By Karen Best
January 26, 2007
Haldimand Review
Andre Gulabsingh believes in open processes for government actions and consultation with affected parties. That’s why it was impossible for him to sign an agreement to keep confidential the workings of the Caledonia citizen compensation committee.
This is locked down tight and deliberations are confidential, said Gulabsingh. “It’s wrong because it’s not an open process, a transparent process, and there’s no opportunity for people to know who is involved and what’s being discussed,” he said.
A member of the Caledonia Citizen Alliance and a resident of Caledonia, Gulabsingh was invited to sit on the committee. After spending 25 minutes at the first meeting, he rejected the invitation because he and other members were required to sign a non-disclosure agreement. Haldimand County Mayor Marie Trainer, who is on the committee, is forbidden to update her own council, she said to The Review.
“It was my personal opinion that far too much of the discussion and consultation regarding (the land dispute) has taken place in secret and is not disclosed to the community,” said Gulabsingh. While some aspects of discussions and negotiations are necessarily kept secret, he felt the non-disclosure agreement was too restrictive and that it was unacceptable that council members cannot report back to council.
Ministry of Municipal Affairs and Housing deputy minister John Burke, Trainer and Caledonia Coun. Craig Grice could shed little or no light on the process which is intended to compensate residents for financial losses and psychological impacts resulting from barricaded traffic routes from the April 20 OPP raid to June 13.Six Nations protesters blocked off Argyle Street South, the Highway 6 bypass and the rail line through town after the police raid.
Despite partially gagged by the non-disclosure agreement, Trainer was free with her criticism of the funding allocation. It is insufficient, she said.
Before the committee met, the Ontario government set the limit which Trainer said falls below the $1.5 million provided for business recovery in town, in other county areas and in Six Nations and Mississaugas of the New Credit Reserves. The mayor said the Ontario government hoped the federal government would match their funding.
Compensation is not restricted to certain streets, but cannot be stretched across the whole community, she said. “There’s not enough money for the perimeter itself, let alone for more,” said Trainer.
On committee operations, Trainer said the ministry asked members to review eligibility criteria and then to look at affected parties. The committee was asked to wrap up their assignment quickly, she said.
At the initial group’s request, the ministry invited residents of Sixth and Seventh Line and Oneida Road to participate, said Trainer adding that this was a good way to gather community input. Advertising for members would have made this a long process, she said.
Trainer said ministry officials wanted to be sure that when money was given, that recipients would be “somewhat pleased”.
The mayor said the non-disclosure agreements will prevent speculation in the community before anything is decided. Despite restrictions, she said she was satisfied with the process saying the government could not do it much better.
After meeting with council in a Jan. 22 closed session, deputy minister John Burke declined to comment on committee member selection and duration of deliberations. “The government makes a decision and will announce it then,” he said.
When asked about the committee, Grice said he could not provide details. He has declared a conflict of interest because of where he lives. Participating as an invited guest, he said he was making sure concerns are raised.
For Gulabsingh, it was impossible to keep silent. Upon receiving an invitation to participate, he attended the first compensation committee meeting on Jan. 9. Another alliance member, who he would not name, was present along with Grice, who is also a resident of the town, Trainer, and county chief administrative officer Bill Pearce.
At the first meeting, Gulabsingh learned that funding was predetermined and that the committee would have little influence in decisions. Burke advised potential committee members that their role was to advise municipal affairs minister John Gerretsen, said Gulabsingh. He said Burke informed the group that the government’s cabinet will ultimately approve any deal.
In June, municipal affairs employees canvassed residents on streets near Douglas Creek Estates to learn how they were impacted by the Six Nations occupation which began on Feb. 28.
Gulabsingh said it may be too premature to compensate residents because the impact at the end is not yet known.
Grice said the plight of residents is fully appreciated. For instance, if a person living near DCE had a job offer in a distant municipality, he could not take it because his house would not sell, he said.
Even if he wanted to leave, Steve Tong, who lives near DCE, said he could not because he would lose $100,000 on his house. He said he was approached about participation in the compensation committee but was rejected because he is part of the class action suit against the OPP, Haldimand County and the Ontario government.
Under class action provisions, every resident of Caledonia is a member of the action group unless they opt out.
In a press release issued on Jan. 23, Haldimand Norfolk Brant MPP Toby Barrett criticized the Ontario government for holding secret meetings that “will pose as community consultation”.
“I tend to favour a town-hall style forum rather than requiring participants to sign non-disclosure agreements,” said Barrett. “The Premier is trying to divide the community by holding closed meetings and muzzling the participants... I fear that Premier McGuinty’s political considerations require a local group that can be blamed for looming disappointment with the promised compensation.”