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Police seek Island firebug
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by Neil Zacharjewicz
NORTHEASTERN MANITOULIN and the ISLANDS - A rash of low-key fires in
the Sheguiandah area has fire fighters on the look out for a firebug
in the Town of Northeastern Manitoulin and the Islands.
"We have a little arsonist on our hands," stated Town of Northeastern
Manitoulin and the Islands (NEMI) Fire Chief Rick Milne.
Mr. Milne indicated the fires in question, generally, were grass and
fence fires causing little damage. However, there was also a
structural fire and three abandoned vehicles that were also set
aflame. He said these incidences may or may not be related to the
arson investigation, but added there is some reason to believe the
abandoned vehicle fire may be related. He indicated he is fearful
this might mean that the arsonist is graduating up to larger fires,
and noted that the Ontario Provincial Police (OPP) have been called
in to investigate.
"We really don't have anything to go on," Mr. Milne stated. "It is
very sketchy."
The NEMI Volunteer Fire Department have identified approximately 11
instances potentially related to the work of the arsonist. The first
of these instances occurred on May 3, at approximately 6:20 pm, on
Bay Estates Road. The next day, at approximately 12:30 am, the
department responded to the second potential incident at the
Sheguiandah First Nation Pow Wow Grounds.
The third potentially related incident occurred four days later, on
May 8 at approximately 7:25 pm on Morphet's Side Road and McLean's
Mountain. The department was called out again the next day to the
fourth potentially related incident at 10:30 pm on Green Bay Road.
On May 15, the department responded to potentially a fifth incident
of activity by the arsonist, when they responded once more to another
call on the Green Bay Road at approximately 7:30 pm. Then, on May 21,
the sixth potentially related incident occurred once again on the
Green Bay Road at approximately 8:45 pm.
Another incident believed to be related to the work of the arsonist
occurred on May 23, this time on Burnett's Side Road at approximately
6:15 pm. The next day, the fire department responded to a false alarm
from a payphone at Green Acres in Sheguiandah at approximately 5:05
pm.
On May 30, the department responded to the incident which could
potentially mark the graduation of the arsonist to a higher level,
when three abandoned vehicles were set on fire on Pepper Point Road.
The firefighters responded to this call at approximately 11:24 pm.
Since the beginning of June, the department has responded to two
calls believed to be related to the work of the arsonist. The first
occurred at approximately 8:30 pm on June 5 on Burnett's Side Road.
The second indicated was on June 6, at approximately 6:30 pm on Green
Bay Road.
In addition to being a nuisance, it costs the taxpayers each time the
fire department is called out. The estimated cost for responding to
the 11 calls potentially linked to arsonist total approximately
$5,500. Mr. Milne noted he is concerned that, as summer progresses,
things may begin to dry up and things could get worse. He said that,
when it comes to arsonists, there is a tendency for them to graduate
up to larger fires.
"I think that the community is concerned: where are they going to
strike next?" he said.
Mr. Milne indicated he does not want the community to be paranoid."
"We are looking for leads," he said.
The NEMI Volunteer Fire Department is asking anyone who has any
information to contact Crimestoppers at 1-800-222-TIPS (8477).
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Governance series part II
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EDITOR'S NOTE: In April of 2001, the Government of Canada
proposed an
initiative in which an Act of Parliament referred to as the
First
Nations Governance Act (an act that would set out in law how
First
Nations are to be governed), would repeal those sections of the
Indian Act that deal with governance. This four-part series is
exploring what is actually contained in the proposed
legislation.
This second article will examine the legislation's proposals for
band
governance codes.
by Michael Erskine
The process of comparing the position of the two sides in the
debate
on Bill C-7, the First Nations Governance Act, is basically
impossible. The leaders of all of the national Aboriginal
organizations object to the bill as an intrusion on their
inherent
rights, and therefore immoral, if not illegal. This argument,
with
slight variation, runs consistently throughout the positions of
the
Assembly of First Nations, the Chiefs of Ontario and the United
Chiefs and Councils of Manitoulin.
The first section of the proposed Act deals with Band
Governance. It
states: "The council of a band may, in accordance with the
regulations, propose any of the following codes for adoption by
the
eligible voters of the band." It goes on to list a leadership
code,
an administration of government code, and a financial management
code.
Although it is not generally clearly mentioned in First Nation
objections to the Act (although often alluded to in their
leaders'
speeches), the phrase 'in accordance with regulations' means
simply
that the Ministry of Indian Affairs will set the rules governing
these codes at the Minister's discretion. Under the
parliamentary
system of government, the Minister could essentially set the
rules
himself, although spokespersons for the Department of Indian
Affairs
(DIA) insist this would be done 'in full consultation with the
First
Nations.'
The DIA also insists that Bill C-7 is being moved forward with
consultation.
At the present time many of these regulations have not yet been
determined, the same can be said of the codes that will be
imposed on
bands, should they not enact their own codes. That process will
begin
once Bill C-7 is passed.
In order for a band code to be in force, it must be in writing,
meet
with regulations to be set by the government and approved by a
majority of the eligible voters of the band who participate in
the
vote. At least 25 percent of eligible voters must participate in
the
vote.
This will also mean that off-reserve members will have a voice,
as
the DIA insists in a strict interpretation of the Corbiere
decision
of the Supreme Court and requires a mail-in ballot process be
adopted
in any voting procedure.
M'Chigeeng's Chief Glen Hare and his council were elected under
a
custom code that has no such provision. The Government of Canada
has
refused to recognize their election. Both parties are currently
at an
impasse, locked in a court battle over the matter.
The leadership code must, according to the provisions of the
act, set
out the number of members who sit on council, establish method
of
their selection (at least a majority of which must be elected),
set
their terms of office (not to exceed five years for elected
members),
set the qualifications for who is eligible to vote, run and
nominate
council and requiring the vote be held by a secret ballot.
The leadership code requirements also must have provisions for
filling council vacancies, establish grounds and procedures for
challenging election results and a grounds and process for
removing
members of council and what constitutes election fraud.
The code must also include a procedure for amending the code, as
do
all of the codes required by the Act.
If a band is to set its own custom rules for this code, it must
do so
within three years of the passage of the bill. The original
proposal
was for a two year limit, it was amended 'under consultation' to
three years before being presented. If a custom code is not
adopted
within that time frame, the government will impose its own
rules, as
set by regulation.
Newly created bands must have codes that meet these criteria
also.
The rights of all members must be taken into account and
respected,
but their interests may be 'balanced.' The code specifically
mentions
on and off-reserve members in this section.
As to administration of government, the code must include rules
for
band meetings, including their frequency (not less than once a
year),
the method such meetings are to be called and publicized, how
members
are to participate in meetings, and the keeping of meeting
minutes
and how they are to be accessed by band members. The essential
same
rules are to be set for band council meetings.
The administration code must include rules for the development,
making and registration of band laws. In particular these must
include reasonable public notice, set the procedure for council
to
make laws and for the keeping of a band registry of all of the
bands
rules and laws.
The administration code must also set out the roles and
authority of
band administration, and its relationship to council.
There must be rules on conflict of interest, for councillors and
employees, and a way for members to access information
controlled by
council that protects personal information while setting the
regulations for access to information about individuals about
the
individuals themselves.
Under financial management and accountability, codes must be
established that cover the preparation of an annual budget for
each
fiscal year, its adoption and presentation to members in the
final
quarter of the preceding year.
This code must cover the control of expenditures of band funds,
including financial signing authorities, as well as setting out
internal controls on deposits, asset management, and the
purchase of
goods and services, including the manner of tendering contracts.
The code must cover the lending of band funds to anyone, or the
making of loan guarantees by the band to persons other than band
members and how funds lent will be repaid and collected.
The financial management and accountability code will set how
council
and employees will be paid, the incurring of band debt and how
it is
managed as well as the management of any band financial deficit.
Rules governing financial management set out a requirement that
band
accounts must be maintained and financial statements prepared in
accordance with standard generally accepted accounting
principles of
the Canadian Institute of Chartered Accountants.
They also call for an audit under that body's principles by an
independent auditor who is a member in good standing of an
association of auditors of a province.
The band's financial statements must include a schedule setting
out
remuneration and expenses paid to members of council.
The rules state the band's financial statements must be made
publicly
available within 120 days after the end of the fiscal year. A
copy
must be available on request for a reasonable fee.
The rules call for a financial breach and management plan in
which
provisions must be made either in the code or regulations which
will
assess the band's position in the event of a significant breach
of
the band's financial regulations and develop a recovery plan
that
must be presented no later than 45 days after the breach becomes
known to council. After that, quarterly reports on the plan must
be
made until the matter is remedied.
The Act allows the Minister to carry out an assessment of a
band's
financial position, and if he considers it necessary, require
remedial measures be taken when any of the following become
known to
the Minister: a deterioration of the band's financial health
that
endangers delivery of essential programs and services or the
denial
of an opinion or an adverse opinion by the band's financial
auditor
on the band's financial statements.
The rules also set out guidelines for complaints and how they
will be
redressed.
The band must, by band law, appoint an impartial person, or
body, to
fairly and reasonably quick look at any complaint by a member of
the
band or resident of the reserve who alleges a breach of code by
council or a band employee or contests any decision made against
that
member by council or a band employee when using their given
powers.
That person cannot have a conflict of interest involving family,
financial or personal interests in relation to the issue being
adjudicated.
The band's regulations must give the adjudicator appointed the
power
to determine if the breach indeed did occur and to order action
to
correct any breach found or to order the council or employee to
reconsider their decision. The adjudicator rule does not apply
anywhere a code already has a route of appeal outlined.
The decision of this ombudsman would be provided in writing to
the
person with the complaint and to everyone who the compliant is
lodged
against.
The band council must make all of its rules, policies,
directives and
regulations available to all of its members and residents, and
it
must also include information on any programs and services it
has
available.
The band can withhold any money it owes to a member of the band
if
that person owes the band money, except for any fines imposed
for
disobeying a band law.
Finally, Part One of the Governance Act protects members of a
band
council or employee from civil action arising from anything they
have
done (or failed to do), as long as that action (or inaction),
occurred in good faith.
The First Nations argue that the imposition of the 'temporary'
First
Nation Governance Act is treating them like a municipal
government,
placing them into a subservient position to the whim of the
Federal
government, whereas in internal matters they should stand as an
equal
partner, as do the provinces, within the federal system. The
Canadian
Constitution and the decrees of British monarchs upon which much
of
the country's historical law-making is based would suggest that
they
are right. The Federal government and the Supreme Court has
indicated
that they also hold this position.
Next week's installment of this series will relate Part 2 of the
First Nation Governance Act, that part dealing with the
law-making
legislative abilities 'conferred' on First Nations by the Act.
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Hawfest to go smoke-free |
by Cheryl Waugh
LITTLE CURRENT --- The Hawfest dance will be smoke-free this
year
after NEMI council passed the non-smoking bylaw at its meeting
last
week, but didn't pass a requested reprieve of the bylaw for the
Lions
Club.
Bruce Burnett, Haweater chair, attended council on Wednesday to
ask
for a two-year reprieve of the bylaw for the Hawfest dance, a
major
fundraiser for the Little Current Lions Club during Haweater
Weekend.
In a presentation to council, Mr. Burnett explained that the
Club is
responsible for 1,200 people on that night, and the feeling is
there
is not enough time to put a plan in place this year for an
outside
smoking area. Nor does the Club feel there is enough time to
advertise the fact that the event is non-smoking, he said.
"The rules to the Adult dance on Saturday are, one you are in
you
cannot leave the arena," said Mr. Burnett. "We are unable to let
any
of these people leave and then come back in, we are only asking
for
trouble."
He also explained that a fenced-in outdoor area for smokers
would be
unlikely to work since gatecrashers might hop the fence.
"We don't think we'll be able to police it as well as we could,"
said
Mr. Burnett. "We work with the town very closely. We're the
biggest
service club around and we do a lot of work in town. If we could
get
a two year or even one year reprieve it would make all of our
lives a
lot easier. I think we'd lose a lot of revenue by making Hawfest
smoke-free this year."
Councilor Al MacNevin said that he would like to see the Club
work
with Town Recreation Director Greg Wright to work out possible
solutions to allow smokers to go outside. He explained that the
impact of smoking in a building, especially one that is not
well-ventilated, such as the Little Current Howland Recreation
Centre, where Hawfest takes place, lasts for weeks.
"The principal of what we're trying to accomplish is to make all
of
our buildings 100 percent smoke-free. Our buildings - it's our
responsibility in response to a major health concern," said
Councilor
MacNevin. He said if council granted the reprieve it would only
be
procrastinating. As well if council did that "other people will
be
coming forward with their events. The Junior A people, etc. We
will
never see the end of it. I understand your concerns," said
Councilor
MacNevin to Mr. Burnett, "but I'm not prepared to take it to
2005.
And, you can't have 50 percent non-smoking in an area without
ventilation. I would prefer that we work with the Lions to get
this
event non-smoking."
Both Councilors Bill Koehler and Carl Ziegler were in favour of
allowing the Lions Club to have a one year reprieve.
"There's nothing in the ads about the event being non-smoking. I
can
see how it will be a problem for them," said Councilor Koehler.
However, Councilor Jim Stringer noted that the Club has two
months to
make preparations. "Arrangements can be made," he said.
Mayor Ken Ferguson added that he was "disappointed" that council
would start backing off the non-smoking bylaw now. "It's a
health
issue, there is no other issue," he said. "I would like for the
town
to maintain this building as non-smoking. It's going to be with
us
whenever we do it. The sooner we start the butting-out the
sooner we
start to improve the health of our attendees."
The issue to allow for a one year reprieve for the Lions Club
for
Hawfest went to a recorded vote and was defeated 3-5.
Voting in favour of the reprieve were Councilors Koehler,
Ziegler,
and Ron Lewis. Voting against it were Councilors MacNevin,
Stringer,
Ann McGregor, Kathleen Bowerman, and Mayor Ken Ferguson.
Councilor Marcel Gauthier, who is a member of the Little Current
Lions Club, declared a conflict of interest and did not vote.
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Riders and fans gather from across the province for
Providence Bay |
by Michael Erskine
PROVIDENCE BAY---The roar of hi-performance engines echoed
across the
Providence Bay fairgrounds last weekend, as nearly 60 riders
from
across the province 'grabbed some air' while hurtling around the
dirt
track on motocross bikes and four-wheeled quads at literally
break-neck speeds in the Island's first Canadian Motocross
Racing
Commission sanctioned races.
"We are really pleased with the turnout and how successful the
day
has been," said Keith Legge, a director of the Providence Bay
Agricultural Society that sponsors the event.
If you didn't get out to the races on Sunday, despair not, for
this
was just the first in a triad of Island races to take place this
summer. Another opportunity to view this exciting sport will
take
place July 27 and August 19.
Tammy Elomaa, an associate director with the Providence Bay
Agricultural Society, and one of the organizers of the event,
joined
Mr. Legge in praising the work of Rob Sheppard, the man who
built and
prepared the track.
"He really deserves a special thanks," said Ms. Elomaa. "He has
done
just a wonderful job for us."
The race day began with a riders' meeting at 8 am for the
participants, ensuring everyone knew the ground rules before the
races began at 9:30 am. From then until 4 pm it was nearly a
non-stop
revel of roaring engines and drifting dust.
Driving music from the speakers of Dupont's Guitar Shop, of Val
Caron, added to the excitement of the day, helping to set the
atmosphere for the event and providing an exciting variation to
the
howl of engines.
"I like to use a wide selection of music," said DJ Rick Dupont.
"That
way there is something for everyone."
While there appeared to be no age limit on appreciating the
sport,
with fans of all ages in attendance, young knees do seem to be
an
asset for the riders, who tend to be dominated by the
20-something
generation. Riders as young as seven made their way around the
track
in age-category events.
Engine sizes ranged from 50cc to 250cc, propelling riders 25 to
30
feet into the air as they negotiated the humps and jumps on the
serpentine course carved in the sandy soil of the fair grounds.
For the fans and riders, the chance to gather with like-minded
people
is almost as big an attraction as the heart quickening races
themselves.
"It's a good group of people," said M'Chigeeng physiotherapist
Derek
Debassige, who was taking a break between rides. "You see a lot
of
the same people at these events and we form our own little
community."
Mr. Debassige was racing in the 250cc Junior and 250cc Grand
Prix events.
Neil Debassige has also taken up the sport, and traveled back to
the
Island to try his hand in the 125cc beginner category.
"I am going to try three or four more races before I move up,"
he
said confidently.
For Derek Debassige the races have another important draw.
"It's nice when you win too," he laughed. "It feels good."
Ian Hayden, of Espanola, knows about winning. He is the only
current
professional motocross racer to come out of Northern Ontario.
"It's a great sport," he said. "We all get along really well."
During the interview, Mr. Hayden was examining a blown piston
which
nearly cost him his last race. It was only 15 minutes before he
was
due to give a demonstration of professional riding techniques,
but in
true professional fashion he was taking it all in stride.
"No stress for this kid," he laughed. "Fifteen minutes is plenty
of
time to change a front-end."
Mr. Hayden would be spending the rest of the race on a younger
racer's machine that had suffered a collapsed front suspension,
the
two riders combined their two disabled bikes into one solid
vehicle
for both of them to share. Luckily, they were competing at
different
levels on the same class of machine.
The only downside for the young racer was that threatening
clouds had
yet to release much water to turn the dirt into mud.
"It helps to keep the dust down," he laughed.
Motocross racers and their fans are a hearty breed indeed.
A smaller part of the race day events involved four-wheeled
quads,
with a group of local riders making up the entire field. The
races
later this summer will see a big increase in the number of
participants in the quad events.
The grace and poise of the young riders as their machines
hurtled
into the air and churned clouds of dust up as they spun adroitly
around tight bends combined with the roar and excitement of high
performance engines to make the Providence Bay races an event
that
will undoubtedly grow with the passage of time.
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