Bousquet charged after confrontation at Northeast council meeting

by Neil Zacharjewicz

NORTHEASTERN MANITOULIN and the ISLANDS - The most recent meeting of Northeastern Manitoulin and the Islands was prematurely adjourned after local businessman Jim Bousquet confronted Mayor Joe Chapman while expressing concern with how the new council has handled issues related to the local business community.

Following the meeting, Mr. Bousquet was charged by the Ontario Provincial Police (OPP) with Failing to Leave the Premises When Directed under the Trespass to Property Act.

The situation arose at the March 16 meeting of council, after council had wrapped up discussion on a potential agreement with Rob Little, of Wally's Dock Service, with regard to the continued operation of his business at the docks, no motion was put forward as to what direction council would take on the matter. Mr. Bousquet, who was one of several members of the public in attendance in support of Mr. Little, began whispering with Councillor Bill Koehler. At this point, the mayor asked Mr. Bousquet to stop talking to members of council during the meeting or he would be asked to leave.

"I don't need your speeches, Joe," Mr. Bousquet responded.

At this point, Mayor Chapman adjourned the meeting until Mr. Bousquet left.

"I guess you'd better call the police," Mr. Bousquet responded. He then expressed concern that council had left Mr. Little hanging, suggesting he had been wrongly treated.

Furthermore, he suggested the mayor was on a personal vendetta to shut down certain businesses in town, suggesting the handling of the Quality Inn proposal council had turned down was simply one example of this.

"You've just closed another business in town," he stated. "You have given Mr. Little no direction here tonight."

Mr. Bousquet noted he had been planning an expansion of his own business, but expressed concern about whether he would even consider proceeding under present circumstances.

"Am I on the hit list next?" he asked.

Mr. Bousquet then indicated he would leave the premises for the benefit of the other members of council.

"I am sorry to disrupt your meeting, gentlemen," he said.

After the meeting, Mayor Chapman expressed dismay with regard to what had happened.

"It is unacceptable that Mr. Bousquet or anyone else would initiate a private discussion during the course of a council meeting," he stated. "It is truly unfortunate that he would not show council the courtesy and respect to wait until after the meeting to enter into discussions with the members of this council."

Following the meeting, Mayor Chapman reported the incident to the OPP, who investigated the incident and pressed the charge of Failing to Leave the Premises When Directed under the Trespass to Property Act. Mayor Chapman explained the charge is accompanied by an approximately $53 fine, one of the lowest fines issued. He indicated the option was available to press criminal charges, but "that would be way over the top."

"I feel bad about the whole thing," he said, but noted that Mr. Bousquet had failed to apologize for his actions.

The situation was raised once again at a special meeting of council held on the morning of Friday, March 19. At the meeting, Councillor Koehler expressed concern with how the situation had been dealt with. He indicated he had returned home from a trip to Sudbury to find a number of messages on his answering machine expressing concern that Mr. Bousquet had been charged, when he had not known this was taking place.

"I still do not know if he has been charged," he said. "If he has been charged, I would have hoped it would have been discussed by all of council. I don't like the way it was done."

Mayor Chapman responded that, as the mayor, he was not prepared to allow anyone in the community to disrupt a council meeting to the point of adjournment.

"In my mind, there was no further choice," he said. "I will do it again if anyone causes a council meeting to be adjourned."

"It is in police hands now. We should not even be discussing it," suggested Councillor Tony Ferro. The town registered the complaint with police, the OPP investigated it, and he said it was up to them to determine if there would be any charges.

Councillor Tom Batman indicated he has serious concerns about the way the space used for council meetings is set up, pointing out that if there is any large group in attendance, everyone gets bunched in the room "like a bunch of rednecks," and after an hour of discussion, it can lead to tension in the room. He said the room needs to be set up like a proper council chamber.

"I like facing the public," said Councillor Sam Nardi. That way, when he says something that the public in attendance might not agree with, he can look them in the eye. He said while the town was technically within its right to pursue charges, he felt a cooling off period might have been a good idea.

In the future, Councillor Nardi said he would like to see a policy whereby if something similar were to happen, the meeting would be adjourned until the individual left the premises. Then, the police could be advised that there might be a problem at the next meeting. If, at the next meeting, the individual caused a problem, then the meeting would be adjourned and the police would be contacted, he suggested.

"You get hot. You say stupid things," Councillor Nardi said. "I don't think we should act on that initially."

But Mayor Chapman felt he could not have been more polite in how he dealt with the situation.

"How many more opportunities do you give an individual before you go to the police?" he asked. He said that while he appreciated council's comments, he had provided Mr. Bousquet with two or three opportunities to correct his behavior.

Councillor Gary Green said he did not like the message the decision to charge Mr. Bousquet sent to the community. He said the tolerance council had demonstrated to the community suggested that if people did not agree with council, that the town would come down hard upon them. He indicated that it was his feeling council should have been more tolerant on a sensitive issue like this one, particularly since council has been warned by Glen Warren, of the Northern Ontario Heritage Fund Corporation (NOHFC), that council needs to have the support of the community behind it if projects like the water development are to go forward.

While he does realize that council cannot condone someone upsetting its meetings, Councillor Green said he believed council would have been better respected if it had handled the situation differently.

"There are no special rules for this particular person," Mayor Chapman said. "These are rules everyone has to follow."

When contacted on the matter, Mr. Bousquet indicated he would not comment on advice from his legal counsel.

by Neil Zacharjewicz

NORTHEASTERN MANITOULIN and the ISLANDS - It seems the entire Fisher Harbour affair could best br compared to the title of one of William Shakespeare's most famous works, 'Much Ado About Nothing.'

Last week, Alexander Centre Industries was advised by INCO that the company's proposal to ship nickle and copper concentrate through Fisher Harbour was one of three bids eliminated from consideration as the international mining company shortlisted proposals it would consider. According to INCO spokesperson Cory McPhee, the proposal was rejected on the basis that it did not meet the technical and commercial objectives of the company.

This position was also reinforced in a letter from INCO Chair and Chief Executive Officer Scott Hand to Whitefish River First Nation Chief Franklin Paibomsai, who had previously met with representatives of the company to discuss his community's concern with the Fisher Harbour proposal.

"You should be aware that we recently advised three bidders that their proposals for shipping the concentrate to Sudbury would no longer be considered. One of those eliminated from further consideration was Alexander Centre Industries' Fisher Harbour proposal," Mr. Hand's letter stated.

"We are celebrating today," Chief Paibomsai commented. "The letter comes as good news to us."

He commended INCO for taking a good look at the proposal and determining that there was more to it than just dollars and cents. He said the company really took the time to weigh the social and environmental impact. He said he appreciated INCO's honesty with the community, and its willingness to sit down and work together.

Manitoulin is known for its tourism industry, which is based on its pristine environment, Chief Paibomsai pointed out.

"We are not known for bringing in INCO ore," he stated.

One of his major concerns now is the relationship between the Whitefish River First Nation and the other Island First Nations, and the Town of Northeastern Manitoulin and the Islands (NEMI). He said NEMI's decision to support the proposal has resulted in a strained relationship, and it a challenge that will not be overcome anytime soon. He indicated that the town ignored the value of the longstanding history between the two communities for the sake of one agreement, and no serious consideration was given to the town's neighbours.

"We have high unemployment here," Chief Paibomsai noted. Despite this, he said, this type of proposal did not fit with the communities values. He noted there is a sacred trust passed through ancestry to care for the land, and he did not think it was wise to disregard this for a small economic gain. He said the Whitefish River First Nation needs some time to cool off before it addresses the issue of the relationship between the two communities. He said it was unfortunate the two communities did not stand united in opposition to the proposal.

"It's going to take some fence mending," Chief Paibomsai said.

Another relationship that has deteriorated as a result of the proposal is Whitefish River's relationship with Alexander Centre Industries, he said. He pointed out that the company has been hostile toward the community, suggesting the proposal was "just business."

Chief Paibomsai extended his thanks to the McGregor Bay Association for standing beside Whitefish River in opposition to the proposal. Now, he said, it is the Ministry of Natural Resources (MNR) who is on the hook for failing to look after Ontario's interests with regard to the Crown water lot lease at Fisher Harbour. During the Fisher Harbour proposal process, it was discovered that Alexander Centre Industries was in violation of the lease when it began shipping salt from the site nearly 20 years ago, something the ministry has never done anything to address.

The Whitefish River First Nation will continue to push for an Ontario Municipal Board (OMB) hearing with regard to the zoning amendment passed by NEMI to allow for the construction of a building over 12 metres in height at the Fisher Harbour site, Chief Paibomsai said. He suggested his community is not certain that NEMI had a planner on board to provide them with advise on the matter.

While the Whitefish River First Nation is not anti-development, Chief Paibomsai said his community believes in controlled development, so as not to impact the pristine environment enjoyed by all.

"Our cultural heritage is not for sale," he said.

As of press time, neither Alexander Centre Industries nor the McGregor Bay Association could be reached for comment.

by Neil Zacharjewicz

NORTHEASTERN MANITOULIN and the ISLANDS - Some last minute mediation may have saved a deteriorating negotiating situation between the Town of Northeastern Manitoulin and the Islands and Rob Little, proprietor of Wally's Dock Service, with regard to a new agreement which would allow for the continued operation of the business along the waterfront.

A new agreement became necessary after council for the Town of Northeastern Manitoulin and the Islands (NEMI), in December, voted to take over management of the town docks, which were being leased to Wally's Dock Service. Negotiations had been ongoing since that time. At first, a draft agreement which appeared to be mutually agreeable had been reached by the Community Services Committee and Mr. Little. However, when the agreement was sent to the Administration and Finance Committee to have some numbers added to the proposal, it was reworked, and the two parties found themselves farther apart. A third draft was prepared on the morning of March 16, in a meeting with the Administration and Finance Committee and members of the Waterfront Implementation Committee, which was brought to the regular meeting of council that evening. While no decision came from that meeting, by Friday morning, a mediator had stepped in, and the town had developed a fourth draft of the agreement for consideration. Sources suggest the two parties are now close to an agreement.

At a special meeting of council held on the morning of Friday, March 19, Councillor Marcel Gauthier commended Alan Den Otter, owner and operator of Manitoulin Fuels, for helping to mediate the situation.

"I think we could have approached (the issue) better," admitted Mayor Joe Chapman. "A lot of the curfuffle could have been avoided."

In the future, he suggested, the town needs to determine its position before it enters into negotiations with another party.

The lack of an united council position was made apparent to several members of the public in attendance at the March 16 meeting in support of Mr. Little, when Councillor Gauthier expressed concern that the original agreement developed by the Community Services Committee had been altered without their knowledge. He said he had assumed the committee would have had some input.

Councillor Gary Green expressed concern that councillors were being advised of some meetings, but not others. He said that he attends meetings of the Administration and Finance Committee simply to keep track of what is going on in the community. He said that he was concerned that decisions were being made by one committee, then being sent to another where the decision was completely turned around.

The fact that the Waterfront Implementation Committee had met earlier that morning was news to Councillor Bill Koehler. Councillor Gauthier expressed concern with this, noting that Councillor Koehler was the chair of the Waterfront Implementation Committee.

The Community Services Committee had only one meeting with Mr. Little, Councillor Gauthier noted, but then it was taken over by another committee.

"Show a little faith in us," he said.

Council had made the decision early in its tenure to take over management of the docks because of the fact that fundamental changes would be taking place on the waterfront, Mayor Chapman said. The town had commissioned a $90,000 study from KPMG to look at the waterfront, and one of the things it identified was the need to have people on the dock, prepared to catch the boaters lines, as well as the need to monitor VHF radio to help boaters ascertain if there was available dock space. The ultimate goal, he said, was to increase the utilization of the main dock. There was a general feeling that people would like to see Mr. Little continue to be allowed to pump gas at the dock, as well as continue to handle the pump-outs, using equipment the town owns, Mayor Chapman said. Wally's Dock Service, he noted, makes no contribution to the ongoing repair of the town dock, and the town pays to repair the equipment for pump-outs. Mayor Chapman indicated there was a need to determine what was fair and equitable terms.

Councillor Jim Stringer expressed concern with the process the town had followed.  He said the town had received a letter from Mr. Little, expressing his concerns, which included the feeling that the town had not involved him early enough or as well as it should have during the process. Then, he said, once an agreement was reached, it was altered by another committee.

"It seems we have a process that has not gone well," Councillor Stringer said. "I think we have got to do better."

But Councillor Sam Nardi noted the council did not completely ignore Mr. Little's concerns. Originally, he suggested, the town had considered providing Mr. Little with 100 feet of dock space, but when Mr. Little asked for 275 feet, it was felt that it was not an unreasonable request. The only condition was that it would be the town who collected the revenue from dockage if Mr. Little allowed a vessel to moor there overnight.

Councillor Nardi noted Mr. Little indicated he was not certain as to whether he would agree to this, and he also expressed concern about increasing his liability insurance to $5 million. On this issue, council agreed to adjust the amount Mr. Little paid to lease the dock, reducing it by the amount his insurance increased as a result of the added liability coverage.

"I certainly felt I bent over backwards (to address his concerns)," Councillor Nardi said.

Councillor Green indicated while council had voted to take over management of the waterfront dock, he had never envisioned that things would get to the point where the town would handcuff an individual to the point where he would not be able to make a living.

"We need to encourage small business in our town, especially existing business," suggested Councillor Gauthier.

The suggestion was put forward by Councillor Tony Ferro that perhaps the issue should be sent back to committee until such time as the town had "its house in order."

"I don't think these committees are working," stated Councillor Tom Batman. He said he felt the town had come up with an agreement that was more than fair. He indicated that council was working towards change for the benefit of the whole community, and yet "we are the ones being shit on."

While there was some concern about which committee's responsibility it was to deal with the issue, Mayor Chapman noted that, ultimately, it is council that has the final say.

"It is about acting in the community's best interest. I think everybody at the council table should give that a whole lot of thought," he said.

One area of concern was that the KPMG identified that Little Current was behind Meldrum Bay in terms of the service it provides to visiting boaters. He expressed concern that Mr. Little had refused to monitor Channel 68, the VHF radio channel, for the town. He noted the washrooms, which under the prior agreement had been Mr. Little's responsibility, were felt to be a huge negative to the community. He indicated that, last summer, he and his pregnant wife had taken a walk along the waterfront, and she had stopped to use the washrooms. Mayor Chapman said the washrooms almost made her ill.

Mayor Chapman indicated that the town was prepared to give Mr. Little control of 275 feet of the dock and 100 percent of the proceeds from operating the town-owned equipment for pump-outs, which amounted to between $5,000 to $10,000 per year. He said while he preferred not to negotiate things out in the open, he believed the residents needed to know that the town's offer was quite reasonable.

"Please do not attack us for acting in the interest of the community as a whole," Mayor Chapman said.

One concern raised by Councillor Green was the impact of potentially losing Mr. Little, who many boaters have come to relate to over the years.

"He is an ambassador to our town, and I think we are going to lose a great ambassador," he said.

Councillor Stringer put forward a motion to have the item sent back to committee, and allow all members of council an opportunity to provide a list of items that they felt were non-negotiable, and have the negotiations proceed from there.

However, the motion was defeated in a four to four tie vote, as Councillor Jib Turner was absent from the meeting.

"For all that yapping, we did nothing," Mayor Chapman stated following the vote.

A recess was called in the meeting, and when council returned to the meeting, it moved onto other issues. Councillor Stringer expressed concern that the issue had not been dealt with.

"I think we have talked it to death tonight. I think we are at an impasse," Mayor Chapman stated.

Later in the meeting, local businessman Jim Bousquet raised concern with how council had treated Mr. Little, leading the mayor to adjourn the meeting until Mr. Bousquet had left the premises. The meeting was never called back to order.

by Michael Erskine

MANITOULIN---Leaders of a number of Manitoulin's First Nations expressed alarm at apparent plans by the Town of Northeastern Manitoulin and the Islands (NEMI) to sell shoreline road allowances to the property owners against whose lands those allowances abut.

"This goes against the whole understanding that we came to in the 1990 Manitoulin Land Agreement," said M'Chigeeng Chief Glen Hare, who cited a letter signed by then Ontario Minister Responsible for Indian Affairs Bud Wildman stating the government's agreement to keep shore allowances of one chain (66 feet) in the public domain. "That treaty is still questionable yet, Mr. Harris, when he came along in 1997, he reneged on the whole claim."

 "We are still at the table," said Mr. Hare. "Those lands fall under unsold crown lands, they are not for sale."

Mr. Hare suggested that NEMI Mayor Joe Chapman should sit down with the First Nation to discuss the issue before taking any action.

"We need to be working together on a lot of issues," he said. "Not working against each other."

Aundeck Omni Kaning (Sucker Creek) Chief Patrick Madahbee was adamant that the proposed sale contravened the letter, as well as the spirit, of the 1990 Manitoulin Land Agreement.

"All he (Joe Chapman) is doing is violating the 1990 Manitoulin Land Agreement," he said. "In the negotiations we insisted those lands stay in the public domain, those are the words that we used. It is an unwise move to go ahead with the sale, it will leave a legal cloud hanging over the people who buy those properties."

The 1990 Manitoulin Land Agreement was hailed as a landmark treaty when it was negotiated between most of the Island's First Nations and the provincial government. The agreement was read and passed through all levels of the legislature, but has never been proclaimed by the province and passed into law.

The Ontario Native Affairs Secretariat has claimed in the past that the holdup in proclaiming the agreement stems from ongoing difficulties in defining title to the lands covered by the agreement. The First Nations received funds from the government in payment for lands covered by the agreement, although those funds allocated for Wikwemikong are held in trust until such time as that First Nation signs the agreement.

Whatever the status of the agreement, the chiefs maintain they intend on keeping the shoreline lands in the public domain and that will remain their position.

"We wanted those lands to remain for the public's benefit," said Chief Madahbee. "Everyone should have access to the shoreline. We cited it as the 'Law of the Sea.' If someone has a problem and needs to come ashore anywhere along the Island, they shouldn't have to be worrying about whether it is private property or not."