The
Lyndwood Public School
&
Hartsdale Public School
Eco Crime & Cover-up
in MississaugaThe sure signs of corrupt government practices are rearing their ugly heads
in the Peel District School Board (PDBS).
Just as in Mississauga Council, in the School Council and in any government office
- the longer they are there the more likely they will abuse their power.
In the past, if you see one sign, they will likely be more & there.
At the Jan. 24, PDBS meeting the Chair and the rest of the PDSB thought nothing of Janet McDougald Chairing meeting when it dealt directly with an issue she stated, sees great personal value to her & her family!
Then the PDSB was presented with the fact that just before a vote to close schools, false and misleading information was presented that no doubt would have affected the vote. Bad enough, but when an effort was made to try and set the record straight - nothing - and no one on the Board saw anything wrong with this!
A sure sign, just as it was in Mississauga City Council of a corrupt culture.
Why?
Well, there is ARC
- Accommodation Review Committee -
in short to deal with closing schools, moving students around and building new schools.
Can you smell the money yet?
Yes, this kind of huge government works means there is money & gains of all kinds possible
- if you know how to manipulate processes, people & outcomes and /or votes.
If you know more - let me know - to work, much to do..............
{ If nothing else Janet McDougald is finding out just how popular she really is !}
Web Links Used;
The Peel District School Board Home page - Meeting Agendas
- Role of a Trustee - Reference for Board Policies
- Accommodation Review Committee -
Sept. 27, 2011 - Peel District School Board meeting - where it started, as far as we know.
- A resolution to re-name Hartsdale Avenue Public School for Janet McDougald was adopted BUT where?
In a "Private Session" or secret meeting, as it is not on the Agenda & maybe "Resolution No. 11-274".
Dec. 1, 2011 - Peel District School Board - Annual Organizational meeting - which announced the gift of, or the renaming of Hartsdale Public School to
Janet McDougald Public School.
- Media - Canadian News Wire - News release - Janet McDougald acclaimed as chair, Suzanne Nurse acclaimed as vice-chair
Dec. 1, 2011 - Hartsdale School Council meeting minutes - Hartsdale Avenue School Council Constitution
Dec. 2, 2011 - Letter that announced the renaming of Hartsdale Public School to Janet McDougald Public School.
- Media - School renamed in board chair's honour - the media photo-op
Dec. 5, 2011 - On-line - HARTSDALE AVENUE PUBLIC SCHOOL from being renamed Janet McDouglad Public School.
- Facebook - page
- Tweetmeme
- A look into the thinking of Janet {I will not decline this honour} McDougald, Ina Fournier, Superintendent of Education,
South Field Office & the Community, before the meeting, by way of E-mails.
Dec. 6, 2011 - Hartsdale Up-date Letter.
- Notice of public meeting Dec. 6, 2011.
- Public Meeting
- Media - Renaming stirs controversy - Article posted before the meeting.
- Media - Renaming Mississauga school causes controversy - CBC
- Media - School renaming sparks controversy
- Media - Names get political
- Media - ‘Secret’ school name change angers parents - Lots of comments!
Dec. 8, 2011 - Media - Peel Board stands by decision
- Media - Pick names in public: Ministry
Dec. 13, 2011 - Peel District School Board meeting.
- Mississauga's Queen of Conflict of Interest & Corruption - Mayor Hazel McCallion - send in a letter congratulating Janet McDougald
on getting a school named after herself. Hazel already does - so welcome to the club! Letter is posted!!!!!!!
- Video - Public Question Period - Michael Lucid & his questions.
- Public Question Period - Helen O’Malley & Michael Lucid, questioned the renaming of Hartsdale Public School.
Dec. 14, 2011 - Media - School renaming passed
Jan. 9, 2012 - Media - Parents oppose closing schools (related)
Jan. 10, 2012 - Media Release.
- Peel District School Board meeting.
- Video - Hellen & Randy O'Malley gives a Delegation to the Peel District School Board - the of the Name change!!!!!!
- Video - Donald Barber gives a Delegation to the Peel District School Board.
- Pictures.
Jan. 11, 2012 - Media - Nobody asked us: Parents
Jan. 13, 2012 - Letter from the Lakeview Ratepayers Association calling for the PDSB
to reconsider its position regarding the renaming of Hartsdale Public School.
- Media - The Compleat Citizen Newsletter - local Internet media.
Jan. 19, 2012 - Media - Ratepayers challenge naming.
Jan. 24, 2012 - Media - Peel board to discuss school-naming policy, director says
- Letter - Canadian law & Conflict of Interest - Bias with legal rulings - this letter was sent by me as The Democratic Reporter, for
the benefit of the community.
- Peel District School Board meeting.
- 9.2 PDSB Response to O'Malley's Delegation.
- 9.4 PDSB Response to Donald Barber's Delegation.
- Video - Dan Anderson's Delegation regarding events with the Accommodation Review Committee (ARC) - VERY IMPORTANT !!!!
When I talk about cover-up, it is about things like this - how important decision & processes can be controlled to ensure
certain outcomes.
- Video - Michael Lucid's Delegation but from a different angle by Mississaugawatch.
- Video - Public Question Period - The PDSB Chair - Janet McDougald that she is in a Conflict of Interest & Bias
situation regarding the naming of a school after her and her duties on the PDSB!!!!
- Video - Lakeview Ratepayer Association questions are asked about the renaming & letter.
- Pictures.
Jan. 25, 2012 - Media - School board to examine naming policy
- Media - Five schools to close
Jan. 30, 2012 - Still no name on school.
Feb. 3, 2012 - Conflict of Interest & Bias against Peel District School Board Trustee & Chair of the Board - Janet McDougald !!!!
Feb. 8, 2012 - Media - Mississauga MPP raises concerns about school renaming & Trustees must listen, MPP says - should be the same news
article !!!!
Feb. 13, 2012 - Media - Network Peel, Halton take opposite approaches to naming schools.
Feb. 14, 2012 - Media - Renaming of school after a sitting trustee sparks outrage - Global News
- Letter from PDSB - In regards to my Complaint - it shows that the "Director of Education" & their "legal counsel" can't read or is
illiterate. That by the PDSB keeping my letters & other facts off the public records, so taxpayers can't decided for themselves
- is an admission of GUILT by the PDSB members!
- Peel District School Board meeting. - EVENTS
- 9.3 Response to Delegation: Dan Anderson regarding the proposed school closures in the Clarkson Community
- 9.7 Response to Delegation: Michael Lucid regarding the process for renaming schools
- Minutes for the Jan. 24, 2012 PDSB meeting - it also shows their guilty mind trying to hide the facts & should be seen as an by the PDSB members! This what the face of government censorship & cover-up
looks like - if you know where to look for it.
News articles, events & pictures from before Dec. 1, 2011 and related to the renaming issue are here.
Like - Lakeview school demolished
Which school is which?
One reason for confusion in this matter is that the school at 1500 Ogden Ave. (Neil C. Matheson) was renamed or referred to as
Hartsdale Avenue Public School, while the real one is being built on Hartsdale Ave.
More about that here.
Sept. 27, 2011
Peel District School Board - Regular Meeting
Text from the Sue Lawton Janet McDougald, Chair Brad MacDonald 3. Conflict of Interest There were no conflicts of interest declared. 22. Private Session Resolution No. 11-274 moved by Beryl Ford - seconded by Rick Williams Was it in this "Private Session" or secret meeting where the renaming of Hartsdale took place? |
Dec. 1, 2011
Peel District School Board - Annual Organizational meeting
which announced the gift of, or renaming of Hartsdale Public School to Janet McDougald Public School.
Key Points;
The move to rename the school was made months before in Sept.
And at this Dec. meeting Janet McDougald was acclaimed as the Board's Chair or no one ran against her.
Meaning, the other Board members appear to be completely united in this Janet McDougald LOVE-IN.
This can also be seen as a Christmas present to Janet McDougald and her family.
The
Inaugural Address, Janet McDougald, December 1, 2011.
Talk about the IRONY of it!
Some of things she said really make you wonder.
The picture presented to Janet McDougald, Dec. 1, showing her name on the building.
Wonder how much this picture cost us?
Janet McDougald acclaimed as chair, TORONTO, Dec. 1, 2011 /CNW/ - At their annual meeting on Dec. 1, trustees of the Peel District School Board acclaimed Janet McDougald, trustee for Mississauga wards 1 and 7, as chair. McDougald has been a trustee for 23 years, has served as chair for 14 years and was previously vice-chair for three years. Suzanne Nurse, trustee for Brampton wards 2 and 6, was acclaimed as vice-chair. Nurse is starting her sixth year in public office. Trustees also made the decision to officially rename Hartsdale Avenue Public School in honour of McDougald. |
Dec. 1, 2011
Hartsdale School Council meeting minutes
-
Hartsdale Avenue School Council Constitution (Adopted - Dec. 1, 2011)
Dec. 2, 2011
Friday
Notice of Public meeting Dec. 6, 2011
The letter that announced the gift of, or renaming of Hartsdale Public School to Janet McDougald Public School.
Here are some of the observations made by a parent |
Dec. 2, 2011
Media
Mississauga News - By Julia Le
School renamed in board chair's honour
Lots of pictures - the media photo-op.
Dec. 5, 2011
Monday
This the first petition & on the Internet.
Stop
HARTSDALE AVENUE PUBLIC SCHOOL
from being renamed Janet McDouglad Public School.
Peel District School Board Trustees made the unanimous decision, in a secret meeting, to rename the Mississauga school at 498 Hartsdale Avenue, the Janet McDougald Public School. This decision was made without the consultation of those directly affected by this – specifically our children.
The students at Hartsdale Avenue Public School have lived with chaos and uncertainty for the past 2 years. Once again the school opening has been delayed causing further uncertainty. The only thing the children could count on was the school name – Hartsdale. They have put considerable thought and effort into a mascot and colours for their new school. Now the ‘heart’ has been taken out of the kids and their Hartsdale Husky.
We want our school name to remain
HARTSDALE AVENUE PUBLIC SCHOOL.
{got 136 signatures so far}
Facebook - page here
&
tweetmeme
A look into the thinking of From: Ina Fournier From: Helen & Randy O'Malley From: Janet McDougald, |
Dec. 6, 2011
The letter that up-dates the opening of Janet McDougald Public School to Hartsdale families
AND doesn't call this school by its new name.
Dec. 6, 2011
Public meeting about new school (by whatever name) at 1500 Ogden Ave.
Dec. 6, 2011
Mississauga News - Dec. 6, 2011 (10:03 am) - By John Stewart
Renaming stirs controversy
Article posted before the meeting.
Mississauga News - Dec. 6, 2011 (6:27 am) - Editorial
Names get political
CBC - Dec. 6, 2011
Renaming Mississauga school causes controversy
Mississauga News - Dec. 6, 2011 (11:11 am) - By - Joseph Chin
School renaming sparks controversy
A meeting to update the community on the progress of construction of Hartsdale Avenue Public School
turned rowdy tonight when about 50 parents blasted their long-time trustee Janet McDougald
for accepting the decision by her fellow trustees to rename the new school for her.
Toronto Star - Dec. 6, 2011 - By Kristin Rushowy, Education Reporter
‘Secret’ school name change angers parents
Lots of comments!
Dec. 8, 2011
Media.
Mississauga News - Dec. 8, 2011 - By Joseph Chin
Peel Board stands by decision
The Peel District School Board followed policy and procedure in renaming a new school in south Mississauga
after longtime trustee and chair Janet McDougald
— and it will follow through with the change despite fierce opposition from a group of parents.
Torstar Network - Dec. 8, 2011
Pick names in public: Ministry
Decisions on what to name schools must be made in public, says Ontario's education ministry.
Dec. 13, 2011
Peel District School Board meeting
Agenda Item. 4. Conflict of Interest
There were no conflicts of interest declared.
Helen O’Malley, a parent from the Hartsdale Avenue Public School community, and whose son attends the same school, asked why the naming of a public institution was done at a private meeting, at which the community had no representation. She commented on the lack of inclusiveness in the re-naming decision. Helen O’Malley also queried the re-naming of the school mid-year, instead of in September 2012, and she mentioned that this has caused confusion within a community that has gone through a three‑school amalgamation. Helen O’Malley indicated that the one constant the students could count on during this process was the school name. She advised that much thought, hard work and research went into choosing a new mascot and school colours. Helen O’Malley also asked whether the re‑naming of the school would involve a cost to the Board. Chair McDougald responded.
Michael Lucid, asked whether re-naming the school to Janet McDougald Public School was conducted through a formal voting process, and he expressed the opinion that the process involved a conflict of interest. He asked when Janet McDougald was formally advised of the re-naming, and queried why the public was not informed right away. He also asked the Chair of the Board whether she was present at the private meeting and whether she agreed with the public and Ministry comments on the re-naming process. Chair McDougald responded.
|
Dec. 14, 2011
Media.
Mississauga News - Dec. 14, 2011 - By Julia Le
School renaming passed
Despite opposition from a group of parents, the Peel District School Board
has stood firm in its decision to rename Hartsdale Avenue Public School
after long time trustee and Board chair Janet McDougald.
Jan. 10, 2012
Media Release.
THE - DEMOCRATIC - REPORTER
Station B - Box 1504, Mississauga, Ontario, Canada - L4Y 4G2
the-democratic-reporter.com - watcher0I0@eol.ca
NEWS RELEASE -- NEWS RELEASE -- NEWS RELEASE
Lynwood School cover-up
There will be a presentation to the Peel District School Board (@ H.J.A. Brown Education Centre - 5650 Hurontario Street), tonight, Jan. 10, at 7:30, regarding the facts that support the case for a cover-up regarding what has been happening with the demolition of Lyndwood Public School and the building of a new school. Controversy & issues of conflict of interest with petition being signed to oppose the renaming of the school to honour the sitting Ward school trustee, Janet McDougald, are just the tip of the iceberg of the wrong doing in a City well known for wrong doing.
Further details will be presented tonight.
Jan. 10, 2012
Peel District School Board meeting
Jan. 10, 2012
At Peel District School Board meeting - Hellen & Randy O'Malley addressed the School Board regarding the name change from
Hartsdale Avenue Public School to Janet McDougald Public School.
Many good reasons are presented - including the rising costs to do.
Address to PDSB Board of Trustees 10 JAN 2012
A spokesperson for the Ontario Ministry of Education has said:
"The expectation is that it [a school name change] be made in a public setting."
The trustees have ignored the financial cost of implementing the (Hartsdale) name change.
There are expenses, both monetary and for personnel time needed to make changes.
For example:
The Hartsdale Public School library has 7000 books - they all need to be relabeled - that will cost both time and money.
School visitor passes, hard laminated cards have already been printed - another cost.
A large, professionally matted and framed commemorative picture was presented to Janet McDougald on December 1, at the board meeting.
The actual meeting at which the school name change was voted on also incurred unnecessary costs.
This is a conflict of interest. According to the PDSB website,
Jan. 10, 2012
At Peel District School Board meeting - Donald Barber made a Delegation regarding events around the
demolition of Lyndwood Public School and the building of a new school, that just had its name changed.
The
Lyndwood School Cover-up
or
If it walks like a duck, quakes like a duck
and swims like a duck
- it is a duck.
This presentation is about wasting money, opportunities, bad decisions and likely some very wrong shenanigans. In a Democracy the citizens are to form their own opinions based on the facts, learn from the past and do better then those in the past - even if those still hold office. Given the facts, the Peel District School Board & the sitting Ward school trustee, Janet McDougald, have really screwed up and I am certain there is more then the discovered facts to be turned up as they are using the standard methods for a cover-up. This is to reward those who have done wrong by giving them honours they should not get and it distracts the public from the real issues.
I am not here only to criticize - I have way to help & fix the problems created by the inappropriate and wrong decisions made for the wrong reasons.
The reasons to suspect shenanigans;
The decision made by the Peel District School Board to renamed or change the name of Hartsdale Avenue Public School to Janet McDougald Public School, to honour the long sitting School Trustee for that Ward, while she was still in office (which could be seen as a political gain as well), in the middle of the school year, in a secret meeting, without consulting the taxpayers or the community (when Ontario's education ministry agrees with the community, naming of schools is a public affair), without debate, while disregarding the legitimate concerns of parents ( It also has created a number of angry kids), by way of petitions shows no respect, is not the usual way to name schools and the media notes - it “smacks of cronyism and conceit.” Have all her years in public office and as Chair of the Peel School Board taught her this? What kind of commitment to Democracy, the community and professional ethics is this & what does it teach the children? Lastly, to fall back on the claim it is “based on solid legal opinion”, makes it clear how little this Board cares.
Now, on to what else has gone wrong;
There is a lot and more to be found, I am sure, so lets start with wasting thousands of dollars and important opportunities.
Some background - I went to Lyndwood school through all its grades and was blessed for it because it had what just about every other school didn’t - real wood! It was named regarding the Lyndwood forest that was just the north. Every day I would walk or ride my bike to school and in the forest recall seeing deer, huge oak trees and there was a pet peacock in a yard. I was inspired by the great Douglas Fur or Cedar beams and planks in the ceiling and else where. It gave the school life and lived up to its name - very rare indeed.
In most of Lyndwood there were long planks of Cedar some 2 ½ inches thick by 5 inches wide which after decades had developed a very warm finish. There was a plan to save some and use them on one wall in the library, however all that remains are 2 small pieces. Anyone who has a clue knows the value of this wood was huge and to have it smashed up, destroyed, would say it was a criminal waste. In fact, that could be said to how the rest of building was recycled as well. No proof we have learned any lessons about environment & recycling - the biggest issue and lesson of our time & last 50 years - it is proof of failure on a grand scale. Not blaming the construction company at all, in fact they were great in helping former students save parts of Lyndwood - the blame is squarely on backs of the Peel School Board and Janet McDougald.
This Cedar could have been used to breath life into the new school, connect it to our community’s heritage and pride or at the least sold to help a school Board that says it doesn’t have enough money. What we are left with is concrete, steel, glass and false ceilings, the mistakes from the 60's dumped on us because of the dinosaur’s who make the decisions that spend our tax dollars for education. Like the way local libraries have been rebuilt - throw back designs that don’t reflect the reality we live in or what our children must deal with.
Part of this cover-up is to destroy the evidence - even one wall would raise questions as to why more was not saved and the City of Mississauga is doing all it can to eliminate the only other stack of this Cedar in existence and a local whistle blower who saved it for the community.
The school being built doesn’t inspire teaching, learning in its classrooms or even attendance, it is more likely to inspire truancy and vandalism. And likely very bad for the health of human children, with no living wall any where. It looks more like a prison and we should rename it to the Janet McDougald Prison School as it will have such a negative affect on the students of Peel.
On that note I have some of that wood that will be put on a string which our Trustees can wear around their necks as an albatross of for deeds, while we try to figure out where the money all went & how.
As noted at the start, there is enough wood saved to carry out the original plan, fix the errors and then some but it will be certain terms as this Board shows no competency to carrying out the tasks of the day and for future generations.
Jan. 10, 2012
Peel District School Board Pictures.
Jan. 9, 2012
Mississauga News - By John Stewart
Parents oppose closing schools
Angry parents. Clarkson area parents raised concerns during a recent public meeting about proposed school closings.
Parents will address the issue again at another meeting set for Wednesday night at the school board's headquarters.
Jan. 11, 2012
Media.
Mississauga News - By Jan Dean
Nobody asked us: Parents
Angry parents - Randy and Helen O'Malley told last night's meeting of the Peel District School Board
they aren't happy about the renaming of Janet McDougald Public School.
Letter from the Lakeview Ratepayers Association
calling for the PDSB to reconsider its position regarding the renaming of Hartsdale Public School.
Their web-site is here.
Local Internet media posts the Letter from the Lakeview Ratepayers Association
The Compleat Citizen Newsletter
Their web-site is here.
Jan. 19, 2012
Media
Mississauga News - Jan. 19, 2012 - By John Stewart
Ratepayers challenge naming
The Lakeview Ratepayers' Association (LRA) is calling on the Peel District School Board
to reverse its decision to rename
Hartsdale Public School for local trustee and Board chair Janet McDougald.
Jan. 24, 2012
Media
Toronto Star - By Kristin Rushowy, Education Reporter
Peel board to discuss school-naming policy, director says
Jan. 24, 2012
Letter to Peel District School Board
This letter was faxed in to the PDSB & Media just after 2 pm., Jan. 24. Have not seen the printed copy of the Agenda (which was huge & all copies gone when I got there) to know if it made it in. This is a very important & powerful letter. It comes from my book - The Culham Brief - & the first part relates more to the circumstances that gave rise to the book - HOWEVER - it is always up to reader to use the wording, understands the events and apply them to other cases, to aid their understanding and communications to others. History repeats but not exactly, so as a citizen of a Democracy it is your job to defend it by knowing its corruption in all its forms & standing-up and speaking-out! Otherwise all those who suffered, were crippled and died for what few Freedom & Liberates we have will have been in vain.
The second part of this letter deals more directly with legal rulings of note.
Peel District School Board - HJA Brown Education Centre
ATTN: Marion Smith - Executive assistant for Board meetings.
5650 Hurontario Str. Miss. Ont. L5R 1C6 Fax.# 905 890-6698
RE: Canadian law & Conflict of Interest - Bias - This letter should be included with the Peel District School Board Agenda / or Additional Agenda
for its next meeting - Jan. 24.
Dear Sirs: Jan. 23, 2012
Having read the Peel District School Board (PDSB) guide lines for Conflict of Interest it strikes me they are not in keeping with Canadian law regarding the matter and should be. Having written a book about this - The Culham Brief - regarding the actions of Ex-Councillor David Culham while sitting as a Ontario Municipal Board (OMB), Judge, I have some knowledge on the matter which is shared below. It also needs to be noted that this book, although it had a small publication, was widely circulated to those in government and Mr. Culham’s stay at the OMB was one of the shortest.
At this point I would also like to point out that the PDSB says it is on solid legal ground because in its POLICIES AND REGULATIONS - Policy # 27 (NAMING OF SCHOOLS), it states - “Administrative Regulations” ... “The Board may also choose to rename a school with a majority vote of the Board. The Board does not need to approve alterations of a school name connected to the grades served (i.e., Senior to Middle).“ I would submit the it is an improper use of this section, as its use in this case voids all other Guides lines, Regulations and Policies both at the PDSB and Provincial levels that would make name selection fair, open to the public/Taxpayers and Democratic. Please respond to this.
The following is from my book and the context has not been changed as the ideas are common and the reader will have to applied it to this situation & parties anyways - FURTHER MORE, at the letter is a Conclusion the PDSB needs to respond to as well.
Fairness and the OMB
The OMB Code of Conduct lists Fairness as being one of its main goals, in all of its repeated actions. This fairness is not only adhered to in order to comply with the law but also to ensure that the OMB members are "avoiding situations that might undermine the public's confidence in their objectivity and impartiality." The OMB has both a moral and legal obligation to avoid any whiff of scandal or hint of corruption in the mind of a reasonable person who views the facts or events. The reasons why Mr. Culham should not have been the OMB judge of this matter are numerous but also are the questions that need to be asked, such as how he could ever have become the lone OMB member for this Hearing.
- 2 -
The OMB Code of Conduct, Section 1, states "FAIRNESS - Principle - Members must provide services and perform statutory functions in an impartial, lawful, unbiased and just manner. Member Responsibility * Members have an obligation to act fairly in the conduct of adjudicative proceedings."
Mr. Culham has a history of being unfair towards the Northmount community, the Cawthra Bush and myself. As the Cawthra Bush is one of the Northmount community's greatest assets, harming the former is detrimental to the latter and vice versa. The list of how Councillor Culham's actions and inactions help the City harm the Cawthra Bush is dealt with later on in this brief. The OMB/Mr. Culham, by not taking issue with or fully investigating the CRRA & FCB Nov. 27/03 letter about the unlawful methods being used by the City as well as other documents in our submission to the OMB, was approving one of the most unfair methods imageable at erecting barriers to our participation & defeating the community efforts at being meaningfully involved in this OMB Hearing and related Planning issues. This is contrary to the second most important section of the OMB Code of Conduct - Accessibility.
Councillor Culham's history of prejudice and ill-will goes back to early 1994, when he had the chance to aid our community effort but instead remained silent, later to become active against us and our interests. Councillor Culham had claimed to be a environmentalist but oddly did not call me up to offer advice or how to deal with the Mayor in order to save the Cawthra Bush. Maybe Councillor Culham was not willing to share the title of environmental activist?
In documents from the Peel Archives, he labels me an "extremists". As Councillor Culham was fighting a losing political battle with the Mayor, it is not unreasonable to think that in the political world he could try to be useful to her and do her a favor in hopes of getting one for himself, that a politician (Mr. Culham) would help another politician (the Mayor) by defeating a community effort (ours) especially if it was not in his Ward. He even suggested starting a group to undermine ours.
Mr. Culham's involvement with the City's Official Plans and the Cawthra Woods Management Plan, both of which he was significantly involved in therefore making him the judge of his own past actions. How reasonable is it to expect Ex-politician Culham to be a fair judge of his own work? I can hardly see where OMB Member Culham can "provide services and perform statutory functions in an impartial, lawful, unbiased and just manner.", given his conduct and when he is, in effect, the judge of his own work, Ward business associates & political accomplices.
How fair is it that the 3 letters (Feb. 11/04-# 2 [Faxed], Feb. 23/04 [Faxed & in mail], Mar. 15/04 [Faxed]) and phone call (Mar. 5/04) sent to the OMB Chair about this matter go unanswered? I know of another member of the community who called the OMB about this issue and was met with hostility for asking questions about Mr. Culham's conduct. Where is the OMB's fairness and honour? The OMB has given its stamp of approval to the unjust & unlawful methods used by the City and has even aided the City agenda when it allowed OMB member Culham to judge this matter. Further, it will be setting a precedence for other ex-politician OMB members to get involved in matters that will destroy what little remains of the public's trust.
- 3 -
In brief, what is Conflict of Interest?
Conflict of Interest is being Bias for gain. Any kind (or even the appearance) of personal gain or special interest regarding the matter being judged is a matter of great concern to Canadian legal standards. The involvement of past political associates, who currently control Mr. Culham's political legacy is noteworthy. The public could reasonably suspect some kind of gain by the OMB member by way of a hidden political favor (being made or returned) or that he has some other special personal interest, which is very possible given the circumstances surrounding this OMB matter. As the evidence for Bias is very strong, it is logical to seek the reasons for the Bias.
The OMB or the Board must respect its own rules and the greater body of Canadian law to preserve the faith of Canadians in their own government and legal system. It is a common thread throughout Canadian common law, administrative law, natural justice and law in general, that there be an automatic disqualification for any Judges who have any Conflict of Interest with one of the parties or is otherwise so closely connected with a party that they can reasonably be said to be judge in their own cause. "The fundamental principle is that a man may not be a judge in his own cause."[1]
The OMB has set out its standard regarding Conflict of Interest in its Code of Conduct, which is worded slightly differently from what is commonly noted in the legal judgements for Canadian courts/quasi-judicial functions that also govern the OMB. The OMB Code of Conduct uses the words - "a financial interest" or "gifts", need to be involved "or may be perceived to be". The standard I am writing to is mostly to the one mentioned in the cases noted, but also how many people express it to me and appears to be noted in the OMB's Code of Conduct. The interruption that "gifts" or benefit(s) that "may be perceived" as having the appearance of a Conflict if Interest, can reasonably bring Conflict of Interest into this matter, as it involves items that have a dollar value and that the OMB member could reasonable want or have a special personal interest in. The usual standard for a quasi-judicial tribunal and courts are addressed in this brief (performed to the best of my ability) to demonstrate the seriousness of this matter.
Politicians often see their legacy as more important then direct financial gain and it could be considered a personal gift to their ego and memory. The standard of a gift with a personal or special interest can easily apply in this case. The "Culham Trail", a gift to Mr. Culham's political legacy, comes first to mind. Then there are the hundreds of trees he planted and other projects he takes to heart in seeing as his political legacy in Mississauga. The "Culham Trail" is still under construction, so changes to it could occur. I am sure OMB member Culham would not like to see any of his political legacy fall into disrepair, renamed, unfinished/built, removed, etc, all of which the Mayor has significant control over, who many have noted, has no love for Mr. Culham and is vengeful. Because of Mr. Culham's long history in Mississauga it is reasonable to assume there could be many other ways the long term Mayor Hazel McCallion could apply pressure to Ex-Councillor Culham's legacy of his other special interests. The OMB Code of Conduct does talk about the OMB member not having any kind of "financial interest" in the matter before adjudication. This is not something I have had time to fully research.
When the Issue of Conflict of interest was first presented to Mr. Culham in an OMB Hearing, he responded by threatening me with police action rather then properly dealing with the issue as the OMB Code of Conduct requires, a move more typical of a City of Mississauga Councillor. I did not pursue the matter fully at that time due to his threats against me.
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In brief, what is Bias?
Bias is a lack of neutrality or impartiality (real, perceived or the reasonable apprehension of it) on the part of a decision-maker regarding an issue to be decided, such that "considerations extraneous to the evidence or the applicable law, policy or argument made in the case" can affect the decisions made. It may even be the likelihood of an unconscious Bias or favouritism due to dealing with those before an OMB Hearing (or otherwise involved) that have a current or past relationship, (personal or business) with the OMB member judging the matter. One example of Bias the OMB uses that is particularly germane is "There may be an apprehension of bias when a Member demonstrates possession of and reliance on information that has been gained through prior involvement with one party to a dispute regarding the dispute." Ex-Councillor Culham sat on Mississauga City Council, in general, and specifically, during his years on the Urban Forest Management Advisory Committee. Because Conflict of Interest is one of the foundations of Bias and proving a direct financial gain in a Conflict of Interest case can be very hard (more so for members of the public) Bias has a very broad interpretation to help prevent Conflicts of Interest. Bias is grounds for removal of a judge or overturning a decision.
The OMB Code of Conduct states, "section 13. BIAS AND APPREHENSION OF BIAS Member Responsibility * Members should not only be unbiased, but also appear to be so. A reasonable apprehension of bias by an observer can be as detrimental to the hearing as actual bias." The OMB Code of Conduct also goes into detail about other items significantly tied to Bias, such as; (1) Fairness; (4) Quality and Consistency; (5) Transparency; (8) Courtesy; (9) Good Conduct and (11) Impartiality. All of these can be viewed as relating to Bias, as violating them could easily be seen as a sign of partiality, such as in this case and how OMB member Culham conducted the Hearing. Cedric Barclay once said, "silence is an arbitrator’s mother tongue". Mr. Culham may have been silent regarding sources of possible Conflict of Interest and/or Bias (before his written decision) but he certainly was not when it came to his verbal harassment of the public.
...
The legal rulings at the Court & Supreme court level
The source of legal ruling quotes is an article - Bias a Canadian Perspective (July 2001) by Trevor H. Bishop, at the law firm of Brisset Bishop in Montreal, which can be found at www.amac.ca/Bishop.htm. The term "judge" is used to cover all those who hold legal hearings, including the OMB. It is clear that rulings quoted from the Supreme Court down regarding Conflict of Interest and Bias are to be applied to all persons acting in judicial and quasi-judicial functions. This includes the OMB.
CONFLICT OF INTEREST - what does it mean in broad terms, to most reasonable people? To paraphrase the wording in the Information and Privacy Commission Order M-1091, a decision-maker, or judge, is in a Conflict of Interest situation when it is reasonable to assume that he or she is making decisions based on their personal interest rather than in the public's interest . The question thus being, did the decision-maker or judge have any kind of personal or special interest in the issue being decided or in the effect the decision had? For example, by providing a benefit for another by failing to be impartial, the judge could in some way be benefiting. Conflict of Interest can be taken as the trading of favors or some form of patronage, not necessarily direct financial gain, as the OMB rules suggest. A breach of this fundamental rule of fairness should automatically cause a statutory delegate of the jurisdiction to judge and decide the matters at hand.
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If a delegation does not take place, the result of this loss of jurisdiction is to render his or her decisions void. This is regardless of whether or not a Conflict of Interest was declared at the time.
It is common thread throughout Canadian common law, administrative law, natural justice and legal process/systems in general that there be an automatic disqualification for any judges who have any Conflict of Interest(s) with one of the parties or those involved in general, or is otherwise so closely connected with a party that they can reasonably be said to be a judge in their own cause. "The fundamental principle is that a man may not be a judge in his own cause." It is a logical and reasonable extension of this principal that a person should not judge their own work.
BIAS - generally means a "pre-disposition towards", "prejudice", absence of impartiality, and "unfavourably inclined", in other words to unfairly favour one side at the expense of the other. Impartiality & independence are necessary elements for creating the environment that the principles of natural justice and administrative law need to operate in. Generally, consideration of Bias by the courts focuses upon whether or not there is a reasonable apprehension of Bias in a particular proceeding. The courts have concluded that a "reasonable apprehension of bias" or "justifiable doubts" are sufficient to intervene and it is not necessary to establish actual Bias on the part of the decision-maker.
Both Conflict of Interest and Bias cause a loss of independence and impartiality. The concept of independence and impartiality is entrenched in S. 11(d) of the Canadian Charter of Rights and Freedoms (Schedule B of the Constitution Act, 1982, Appendices to Revised States of Canada, 1985). This section states in part that: "11. Any person charged with an offence has the right: (d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal."
Valente v. Her Majesty the Queen [1985] 2 S.C.R. 673, at page 689 of the Valente case, Mr. Justice LeDain states: "Both independence and impartiality are fundamental not only to the capacity to do justice in a particular case but also to individual and public confidence in the administration of justice. Without this confidence, the system cannot command the respect and acceptance that are essential to its effective operation." The reasonable apprehension of Bias calls into question not simply the personal integrity of the judge but the integrity of the entire administration of justice.
The public must see those who would judge as capable of administering justice without fear or favour. When a society's or a community's judges are seen to be making judgements in a position of Conflict of Interest or are believed to be making Biased decisions, this can be viewed as the beginning of uncontrollable patronage and corruption of the government by knowledgeable and reasonable persons, the kind of corruption that endangers our Democracy's very existence.
Significant legal rulings regarding Conflict of Interest and Bias
The first Supreme Court of Canada case being referred to relating to impartiality or Bias is Szilard v. Szasz [1955] S.C.R. 3. at pages 6-7: "It is the probability or the reasoned suspicion of biased appraisal and judgment, unintended though it may be, that defeats the adjudication at its threshold."
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The Supreme Court of Canada dealt with the subject again in 1978 in the cases of The Committee for Justice and Liberty v. The National Energy Board [1978] 1 S.C.R. 369. This case involved an administrative tribunal where one of the members of the board had been involved previously as a member of a group which had studied matters related to the application that came before the board. This case bares a striking similarity to this OMB matter. Chief Justice Laskin for the majority held at page 385 that "the only issue here is whether the principle of reasonable apprehension or reasonable likelihood of Bias" applied to the board. The majority held that the member of the board must be disqualified based on the test of reasonable apprehension of Bias.
The classic test and current standard for a reasonable apprehension of Bias was that stated by Justice De Grandpré in the above case at p. 394: "The apprehension of bias must be a reasonable one, held by reasonable and right-minded persons, applying themselves to the question and obtaining thereon the required information ... what would an informed person, viewing the matter realistically and practically, and having thought the matter through, conclude." The apprehension of Bias itself must be reasonable in the circumstances of the case or in this case the political realities in the City of Mississauga.
Another reason why the standard of any "apparent" or possible Bias or Conflict of Interest is enough to disqualify a judge is that there could be a chance of unconscious Bias and even that is to be avoided. Cited in a Supreme Court of Canada case, Benjamin Cardozo, from his work "The Nature of the Judicial Process" (1921): "Deep below consciousness are other forces, the likes and dislikes, the predilections and the prejudices, the complex of instincts and emotions and habits and convictions, which make the [person], whether he [or she] be litigant or judge." In Canadian law, the difference between "apparent" and "unconscious" Bias is not clearly defined. However, it is apparent that a "real danger" is equivalent to "actual" Bias, even if unconscious.
In the Newfoundland Supreme Court, in Sanwa Bank California v. Quebec North Shore & Labrador Railway Co. Ltd. (1988) 48 D.L.R. (4th) 360. The judge (page 367) held that the principle on which he must make a decision was whether "reasonable apprehension of bias arises where there exists a reasonable probability that a panel member may not act in an entirely impartial manner".
No evidence of actual Bias need be established.
In the judgement of Lord Denning in Metropolitan Properties Co. (FGC) Ltd. v. Lannon [1969] 1 Q.B. 577 who had held at page 599: "In considering whether there was a real likelihood of bias, the court does not look at the mind of the justice himself or at the mind of the chairman of the tribunal, or whoever it may be, who sits in a judicial capacity. It does not look to see if there was a real likelihood that he would, or did, in fact favour one side at the expense of the other. The court looks at the impression which would be given to other people. Even if he was as impartial as could be, nevertheless if right-minded persons would think that, in the circumstances, there was a real likelihood of bias on his part, then he should not sit.
And if he does sit, his decision cannot stand:”
Suffice it is that enough reasonable people might suspect he was Bias or in some kind of Conflict of Interest. The reasons are clear enough. First and fore most, justice must be rooted in confidence, and confidence is destroyed when right-minded people believe that the judge was biased and an unfair hearing had taken place.
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Under Canadian law, there must only be a "reasonable apprehension of bias" and the apprehension must be "substantial". In the Northmount OMB Hearing, the grounds for apprehension of Bias are "substantial". The OMB's Code of Conduct is to an even higher standard: "Members should not only be unbiased, but also appear to be so."
In Conclusion;
The Board members improper used and failed to properly abide by the Guides lines, Regulations and Policies both at the PDSB and Provincial levels that would make / safeguard the naming selection for schools - fair, open to the public/Taxpayers and Democratic. That would also make sure their decisions are in the eyes of the taxpayers / public and Canadian Law, free of Bias and Conflict of Interest. That Janet McDougald by sitting as Chair & at PDSB meetings when the issue of renaming of Hartsdale School was being dealt with, was in a clear Conflict of Interest. As she would be if she dealt with this matter in anyway, given its nature. That as the PDSB has placed itself into such a mire of Bias and Conflict of Interest - at a time when its being uncovered (at great cost) as a cancer on local governance in Mississauga - the issue of renaming & related issues should be forwarded to the Provincial Ministry for review and to allow the correct level of public input / involvement.
I am willing to discuss my letter with you and there is an answering machine you can leave a detailed private message on. My phone number is (905) ***-***** & E-mail.
Sincerely yours, Mr. Donald Barber - Editor of The Democratic Reporter - Candidate for Mayor 1994, 1997, 2000, 2006 and 2010.
Jan. 24, 2012
Letters from the PDSB before hand.
9.2 - PDSB - Response to O'Malley's Delegation.
9.4 - PDSB - Response to Donald Barber's Delegation.
Jan. 24, 2012
Peel District School Board meeting.
|
Dan Anderson shares his concerns about how schools were closed in Peel / Mississauga. I didn't record his whole Delegation but when he started to talk about the ARC Committee being falsely informed that a survey being made just before a vote was taken, got my attention. Then it was noted efforts to correct the official record were denied not allowed - we should all be concerned the PDSB took no interest in this! When I talk about cover-up, it is about things like this - how important decision & processes can be controlled to ensure certain outcomes. In this case misinformation is bad enough but when no effort is made to correct the record, there is little reason to think it was an honest mistake & when those in charge of the whole process (PDSB) see no reason to ensure that decisions affecting taxpayers children can all be seen as honest and above board - you can be certain the fix is in! I am sure there is more. Oh, yes, there the issue of their "Trustee's earlier role in the undermining of the arrangements for an Aug 3 community meeting" - that "The focus is on maximizing the number of school closures." Mr. Anderson is a member of the local community & an insider to the ARC and given the details presented in a very professional way - a must read. One can't truly understand what is going on at the PDSB by just looking at single issue - they are conected. Dan Anderson's PDF of his PowerPoint to the PDSB Dan Anderson's PDF of his Delegation to the PDSB Dan Anderson's PDF of his - Ancillary, issue # 3 - for his Delegation to the PDSB Park Royal Community Association - Newsletter - Sept. 2011 (notes the ARC) Here Dan Anderson presents the last part of his Delegation. There is some interesting interaction between a Trustee and he, regarding how a community meeting didn't happen. |
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Public Question Period;
It was just before 11 pm, I was the first person to ask a question and there really was only one question to ask dealing with the renaming of Hartsdale Public School to Janet McDougald Public School - one question that would cut to the core of the issue. Here it is.
Janet McDougald - There you are. (mike was off)
Don B. - OK, Donald Barber and a good late evening to you all. I have one quick question to the Chair, Janet McDougald.
In regards to having a school named after you, is it something you desired, something you had an interest in or
maybe something you saw a value in?
Janet McDougald - I certainly see great value in it.
I am very honoured to have that recognition, especially by the colleagues, my colleagues on the Board.
And it is a wonderful credit to the work that I have done but mostly on behalf of my family I am very honoured.
Don B. - Thank you very much. Good night.
Janet McDougald - Thank you.
Not only does this gift have great personal value to her but to her family as well.
Jan. 24, 2012
Peel District School Board meeting pictures
Jan. 25, 2012
The E-mail I sent out the next day.
At the PDSB meeting, in Public Question Period, just before 11pm, the Chair - Janet McDougald confessed !! - she is in a Conflict of Interest & Bias situation regarding the naming of a school after her, when responding to the simple, short question put to her by me - Donald Barber.
Yes - I asked her if having a school named after her was something she desired, had an interest in, maybe saw some value in - she answered,
she saw great value it !!!!!!!!!!
This means not only should she not be sitting on the school Council whenever the renaming issue came up but it opens the door to the opinion that the Trustees who voted for the renaming were trying to buy favour or bribing her with the renaming!!
It maybe hard to show how or if she was involved in getting the renaming done but there are other stones to turn over - as can be learned by reading my letter WHICH, by the way, was faxed to the PDSB ahead of time and therefore she should have known my line of questioning, so her answer can't be seen as not knowing the law or facts.
This was the all important question that cut right to the core of this LEGAL matter & community issue. Came up with it while there and wrote it on the back of Michael Lucid's delegation (didn't have a napkin), he was nice enough to give me a copy of. It is presented below as this is how real life works - that the best plan can occur on the spur of the moment.
Jan. 25, 2012 Torstar Network Mississauga News - By John Stewart - with files from Roger Belgrave
Media
School board to examine naming policy
Five schools to close
Still no name on front of school, so there is hope.
Detail of the picture presented to Janet McDougald Dec. 1, showing her name on the building.
Formal letter of Complaint
regarding
Conflict of Interest & Bias
by the
Peel District School Board (PDSB) Chair - Janet McDougald
&
all other members of the PDSB.
Feb. 8, 2012
Media
Mississauga MPP raises concerns about school renaming -
Toronto Star&
Trustees must listen, MPP says - Mississauga "Missing" News
should be the same news article !!!!
Feb. 13, 2012
Media
Network Peel, Halton take opposite approaches to naming schools
Mississauga News - By Torstar
Feb. 14, 2012
Media
Renaming of school after a sitting trustee sparks outrage
Global TV News - Feb. 14, 2012
Letter from PDSB
February 13, 2012 [ 1 ] - "our legal counsel" meaning acting in the best interests of the PDSB & not the public - while being paid for with "our" tax dollars. |
Feb. 14, 2012
Peel District School Board meeting
- Events -
{Agenda items of note} Minutes for the Jan. 24, 2012 PDSB meeting 37. Public Question Period [ 1 ] - Isn't this special - they note the question but not the answer! Furthermore - it also shows their guilty mind trying to hide the facts & should be seen as an admission of GUILT by the PDSB members! This what the face of government censorship & cover-up looks like - if you know where to look for it. |
9.3 January 27, 2012 "Our membership survey results indicate that Hillside Public School has We recognize that this accommodation review of ten schools has been a complex and |
9.7 Michael Lucid regarding the proposed school closures in the Clarkson Community February 14,2012 [ 1 ] - The Chair of the Peel District School Board - Janet McDougald, a Trustee for 23 years, [ 2 ] - Everyone knows that Michael Lucid is saying that this meeting took place in such a way as the public knew not about it, what business that was done or who said what or why - by definition, a secret meeting [ 3 ] - "We also want to be absolutely clear that there is no real or perceived conflict of |
How the PDSB responds to Delegations; The Democratic Reporter Lakeview Ratepayer Association
|
News articles, events & pictures from before Dec. 1, 2011 and related to the renaming issue are here.
Related as in - PDSB saying got no money but can trash a school lined with GOLD!
Mississauga News - By Julia Le - with files from Chris Clay
Students won't get bused
Mississauga News - By Chris Clay
School board wants fees waived
Mississauga News - By Torstar Network
Who gets cash from Britannia Farm land deal?
Mississauga News - By Roger Belgrave
School board selling centre
Mississauga News - By Roger Belgrave
Candidates show little interest in debates
Mississauga News - By Roger Belgrave
Funding still an issue with school board
Mississauga News - By Torstar Network
Special ed funding falling short
May 11, 2011
Mississauga News - By Roger Belgrave
Peel school board says Dalton can't add
Mississauga News - By Roger Belgrave
School board up $6M
Feb. 23, 2011
Mississauga News - By Roger Belgrave
Board taps financial reserves
----------- 2010 ----------
Dec. 29, 2010
Mississauga News - By Julia Le
Lakeview school demolished
Dec. 2, 2010
Mississauga News - By Roger Belgrave
McDougald back as chair
Dec. 1, 2010
Mississauga News - By John Stewart
Veteran trustee bids farewell
There is a Ruth Thompson Middle School in Churchill Meadows.
Mississauga News - By Julie Slack
More schools could close
Mississauga News
Residents fear traffic problems at new school
June 16, 2010
Mississauga News - By Roger Belgrave
Kindergarten classes not guaranteed
Mississauga News - By Julie Slack
Same school, different name
---------- 2009 ---------
Mar. 24, 2009
Mississauga News - By Radhika Panjwani
Peel Board okays school closures
[ 1 ] - Of course it also means a women / person.
[ 2 ] - WOW - when Mississauga's Queen of Conflict of Intertest - Mayor Hazel McCallion - sends in a letter congratulating Janet McDougald on getting a
school named after herself, you know it is creditable & honest decision! Or NOT. You see both have been in their roles as politicians for many
years and know how to get things they want, done. As Hazek has not made an effort to UN-Elect Mrs. Dougald, it is safe to say that Hazel see her
as someone she can work with. And as Hazel already has a school named after her - welcome to the club!
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