The Citizen, 1986-12-10, Page 1—■MM
VOL. 2 NO. 50
Serving Brussels, Blyth, Auburn, Belgrave, Ethel,
Londesborough, Walton and surrounding townships.
WEDNESDAY, DECEMBER 10, 1986.40 CENTS
Brussels
Halloween
curfew nixed
Blocked in an effort to impose a
curfew on Halloween night to
prevent vandalism, Brussels coun
cil will ask the Ontario Provincial
Police for a meeting to explore
other ways of limiting destruction
that has plagued the last few
Halloweens in the village.
Council learned Monday night
that it is the legal opinion of the
village solicitor that the council’s
plan to impose a curfew on
Halloween would go against the
section of the Charter of Rights that
calls for freedom of movement.
Relaying the legal opinion,
Hugh Hanly, clerk-treasurer said
the only way such rules can be
applied is if a state of emergency is
declared.
Reeve Hank Ten Pas stated that
he had talked to the police and had
been told that it is up to the
village’s by-law enforcement offi
cer to enforce village by-laws
unless he needs additional help at
which time he can call in police.
The police had stated that if
people witnessed vandalism they
could call the police and charges
could be laid but several council
lors saidthat people were afraid to
talk. “They’ll (the vandals) hit
their house next time’’, Councillor
Neil McDonald said.
“That’s left it right back in the
same old story,’’ Councillor Gor
don Workman said. “It’s a big
joke’’.
Councillor Workman suggested
if the Ontario Provincial Police
won’t look after the situation
perhaps the village should depu
tize auxiliary police for the night.
Councillor McDonald suggested
having a meeting with the O.P.P.
to see if this was a possibility and to
seewhat other courses of action
could be undertaken.
Council agreed to try to set up a
meeting with the O.P.P. in Febru
ary or March to see how to improve
the situation.
Brussels Variety
robbers
remanded
Two men and a 16-year-old
juvenile appeared in Goderich
Court, Monday, facing charges of
robbery after being apprehended
following a robbery at the Brussels
Variety store November 29.
Gary Melhuish, 24, of no fixed
address, was remanded to January
5 for psychiatric assessment, while
Mark Wood, 22, of Seaforth, will
appear in Goderich Court again on
December 29. Both men are still in
custody.
No information on the juvenile
can be released under the Young
Offender’s Act.
Jhcmenescapedwith$350in
cash from the Brussels store, after
holding up the cashier. The money
was later recovered by the OPP.
One of the best parts in being in a parade is seeing your friends watching, this little girl on a float in the
Brussels Santa Claus parade found out Saturday morning. The parade attracted hundreds of people to line
main street and children later got a bag of candy from Santa. Santa then rushed over to Blyth for similar
duties in the afternoon.
Groups warned of liability danger
Wingham lawyer Alan Mill has
warned community organizations
that they should become incorpor
ated, or face the possibility of a
crippling lawsuit from someone
injured as a result of a community
function.
He said that the cost of
incorporating could run as high as
$1,000, but that the sum “pales in
comparison to a lawsuit of
$400,000.’’
“You people have survived on a
basic quota of incredible luck -- but
(a lawsuit) is going to happen,” he
warned. “We’re still in the horse
and buggy stage around here, but
you people are going to have to
grow up, you are going to have to
get some protection.”
Mr. Mill, a lawyer with Craw
ford, Mill and Davies, was speak
ing to an audience of more than 50
representatives from a wide range
of local committees, boards and
organizations at a meeting of the
Blyth and District Community
Centre Board in Blyth Monday
evening. The meeting had been
called by the Board to provide
information to the public on the
legalities and pitfalls connected
with running abar licensed under a
special permit from the Liquor
Licence Board of Ontario (LLBO).
A growing number of problems
with infractions of the LLBO’s
strict code of regulations prompted
the meeting, although when Blyth
councillor Bill Howson, a member
of the Community Centre board,
asked if either the LLBO or the
Ontario Provincial Police have had
any particular complaints against
the Blyth facility, Sgt. John McKee
of the Wingham detachment of the
OPP replied, “It’s no worse than
any other (facility) in the area.”
“There is no (facility) within 40
milesof here who does not have the
same problem,” Mr. Mills said.
There was total agreement
between Mr. Mills, the police, and
LLBO representative Lorna Ran-
kinethattheonly way a community
organization could have any de
gree of protection from civil
lawsuits involving personal injury
is to become incorporated, a
“relatively simple” legal process
which requires a body to have a
minimum of ten directors.
But John Elliott, of Elliott
Road in wrong place closed
An extension of John Street in
Brussels, to provide a second
outlet to the Brussels, Morris and
Grey Community Centre parking
lot has been closed and will remain
closed until theroad isrebuilt in the
proper place.
The road, Brussels councillors
agreed Monday night, was built
too close to the westerly side of the
road allowance. Councillor Gordon
Workman pointed out that snow
cleared off the road on the west
side, would be pushed onto the
property of neighbouring land
owners. That may be agreeable to
those living there now, he said, but
if the land changed hands in the
future, it could cause trouble.
Reeve Ten Pas said the village
shouldn’t accept the street to
addition to the village road system
Insurance Ltd. of Bly th, warned
the assembly that although incor
poration offered maximum protec
tion from lawsuits, the procedure
was not infallible, and could
provide loopholes with which a
lawyer might find a possibility to
extend a suit to any individuals
involved with the incorporated
body.
“You can rest assured that when
an incident occurs where there is a
personal injury, the lawyer is going
to use the ‘shotgun effect’, and sue
everybody (whose) name appears
on the (LLBO) permit,” he said.
Noting that the application for a
LLBO special occasion permit
until it is put in the right place.
Councillor Workman said that
he and councillor Malcolm Jacobs
had been right at the scene and
warned the contra ctor not to put
anymore gravel on the roadway
until the problem was corrected.
ReeveTenPaswasupsetwith
the lack of communications with
the Brussels, Morris and Grey
Recreation Committee which built
the new road. “It’s too bad this
wasn’t put on the table,” he said.
“How long has this been in the
making?”
Councillor Workman said he and
councillor Jacobs were “damned if
we do and damned if we don’t. ’ ’ If
they had called a council meeting
when they found the road being put
in the wrong place they would have
been made to look like the bad guys
Parade
apathy
angers
council
Brussels Village council Mon
day night approved a $325 grant to
the Brussels Santa Claus parade
but not before councillors express
ed their disappointment that there
isn’t greater involvement from the
business community in supporting
the annual parade.
Reeve Hank Ten Pas said he had
been to a meeting of the parade
committee and was shocked to find
out that the main street businesses
weren’t involved in the parade.
“Who are we doing it for?’’ he
said, if the businesses aren’t
interested in supporting the par
ade. “Why should the service
clubs and the Village do it all?”
“I was mad and disappointed”
said Councillor Neil McDonald
who also attended the meeting,
“that there weren’t more people
there from the Lions Club and the
Legion and the business people. I
can see why these people (the
parade committee) felt provoked, ’ ’
Councillor McDonald said it was
a good parade on Saturday with a
lot of floats and a lot of kids who
came to town to see it but he felt
that if there is to be a parade next
year the business people will have
to get involved.
Council discussed the possibility
that expenses for the parade could
be cut. Councillor Gordon Work
man said Brussels gave out “the
best bag of candy in 25 miles
around” but he had happened to be
in Goderich for the parade there
and there was no candy given out
except that thrown from floats.
Councillors were concerned that
the timing of the parade (it was 11
a.m. this year) meant people came
to Brussels for the parade then left
for other communities to see
parades and do their shopping.
They felt if there is going to be a
paradenextyearitshouldbein mid
afternoon. The planning this year
was due to having the Seaforth
District High School Girls Band
Continued on page 2
required the signature of an
individual representing the organ
ization applying, rather than sim
ply the name of the organization,
Mr. Millsaidthat“ltistheguy
(who signed the permit) that will
get sued.”
Besides incorporation, it was
agreed that the other most valid
form of protection against lawsuits
is to have a precise hall rental
agreement, laying out in clear
terms what body is responsible for
w hat aspects of the agreement.
The meeting also learned that
policing a social function was also
of vital importance, and that the
Continued on page 3
who were interfering, he said. As
far as he was concerned, it wasn’t
his business anymore (he was
former chairman of the recreation
committee before resigning this
summer.)
ReeveTen Pas said it was his
business as a councillor and he
could have put a stop to the road by
asking for a meeting.
Councillor Neil McDonald said it
was common sense that the
roadbuilders should have stopped
work when they were told the road
was in the wrong place by
councillors Workman and Jacobs.
“What they’ve got to do now is
move it over (to the east).’’
After considerable time spent in
recriminations as to whom was to
blame for having put the street in
Continued on page 2