Amherstburg Police Services Board’s Decision Re Cheap Silver Police Retirement Badge

Mayor DiCarlo confirmed that it was a Board decision to provide a cheap silver retirement badge to Sgt. Jim Saxon and he did anticipate it might be an issue. Nothing changed.

Two sets of badges were ordered – one in silver for all retiring officers in 2013/2014 and another in gold for everyone but Sgt. Saxon.

As of November 18, 2014, APSB members were John Sutton, Frank Cleminson, Pauline Gemmell and Wayne Hurst.

Also posted to bullyinginpolicing.com on the saxon page.

Ontario Passes Law to Protect Freedom of Expression

Province Works to End Strategic Lawsuits That Stifle Free Speech

Press Release

October 28, 2015 12:00 P.M.

Ministry of the Attorney General

Today Ontario passed an act that protects freedom of speech on matters of public interest.

The Protection of Public Participation Act, 2015 will allow the public to participate more freely in public discussions without fear of retribution by giving them a better way to defend themselves against strategic lawsuits, commonly known as SLAPPs (Strategic Litigation Against Public Participation). The threat of a strategic lawsuit, which can be lengthy and expensive, is often used as a means to intimidate or punish opponents and discourage others from speaking out.

The new act, which will become law in Ontario upon Royal Assent, contains a number of elements that will reduce the risk of citizens being threatened with legal action when speaking out on matters of public interest, including:

  • A new fast-track review process that will allow the courts to quickly identify and deal with strategic lawsuits
  • New protections for individuals from defamation lawsuits when their concerns are reported to the public through a third party, such as a blogger or a reporter
  • Faster and less expensive procedures at boards and tribunals that will allow parties to make written submissions about legal costs instead of making submissions in person.

Improving access to justice supports the province’s strategy to build Better Justice Together, a commitment to make the justice system simpler, faster and less expensive for all Ontarians, and is part of the government’s plan to build Ontario up. The four-part plan includes investing in people’s talents and skills, making the largest investment in public infrastructure in Ontario’s history, creating a dynamic and innovative environment where business thrives, and building a secure retirement savings plan.

Quick Facts

  • The majority of strategic lawsuits are filed in court as claims of defamation (libel or slander), have little or no merit, and are often dropped before proceeding to trial.
  • The Protection of Public Participation Act, 2015 is based on extensive stakeholder consultations and the consensus recommendations of an expert advisory panel to provide a faster, more efficient process to address strategic lawsuits and provide greater clarity for the parties involved.

Background Information

Quotes

Madeleine Meilleur

“I am pleased to see our government play a leading role in ending litigation that stifles free speech. This law embodies the values of justice, fairness and equality—all hallmarks of our great nation—by allowing citizens to speak out on public issues without fear of retribution.”

Madeleine Meilleur

Attorney General

“The Ontario Bar Association applauds the Ontario government for passing the Protection for Public Participation Act. The act will ensure that individuals with legitimate lawsuits can carry them forward and that lawsuits aimed at silencing legitimate democratic debate can be disposed of more quickly and easily by the courts. The act further encourages public participation and democratic speech by removing significant barriers to dismissing lawsuits brought about by improper motives. The OBA has called for such legislation and is pleased to see it pass.”

David Sterns

Ontario Bar Association, 1st Vice-President and member of the OBA Anti-SLAPP working group

Politician threatens lawsuit over businessman’s Facebook musings

DOUG SCHMIDT, WINDSOR STAR reported on November 3, 2015 “An Amherstburg politician who once successfully sued his town for a half-million dollars after tripping on a sidewalk threatened to sue a constituent over alleged defamatory postings on Facebook.”

A photo of Councillor Rick Fryer is attached to the article.

Mayor Aldo DiCarlo commented that politicians should expect to be criticized by the people they represent and that such criticism can range from mild to offensive.

Pettiness Prevails At Amherstburg Town Hall

Commentary by Linda Saxon

Recalling last year’s campaign promises of increased accountability and transparency, I submitted a Freedom of Information Request to the town on October 14 for information pertaining to the most recent leaked information about Amherstburg’s fire chief.

On October 26, Tammy Fowkes, Amherstburg Deputy Clerk, returned my request stating, “Unfortunately we cannot process your request until we have received the appropriate documentation. I have included the official form in your return package. I have also enclosed your $5.00 cheque to be returned with the official form.”

According to the access procedure of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, section 17 states:

A person seeking access to a record shall,

(a) make a request in writing to the institution that the person believes has custody or control of the record;

(b) provide sufficient detail to enable an experienced employee of the institution, upon a reasonable effort, to identify the record; and

(c) at the time of making the request, pay the fee prescribed by the regulations for that purpose.  1996, c. 1, Sched. K, s. 14.”

While a request can be made simply in a letter, I submitted an official request form available at the Information and Privacy Commissioner Ontario website which the town has very slightly modified and deemed ‘appropriate.’

My past inquiries were met with resistance and insolence and, despite a regime change, it appears that pettiness prevails.

Misguided Support for Segregated Sports

Commentary by Linda Saxon

The River Town Times reports that the Town of Amherstburg has given the go-ahead for Miracle League billboards, awaiting final OK from the county and ERCA.

The article includes comments from Mayor Aldo DiCarlo and Councillors Diane Pouget, Joan Courtney and Rick Fryer praising the work of the Miracle League and its volunteers, all misguided in my opinion.

The Ontarians with Disabilities Act 2001 (ODA), the Accessibility for Ontarians with Disabilities Act 2005 (AODA), The Universal Declaration of Human Rights, signed by Canada, the Canadian Charter of Rights and the Ontario Human Rights Code all promote integration, not segregation.

Mandatory training of Essex County Council included presentations by the Essex County Accessibility Advisory Committee that specifically addressed the full and equal participation of every member of society and attitudinal barriers that interfere with the human right to do so.

Has anyone wondered why there was only one Miracle League in Canada? Has anyone wondered if negative stereotypes were being perpetuated?

As an accessibility advocate, I have often criticized the Town of Amherstburg for its lack of commitment to removing barriers in the community, including attitudinal barriers. As a few examples: for the past thirteen years I have advocated for an accessible town website, for accessible voting stations, for an accessible front entrance to the town hall – would any other minority group tolerate an enter at the back sign? No progress regarding these items was made to this day.

In my opinion, the approval of these billboards indicates to me that council needs to learn how to provide a more inclusive community in terms of full and equal access to recreation, festivals, communications, facilities and more.

Kathie Snow, of Disability is Natural, and a previous keynote speaker at the Essex County Accessibility Advisory Committee Accessibility Workshop has published several informative articles on her site, including Separate And Unequal, about segregated sports, which I highly recommend.

All the information is readily available in legislation and resources; those should be guiding council’s actions, not emotions and misguided intentions.

Accessibility Concerns Misunderstood

Commentary by Linda Saxon

In a letter to the editor, River Town Times, April 8, I expressed my concerns regarding town council’s pre-approval of grants to four community organizations: the Park House Museum, North American Black Historical Museum, Amherstburg Community Services and the House of Shalom Youth Centre.

It would appear, in a letter the RTT published this week from Kathy DiBartolomeo, Amherstburg Community Services, that my concerns were misunderstood.

To reiterate, council is using taxpayer dollars to grant these requests, despite a well-publicized 46 million dollar debt and promises of fiscal responsibility to control and/or reduce it.

Ms. DiBartolomeo believes that my “concern over the town’s website and accessibility to information and the importance of all of the agencies and organizations that receive community grants are two different issues.”

I disagree. Council has not found money over the past twelve years to ensure the town’s website and its documents are universally accessible, but community organizations have received approximately $360,000.00 in grant funding in that time frame.

Policy F10-Grants to Community Groups, enacted May 25, 2005 and amended September 22, 2008 is another outdated municipal policy that needs to be updated.

Council should include accessibility criteria as a requirement when evaluating grant requests from organizations. Additionally, council needs to enact a municipal policy that no public funds will ever be used to create or perpetuate barriers against persons with disabilities.

Because of a lack of an accessibility requirement, shamefully, council has committed taxpayers’ dollars to four organizations that maintain websites with accessibility issues.