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In Defence of Canadians Rights & Democracy

* Hazel McCallion - Mayor of Mississauga *
- 2009 -
* Conflict of Interest & Judicial Inquiry *

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Opening comments:  More at the end.

Some of the details of this letter are not being published at this time.  They have been notes with these *** & ...

The most important detail to remember about D. J. Culham's involvement is that he was not the original OMB member who was dealing with this case.  That it was only after I wrote this letter, the OMB member who was dealing with this matter stepped aside.  In other words, an effort was made for him to deal with this matter and the OMB was aware that Mississauga's politics were involved in this OMB Hearing before hand.

How is it that the one person that would stand out in most peoples mind as being the person who could have a bias or conflict be allowed to deal with this case?
Maybe, the Mayor, Hazel McCallion, who has for some reason been fighting for this development like it really meant something to her, has got the fix in and the outcome is known to her.  From the Jan. 12th, meeting.

When I wrote this letter, I used the term "Conflict of Interest " to cover all the bases.  In fact the OMB has Conflict of Interest & Bias and defines them differently.  Found that out later.  What is being noted about D. J. Culham is more in keeping with Bias.  In the near future when I fully account for why he was totally unsuited to hear this matter and the correct terms will be used.  None-the-less, even if the correct terms were not used, anyone concerned about fairness in government hearing would see enough to be gravely concerned.

Ontario Municipal Board (OMB)
ATTN: M. Hubbard, Chair - Ontario Municipal Board and Board of  Negotiation.
ATTN: Joanne Hayes, Senior Case Manager.
ATTN: D. J. Culham, Board Member.
655 Bay Str., Suite.# 1500
Toronto Ont.                                   Fax.#  416 326-5370

    OMB File.# PL030312 - Official Plan Amendment and Rezoning
    Application.# OZ 02/023 W1.
    1619, 1623, & 1635 Northmount Ave. and lots 15 and 16, R.P. 308
    L. Smith in Trust for Moldenhauer Developments Ltd.

RE:    For the record and request for action.
           Conflict of Interest and the less than factual testimony ****

Dear Board Members:                           Feb. 11, 2004 - # 2

      In today's Hearing, ... gave testimony from the witness stand to the effect that detailed site plans were on view at the Feb. 4th, public meeting.
Thereby contradicting my assertion they were not.  In fact, .... but when I asked to see the site plans ... they were not offered.  Further more, the detailed site plan, part of which is included in my submission showing the "GARBAGE PICK UP AREA" beside the "AMENITY AREA", were not on display.   This is a key issue, that the facts are being withheld by any means possible to the developer and especially the City.  To keep the taxpayers from being meaningful involved.  The City and the developer wants this
townhouse subdivision, not the residents!

     D.J. Culham is in a conflict of interest as the judge for this matter.During the Hearing on Feb. 10th, I submitted to the Board Member, Mr. Culham, that he was in a conflict of interest, he did not deal with the issue at that time.  So I am reminding him of the issue and inform the rest of you of it.  I spoke to Mr. Culham right after quitting City Hall, at which time he clearly stated that he would never be sitting on a matter dealing with the City of Mississauga as it would be a conflict of interest.  That pressure can be easily be applied by the Mayor, by way of her control over the many project he undertook during his terms in office as a City Councillor.  Like to the Culham trail or to his many tree plantings or parks he is so proud of.  Also, as he would be dealing with City of Mississauga staff and this could affect his judgement.

- 2 -

      That his years of involvement in dealing with the Cawthra Bush and drafting its Forest Management plan would not make him impartial to this issue, as he would in part have to judge his own past actions.  That for years we were on different sides in the City Council chamber and Urban Forest Management Advisory Committee (UFMAC), to the point of there being letter writing duels taking place in the local newspaper between us, would this not taint his judgement?  Or his involvement be unwise?  That my criticism of the Culham trail, which he took very personally, is not likely forgotten.  That his eyes are not fresh to this matter.  To name just a few reason why he should not be the Chair for this matter.  Being above even the appearance of a bias is as important is a key issue and most people I have spoken to are utterly astonished to see him sitting at this Hearing.

      What I saw in today's OMB hearing was very similar to what took place as he sat on the City's Urban Forest Management Advisory Committee, at its Nov. 6/95, meeting, dealing with drainage and hydrology issues at the Cawthra Bush.  The City created minutes of the meeting, leaving out important details such as the evidence presented and it implications.  The professional the City hired to do the review of drainage and hydrology issues, had his comments censored so statements or warnings that he made or comments like he did not know something, were left out.  This was acceptable to him.

     The watertable is the life blood for the Cawthra Bush and anything less then being sure by way a full review of documents by all parties is unacceptable and endangers the Cawthra Bush ecosystem.

      That at the UFMAC meeting, Nov. 29/99, at the Lucy Turnbull Auditorium, Cawthra Seniors Centre, there was a large public meeting for the passing of the Forest Management Plan for the Cawthra Bush.  At this meeting he spoke up to ensure that a key video tape showing the water being drained from the forest, toward CN railroad was not be shown during the meeting.  Not considered during the proceedings, to avoid the issues it raised.  I video taped this meeting and now have a web-site big enough to post such things, so the whole world can judge his actions.  I can assure you more can be presented from all the heated letters he wrote me, more then enough to convince most reasonable minded persons that he should not judge, me or issues I am tied to.

Therefore Mr. Culham should be remove from this matter as soon as possible  to maintain the good name of the Ontario Municipal Board.

     I am willing to discuss my letter with you, in case the wording seems a little ambiguous or you want a request explained. My phone number is ...

Sincerely yours, Donald Barber, President, FCB & Chair, CRRA.

Your Financial Donations are Greatly Appreciated
and Very Much Needed to Ensure the Survival of

Donald Barber Defense Fund
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