Paid parking backfires in Lion’s Head

A view of Lion’s Head Harbour. To see the lion’s head, look to the left and slightly above the lighthouse

(A note first to my thousands, if not millions of global readers of this blog: this is a local story. It involves local people trying to make a living from their business of providing their small community in Canada with essential needs, like food and hardware. Some of those needs are met by imported products made or grown elsewhere in the world by other local people in other countries trying to make a living; and thus, in some modest way they, we, are also helping each other.)

One of the special things about shopping in Lion’s Head is the friendly relationship you can develop over time with local business owners and staff. So, as I read the current issue (Nov. 2 to 23, 2021) of the Bruce Peninsula Press, I was dismayed to learn that those people and their businesses are hurting as a result of the implementation of paid parking, and the lack of prior consultation with them.

In the Publisher’s Column on Page 4, John Francis writes about letters on the agenda of an October 25 special meeting of the Northern Bruce Peninsula municipal council. He quotes from one written by Scott and Carla Hellyer, owners of Scott’s Home Hardware. Noting the lack of a Business Improvement Association, they write, “we wish that council would have asked individual businesses for input into paid parking in the downtown core before enforcing it during our COVID pandemic.”

Other letters, “some thoughtful, some angry,” Francis says, without naming those authors, were also critical of council’s approach: “Most importantly, local business owners feel that they were not at all part of the planning consultation process,” said one.

He goes on to blame the apparent lack of communication largely on “understaffing” at the overworked-staff municipal office, from the Chief Administrative Officer on down. As a result, no one has the time to devote to developing and implementing a sufficient communication strategy.

Now, I have to say I’ve long been a fan of The Press, and the amazing job John Francis has done over 40 years to start and keep it going, and apparently flourishing, at a time when print newspapers are an increasingly endangered species. The current issue also includes an article about the recent hiring of actual reporters on a paper that for years has largely depended on submitted content.

Meanwhile, over those many years, under corporate, ‘bottom line’ financial pressures, other local/regional news venues have disappeared, or experienced layoffs leaving them as pale shadows of what they used to be. I think back to that time in the early 1980s when the Bruce Peninsula National Park was a controversial proposal and the subject of an often-contentious, local-community debate. Numerous meetings, open houses, and other news developments mostly coming out of Tobermory were covered like a blanket by reporters from two Owen Sound-based TV satellite offices, local radio, the Owen Sound Sun Times, and the Wiarton Echo. Yours truly, based on the peninsula, did most of the reporting of the park debate for the Sun Times and the Echo, and the occasional story for a couple of Toronto-based newspapers before I became a full-time Sun Times staff reporter. But those days of ongoing, extensive, local news coverage are gone and may never come back. So, Kudos to the Bruce Peninsula Press for being there.

But, that being said, I find it ironic that what should have been a front-page story about paid parking hurting business was missed. Instead, the topic was divided in two, in the Publisher’s Column and the separate Reporter’s Notebook on Page 6, also written by the publisher. Odd, considering The Press appears to be transitioning to an actual ‘news’ paper.

If there is a communication problem regarding local government and public affairs on the upper peninsula, and that certainly appears to be the case, then the relative lack of professional news coverage is part of the problem. ‘The Press’ has long had an important role in public affairs and the peoples’ right to know. It is not “the fake news.” And beware of anyone, especially politicians, who say things like that.

The other point I want to make is that it shouldn’t be necessary to hire someone to develop and implement a municipal communication strategy when all that’s required is for someone to have the presence of mind to realize what’s needed. Was it such a stretch after all that a member of council could have said, shouldn’t we consider how this might affect local businesses?

And from there, actually talking to them would surely have come to mind. And if not? Well then, that’s a problem of another sort.

(Author’s note: This post has been edited to add some information and further comment.)

Sauble Beach and the challenge of Reconciliation

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Sauble Beach is a major summer tourist destination in Ontario, Canada’s most populous province. It stretches for 11 kilometres along the Lake Huron’s eastern shoreline south of the Sauble River.

The tourism economy has stimulated the growth of a resort and year-round community of the same name bigger than some towns in the area of southern Ontario often referred to as Grey-Bruce, after the two counties it includes. Much of the community of Sauble Beach is in the Town of South Bruce Peninsula.

Municipal officials are planning to excavate a portion of sand dunes and expand the parking area along the west side of Lakeshore Blvd. beside and running parallel to the beach. They regard it as a relatively small, road improvement project aimed at making the parking situation safer.

They might have foreseen the extent to which the project would raise concerns from environmentalist. So, for that reason alone, municipal staff and council appear to have fallen into a trap of their own making. They should have known better by now. This week the project was put on hold likely until the spring after an environmental law group threatened to get a court injunction if the project went ahead.

But — and not to downplay the importance of mother nature — there is an even bigger underlying issue: who owns, or in the parlance of governance, who really has jurisdiction over the north section of the beach still being managed by the municipality?

That issue was deserving of more public attention because it is reaching a critical legal point in a lengthy court action.

Indeed, the Saugeen First Nation, which has long included the southern half of Sauble Beach in its territory, regards the outcome as a foregone conclusion: “The lands in question are part of Saugeen First Nation, and while that is not accepted by the South Bruce Peninsula Town Council, it is simply fact. Saugeen and the Government of Canada agree on this and will be taking the Town to court to settle,” Saugeen First Nation Chief Lester Anoquot said this week in a joint public statement issued by the Saugeen First Nation and the Saugeen Ojibway Nation (SON) Environment Office.

Canada is going through an ongoing period of ‘truth and reconciliation’ with First Nation, or Aboriginal, people who live within the country’s boundaries. Between 2004 and 2010, the Supreme Court of Canada ruled in connection with a series of cases that the Crown had a ‘Duty to Consult’ where First Nation constitutional or treaty rights stood to be adversely affected.

Canada is a sovereign country, but still technically a constitutional monarchy under the British Crown. Senior Canadian national and provincial governments are regarded as Crown representatives with a responsibility to uphold the ‘honour’ of the Crown regarding the Duty to Consult.

The details of delegating that legal requirement to municipalities and other ‘third parties’ is still a work in progress, though some local municipalities have already implemented such a policy, including Bruce County, which includes the Town of South Bruce Peninsula.

The Saugeen First Nation has claimed ownership of the north half of Sauble Beach for 30 years. The claim maintains the north-south boundary line of the First Nation reserve was mistakenly drawn after the land was surveyed following the signing of the 1854 treaty involving the Bruce, formerly Saugeen, Peninsula. At the time, Canada was still a British colony.

In August, 2014, Canadian government officials told a packed public meeting at the Sauble Beach Community Centre that the federal government supported the Saugeen claim. They proposed a negotiated settlement that would give the First Nation ownership of the entire beach, but with a co-management agreement with the non-Aboriginal community. That elicited an angry, defiant response from the mostly non-Aboriginal crowd and the idea was soon abandoned. The incumbent town council took a lot of public heat in Sauble Beach and was voted out of office in that fall’s municipal election.

In August, 2019 the Saugeen First Nation brought a motion before Ontario Superior Court for a ‘summary judgement’ regarding its Sauble Beach claim.

Motions for summary judgment are brought when one side believes its case is overwhelmingly strong. But if it fails, a regular trial process, as advocated for by South Bruce Peninsula since 2015, would still be left to resolve the dispute.

The First Nation is supported in that action by the Canadian government. The Town of South Bruce Peninsula opposes the motion, and is supported by the Ontario government, South Bruce Peninsula mayor, Janice Jackson, said in an interview.

SON and the Saugeen First Nation strongly maintain it should be consulted by the Town regarding the Lakeshore Blvd. project before any work is done. Municipal and Saugeen representatives met on-site in late November and early December after the First Nation raised concerns about the lack of consultation and offered a “reasonable consultation process” proposal, the First Nation and SON said in the Dec. 8, 2020 joint statement.

That followed the results of a special town council meeting Dec. 7 when council voted to carry on with the project, without consulting with the First Nation. In an interview the town’s mayor, Janice Jackson, said there was no informal agreement with the First Nation for consultation before that vote. “It was always going to be up to council,” she said.

On her Mayor’s Facebook page following the council decision, Jackson spoke of the town’s actions to gain approval from other agencies before there was any contact with the First Nation: “After lengthy collaboration with the Ministry of Environment, Conservation and Parks (MECP) and the Grey Sauble Conservation Authority, we were given the green light to move forward. We didn’t expect the Saugeen Ojibway Nation (SON) to demand consultation, as we have never previously consulted them on roadside work on Lakeshore Boulevard,” Jackson said in the Dec. 8 Facebook post.

Jackson said the First Nations have “cited the land claim as the reason we must consult.” She added, “our legal team strongly advised us to carry on with this project as we have no legal obligation to consult and that doing so would be precedent-setting and potentially cause harm to our land claim litigation.”

“We proposed a reasonable process to work towards consent on this project,” Chief Anoquot said, “and, without even reviewing the consultation plan, the town has unanimously decided to go ahead without our consent, without any consultation and without an opportunity for our staff to analyze the information and make informed recommendations that would resolve the issues at hand (parking and safety) and minimize to the greatest extend possible, any impacts to the environment,”

In all the circumstances, including long past, and recent history, the town should have consulted with its First Nation neighbor in a respectful, good-neighbour manner. It could have been done ‘without prejudice,’ a legal term that could have prevented the consultation from being used against the town in the ongoing litigation.

I am confident the Saugeen First Nation leadership would have honored the spirit of such wording, no matter what the lawyers might say.

And where was the Ontario government regarding its obligation to honor its Duty to Consult, and/or advise the municipality?

The Lakeshore Road Blvd project is not just small-scale, road-maintenance, not when such important, underlying issues affecting the peaceful future of the country are at stake. Every possible gesture of reconciliation is precious.

Imagine the difference it could make.

Immigration is good for this good country

canada-mapGeographically, Canada is a big country, the second biggest in the world after Russia, then closely followed in size by the United States, China and Brazil.

However, Canada is not a big country in terms of its population, far from it: on a list of the 50 most populous countries in the world it stands 38th, with a population of 35,362,905. That’s a little more than Morocco, but less than Sudan.

Canada is also widely regarded as one of the most developed and richest countries in the world, a member of the G7 group of the world’s most industrialized countries.

It is also, I think it’s fair to say, regarded as one of the most civilized countries in the world, in the best sense of that word. It has become in the last 50 years especially, one of the most culturally diverse countries where people of virtually every nationality, religion – or none – live together in peace. Continue reading

Celebrating Canada’s diversity

I suppose one of the advantages of getting to a certain age is the view it offers of how dramatically things have changed, in so many ways. Whatever may be happening elsewhere in the world that is troubling and worrisome, my country, Canada, has changed and is still changing for the better. I will go so far as to say it’s surely one of the more hopeful places in the world; perhaps even the hope of the world.

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Toronto, my home town, is now one of the most multicultural cities in the world

Continue reading

“Blue Monday,” no way

Well, so I hear it’s “Blue Monday” today in Canada, the day when the various midwinter factors in this good country supposedly come together to make people feel blue. There’s some truth in it, I suppose. I am after all one who experiences Seasonal Affective Disorder (SADS), a feeling of being somewhat depressed, or “blue.” It’s brought on by a lack of sunlight at this time of year in northern latitudes. Hope Ness is just south of the 45th Parallel, halfway to the North Pole from the equator. The village of Lion’s Head, about 10 kilometres north of here is exactly halfway, by the way. (Pretty place that, especially when the rays of the setting sun shine like gold on the Niagara Escarpment cliffs just across from Lion’s Head harbour.) Continue reading