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Thursday, 07 April 2005 11:06

Wood_Duck

Nature Reflections, April 7 2005

Nature ReflectionsApril 7 2005

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Wood Duck

My pond is freed of ice early because there is water being pumped into it from my heat pump, which keeps the water moving. On the morning of March 29, a sudden splash in the ice-free water was the landing of four Wood Ducks, three males and one female.

The Wood Duck must be one of the most beautiful ducks in the world. The male with his distinctively patterned head with red eye and red on the base of the bill, iridescent green and blue on his crest, bronze and purple iridescence on his greenish back, reddish-chestnut breast and patch on each side of the tail is readily recognized. While the female is much more muted in colouring, she too is a beautiful bird with bronzy reflections on her brownish back, broad eye-rings which trail toward the back, and also with a crest though this is not as pronounced as that of the male.

It was apparent that the female in my pond was being squired by one of the males. He kept closely by her side, except when he chased one of the other males away. Was it courtship or a cementing of an already-established pair bond that made him bob his head and raise his crest? Research has shown that pairs are usually established before the return from their winter abode, and that it is the female who leads the way back to a familiar area - though most often not with the same mate as the previous year!

So, its probably a new mate. He will, however, stay with his mate for a longer period than most other duck species. He does not take part in the incubation, but will remain in the area of the nest, sometimes flying past the nest hole with a soft call, to which the female will respond. Other times when the female leaves the nest to feed, she will call vociferously when landing on water, the male will hear and fly to her side.

The nest (it is her choice) is usually a natural cavity or large woodpecker hole in a tree. Though sometimes returning to the same nest she had used previously, if she needs to prospect for a new home when the mated pair first arrive, it is not unusual to see them land high in a tall tree, from which place the female will crane her neck looking for cavities. The one she chooses may be from 2 to 65 feet above the ground, though more commonly 30 feet or more.

Over the years there was considerable speculation about how the young leave the nest and reach water. A. C. Bent, considered to be one of the best sources of information on birds, in an 1923 publication, mentions that several writers had written about the female carrying the young to the water with her bill, between her feet, or on her back, though he did not necessarily agree with this. It is now generally accepted that the young, equipped with sharp claws and bill will respond to the mother ducks calls, spring upward toward the nest entrance (which may be as much as four feet above the nest), then cling to the nest wall, spring again, and will reach the opening, pause momentarily, then spring outward. Falling with their tiny wings outstretched, they may fall like feathers as much as 60 feet, landing on the water or bouncing on the ground below without injury.

If the nest is far from water, the mother will lead them to its safety, but the journey is fraught with danger, and sometimes none of the little brood survives. Once on water, the young are still in danger from snapping turtles, large fish or other predators. I once saw a mother leading only four young (probably some had already been lost) across Highway 7, but being closely followed by 2 crows, one of which seized one of the tiny ducklings. Nature can be cruel.

Observations: Steve Blight reports seeing a lone Sandhill Crane, calling loudly, flying over Armstrong Road on March 28. Vernon Crawford saw two swans flying over Sharbot Lake on March 29, and on the 29th, Shirley Peruniak saw a Turkey Vulture over Sharbot Lake. On March 30, Helm in Oconto had both a Brown-headed Cowbird and an Eastern Phoebe. In the past few days Peter Bell has seen a Belted Kingfisher, Wood and

Ring-necked Ducks. Near my home an American Woodcock was calling on April 3, and a Winter Wren singing on April 4. Share your observations; call Jean at 268-2518, or email This email address is being protected from spambots. You need JavaScript enabled to view it.

Published in 2005 Archives
Thursday, 25 August 2005 10:45

Nature_reflections_aug25

Nature Reflections - August 25

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Nature Reflections

August 25, 2005

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Gray MerriamLegaleseGeneral information and opinion on legal topics by Rural Legal ServicesNature Reflectionsby Jean GriffinNight Skiesby Leo Enright

Feathers

I have a number of Black-capped Chickadees coming to my feeders, and two in particular caught my attention. Both were rather dishevelled in their appearance, and one looked as if it had had the feathers on the back of the head pulled out. This did not stop their busyness - finding a fat sunflower seed (they really seemed to prefer those that were already shelled), then flying to a safe place to eat. Safe places were not readily available, because as soon as they flew off with food they were followed by squawking youngsters.

The youngsters were in bright, fresh plumage. Was it the task of raising these babies until they were able to fend for themselves that had brought these two adults to such unkempt appearances? Probably not. They are probably going through a molt to replace worn-out or damaged feathers (which may have been the result of the task of parenting!).

Feathers are a most important part of any bird anatomy, and perform several vital functions. They serve as insulation, and water-proofing, are essential for flight, and the colour of the feathers may provide camouflage or for species recognition and displays during courtship and breeding behaviour. So what else is a bird to do when the feathers have been damaged, or worn, but to replace them - by molting.

The old, worn feathers are loosened by the growth of new intruding feathers and eventually are pushed out. Many adult birds will molt once or twice a year, and the number of times relates to the wear tear of the feathers. A bird that migrates a long distance, or one that lives in thick brush dodging among twigs will wear out more rapidly than those that live in open country or do not migrate.

When a species molts depends on the need. Birds, like my chickadees, who will stay in this area during the winter, will need more insulating feathers during that time, and winter plumage may contain as half again as many feathers as summer plumge - they have to be ready for the cold. Another thought - a bird cannot change colour from a bright summer plumage to a more drab protective winter colour without changing the feathers.

Ducks, which tend to be heavy relative to their wing surface, will change their feathers all at once in a period as short as two weeks or up to a month. At this time they will be hiding on secluded lakes where there is better safety from predators. Some of the hawks or eagles may replace their feathers over a period of two years or more - a much more gradual process. Many of the smaller birds, like the chickadees, will do it in 5 to 12 weeks. In fact, I already see an improvement in the appearance of the two that first caught my attention.

Many males will molt into their most colorful breeding plumage just prior to the breeding season (which may be a second yearly molt for them). But if this is a Redpoll winter, take a close look at the birds when they first appear. The pink color will not be very noticeable - even though they already have their bright breeding plumage! It is hidden - the rosiness of breeding colour will gradually emerge as the feathers get worn down over the winter - they will not need to molt to go through courtship and breeding!

Observations - Please share what you have seen - call Jean at 268-2518 or email

Published in 2005 Archives
Thursday, 27 October 2005 10:45

Nature reflections_05\\\'43

NatureReflections October 27, 2005

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Nature Reflections

October 27, 2005

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Gray MerriamLegaleseGeneral information and opinion on legal topics by Rural Legal ServicesNature Reflectionsby Jean GriffinNight Skiesby Leo Enright

Autumn Leaves

by JeanGriffin

Autumn and time to watch for the changing colours in the leaves. The various shades of green are gradually, or sometimes almost overnight, being replaced with an even greater variety of yellows, oranges, reds or browns. The leaves are dying as they change colour because they are losing the vital life-support of sap, as the cool days force the movement of sap downward instead of upward.

So the leaves on individual trees start to fall, first just one or two, then gradually in greater numbers, until the limbs are bare, though not all trees shed at the same time. But soon there is a scattering of leaves on the ground.

Driving down the road on a windy day you can see the autumn leaves in a different context. A sudden gust of wind sends them dancing on the road ahead. An even stronger gust will lift them into the air - they almost seem to be reaching back to the limbs from which they came as they soar higher and higher, but then the wind bates and almost reluctantly they float back down to earth. Sometimes they seem to be racing ahead of the car, then another gust and this time they swirl and eddy around the car as if inspecting this intruder.

Meantime those still clinging to the branches of the trees seem to be in battle as the wind whips them to and fro - they seem to be eager to let go, but equally eager to stay, or is it the tree itself that is unwilling to release them. As the wind blusters and lashes them more and more, trees are forced to relinquish their hold and their leaves join those that have already escaped. And the trees are left to face the coming winter without their mantles of greenery.

Is this the end of the leaves? - no, it is just another chapter in nature. Those that fall on a pond will at first float, though driven by the wind to one end of the surface of the water, but soon they will become waterlogged, and one by one, they sink to the bottom, where they will gradually decay. Those on the ground will form a blanket under the trees from which came, and this blanket will offer protection to the roots of plants and grasses as well as seeds over the winter. But they too will start to decompose as bacteria and other small animals attack them, and now, no longer living organisms, they are absorbed into the earth and become nutrients for other life - a source of food for the seeds that sprout in spring, and perhaps for the very trees from which they came.

That is the promise of nature - of spring - renewed life! From death comes life as nature recycles and allows nothing to go to waste.

Observations: Many Golden-crowned Kinglets are passing through - one stunned itself on Helm's window in Oconto, but did survive.Two swans (most probably Trumpeters) were on McGowan Lake for a few days.I found a Blue-spotted Salamander on the 20th.Watch for the northern ducks coming south ahead of winter. Share your sightings. Call Jean at 268-2518 or email This email address is being protected from spambots. You need JavaScript enabled to view it..

Published in 2005 Archives
Thursday, 20 October 2005 10:44

The_hunt

Feature Article - October 20, 2005

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October 20, 2005

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Gray MerriamLegaleseGeneral information and opinion on legal topics by Rural Legal ServicesNature Reflectionsby Jean GriffinNight Skiesby Leo Enright

The Hunt:love it or hate it

Commentary by Gray Merriam

Many who hunt feel that hunting is a way to get back in touch with nature, a periodic return toward their pioneer roots. They feel that just being able to find your way around in the bush sets you aside from many who no longer feel safe away from the concrete. Making a tea fire and sitting comfortably for a quiet lunch brings contemplation of those who had to live that way before us. A few days in a primitive hunt camp can be another version of pioneering. A November tent camp is even closer to the earth – and the rain. Hunting can lead to observing nature and becoming closer to it in a lot of ways. A lot like a canoe and camping trip, they say.

But there is a difference, others say. Animals are killed. That means pain and suffering by other sentient beings – the deer. And the response comes: "Those pork chops on your plate, where did they come from?” and “We hunters strive for clean kills. We choose effective rifles, we sight them in and practise to become good shots; we train ourselves to take only shots that will give quick, humane kills".

"Besides, if hunters did not regulate the deer population, there would be too many deer and some would starve. Deer will damage your gardens and crops. So hunting is good for the whole ecosystem and for you non-hunters, too – essential, in fact."

“Are you sure that, down deep, you aren’t just exercising the relentless desire of humans to dominate nature?” say the anti-hunters. And the hunters respond: "You mean like turning native vegetation into lawns? Or surrounding your place with “Mosquito Magnets” to kill all the bugs? Doesn’t any attempt to dominate nature assume that all other beings are inferior to humans and can be dealt with as needed?”

Along with all the other values of hunting, many argue that it is their annual release from the pressures of everyday work and worry – it is highly valued recreational relief. "It's just like fishing is recreation for some other folks. Back to nature and maybe harvest a little something special for the ‘Hunter’s Dinner’, just like the ‘Fish Fry’ at the Legion".

The philosophical debate rages on, driven as much as anything by the differences in attitudes between the growing urban population, many migrating to our region, and the shrinking rural folks. It is more a socio-political debate than one that can be settled by even the best philosophers – Singer, Regan, Rolston and others have tried. Meanwhile the hunt goes on and is an undeniable core element of our local culture.

Published in 2005 Archives
Thursday, 29 September 2005 10:22

Nature_reflections_sept29

Nature Reflections - September 29, 2005

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Nature Reflections

September 29, 2005

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Gray MerriamLegaleseGeneral information and opinion on legal topics by Rural Legal ServicesNature Reflectionsby Jean GriffinNight Skiesby Leo Enright

Nature Reflections:Pioneers

by Jean Griffin

Pioneers is a word usually used to recall our forebearers who colonized this country - those who traveled to strange unknown lands, and endured hardship and toil to establish a home under extremely difficult conditions.

But there are other ‘pioneers’ that still live around us and some of these are thought to be the oldest living organisms on earth. These are the lichens.

Lichens are pioneers on bare rock, desert sand, soil, wood, bones, metal and the living bark on trees - and can colonize almost any undisturbed area. One report tells of their growing on a plastic lens on an abandoned car. We can find them on older buildings, gravestones, stonewalls, and most plants or trees older than two years.

So often we overlook them, perhaps nothing more than a black smudge on a rock. But the variety, beauty, and colour of the various members of this class of life are awesome. Colours most often seen are greens, grays, oranges and yellows, but the real beauty of lichens is their intricate design. The shape may be three dimensional, perhaps an intricately-patterned filigree or lace work. Stop and take a closer look!

Another amazing thing about these organisms is that each is not a single species but a symbiotic association of fungi and algae (or even two algae). While algae have been found living alone, fungi have never been found in nature by themselves.

There is still much to be learned from studying lichens, but it has been discovered that they are able to tell us much about recent climate change, and studies are being done to use lichens with a known growth rate (which is very slow) to determine when the last ice age retreated. Some lichens grow only in the purest of atmosphere, and their absence in cities could be a warning of pollution.

Over the centuries native peoples have used lichens as dyes and medicines - many have antibiotic properties. Modern mankind still uses lichens in the perfume industry, and packing for florists. Nature makes use of lichens in a variety of ways. Caribou can smell lichen through the snow, and it may make up to 90% of the caribou winter diet. Northern Flying Squirrels have been known to make nests of one kind of lichen, and also use it as a part of their winter diet. Lichens can help Mountain Goats and Black-tailed Deer survive when snow covers other food. Fifty species of birds may use them in building nests, and Spruce Grouse and Wild Turkey are reported to eat lichens. Many small creatures use them for habitat and camouflage, such as Lacewing larvae, which may camouflage their sticky bodies with powdery lichen fragments and become almost invisible until they move.

Lichens - another marvel of nature.

Observations: Helm in Oconto, has had a Red Fox streak across his lawn, found Suillius americana and Lepiota naucina mushrooms, and has had a Grey Treefrog. Share your observations, call Jean at 268-2518, or email This email address is being protected from spambots. You need JavaScript enabled to view it.

Published in 2005 Archives
Thursday, 08 September 2005 10:25

Nature_reflections_sept8

Nature Reflections - September 8, 2005

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Nature Reflections

September 8, 2005

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Gray MerriamLegaleseGeneral information and opinion on legal topics by Rural Legal ServicesNature Reflectionsby Jean GriffinNight Skiesby Leo Enright

Nature Reflections:Strangers in my Garden

by Jean Griffin

I enjoy the native flowers that grow in this area, and have encouraged many to grow in my garden, transplanting some, and growing others from seed. But not everything that grows in my garden is expected. Weeds? - yes, expected and, when the weather and deer flies cooperate, removed. But over the years I have had some surprises.

One of the first to arrive was a wild flower, which I have identified as Golden Corydalis, though it may be the more common Yellow Corydalis. This is a beautiful little flower, with delicate, lacy leaves and was a welcome stranger. I believe the seeds arrived with a load of topsoil, and it still lingers, coming up from seed each year, usually surprising me as to where it appears, but never overpowering other plants.

Another that arrived came with a plant I had purchased from a nursery. It was riding along in the pot, and again, because it was a pretty flower and not a local weed I let it grow. This one was a member of the violet family and I do not think native of this area. I have had other violets growing in my garden, some of which I have deliberately transplanted from the local wild, and have not found them to be a nuisance. To my dismay this one was - within a couple of years it was taking over the whole area of the garden where it first appeared, and so I spent many hours digging out innumerable offspring. I found that it was particularly prolific and I needed to dig it out before it went to seed, and, as well, if I did not get the whole root it reappeared. I have finally (I think) got it confined to a small rocky area, though it has also spread into the neighbouring lawn and natural areas.

One plant that grew near my bird feeder one year, proved to be the Great Ragweed - it was at least six feet tall, and having recognized it I destroyed it before it could go to seed. It was not far from where I had been feeding birds, and I suspect it had arrived as a seed among those the birds enjoyed.

This year, another surprise, and this one has me puzzled. I have been unable to identify this intruder, which again I believe came along with the bird seed. At least they (there are - or were two plants) were growing underneath the area where the bird feeder was. It is a sturdy plant, with a stem as thick as my thumb growing about four feet tall. The leaves are large, toothed, almost as wide as long, somewhat similar to the daturas which some people grow because of their large beautiful blossoms. This one also has a beautiful blossom, though not similar to the daturas. The mauve flower with a white center looks very similar to a Morning Glory. The flower only survives for a day and quickly disappears leaving a green seed pod that is very similar in shape to a Chinese Lantern with a round seed inside.

Because it is a large, possibly-invasive intruder I decided I could not let this one go to seed and proliferate, so I have destroyed the plants, but am still wondering what they were. If anyone has any ideas, let me know.

Observations: My male hummingbirds have disappeared, and there is much less activity at the feeders. Share your sightings, call Jean at 268-2518 or email

Published in 2005 Archives
Thursday, 15 September 2005 10:25

Whiticar_moose

Feature Article - September 15, 2005

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September 15, 2005

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Gray MerriamLegaleseGeneral information and opinion on legal topics by Rural Legal ServicesNature Reflectionsby Jean GriffinNight Skiesby Leo Enright

The further adventures of Whiticar, the Balderson Moose

You may have wondered what’s become of Whiticar, the Balderson Moose. Well, he’s had quite an adventure.

After months of faithfully keeping watch outside the Balderson Cheese store, Whiticar went missing one night and was discovered badly bruised and beaten in a ditch. Restored to health, he was returned to Balderson once again to welcome visitors to the cheese and chocolate stores. Then a few months ago, a couple of mindless brutes stole him again, breaking his legs and injuring one of his splendid antlers.

Whiticar, showing his true Canadian heart, escaped and bravely made his way to Tim Horton’s in Almonte, confident that someone there could help him get back to Balderson.

Unfortunately, back in Balderson, his troubles weren’t over. His family there found they were no longer able to care for him. So not only did Whiticar need operations to mend his legs and antler, he was now orphaned and homeless. A truly sad state of affairs.

Happily Whiticar’s situation has started to improve.

Up the road in Lanark Village, the Nature Lover's Bookshop has invited Whiticar to join its family of forest animals, such as Booker Bear, in welcoming visitors to explore the wonders of the store.

And that’s not all. Jerry Dowell, renowned for his skill in repairing car bodies, is also a talented moose doctor and has agreed to perform the orthopedic surgery Whiticar needs at the Perth Fair on Saturday, September 3. After the fair, Whiticar will travel to his new home in Lanark Village. His formal Adoption Party will take place at the Nature Lover's Bookshop, 62 George St, 2 pm, September 11. z

Come out and give Whiticar your moral support after all he’s been through. He’ll recover much more quickly knowing the spirit of the community is behind him.

Contact: Mary Vandenhoff, 613 259 5654.

Published in 2005 Archives
Thursday, 15 September 2005 10:25

Nature_reflections_sept15

Nature Reflections - September15, 2005

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Nature Reflections

September 15 2005

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Gray MerriamLegaleseGeneral information and opinion on legal topics by Rural Legal ServicesNature Reflectionsby Jean GriffinNight Skiesby Leo Enright

Nature Reflections:Blobs

by Jean Griffin

There is always something new to learn from nature. Last week I had an email from Dorina about a strange object that had appeared in a pond. Only by going on the Internet had she found out what it was - a Moss Animal or Pectinatella magnifica. Never having heard of this before I also went on the Internet and learned one of nature’s lessons.

My lesson was on Moss Animals or Bryozoans. The football-sized object found by Dorina was actually a colony of these tiny animals called zooids (bear with me - I will in future call it the "blob") living cheek to jowl in a colony. This colony is gelatinous, firm and slimy to the touch, with the gelatinous mass being mostly water (about 99%), and the surface appearing to be divided into rosettes, each made up of 12 to 18 zooids. Dorina said the surface looked "like a golfball".

These not uncommon colonies or blobs will form on submerged logs, sticks, wooden docks, rocks, etc, and unless they attach to someone’s irrigation intake pipe and clog up the system they are rarely seen. A blob may be up to two feet in diameter with up to two million of the genetically-identical zooids, though more commonly football-size or smaller. Favourable water conditions and temperature encourage rapid growth in the size of a blob.

These blobs are harmless to humans, functioning as filter feeders as they remove nutrients from the water that surrounds it. Generally they are found in stagnant water high in nutrients such as ponds or canals. Each of the tiny animals has a food-gathering structure with many ciliated tentacles extending like flowers when the animal is feeding, or withdrawn into the interior. They feed on even smaller animals and plants which we don’t see when we glance into the water. A magnifying glass with a three to five power magnification will reveal the individual zooids. When disturbed these contract, but if placed in water and left undisturbed, in a few minutes they will extend themselves and become active, waiting for food, and reacting when a morsel touches the tentacles.

If threatened by fish predation (yes, they in turn are eaten by larger creatures), the blob will emit a pungent odour. At some time in the late summer or early fall the blob will break up into small, circular, disk-like cysts, each bordered by a crown of spines In this form the animals are resistant to severe environmental conditions and this is the means of survival of the animals from year to year.

Here endeth the lesson!

Observations: The strange plant in my garden is Nicandra physalodes, Apple-of-Peru, also known as Shoofly Plant. Thanks to all who phoned. I am seeing sparrows and warblers migrating through. What have you seen? Call Jean at 268-2518 or email This email address is being protected from spambots. You need JavaScript enabled to view it..

Published in 2005 Archives
Thursday, 01 September 2005 10:26

Nature_reflections_sept1

Nature Reflections - September 1, 2005

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September 1, 2005

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Gray MerriamLegaleseGeneral information and opinion on legal topics by Rural Legal ServicesNature Reflectionsby Jean GriffinNight Skiesby Leo Enright

Blanding's Turtle

by Jean Griffin

Working in my garden this morning I picked up a small ‘stone’ which suddenly moved in my hand. This less than two-inch ‘stone’ was actually a baby Blanding’s Turtle. I first thought it was a baby Snapping Turtle, so upon checking with my books on reptiles and amphibians, I was delighted to find that it was a Blanding’s.

I have seen Blanding’s Turtles here several times over the past few years, and in fact one year there were at least three that laid their eggs in my flower bed. But this year I had not seen any and I was concerned that this rather uncommon turtle was no longer around. The female must have visited my garden without my knowledge, and the eggs she had laid had managed to survive the hot, dry summer, and the threat of meandering Raccoons and Striped Skunks.

I only found one, so hope that other babies have also managed to hatch, and have perhaps moved on - or are not yet hatched. I took this one down to the edge of my pond, with the hope that it will be safe from predators, and be able to reach adulthood.

The uncommon Blanding’s Turtle has an elongated, smooth, high-domed carapace with irregular yellow or tan markings or dots, which may be absent in older turtles. It can be readily recognized by the bright yellow throat and chin as no other Canadian turtle has this marking. It prefers boggy, plant-filled, stable water bodies such as shallow lakes, wetlands and slow-moving streams and rivers. Females do not mature until at least 14 years or older (the baby I found has a long way to go!) but may live up to 80 years, and breed every other year. The female who visited my garden in late May, June or July may have laid up to 22 eggs, though more commonly 6 to 15, in "nests that are dug in areas of well-drained sandy loam or sand" (doesn’t sound like my garden!) though another source says they lay their eggs on rocky beaches, and put every rock back into place. Apparently the gender of the babies is determined by incubation temperature of the eggs.

An adult turtle may hiss when frightened and quickly draw into its shell where it can remain for hours. My baby made no sound, but did draw back into the shell. Blanding’s turtles spend most of their time in water, where they feed on fish, minnows, insects and other small aquatic life. While on land they will also eat vegetation. Baby turtles are eaten by predators such as Great Blue Herons, Shrews, Raccoons, and even ants - did that happen to any siblings of this one?

Observations: Let me know when your hummingbirds leave, and watch for any unusual ones - Rufous Hummingbirds may wander our way in the fall - rarely - usually late in the season. Marily Seitz in Ompah reports 8baby Wild Turkeys on Aug 26. Call Jean at 268-2518 or email This email address is being protected from spambots. You need JavaScript enabled to view it..

Published in 2005 Archives
Thursday, 23 February 2006 04:25

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Legalese

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Legalese

Police complaints

by Peter Graham, staffLawyer

Legalese - A column of general information and opinion on legal topics by the lawyers of Rural Legal Services, Box 359, Sharbot Lake, ON, K0H2P0, 613-279-3252, or 1-888-777-8916. This column is not intended to provide legal advice. You should contact a lawyer to determine your legal rights and obligations.

Police Complaints - In Ontario , if you have a complaint about the conduct of a police officer, the services provided by a police service or the policies of a police service, there is a formal process in place to pursue that complaint. The Players - Each municipal police service in Ontario is governed by a police service board, which is responsible for ensuring the adequacy and effectiveness of its police service. Province wide oversight of policing services is provided by the Ontario Civilian Commission on Police Services (OCCPS), an independent, civilian, quasi-judicial agency that reports to the Minister of Community Safety and Correctional Services. Making a Complaint - Complaints may be made only by persons directly affected by the incident giving rise to the complaint and should be made within six months of the incident. The complaint must be made in writing and be signed by the complainant. There is a standard complaint form. Although a complaint may be made without the form, the information required in the form must be included. The completed and signed complaint must be mailed, faxed or delivered to any office of the police service named in the complaint or to the OCCPS office. Initial Processing a Complaint - Initially the chief of the police service (or the commissioner of the Ontario Provincial Police [OPP] as the case may be) classifies the complaint. The chief/commissioner may decide not to deal with a complaint for one of the following reasons:

ؠ the complaint was filed more than six months after the incident that led to the complaint;

ؠ the complaint is frivolous, vexatious or made in bad faith; or

ؠ the complainant is not directly affected by the incident.

Complaints about Conduct - A chief/commissioner must ensure that every conduct complaint that passes the initial screening is investigated and based on that investigation may:

ؠ find that there is misconduct or unsatisfactory work performance of a less serious nature and propose that the matter be resolved by way of informal resolution. Such resolution requires the consent of the complainant, the officer and the chief/commissioner.

ؠ find that there is misconduct or unsatisfactory work performance of a serious nature and hold a disciplinary hearing into the matter. A complainant is advised about his or her participation in the hearing.

ؠ find that the complaint is unsubstantiated.

Appeals - An appeal may be made to the local police service board or the local detachment/commissioner of the OPP as the case may be if the complainant disagrees with the outcome of a complaint about the services provided by the police service or the policies of the police service.

An appeal may be made to the OCCPS if:

ؠ the complainant disagrees with the classification of the complaint;

ؠ the complainant disagrees with the decision not to deal with the complaint;

ؠ the complainant disagrees with the finding of the chief/commissioner following an investigation into a complaint about police conduct.

On an appeal, the OCCPS may:

ؠ uphold the decision of the Chief/Commissioner;

ؠ refer the complaint back for investigation;

ؠ assign the investigation of the complaint to another police service;

ؠ find misconduct of a less serious nature;

ؠ find that there is sufficient evidence to allege misconduct of a serious nature and order a disciplinary hearing.

There is no appeal from a decision of the OCCPS.

More information about the complaint procedure, including time limits for the various steps involved, may be obtained by calling the OCCPS at 1-888-515-5005 and on its website at www.occps.ca.

- Peter Graham, Lawyer

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