Kagawong Power tries to set aside water level reporting required by MOE

by Michael Erskine

KAGAWONG-A conference call hearing before a member of the Environmental Review Tribunal (ERT) member took place with all of the members attending by conference call Monday morning, but the decision of the officiating tribunal member was reserved until later this week.

The appeal hearing was held at the request of Kagawong Power, the company which generates power from the outflow of Lake Kagawong through the Kagawong River. The company's president, Emile Masbou, was requesting a stay motion of conditions imposed on the company by the director of the Ministry of the Environment.

Mr. Masbou's appeal was opposed by the Ontario Ministry of the Environment, represented by Melissa McDonald on behalf of the director and by a group of concerned citizens who style themselves as AKWA (Action Kagawong Water Access), represented by Brenda and Joseph Gold, Paula Mallea and engineer Paul Slomke. The hearing was held before Heather Gibbs, vice chair of the Environmental Review Tribunal.

Before Mr. Masbou's argument for appeal was heard, procedural wrangling was put forward by both the MOE representative and Mr. Masbou. Ms. McDonald objected to the late inclusion of documents filed by Mr. Masbou after an extended deadline, arguing that the director had not had time to review the material. Mr. Masbou then objected to the AKWA submission on the same grounds.

It was determined that the document in question from Mr. Masbou, a photograph showing pre-1988 flooding, was not germane enough to the proceedings at this time to warrant inclusion after the date.

It was then determined that Mr. Masbou had not received the appendices to the AKWA submission due to an email glitch until they came Saturday by courier, but that he did have the main submission. Mr. Masbou withdrew his objection to the AKWA submission.

Mr. Masbou's argument in favour of the stay were that the operating range he would have to abide by might cause there to be flooding in the town's main street and that he should be able to take the measurements from the lake proper rather than at the sluiceway some two kilometres downstream from the lake.

He also argued that the director of the MOE does not have the authority to impose the conditions under the Water Act as his operation was grandfathered in and not subject to the act.

Mr. Masbou also objected to the conditions requiring him to construct a website and to report real-time information on that site about water readings. He maintained the information was private and proprietary and should not have to be disclosed publicly (i.e. to potential competitors). He did not object to supplying that information to the Township of Billings per se.

During the hearings, the MOE announced it did not object to Mr. Masbou being granted a stay of the reporting requirements of building and maintaining a website-but that the monitoring, measuring and reporting were within its power to order. The MOE also argued that the ERT did not have the authority to grant a stay on those conditions.

Mr. Masbou rebutted that the powers under which the MOE was requiring him to monitor, measure and report were applicable to discharge of pollutants into a waterway. Since the water he was discharging was of the same quality as that contained in the river below the discharge it was not a pollutant and therefore the conditions of monitoring and reporting did not apply to this situation.

The AKWA submission suggested that the Township of Billings had not practised due diligence in overseeing the drawdown operations because it had never requested information of the power company, as it had the right to do under the permit agreement. The MOE, they continued, did not have the resources necessary to act as guardian of the watershed and needed their help as volunteers to act as proper stewards of the resource.

The group maintained that they were the only ones looking out for the well-being of the wildlife and the environment. "The fish and wildlife have no voice," said Mr. Gold.

The MOE maintained that Mr. Masbou had not shown any significant or irreparable harm was being imposed by the conditions set by the director's order.

Mr. Masbou maintained that the loss of a significant amount of potential drawdown was in fact causing him irreparable harm as that was water that would be gone forever and unavailable for power generation. That generation, he said, would have to be made up from high-pollution coal generation.

The MOE disputed that assertion, noting that only 19 percent of Ontario power would come from coal, the bulk being produced by nuclear power.

Mr. Masbou disputed AKWA's assertions of frozen water lines for cottagers, loss of marsh and wetlands and damage to the fishery as "smoke and mirrors," noting that the group had presented no signed evidence to support their claims.

AKWA in turn did not support the MOE's agreement to a stay on the reporting aspect of the conditions, arguing that without accurate and timely reporting on water levels it would be difficult to correlate issues it says are caused by those lower levels. The lack of historical data available from either the MOE or the township, they maintained, was in fact hampering the organization's research and study of possible impacts.

Mr. Masbou maintained that starting with a higher lake level in the winter would make it more difficult to keep water levels within non-flooding limits come spring, starting as they would from a higher level than would otherwise be the case.

AKWA noted that lower levels on the lake endangered replenishing of the system itself, as higher temperatures and lower rainfalls may not produce the required recharging of the system.

Mr. Masbou pointed to the fact there has been no flooding since 1988, when he took over the power generation contract, as proof that he hasbeen a conscientious and competent steward of the waterway. He pointed out that as a power producer, it was in his best interests to keep the water levels at the highest practicable level. While he could ensure the wetlands and marshes were also recharged, he suggested that could also entail the risk of greater flooding of local homes and businesses.

AKWA and the MOE maintained that the water use permit required equitable use, and that Mr. Masbou has operated since the last renewal a number of years ago without asking for a variance of the conditions, as it was his right to do, so the crisis aspect of his argument was in effect specious.

Mr. Masbou retorted that the prospect of spring flooding was hardly of no concern to those who would be affected.

After hearing two-and-a-half hours of argument, much of which seemed non-germane to the question of the request for a stay, but rather more properly to be presented at the preliminary hearing and/or the hearing proper, Ms. Gibbs reserved judgment on the request for the stay until later this week.

Brent Kells will face trial for first-degree murder charge

by Margo Little

GORE BAY-Zhiibaahaasing First Nation resident Brent Jeremy Kells has been committed to stand trial on a charge of first-degree murder. Justice Louise Serre delivered her decision on the matter in the Ontario Court of Justice in Gore Bay on November 29, 2006.

At that time Justice Serre reiterated that a ban on publication of evidence remains in force.

The charge is related to the death of 25-year-old Maryann Davis on November 27, 2005. During last year's Manitoulin deer hunt, members of the United Chiefs and Councils (UCCM) police service, the Ontario Provincial Police (OPP) and the OPP Northeast Crime Unit were called to investigate a shooting at 304 Sagon Road in Zhiibaahaasing First Nation.

A preliminary inquiry into the incident was held a year later in Gore Bay November 14 to 17, 2006.

After considering the totality of the evidence presented by the Crown, Justice Serre committed Mr. Kells to stand trial. A date has yet to be set.

Previously, the father of the accused, Robert Kells, was committed to stand trial on a charge of obstruction of justice. It is alleged that on or about the 26th day of November 2005, the senior Kells did unlawfully attempt to obstruct the course of justice by burning the clothes of his son. Justice Serre announced that decision November 14, 2006.

The deceased in the murder case was the common-law spouse of the accused, Brent Kells. The mother of two was originally from Providence Bay.

A court order prohibits the press or witnesses from discussing the matter before the courts.

Gordon farmers win national recognition for  environmental excellence

by Jim Moodie

GORE BAY-Gerry and Anna Armstrong of Gore Bay were surprised enough when they were selected as the provincial winners of an Environmental Stewardship Award earlier this year, but news that they had also won the national version of the same award was a jaw-dropper.

The announcement came at a convention of the Canadian Cattlemen's Association in Niagara Falls in August, at which the Armstrongs were in attendance. "We were just sitting there finishing lunch when they announced the winner, and we had no idea," said Mr. Armstrong. "It left us speechless."

The farmer said the experience was "humbling," particularly since they were keeping company at the conference by farmers from across Canada, including "guys who were running herds of 600-700 head out west."

The Environmental Stewardship Award is presented each year to a beef producer "that exemplifies the initiatives that producers across the country undertake in their roles as stewards of the land," according to a press release from the cattlemen's association.

Runners-up for the national award were McDougald Ranches of Saskatchewan, and the Bar LD Ranch, operated by Luc Tellier and family of Alberta.

The Armstrongs, who operate a century farm near Gore Bay, were picked above the other worthy candidates for the innovative irrigation and wetland conservation projects that they have implemented on their land.

"They are a couple of ongoing projects for water management," explained Mr. Armstrong, "involving the creation of ponds and wetlands."

Mr. Armstrong's first major project was the construction of a dam that could capture and control runoff, with the resulting pond being fenced off to promote waterfowl habitat and prevent cattle from accessing the area. The second project was the creation of a wetland swamp, covering about 60 acres, to serve as a water source for pasture irrigation.

Such initiatives are beneficial in two ways, pointed out Mr. Armstrong. "There's the environmental impact, but there is also an economic impact for the productivity of the farm."

He said that winning the award "goes to show that farmers are keen on improving the environment." But it also, in his view, highlights the need for more funding to be freed up for such endeavours. "A lot of time, the farmer knows what to do, but there are financial limitations," said Mr. Armstrong. "If the public at large wants to see environmental improvements, they either have to pay more for their food or more funds have to be made available."

For his projects, Mr. Armstrong was able to access some money through the Wetland Habitat Fund, but "it was very minor," he noted. "It covered half the fencing costs for the first project." The rest of the projects' costs were absorbed by the Armstrongs themselves.

The Armstrongs' cow-calf operation spans about 600 acres, upon which they raise 60 cows (plus calves and yearlings), and 40-50 sheep. Mr. Armstrong returned to Manitoulin 20 years ago to take over the farm, which recently marked its centennial of family ownership.

Gerry and Anna Armstrong and sons pose in front of a timber-framed barn that is taking shape, and now all but complete, on their century farm near Gore Bay.

EDITORIAL

Vigil a reminder that violence remains among us

Each year, as we once again prepare on December 6 to remember the senseless slaughter of 14 women at a Montreal engineering school, we need only look back upon the events of the previous year to see that the violence continues.

It was 1989 that 25-year-old Marc Lapine, armed with a Sturm Ruger Mini-14 semi-automatic rifle and fueled by a hatred of women and affirmative action policies, stormed into Montreal's fcole Polytechnique and cut down 14 young women, wounding 13 others before ending his own life.

Mr. Lapine, as it turned out, was himself the victim of abuse as a child, and so the vicious cycle of violence continued-his experience generating mindless rage and anger, rather than the empathy and understanding it should have.

The names of the slain are spoken in hushed memorial at vigils across the nation each year: Genevi�ve Bergeron, aged 21; HZl�ne Colgan, 23; Nathalie Croteau, 23; Barbara Daigneault, 22; Anne-Marie Edward, 21; Maud Haviernick, 29; Barbara Maria Klucznik, 31; Maryse Leclair, 23; Annie St.-Arneault, 23; Mich�le Richard, 21; Maryse Lagani�re, 25; Anne-Marie Lemay, 22; Sonia Pelletier, 28; and Annie Turcotte, aged 21.

These women, cut down at the very beginning of their promising lives have since been joined each year by hundreds of others-most killed not by strangers, but by those who should have been their greatest defenders, their spouses.

One of the latest instances that springs to mind locally has once again hit the headlines, as the death by shooting of a young woman in the Island's west end is just coming before the courts.

We as a society must band together to do more than hold a candle and remember those who were slain. We must, each and everyone of us refuse to allow this culture of abuse to continue. We must each of us, reject misogynist humour wherever it is found in our lives. We must state clearly and without equivocation-these cannot be allowed to continue in any form.

Today we will light a candle and honour the memory of those who have been victimized in our society, but tomorrow, and each and every day thereafter, we must strive with all our being to prevent such atrocities from happening and hope, beyond hope, that one day we will succeed.

LETTERS TO THE EDITOR

Thanks to Canada World Youth for enriching our lives

Good luck and buena suerte

To the Expositor:

Goodbye snow...hello sunshine.

Who knew that complete strangers could come into our lives for such a short period of time and leave such an impact? Anyone who has come in contact with any member of the Canada World Youth group will understand what I mean. Over the past 10 weeks my family has been fortunate enough to meet all of them in one way or another. When we agreed to open our home to two participants of the program, we had no idea how much fun we would have and how much we would learn. Gracias, Heidy, for teaching Mackenzie that her brother is loco, and how to ask for mass papas! Thank you Jen for any translations that were necessary (although they were few) and for being so great with the kids too! I know that our family is better for having had them in our lives, and I think that this community is a better place for having these youth volunteering and sharing with us. And now, as you all leave the snow and head for the sunshine, I only hope that you will remember us as fondly as we will remember you! Good luck and buena suerte.

Melanie, Given, Mackenzie

and Jared Cortes

Little Current

Reader applauds efforts of M'Chigeeng chief and council

For far too long our children have been used against us by government

To the Expositor:

RE: "M'Chigeeng chief defends role on wind farm board," November 29.

I am writing this in response to the article in last week's story titled "M'Chigeeng Chief defends role on wind farm board." I am a M'Chigeeng First Nation band member as well as a youth of the community. I have always been a strong supporter of any new initiatives that will benefit the community in future years to come. This forward thinking approach also commits to a better future for our children.

For far too long, our community has been on hold, and I would like to commend our current leadership for finally doing something. I know I do not represent the entire population of M'Chigeeng First Nation but I do know that I represent quite a few who support the initiatives of this term's band council. There have been a number of great things that have happened within our First Nation since the last election. Job creation, construction of new homes, a significant decrease in the amount of children being taken away from their families, and the creation of a wind power farm are among the many positive effects that M'Chigeeng First Nation has succeeded in. With leadership like this, M'Chigeeng First Nation will set a precedent for the First Nations across Canada.

In fact, I am personally aware of a Tlicho first Nation Chief who has used M'Chigeeng First Nation as a positive example regarding the reclamation of jurisdiction of our children. Further, a recent study shows that there are more than 27,000 First Nations children in care today and that amount represents three times the number of children that were in residential schools at the height of their operations. For far too long our children have been used against us by the government as well as used as funding sources for the Children's Aid Societies across Canada. I am extremely pleased as to the stance M'Chigeeng has taken and its commitment to work with the families of our First Nation. This clearly shows the First Nation's commitment to our children and ensures that our future leaders are taken care of.

We elect a band council who we feel will best benefit the community. I think the people of M'Chigeeng have clearly done so in that regard. It is not an easy feat being part of the makeup of an elected body. You are faced with major decisions that will have either positive or negative effects on the community. These decisions must not be made hastily but made after all angles are addressed. It is impossible to satisfy everyone, but one cannot go wrong with a decision made with the best interests of the community in mind.

In my opinion, the creation of a wind farm is in the best interests of the community. With respect to the construction of the turbines, studies have been completed that show the prime locations for the turbines. I think it is common sense to put the turbines where it would be most beneficial. I don't think a person would plant a flower that requires sunlight under a spruce tree and expect it to grow.

We as a First Nation community cannot always depend on the government, especially one as unpredictable as the current one. We must take steps to ensure the future of our people. We cannot just sit around and let the Indian agents make the decisions for us. This has happened in the past and it simply did not work. I commend the leadership of M'Chigeeng First Nation in all their decisions and their continuous forward actions for the protection and betterment of our people.

Linda Debassige

M'Chigeeng First Nation

Hunting is a part of Island culture

Get used to it!

To the Expositor:

RE: "Deer 'hunt' is actually slaughter," letters, November 29.

There's more to hunting than you think. You've got to get used to hunting if you live on Manitoulin-it's part of our culture and living. No-one's going to listen to you or change their opinions on hunting. Everybody needs to eat and there's  a lot of things you can do with venison cheaper than buying other meats through out the winter. Sometimes it's hard to get a deer without using excessive amounts of your time and you need to coax them out. Hunting can be a challenge-most deer are smart and you need to outsmart them. If you can think of a better way to 'hunt' you just let us know.

Krista Harper

Gore Bay