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Wiky
crash Three die in tragic car accident
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by Michael Erskine
MANITOWANING---Three people were killed and two people were
injured in a tragic motor vehicle collision between a tractor
trailer and a pickup truck at High Falls last week. The accident
occurred at 10:30 am on Tuesday, November 27, 2001. Four people
were in the pickup truck. The driver of the pickup truck, 58
year-old Joseph A. Shigwadja of Orillia, was killed, as were
passengers 62 year -old Rosalind M. Corbiere of Wikwemikong
Unceded Reserve and their great-granddaughter four year-old
Mabel Philomene Corbiere. Mabel's mother, 19 year-old Chastity
Corbiere survived the crash and is listed in stable condition
in the Manitoulin Health Centre in Little Current. The driver
of the tractor trailer, 51 year-old Harold Hodgson of Brandford,
Ontario sustained minor injuries. The accident closed Highway
6 for nearly 16 hours, the highway finally reopened at 2:30
am Wednesday morning. Ministry of Environment spill containment
crews were still dealing with a diesel spill from the tractor
trailer Thursday. "The spill was contained and has not entered
the creek at High Falls," said Constable Boyd. "That at least
is good news." The accident was described by Constable Al Boyd
of the Manitoulin Detachment of the Ontario Provincial Police
(OPP) as "...one of the worst accidents I have seen in my career.
Everyone did everything they possibly could to help. In the
end, it just wasn't enough." The cause of the accident is still
under investigation, with mechanical checks being conducted
on the tractor trailer. "It will probably be a week or so before
we have the answer to what actually happened," said Constable
Boyd. In a sad and poignant connection to the season, the tractor
trailer was carrying Christmas trees to the south east area
of the Island.
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M'Chigeeng
election results under scrutiny
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by Neil Zacharjewicz
M'CHIGEENG - Glen Hare is not the chief
of the M'Chigeeng First Nation. At least, that is how the Department
of Indian and Northern Affairs Canada (INAC) sees things. "The
Department of Indian Affairs does not recognize our election,"
stated Chief Hare, referring to the September 29th band council
election. "No, they do not conform with the Indian Act," confirmed
Doug Forbes, Associate Regional Director General for INAC. In
a letter to the M'Chigeeng band council dated September 19th,
and received by council on September 25th, he stated it was
his understanding "your First Nation is still opting to conduct
their next general election outside of the Indian Act." Band
councils can seek approval to have a custom election from INAC,
which is an election outside of the regulations found under
the Indian Act, with its own rules determined by the First Nation
itself. However, these regulations must conform to other government
regulations and legal precedents. "I can only reiterate what
has been stated by officers of this department and that is,
if this election is conducted as proposed, the Department of
Indian Affairs and Northern Development will be unable to acknowledge
the results of the election. This, then, will create a situation
whereby your First Nation, after the 27th of September, 2001,
will be without an elected body recognized by the department,"
Mr. Forbes stated in the letter. "If this transpires, it will
be necessary for the department to implement an alternative
process to ensure that essential services to your membership
are maintained. Major capital projects will similarly need to
be included in these considerations." According to Mr. Forbes,
the election did proceed outside of the Indian Act legislation.
He explained INAC and the band were in negotiations for a custom
election, which would allow the community to conduct elections
outside of the rules of the Indian Act. He indicated the M'Chigeeng
First Nation had presented the department with its proposed
election code. "We reviewed the code they had put together,
and determined it would not be submitted to the Minister (Bob
Nault) for review because it was not compliant with the Corbiere
Supreme Court decision and the Canadian Charter of Rights and
Freedoms," Mr. Forbes said. The concern, he suggested, was over
the issue of allowing off-reserve band members the right to
vote. While the M'Chigeeng proposal called for off-reserve members
to return to the community to vote, the department made several
suggestions as to how this could be improved. However, the M'Chigeeng
First Nation refused to make any changes, and proceeded with
its advanced polls on September 27th. Mr. Forbes indicated the
letter to band council was simply to explain he was concerned
about the issue. However, prior to the election, the First Nation
did take steps to ensure government funding would continue to
flow into the community, Mr. Forbes noted. He explained the
First Nation appointed two trustees to look after the affairs
of band council, which the band is within its rights to do under
its funding agreement with the federal government for a term
of up to one year. These trustees are responsible for conducting
the band's day-to-day business. He noted, however, the band
council cannot apply for new capital funding, and that only
funding for existing projects will continue to flow. "We will
continue to honor the funding agreement," Mr. Forbes stated.
He further explained the two trustees appointed by the band
are Alfred Debassige, the band administrator, and Penny Roy-Corbiere.
He said both are astute people who are not in positions of political
power. Chief Hare said while INAC may not recognize him as chief,
his community still recognizes him as the official chief. "I
am chief, and we have a council that the community voted for,"
he stated. "The community spoke. I have the recognition from
council." He added the Union of Ontario Indians (UOI) has also
officially stated it will continue to recognize him as the chief
of the M'Chigeeng First Nation. Chief Hare also explained band
council does have faith in the two trustees it appointed. He
noted both individuals have been responsible for band finances
for over 15 years and are very capable. Presently, the M'Chigeeng
First Nation's case is before the court system. The band is
hoping to overturn INAC's decision disallow the custom election.
Chief Hare indicated, and the band is hoping to receive direction
in the early part of the new year as to what will happen with
its case. In August, Chief Hare had stated the band was negotiating
with INAC on the issue of a custom election, and the only issue
which the parties could not come to agreement on was the issue
of offering mail-in voting. Chief Hare stated the band wanted
its members to come to the community to vote, and noted the
band had been developing its custom election for three years,
before the Supreme Court had ruled in the Corbiere case. Band
council's legal counsel, Susan Hare, explained the band had
expected this sort of action from INAC all along, and had set
up the trustee agreement prior to the election. She noted council
still makes the decisions, and the trustees simply carry out
council's wishes. The advanced polls were put in place to deal
with the issue of off-reserve voters who could not attend on
the evening of the election, as well as to allow an opportunity
for students and moose hunters to exercise their right to vote.
At council's most recent meeting, she explained, Councillor
Terry Debassige and Ms. Hare were appointed as members of a
public relations committee to deal with the issue, and will
be issuing a further statement to the media in the near future.
Ms. Hare did note the Examinations for Discovery, part of the
pre-trial process, will take place on Friday, December 7. After
that, there will be another opportunity for the two parties
to share documentation before a trial date is set. "I am really
hoping to have a date in January," Ms. Hare stated. Of the 600
First Nations in Canada, approximately 200 band councils are
elected by custom election, Ms. Hare noted. Presently, no other
First Nation has a band council which is not officially recognized
by INAC do to concerns about the election process. However,
she did note that the Walpole Island First Nation, as well as
a First Nation in western Canada, have included the issue of
custom elections in much broader governance actions against
the federal government. Ms. Hare did note while INAC does not
officially recognize Glen Hare as the chief of M'Chigeeng, government
officials have recognized him as the Robinson - Huron Grand
Chief. However, she pointed out in order for him to qualify
for the position of Robinson - Huron Grand Chief, he must first
be elected chief of a band council
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Rainbow
District School Board overview suggests a massive budget shortfall
in next few years
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by Michael Eskine
SUDBURY---Rainbow District School Board trustees
were given a financial overview by the Board's financial department
last week and the future looks grim. A shortfall in this year's
budget was covered by the Rainbow District School Board through
the use of reserve funds, an option which is not practical for
next year. Although the numbers presented to the trustees by
Rainbow District School Board Financial Officer Larry FitzPatrick
were based on the current funding formula and may be subject
to change, the chances of improvements to the formula are slight,
said Rainbow District School Board Chair Doreen Dewar. "We have
to expect more of what we have been getting," she said. "In
other words, we can expect less, not more." According to Ms.
Dewar, declining enrollment and a lack of cushioning in the
system are the main factors contributing to the cash crunch.
"Our numbers are going down every year, and the money we get
from the province is based strictly on the numbers," she said.
"And projections of those numbers over the next two to three
years show the trend will continue to be towards lower enrollment."
"I presented to the board what I see to be the situation facing
us over the next few years," said Mr. FitzPatrick. "The less
you have the less you get. Which in some ways, of course, makes
sense. The problem is the costs associated with educating students
do not go down in direct proportion to the number of students
attending a school. You still have to have a janitor, you still
have to heat the buildings and maintain them. The costs do not
immediately drop, but the funding does." Mr. FitzPatrick said
he traces much of the difficulty facing the Rainbow District
School Board, and other areas with declining enrollment to the
fact there are no cushioning adjustments to allow for declining
enrollment. "Under the old formula we would have a grace period
in which to adjust to the new lower numbers," he said. "That
disappeared under the new formula." Coupled with a lack of funding
for full-time senior kindergarten, the prognosis is that the
Rainbow District School Board is faced with a serious shortfall
in the money needed to do their jobs properly. "We are robbing
Peter to pay Paul," said Mr. FitzPatrick. "We know from numerous
studies which have come out over the past few years that the
earlier you get students the better, and the Rainbow District
School Board has determined full-time senior kindergarten is
too important to let go." Rainbow District School Board's Manitoulin
representative Larry Killens was very alarmed after the overview
meeting. "I have a major concern that people do not fully understand
the ramifications of the lack of and unfairness of government
funding in education," he said. Mr. Killens outlined a number
of what he referred to as obvious issues including: "In order
to receive money to pay for a principal for an elementary school
you must have an enrollment of 365 students. If you do not have
that many students in an elementary school you still require
a principal, but must pay for him/her out of other funds," he
said. "In the Rainbow District School Board area 88 per cent
of our schools are not large enough to pay for a principal,"
he pointed out. Although one principal per 365 students is funded
by the province in the new funding formula, an accumulated shortfall
in students at each school adds up to an inadequate number of
principals. "Not only that, but in the Rainbow District School
Board area, 76 per cent of our schools are not even large enough
to accommodate 365 students," he said. Although funds are available
to build new larger schools to house greater numbers of students,
Mr. FitzPatrick said the formula would not be triggered unless
all of the Board's excess spaces were filled. "With over 5,000
surplus spaces in the schools we have across the Board, it is
a real 'Catch-22' situation," he said. Similar situations exist
at the secondary school level. "In the secondary level, 70 per
cent of our schools do not have enough students in them to afford
a principal," said Mr. Killens. "In the Rainbow District School
Board area 50 per cent of our secondary schools do not have
enough room to accommodate 900 students." Mr. FitzPatrick said
the average school size in southern Ontario runs between 1,000
and 1,500 students. Finally, Mr. Killens pointed to the $5.00
per student allotment for school office supplies and services.
"Any extra expense must be taken from other funds. I will not
insult your readers intelligence to explain how far $5.00 will
go." Mr. Killens said the huge pay increases given to MPPs,
the $6 million paid in advertising to inform the public about
the great job they are doing, the $3,500 tax credit for private
schools, a corporate tax cut he pegs at $3.5 billion, and millions
more he said are wasted on evaluating the education system which
stresses out teachers and students already reeling from a lack
of books and oversized classrooms. All of these conditions are
adding to the "Have" and "Have-not" gap in the province, he
said. "This current government constantly plays the same old
music about how important and crucial an early education is
to our future generations," he said. "Yet they fund only one-half
of senior kindergarten." Mr. FitzPatrick also said the Rainbow
District School Board has to deal with a real-dollar funding
cutback. "Inflation was two per cent in our area over the last
year, the government only gave us 1.7 per cent, while at the
same time we are in a period of declining enrollment. The result
is our grants have actually dropped during a time when our expenses
are rising." The Rainbow District School Board must wait for
the final funding formula to be released before it can prepare
a preliminary budget, said Mr. FitzPatrick. A first draft of
the budget will probably be in trustee's hands by April 1st.
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