Rivers suggests a closer look at the idea of changing jury selection - possible unintended consequences.

Rivers 100x100By Ray Rivers

February 16th, 2018

BURLINGTON, ON

 

It is easy to see why a jury of his peers might sympathize with Gerald Stanley. The cattle farmer near Biggar Saskatchewan had shot and killed a young man who had driven onto his land uninvited. Imagine if four strangers suddenly roared up to your farm house in a ratty old SUV, went poking around into your garage and fired up a piece of your equipment as if it was their own. They were trespassing, apparently argumentative and clearly disrespectful.

It is not clear what the youths had in mind when they drove up to the Stanley farm house. Nor is it clear that they hadn’t just wanted Stanley, who operated a small auto repair shop, to fix their flat tire. There is evidence they had been drinking and that they had earlier tried to break into a neighbour’s vehicle. So they may well have been up to no-good.

Bouchie H&S

Colten Boushie

But none of that excuses the killing of young Colten Boushie, who lived on a Cree reserve about an hour’s drive away. Stanley had several weapons in his possession, including the hand gun which killed Boushie, so he clearly understood something about guns. He claims the weapon fired accidentally, an action which couldn’t be replicated in tests by a crime lab. Handguns are restricted weapons requiring registration and have strict storage requirements, but Stanley was also careless about how he stored his guns.

Stanley had used the handgun over the years, he said, to scare wildlife off his farm. Clearly the noise from a starter pistol would have been just as effective, unless he had intended to also kill the wildlife. And it sadly begs the question of whether he regarded these indigenous youth as just more wildlife, which he had hoped to scare off when he fired bullets into the air.

Gerald Stanley

Gerald Stanley – acquitted.

Gerald Stanley was acquitted of responsibility for that killing, something which has outraged the aboriginal community, civil rights lawyers and the federal government. Mr. Trudeau and his justice minister have promised to make changes to our legal prosecution system and/or jury selection process as a result of the trial. But that won’t bring back Mr. Boushie, nor prevent this kind of incident from happening again. Nor will it heal the wounds for Boushie’s family and his fellow band members, nor indeed for the Stanley family who have not escaped this sad event without some kind of trauma.

Improving the fairness of our judicial system is always a good idea. But if that involves mandatory inclusion of indigenous jurors in these kinds of trials, that may precipitate an explosion of demand for culturally populated juries from now on. Muslims for example, may demand representation on a jury when one of their own is accused or victimized. Will that lead to a quota system as the basis for jury selection? And will multiculturalism then take precedence over the blind execution of justice?

Wouldn’t it be better for the Trudeau government to take action to reduce the chances of this kind of incident repeating itself, rather than shifting the discussion to how the courts process the consequences? The government could focus on what killed Mr. Boushie – the gun. The only purpose of a handgun is to kill people. Why not ban all handguns in this country, except those used by law enforcement officers.

Boushie apparently also had a firearm, a 22 calibre rifle in poor condition but still loaded with bullets in the chamber. It was not a part of the actual conflict but it is also telling about the gun culture spreading in this country from the contagion south of the border. One wonders how this incident might have evolved had Boushie had a chance to discharge that weapon in self-defence.

Bouchie demonstrators

The sign makes the statement.

There is much less regulation and consideration over Canada’s firearms now that the nation’s long gun registry has been destroyed. It’s elimination was a political action to satisfy western gun owners, presumably like Stanley, despite appeals to the contrary by virtually all law enforcement agencies and most of Canada’s provinces. We register our cars and dogs but not our long guns.

Stanley’s ‘scare wildlife’ comment is telling, since it highlights the extent of racism that still exists concerning Canada’s aboriginals, particularly in the western provinces. He may not consider himself a racist but the question remains whether he would have pursued the same aggressive tactics were the invaders non-aboriginals.

The jury declined to pronounce Stanley guilty of even manslaughter, let alone the greater charge of second degree murder which the prosecution had been calling for. Stanley had every right to suspect the trespassers on his property were up to no good and may have felt threatened by their presence. And he had every right to evict them, which it appears he had done as they were in the process of leaving when the incident culminated in Boushie’s death.

Stanley pistol

The trigger on this pistol had to be pulled for the gun to fire.

The evidence that Stanley’s gun accidentally went off as he claimed was clearly rebutted during the trial, but even if it hadn’t been, the gun that killed Boushie was in his hand the whole time.

The jury may have been motivated to find for the defendant because of the colour of his skin, or not. And they clearly believed Stanley had been in the right, that he had done no wrong. Yet it is hard to understand how any reasonable person would not have called this manslaughter. That is what happened after all – a slaughter of that young man.

Rivers hand to faceRay Rivers writes weekly on both federal and provincial politics, applying his more than 25 years as a federal bureaucrat to his thinking.  Rivers was once a candidate for provincial office in Burlington.  He was the founder of the Burlington citizen committee on sustainability at a time when climate warming was a hotly debated subject.     Tweet @rayzrivers

Background links:

What happened –     Trial –    Response to Verdict

More response to Verdict –     Historic Perspective –     Weapon Malfunction

Background –     Even More Verdict –     Trudeau Response

Firearms Charges –     Jury Selection

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I thought I WAS a pussy cat. Turns out it was fake news and an attempt to cast aspersions on a community group.

News 100 blackBy Pepper Parr

February 16th, 2018

BURLINGTON, ON

Was it fake news?

Was it legitimate comment?

Or was it a mischievous cat that had eaten too much catnip and is now out of control?

We published a piece on just how the city found itself before the Ontario Municipal Board on the original ADI Development Group application to put up a high rise tower on the corner of Martha and Lakeshore road in 2015.

That article included a link to a story that had Ward 2 Councillor Marianne Meed Ward exchanging views with Tom Muir who had challenged the explanation Meed Ward had given as to why the city missed the 180 timeline for processing development applications.

Westbury Pat Facewbook picturePat Westbury, a Gazette reader took that link and posted it on the ECoB web site. Nothing wrong with that.

But then we got a note via Facebook from the reader who identified himseslf/herself as Pat Westbury who at 11:04am on Friday sent us the following:

Interesting, this same 2015 article from the Gazette was posted on the ECOB Facebook page. They marked it as spam and despite being informed it wasn’t, they deleted the article. Very telling actions from a group that aspires to represent residents. Just another special interest group ?

Was EcoB deleting material we had published from their web site?  We sent them a note asking what the message meant? Any truth to this we asked?

Our EcoB contact got back to us and said:

I am the only one with access to the Facebook page and have no idea what you are talking about. Give me a call if you want, maybe it was a visitor post and that person took it down?

A few minutes later the ECoB contact added:

So I just looked it up and the comment was posted 2 hours ago by a person under the name of Pat Westbury. It looks like Pat has made the comment only visible to her/him and me (ECoB Facebook admin). I haven’t been on Facebook all day so it was most definitely “Pat” who hid the comment unless someone else can mark it as spam but it certainly wasn’t me and there is no notification of someone else marking it as spam. I think I would be notified if someone else marked a comment on my page as spam.

This Pat Westbury has been a mystery to us….no friends on Facebook, opened account in November I believe and has over the top privacy settings.

An hour after the initial link was posted (not sure when it was made private) someone using the name John Was posted the link again. Very smelly indeed.

The Gazette has had dealings with Mr. Was in the past.  We had to ask that he no longer comment on the Gazette web site.

At 10:20 pm on Friday we heard from Pat again:

This is visible only to me and ECOB. “Your comment was marked as spam. Show comment” When I click on “Show comment” it tells me comment deleted. Shenanigans, or just censoring comments? Either way not very credible.

Pat wasn’t giving up.

We now knew who was behind the shenanigans

It was an attempt at fake news – is it a sign on how the municipal election is going to be played out.

Civil civic comments only please.  Let’s always hold each other accountable.

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City co-sponsors an event for those interested in running for office. Why is it being held in Oakville?

eventsblue 100x100By Pepper Parr

February 16th, 2018

BURLINGTON, ON

 

Thinking of running for council? City Hall has some advice

The municipal election on October 22 brings great opportunities for residents to connect with local government by voting or running for City Council, which is the ultimate civic engagement.

Election 2018

City has created a smart looking logo for the 2018 municipal election.

If you are a potential candidate, here are some tips on where to get helpful information:
Go straight to the source. The City of Burlington, the Province of Ontario and a number of municipal associations, including the Association of Municipalities of Ontario, have great information. Visit Burlington’s Election 2018 web pages.

Attend workshops and information sessions hosted by experts. The municipal clerk’s office at the City of Burlington is your go-to place for election information. The election team will help you prepare for what to expect on a personal and professional level as a council member, how changes to the Municipal Elections Act will affect this year’s election and what your responsibilities are under the Municipal Elections Act.

Mark your calendar for April 18 in Oakville. The City of Burlington is co-hosting an information session for residents who are interested in running in the 2018 Municipal Election. “So you want to run for Council?” takes place at Oakville Town Hall from 6 to 8 p.m. on Wednesday, April 18. The free session will be led by municipal lawyer Fred Dean.

File your nomination papers between May 1 and July 27. You must be 18 years or older, a Canadian citizen and live in Burlington, own land here or be the spouse of someone who does. More information and candidate criteria are available at the Ministry of Municipal Affairs and Housing’s website.

That previous paragraph is highlighted because it isn’t as clear as it should be. Read as it is – it implies that if you are single and live in an apartment you cannot be a candidate.

With the word or placed before the word own it would be clearer.

The AMO web site sets out who can run very clearly.

  • 18 years of age or older 
  • a Canadian citizen; and 
  • either a resident of the municipality or a property owner or tenant or the spouse or same sex partner of an owner or tenant in the municipality during a specified time just before the election.  

The Gazette reached out to the City Clerk for clarification – she didn’t reach back.

Jack Dennison, who is part of the geography in ward 4 has a practice of filing his nomination papers very late in the game – keeping anyone who wants to challenge him at bay for a period of time.  In order to defeat Dennison a candidate should be organized by now and ready to hit the road running.

City Clerk will oversee the municipal election and sign the document that makes the winners official.

City Clerk Angela Morgan will oversee the municipal election and sign the document that makes the winners official.

Angela Morgan, City Clerk did say that “An election is the ultimate opportunity for residents to engage with local government. I am encouraged by the enthusiasm we see in those who host information sessions or provide information on the web. We also want to ensure that voters and potential candidates get the critical information they need, and that those who wish to run for City Council have a positive experience.”

One Gazette reader said: “It is one thing for an organization like ECoB to be promoting new candidates to run for office, But the City?  Could make residents think that the city feels that new faces are needed on Council.

Information links:

City of Burlington Election 2018 web page

AMO – Association of Municipalities in Ontario web site

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Kickass Canadian is featured speaker at a Conservation Authority Workshop on March

eventsgreen 100x100By Staff

February 16, 2018

BURLINGTON, ON

 

Sharing Experiences is a biennial one day capacity-building workshop for individuals and community groups interested in creating positive environmental change.

This year’s workshop will be held on Saturday, March 3, 2018, from 8:30 a.m. to 3:45 p.m. at the Puslinch Community Centre at 23 Brock Road South, Puslinch ON N0B 2J0.

The goal of the workshop is to link like-minded people and groups to facilitate the sharing of ideas and experiences so that participants can build skills, network and share ideas about environmental projects in their respective communities. The workshop includes presentations, panel discussions and small breakout sessions delivered and facilitated by knowledgeable and experienced members of the environmental community.

Raffin - C3 ice breaker

Canada C3’s epic journey sailed from Toronto to Victoria via the Northwest Passage to inspire a deeper understanding of our land, our peoples and our country. Learn about the people we met, the places we visited and the conversations that took place across reconciliation, the environment, youth engagement, and diversity and inclusion at CanadaC3.ca

This year’s workshop features Keynote Speaker James Raffan, his talk is titled Our Home on Native Land. In 2017, James Raffan was involved in four epic sesquicentennial journeys that included paddling the Rideau Canal from Kingston to Ottawa, a circumnavigation of Canada from Toronto to Victoria via the Northwest Passage, a ship-based youth expedition from Resolute Nunavut to Kangerlussuaq, Greenland and a quick trip to the North Pole from Murmansk, Russia aboard the world’s most powerful nuclear icebreaker.

Raffan - students on ice

Raffan is involved in a student scholarship program that makes it possible for emerging environmentalists to tour the far North.

With wonderful people in faraway places, he pondered climate change, canoes, youth engagement, the national anthem, diversity and inclusion, tolerance, reconciliation and home. Join one of Canada’s great storytellers for thought-provoking reflection on Canada 150 and beyond.

There is a fee of $15 for the workshop which includes lunch and breakfast. You can find the link to register on the Sharing Experiences workshop page – www.conservationhalton.ca/sharing-experiences-2018.

The organizing team is comprised of Conservation Halton, Credit Valley Conservation, Friends of Mill Creek, Grand River Conservation Authority, Green Venture, Halton Environmental Network, Hamilton Conservation Authority, and the Iroquoia Bruce Trail Club.

This event is sponsored by Conservation Halton Foundation and Little Mushroom Catering.

Version 2

Dr. James Raffan – a Kickass Canadian with a passion for the North.

Dr. James Raffan is a writer, geographer and Kickass Canadian (kickasscanadians.ca/james-raffan/) with a passion for the North. He is a Fellow of the Explorers Club, Past Chair of the Arctic Institute of North America as well as a Fellow and Past Governor of the Royal Canadian Geographical Society, earning the Queen’s Golden and Diamond Jubilee medals, the RCGS Camsell Medal, and, most recently, Canada’s Meritorious Service Medal from Governor General Julie Payette

 

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Is the Freeman station collection of volunteers one of Burlington's BEST?

News 100 yellowBy Staff

February 15th, 2018

BURLINGTON, ON

 

Is anyone going to nominate the people refurbishing (rebuilding is probably a better word) the Freeman Station as one of Burlington’s BEST.

The Freeman station got moved around a number of times while the city figured out what it wanted to do with the thing. When city council failed to come up with a solution citizens led by Councillors Meed Ward and Lancaster more here.

The Freeman station got moved around a number of times while the city figured out what it wanted to do with the thing. When city council failed to come up with a solution citizens helped by Councillors Meed Ward and Lancaster.

The struggle to save the structure was huge – no one wanted the thing, a city planner said it was falling apart and the city couldn’t sell it for fire wood.

Here is an outline of what they achieved during 2017.  The detail comes from the Friends of Freeman station.

2017 – Canada’s sesquicentennial – began full of hope at the Freeman Station. The right to display the Canada 150 logo was given to Friends of Freeman Station: Arian Cuvin unfurled it for us at the Station.

The scope of the restoration work can be seen - lots of work to be done. willing hands ready to do it. Give the Friends of Freeman a call - they will keep you busy for the next while.

Some of the Whinstones can be seen in the foreground – the station rested on blocks for years – a group of citizens saved the building when council proved they couldn’t make anything happen.

Construction continued using the original Whinstones being cemented into place. These are the original granite blocks that were salvaged from the original station and have been stored since 2005 when it was moved from the original site. The mortar is thick and white – the same as it looks in the old photos of the station from 1910.

Inside the Station we were able to acquire the original GTR Locomotive license issued to Mr. Barber Freeman on October 1 1907. His great nephew drove in to see the certificate where it remains at the station.

In February the Friends of Freeman Station participated at the Heritage Fair at the Central Library.

Freeman - tool rack

Tool rack set up for the volunteers who put in hundreds of hours of work.

In April – the weather was good and construction continued inside and outside the Station. The baggage room was completed.

Halton Region Services designed and installed several interpretive panels inside the Station.

Finally on July 1 we opened our doors in celebration of Canada Day. Our temporary platform was built and festooned with red and white bunting. A bagpiper played as our guests including the Mayor, our MPP and MP as well and sponsors and volunteer representatives cut the ribbon. The dignitaries said they set a record for number of official duties done in one day that day.

Over 800 people came by, the public response was very favourable.

Work continued as a small office was built on the east side wall. Further wall paneling installed.

Freeman Chry full

This is a vehicle that could run on the rails – it was donated to the Freeman station.

We also gathered several artifacts including an original 300 lb bronze bell from a 1917 GTR Locomotive. A CN speeder – small two-seater work-cab that ran on rails in the 1960’s and STILL works fine. We finished two 4 wheel rail carts in fire engine red.

Then on Sept 30 we opened our doors to our 2nd open house of the year Doors Open Burlington. On this day we welcomed 1,000 visitors. Burlington’s own Top Hat Marching Band provided live entertainment for us.

Then in the fall we set up a mock-up of our diorama – a 1/24 scale model of Burlington in the 1920’s that we will feature in our basement. Many people came by are we are very thrilled to see that project completed.

Freeman - cement being poured

Putting the cement foundation on place once the station had been moved.

In the late fall we FINALLY got our basement poured. Four inches of concrete spread over 60 tons of crushed stone and gravel. Then smoothed and sealed but not before running the fresh water and sanitary pipes and connecting to the mains. We now have electricity, gas and water at the station.

That addresses the basement – but we can’t forget the attic where insulation was literally stuffed to the rafters for the first time in this 100+ year old building.

We also participated in the Remembrance day ceremony by laying a wreath at the cenotaph and a month later made it into the Burlington Santa Claus parade for the third year in a row.

Are we finished?

No not quite yet. Washrooms and HVAC are slated to be installed in early 2018 but more importantly another distinctive characteristic feature of the station will be installed in early January.

The first thing people will see upon entering will be our magnificent hard wood flooring – and you can walk on it. Oak and hard maple locally grown in Burlington that has been planed and sanded into boards then carefully laid in place by hand.

Freeman-five-1024x906

Some of the early members of the Freeman Station initiative listening to city council debate what would happen to the structure. The city couldn’t come up with a solution – the citizens came to the rescue and as a result of some very hard work the building was saved.

The team of about twenty workers – all volunteers – men and women and some youth lending their time and skills amounting to about 7,000 labour hours in total.

Is there any other community group that can top that record?

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Why did the city fail to process the original 2015 application for the Nautique development: two views.

background 100By Pepper Parr

February 15th, 2018

BURLINGTON, ON

 

The Ontario Municipal Board decision to allow the ADI Development at Lakeshore and Martha isn’t the only thing going on in the city.

nautique-elevation-from-city-july-2016

It will have a transit stop in front of it.

Having said that, Gazette readers are proving to be quite vigilant on this issue; one brought to our attention a piece we published in 2015 when the city was doing its best to recover from the failure to respond to the ADI application within the required 180 days.

Neither the current City manager or the current planner or the current Deputy city manager can be blamed for that mess.

Tom Muir, who has been described as an “acerbic” city hall critic asked Meed Ward what happened. The dialogue between the two of them is instructive.

It points to some of the reasons why this development and the opposition to it went off the tracks before the train got out of the station.

Link to that article:

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Can the ADI development on Martha be appealed - yes but the basis of an appeal is very very limited.

SwP thumbnail graphicBy Pepper Parr

February 15th, 2018

BURLINGTON, ON

 

Those unhappy with the Ontario Municipal Board decision will look for ways to appeal the decision.
OMB decisions can and have been appealed but only on an error on a question of law.

nautique-elevation-from-city-july-2016An appeal cannot be made on a matter of evidence that was presented. If the hearing officer, in this case Susan de Avellar Schiller, made a reference to or relied on some law and was wrong – that can be appealed.

The process for this is a motion to the Divisional Court for an order of the Court allowing the appeal to proceed.

In certain rare circumstances, you may be able to seek Judicial Review in the Divisional Court.

People usually hire a lawyer to appeal to a court or to ask for a Judicial Review because of the complicated procedures and issues.

The starting point for a Judicial Review is a call to the Registrar of the Court for more information about court processes and procedures.

If the Mayor’s blog and the media release from the city are any indication, the city is going to gulp, swallow the decision and move on. The spin, so far, has been that the OMB decision is all the more reason to press on with approving the draft Official Plan.

There is a Statutory meeting at which residents can have their say on the draft Official Plan:

Tuesday, Feb. 27, 2018
1 p.m. and 6:30 p.m.
City Hall, Council Chambers, level 2
426 Brant Street

That draft might want some additional modification based on the OMB decision. Taking their lumps for the failures in the city’s case – and that is what they were, the city now needs to take the time to fully assess what the decision says and figure out how to live with it and work with it going forward.

This isn’t the time for hasty decisions.  It is the time to fess up and apologize for mistakes.

Ward 2 Councillor Marianne Meed Ward has set out her position on the decision, the Mayor has thanked staff for all their fine work.  The Gazette reached out to Mayoralty candidate Mike Wallace for a comment, they have said they will get back to us – nothing yet.

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Babysitter charged with Sexual Assault, Sexual Interference and Invitation to Sexual Touching offences that took place between 1996 – 1998,

Crime 100By Staff

February 14th, 2018

BURLINGTON, ON

 

HRPS crestAn investigation conducted by the Halton Regional Police Service – Child Abuse and Sexual Assault Unit (C.A.S.A.), resulted in the arrest Frances Maureen McNeil (55 years), of St. Catharines on February 13th, 2018 and charged with: Sexual Assault, Sexual Interference and Invitation to Sexual Touching

McNeil was a babysitter in her home in the City of Burlington between 1996 – 1998, and was known to babysit children within her neighbourhood.

At the time of the offences, the female was known by the name Maureen Crawley

The accused was held for a bail hearing.

Anyone who may have any additional information pertaining to this investigation is asked to contact D/Cst. Matt Cunnington of the Halton Regional Police Service Child Abuse and Sexual Assault Unit at 905-465-8978.
Tips can also be submitted to Crime Stoppers “See Something? Hear Something? Know Something?” Contact “Crime Stoppers” at 1-800-222-8477 (TIPS) or through the web at www.haltoncrimestoppers.ca

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Burlington’s Mayor and City Staff disappointment over the OMB decision to allow a 26 storey building on Martha St. seems like just so many crocodile tears.

By Jim Younopinionandcommentg

February 14th, 2018

BURLINGTON, ON

 

crocodile-tears-Forgive my cynicism but the disappointment expressed by Burlington’s Mayor and City Staff over the OMB decision to allow a 26 storey building on Martha St. seems like just so many crocodile tears. This from a city who already amended their own zoning bylaws to approve 24 storeys a few hundred metres away at 421 Brant St.

The ADI appeal, while complex, was not based on a good building /bad building argument but was based on a “No Decision Appeal” to the OMB which is allowed when City Councils fail to come to a decision on a developer’s building or zoning application.

nautique-elevation-from-city-july-2016Essentially The City of Burlington failed to consider the ADI application within a reasonable time so ADI took their case to the OMB and won. The questions our city, which seems hell bent on intensifying its downtown core at all costs, must now answer are:

Why was there “no decision” by council on the original ADI application, thereby forcing the appeal?

Was this an oversight, in which case shame on them?

Was this a deliberate tactic so that council gets a 26 storey building in line with the other 23 & 24 storey buildings on Brant St. and the 20-25 Waterfront Hotel Development on Lakeshore while hiding behind the developers and the OMB? In which case who are they to be trusted with the New Official Plan which they now tout as a saviour from developers.

The New Official Plan is just as open to amendments and appeals by developers and planners as the old plan and in fact by removing Brant St. from the Official Downtown Core in the New OP, and designating it a “Special Development Precinct” they may in fact leave it open to ever more amendment and modification resulting in more hi-rises.

When the city had the opportunities to control development in the downtown they either failed to decide, leaving the decision to the OMB or voted to amend their own plans allowing ever taller buildings. Their hand wringing and expressions of disappointment sound very hollow to the people of Burlington this morning.

Jim YoungJim Young, is a founding member of ECoB, the Engaged Citizens of Burlington

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The magnitude of the changes in a six block area in the downtown core are quite stunning.

News 100 blueBy Staff

February 14th, 2018

BURLINGTON, ON

 

For those concerned about what is happening to their city and what the downtown core is going to look like the following numbers are pretty brutal.

22 – 23 – 24 – 26

The Bridgewater condominium will top out at 22 storeys.

The 421 Brant project has been approved for 23 storeys

The 409 Brant project (where Elizabeth Interiors used to operate) is asking for 24 storeys

The ADI Development Nautique has just has its 26 story project approved by the Ontario Municipal Board.

Joe Gaetan, a downtown resident who delegated against more height said: “the city is a goner”

In a prepared statement Meed Ward said:

“The OMB decision to approve the 26-storey ADI proposal at Martha/Lakeshore is devastating for the downtown. This will be the new precedent height.

“The decision referred to the Bridgewater at 22 storeys (and other tall buildings in the area); it also referred to the fact that the city had “received” other 23 storey applications (how is that relevant is anyone’s guess; these were only “applications” with no approval at the time of the OMB hearing).

“I am not confident that by rushing adoption of the proposed new Official Plan we will gain more control over planning; the proposed plan calls for 17 storeys for this site. The OMB approval is nine storeys higher. The Brant and James corners (north and south) are both 17 storeys in the proposed new Official Plan, but council approved 23 storeys on the north side and we just got an application for 24 storeys on the south side.

“Developers can, and will, continue to ask for more than what is permitted in the existing or proposed plan.

“The decision also referred to the downtown as an Urban Growth Centre and transit hub, thus the development needed to meet certain densities appropriate for those designations.

“Until we remove those two designations from the downtown (Urban Growth Centre, Mobility Hub), we will not wrestle control of planning back into the hands of staff, council and the community. (Credit goes to Gary Scobie for suggesting these designations be removed, which is what led to my motion.)

“My motion Jan 24 to move the Urban Growth Centre from the downtown to the existing Burlington GO Station Mobility Hub (as Oakville has done to protect their downtown), and to eliminate the downtown as a Mobility Hub, failed 6-1.

“In light of this OMB decision, we have to reconsider this vote. I will bring a reconsideration motion to the next Official Plan statutory public meeting (starts Feb. 27, 1pm and 6:30, extending to Feb. 28 if another day is needed)

“What can residents do? Use your democratic tools:

“There is a provincial election coming up June 7. Ask all candidates who are running if they will work with the city to remove the Urban Growth Centre and Mobility Hub designations from the downtown.

“There is a municipal election Oct. 22. Ask all candidates who are running if they will work with the region to remove the Urban Growth Centre and Mobility Hub designations from the downtown. There is still time: our new plan isn’t in effect until the Region approves it, which won’t happen until the Region begins its review of its own plan in 2019.”

In its media release the city in part said:

In its decision, … the OMB states that the city’s current land-use policy for the site does not reflect Provincial Policy.

As the OMB noted in its ruling, “the evidence suggests to the Board that the current designation is no longer appropriate for the site and a proposal that is taller and more transit-supportive is both preferable and better implements the transit-oriented and intensification policies of the province.

The OMB further notes that “While the provincial policy regime emphasizes the importance of a municipality’s official plan, there is no suggestion in the provincial policy regime that a municipality’s official plan may undercut provincial policy.”

Mary Lou Tanner, the Deputy City Manager, comments: “In light of the OMB’s ruling, it is even more important that the city move forward with the adoption of the new Official Plan. As this ruling shows, our current OP is a liability; it is out of date and is open to challenge. The area-specific plan for downtown Burlington will strengthen the city’s position on development in the downtown by replacing outdated polices with a plan that better reflects provincial policy, while also protecting the character of the city.

 

Downtown 4 projects

The black diamond shapes show where the four developments are going to be located.

Rendering with Bake Shop

409 Brant – south of James Street. Application is for 24 storeys.

nautique-elevation-from-city-july-2016

Nautique – Lakeshore at Martha – OMB approved for 26 storeys.

421 Brant

421 Brant, north side if James – city council approved for 23 storeys.

The Delta Hotel will give the city some first class convention space that could radically change the way the city is seen by the small corporate convention community. Add the Performing Arts Centre to the portfolio and the city has a good offering. Now to put a team in place that could work with the Delta Hotel organization.. We don't have that in place today.

Bridgewater development – under construction at Lakeshore and Elizabeth – 22 storey condominium

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A very different real estate market at the end of this January than there was last January. Pricing now has to be very sharp.

News 100 blueBy Staff

February 14th, 2018

BURLINGTON, ON

 

January seems to have been the month of reckoning in Burlington.

When comparing January 2017 to 2018, sale prices are down over 11%, sales are down 14% and it is taking an average of 41 days to sell a property.

This may seem like bad news but we see it more as a shakeout. Just over 60 of the properties sold in January had been on the market for 50-150 days.

1343 Tansley Drive

1343 Tansley Drive listed at $979,000

During the month of January, 133 listings either expired or were cancelled. We still had just under 75 properties that have been on the market for over 50 days and of those, 25 over 100 days. As these listings sell, the days on market number tends to be skewed upwards. We expect these older listings that are for the most part over-priced, to either reduce or sell, cancel or expire.

More significant and the reason for our optimism is the fact that of the 156 freehold properties that were listed in January, 40% of those listings sold in the same month and for an average of 99.48% of the asking price.

This suggests to us two things – if a property is priced sharply, it will sell in very short order. If a property is priced on the high side of an evaluation, it will take a while to sell and the price may need tweaking. Properties that sold in under 50 days sold for an average of 97.93% while the properties that had been on the market for over 50 days sold for an average of 96.22% of asking price.

One thing is for sure, pricing properties today is a very tricky business.

The data and the analysis is provided by the Rocca Sisters, a Burlington based real estate brokerage.

Rocca Feb 13-18

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ADI Development wins their case at the OMB.

News 100 redBy Staff

February 13, 2018

BURLINGTON, ON

 

nautique-elevation-from-city-july-2016

Nautique, the ADI Development project has been approved by the Ontario Municipal Board.

The ADI Group has won their argument before the Ontario Municipal Board to build a 26 storey structure at the corner of Martha and Lakeshore Road.

Details to follow.

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Ward 2 resident Michael Jones announces he will run for the ward seat on city council.

Newsflash 100By Pepper Parr

February 13th, 2018

BURLINGTON, ON

 

Well – here is a flash of election news.

The Gazette got a note from Michael Jones, a ward 2 resident who delegated at city hall several weeks ago voicing his opposition to much of the draft Official Plan and pushing for a deferral of the vote until after the October municipal election.

Little did we know that as he stood there at the podium a few weeks ago, he was mulling over whether or not he should run for office.

His note to us this morning:

city hall with flag poles

Another fresh young face decides to run for council – hoping for an office in city hall.

“If Marianne doesn’t run , I’m running for Council. If she does, I am considering Ward 6 where I grew up. Ironically I may get more votes up there.

“I’m not sure if she (Meed Ward) is running, not sure why she is laying in the weeds.”

Another fresh young face.

Leah Reynolds the Wards 1 and 2 school board trustee has been seen as the Marianne Meed Ward favourite and was being groomed to grow into the council seat when Meed Ward announced she was going to run for Mayor.  The two of them attended the Mayor’s State of the City address together.

Lisa Kearns, one of the ECoB team is seen as a possible candidate for the seat.

The development community might look for a candidate that would represent their interests.

It will be difficult to find someone from the development community who would be comfortable on a council with Meed Ward as Mayor.  Mike Wallace would be a different matter.

 

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Workshop for those interested in being involved in an election campaign or being a candidate for public office to take place at Tansley Woods on February 22nd.

eventsblue 100x100By Pepper Parr

February 13th, 2018

BURLINGTON, ON

 

It is do or die time for ECoB.

They are holding a Workshop for anyone who wants to know more about how to get involved in a municipal election or how to run become a candidate.

ECOB logoECoB, the Engaged Citizens of Burlington, is small in size but are punching well above their weight. They will be appearing on Cogeco TV’s The Issue this week and on the 22nd holding the workshop at the Tansley community Centre.

We are about to see how many people are prepared to put themselves forward as candidates in their ward.

This is when the rubber hits the road. We hear of people who plan to run but have yet to make an announcement; we know of people who have made up business cards that describe them as community advocates, we learn of others that say they have a team in place and will announce at a future date,

ECoB workshop posterWe also report on people who have said they will not be running this time – but perhaps in the future.

If there is an event that is going to attract anyone interested in being involved in a campaign – the Workshop is probably that event.

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City holds additional casual public meetings on the Grow Bold concept that is driving the creation of a new Official Plan.

News 100 redBy Pepper Parr

February 13th, 2018

BURLINGTON, ON

 

It was a respectable turn out

The high point had about 35 people in the room along with five staff members from the Planning Department.
Large maps were set up on easels along with copies of the latest versions of the draft of the new Official Plan in 3 inch binders.

Rendering with Bake Shop

Rendering of a 24 storey structure a developer wants to build across the street from the 23 storey tower already approved by the city.

The interest in the Official Plan has been highest in the downtown core where the city is going to see a 23 storey tower rise opposite city hall. For those who live downtown the idea of seeing something so big so close is, to some, frightening.

That there is a 22 story tower under construction a five minute walk from city hall doesn’t seem to be as bothersome.

The city has planned Town Hall type meetings where people can meet informally with Planning department staff to ask questions and seek clarification.

Andrea Smith

Andrea Smith, the planner doing much of the heavy lifting getting the new Official Plan written and revised and ready to go before city council on April 4th for approval.

Andrea Smith, the planner who has been doing much of the actual writing of the new Official Plan, was the lead person in the room.

Councillors Paul Sharman and Jack Dennison were on hand; Sharman was briefing Mark Carr, host of Cogeco TV’s The Issue, on what the mobility hubs were all about. Not sure Carr was getting the most balanced explanation.

The meeting was held in the Haber Recreation Centre, the most vibrant place in the city where hundreds of kids are on the gym floor practicing basketball or volleyball.

Lancaster as Dep Mayor Sept 28-15

Councillor Blair Lancaster once sat in for the Mayor during a Council meeting.

Missing in action was the ward Councillor Blair Lancaster.

Mark Bales, lead talker for Carriage Gate, the corporation that has city council approval to build that 23 story tower opposite city hall, was working the room and making sure that the message was being delivered.

ECoB, the Engaged Citizens of Burlington, are waiting in the wings to file an appeal to the Ontario Municipal Board arguing that the development doesn’t comply with the Official Plan that the city is working from.

When ECoB met with the Mary Lou Tanner, Deputy City Manager last week they asked if an additional public session could be held during the day time that would allow seniors to get out and take part. Ward 2 Councillor Meed Ward supported that idea – there will be a meeting at the city hall on the 15th from 1:00 pm to 3:00 pm.

The casual – opportunity to ask questions meetings – are being followed by a Statutory meeting required by the provincial Planning Act; an occasion when anyone can delegate and give a ten minute view point on what they like and don’t like about the proposed Official Plan.

Expect this to be another boisterous meeting during which those opposed to the plan press city council to defer the plan until after the October municipal election.

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Civil, civic conversations. If you can’t do that – don’t waste your time writing.

News 100 redBy Pepper Parr

February 13th, 2018

BURLINGTON, ON

 

It was the call for a Task Force on Bullying and Harassment that got us started on this. Then the note from    James Schofield that led to our asking: “Are we part of the problem – we thought we were part of the solution.”

The Gazette opened up a comments section on the newspaper and the response was robust.  But we began to notice that people were disrespecting one another and we began to tighten up the rules on what was acceptable.

We then began to look at the comments section of the Gazette and decided that we needed to tighten up on what we were permitting.

censored

Removing content that is disrespectful is not censorship.

We learned that this isn’t going to be a simple process.

We edited a comment from a reader taking out disrespectful language – here is what came back

“I’m out” said Michael Drake. He added: “I appreciate the Gazette trying to cover these issues but can’t abide censorship of any kind. Time to go yell at some clouds.

“Good luck everyone (that includes you too James).”

The comment that we edited removed the name calling. We wanted the comments section to be a place where civil, civic conversations could take place. So Michael will no longer be with us because he feels respect for those we share this planet with is akin to censorship.

James Schofield put it very well when he said in the article that “I think the recognition that commenting on your site is a privilege, not a right, and certainly not a “free speech” right, is also important.”

Civil, civic conversations. If you can’t do that – don’t waste your time writing.

Related content:

Lancaster calls for a Task Force

Whose interests are being served

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This scam uses a trusted brand to begin the process of stealing your identity and then your money.

Crime 100By Staff

February 13th, 2018

BURLINGTON, ON

 

There are brands that we place huge amounts of trust in.

Interac croppedWhen we see their corporate logo we assume it is a safe place and that the service they provide is rock solid.

Thus it came as a bit of a shock to note that the scam artists were using one of those trusted brands to mislead people and begin the process of stealing their identity and then their money.

Interac scam

The gullible and the greedy might think some luck has come their way. The telephone company is not going to send you money – there is someone behind this kind of email notice who wants to take advantage of you.

The telephone company is not going to be sending you a refund that you had never heard of before.

The internet has made it possible for all kinds of knowledge and ideas to be shared. We can communicate in a way we were never able to communicate before.

The wonderful technology also allows thieves to take advantage of people.
Beware, be cautious, be vigilant.

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The last farm house in what was once Appleby Village was rich in history and the city's farming past.

News 100 blueBy Staff

February 12th, 2018

BURLINGTON, ON

 

When we published the story on the Taylor farm and the house on the property at Appleby Line at Mainway we didn’t have access to much in the way of pictures.

A Gazette reader with a keen interest in heritage had taken some snapshots and made them available to us.

Site with address and backhoe

Backhoe sitting on the plot of land where what became known as the Taylor house existed. Not only was the structure the last farmhouse in what was once called Appleby Village it was demolished without a permit.

Historical picture

Burlington once had many houses like this – they were the homes of farmers who worked the land that is now covered by six lane expressways and factories. Prize Short Horn cattle and proud Clydesdale horses were in the field and milk sold for 10 cents a gallon and one cow earned the farmer $5.34

“We all understand that we need to progress and modernize” said our reader, “ As long as it is done with collaborative stewardship.” Nothing collaborative about the sound of a backhoe tearing away at the walls of a house that is the last piece of what was once a small village.

This is one of the last remnants of the Village of Appleby, which was almost entirely demolished in the 1950s to make way for service roads for the expanded QEW. The house is set back from the road, with a well kept lawn and rows of trees on either side of the house. The landscaping is traditional.

It was built in 1896 for Charles Fothergill; there is a date stone and name found engraved in the chimney.
In 1877 the property was owned by John Fothergill.

rubble

Somewhere in that rubble there is a stone with the date the house was built and who it was built for – the people who arranged for the demolition chose not to collaborate with the city to salvage some of our history – no wonder we know so little about ourselves.

According to Memories of Pioneer Days, pp. 171-172, John Fothergill was the only son (of ten children) of Christopher and Frances Fothergill, who immigrated from Applbey, Westmoreland, England to settle on this new world Appleby Line in the early 1830s.

John married Charlotte Tuck and in 1878 purchased the Balsam Lodge farm from Arnanda Baxter.

In 1889 Charles, their eldest son, married Amelia Cole and took over this part of the Fothergill farm property on the east side of Appleby Line. His younger brother Christopher went to the Yukon and is mentioned in Laura Berton’s book, I Married the Klondike…

The third son, Thomas, married Lucy Matthewman of Appleby and farmed the Fothergill property on the west side of Appleby Line.

Burlington crest - with city reference

The city crest pays homage to a proud past.

According to an article by Alana Perkins in the 24 May 1997 issue of the Spectator, their house was the Lucas Farmhouse which was dismantled, moved, and rebuilt at the (former) Ontario Agricultural Museum at Milton.
According to Murray Fisher’s ‘Farewell to the Garden of Canada’ (1984), this farm was owned by H. Featherstone, Mixed farming, sold to J. Taylor, Mixed Farming.

Ruth and Jack Taylor were the last people to live in the house.

The property is identified as “employment land” and given its location that is likely what it will remain as.

One wonders if that stone with the date and name were recovered during the demolition.

There are rules against tearing down a building without a permit. The fine is reported to be $2000 an d it is the city that will have to take any action that is going to be taken.

Expect the city manager to be tough on this one.

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Helping youth and young adults transition into a changing workplace - Burlington Foundation event.

eventsorange 100x100By Staff

February 12th, 2018

BURLINGTON, ON

 

Automation. The gig economy. Skyrocketing debt. Limitless social connectivity. These are just some of the challenging realities Canadian youth, parents, employers, educators and government face as we help youth and young adults transition into a changing workplace.

Burl Foundation eventThursday, March 8, 2018, 7:00 – 8:30 pm at the Burlington Performing Arts Centre

Join Burlington Foundation, in partnership with RBC, for a night of timely conversation featuring renowned McMaster educator, author and Top 30 global management guru, Dr. Nick Bontis.

Nick Bontis is chair of the United Way Campaign for Burlington and Greater Hamilton. He teaches at McMaster where his mile a minute delivery dazzles his students. Bontis dazzled an Economic Development luncheon earlier this year.

Nick Bontis  teaches at McMaster where his mile a minute delivery dazzles his students.

Following his high-energy presentation, Nick will moderate a lively panel discussion with business, government, education and young adults. This vital talk will shine the light on opportunities, obstacles, collaborations and actions we have before us now, and in the future as we help young Canadians achieve personal and professional success. For when young Canadians prosper, business and community do.

Panel members include:
Eleanor McMahon; MPP Burlington, President of the Treasury Board, Minister Responsible for Digital Government
John Romano; Co-founder, Nickel Brook Brewery Co.
David Santi; Dean, Engineering Technology, Mohawk College
Roman Turchyn; Vice President, Human Resources, L3 WESCAM
Erinn Weatherbie; Co-creator of Kelly’s Bake Shoppe & Best-selling Cookbook “Made With Love”
Charlotte Zhen; Analyst, Deloitte Canada, Young Professional

Burl Foundation Talk sponsorsThis is a FREE event open to all, with voluntary non-perishable food donations being collected in support of Burlington Food Bank.

Register here.

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Kathleen White has decided this is not the time for her to run for office.

News 100 redBy Staff

February 12, 2018

BURLINGTON, ON

 

Ward 6 isn’t going to have an admirable candidate to contest the council seat in the October municipal election.

Kathleen White

Kathleen White,Chair of the Heritage Advisory committee has decided this is not the time for her to run for public office.

Kathleen White said she has “a lot on my plate personally and as such will not be in a position to run for Council this fall.

“It has always been an interest of mine to run for City Councillor but more importantly to serve my community.

“I would hope in the years ahead, I will be in a position to do so.

In the meantime, I will carry on, through Heritage Burlington and perhaps other volunteer opportunities, to continue to have an influence on decisions and opportunities that would affect and strengthen our community.

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