Tuesday, July 10, 2007

Haldimand "My Chat with the Mayor"

ititWell Haldimand County Council had their "BIG" news release yesterday! I am still trying to figure out what they are thinking, or if they even "understand" as a "County" what the real issues are!

This Council as a whole decided after 17 months to "finally stand together" and announce to the press and to the "residents" of Haldimand County "NOTHING" that we didn't already know! So what is next you ask? Well I see that the next time "Haldimand County Council" makes a "BIG" announcement, they will be "talking to themselves"!

I would like to personally "thank" all of Haldimand's Councilors for finally speaking out! We were all wondering where you have been!

Last week Haldimand County Council and staff held a "closed" door session for "developers", this session was an "invitation" only, there was a wide range of quest speakers from government officials to the O.P.P. once again we will not be privy to what was said by anyone.

So, was this "news release" stemmed from that closed-door session? I can only "assume" the answer to be "YES".

This morning I called Mayor Trainer to clarify a few things, and to ask what the big fuss was all about? When I say "big fuss" what I mean is that the message "Haldimand County Council" sent was nothing new to anyone here in "Haldimand County".

This Council had an opportunity to be heard and they this missed a "golden opportunity"!

Here is a copy of the News Release in case you "missed" it. After each paragraph I "posted" my question to Mayor Trainer and her answers.

July 9/07 Haldimand County Council Press Conference
Press Release

Haldimand County has become an innocent victim of circumstances created by the Federal Government. For well over a year, Caledonia, and recently other communities in the County have become the lightening rods for First Nations frustrations over land claim inaction by the Federal Government.

My question to Mayor Trainer; why was the "province" left out of this statement? Mayor Trainer answers this question by stating; "I asked that the Province be put into this press release; but the rest of my Council voted against it! Here are the names of the ‘Councillors" that voted against directing the "news release" to the "province". Councilors Sloat, Dalimonte, Ricker, Grice, Bartlett.

My question to Mayor Trainer; who wrote the news release? Mayor Trainer answers CAO Bill Pearce. I asked if she had any input to what was in this news release? Mayor Trainer said "NO", she was asked to read the release as it was, or someone else would read it!

The result is a climate where the many development opportunities in Haldimand County are not being realized because of fear of occupations or demonstrations. Occupations and demonstrations that the Ontario Provincial Police cannot or will not intervene in, other than to keep the peace. This is grievously affecting the County’s economy and if allowed to continue much longer, will result in permanent damage because of lost opportunities.

Haldimand County Council has tried to be patient and understanding about these events that have overwhelmed the County. Haldimand County Council will no longer accept being treated as an insignificant player in this event that is so crucial to the future of the County. We cannot stand on the sidelines and watch this municipality’s economy fail. We can no longer tolerate a situation that inhibits any future planning to realize this County’s potential.

My question to Mayor Trainer; what took council so long? why have they been standing on the "sidelines"? Mayor Trainer states that she has always been up front to the issues, I guess "council" is doing a "catch up". My response to the Mayor was that this was" too little too late", and directed at the wrong level of government!

The only solution to this problem is an accelerated process for land claims in Haldimand County. To that end, Haldimand County Council representatives will be requesting a meeting with Prime Minister Harper and Member of Parliament Diane Finley, as soon as possible. The County’s expectation will be that Prime Minister Harper will assign M.P. Finley as the Federal Government’s person on the ground, or if you will, Minister responsible for Haldimand County, to ensure that claims settlements are given the highest priority.

I find it rather interesting that the "only" solution that Council seems to see is an "accelerated" process to land claims! What about the "provincial government" that is totally "ignoring" their "responsibility" to "clear title of deed"! What about the "lack" of "communication" with "Six Nations"?

I noticed a slight of words here, "or if you will" Minister responsible for Haldimand County! Well we all know that M.P. Finley is our federally elected official, are council members showing their "colors"?

My question to Mayor Trainer; Do you think that this statement will speed up the "land claims" issues? Mayor Trainer states that the direction should have been to the province, in regards to "clear title of deeds". This is the priority; the "province" is not guaranteeing a "clear title of deed". Mayor Trainer spoke of the Hennings Brothers that received money from the province, yet Dan Valentini a developer from Hagersville has stated that the Province will not help him financially? I asked again why council voted "against" directing this news release at the "province" and she didn’t have a clear answer for me, accept to say that "the majority rules!

Haldimand’s goal is to be able to again function as a normal municipality seeking stability and prosperity for its residents as well as maintaining strong, healthy relationships with its neighboring communities.

My question to the Mayor; at the "closed session" of last week in regards to "development", was a representative from "Six Nations" invited? Mayor Trainer answered "No"! Now I find this ironic, as one of the problems that this County has is with "communicating" with it’s "neighboring communities", was this an oversight on Staff’s part or Council's part?

I would like too personally Thank Mayor Trainer for being so candid with her
Answers.

As a huge "majority" of Haldimand’s local council members are "liberals", (and that is "NO" secret!) It seems to me that this "news release" was geared towards supporting the "Liberals" in the upcoming "Provincial" election. If I am wrong here, I am sure someone will correct me!

Locally elected officials "should" be non-partisan, so in saying that, if in fact the County is talking about economic "growth", this has nothing to do with the Federal Government. It is the "Provincial Government" that "guarantees" clear title of deed, so why did they not attack the "Province"?

Well only "YOU" can answer that question.

23 comments:

  1. Excellent post Donna.

    Mayor Trainer needs to step out from under this Council and speak on behalf of the people of Haldimand County.

    Bill Pearce may be the CAO of the County but he was elected by nobody and therefore needs to publicly shut up and let the elected officials speak on our behalf.

    Mr. Pearce needs to get back to making life miserable for the residents of the County which he does very well.

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  2. Honourable Diane Finley,

    I find it hard to refer to you as Honourable when you let the people of Haldimand blow in the wind doing little or nothing on our behalf. This problem is now 15 months with no end in sight.

    I acknowledge that the deed system in Ontario is the responsibility of the Province and law enforcement in Ontario is the responsibility of the OPP; however, when neither of those two components are working on behalf of the residents of a part of this country namely Haldimand County then it is the responsibility of the Federal Government to intervene on behalf of the residents.

    The Liberal Party in Ontario is ignoring our legal deeds allowing Six Nations radicals, who I might point out, are wards of the Federal Government, to occupy legally deeded land, interfere with development activities in Haldimand County and continue to threaten and intimidate residents of Haldimand County. While policing and deed management is a Provincial responsibility it is the responsibility of the Federal Government to intervene on behalf of residents of this country when their rights under the “Charter of Rights and Freedoms” are being ignored which they are at the hands of the Province and the OPP. The Province is not an independent entity in this country but rather an extension of the Federal Government in the structure of things.

    Firstly the rights of land owners in Haldimand County are not being given equal treatment before and under the law as the OPP are allowing trespassers to occupy legally deeded lands without intervention. It is the responsibility of the Federal Government to ensure that wards of the Federal Government are not allowed to interfere with landowners legal right of possession.

    “15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.”

    Ms. Finley you as the representative of this region federally are responsible for protecting our civil rights, our land rights and our legal rights. You cannot abrogate your responsibility when politically convenient.

    I am demanding Ms. Finley for an interpretation from the Federal Government as pertains to land ownership and legal deeds under the deed systems in place in Canada and their relationship to Aboriginal Rights under the “Charter of Rights and Freedoms” as demonstrated in section 25.

    The question is a simple one “Does section 25 of the Charter of Rights and Freedoms take precedence over the rights of landowners in Canada rendering deeds on land invalid”.

    If the answer is yes to the question then tell the landowners in this country that their deeds are not worth the paper on which their written. If the answer is no, then have your government intervene on behalf of land owners in this country, demand that the wards of the Federal Government cease and desist, tell the Provinces to start protecting legal deeds and tell the OPP to start arresting trespassers on legally deeded property.

    “ 25. The guarantee in this Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including

    a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and

    b) any rights or freedoms that now exist by way of land claims agreements or may be so acquired.”

    Stop the nonsense arguments between your government and the province of Ontario and get the problems in this county solved now. Surely you don’t believe that your current performance warrants re-election?

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  3. Lisa Thank you for your comment.

    When Haldimand County decided to attack the Federal Government, they should have asked you to right their "News Release".

    Well said, to the point!

    Donna

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  4. This County needs to clean their own house, before they attack another!

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  5. In response to my letter to Diane Finley here is the response I received from Bill Pearce at Haldimand County:

    From: BILL PEARCE [mailto:bpearce@HaldimandCounty.on.ca]
    Sent: July 11, 2007 8:29 AM
    To: Lisa Parent
    Cc: DL-COUNCIL
    Subject: RE: Diane Finley

    Ms. Parent: Could you please remove me from your e-mail list since I have absolutely no interest in hearing of your views on First Nations related issues in Haldimand County.

    Bill Pearce
    CAO
    Corporation of Haldimand County

    In return here is my response to Mr. Pearce:

    I believe I have every right as a resident of this County to express my views to you and anyone else working in Haldimand about the level of service I believe we are receiving for the tax dollars we pay to this County.

    You Sir work for me along with all taxpayers in this County and don’t you or your staff forget it. Maybe some housecleaning in this County is in order.

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  6. Bill Pearce followup comment to my email:

    From: BILL PEARCE [mailto:bpearce@HaldimandCounty.on.ca]
    Sent: July 11, 2007 8:57 AM
    To: Lisa Parent
    Subject: RE: Diane Finley

    You are correct on one point, I do work for all the taxpayers in the County, but through Council. I do not work for you personally, and if you feel I should, I would be quite happy to reimburse you for your taxes that contribute to my salary and we can call it even..

    My latest response:

    Thank you I look forward to my cheque.

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  7. Lisa, thanks for the "disturbing" update!

    Interesting how Mr. Pearce states he "works through Council". Then why did he not "allow" the Mayor to add to the above "News Release"?

    If you look up the "protocols" for Haldimand County Staff, you will find that CAO Bill Pearce is truly "out of line"!

    If in fact he is not interested in "your" point of view, he has not been interested in "anyone's" point of view, therefore I find it "safe" to say, that he "speaks" on behalf of Council as well!

    I have left a message with Mayor Trainer regarding his lack of respect to a fellow resident of Haldimand County, and I would hope that anyone else who disagrees with his response would do the same!

    Maybe we should all be "reimbursed" our taxes that contribute to both his salaries and that of Council Members!

    Donna

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  8. Lisa I have a request.

    Could you please update everyone on your responses that you receive from Council Members.

    Even though Council is on "summer break for 6 weeks", Mayor Trainer is still working!

    It will be interesting to see "who" responds!

    Donna

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  9. I am demanding Ms. Finley for an interpretation from the Federal Government as pertains to land ownership and legal deeds under the deed systems in place in Canada and their relationship to Aboriginal Rights under the “Charter of Rights and Freedoms” as demonstrated in section 25.

    The question is a simple one “Does section 25 of the Charter of Rights and Freedoms take precedence over the rights of landowners in Canada rendering deeds on land invalid”.


    The simple answer is YES ... and so does Section 35 of the Constitution: "existing aboriginal and treaty rights are recognized and affirmed."

    However, the Province of Ontario has guaranteed your deed, so even though Six Nations may have valid claims to the land, the government will compensate them for settled land without disturbing you ... at least that is how it should work if the government is operating in good faith.

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  10. Thanks "g" for your comment.

    Let's hope that the government works for "all" in "good faith".

    Donna

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  11. I appreciate the feedback from G but I still want the official version from Ottawa. I want to know how they plan to deal with occupations if the deeds are valid. If deeds are indeed valid and legal then occupations are trespassing under the Criminal Code. That means that Six Nations would have committed the crime of trespass in February 2006 when they occupied the Henco development. They should have been arrested when the tried to occupy the development in Hagersville.

    The question is more than simple land rights. It is also equal protection under the law.

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  12. Lisa, here is some information on private property;

    What is Ontario's approach to private property and Crown land uses?

    Ontario will not expropriate private property to reach a land claim settlement. However, the province may agree to buy land from an owner on a willing seller/willing buyer basis where it will help achieve a satisfactory settlement.

    Existing Crown land uses are taken into consideration during the negotiations. Potential impacts on existing uses are minimized as much as possible. For example, Crown land leases, easements, mining claims, timber allocations, and other licenses and permits will not be revoked during their term. Public involvement in land claim negotiations helps Ontario to determine the best way to address local interests.

    Negotiated settlement agreements contain appropriate legal releases and indemnities that achieve greater certainty for people potentially affected by a land claim. Settlements bring closure to the issues under negotiation, including issues of access and title to land, natural resources and private property.

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  13. Thanks Donna.

    This still doesn't answer the question. If deeds are valid and legal why are Six Nations trespassers not being arrested for trespassing on private proptery?

    Under section 15 of "Charter of Rights and Freedoms" everyone is required to receive equal treatment under the law. That is not happening in Haldimand County.

    “15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.”

    The Province and OPP are affording special treatment under the law to Six Nations occupiers. This is a violation of land owners rights under section 15.

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  14. Well it seems that are Council (not including the Mayor) blew it again!

    Or maybe they have information that is once again confidential!

    How are we to ask these members of Council to pressure the provincial government for answers on our behalf?

    Maybe we should demand a new municipal election here in Haldimand County!

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  15. I agree with one of the comments relating to the Mayor. It is about time that she started speaking for us the people that voted her in.

    She needs to start telling the public the real truth, it seems she has been fighting her own council for a long time, it is time for her to go public!

    As long as there is fighting within our own county council, nothing will be resolved.

    We've got Grice here in Caledonia, and he can't make up his mind who he likes or dislikes. Maybe he is taking advise from Dalimonte and Sloat (the good old boys). He needs to support the mayor, it is public knowledge that these two (Dalimonte/Sloat) don't care much for the mayor, and they would do anything to damage her character.

    Bring back Ashbough!

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  16. Bring back Ashbough?

    Talk about good old boys.

    I do agree these boys need to be exposed.

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  17. We can only wonder what is being said to the Mayor right now. (behind closed doors) I am sure her council is not happy with her.

    She needs to expose them more for what they are, remember that a majority of this current council has already found her guilty of harassment. And this was without going to court! Oh but that will come soon, and we can all give thanks to her council, the Burke Report is excellant evidence for the upcoming trial! How are they going to back out of this blunder.

    Kick Ass Marie!

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  18. I thought I would provide an update on this topic.

    I had a call from the Mayor about a week and a half ago regarding the Bill Pearce incident.

    Even though Council thought that Mr. Pearce should be fired for his comments to a resident, they felt that since he was leaving in August anyway that it would not make sense to initiate action at this time. It would take that long just to take action.

    I agreed.

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  19. Much like you complain that Ontario Does nothing about the DCE, it may help if you knew the ACTUAL LAW governing Indian Affairs. It is called the CONSTITUTION ACT OF CANADA. In it is section 91 which reads:

    It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House of Commons, to make Laws for the Peace, Order, and good Government of Canada, in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces; and for greater Certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say..

    24. Indians, and Lands reserved for the Indians.

    Don't believe me check it out:
    http://laws.justice.gc.ca/en/const/c1867_e.html#distribution

    Basically Ontario cannot do anything to remove the natives from the disputed areas, or anything of the nature. This is a FEDERAL GOVERNMENT responsibility as it should be. The actions and solution of Caledonia will have long term precedent over all of Canada, not just Ontario. Therefore Mr Harper where are you?

    And for those here who bash people for being Liberals, just thought I would point out you have a big PC election logo on your site. Never ever ever bash someones party affiliation if you are going to display yours so prominently.

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  20. Thanks for your information. You are correct regarding the actual law governing Indian Affairs.

    My point regarding the Province was the "current" Liberal government purchased the property in Caledonia, and therefore set a "precident". But has now refused to help anyone else.

    The Province is "responsible" for the guarantee of your "title of deed", which is what most builders and residents seem to be concerned about.

    I personally have no problem with the natives that are currently on "DCE" property, as the Province has purchased that property, and the Province has given them permission to be there.

    As there is an election on our doorstep, it would have been nice for Mr. McGuinty to acknowledge "Haldimand" in some way, but he has all but "forgotten" that we "exist".

    As far as my logo in support of the PC's, as I have always exercised my right to vote, that also gives me the right to be critical and voice my opinion.

    Thanks Donna

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  21. Donna, I agree that the province should have been included, especially when it is within their power to suggest and implement a successful use of the DCE. However, the feds would have to be on board and do their part. The feds have to agree to add the land to the reserve, I believe ... and 'now' ... not in 13 years like Terrance Nelson in Manitoba. ;)

    There is no longer any question of what that use should be ... there is an 800 year old longhouse community there that needs to be studied and reconstructed. (and a few 9,000 year old artifacts!)
    It is a natural tourist/learning centre and community boost, and it must be preserved for all people, imo, as an important national historical resource. It is the partnership that needs to be worked out.

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  22. Thanks "g" for your comment.

    I do agree with you as well that it is the "partnership" that needs to be worked out.

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  23. ****Update******

    Lisa Parent has had "NO" responses as to date, and I am assuming that she never will get a response.

    "Is this Accountable and Transparent Government"?

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