good indication of open government.

In February 2020, then-CAO Miceli advised, that the Town of Amherstburg was in the process of creating a Routine Disclosure and Active Dissemination Policy and that I might wish to review the policy when it appears on the agenda for Council’s consideration and approval in the near future.

Current CAO Critchley now advises: the Town continues to investigate a number of policies and their associated role within the organization but at this time the Town of Amherstburg has not adopted a specific policy to govern the many ways in which the Town actively disseminates and routine discloses information to the public.

A Year Later, No Town Policy Re Routine Requests For Information

Amherstburg Needs Routine Disclosure Policy

Amherstburg Clerk And Mayor Respond to Routine Disclosure Policy Request

Councillor Prue Supports Routine Disclosure Policy

Request For Routine Disclosure Policy Now Two Years Old

Rules Were Meant To Be Unfair?

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Was anyone minding the clock? I didn’t hear any reminders about the time limit as I have in the past for some delegates. I also didn’t hear the Mayor use the gavel.

The Amherstburg Soccer Club’s delegation at council’s March 14, 2022 meeting was 18 minutes, followed by a 48 minute question and answer session with members of council and staff for a total of 66 minutes.

First the delegation was late, but Mayor DiCarlo stated they could move on to the next item and then come back to them.

According to the town’s website, delegates are governed by Amherstburg Council’s Procedural By-law 2014-91, specifically:

  • Section 5.5 – Council will allow a maximum of five minutes per delegation per regular Council meeting. No more than four delegations will be heard per item of discussion by Council. The five minute timeline will be strictly enforced. The Clerk shall set a timer at the commencement of the delegation’s presentation. The Mayor/Chair at the conclusion of the five minutes shall inform the delegation that the time limit has been exceeded and thank the delegation for the presentation. Only upon a verbal motion to extend the five minute limit adopted by a majority of members shall the five minute limit be extended.

Request For Routine Disclosure Policy Now Two Years Old

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One might conclude there is a lack of willingness to be more open and transparent, given the lack of agenda reports, the lack of in camera resolutions, the incomplete information recorded in the minutes, the lack of reporting out from in camera information.

My request to council that a protocol for requests for information be created for taxpayers is now two years old.

Former CAO Miceli advised, in February 2020, that the Town of Amherstburg was in the process of creating a Routine Disclosure and Active Dissemination Policy and that I might wish to review the policy when it appears on the agenda for Council’s consideration and approval in the near future.

I repeated my request in April 2021 and council, instead of creating a policy, received the item under consent correspondence.

How long does it take to create a Routine Disclosure and Active Dissemination Policy that the Information and Privacy Commissioner revised in SEPTEMBER 1998?

What will it take for council to commit to being more open and transparent?

VOTE October 24, 2022 – hold candidates accountable.