HomeMy WebLinkAboutThe Wingham Advance-Times, 1962-12-13, Page 3hre Party
WICH--Winners in the
sive euchre party held
orange Nall last week,
were high lady, Mrs. W, A..
Gibson; high gent, John Gam-
ble; consolation, Mrs. Gee.
Richards and Mr. Art Forester;
special prize, Stanley Forester.
/4" • avoi d the rusk
Still plenty of gift items at
CARMICHAEL'S
LONS --
First Quality Seamfree
Special $1.00 pair; 6 pair $5.00
IPS -
A very popular gift item, sizes 32-42
Priced to fit your wants at
$2.98 to $4.98
JAMAS -
Regular, Shortie and Toreodor, at
$2.98 to $4.98
RITY DIAPERS --
t arrived -- shipment of Curity slightly imperfect, tt
at the
Low, Low Price of $3.99 dozen
A timely gift for the boss of the house
IT ALWAYS PAYS TO SHOP WHERE YOU GET
QUALITY AT ECONOMY PRICES
-Shop at
Carmichael's
THE FAMILY STORE
Judge F. Fin gb. nd Gives
Reasons for His Judgment
IN THE COUNTY COURT OF
THE COUNTY OF HURON
IN THE MATTER OF The Pub-
lic Schools Act, R. S.O.
1960, Chapter 330;
AND IN THE MATTER OF An
Application by certain Pub-
lic School supporters of the
Howick Township School
Area pursuant to Seetion78
(5) of the said Act for a
hearing and determination
concerning the matters
raised before a Board of
Arbitration which met on
July 23, 1962 at the request
of the County Council for
the County of Huron.
REASONS FOR JUDGMENT
The Township of Howick, in
the County of Huron, has for
many years been divided into
some sixteen public school sec-
tions. Some of these school
sections are union school sec-
tions extending into neighbour-
ing municipalities, but for the
purposes of these proceedings
these extensions are not mater-
ial.
A few years ago, in pursu-
ance of the provisions of what
is now contained in Section 40
of The Public Schools Act,
R.S.O. 1960, Chapter 330, the
council of the Township of
Howick passed a by-law con-
stituting the Township of How -
ick a public school area, and
trustees of the new Board for
the area have from time to
time been duly elected. In
pursuance of the responsibili-
ties of this New Board, it con-
sidered the physical facilities
available for public school in-
struction, and found that in a
number of cases the school
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buildings were in need of sub-
stantial repairs, and that these
and/or other school properties
required additional facilities
to bring them up to public
health standards, particularly
in the matter of sanitation,
Consequently, they were faced
with substantial capital expen-
ditures to maintain, up to pro-
per standards, the school pro-
perties presently in use, or, in
the alternative, they consider-
ed the erection of a central
school to serve the whole area.
After having made some inves-
tigation of central schools in
other areas, they determined
that the best solution of their
problem would be found in
erecting a central school, and
to that end they selected a site
as nearly as may be to the
centre of the township, and
approached the council of How -
ick Township to pass the neces-
sary legislation, including a
debenture by-law, for the pur-
pose of carrying the project in-
to execution.
A number of ratepayers at
the northwest corner of the
township, particularly in
School Sections 13, 1 and 15,
petitioned the council to with-
draw these sections from How -
ick Township School Area, pro-
posing to unite with school sec-
tions in the Townships of Car-
rick and Culross, in the County
of Bruce, and possibly a section,
or part of a section, in the
Township of Turnberry, in the
County of Huron, to form a
new school area centred around
the Hamlet of Belmore. The
Howick Township Council re-
fused their petition, and an ap-
peal was made to the Council
of the County of Huron, who
appointed a Board of Arbitra-
tion to hear the appeal. In due
course the matter was heard by
the Board of Arbitration thus ap-
pointed, who in turn also dis-
missed their appeal, and this
application is now brought be-
fore me by way of appeal under
Section 78 of The Public
Schools Act.
Early in the hearing before
me, we had for consideration
whether the application lay
under subsection 4 of section78,
which would require the appel-
lants to show that the proposed
central school would cause a
substantial injustice to be done
to some persons affected by the
erection of the proposed central
school. It was not seriously
contended by the appellants
that a substantial injustice
would result by a refusal of
their application, but rather
that their application lay under
subsection 5 of the said section
78. I proceeded to hear the
appeal on the ground that the
said subsection 5 gave me very
wide powers to consider the
matters in dispute, even though
the appellants were not able to
meet the standard of establish-
ing substantial injustice as re-
quired by subsection 4.
A few years ago the people
in the area of Belmore built a
very fine community centre
building, which is extensively
used by the people in the Bel-
more area, and around which
has developed a very strong
local feeling. The appellants
believe that a new school area
could be established, centred
around Belmore, and that the
community centre building
could be incorporated into the
uses of a school property to be
thus erected. They also allege
that in the Belmore area there
are church centres which com-
mand strong allegiances, and
that many activities centre
around these church facilities.
And, thirdly, they contend that
the Township of Howick is too
large an area to constitute, for
.practical purposes, a school
area with one central school,
and that the problems of trans-
portation for the children would
be very difficult or impossible
to work out unless the children,
or some of them, were required
to be on busses for too long a
period daily.
Dealing with these matters
in the reverse order, I am not
seriously impressed that a
school board having jurisdiction
throughout the township, could
not adequately work out proper
and adequate transportation for
all the pupils in the Township
of Howick. It is true that no
matter what system is adopted,
some pupils will be required to
be on busses for longer periods
of times than others, but it is
the responsibility of the board
to see that proper and adequate
transportation is provided,
whereby no hardship is inflicted
on any child. And I have no
doubt that the school board in
the Township of Howick could
provide quite adequate trans-
portation for all the pupils
without any undue hardship
being suffered by any one of
them.
As to the matters of the
church affiliations and activi-
ties, I think that these are not
of such a nature that they would
conflict with the schooling of
the pupils in the Belmore area
attending a central school. -
Whether the children are provi-
ded with a school in the centre
of the Township of Howick or
at Belmore, there would still
remain the problem of integra-
ting church activities with pub-
lic school requirements.
In addition, I am not im-
pressed with the argument that
the community centre would
be of any material benefit to
a school to be erected at Bel -
more. Its facilities, possibly,
could be made available to a
school thus to be erected, but
it presently consists of a skat-
ing rink surface, a recreational
hall and kitchen facilities. I
am doubtful as to how much
proper school use could be made
of these facilities. And, more-
over, they would be situated in
a separate building, making
supervision of the pupils more
difficult for the staff of any
such school.
On the other hand, in the
tentative plans of the board for
a central school, provision will
be made -for recreational pur-
poses and other extracurricular
activities, in accordance with
the present notions of people
devoting their best judgments
to school facilities throughout
the Province of Ontario.
Other argument was advanc-
ed by the appellants, such as
the convenience to and from
Belmore for parents wishing to
do family shopping, and hav-
ing easy access to places doing
farm repair work. I think little
weight should be given to
these considerations, but rather
that the whole matter should
be viewed in the light of" What
is to be considered in the best
interest of the children?" I
believe a better all round
school could be maintained in
the centre of the township than
would be feasible in a much
smaller school in Belmore. I
believe the larger schools tend
to attract better teachers, that
a larger staff tends to have
more diversified talent among
themselves, and a larger staff
makes for a more pliable time-
table, providing for extracur-
ricular activities. It was ad-
vanced by the appellants that
very small children tend to be-
come lost in a larger school
population. But I believe that
some day these little people
have to learn to take their
places in society, and that
when old enough to attend
school, they are, almost with-
out exception, with proper
supervision by their teachers,
able to cope quite adequately
for themselves.
I feel 1 must have a very
clear case made out before me
before I should override the
judgment of the school board,
of the township council, and
of the Board of Arbitration ap-
pointed by the County Council.
The school board and the town-
ship council and the county
council, in whose shoes the
Board of Arbitration stands
after it has been appointed,
are vested by statute with im-
portant responsibilities. Know -
Please Turn To Page Six
Wingharn Advance-Tirnes, Thursday, Pee. 13, 1962 - Pine 3
xsc otic 08 t
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BY JOHNSON BROS. OF ENGLAND
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