CHRISTIE BENTHAM – d. December 28th, 2015

On Monday, December 28, Christie Bentham passed over to the other side. Christie was the essence of what it means to be a Stony Laker: a person of conviction who celebrated, enjoyed, protected and served the jewel of the Kawarthas – for many of us “our spiritual home.” Christie is, was and always will be, the beacon of hope for the next generations – those who deserve the Stony Lake that Christie so loved and worked to preserve. R.I.P.

Please take a minute to listen to Christie talk about her beloved lake and the Fraser Wetlands in the video below. Click here to read her obituary.

Christie’s family have kindly asked that any donations in her name be made to FFW. She was our greatest mentor, staunchest supporter, a Friend in every way.

Please click here to learn how to donate.

 

They are vital to the health of Stony Lake – and downstream bodies of water.

They are nature’s filtration system, “treating” pollution, improving lake water quality and offering essential habitat for fish and wildlife.

They are the Fraser Wetlands, designated “Provincially Significant” and worthy of protection by the province . . . and now under threat from a condominium developer.

Take a moment to acquaint yourself with this extraordinary resource, whose function is explained by Dr. Jeremy Carver and whose beauty is captured in this remarkable aerial footage.

October 26th Prehearing Conference: An Update

Thank you to everyone who attended the second OMB Prehearing Conference held Monday in Apsley – and to those unable to attend who sent your good wishes. We had hoped to see 30 FFW supporters; 80 of you showed up! It was a fantastic turnout.

Here’s what happened:

The Conference started at 10 a.m. and wrapped up at 3 p.m.

There were three breaks from the public meeting during which the OMB Member Marc Denhez huddled with the lawyers in an effort to negotiate agreement on the following points:

• Whether – and when – to hold a 3rd Prehearing Conference – an idea introduced by FFW lawyer David Donnelly;

• The start date for the Hearing itself. FFW lawyer David Donnelly requested that the Hearing start in September 2016, allowing expert witnesses time during the spring season to observe the property; the developer’s lawyer, Jonathan Wigley, argued for a Spring 2016 start date;

• Whether or not Cultural Heritage issues will be considered as a block on their own – separated from planning and ecological issues; this was a request by FFW lawyer David Donnelly;

• Whether, during the time set aside for Cultural Heritage issues, the venue for the hearing will shift to Curve Lake First Nation (CLFN) – another request of David Donnelly opposed by the developer and his lawyer;

• When and for how long CLFN and FFW experts will gain access to the property in order to do their assessments.

In the end, having warned the lawyers that if they couldn’t come to an agreement, he would do it for them, OMB Member Marc Denhez announced his decisions:

• The start date of the estimated four-week Hearing will be Tuesday, September 13, 2016.

• Cultural Heritage issues WILL be considered as a block on on their own.

• On November 18, 2015 Curve Lake Elders and experts will be granted access to the site to begin their assessment and to determine how many days they’ll need in the spring of 2016 to complete their examination of the property – report to be submitted to OMB by March 2016.

• There will be a 3rd OMB Prehearing Conference, as requested by David Donnelly, on Tuesday, February 9th, 2016 at 10 a.m., North Kawartha Community Centre. The OMB Member will hear arguments for holding the Cultural Heritage block of the hearing at Curve Lake First Nation.

This was a very good day for FFW! Thanks to our fantastic legal team of David Donnelly and Anne Sabourin we’ve made some significant strides forward, achieving the Hearing start date we wanted and contributing to the respectful consideration of First Nations cultural heritage concerns.

Other matters under discussion:

• The lawyers are to draft a procedural order and circulate it by November 15th, 2015;

• Anne Sabourin reported that all Participants have been contacted with a request that they submit their issue list to her. One third have responded so far. Some with like issues will be merged with others. All Participants and the OMB will be notified as to any decisions made. (N.B. If you are a registered Participant and haven’t yet responded to Anne’s email, please do so as soon as possible.)

OMB Member Marc Denhez will post and circulate his decision from Monday’s Prehearing Conference by the end of November 2015.

 

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It was a glorious day as FFW supporters gathered by the Fraser shoreline for our 2nd annual Honour Paddle on Thanksgiving weekend and then made their way to Perry’s Creek, which – like the Fraser Property – is a place of deep significance for our First Nations friends. Thank you to Burleigh Falls artist Peter Tasse for his wonderful gift of beaded necklaces!

And thanks to Ruth Dyer and Scott Wootton for the pictures!

UPDATE: As you know, FFW lawyer Donnelly Law has undertaken to condense the number of oral Participant presentations – those Participants who will speak during the hearing next year – from the large pool of registered participants who will all submit written statements. Donnelly Law has circulated a letter to all participants outlining their plan to reduce the number of participants presenting orally at the hearing, and has requested that all Participants send them an outline describing which issues they plan to address in their statements. If you are a registered participant, please email your outline to Anne Sabourin: anne@donnellylaw.ca

Thank you!

Following the August 31st OMB Prehearing, at which more than 40 people signed on to be Participants, a number of you have had questions about the role of Participants. No wonder! This is a mystifying process. Adding to the confusion, it was suggested at the August 31st Prehearing that the number of Participants should be reduced in order to curtail the length and cost of the eventual Hearing. This has a number of you wondering where you stand.

We hope that the following Q & A will answer your questions:

Q. I know there’s a second Prehearing on Monday, October 26 at a.m. I signed up as  participant at the first Prehearing at the end of August. Do I need to be at the second Prehearing? And do I need to have my Participant statement ready by then?

A. No, you do not need to attend the October 28th Prehearing, though you’re welcome to do so if you’re available. And no, you do not need to have your Participant statement ready for the October 28th Prehearing.

Q. Because of the large number of people who wish to be Participants it was suggested at the Prehearing that we should reduce the number of Participant presentations by grouping Participants by issue. Is that true?

A. Yes . . . and no. In order to control the length and cost of the hearing, which will take place sometime in 2016, FFW lawyer David Donnelly will review all outlines for written statements and suggest a handful of Participants to make Oral Presentations during the hearing. He may also suggest that Participants with like issues cooperate on their statements.

However, we encourage all those who signed up as Participants to complete a written Participant statement (we will be circulating and posting a template for this). The OMB must consider all written submissions before making their decision, so the more written statements they receive, the better.

Q. When will the Hearing take place?

A. We expect that the Hearing date and estimated length will be decided at the 2nd Prehearing – on Monday, October 26, 10.m. at the North Kawartha Community Centre.

If you have any further queries, please let us know.

FFW

Please join us this Sunday at 1 p.m. for our 2nd annual Thanksgiving Weekend Honour Paddle. The maps below show the paddle route, which starts behind Fraser Island – that’s the island connected to the mainland by a causeway and well known for its landmark, red-roofed boathouse – and a launch site if you are arriving by car. (You can click on the maps to enlarge them.)

From the start of the paddle we’ll canoe and kayak up the Fraser shoreline and across to Perry’s Creek, where Peter Tassé and others will serve tea and stories. Thank you, Peter!

See you on Sunday!

It’s safe to say that Monday’s Prehearing Conference in Apsley was a tremendous success!

More than 250 of you showed up in support of the Fraser Wetlands, sending an unequivocal message to both the OMB and the developer that we are standing strong and standing together in our opposition to the development of this essential ecological resource and significant heritage landscape.

For those of you who weren’t able to make it on Monday, but were with us in spirit, a quick recap:

• The Prehearing Conference started at 11 a.m. and finished at 3 p.m.

• It was a spectacular turnout! Between 250 and 300 people filled the hall. Incredible! Thank you to everyone who took the time to attend. It was vital for a number of reasons, including the fact that the unusually large crowd helped to attract media attention (more on that below);

• In addition to the Developer (Burleigh Bay Corporation), the Township of North Kawartha, Friends of the Fraser Wetlands (FFW) and Curve Lake First Nation were granted Party status;

• Those seeking Participant status included the Association of Ston(e)y Lake Cottagers (ASLC), the Stony Lake Yacht Club (SLYC), The Environment Council for Clear, Stony, and White Lakes, the Kawartha Park Cottagers Association (KPCA), the Birchview Property Owners Association (BPOA), and the Juniper Point Cottage Owners Association (JPCOA) – in addition to a strong list of individuals; there will be some consolidation as groups with like issues are formed;

• It was FFW’s position that the Developer has not completed the file and a number of issues had yet to be dealt with before a Hearing Date could be set;

• Something everyone in attendance knows – we were more than ably represented by FFW lawyer David Donnelly of Donnelly Law;

• The Pre-Hearing Conference was adjourned until Monday, October 26 at 10 am (in the same venue) at which time the OMB will further consider an appropriate date for the full hearing; there are a number of matters to be factored in, including organizational issues, access to the Fraser Property, completion of further studies and issues related to First Nations, including duty to consult.

• CHEX TV covered the event and interviewed FFW President John McWilliams and Curve Lake First Nation Chief Phyllis Williams (see video after photos).

    The FFW table served coffee, snacks and information.

The hallway outside the meeting room.

Inside, chairs are added to accommodate the crowd.

Standing room only!

Fraser Wetland supporters from Brownscombe Island.

The Prehearing drew Friends of all ages.

FFW lawyer David Donnelly briefs supporters.

CHEX TV from Peterborough was there, too. Here’s Mark Giunta’s report:

CHEX TV Report

At the end of the CHEX news segment, Curve Lake Chief Phyllis Williams affirms her community’s resolve: “We’re here to the end. We’re committed – and our council and community are, too.”

We couldn’t have said it better. We’re here to the end, and we know that you are, too.

Please continue to support the work that FFW is doing, by attending meetings — like the OMB Prehearing — and by donating so that we can finance the legal, planning, archaeological and environmental experts who will form the basis of our OMB case. For details, click here.

Best Regards,

FFW
John McWilliams, Jeremy Carver, Heather Brooks-Hill,
Ben Sämann, Pat Bourne, Jen Lewis, Joe Carlino, Mike Ormsby,
Susan McWilliams, Simon + Lorraine Bramson, Cath Kirk,
Jamie Anderson, Jenn Reid, Jennifer David

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