Feature article,April 7, 2005

Feature article April 7, 2005

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Days of infamy and horror by Jule Koch Brison (publisher of The Frontenac News)

Last week we published a letter to the editor on the subject of abortion entitled A Day that will live in Infamy. The author rightly gave that description to March 21, 1991, the day that the Supreme Court of Canada decided that unborn children are not persons.

Three weeks ago, on March 18, 2005, the court-ordered starvation and dehydration of a disabled Florida woman began. The 14 days between March 18 and March 31, when 41-year-old Terri Schindler Schiavo finally succumbed to lack of food and water, were also days that will live in infamy.

I for one, and many people on both sides of the border and around the world, will not recover from the horror of her death.

Terri Schiavo was not dying; she was not in a coma, on life support or in pain. Her condition had been stable for 15 years. She was fed by a feeding tube, like many disabled people are, but she also was able to swallow her own saliva without drooling. She died at the wishes of her estranged husband, whose motives were at best suspect.

In fact she was executed because she was brain-damaged. And an execution it was, as surely as if the court had ordered her to be shot, because of one very important fact: the judge in the case, Judge George Greer, specifically ordered that not only would her tube feeding be stopped; any attempt to feed her naturally by mouth would also be stopped.

That was not a merciful killing, but it was by definition euthanasia, which is illegal both under US federal and Florida Statutes. : 765.309 Florida Statute: Mercy Killing of Euthanasia Not Authorized... -- (1) Nothing in this chapter shall be construed to condone, authorize, or approve mercy killing or euthanasia, or to permit any affirmative or deliberate act of omission to end the life other than to permit the natural process of dying.

Withholding all food and water is a pretty deliberate act of omission and is specifically mentioned as being illegal both in Florida Statutes and in the Americans with Disabilities Act: Cf 28 CFR, Ch 1, Subpart B, Sect 35.130 states "Nothing in the Act or this part authorizes the representative or guardian of an individual with a disability to decline food, water, for that individual."

The distinction between withdrawing tube feeding and natural feeding was not lost on the judge, who initially, on Feb. 11, 2000, ordered only the tube feeding of Terri Schiavo to stop. An examination of the successive death orders issued by Greer documents his move to euthanasia: The Feb 11, 2000 order reads (emphasis mine): Ordered and adjudged that the Petition for Authorization to Discontinue Artificial Life Support of Michael Schiavo, Guardian of the Person of Theresa Marie Schiavo, an incapacitated person, be and the same is hereby granted and Petitioner/Guardian is hereby authorized to proceed with the discontinuance of said artificial life support for Theresa Marie Schiavo.

A second death order issued by Judge Greer on November 22, 2002, specified the removal of the artificial life-support (hydration and nutrition TUBE) from Theresa Marie Schiavo..

On September 17, 2003 another order again specified the removal of the nutrition and hydration tube.

Finally, on February 25, 2005, Judge Greer issued an order that read: Ordered And Adjudged that absent a stay from the appellate courts, the Guardian, Michael Schiavo, shall cause the removal of nutrition and hydration, from the Ward, Theresa Schiavo, at 1:00 p.m. on Friday, March 18, 2005. This order was horribly carried out.

Did Judge Greer slide down a slippery slope or was he emboldened by the growing power of the right-to-die movement and public support for euthanasia?

And why should Canadians care?

Joined at the hip as our two countries are, as public perceptions go in one country, so they often go in the other. What was done to Terri Schiavo had as much to do with public attitudes towards disability as with the principals in the case. The right-to-die movement has won a great victory. A terrible precedent has been set that will have devastating effects for disabled people in both Canada and the US, many of whom do not have loving families to fight for their rights. If a US citizen could be illegally euthanized in the cruellest way possible, despite a massive campaign to save her life, what will happen to those who have no one to advocate for them? Could it happen in Canada?

Both the pro-life and the right-to-die factions will swear that this was such a horrible thing that it must never happen again; but the right-to-die movement will now be able to build a strong case for giving incapacitated people lethal injections instead of dehydrating and starving them to death.

They have done their worst to Terri Schindler Schiavo and she is now beyond their reach, but the horror of her death may be just beginning for the most helpless people in our society.

- ARTIFICIAL LIFE SUPPORTS? Typically, in peoples minds, mine included, feeding tubes are lumped together with ventilators, internal defibrillators and other mysterious machines as artificial life supports. In fact feeding tubes are low tech and simple to use. In many cases, patients can, and used to be, spoon fed, but that is time consuming. Some physicians are urging that tube feeding be considered basic care.

- "I WOULDN'T WANT TO LIVE LIKE THAT" In 1993, my first husband died after years of illness. He had at least seven or eight hospital stays, including three months in the Perth hospital. Each time, shortly after being admitted, he was asked if he wanted to be resuscitated. Each time he said no, and a Do Not Resuscitate order was placed on his chart.. But the last time he was admitted to hospital, he told the doctors that he did want to be resuscitated. He died a week later, and in accordance with his wishes, the doctors did, unsuccessfully, try to resuscitate him.

Such stories are not unusual. Last week, Cy Chapman wrote a very good editorial in the Gazette relating a similar one. Even if Terri Schiavo had said more than 15 years ago that she wouldnt want to live like that, people may change their minds. Would any of us want to be given a death sentence because of remarks we might have made more than 15 years ago?

- DYING WITH DIGNITY: An obituary for Terri Schiavo was placed on the St. Petersburg Times, Florida, website soon after she died last Thursday. It said in part that her estranged husband, Michael Schiavo had fought for her right to die with dignity. It is a mystery what stretch of the imagination would cause the writer to describe being dehydrated and starved to death as a death with dignity, but that is the seductive phrase that euthanasia advocates use.

The problem with the concept of a death with dignity is that death itself is a terrible indignity. It does horrible things to a person. Can we actually remove the indignity of death?

It is not an easy thing to be around sick, disabled or dying people, particularly if they are in pain. To sit with them and share their pain, we have to fight our own deepest fears. The temptation to hasten the dying process is a powerful one. Yet we can give dignity to a sick or dying person, not by giving them a lethal injection, but by caring for them and valuing their life.

Feature article,April 14, 2005

Feature article April 14, 2005

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Tourist operators snub the internet

by Jeff Green

When Lisa Bell started interviewing members of the Land O Lakes Tourist Association as part of a marketing project she has undertaken for the Association, she did not expect to find a wariness towards internet technology.

However, now that she has interviewed about 40 of the 200 members of the Association, she has noted a surprising trend.

Only two of the operators offer or will be offering internet access to travellers at their resort, campground or cottages in the upcoming season, Lisa Bell said. She also found that most of the operators did not know the location of the nearest Community Access Portal (CAP) site where there is public internet access, in order to tell customers the nearest location where they can check email, etc.

Generally the operators said they did not think their customers were interested in internet access, thinking they came out here to get away from it all; but in the same breath the operators say they get good weekend business but need more business during the week. There are very few people that can take a week off without checking in with their business. They need to access the internet even if they are away from the office.

Offering minimal service need not cost very much money, Bell argues. It can be as simple as making a phone plug-in available for people to connect their lap top, for a reasonable fee, Lisa Bell said. People want to stay in touch with their home and business.

Its not as if Lisa Bell has been interviewing older operators, either. Few of the business owners I have contacted are over 50 years old. Many businesses in the Land OLakes region have been taken over by new people, often young couples. These new operators are coming from areas outside this region. Unfortunately some associate technology with the hectic city life that they successfully left behind.

Ironically, some of the operators who bemoan the lack of high speed access in the Land O Lakes are also reluctant to provide service for their customers. They seem to feel that because they only have dial up, their customers would not be interested in having slow internet access while on vacation.

Bell has also found that few local operators have developed email booking systems, or online booking, and this is something she would like to see change.

The Ontario Provincial Park system has a class A internet booking system, and it has been very successful, she said.

Lisa Bell thinks local tourist operators are missing out by failing to fully develop their internet capacities.

Operators need to embrace the World Wide Web; it will only help their revenue, she said.

Feature article, May 19, 2005

Feature article May 19, 2005

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Whose land is it, anyway?

If there is a Federal Election called this week, it will not likely be a very engaging one, at least in this riding. The issues that were discussed in the local campaign a year ago will merely be rehashed, and there is no reason to expect anything but an easy victory for Scott Reid.

There is one issue, however, that is of growing interest to people within this riding.

The enhancement of property rights, including the concept of entrenching them into the Canadian Constitution, has been taken on by MP Scott Reid, and is being promoted heavily by the Lanark Landowners Association (LLA), a local group that has spread its message across rural Ontario.

This is not an issue that will be taken up in national party campaign literature or in leaders debates, but it does have currency. Through the highly publicised activities of the LLA, landowners rights have become a focus for a host of grievances rural people have with the Canadian political and economic system.

The increasing imposition of government regulations over the years, from environmental regulations to township official plans, along with the collapse of the traditional agriculture base of the rural economy, have led many landowners to feel their rights as landowners are being diminished.

The popular slogan of the Lanark Landowners puts it this way, Back off government. Get off my land.

But what does it really mean to own land in this part of Canada?

When land was being settled in this area about 150 years ago, settlers received deeds to pieces of land. Since then parcels of land have been surveyed, severed, bought and sold, but underlying all of this activity, the entire real estate industry and the property tax system, are those original deeds.

Its worth reflecting on this history a little bit.

First of all, when settlers were encouraged by the government of the day to take up the backbreaking job of earning their own land, that government did not have clear title to that land. There had never been an agreement with the people who historically lived in the Ottawa Valley to transfer ownership of the land to the Crown.

This was acknowledged in 1992, when the Federal government entered into Land Claims negotiations with the descendants of the Algonquin Peoples of the Ottawa Valley.

While there are many disagreements among the Algonquin descendants, who are in the throes of internal debate as to how to proceed with Land Claims negotiations, there is agreement that they will not seek privately held lands. Any land that may become involved in a settlement will not be taken from the 59% of the land that is privately held.

Nonetheless, the Province of Ontario has acknowledged that the origin of title to privately and publicly held land in Ontario is tenuous.

The Ontario government website says that a successful negotiation of this land claim offers the Algonquins of Ontario, Canada and Ontario an opportunity to resolve these outstanding issues and provide certainty of legal title to land owners throughout the Ottawa Valley.

Although the Algonquins and other aboriginal nations that had lived on the land in Eastern Ontario before the Europeans came had undergone internal disputes, even wars, over territory from time to time, they never had developed a concept of land ownership.

In the 19th Century, the British-based government awarded timber rights to lumber companies for vast amounts of territory in the Ottawa Valley and elsewhere, sparking irreversible environmental change within the territory. As well, settlers were given the rights to lots, for which they could obtain deeds through the sweat of their brow. These events brought a new era and a new concept of the value of land to the territory

Land was valued for what can be drawn from it. Ownership was granted to individuals who made improvements to the land - in the case of settlers, that was the people who turned vacant land into productive farmland. Important social and cultural values, championing hard work and independence, values that are still cherished today, stemmed from this.

The economic disadvantage of many local communities that sprang up in the 19th century is attributed to the marginal value as farmland of many of the properties. Other communities, such as Robertsville in North Frontenac, thrived for a time as mining towns, but disappeared when the mines closed.

The idea that land is of value in relation to what can be produced on it by farming, or extracted from it through forestry or mining, has gradually been degraded within the past 30 years. This logic has been replaced by a concept of rural land as recreational land, As well, the concept that land is of intrinsic value in its own right, or as part of a greater watershed, has its proponents.

One effect of this is the change in land values. Large tracts of farmland that were economically viable 40 years ago, has lost most of their value, while small waterfront lots sell at a premium price.

A case in point is a farm on Bobs and Crow Lake that was sold for development a few years ago, and is now being promoted. The waterfront lots, which are as small as 2.6 acres, are for sale at prices ranging from $169,000 to $300,000, whereas the farmland lots, which range up to 46 acres, range from $39,000 to $54,000. On the first day the lots were for sale, six waterfront lots sold, and none of the landlocked lots sold.

The value of farmland and woodlots has dropped off. Waterfront is King.

But what does this mean as far as the idea of land is concerned? What does it mean when productive land is left fallow? What does it mean for the human beings, and for the culture that sprang up around making that land productive?

The Lanark Landowners is one group that has sprung up in response to the pressures that are being brought to bear on the established culture of land ownership and use. They focus on the role of government in bringing in regulations that they argue have exacerbated an already dismal economic situation for people who intend to make a living off their land.

On the other hand, cottage associations have evolved into waterfront associations and have become active in the growing environmental stewardship movement within the region, collecting information on shoreline and water quality and providing support for Conservation Authorities.

They have also begun to flex their muscles as regards municipal government, since they represent a group that pays a large part of the municipal tax under the market value assessment regime.

The Provincial and Federal governments have brought in a plethora of acts and regulations that affect land use in rural Ontario. Ontario alone has brought in a Nutrient Management Act affecting farmers, and will be finalising drinking water and source water protection regulations by the end of this year.

Somewhere underneath all of this is the land itself, the living earth that ultimately supports all of the people who live on it, full or part time.

(In part 2 of Whose Land is it, anyway? we will look at competing visions of the future of land use and stewardship)

Feature article, May 19, 2005

Feature article May 19, 2005

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Unusual Illegal dumping charge laid against Rick Steele

by Jeff Green

Impatience might cost Rick Steele dearly.

Through a series of circumstances and misunderstandings, he finds himself charged with illegal dumping after attempting to do bit of clean up on the Bell Line road near his home.

It all started back on April 6. Steele says he got ambitious and decided to pick up some items off the side of the road and bring them to the dump. He pulled up a truck bench, three car tires and a small truck tire and some other items off the side of the road.

He then went to the Olden dump site to dispose of the garbage. Thats where his problems started. He shovelled loose garbage out of the back of his truck. Then, according to Rick Steele, the attendant told me I had to pay $5 for each tire and for the bench

Angie Neuman told the News that she told Rick Steele it would cost $5 in bag tags for each tire and for the bench, and that he had to go to the township office to get them.

When Rick Steele told her that the tires werent his, so he wasnt going to pay, Neuman says I told him he had to go to the township office to sign a form.

As Neuman recalls, Steele then said that if he dumped the stuff at the township office, the township would have to take care of it.

At that point I said, go ahead, do what you got to do, and away he went, Neuman recalls.

Rick Steeles recollection of the events at the dump are somewhat different.

He said that after he was told he couldnt dump the items without bag tags, he said, What am I supposed to do now? Take it to the township? He did not recall, when interviewed by the News, that he was told he could sign a form at the township office.

Steele then proceeded to the township office and took the tires and the bench off his truck and placed them on the ground. I probably shouldnt have done that, he said in retrospect.

He then entered the office and talked to the lady behind the desk. I asked her if one of the township guys could take the stuff away. She said yes, probably; Ive got to go talk to Heather. She went into the office, and nobody came back. I waited for a while, at least five minutes, and then I left.

According to Central Frontenac Chief Administrative Officer Heather Fox, Nancy from the front desk did indeed come into her office. We talked for a minute, and I talked to Sandra Clow, who had received a call from Angie informing her that Rick Steele was coming over to dump garbage at the office. I got a form out and brought it to the front desk, but the man was gone.

Heather Fox does not think the entire process took more than three minutes. She then phoned the townships bylaw officer Ken Gilpin and informed him that Rick Steele had dumped garbage illegally at the township office.

Ken Gilpin recalls that he phoned Rick Steele to inform him that charges were going to be laid.

Steele says, By the time I got home, and I drove straight home from the township office, there was a message on the phone from Ken Gilpin asking me to call him. He told me I was gong to be charged and that I could be fined $500. Then I heard nothing until April 28, when I got a summons

Ken Gilpin said that the time lag between informing people that charges are pending and the actual laying of them can be weeks, or even months.

We lay about 15-20 charges each year in Central Frontenac for illegal dumping, he said, adding that the fine can be up to $5,000. Normally the fines are $350 and up.

Even though the process had been underway from April 6, the township could have had Gilpin drop the charges at any time, and still can right up until the case goes to trial.

Rick Steele says he was waiting to hear from the township throughout the month of April to see how the matter could be resolved. Meanwhile the staff at the township office say they were waiting to hear from Rick Steele.

Township staff removed the tires and the bench about a week after they were left at the township office.

Heather Fox said the township encourages people to help clean up the township through their Adopt-A-Road program, and We have a policy in place for people who decide to pick up litter to come to the township office and get a letter that says what they have picked up at the side of the road so the dump attendant can let them dump the garbage. The letter then comes back to the office. For obvious reasons we cant allow people to go directly to the dumps and dump garbage without bag tags.

The case against Rick Steele came to Kingston Provincial Court in the first week of May. It was adjourned until June 2. Tony Cuthbertson from Rural Legal Services is handling the case for Rick Steele.

I cant afford a $500 fine, Steele says.

Feature article, May 26, 2005

Feature article May 26, 2005

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Algonquin Negotiation Representative Election results confirmed

by Jeff Green

We are now getting underway with preparations which will lead to the negotiation of the land claim, said Robert Potts, the principal negotiator for the Algonquin Land Claim, as the announcement was made that Negotiation Representatives from nine communities have been confirmed.

Four candidates were acclaimed and five polls were held. Chief Electoral Officer Bob Johnson said that 3917 people were eligible to vote in the five communities, and 1650 votes were cast (42%). A total of 47 ballots were rejected for various reasons.

The participation by the Algonquin People and by the electors in those elections that were contested exceeded our most optimistic expectations, said Robert Potts.

There were three protests filed after the election took place, but according to Gary George, Communications Director for the Algonquin Land Claim, after carefully considering those protests and the written submissions from the parties, Mr. Johnson [The Chief Electoral Officer] rejected each of them.

Candidate Melinda Turcotte of Sharbot Lake submitted a complaint against the election of Doreen Davis, and candidate Lynn Gehl of Greater Golden Lake submitted a complaint against the election of Patrick Glassford.

The main thrust of both complaints was that the winning candidates, Ms. Davis and Mr. Glassford, misrepresented themselves as candidates for Nation Representative rather than Negotiation Representative. This, in the context of an election that was intended, according to Melinda Turcottes official complaint, to distinguish between political Algonquin Nation Tribal Council (ANTC) Chief positions and non-political Algonquin Negotiation Representative positions. She cited sections 21 and 22 of the protocol agreement that established the election.

In his response to Melinda Turcotes official protest, Chief Electoral Officer Johnson wrote that It was conceivable or even was anticipated that some confusion might arise from Algonquin Nation Tribal Council (ANTC) Chiefs running for the position of Algonquin Negotiation Representative.

Both Doreen Davis and Patrick Glassford are ANTC chiefs.

However, Johnson wrote that three factors mitigated against this confusion: the original election announcement made it clear the poll was for Negotiation Representative alone; the candidate forum in Sharbot Lake was moderated by Robert Potts, who made it clear to all who attended what was being voted for; and mail-in ballots made it abundantly clear what the purpose of the election was. Johnson also said that the number of people potentially confused by the process would not have affected the outcome of the election as there was such a substantial difference in the number of votes cast for Doreen Davis and yourself. Doreen Davis received 280 votes to Melinda Turcottes 60. The protest was disallowed.

In the case of Lynn Gehl, Johnson wrote that one of the names on her list of 10 supporting signatures, Carol-Anne Maidment, is not on the list of electors for Greater Golden Lake. Accordingly, wrote Johnson, the requirements of section 8 of the Electoral rules have not been met and your protest is disallowed.

The nine Negotiation Representatives from off-reserve communities will now join with the seven members of the Council from the Pikwakanagan Reserve to prepare for negotiations with the Province of Ontario and the Government of Canada.

Feature article,May 12, 2005

Feature article May 12, 2005

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Ah, Nettle, where is thy sting?

by Inie Platenius

Foraging for food makes you eat according to season, and eating seasonally connects you to the past. It wasnt that long ago that come the end of March, people in our climate were salivating at the thought of any fresh vegetable, and the appearance of edible greens was surely a special cause for celebration. The rich taste of fresh wild greens trumpets the presence of important nutrients that had slowly leached out of the settlers winter diets. People eagerly sought the burgeoning plants, and no spring green is richer in taste and in vitamins than the common nettle. Vitamins C, E and beta carotene (a vitamin A precursor), as well as a number of minerals, enrich the nettle leaf. In fact, nettles are still a part of European spring celebrations from Lapland to the south. In Ireland, theyre even a special feature at Beltane, the first of May celebration. On this continent, our first nations used nettles more as a fibre and a medicine.

Ah, but what about the sting? In each stiff little leaf hair lies an ingenious hypodermic mechanism that injects a cocktail of chemicals guaranteed to deliver a painful payload. It is said that a vigorous rub with burdock or rhubarb leaf can ease the pain, but Ive found that only time alleviates the full shock of a nettle sting. Fortunately for our spring cravings, the stinging stuff is de-activated by heat. So, put on your rubber gloves and find a good nettle patch for a tasty and nutritious spring treat. You can sautthem, puree them, quiche-ify them or do anything else that you would do with spinach (except the raw salad part), but my very favourite nettle meal is a rich soup.

Pick only the small tops of young spring nettles. Older nettles or summer nettles wont hurt you, but they pack a bit of a punch, and theyre stringy. Wash them thoroughly and strip the leaves from the toughest of the stems (which make wonderful compost). This recipe uses only ingredients that were available to a settler in late winter.

Cream of Nettle Soup

2-3 Tbsp. butter or olive oil

1 medium to large onion, chopped

12 15 small wild leeks, chopped

1 large potato, peeled & sliced

2-3 cups nettles, washed and firmly packed

5-6 cups chicken broth

1 2 Tbsp. sherry

-1 cup 18% cream

Pinch of nutmeg

Melt the butter and/or oil in a heavy pot. Add onion and leeks (if you have them) and begin to saut Add potato and continue to sauttill onion is translucent. (This sweetens the taste.) Add the washed nettle leaves and chicken broth and simmer till nettles are very tender. Potato will be cooked. Puree and return to the pot. Add cream, sherry and nutmeg and heat to not quite boiling. Serve with good bread, and toast the spring. Oh, and while youre at it, toast the people who lived here before you, for whom nettle was the first taste of healthy green after a long winter without fresh vitamins.

Letters, July 7, 2005

Letters July 7, 2005

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Re: Bears I guess Jean Brown and I are at odds again. I live well away from any neighbours and I really am not afraid of bears. For every person that is mauled or killed by a bear in North America I guess there are about 600 or more killed by men to say nothing of those mauled!

Lets have a spring rapist hunt and keep in mind the 13-year-old girl out west given booze and sex by three adult men and the men not even jailed. The girl Canadian Indian, the men white I wonder: if the girl had been white and the men Indian would they have been shot or just skinned alive? Makes me love bears!

Carmel Gowan

Learning to hate

Remember the line in South Pacific: Before youre six or seven or eight youve got to be taught how to hate.

Anyone that has been awake the last century has seen the promotion of hate, and how hard it Is to undo this damage to peoples minds.

Suppose there are a million old ladies in Canada, each living alone, each heating a house, each driving to the store alone, each cooking for one or worse, not cooking proper meals, and many needing a home care nurse to come by and check on them. Price? Well, since our system is Capitalist thats the one thing that could change peoples minds.

Isnt it sad that so many are so brainwashed with hate and bigotry that they wouldnt even think of sharing their home and life with anyone of the same sex. Of course their community would think the worst as they were taught how to hate, too.

Maybe the same sex law will gradually teach tolerance for both the innocent and the guilty. Have you ever noticed the truth in the saying, the nicest people are the most recently reformed. Scratch the surface a bit and probably they would be stoned to death if we really followed the Bible.

Carmel Gowan

Re: Avoiding Gas Guzzlers

In regards to 'Avoiding gas guzzlers' in your June 23rd edition I would like to make your readers aware that there are non hybrids cars that get much better than the 7 litres per 100 km as stated in the article. The Smart ForTwo distributed by Mercedes Benz according to the 2005 Fuel Consumption Guide gets 4.6 litres per 100km city and 3.8 litres per 100km highway. This is in the same range as the hybrids without the extra cost of a hybrid engine. The Smart engine is a turbo diesel with common rail direct injection (CDI). Car production, components, and recycling of parts are all done on a ecological basis. While it is not a replacement for the primary family car, as it is a two seater, it may fit the bill for a commuter car or a second vehicle. How many times does your current vehicle leave the

driveway with only one person in it and no cargo? Don't be surprised to see a black one on our local roads by late summer ... note there is currently a waiting list for these vehicles.

More info can be found at www.smart.com.

Art Dunham

About Sunday Hunting Why are we now being faced with the possibility of Sunday hunting? Already there seems to be an abundance of Indian cards being issued to persons in our area who may or may not be Indian at all, and these persons are telling us they can now hunt and shoot game any time of the year without fear of penalty. Do we want to have hunting around the clock and on every day of the week? Are we set to wipe out the animal world completely and destroy any hope of peace for people who like at least one quiet day in the week?

How about leaving us this one peaceful day in the week where we might be able to sit in our back yard and relax or take a walk on the road and enjoy nature without fear of having the solitude rudely broken or maybe even of being shot!

And listen up, folks. It is the Lords Day, after all!

Dorothy Thompson

Feature article, July 7,, 2005

Legalese July 7, 2005

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This column is not intended to provide legal advice. You should contact a lawyer to determine your legal rights and obligations.

Do-It-Yourself Wills: to do or not to do

A few years ago my husband, armed with a self-help book, tried his hand at some electrical wiring. On the plus side, the house didnt burn down. On the negative side, he had to endure the laughter of an amused electrician and family friend who found it hysterically funny that anyone could forget about something as basic as a ground wire.

The error was easily fixed. The joke so good that no bill was ever forthcoming.

People who plunge into the task of organizing their affairs with a lawyer approved Will kit remind me of my husbands attempt at being an electrician. Unfortunately, if the tricky task of drafting a Will is not handled properly, there may be no second chance. When family members and executors attempt to interpret such Wills, the author is not around to clear up any confusion. Where legal requirements have not been met or if the confusion ends up in a family feud, the legal fees are likely to be significant and in many cases can eat up a large portion of any inheritance.

Unlike our electrician friend, lawyers tend not to have any sense of humour about do-it-yourself projects gone awry.

This is not to say that some people cannot successfully use one of the several Will kits now available. But as in the case of any other highly specialised task, people ought to think carefully about seeking professional advice before striking out on their own.

Wills are tremendously important documents and they are also extremely complicated. Making even a simple Will is not really a very simple task: the law has strict requirements when dealing with such testamentary documents regardless of the size of the estate.

The technical legal requirements must be met. A kit should explain the necessity of two witnesses who must sign the Will in the presence of each other and the person making the Will. It should also explain that some people may not legally act as witnesses, such as a beneficiary.

The self-help kit may not point out the importance of those witnesses if the Will must be probated (a necessity if certain large assets, including real estate, make up part of the Estate). Probate is a general term describing an application to the Court requesting that a Judge find that the Will is indeed valid and that the named Executor(s) have the authority to deal with the assets. One essential piece of evidence will be an Affidavit given by one of the witnesses confirming that he or she witnessed the signing of the Will and that it was signed in the presence of the Testator with both witnesses present. The Affidavit must be sworn before a Commissioner for Taking Oaths (such as a lawyer) or a Notary Public.

If this Affidavit is not properly completed and sworn at the time of the execution of the Will, the Executor(s) may be faced with the impossible task of finding one of the witnesses many years later. If the witnesses have died, or cannot be found, it may be very difficult, and certainly very expensive, to convince a Judge as to the validity of the Will. The task will be even more difficult and expensive if a beneficiary or family member also questions its validity.

It is standard practice for lawyers to prepare the necessary Affidavit when a Will is signed and attach it to the original document, thus avoiding the problem of the missing witnesses.

This is just one potential pitfall for the unwary. There are many others that arise out of the substance of the Will. Setting up trusts for children, or designating alternative beneficiaries (in case one or more die before the person making the Will), can easily be done improperly or not at all.

Whether a problem exists with the legal technicalities, or in the actual instructions as to how to distribute the estate, the end result is the same: the wishes of the deceased may not be carried out as he or she intended when drafting the Will.

There is also the problem of how to deal with potential income tax liabilities when drafting a Will, depending upon the nature of the assets and how they are to be distributed.

Lawyers look at a Will as only one part of an Estate Plan. Fees for this type of work are usually very reasonable, given the importance of the task, but will certainly increase with the complexity of the estate. A few telephone calls inquiring as to fees for straight-forward Wills would be a good idea before deciding that a do-it-yourself kit is the route to follow. What you save by using a kit will certainly be lost and then some if the Will is not drafted or signed properly.

For those people who meet Legal Aid Ontarios financial eligibility requirements, the legal clinic is often able to draft Wills (and Powers of Attorney) without charge. All residents of northern Frontenac County and northern Lennox and Addington County are, of course, welcome to call us to discuss any questions they may have about Wills and how to find a lawyer to help them if they do not qualify for further assistance from our office.

Every adult should have a Will, and one that will work not like my husbands new light fixture.

Susan Irwin, Lawyer/Executive Director

Feature article, June 16, 2005

Feature article June 16, 2005

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Re: Tom McCabe

There are many reasons to feel sympathy for someone: death in the family, loss of income, a natural disaster damaging/destroying a home etc, but the situation Tom McCabe finds himself in is of his own choosing. All of us at Sunday Lake choose to live here despite or because of the Registered Covenant we are required to sign at the time of purchase. This covenant is registered with the township and makes up part of ones deed. It states, among other things, that "no private residence shall be constructed on the subject lands having a floor area of less than 750 square feet and no building or structure shall be erected or moved onto the subject lands without the plans therefore being first submitted to and approved in writing by Sunday Lake Resort Corporation." "No trailer, van, recreational vehicle or tent shall be used or permitted to be on the said lands for a period in excess of two weeks without the written permission of Sunday Lake Resort Corporation."

Tom signed this covenant but his decision was to ignore it, completely. In fact at one time he had a sign requesting signatures on a petition opposing the bylaws. He is currently living in the back of his van with two sons.

Wouldn't life be grand if at any time that "things got rough" one decided to: not work, home school, not accept responsibility for ones actions and just allow society to pay the bill.

The consequences of his actions should garner no sympathy.

M. Wade Sunday Lake

Re Sydenham Water system

Last night I attended a South Frontenac Township Council meeting. I went because I knew there would be a presentation by the Sydenham Safe Water Association and I have a lot of concerns about my part in this new municipal water system. I wanted to know my costs, not just the estimates of the frontage costs, but also the cost of bringing it into my house and if I do have to cap my well. I also wanted to know when construction would begin on my road and when the construction company was going to come and give me an estimate of the hookup. I was hoping to hear about which people would be exempt from hooking up. I had questions about financing and the strange letter sent to my home asking me to commit to a loan agreement before I even know the cost. I have no idea if I should sign or not.

These are questions a lot of people are asking. Some residents have only just now figured out the water system is going to happen and they are scared. These are the people the Township Council is supposed to keep informed. Mr. Lamb from the SSWA requested that there be a public meeting to help ease the worries of the people of Sydenham. I heartily agree. There needs to be a way for people to ask questions. Or for those us less likely to stand up and face the Council, a way to learn what is going on through the questions of other people.

I dont think its too much to ask of Council, when they are forcing us to pay thousands and thousands of dollars for water we dont want. I dont think its too much to ask for them to take a hour or two of their time to help settle the worries of so many of the people theyre supposed to represent.

Mr. Mayor, have a public meeting. And I dont mean another open house where there isnt the same exchange of information or public explanation of important details. In this so-called democracy we should not have to come begging for information we ought to have had from the start.

Carol Forde

Feature article, June 23, 2005

Feature article June 23, 2005

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Addington Highlands might help out with NF dock Council meeting June 20, 2005

by Jule Koch Brison

Tappings Bay Dock: Although Addington Highlands does not own the public dock at Tappins Bay on Mazinaw Lake, AH councillors have heard a lot from local ratepayers about its possible closure.

The dock is in fact owned by North Frontenac Township, At a recent meeting, North Frontenac Councillors discussed a request by the Mazinaw Lake Property Owners Association that the dock be improved, and several NF councillors voiced the opinion that North Frontenac should sell it to the association for a nominal fee or tear it down if the association doesnt want it.

Reeve Hook has received emails on the subject, and at the Denbigh council meeting on Monday night, he read out one from Robert and Diane Fisher. The Fishers stated that the launch is used not only by cottagers; Hydro One and Bell Telephone workers also use it, as do carpenters and contractors working on cottages. The Fishers said that cottagers who have only boat access to their property are paying taxes for no services and that the dock is important to the economy of the area.

For Councilor Bill Cox, the matter is simple; Addington Highlands doesnt own the launch and should not take on any responsibility for it. Councillor Louise Scott, however, said that since Addington Highlands receives taxes from cottagers on the lake, why not improve it?.. Theyre our cottagers we dont do anything else for them. Deputy Reeve Lorraine Berger concurred, saying, We do make money off it. Although Berger and Scott felt that helping to improve the dock would be money well spent, Councillor Cox expressed concern that other cottagers might expect the township to pay for their docks. However Reeve Hook pointed out that would not be a problem as those would not be public docks.

Council deferred making a decision until after an upcoming meeting with the Mazinaw Lake Property Owners Association, when they will try to find out what the cottagers want.

Contents of Denbigh storage builsing free for the taking: Roads Supervisor Royce Rosenblath said that since it was reported that a storage building at the Denbigh Ball field would be torn down, he has had a number of calls from people asking if they could take various items. Councilor Cox was asked what was in the building and he replied, Nothing but junk! Council decided that allowing people to remove whatever they want will save the township time and money in cleaning out the building; however Royce Rosenblath wont call the people who enquired earlier to give them the go-ahead. Resident Elinor Duncan was asked, and agreed to make a sign to put at the building letting people know they can take anything.

Other matters: Council refused a request to build a road into upper Mazinaw Lake, which the township estimated would cost about $1 million; however the township would consider maintaining such a road if it were built.

Royce Rosenblath expressed satisfaction that tarring and chipping on the Buckshot Lake, Glastonbury and Peterson Roads has been done early, and will result in a better surface. We are one of the first townships to get it done, he said. He said that work on the Hartsmere Road would start next.

AH resident Janet Searles has requested that the township consider upgrading and/or closing a road allowance on which the entrance to her familys property is located. The road allowance is used by ATVs and skidoos and has become greatly eroded. Royce Rosenblath was not familiar with the problem and council was concerned that closing the road allowance would cut off access to other lots. A decision was deferred until more information could be obtained.

A public payphone will be installed on the side of the post office in Flinton.

AH will re-submit the same proposal to the second COMRIF intake that they submitted to the first intake.

Pending solicitors comments, Council approved a bylaw prohibiting the being at large or trespassing of animals other than dogs or cats. Dogs and cats are already covered in a bylaw.