JUNE 18, 2003 ARCHIVE
 
 
 

Credit Union may be in strike position as early as Monday


by Neil Zacharjewicz
MANITOULIN - Staff with the Espanola and District Credit Union may be
headed for the strike lines as early as this Monday.
Negotiations between the Espanola and District Credit Union and the
Communications, Energy and Paperworkers Union of Canada (CEP) Local
74-1 were continuing this week, after the union filed a 'No Board'
report earlier this month.
Bill Elliott, chair of the credit union's board of directors and a
member of the negotiating committee, did note that three more days of
meetings were planned for this week. He did confirm that the staff
may be in a position to strike sometime next week. Mr. Elliott,
however, declined further comment insisting he did not want to
negotiate a contract through the press.
In a letter to members of CEP Local 74 and 74-2, President Ken
Duplessis encouraged members who were also members of the credit
union to turn out and show support for their sister local at the
Espanola District and Credit Union's annual general meeting slated
for June 17. The letter stated anyone interested in attending could
contact the members of the CEP union executive for further details.
The letter stated the negotiating committee was having difficulty
with management with regard to language to address harassment,
provisions to recognize seniority with respect to promotion, a roll
back of sick days, renegotiating language that was part of the
original agreement, and the fact that no discussion has been held
with regard to monetary issues.
"Should a strike occur, a time will be chosen to allow CEP members to
cross the picket line to arrange their financial business," the
letter stated.
Union officials indicated the employees voted in favour of a strike
on May 30, and are officially in a position to strike on June 23.
Negotiations are expected to continue today, tomorrow and Friday. The
Espanola District Credit Union maintains offices in Espanola, Little
Current and Gore Bay.

 

Governance series part III

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 third article in the series will examine the legislation's
proposals for powers of band councils.
by Michael Erskine
The First Nation Governance Act may have died on the table last week
with the end of this session of Parliament when the House adjourned
for the summer, but it will undoubtedly be resurrected when the House
reconvenes later this year.
Part II of the proposed Act, begins with an outline of the legal
capacity, rights, powers and privileges of Band governments.
A band, according to the Act, has the legal right, capacity, rights,
powers and privileges of a natural person, including the right to
enter into contracts and agreements; acquire, hold, and dispose of
rights and interests in property; raise, expend, invest and borrow
money; sue or be sued, and to do anything which comes along with
exercising the bands powers (for example hiring lawyers).
The Act states that band councils act for the band in exercising these powers.
Although First Nation leaders criticize the Act as 'incorporating'
bands, and the language does sound that way, the Act specifically
states that the powers in that section don't affect the legal status
of the band and "do not have the effect of incorporating the band."
The Act further states that the powers outlined above do not affect
any interest the band has in reserve lands held by members of the
band 'in common' or the application of that Act in respect of those
lands or moneys.
Under law-making powers, the Act allows for bands to make laws for
local purposes enforceable on reserve lands in relation to the health
of residents and the prevention of injury to persons; prevention of
damage to property; activities in public places; the provisions of
services by or on behalf of the band; local works, public utilities
and waste management; the zoning, use and development of land and
buildings on the reserve; nuisances, including unsightly property;
the construction maintenance, repair, alteration, removal, demolition
and abandonment of buildings other structures and infrastructures and
their use; residential tenancies, including the ability to evict
people; traffic; regulation of businesses; keeping wild and domestic
animals, except fish; the observance of law and order; the
prohibition of the manufacture and sale of liquids "which could cause
inebriation;" the sale of licenses relating to all of the previous
activities and anything else which comes from exercising these powers.
This list is in large part the source of complaint that the Federal
government is trying to turn reserves into municipalities.
These powers are superseded by any Act of Parliament where a conflict
between Canadian Law and the laws of the band conflict, to the limit
of where they are in conflict. This holds true for all of the law
making powers mentioned in the Act.
The band may also make laws for conservation of natural resources
within its territory, other than fish and wildlife or any resources
which the band has surrendered under the Indian Act. Oddly enough,
the Act then goes on to include laws regarding the protection and
conservation and management of fish and wildlife in the next section.
The band can also pass laws for the preservation of culture and
language of the band, consequently in theory and at first blush, each
band could institute their own language bill a la Quebec. However, as
the Bill of Rights and Freedoms power granted to the government to
enact laws 'not withstanding' is not specifically extended to First
Nations, it would probably fall to the courts to extend such powers.
The band can institute local laws which deal with trespassing and the
residence of person on the reserve; the survey of lands and their
allotment to reserve members. Powers over Certificates of Possession,
and their registers are included under this act, as well as setting
aside money or lands for common use, if the band has already been
granted that power under section 60 of the Indian Act.
The band may also make laws regarding the rights of spouses or common
law partners and children who live with members of the band the same
way it can for actual band members.
The band can also make rules as to the authority of the Minister to
make payments to anyone deleted from the band list.
For all of these powers the band can also make laws regarding
licenses and permits.
As to band governance, the council of a band can make laws in
relation to the establishment of bodies (i.e. band organizations) how
they are composed, what their powers and duties are as well as their
relationship to the band.
The band can delegate its powers (other than the powers related under
this section) to such a body.
The band can make laws for: elections of members of council;
conflicts of interest of members of the band; access to information
under control of the band and the protection of personal information;
the conditions under which it can enter commercial agreements or
transactions.
Two or more bands may make laws to form joint bodies, like the UCCM.
In matters of contravention of band laws, the band may provide a fine
of up to $10,000 or three months in jail or both to add teeth to its
laws, unless that law is made to protect the environment, in which
case the limit rises to $300,000 and six months in jail.
The band can also make orders which tell whoever has broken a band
law not to do it again, this is called the power to restrain. In
other words, they can tell someone to stop doing something against a
band law, and/or not to do it again.
The Act also allows for peace or enforcement officers to write a
ticket for fines which must be paid to the band.
That ticket (or notice as it is called in the Act) must have the
offense written on it; the period and manner in which the fine is to
be paid as well as the address of where it is to be paid and what
will happen if the fine isn't paid when and how it is supposed to be.
If the fine is paid when and how it is supposed to be, the Act says
that nothing else is supposed to be done to the accused, in regards
to the offense for which they got the ticket.
The band can enter into an agreement with an agent of the province
(such as the Ontario Provincial Police) to issue the tickets on the
band's behalf.
Only the band which made the law and on whose land the offense
occurred is supposed to get the fines or confiscated property
resulting from these laws. The Act exempts the money from the
Financial Administration Act by declaring them not to be 'public
moneys.'
The band can appoint its own enforcement officers, and must give them
some form of identification as such outlining what law they enforce,
which they must produce on demand when they are enforcing the law.
These enforcement officers will be able to enter any premises on the
reserve, except living quarters to carry out inspections necessary to
do their job and require people to produce documents pertaining to
operations on demand.
Officers will be able to inspect any method of data storage and
remove information for the purposes of making copies and/or to use
any equipment at the place to make copies.
People are required to give any reasonable help enforcement officers
in completing their inspections and to provide officers with any
information relevant to the administration of a band law that the
officer reasonably requires.
When it comes to search warrants, if a band enforcement officer has
been granted a search warrant by a Justice of the Peace, he can at
any reasonable time search anyplace on the reserve if it is related
to an offense or might provide information on an offense under band
law. The officer would be empowered to seize any such evidence as
required.
In executing a search warrant an officer may only use force if it is
specified in the warrant and the officer is accompanied by a peace
officer.
The enforcement officer would be empowered to search without a
warrant if the circumstances were such as to make securing one
impractical, except in the case of living quarters, where the officer
may not search without a warrant unless the occupant consents to the
search.
Officers, and those accompanying the officers, can cross any private
property to get to a site to be inspected under this Act.
Next week, the fourth and final part of this series will examine the
general parts of the Act contained in Part III and the transition
provisions which are contained in Part IV of the Act.
 
Waterfront business study underway

by Michael Erskine
NORTHEASTERN MANITOULIN AND THE ISLANDS (NEMI)---It may have taken
over two years and a lot of heated debate along the way, but the
process of preparing a business plan for the waterfront in Little
Current is finally underway, and all of the key stakeholders are
marching to the same drum, almost.
Oscar Poloni, a partner in KPMG, the company that won the bid to
prepare the study, and Dave Caverson, of EarthTech, one of the
companies that will be subcontracting part of the work, met with
members of the Waterfront Steering committee last Thursday at the
Little Current Recreation Centre to begin the process.
"We are seeking a guideline as to what comprises your core values,"
said Mr. Poloni. "What are the guiding principles you want us to
follow."
While Mr. Poloni and his associate were meeting with the committee to
determine the level of development and parameters that will help
steer the process away from any serious shoals or rocks of community
opinion on which the process might be hung up, he was also quick to
point out that KPMG will nonetheless deliver a report that points the
way to the best path for the community.
"We reserve the right to evaluate the feedback," he said. "You are
not paying us to be stenographers. We tell you what we think is
right, not what you want to hear."
John Hodder, a Little Current Business Area Improvement
representative , delivered a copy of the committee's final report to
council, upon which most of the study's terms of reference were
based, to the consultants for background material. He pointed out
that the hotel conference centre item in the terms of reference was
added by the town council, and not an item put forward by the
committee.
The process was supposed to start a month ago, but Mr. Poloni assured
the committee that would pose little challenge.
"We were quite aggressive in our timetable," he said. "It is June
now, October is three to four months away. That is a lot of time."
The plan settled on between KPMG and the committee was for three main
meetings. One with council, which is likely to be conducted in-camera
to a large extent, a meeting with the committee, and a final meeting
to deliver the final findings to the public for a 'last gut check'
before the final report is prepared for delivery.
Mr. Poloni stressed the reason the meeting with town council should
largely be held in camera was due to the need to discuss municipal
and private property.
"We are not trying to be coy, not trying to cut the public out," he
said. "You have to be very cautious when you are talking about
property."
There will be two meetings to gather public input, noted Mr. Poloni.
"That is so people can't say, 'I was too busy to get to the meeting.'"
The question of Spider Bay Marina expansion revealed a difference
between the BIA and other members of the committee. The BIA preferred
the bulk of effort be concentrated on the waterfront downtown.
"The downtown area employs over 200 people," said BIA representative
Jib Turner. "If there is going to be growth, that is where it is
going to happen."
Others, including council representatives, were adamant that the
marina and its potential for expansion should definitely be included.
"It is a key element," said Committee Chair Al MacNevin.
Mr. Poloni suggested that Goat Island has limited potential, being
held by a private company and as it had been a coal transfer point
for over half a century, the environmental concerns would limit its
potential for the town's purposes.
CDC representative Peggy Young noted there was hope that there might
be potential for a partnership development involving the CPR, the
current owners of the land.
All parties agreed that the post office must remain downtown, as a
full-blown post office, and that great caution must be exercised in
approaching the question of the cenotaph.
"Some people have floated the idea of closing the downtown to
traffic," said Mr. Turner. "That is definitely out."
The suggestion of closing the streets to traffic on Sundays only, to create a
European market style concept was well received by the committee,
however.
"The idea is to draw people into the downtown core," said Mr. Caverson.
Whatever expansions, changes or enhancements are to be made, an
important consideration will be what is reasonably possible, said Mr.
Poloni. "It's all baby steps," he added.
The need to consider dual use facilities to enhance the local
population's use of the waterfront as well as transient boaters was
brought up by Public Representative Siska Poenn, and Mr. Poloni
agreed that both tourists and more local interests would have to be
considered.
The study will also identify 'contiguous' areas, which the
consultants think should be looked at further.
After the meeting, the positive response of all committee members was
evident, as was their confidence in the consulting firm hired to do
the job.
"I am pleased it is finally getting underway," said NEMI Mayor Ken
Ferguson. "We are an important part of the economic fabric of all of
Manitoulin Island," he added. "We must strive to be the very best
that we can be for everyone's sake."
"Everybody wants this thing to work," said Mr. MacNevin. "We will be
a part of it through the whole process. We all want our own ideas put
in place, but we are working things through."
NEMI representative Ron Lewis said he was certain there would be
positive action coming out of the process in the near future.
"I am very pleased with the consultants," said Mr. Turner, "and the
schedule they have set."
"The process is going very well," agreed Mr. Hodder. "I am confident
we are going to get very good results."
"It is pretty exciting," said Ms. Poenn. "The process is finally starting."
 
Seven-year-old to undergo open-heart recovery alone
by Michael Erskine
LITTLE CURRENT---Miranda Amyotte is an engaging seven-year old, full
of life and hope for the future.
"I want to do ballet lessons, go to swimming lessons, and pony
rides," she says with an engaging smile, as she climbs into her
mother's lap.
"Not until after the operation," admonishes her mother Cheryl. "After
a full day of school Miranda usually has to lie down for an hour,"
she explains, as she wraps her arms protectively around her little
girl.
Miranda has Pulmonary Stenesis and Acyanotics Tetralogy of Sallot,
conditions that mean she will shortly have to undergo the second
open-heart surgery of her so-very short life.
Her body is growing, but her heart valves are not, explained Janice
Haskins, Northern Ontario director for the Aladdin's Children's
Charity, a group which is trying to help Ms. Amyotte with the
expenses of staying by her daughter's side through this ordeal. "The
valve they put in last time is not doing what they hoped it would do.
It has become damaged, and it is no longer doing its job."
Miranda's heart has become enlarged due to the increased strain of a
malfunctioning valve, and without surgery soon her prognosis will
mean only one thing.
Even with the surgery, the prognosis is difficult. When this
operation succeeds, it will make history by being the first which has.
Miranda and her mother need the support of the entire community to
make it through this ordeal, said Ms. Haskins, although the
importance of that support is something not everyone really
understands.
"Children going through something like this are under a lot of
pressure," she said. "They don't really understand what is going on.
They are in a strange, scary place surrounded by strangers doing
things they don't understand. Having their family there is so
important to helping them get through this."
Aladdin's Children's Charity, Ms. Haskins said, began as a local
children's wish foundation but with continuous social service and
health cutbacks by the provincial government under Mike Harris and
now Ernie Eves, the organization has quickly seen its focus change.
"Now most of what we do is assisting parents with out-of-town
expenses," she said. But since her organization covers Northern
Ontario, from Parry Sound up, resources from her group are very
limited.
"A lot of what we do is to help parents access the resources which
are in the community," said Ms. Haskins.
Social Services will provide up to $300 in medical travel and lodging
expenses for a parent who qualifies, said Ms. Haskins, and that
funding can rise depending on a case by case basis, but it never
covers enough.
"Ronald MacDonald House is booked up years in advance," she pointed
out. "You can't get in there. Although travel expenses are covered,
so gas is paid for at least, gas is the least of your worries. That
means Miranda's mom will be looking at spending at least $60 per day
for a place to stay. Then there are parking costs, food, it is very
expensive."
While Ms. Amyotte is hoping Miranda will be out quickly, "From 10
days to six weeks," she said, the truth is it will likely be a lot
longer.
"It is going to be a lot closer to the six weeks," said Ms. Haskins,
whose experience of cases like Miranda's suggests it may be even
longer than that.
"Expenses could rise as high as $60,000," she suggested, noting that
a case involving a young man in Timmins whose limb was amputated
required years of hospital visits.
It is not unusual for parents of a child in this kind of situation to
lose their family home as they desperately sell off and mortgage
everything to be with their child. Emotions often rule where one's
child is concerned.
Situations like this require the whole community to rally together,
to provide the support and encouragement a family needs to get
through it.
Island service groups have been approached for help, and Miranda's
school will also be holding a fund-raising event for her, as her
fellow students and her teachers look for a way to help.
"We will be looking at something like a hat-day," said Little Current
Public School Principal Sandra Luoppa.
But the need for support goes beyond just the financial.
"Even if people just stop in the street and let Cheryl know they are
behind her," said Ms. Haskins, "that can mean so much to a parent
when they are going through something like this."
Miranda is scheduled for her first echocardiogram and clinic visit on
July 8, 2003 and her pre-operative day will be on July 28. The
pre-operative day will include a bevy of blood tests and x-rays
starting at 7:30 am.
Dr. Chris Caldarone will operate on Miranda's heart on July 29,
baring a last minute change, and Miranda will begin her preparations
on that day at 6 am.
For those seeking a financial opportunity to express their support
and to help keep the light in the eyes of a little seven-year-old
child, a trust fund has been established at the Bank of Montreal in
Miranda's name. The account number is 8826-236.