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btt:SII AND
oanvq!' II
PAGE 6. THE CITIZEN, WEDNESDAY, APRIL 24, 2002.
Judge labels Smith's attempts as 'heavy-handed'
Continued from page 1 ,
labelling both attempts by Smith to
become part of the judicial process
as "heavy-handed."
Flinn agreed with Avon Maitland
lawyer Barry Brown's citation of a
previous case between the Town of
Hearst and the former District
School Board of Ontario Northeast,
in which a judge ruled that trustees
comprise the school board, and the
school board does not exist without
the trustees.
The lawyer for the applicants, Fred
Leitch, stated during his submission
that the Hearst case allowed a trustee
THE EDITOR,
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The daisies come in bunches of
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to join those fighting the board
decision only by resigning. He added
Smith could resign if his Avon
Maitland counterparts voted in
support. But Flinn did not comment
on this possibility in his judgment.
In granting the board's request to
prevent Smith from testifying, Flinn
referred to a previous judgement
stating a member of the provincial
parliament should not appear as a
witness in a case challenging a
decision made in that parliament.
"The courts . . . will become
simply another extension of the
legislative floor," he stated,
The cost is just $5 — with all
proceeds going to help find a cure or
control for cystic fibrosis.
Cystic fibrosis, a fatal, genetic
disease that attacks the lungs and the
digestive system, is one of the most
deadly inherited diseases affecting
Canadian children and young adults.
It clogs their lungs with thick
mucous and leaves them gasping for
air.
If you have any questions about
our campaign, please feel free to call
Lisa Fritz at 887-9658, or Leila
Cruikshank at 519-527-0924.
Please help us give the breath of
life® to.those who suffer daily from
this deadly disease.
Thank you for your support.
Sincerely,
Leila Cruikshank
Chapter President.
suggesting the arguments made
during the decision-making
processes of elected bodies must not
be rehashed by the courts, "I cannot
imagine what would happen if
(Smith's) subpoena were allowed to
stand. It would just be a continuous
fight about what is relevant and what
is not relevant."
Flinn's ruling was in keeping with
Brown's earlier arguments.
"Although Mr. Smith clearly has a
story he wants to tell, that story
clearly isn't relevant to the
decision," the Avon Maitland lawyer
had stated. He added that "Smith can
add nothing more to the information
(the applicants) already have, other
than to explain to the court how he
lost various political struggles."
The arguments of Leitch and
McDonald, though unsuccessful in
achieving special status for Smith,
nonetheless successfully challenged
the board on several levels.
McDonald said Smith believes
many important decisions are made
by the chair's committee, made up of
the chair, past-chair, member-at-
large and the director of education.
"These meetings are held without
notice. These meetings are held
without keeping minutes. And these
meetings are not open to the public,"
McDonald told Flinn.
Leitch, meanwhile, said Smith
believes there's a "policy vacuum"
within the board regarding budget
formation, and that trustees should
be provided with more budgetary
information than is currently made
available.
And he reiterated the concern —
expressed repeatedly by Smith since
Feb. 27 — that chair Colleen Schenk
inappropriately prevented trustee
Rod Brown from bringing forward a
motion to defer all student
accommodation recommendations
which eventually came up for a vote
that night.
"(Smith) was there that night. He
was quite affected by it," Leitch said,
in arguing why Smith should be
allowed to appear as a witness.
"(The applicants) live in a
particular community. They elected
Mr. Smith to represent their interest
on the school board. They are
communicating with him on a
regular basis about what they think
should be the priorities of the school
board, and how they think he should
represent them. They say that he has
run into roadblocks in doing that —
roadblocks which are not fair. And
they want to be able to ask about the
particulars."
Prior to the May 23 hearing,
Brown will submit a response to the
Seaforth group's application for
review, and that information will be
made available for public viewing at
Stratford's provincial judicial
building.
Also, both Brown and Leitch will
have the chance to examine and
cross-examine witnesses, and
transcripts of those interviews will
become part of the information made
available to the three-judge panel. At
the hearing, only Brown and Leitch
will be expected to speak before a
decision is delivered.
$10,000 added to daycare revenues
Contined from page 1 After council had reviewed the list
William Teall suggested, "The only of cuts and revenue additions
question is whether we want to suggested by administration they
subsidize it." were left with a deficit of $49,507.
McGrath crystallized the Some potential savings in various
unfocused discussion, when he areas were discussed but councillors
brought into the open the real seemed unable to either come to a
question hovering behind the debate. decision or ratify what they had
"We have to make a decision. We done.
either eat the deficit or cancel Eventually MacLellan brought the
daycare. That's the size of it." discussion to an end saying, "I think
Council decided to add another we have decided that we have a level
$10,000 to the daycare revenues of service we want to provide. If we
which by default means a subsidy to don't have any more suggestions for
the program of $643,800. The cuts I think it's time to let staff move
municipality recovers $34,000 of on." On a motion by MacLellan,
this amount from rental charges for seconded by Seili the budget was
space the daycare centre occupies. approved.
Letter to the editor
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