 By Staff
May 18, 2014
BURLINGTON, ON.
Reminders of the severity of that December ice storm are laid out along many of the rural roads in Burlington. The last chance to get rid of most of that brush brought about by the December ice storm will be between May 20th and May 30th.
The Region is currently providing bulk brush collection in the designated urban yard waste service areas and using all the resources they have to collect over sized bulk brush material.
Halton Region is providing a one-time extension of the special bulk brush collection program. Bulk brush will be collected one time for each household during the following date:
Burlington Area 8 – May 20 to May 30
Halton residents and contractors can continue to drop off yard waste and bulk brush until June 30, 2014, free of charge at the Halton Waste Management Site.
Bulk brush must be placed in one pile no larger than 6 m long by 1.8 m wide x 1.2 m high (20 ft. long by 6 ft. wide by 4 ft. high), with branches a maximum of 1.8 m (6 ft.) in length and 7.5 cm (3 inches) in diameter for the safety of the collection crews and to prevent damage to the collection trucks.
Bulk brush larger than the specified dimensions will not be collected.
 By Pepper Parr and Mark Gillies
May 18, 2014
BURLINGTON, ON. With winter finally gone – still a bit of a chill in the air at times and pools won’t be all that warm for a bit – the Friends of Freeman Station can now get active and get the foundation for the building in place and then begin the real renovation work.
Mark Gillies, Fundraising and Membership Chairman, Friends of Freeman Station put together a really good collection of photographs that set out the role the railway station played in the economic growth of Burlington.
 Hand drawn map of the Village of Freeman. At our core we were a farming community blessed with some of the most fertile land in the country. We grew fruit and shipped it around the world. Burlington was at times described as the melon capital of the world. I once thought that perhaps Pepper Drive was named because they knew I was moving to the city – nope – it was once the locale of a very large pepper farm.
 Farmers with their wagons wait patiently to load their produce at the Freeman Station. It was known as the “fruit train” with its refrigerated cars. Burlington was a short stop – reported to be just 20 minutes and the farmers loaded their own produce.
 Baskets to hold the fruit grown in Burlington was manufactured in town.  Farmers loaded their produce onto the freight cars. Farmers have to do the loading themselves. They need to work quickly. These market gardeners had been working long before dawn, picking the crops and packing them into their baskets and crates. The train usually left twenty minutes after arriving, heading to Toronto with produce from “The Garden of Canada”.
 Biggs “evaporated” fruit. Post cards were the rage in the early 1900’s. Everyone had a post card made up and sold them for pennies. The Grand Trunk Railway produced their own line of postcards that showed life in Canada in the early 1900’s; a clever marketing technique to help encourage people in Europe to settle in Canada.
This postcard shows the “double track” line that the Grand Trunk Railway had at the time, and railway management took every opportunity to boast about it. The “double track” stretched 824 miles from Montreal to Chicago, and this postcard shows the train travelling through “The Garden of Canada”. Burlington was a huge part of that garden.
These which were sent back to Europe where they are believed to have played a part in enticing new settlers to Canada.
The Village of Freeman had an identity of its own. It had its own post office and was the place the market gardeners arrived at with their produce, loaded it onto the box cars and headed back to their farms. Downtown Brant as we know it was where the cannery was located.
 Robert Gray ran the toll gate that led to the train station platform. Funds collected were used to repair and maintain what is now Plains Road. His home on Plains Road backed on to the tracks. Market garden farmers had to pay Gray a toll to get their wagons with the crops to the Freeman station, and then pay him again when they left the station, so they could return home. This was how money was raised at the time to ensure the road (now Plains Road) was well-maintained. Robert Gray was Mark Gillies’ great uncle.
In 1906 the Dominion Canning Company produced various tomato products and was located at the foot of Brant Street, basically where the Waterfront Hotel is today. The smell of tomatoes cooking, permeated the air of the waterfront.
 Dominion Canning at the foot of Brant Street. $14 million and 100 years later and we have a pier on the same site. Today, Burlington, in fact the whole Region of Halton, doesn’t have very much in the way of a market garden economy. Some soybeans are grown, there are pick them yourself strawberry farms and a lot of hay is grown. The Region has an Agriculture committee and there are a few companies that package produce – but the trains don’t go through town anymore and a horse and wagon hasn’t been since on Mapleview since George Kerr was the Minister of something at Queen’s Park.
 The city had its own brand for produce. Ward 3 Councillor John Taylor want to see a bigger market somewhere south of Caroline; if he had his way he would shut Brant Street completely and make it totally pedestrian friendly.
Have you ever considered what it would be like for 100 per cent of your diet to come from local producers? That’s what J. B. MacKinnon and Alisa Smith decided to do — for an entire year. The couple devoted themselves to 12 months of eating only foods that came from within a 100-mile radius of their Vancouver apartment; an experiment in local eating that became a media phenomenon culminating in their book The 100-Mile Diet: A Year of Local Eating.
Is there a lesson here for Burlington? We were once nothing but an agricultural community; we grew some of the best produce in the world and shipped it around the world.
 Now much of what we eat gets trucked in from California or Mexico – all kinds of foods being flown around the world that don’t need to be — for instance, apples coming from New Zealand, or potatoes from somewhere far away in the States, when all those things can grow easily in most places in Canada — particularly potatoes, or some other more humble vegetables.
 A double track was a big deal in the early 1900’s from farm to wagon to train to ships – Burlington produce was moved around the world. The 100 mile diet raised the question of food miles — how far food travels from farm to plate is a starting point for many people. Burlington is currently in the process of studying the creation of a culturally protected part of the rural community – would this allow the growth of a market economy. Unbeknownst to many is the existence of a pear tree far on the north side of Dundas that has been in existence for more than 100 years.
The saving of Freeman station from a wrecking ball may have more than one lesson for us. It could point us to our past and teach us that the food we eat can come from all that land north of Dundas Road
The collection of pictures, which we have poached for the 20,000m people who consistently read the Gazette came from The Burlington Historical Society, The Joseph Brant Museum, the Ivan Cleaver Collection, George Kush, Dorothy Turcotte, and the late Jane Irwin.
By Pepper Parr
May 17, 2014
BURLINGTON, ON.
It just goes on and on.
During the consistent rain last week there was a lot of run off on portions of Appleby Line. Want to guess which parts of that road were flooded? Just past the south gate of the air park. City engineers visited the site, took photographs but then had to pass the file along to the Regional government – Appleby Line is a Regional Road. Residents along that road want to know who is going to pay for the clean-up.
In the libel notice legal counsel for the Air Park sent to members of the Rural Burlington Greenbelt Coalition (RBGC) they said: “No neighbours have suffered excessive run-off or silted wells as a result of any activity of the Airport.” That letter was sent to the RBGC after the rain.
 The graphic shows the extent of the air park properties. There is a second runway that is not easily seen in this picture. Now the residents learn that King Paving is working on the air park property. One resident commented: “I think its concerning that the Airpark will not submit to the Site Alteration Bylaw as ruled by Justice Miller, but plans to continue work on the runway/taxiway. How can Mr. Rossi ‘cherry pick’ which parts of the ruling can apply? I think the City needs to be pressured to continue to enforce the stop work order unless Rossi is complying with ALL parts of the ruling.”
Another resident asked: “How is it that Rossi is allowed to appeal Miller’s ruling, whilst selectively complying only with the parts he likes of it. How wrong is that?! “
The city has an injunction in place and residents wonder: “what does the City’s injunction enforce? Doesn’t it allow him to work on his main runway/taxiway (and to only bring in asphalt grindings)?
As well they want to know:
1) exactly what type of work?
2) what equipment will be used?
3) what materials will be used and how/when will it be transported to the site?
 Residents want to know if equipment like this is going to be parked a stones throw from their kitchen windows while upgrades to a runway are done. 5) what is the start date?
6) what is the completion date?
7) what will be done to mitigate the dust, dirt and noise for the neighbors?
The city’s engineering department will be inspecting this work to “ensure compliance with good engineering practices and respect to the local residents.”
 Vince Rossi, president of the Burlington Executive Air Park and believed to be the sole shareholder of the private company, met with north Burlington residents, took all the comments made “under advisement” and then found himself in court where he learned he did indeed have to comply with a city bylaw. He has appealed that decision. One Appleby Line residents sets out the situation very clearly: “We agree that work at the airpark should remain at a standstill. Vince Rossi has chosen to use the courts and nothing should happen until the next round of legal procedures is complete. Without a clear picture as to how the bylaws apply, and without a proper site plan and drainage plan, any work related to drainage can only be a short term fix. It is not possible to hold a short meeting at the edge of the dirt cliff and quickly develop a repair plan for the drainage. Drainage problems exist at all boundaries. The drainage plan must be carefully planned and Vince Rossi must accept the fact that the repairs will be costly.”
 The pile of landfill, dumped on the airport property without a site bylaw plan, drains into neighbouring lands flooding fields that cannot be farmed. “The airpark has direct access to the Bronte Creek watershed from its property. It does not have to rely on neighbouring properties to remove its water. I certainly hope that the City of Burlington’s Engineering Department clearly comprehends the scope of this issue.”
It’s an ongoing battle for residents in the immediate area and of significant concern to all the residents of rural Burlington. There is a water table at risk that cannot be fluffed of by the protestations of the air park owner and his legal counsel. Citizens have seen what the protestations from oil line operators amounted to. Once a water table is damaged – it take years to recover. The citizens of Walkerton, Ontario learned that lesson the hard way.
They call this kind of thing libel chill. Quite how the RBGC is going to get the Spectator to publish the apology the Air Park wants should be an interesting exercise.
It just goes on and on.
 By Ray Rivers
May 16, 2014
BURLINGTON, ON.
Canada was one of the first nations to respond to the civil unrest in Kiev and the Russian invasion of Crimea. We recalled our ambassador to Russia, dispatched foreign minister Baird to visit Kiev, booted out a few Russian soldiers visiting us, offered a tiny amount of economic and humanitarian aid and sent over a couple of military observers. This was all announced with the sober deportment which Mr. Harper so capably captures.
 Civic engagement – people giving voice to their aspirations. The Ukrainian situation is complicated. Once considered the bread-basket of Europe, the Ukraine has become an economic basket-case, caught between an ever expanding EU and a newly oil-rich Russia intent on re-establishing the old Soviet Union. It is one of the ironies of civilization that the Ukraine is caught in this potentially matricidal tragedy, having been the cradle of birth for the Russian people. For most of its forty-four thousand year history the Ukrainian people were made captive by any and all invaders, including Huns, Mongols and Turks, the Poles and Swedish Deluge, the Austrian-Hungarian empire, Hitler and most recently the USSR, where it acquired its current geographical dimensions.
Crimea will become part of the Russian Federation, every reasonable person sees that inevitability. The question is whether Russia is content with its acquisition of this tiny peninsula, or whether it will find pretext to invade other parts of the Ukraine. The entire western effort focused on Crimea is about keeping Mr. Putin’s attention there. This hopefully will stall him in order for the Ukrainians to assemble enough of a defence to hold onto the rest of their country.
Mr. Putin is upset. His dreams of expansion have been set back by the impending Ukrainian decision to favour the EU over his dream of a new USSR. It is truly unfortunate that the west didn’t have the foresight to envision this situation. It might have been possible to more fully invite Russia into the European community of nations, such that Mr. Putin would not feel threatened by a pro-west Ukraine. Russia faces the reality of having lost all of its former Warsaw Pact satellites to the EU, and more importantly to NATO. From Putin’s perspective securing his military base in Crimea was the very minimum he should do.
There was a time when Canada was viewed as an honest broker. Lester Pearson won the Nobel Peace prize in 1957, for his trusted independent voice of reason. Today Canada’s foreign policy is about marketing our natural resources, and shamelessly pandering to the ethnic vote back home. So nobody listens to us anymore, and certainly not Mr. Putin. For all the PM’s bluster about the invasion of Crimea, Canada’s only substantial contribution will be through NATO action, should that become necessary.
 But we should not deprecate the fact that we were among the first to get involved. We closed our embassy to register our disapproval at the slaughter of protesters. Then, following the flight of besieged president Yanukoyvich, we provided early moral support for the new administration in Kiev, Mr. Harper has a habit of jumping into situations early and this time he got it right and demonstrated leadership.
And there is a lesson from Crimea for Mr. Harper – in fact for all of us. Quebec having just announced elections is busy preparing for its new sovereignty referendum, should the PQ win. In response, it appears the PM has come to life, and begun meeting with parliamentary opposition leaders and provincial premiers about his next steps. After all Crimea’s future in the Ukraine will be determined by a unilateral referendum, not unlike those used in the last two Quebec votes on sovereignty.
 Democracy in the Ukraine; what a difference between this and the election Ontario is currently having. Oh what a tangled web they’ll weave – and all they want is to is secede.
 Ray Rivers writes weekly on both federal and provincial politics, applying his more than 25 years as a federal bureaucrat to his thinking. Rivers was a candidate for provincial office in Burlington where he ran against Cam Jackson in 1995, the year Mike Harris and the Common Sense Revolution swept the province. He developed the current policy process for the Ontario Liberal Party. Rivers is of Ukrainian extraction – for him this is up close and personal.
Background links:
Canada’s Ukraine Contribution Russia vs Nazis
Legal Issues in Ukraine Russian View Kissinger Ukrainian Feed Mulroney on Putin Losing Putin –
Russia Lost the War Ukrainian Diaspora Ukraine History Yanukoyvich Corruption The Crimea Case
 By Pepper Parr
May 16, 2014
BURLINGTON, ON.
There were 46 comments in the newspaper on a web site article we published when we said we were ceasing publication. Not one negative comment amongst them.
In hindsight we should have said we were suspending publication.
I met with a number of people after the announcement and was asked by several if there was not some way I could continue. At the city council meeting of April 28th Councillor Meed Ward announced that we have “for a variety of reasons” stopped publishing, she didn’t elaborate. You are entitled to know what those reasons were.
On May 30th, I will have hip replacement done at St. Joseph Hospital in Hamilton. I have a great surgeon at a hospital where the service and attitude is superb.
From the point at which it became evident a hip replacement was necessary to the date the surgery is to be done was less than 90 days – which I felt was satisfactory. That doesn’t mean there is no pain. Hurts likes Hades and I’ve still not gotten the hang of the cane my wife got for me.
Having a disabled card for my car is a god-send. I can park right outside city hall and most buildings that I have to get to – and I don’t have to pay for the parking. Sweet!
I felt I was unable to do the job I had set out to do. Add to that the libel notices that were served on us by the Air Park Inc., and I wondered if I could keep the newspaper on a web site going and fight the Air Park Inc. action.
 Somehow the owner of the Burlington Executive Airpark convinced everyone that his plans to develop his property came under federal jurisdiction and that the city had no say in what they chose to do. This location was to be the site of a helicopter operation. The owner of the adjacent property is standing on her property line. Many wonder why a corporation can do this to a neighbouring property. My wife found the stress of the legal action difficult to handle. She is the reason I came to this city and I reluctantly decided to cease publishing, at least until the hip surgery was complete and I was able to get around. Everyone tells me I will be back on my fee in no time once the surgery is done – and I certainly hope they are right.
With the announcement of the decision to cease publishing was posted something astonishing happened. There were phone calls. A member of council called to ensure that it was not a delayed April fool’s joke.
There were emails – more than 65 to me personally.
There were comments from readers; more than 46. Not one negative amongst them.
The announcement was made on the Sunday and traffic for the Monday was the largest in our three year history.
A number of people wanted to meet with me. All wanted to know how they could help. The clincher was the delegation that called at the house. Three people, all from the same downtown part of the city, rang the doorbell and asked what it would take for me to resume publishing. I said I would re-think my position.
The Gazette has resumed publishing. I am not going to be able to cover as much as I did in the past until the surgery is done and the recovery is complete.
As for the Air Park Inc., we became aware that a reader who had made a comment on the web site had been served with a libel notice and we were served with a second notice. Then third.
We were fortunate enough to be able to get legal opinions from two exceptionally prominent lawyers who said three things. (1) Peter Wells, the lawyer acting for the Air Park Inc., is not a libel lawyer; he doesn’t know that field of law. (2) You did not libel the Air Park Inc., and you should fight this battle. (3) The owner of the Air Park is a bully.
We have not been sued as yet and have not hired the lawyer that will defend us should we be sued. The lawyer we intend to use is one of the best there is in the field. He will not be cheap – the vacation this summer will be very short and inexpensive.
We have a serious problem when a citizen, running for public office, responds to an article with an opinion and is then chased because someone thinks they have been libeled. That is called libel chill – and it can be effective.
The Air Park Inc., situation cuts to the very core of citizen administration. Does the city have the right to enact bylaws and does the Air Park have the right to flaunt those bylaws claiming they do not apply to them? They certainly thought so. But Justice Murray declared they are wrong and that they must adhere to the bylaw – and pay a large portion of the city’s legal costs as well.
The Air Park, as is their right, chose to appeal Justice Murray’s decision. That appeal is going to be heard before a three member panel of the Ontario Court of Appeals at Osgoode Hall June 11th. The city should have an answer a few weeks after the appeal hearing.
Legal counsel for the Air Park has provided us with the working of the apology they required us to publish. We have set that apology out for readers in a separate article.
The Burlington Gazette will not be publishing an apology. The Air Park can sue if they wish and we will defend our actions in a court of law. It is our belief that the Air Park Inc. wants to expunge any record of what they have done and they have served us with a notice that if we do not remove the material we published they will sue.
We will work with Vanessa Warren, a candidate for ward 6, who also does not believe that she libelled anyone. We agree with her. We will work with the members of the Rural Burlington Greenbelt Coalition (RBGC) who were also served with libel notices. We will not be removing any of the material we published unless ordered to do so by a Court and we will continue to cover one of the most significant events that has taken place that impact on the long term development of the city.
We have asked for an opportunity to interview Vince Rossi, president of Air Park Inc. on two occasions. Mr. Rossi has not been available. He appears to prefer to put his story on the Air Park web site where he can control the content.
The air park is not the only issue of concern. The changes taking place with the Economic Development Corporation, the provincial election, the development potential for the Brant Street Plaza (No-frills and Tim Horton`s are currently located there).
The loss of a city manager that brought about significant changes with the way city hall will run the city – what we all thought was going to be a 60 month run came to a halt after 26 months and many are still figuring out what we do now?
 Is there a new city hall in Burlington’s future? Pressing the city to make their community engagement charter real for the citizens of Burlington.
Following the municipal election and reporting to the voters what we have observed of this council during the past three years and interviewing those people who have put their names forward for public office.
It is nice to be back.
 By Staff
May 15, 2014
BURLINGTON, ON.
 Staff will have deserted the place on Monday – and don’t expect to see all that many on Friday. A number of city administrative services will not be available on Monday.
Activities at parks and recreation facilities including city pools, arenas and community centres vary over the Victoria Day long weekend. Visit www.burlington.ca/servicehours for program times.
Burlington Transit operates a Holiday service schedule on statutory holidays. The administration offices, including the downtown transit terminal will be closed on Monday, May 19. Call BusLINE at 905-639-0550 or visit www.burlington.ca/transit for more information.
Roads and parks maintenance will provide regular service over the Victoria Day holiday; however, the administrative office will be closed on Monday, May 19. For questions about roads and parks maintenance please call 905-333-6166 during regular hours of operation of 8:45 a.m. to 4:30 p.m.
 Parking in this location is NOT free. Surface parking lots and the streets – parking is free on Monday. Halton Court Services: Provincial Offences Courts (Burlington and Milton) will be closed on Monday, May 19.
Expect loads of traffic at the garden centers.
I came to Burlington to marry Pia Simms.
I did that on December 19, 2011
Before that I formed Our Burlington Inc., and began publishing a newspaper on a web site. The name of that newspaper was changed to the Burlington Gazette.
The publication was being read by more than 20,000 people.
Then my health took a turn and I have decided that I will stay home in the evenings and be with the woman I came here to marry rather than be at city hall.
The Burlington Gazette has ceased publication.
 By Staff; Photography by Oliver Hannak
April 25, 2014
BURLINGTON, ON. It was six days of solid competition during which the courts at the Haber Recreational Centre got a solid work out as more than 250 Masters level badminton players went after the Canadian Masters Badminton Championship.
 Dave Kumar, head of the organizing committee that brought the badminton championships to Burlington keeps his eye on the birdie The Canadian Masters Badminton Championships is an international event for Badminton players aged 35 and older. Badminton players were expected from at least 10 countries to compete in 10 age groups (+35, +40, +45 etc.). Previous Masters Championships have had more than 300 entrants representing more than 16 nations.
  Burlington showcased the event in its brand new state of the art Haber Recreational Centre. The event is part of a planned badminton sport awareness leading into the 2015 Pan Am Games to be held July 10–26, 2015 in Toronto, Ontario, Canada.
  Badminton Canada’s mission is to be an innovative and highly respected sports organization that is the leader in contributing to badminton becoming the most successful racquet sport in Canada and the world by enabling Canadian athletes, coaches and officials of all ages, cultural background and skill level the opportunity to excel at badminton and in life.
  Dave Kumar, an unsuccessful candidate for municipal office in 2010, is a member of the Burlington Committee of Adjustment.
By Staff
April 25, 2014
BURLINGTON, ON.
It’s getting noisy out there. Earlier in the week Kelley Arnott announced she was going to contest the ward 2 seat and try to take Councillor Marianne Meed Ward down and then James Smith the declared Ward 5 City Council Candidate urged all who value the Bronte Creek Trail and who might be concerned about a proposed fence to “Take a hike!” – Sunday, April 27, 2014 from 1– 2:30 pm at the Orchard Community Park, Park Building 2255 Sutton Dr., Burlington, where Becky Ellis, Landscape Architect, Burlington Parks and Recreation Department will be conducting a public information session.
Smith says he will be there looking at the samples of fence styles and thanking the people who, through their own efforts, got the city to pause and to take a step back from their arbitrary fencing plans.
 Snake rail fencing made out of cedar that lasts for centuries would be a good fit for a nature trail.
Smith, who sometimes lets his words get a little ahead of his thinking was blunt and very direct when he suggested the “leadership skills of the present City Councillor: were deficient. Smith claims that Sharman was quoted in local media (not us) didn’t want to get involved. “Do I really need to have a community meeting where I clearly have two sides at odds with each other in the room,” he said “I don’t think that will yield anything that we already don’t know.”
 Smith argues that dangerous places can have fencing that meets the need and maintains the view. While it will be a frosty June Friday before Burlington every builds anything this substantial the point is made that it can be done 0 that there is more than six foot chain link fencing out on the market. Smith claims the “the citizens of Burlington really owe a debt of gratitude to Trent Schwartz and other concerned residents who brought attention to the City’s plan to slap-up a chain link fence along the trail. If you planned to put up a fence in your backyard, you’d do more than stick a note in your neighbour’s mailbox telling them “Oh, by the way this is what we’re doing.”
Smith went on to say he “was shocked by these comments back in December “In my experience, when a situation arises where there are two sides at odds with one another, that’s exactly when one needs to have a community meeting! It’s not about a fence, it’s about leadership, it’s about listening to reasonable and differing points of view and working to build consensus and it’s through this process is how we build a community. Thankfully we have some people in the Orchard who care about this issue and kept it alive so that the present Councillor had to act. People tell me he’s only interested in bookkeeping, to me the councilor’s words speak volumes about his disinterest in community building.”
Sharman can give as good as he gets; the race for the ward 5 seat could be the most entertaining in the city. Councillor Sharman has yet to file his nomination papers.
Sharman had hoped to provide pictures of the fencing ideas the city was working with – but he couldn’t seem to get a city hall staffer to send him anything. So much for a city Councillors clout.
Smith isn’t relying on the bureaucrats – he wants the public to make the decisions. “This is a process,” he said “and we can’t just jump to a solution. We need to evaluate the situation, plan our response, listen, modify if required, and then act. In this case it looks like we rushed to a solution. Smith added ” Reinforcing and improving the natural beauty of the trail should be part of the criteria in any solution, where a fence is objectively seen as required.”
” I don’t blame City Staff, they were responding to a perceived safety issue. City Staff did their job. The failure” said Smith “is with leadership. We need to have a City Councillor who’s not only on top of these issues but can deal with them timely and sympathetically when they do arise. Since Mr. Schwartz and others raised the fence issue it has taken almost five months for the City to organize an information session. I know the wheels of bureaucracy move slowly but FIVE MONTHS? We should have had a full discussion about the safety of the trail and how to address it in the autumn of 2012 after the two kids were rescued from the ravine. “
Smith said his experience volunteering in Burlington over more than two decades has taught him how to successfully resolve issues like this one. I look forward to meeting members of the community on Sunday and listening to what they have to say about how to make the Bronte Creek Trail, Ward 5 and Burlington better. That and taking a hike!”
 By Ray Rivers
April 24, 2014
BURLINGTON, ON.
The Harper government is having one helluva time getting its stuff past the Supreme Court. Last month it was dealt another blow. More like ‘smoked’ than ‘blown’ actually, as another piece of Mr. Harper’s psychedelic puzzle for controlling whacky-tobaccy went up in smoke and got knocked into the ash can of Canadian drug history.
I can understand the PM’s fears. If sick people, whom a doctor has determined require access to the medicinal herb, continue growing their own, as they have been doing legally, it might lead to chaos. Gangland killings will become as commonplace as they are in Mexico; children clipping buds off their parent’s pot plants will get hooked for life; food prices will skyrocket as dopers feed their munchies; and Rob Ford will do another Hollywood in an Etobicoke apartment. Oh wait – that was crack-cocaine!
So our sober-faced PM, who claims to never have experienced the pleasure of a toke of nirvana, decided to axe all the private mom and pop grow-ops in one fell swoop. Only commercial outfits would henceforth be allowed to grow the heavenly herb, under the ever-watchful eye of Health Canada. There is even a rumour that some chemist called Heisenberg will be brought up from New Mexico to monitor weed quality. Marijuana, like lettuce, spinach and tomatoes, is susceptible to moulds and bacteria after all, so you can’t let just any backyard gardeners grow their own.
 There are tens of thousands of people using marijuana under prescriptions from doctors for medical reasons And pesticides are a definite no-no. Dope-heads learned that lesson the hard way back in the 70s’ when the US drug enforcement agency (DEA) was forcing the Federales to aerial spray Mexican crops with a lethal herbicide, never thinking that the farmers were going to harvest and sell the pot anyway. As that velvety smooth Acapulco Gold made it’s way to markets all the way up here, the DEA got a whiff of what it had done and started freaking out.
So the middlers and dealers were asked to send some of the evil weed for government testing. And sure enough, almost a quarter of the samples had been contaminated by that deadly pulmonary toxin, Paraquat. Well that was enough to make you stop smoking your ‘shit’. No wonder Clinton never inhaled.
It is estimated that the Canadian market for medical mary-jane in the next few years could reach almost half a million users. So why not turn this growing enterprise into a big corporate business? That way taxes could be collected to help keep dope smokers in the expensive new private prisons which Mr. Harper’s government is building for them? Increasing the commercial supply of grass makes perfect sense for a government, otherwise committed to stamping out reefer madness.
 Managing pain is one of the reasons people get a prescription to use marijuana for medical reasons. Then one of the new commercial grass-growing ops, with the almost hallucinogenic inducing name of Greenleaf messed up. Whether it was pesticide use, bacterial contamination, or unintentionally over-strength THC (the fun component) hasn’t been confirmed. But if you or your buds ordered your medical buds from Greenleaf – stuff with the cool handle of ‘Purple Kush’ – yeah you read that right – you have to send it smack back and the company will ship you a bag of fresh ganga in return.
Then Health Canada tells us that if you’ve already “bogarted” all your Purple Kush – and not blown your mind yet – don’t sweat it because it’s no big deal. Is it any wonder the Tory attack ads tell us that Justin Trudeau’s stand on marijuana legalization lacks judgement?
 Ray Rivers writes weekly on both federal and provincial politics, applying his more than 25 years as a federal bureaucrat to his thinking. Rivers was a candidate for provincial office in Burlington where he ran against Cam Jackson in 1995, the year Mike Harris and the Common Sense Revolution swept the province. He developed the current policy process for the Ontario Liberal Party.
Background links:
Court Decision Recall
Purple Kush
Quality Product
Medical Marijuana Colorado Grow Your Own Paraquat More Paraquat Market Potential
 By Pepper Parr
April 24, 2014
BURLINGTON, ON.
See it as a Jeff Fielding legacy. It was a good, if expensive idea, and hopefully it will get used by Pat Moyle, the incoming interim city manager and whoever the city hires as its full time city manager later in the year.
Fielding was a believer in listening to what the public had to say and he wanted to hear opinions but didn’t like the time most of the processes for gathering opinion took.
A chum of his, Angus Reid, sold him on the idea of using an electronic service ($100,000 a year) and he signed the city on for a three year deal.
It took some time to get the public to go with the idea and the number of participants isn’t as high as Fielding wanted them to be. There was always a little suspicion on the part of some people that the city would “know” who they were. The city can never know who you are personally. They don’t have access to that level of information – it isn’t on city computers.
The service is one that is run out of Vancouver – the city just creates the questions and the Vancouver people run the questionnaire. Right now the city is looking into how people get information from the city. There is a website – terrible thing – try finding something on it.
There is the three times a year magazine that is more puff and fluff than any really useful information. There is the annual community report that is – how does one put this – selective in what they say about different projects and issues in the city. Nice layout and design – but it doesn’t tell people anything they didn’t already know something about. It doesn’t delve into the issues. And there are issues.
There are the full-page advertisements in the newspaper; then there are the newsletters that Council members send out. I’ve yet to read an opinion in one of those newsletters that is the least bit controversial. Pablum for the most part – just plain bland. Voters want to know what their council members think. They would like to be educated on the issues – not placated by men and woman who want to do everything they can to assure their re-election.
The most recent Insight Burlington survey tries to dig a little deeper on how people get their information about the city. It begins with:
Hello Insight Burlington Community
This survey is about how the city communicates with residents.
It is very important for us to learn about where you get your information from on services, upcoming events or neighbourhood meetings. Are the tools we use effective? Is the information easy for you to understand?
Connecting with more people in the community is important to us and we need to learn from you, on where to focus our efforts.
This survey required about seven minutes. What was intriguing about the questionnaire was the way the person taking the survey manipulated information on the screen.
The data base that holds all the information on each participant knows if you own a home or live in an apartment; knows if you are male or female and your age. They have a rough idea of your income and the postal code you live in. But they don’t know WHO you are.
So- when they have the results of this survey they MAY know (the results haven’t been tabulated yet) for example that people over 60 prefer the newspaper and no one really like the Community report. And, again, for example that no one manages to get very much from the city web site.
If you want to take part in future surveys – email Leah Bisutti – Email Me – and she will direct you to the right place on the city web site.
 The way one answered this question was really cool. You just dragged the question into the order you wanted the information to appear and if you wanted to change your mind you just clicked on the little buttons to move things up and down. while it took less than seven minutes to complete the survey – you might find yourself playing with it for a while.  The layout is neat, clean and clear. It is very easy to understand and it allows you to change your mind.  The green progress at the bar tells you how far along you are in the questionnaire process
 By Pepper Parr
April 24, 2014
BURLINGTON, ON.
It will not be news to our regular readers that we are involved with a potential lawsuit with the Air Park Inc. They have taken the position that the Gazette libeled them in a number of articles we wrote recently. We don’t believe we did any such thing.
The Gazette has covered this issue since June, 2013 when an Appleby Line resident alerted us to the number of trucks taking landfill onto the Air Park property.
We have recorded and reported as well as we could the various stages this situation has gone through from the point at which the Air Park said they were federally regulated and did not have to heed municipal bylaws through to the court case which resulted a decision from Justice John Murray that said the Air Park was required to comply with municipal by laws.
When a corporation or an individual for that matter is ‘under the gun’ they begin to focus on the public perception of what they are doing. There was a time when Vince Rossi had very little time, if any, for senior people at city hall. “We got ‘the finger’ frequently” was the way one senior city hall bureaucrat put it.
With an appeal due to be heard in less than a month Mr. Rossi has begun to work on his image.
We recently saw a piece he wrote in the Spectator, which we have set out below.
By Vince Rossi
As the owner of the Burlington Executive Airpark, I am proud of our long and accomplished history in Halton Region.
 Vince Rossi, president of the Burlington Executive Air Park and believed to be the sole shareholder of the private company, met with north Burlington residents. He took all the comments made “under advisement”. Councillor Craven wanted to know why he was such a lousy neighbour. The airpark opened in 1962. Since that time, it has served as a flight training centre, an aircraft maintenance base, a recreational flying facility and a key transportation hub for Halton residents and businesses.
Thousands of pilots have received their training at Burlington Airpark, many of whom are now airline pilots who safely transport thousands of Canadians every day. The training and maintenance facilities, along with the charter services, are independently owned and provide skilled employment opportunities for our community. In addition, there are jobs for those who provide services to the airpark and the businesses located there.
Many leading companies, including Ford Motor Company, Mercedes-Benz Canada, Evertz Microsystems and L-3 Communications, use the airpark for the transportation of people and key materials.
… every test of neighbouring streams and wells has met or surpassed federal and provincial environmental standards.
The airpark is also used for patient transfers and organ donation flights, given its proximity to medical institutions that serve Burlington, Milton, Oakville, Mississauga and Hamilton.
Ontario’s air ambulance service uses special facilities installed at the airpark for advanced training.
The airpark is also used for law enforcement, search and rescue, military and ambulance flights.
Finally, the airpark is home to a thriving recreational aviation community. It is the host of community service events such as educational flights for school groups, the semi-annual Big Brothers Big Sisters Airlift and serves as a partner and rest stop in the PwC Epic Tour Halton, a regional biking event.
There is a shortage of smaller general aviation airports in southern Ontario with reasonable proximity to cities. The airpark is a unique and essential asset for Halton Region.
But we want to improve and do more.
I purchased the airpark from the Kovachik family in 2006, having done my own flight training here.
Since then, I have invested more than $4 million in infrastructure improvements. I have not received financial assistance from any level of government. This has included widening and improving both runways, adding taxiways, improving the refuelling facilities and building additional hangars.
We have always been open about our plans and goals to improve the airpark. Over the years, we have posted plans on our website and we have held a yearly reception as well several open houses and barbecues that have been attended by neighbours, airpark users and politicians of every level. At these events, we have shown our improvements and plans for the future.
Our efforts to improve the airpark were halted in July of last year, after complaints were raised by a few of our neighbours, some of whom had only recently purchased their homes. They made unsubstantiated claims that the fill being imported to level the remaining airpark lands was waste, which, of course, it was not.
The situation then became political. City of Burlington councillors repeated the unsubstantiated rumours of contamination. The City of Burlington, citing its site-alteration bylaw, took steps to stop the improvements. Despite the fact the airpark is federally regulated, we met with the councillors, city officials and our neighbours to try to address everyone’s concerns reasonably. Notwithstanding, the mayor of Burlington publicly vowed to take whatever steps the city could to stop the infilling.
To be clear, every test of neighbouring streams and wells has met or surpassed federal and provincial environmental standards. There have been six inspections, studies and/or tests carried out since 2009. None have indicated a problem with the fill or an adverse impact on local water. Further, after discussions with the Ontario Ministry of the Environment, the airpark is in the process of voluntarily completing the most comprehensive study to date by carrying out a test well program.
Sadly, we and the city are spending time and money in court to find out whether the city is entitled to control improvements at the airpark. During the past 60 years, courts across this country have held that the federal government has exclusive jurisdiction over the location, design and materials used to build and improve airports. There are more than 1,400 airports across Canada. It would be chaos if each one was subjected to different municipal standards, which is what the courts have consistently held. We hope for a resolution in June.
 Airpark dumped more than 30 feet of landfill without a Site Plan. Owner of the adjacent property stands on her property line and wonders why anyone can build a “small mountain” next to her property without getting approval. She wonders where the respect for her property rights is in all this. I’ve always respected our neighbours and the City of Burlington and was hopeful that we could have reached a compromise that protected and enhanced the interests of all parties.
In the meantime, the Burlington Executive Airpark will continue to serve the interests of our community, and our region. We’re here for the long term and look forward to moving forward with our neighbours.
Vince Rossi is the owner of Burlington Airpark Inc.
Before the “I have always respected …” paragraph, Rossi has added the sentence: “I am saddened the situation has come to this” and after the paragraph he added the words: “I’m an optimist. I still believe it can happen.”
It is this changing the record and adding comments to suit his purposes that have resulted in the very deep mistrust between Vince Rossi and his neighbours. This distrust has been evident from the very first delegation at city council when lawyer Glen Grenier was speaking and ward 1 Councillor Rick Craven asked: “Why is your client such a lousy neighbour?’
The relationship between the city and the Air Park didn’t get any better for some time. It appears that the Justice Murray decision and the pending appeal have persuaded Mr. Rossi to begin talking in terms of “a compromise that protects and enhances the interests of all parties.”
Many people in rural Burlington feel it is a little too late for that. They want the landfill out and tomorrow won’t be soon enough. Justice Murray said what north Burlington residents wanted to hear: “This court has determined that the by-law is valid and binding on Burlington Air Park Inc. The issue of enforcement is left to the municipal authorities.
One observant reader passed along information on the Air Park web site and described it as “highly selective and manipulated information”. That is where we came across the different version of the piece that appeared in the Spectator. Any detail of the Justice Murray decision is hard to fond on the Air Park website.
Background links:
This battle has been going on since June of 2013
 By Staff
April 23, 2014
BURLINGTON, ON.
The Pythons are back. This annual event created by the Rotary Clubs of Burlington is an occasion for entrepreneurs in the commercial world and students at high schools who think they have good commercial ideas to get some of the technical help they need as well as some capital to grow the business idea.
Pythons’ Pit provides an avenue for creative, entrepreneurial residents and students of Halton Region and beyond to pitch their business concepts and product ideas in front of a live audience and a panel of real business moguls from the community. Open Category applicants can win up to $150,000 in start-up capital and a package of in-kind professional services to help launch the business. High School applicants can win cash prizes up to $2,500 or a bursary of up to $5,000.
 The Pythons look for that person will a bold idea and a vision; those that step forward and show initiative and drive. These are the people that keep an economy growing. There are two categories Open and High school students.
The Open Category entries this year are:
GymChum – Aydin Betez
Country Basics – Ted & Lisa West
V.M. Enterprises – Vincent Marchese
Tetra Biologicals Inc. – Bruce Robinson & Thurkathipana Navaneethan
Ranggo – Noha Abdelaziz & Peter Basil
Finalists in the High School Category are:
NORSAF Technologies – Jack Greenburg, Garth Webb Secondary School
Smart Tasks – Jennifer Palfi: Bishop Reding High School
Smart Tap – Jessy Kang; Abbey Park Secondary School
Fashion on Wheels – Nita Stranaghan & Katie Henderson; Georgetown District High School
Cyclo-Charger – Mark Suan: Corpus Christi Catholic Secondary School
Leading the event as Emcee this year is Connie Smith, well know local television personality. The program is brought to the community by McMaster’s DeGroote School of Business. Presenting sponsors are: Royal Bank and the MNP Group
Students winners last year were:
Ryan Muil, a Grade 12 student at Christ the King Catholic Secondary School in Georgetown, won first place and $2,500 for his already successful company Muil-E’s Hot Sauce, that Ryan founded when he was just twelve years old.
Jasmine Mercer, a Grade 11 student at Corpus Christi Catholic Secondary School in Burlington, won second place and $1,000 for her Mobilization of Restaurant Software – an application she developed, which offers solutions to problems Jasmine encountered while working in the restaurant industry.
By Staff
April 21, 2014
BURLINGTON, ON.
Rural Burlington is getting more time to gather up the brush that resulted from that ice storm in December. If you’ve driven around the Escarpment area you will have seen the thousands of trees that have been severely damaged.
 Remember the December ice storm and roads that looked like this? Now all that brush brought down by the ice has to be cleaned up. The Region continues to work closely with the Local Municipalities to implement a coordinated ice storm related bulk brush collection program,” said Gary Carr, Regional Chair. “As the extended program will not start until May 5, staff will work with the Local Municipalities to help with the set-up of temporary transfer sites, if required, within non-serviced areas so that residents and contractors can drop off brush at no charge.”
 The collection dates are:
• May 5 to May 23, 2014 – Milton, Thursday Area 1
• May 20 to May 30, 2014 – Burlington, Thursday Area 8
• May 26 to June 6, 2014 – Halton Hills, Wednesday Area 1
• June 9 to June 13, 2014 – Halton Hills, Friday Area 2
• June 16 to June 20, 2014 – Milton, Monday Area 2
 Expect to see a lot of piles like this along the rural road sides. Residents who have bulk brush materials that are larger than three inches in diameter must make their own arrangements to have the materials collected and taken for disposal. These larger materials are unable to be collected safely in standard yard waste collection vehicles. Storm related brush debris and chipped materials can be dropped off at the Halton Waste Management Site by residents and contractors from across the Region free of charge until June 30, 2014.
By Pepper Parr
April 23, 2014
BURLINGTON, ON.
Mayor Rick Goldring announced today that Patrick Moyle, recently retired Chief Administrative Officer Halton Region, will be the city’s interim city manager effective May 1.
Current Burlington City Manager Jeff Fielding is leaving Burlington May 16 to become city manager in Calgary.
Amazing – these senior municipal civil servants do bed hop in a serious way. When Roman Martiuk parted ways with the city of Burlington, Council decided to have General Managers Kim Phillips and Scott Stewart share the job of acting city manager on a rotating basis. That worked just fine. When Jeff Fielding was hired and given a five year contract he and Scott Stewart worked exceptionally well together and most believed he would be tapped as the interim until a new city manager was hired.
Fielding’s leaving after just 26 months of a 60 month contract stunned many. His leaving has left a number of critical files without the kind of leadership needed – most critically the mediation of the pier dispute to take place in June.
Stewart has been doing double duty since last October when he got dropped into the Burlington Economic Development Corporation (BEDC) to oversee the operation of that organization while it went through a re-structuring.
Stewart has also been the lead on the Air Park issues and the efforts to get the Ontario Ministry of the Environment to release the results of the testing that has been done for problems related to possible contamination of the water table. Many people are thinking in terms of contamination of runoff water from what has been described as an “unlicensed landfill operation”.
Stewart, who wasn’t with the city when the tender for the second pier contract was issued, was the lead on the second effort to get the pier built.
In the city media release Mayor Rick Goldring said” “Under Jeff’s leadership, we have accomplished a tremendous amount of work in the last two years, setting us on the path for Burlington to become one of the most innovative and creative cities in Canada.,” “Putting Pat Moyle in place will give Burlington’s senior management team the resources they need continue to focus on significant initiatives and projects that are underway.”
The senior management team didn’t need any support during the six months it took to hire Fielding.
 Patrick Moyle, former CAO of Halton Region will serve as interim city manager starting May 1 Moyle’s most recent appointment, after retiring from the Region, was as a Senior Advisor with Strategy Corp, where they make mention of his considerable public, private and not for profit experience,
He added: “A full, open search for Burlington’s city manager will begin later in 2014, and will include both internal and external candidates.” Can you imagine if the city said internal candidates would not be considered?
I suspect there is at least one candidate polishing a resume for any municipality looking for a strong leader who gets things done. Mayor Goldring brought out his favourite chestnut and said once again that as “Canada’s best mid-sized city, we can attract the best talent in municipal government.”
We thought that when we hired Fielding didn’t we? We seem to be able to hire them – why is it we can’t keep them?
By Pepper Parr
April 23, 2014
BURLINGTON, ON.
By Pepper Parr
April 23, 2014
BURLINGTON, ON.
An incumbent council member that we thought would be acclaimed will face a competitor for the ward 2 seat. Kelly Arnott has advised us that she intends to announce her candidacy at the eatalia restaurant on Brant Street on April 28th. We have been invited.
Incumbent ward 2 councillor Marianne Meed Ward has changed the way things got done at city council and while many were uncomfortable with her style the sense was that her strong ward association gave her a lock on the ward. Now there will be a ballot with at least two names on it.
There are people in this city – and on this council, that would love to see someone other than Meed Ward sitting beside ward 1 councillor Rick Craven – especially the member for ward 1.
Arnott is the organizer of the immensely successful but controversial Half Chilli Marathon that takes place the first Sunday in March.
Some people who live along lakeshore Road take exception to the closing of the road. The lead up to the 2014 race saw some of the longest and most drawn out delegations to city council over the road closure. City council voted to continue with the race.
- Kelly Arnott’s entrance into the civic election and her decision to contest the ward 2 seat will draw a very clean line between two opposing views as to the kind of city the people of Burlington want.
 By Staff
April 22, 2014
BURLINGTON ON
We received the following recently.
Burlington Gazette
Burlington, Ontario
Dear Sirs:
Re: Burlington Airpark Inc. -Libel Notice to Burlington Gazette
We are the solicitors for Burlington Airpark Inc., the operator of the Burlington Executive Airport (collectively “Airport”). This letter is to serve as notice pursuant to s. 5(1) of the Libel and Slander Act R.S .O. 1990 Chap. L.12.
Under the date of April 11, 2014 the following appeared on the website https://www.burlingtongazette .ca/:
“Was it the cold winter that resulted in hundreds of dead fish floating on the pond of the Appleby Line property that is surrounded on three sides by the Air Park land fill or is the death of the fish the result of toxic and silt filled water now in the pond?
The argument as to whether the land fill was going to do any real damage has been simmering in the background. Some testing was done but the
A spring fed pond with hundreds of fish – normally. Today wasn’t a normal day on the Appleby Line property. Hundreds of dead fish were floating n the water this morning
Ministry of the Environment got involved in a struggle over who was entitled to the information from their testing results -privacy issues came into play and the privacy officers at every level of government seem to be taking the time they feel they needed to determine just who can see what.
The spring fed pond is yards away from a mountain of landfill that was never properly tested when it was dumped on the property.
Runoff from the landfill is now getting to the water table -dead fish are showing up in the pond.
Some of the evidence may have come to the surface – literally, for one resident. Hundreds of dead fish were found floating on her pond this morning . That pond is yards away from a 30 foot high pile of landfill that is in place in violation of the city’s site alteration bylaw.
The property owner advises that the Ministry of the Environment will be on her property later today to test for contamination in the pond.”
These publications are false and misleading in at least the following respects:
1. The soil was tested. Results to date in 2009 were reviewed by Region of Halton which reported to the City of Burlington: “The results for all criteria meet the Regional and Provincial standards (potable) as required in Table 2 of the Soil, Ground Water and Sediment Standards for Use Under Part XV.1 of the Environmental Protection Act.”
2. The Airport is not contaminating the groundwater. Multiple tests by Environment Canada, the Ontario Ministry of the Environment (“MOE”) and Halton Region have shown no impact on groundwater.
3. When the City of Burlington reported the results of the Halton Region testing of wells on properties bordering the Airport in its Burlington Executive Airport Update #6- September 9, 2013: “On August 23, city staff were sent an email by the Region of Halton regarding testing of wells on several properties adjacent to the airport. The email indicated that the MOE and the Halton Region Health Department were working together to sample and analyze the drinking water wells of homes located immediately adjacent to where the fill was placed on the airport site. Well water samples were collected by MOE staff from two properties. The samples were being analyzed for inorganics, volatile organic compounds, polycyclic aromatic hydrocarbons and petroleum hydrocarbons.
Results of this testing were provided to the Health Department. The results were then compared to the health-based Ontario Drinking Water Quality Standards and the Ministry of Environment Table 2 Brownfields standards. The Region has indicated that no exceedances were reported. These results have been shared with the property owners. Permission was given by these property owners for the Health Department to share the results with city staff.”
4. These results were also discussed at the Burlington Development and Infrastructure Committee meeting on September 9, 2013 where it was reported: “On to Environmental matters on page 3 -the well testing. You can see the correspondence that’s come in from your CEO over at the Region of Halton. That work is being done in co operation with the Health Unit. That’s flowing through the good Doctor [Nosal], so the results will , continue; they have been shared with the property owners and the Health Department and we’ll get that information as it comes forward. Nothing negative at this stage and that is not unusual to see that there isn’t anything negative that would migrate from the site and be into any wells anyway, at this stage.”
The publication was actuated by malice justifying an award of punitive or exemplary damages, in that you caused these words to be published knowing them to be untrue, or being reckless as to their truth. In particular the Airport will rely on:
1. The publication of an article dated April 9 2014 reporting on the filing of nomination papers by Vanessa Warren. The article, when fairly read, is an endorsement of her candidacy. The article repeats earlier defamatory claims that the Airport was importing “toxic landfill” and was running an “unlicensed landfill operation”. Both these allegations are untrue. The July 16, 2013 article in which these claims were made is still available on the Burlington Gazette website, and the Airport claims with respect to these statements as well having been made less than one year prior to April 11, 2014.
2. The Burlington Gazette reported on the testing of neighbouring wells on August 5, 2013. This report is also inaccurate in claiming that the Terrapex study established that any contaminants were migrating from the Airport property. Terrapex did not comment on off-site impacts as that was not part of the scope of work assigned to it by the City of Burlington. In addition, it bad not done any testing that would have been required to comment on off-site impacts. The August 5, 2013 article in which the false claim that the Terrapex report was evidence of off-site impacts by the Airport is still available on the Burlington Gazette website, and the Airport claims with respect to that statement as well, having been made less than one year prior to April 11, 2014.Nevertheless , as a result of the reports by the City as set out in paragraphs 3 and 4 above, you knew or ought to have known that the tests of neighbouring wells showed no adverse impact due to the Airport and that the City of Burlington had advised the community that there wasn’t anything negative that would migrate from the site and be in any wells anyway. The failure to report these results was selective reporting intended to maintain the fiction that the Airport land was adversely impacting the neighbours, when the tests specifically performed to determine whether that was so were to the contrary.
Our instructions are to pursue legal proceedings unless the defamatory statements in the articles of April 11, 2014, July 16, 2013 and August 5, 2013 are retracted and a full and fair apology satisfactory to our clients is published in the same fashion and in an equally prominent way as the statements specified in this notice.
The notice was signed by Peter West, solicitor for Air Park Inc., carrying on business at the Burlington Executive Air Park. The Air Park is currently in litigation with the city. The cases were first heard at the Ontario Superior Court in Milton where Justice Murray found for the city. The Air Park immediately filed an appeal that is to be heard in Toronto June 11, 2014
Background links:
April 14, 2014 article
July 15, 2013 article July 16, 2013 article August 5, 2013 article April 11, 2014 article Libel chill Justice Murray decision
 By Staff
April 22, 2104
BURLINGTON, ON.
In an issue of the Ryerson Review of Journalism there was the following article which we have excerpted.
The journalist’s badge. That’s how Ron Adams, host of CBC Radio’s Media File, referred to getting sued. He was questioning Jock Ferguson of The Globe and Mail about libel chill. Lawsuit phobia, if you prefer-the notion that the threat of fighting legal actions, with their high costs in time and money, often inhibits aggressive reporting. For some journalists, getting sued may well be a badge, a testament to their profession. For many others, including those who make the final decisions, the possibility can be intimidating in the extreme.
 Though there is nothing like a consensus on how pervasive libel chill is in Canada, it has nevertheless become the basis of a movement to liberalize our libel laws, particularly their onus on the media to prove the truth of what they publish or broadcast. American law, under which the burden of proof is on the plaintiff, is looked to as a model.
The current libel laws “certainly didn’t hinder the Globe last fall when it ran “Behind the Boom,” an eight-part series exposing the corruption surrounding land development in York Region, a formerly rural municipality north of Toronto. Ferguson and co-writer Dawn King spent 10 months interviewing over 200 people, working closely with lawyers and even allowing counsel to meet three controversial sources, all so they could get the story straight. For their efforts, the Globe has been served with a libel notice to the tune of some $20 million.”
“But the story had another more important effect. After reading about the close ties between city councillors and developers, and about the conflicts of interest, voters were able to bring their outrage to the polls. The result: Allan Duffy, the mayor of Richmond Hill, and Carole Bell, the mayor of Markham, were defeated. Now both face investigation by York Regional and Ontario Provincial Police.”
“Under the threat of litigation, the Globe made sure its stories were airtight. “We wrote only what we could prove. There were a number of things we were close to proving, but we wrote only what we could prove,” says Paul Palango, the paper’s city editor. And that, as far as Palango is concerned, is as it should be. Being able to back up what’~ printed is a given. It doesn’t have to limit reporting. The “Behind the Boom” series is proof that the media can do their job within the existing legal framework. As for the Globe, it’s confident that if it should go to court it will win. Palango feels strongly that this kind of aggressive, thorough reporting is the best way to fight the chill. It all comes down to getting the goods, being determined and publishing the stories.”
“Many editors share this conviction. While those at large dailies such as The Montreal Gazette and The Toronto Star pride themselves that their own coverage is just as intense, others acknowledge that the chill is real.
“So does Stephen Bindman, president of the Centre for Investigative Journalism and national reporter at The Ottawa Citizen. “Libel chill is certainly out there,”he says. “I think most reporters can give you an instance of someone saying ‘Oh well, I’ll sue you,’ and if it doesn’t necessarily stop you from doing the story, it at least gives you cause for concern.”
“For its part, the Globe isn’t worried about the 130 notices it’s received over the past five years. And it’s unlikely that any of them will go to court. This situation is typical of Canadian libel actions. Although there are no statistics, most media law specialists agree that over 90 percent of all libel actions never go to trial.”
“The Supreme Court of Canada upheld the 1978 Quebec Superior Court award of $135,000 in the case of civic politician Gerald Snyder against The Montreal Gazette. Before the record Snyder suit, awards throughout the country usually ranged from under $1,000 to $75,000. But since there is no ceiling on damages, that could easily change pending the outcome of the Reichmann family’s action against Toronto Life.
“The billionaire Reichmanns are suing the magazine for $102 million. The dispute is over an article that ran in the November 1987 issue. In it, freelance writer Elaine Dewar traces the rise of the Reichmann family fortune. The Reichmanns claim the legitimacy of their business dealings is being questioned and the family honor is at stake.”
Toronto Life ended up apologizing to the Reichmann’s.
Jeffrey Shallit, a University of Waterloo computer scientist and a noted advocate for civil liberties on the Internet wrote a piece recently in which he argued: “It’s time to reform Canadian libel law”
“Environment Minister Tony Clement is suing Liberal leader Dalton McGuinty for remarks he made in a CBC radio interview. Jacques Parizeau and Lucien Bouchard are suing investment adviser Richard Lafferty for his comments in a 1993 financial newsletter. In 1997, former Prime Minister Brian Mulroney sued the Federal Government, asking $50 million in damages, over a letter naming him as a suspect in the Airbus case.
“What gives these powerful politicians the ability to shut down criticism and criminal investigations? The answer is Canadian libel law.
“Under the current legal regime, you can be sued for anything you say about another person that damages their reputation. If sued, the onus is on you to prove the truth of your statements; the fact that you genuinely believed them to be true is not good enough. Even truth is not an absolute defence — if the court finds you told the truth but your intent was malicious, you might lose anyway. Canadian libel law is so draconian that people come from all over the world to file libel suits in Ontario.
“The impact on freedom of expression, a core value of the Charter of Rights and Freedoms, is severe. There’s even a term for it: “libel chill”. Libel chill means that people are afraid to criticize powerful people who might bankrupt them with a costly suit. It means that commentators have to think twice before needling public figures — as cartoonist Josh Beutel learned when he was sued by controversial New Brunswick school teacher Malcolm Ross. Ever wonder why there’s so little investigative journalism in Canada? The reason is simple: libel chill.
“Stringent libel laws may have made sense five hundred years ago, when British royalty wanted to stop the nobility from dueling by giving them a legal remedy against character slurs. But we don’t live in the time of Henry VII any longer. Debate on political issues can’t be robust and wide-open if the threat of a libel suit hangs over you.
“Today, if someone tries to ruin your reputation, there are many avenues of redress. You can hold a news conference, take out an ad on radio or television, or set up an Internet web site to tell your side of the story. These methods are cheaper than a lawyer’s fees and certainly safer than a duel.
“It’s time for Canadian libel law to be brought in line with 21st century realities. A good first step would be to reverse the burden of proof in lawsuits involving public figures: the plaintiff, not the defendant, must prove the statements in question are false. Furthermore, let’s exempt statements of personal opinion or belief, and force the plaintiff to prove that the statements were made with malicious intent.
“If we don’t act, the likely result is millions of taxpayer dollars going to fund the legal bills of rich politicians who know how to dish out criticism, but can’t take it.”
Libel chill is very much a part of the Canadian media scene. Later this week we will tell you more about that chill and how it works.
 By Pepper Parr
April 21, 2014.
BURLINGTON, ON.
Sometime on Tuesday Mayor Rick Goldring will announce the name of the interim city manager who will take over from current city manager Jeff Fielding who has taken up a job in Calgary.
The decision was made last Tuesday in a CLOSED session of a Standing Committee meeting. Unfortunately there was a glitch in the taping of the meeting. The web cast of the portion of the meeting that covered events after Council came out of closed session did not have any audio attached to it.
Ensuring that the web caster is in place before a meeting actually resumes would have helped. City Clerk Angela Morgan seemed to have some difficulty controlling the meeting which resulted in people talking without being properly recorded.
Council was in closed session for close to an hour and a half and we now know that they made a decision to hire an interim city manager who will start May 1. Jeff Fielding, who has been in Calgary a few times since the announcement of his resignation, will be away for all of the week of the 21st. He completes his time with the city on May 16th and starts in Calgary June 1.
The Mayor will announce who the interim city manager is to be on Tuesday. We do know that the person will not be a current city employee and we are told he is not from Hamilton. Most of the sources we talked to were pretty tight lipped on Sunday and Monday.
 Before Jeff Fielding, on the left, was hired as city manager General Mangers Kim Phillips and Scott Stewart shared the role of acting city manager for several months. That’s not the route council is taking this time around. Council has decided to bring in an outsider on an interim basis. There are some noses out of joint over this decision. Councillor Craven voted against the decision. Council members are putting a brave face on the situation and saying “off the record” that staff has everything well in hand and that the city manager isn’t needed at this stage. And if you believe that – there is a bridge in Brooklyn I can get you a very good deal on.
City staff is going to have to now undergo the third significant cultural change since this Council took office. The city parted ways with Roman Martiuk in July of 2011 and brought in Jeff Fielding in December and gave him a five year contract that came to an end 26 months later.
Every leader brings in a style, a culture and a way of doing things that is unique to them. Martiuk would not allow his general managers to hold meetings without his being in the room. Fielding was much more open and encouraged his staff to look at things differently.
He also brought a new approach to the way the city is going to develop its budget with the focus on Results Based Accountability, Business Process Management and Service Based Budgeting. There is no rocket science to these approaches but they are significantly different than what has been done in the past and the staff implementing these changes need direction and guidance until everything is in place and the knots worked out.
Burlington’s 2015 budget process is going to be something to watch.
The discussion during the CLOSED session of the Standing Committee decided on who was to be hired – there apparently wasn’t any time to actually interview at any length. Former city manager Tim Dobbie, who is part of the Mayor’s re-election campaign, is believed to have been one of the advisers to Council.
The vote to hire the interim city manager was not unanimous. Councillor Craven voted against the decision Council had made and apparently asked that the vote be identified. Recorded votes are not taken at Standing Committee but Councillor Craven wanted his vote on the record.
Councillor Sharman spoke for a minute or two at the end of the meeting but his voice was not captured – so we do not know what he had to say.
There is awkwardness to the way the hiring on an interim city manager is being handled. Council are still reeling from the decision and are, it is reported, none too happy with their city manager being in Calgary at this point in time.
Few believe Fielding left Burlington for an annual salary increase of $65,000 Did he leave just because there was a better opportunity? After just 26 months in the job? There is a reason for all this and in time it will all come out.
.
By Staff
April 20, 2014
BURLINGTON, ON.
The Bandits are bringing some strong local talent to the team – they recently announced their signing of ace Burlington native ball player Tyler Patzalak for the 2014 season.
Tyler, a three time IBL Champion with the Brantford Red Sox, returns to where it all began for him when he played in the BOMBA leagues. Patzalek lead his Notre Dame High School baseball team to the Ontario (OFSAA) championship in 2008 and earned 3 team MVP awards during his high school career.
 Bandits liked Patzalek’s leadership and his athletic, aggressive style of play and see him as the first local talent they have on the team’ In 2010, Patzalek continued his baseball career at Maine University on a baseball scholarship. While at Maine Patzalek was honoured with conference player of the week awards several times over his 3 years at Maine and was named a second team All-Star for America East conference for his 2012 season.
During the past four summer seasons, Patzalek played for the Intercounty League’s Brantford Red Sox. From 2010 to 2013, he amassed 468 at bats and won 3 championships.
Patzalek now back in Burlington on a full-time basis, he is planting new baseball roots firmly in Burlington soil as an assistant coach with the BOMBA minor pee wee Bulls, as an instructor for BOMBA’s house league development program. Tyler has also been named Lead Instructor for the first Burlington Bandits Youth Baseball Camps taking place between July 14th and July 25th at Nelson Park.
“Tyler will be our starting catcher, but will see time at other positions as well. He is a very athletic, versatile player,” said Manager Kyle MacKinnon. Solid catching is a prerequisite for any good team. With Tyler Patzalek and Peter Bako (2009 Pittsburgh Pirates draft pick) sharing time at the position, we should be in great shape.”
 “We couldn’t be happier to have Tyler with the Bandits. I have known Tyler for many years and have followed his baseball career closely over the last seven years. We love his leadership and his athletic, aggressive style of play. The fact that he has won 3 league championships is a bonus. He will be able to convey to the younger players what it takes to win in this league,” said General Manager Craig Bedford.
President and owner Scott Robinson was thrilled with the signing. “Tyler Patzalek is one of the best players to come out of Burlington for many years. Going forward, we want the Bandits’ roster to include the best Burlington players available. Tyler is an important part of meeting that objective”.
The Bandits open their 2014 season on the road for a May 4th match up with the Toronto Maple Leafs. This newly heated rivalry will pit your Burlington Bandits against former team MVP Darryl Pui who was traded to Toronto in the off-season. Burlington will then return to Nelson Park on May 10th for the Bandits Home Opener. Tickets are available now online or by phone at 905-630-9036.
|
|
