Friends  of  the  Cawthra  Bush

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    Evidence clearly indicates that the City of Mississauga and the Ontario Government are using the Mississauga grassroots community group, Friends of the Cawthra Bush (FCB), as scapegoats to set frightening legal precedents.  The legal opinions so far are that a great injustice has occurred.  The FCB does not have the financial resources of our Provincial & Municipal Governments do, to win justice in the courts.  The Green Party intervened to support the FCB and our cherished democratic principles with its system of accountability; but they too were denied access to City records.  This denial to a legitimate and recognized political party is an affront to the very principles of democracy and the residents' representation of their community's interests.

    The rulings of the Information and Privacy Commissioner (IPC), affects all Ontarians rights: their right's as citizens and taxpayers to know what their government is or is not doing, the right to be meaningfully involved in community and government decisions and the right to access public records by way of the Freedom Of Information (FOI) Act.  In the information age, accurate information is vital for the public to participate in the government's decision-making process.  The IPC has turned the FOI process into a powerful weapon for bureaucrats and politicians to use for their own self-serving interests.  A process that increasingly, only lawyers can navigate.

    Not yet public, is the story of the researcher for the FCB who requested access to City of Mississauga's records under the FOI Act, as well as the IPC Order numbers that lead up to this sorry state of affairs.

     In addition to labelling this individual as a "Frivolous and Vexatious" FOI requester, the IPC has effectively placed a permanent ban on all future FOI requests regarding the Cawthra Bush and more!  The IPC has decreed that the City of Mississauga be empowered with the authority to deny the public access to its records, by any individual(s) and organization(s), the City chooses to claim are somehow associated with the FCB researcher, Donald Barber.  To put it bluntly, the IPC has legalized government censorship and cover-up, triggered by the mere claim of guilty by association.

    Because of this individual's many successful efforts to protect the historic Cawthra Bush on behalf of the community, over the last 9 years, the City of Mississauga has twice banned him from City property.

     The first occasion was when he alerted the Ministry of Nature Resources (MNR) that the City of Mississauga was undertaking works the MNR said should not be done.  (The Cawthra Bush has been deemed a Provincially Significant Wetland Complex, the habitat of a Federally designated Threatened Species, the Jefferson Salamander, an Old-Growth ecosystem in an urban setting, it also has an ephemeral stream, Chimney Building Crayfish and rare plants.)

     The second incident occurred while he was appealing to members of the City's Urban Forest Management Advisory Committee (UFMAC) to aid the Green Party in helping the community residents access City of Mississauga records.  During this event the City of Mississauga's security staff wrongfully assaulted two residents, one of them a senior.

     Despite claims of an open door policy in Mississauga, UFMAC now holds private meetings at undisclosed locations and times, preventing public access to meetings, agendas, or minutes.  This access has in the past given the FCB, enough lead-time to effectively review City plans.  Currently there is no opportunity for effective resident oversight or input regarding the City of Mississauga's activities in the Cawthra Bush.  This and other evidence clearly shows that the City of Mississauga is slowly destroying the Cawthra Bush.

     Parties of note that have supported the Cawthra Bush & FCB include, Natalie Helferty (who wrote supporting the Green Party's efforts), the Canadian Environmental Law Association and the Toronto Zoo's - "Adopt-A-Pond" newsletter, Amphibian Voice (Summer - 02), gave the two page centre spread to the Cawthra Bush, its Vernal ponds and Fairy Shrimp.

     In the past, the FCB have used the FOI Act to acquire government records that have empowered the community to present the most environmentally responsible forest and wildlife management options for the Cawthra Bush to the City of the Mississauga; many of which were incorporated into the City's plans.  The FCB's commitment to fact-based decision-making has resulted in the support of many individuals in the academic community and institutions.  These include the University of Toronto, the University of Guelph, the Toronto Zoo, the Canadian Amphibian and Reptile Conservation as well as the Centre for Biodiversity and Conservation Biology at the Royal Ontario Museum.

     The Green Party, like most of us, supports environmental responsibility, political accountability, and democratic rights.  Environmental concerns that are based on scientific facts are a major part of Green Party's political platform causing scientific method and democracy to work together perfectly.  Science strives to discover the facts and governments that use these facts (not political fabrications), to base their decisions on, govern the most responsibly.  Good science provides us with our environmental concerns for the world today and is aimed at improving our health and well-being.

     Denying political parties the right to function as a neutral third party, such as the Green Party was, denies taxpayers their right to protect their communities environment, that their families health, depends on.  In addition, the City's plans and actions cannot be fully reviewed by knowledgeable persons.  This shows political favouritism by the IPC towards the current local politicians and their bureaucrats.

     Since the IPC has selectively applied the FOI, our fundamental values based of democracy, transparency and accountability are discarded.  All residents are deprived of their basic rights; including the right to be meaningfully involved in decisions that affect their environment and health.  Who will be the next person(s) or organization to be labelled as "Frivolous and Vexatious" and permanently denied access to public records.  Will it be you?  Will it be your elected representative that will be denied access to government records for research purposes; or to inform you about your government's actions, or to represent your interests and lobby for you, keeping the balance of power intact.

Other details:

*      This story began when a method was discovered to use the
        government's own  computerized filing system as a way to access
        records that would  turn government offices into virtual libraries.

*      During an FOI Appeal, the City of Mississauga gave misinformation to
        the IPC.  The  IPC had requested the City of Mississauga use its
        computerized file system to create a  list of their files.  The City of
        Mississauga responded that it took 3 hours to create one  page with 24
        entries (using trained staff), from their computerized file system!   Other
        City staff took only 2 minutes to do a better job.

*      The City staff who are on record with their intentions to sue the FOI
        requester for the  FCB are handling this same individual's FOI requests.
        Is this not a Conflict of Interest?  Their threat to sue is about the
        reporting of how City Clerk and FOI Co-ordinator  have shut down his
      FOI requests at the direction of the Mayor of Mississauga, and how  the
        FOI Co-ordinator has signed a false affidavit, during the City's attempt
        at wrongly  rezone the Cawthra Bush.  The City is on record as
        supporting these actions.   This kind of lawsuit is often referred to as
        "Strategic Lawsuits Against Public Participation  (SLAPPs)", used in
        the United States to terminate community opposition.

*      The City of Mississauga refuses to recognize all their community
      groups.   Although the Cawthra Ratepayers and Residents Association
        (CRRA), was voted into existence at a public community meeting, the
        City of Mississauga continues to refuse their recognition.  The City of
        Mississauga has stated on record, they would not recognize the CRRA
        because the CRRA could potentially disagree with the City of
        Mississauga.

*      Is the Mayor of Mississauga the kind of person to encourage staff to
        create false records  and create conflict in order to deny service and
        records?  She has been video taped in City Council claiming there is a
      "coup" out to get her, when questions were being raised about her
        being an unlawful developer.  She was also recorded promising the
      requested information would not be  provided & only requests that are
      acceptable to the Mayor will be allowed.

*      The IPC ruling is being used to deny non-FOI requests for access to City
        records (and services in general), that could be used to oppose
        over-development in the Cawthra area.

*      IPC rulings are also being used to deny access to personal records,
        preventing the discovery of falsehoods that are being written and
        reporting them to the public.  City security staffs' notes show the City is
        using character assassination to justify their escalating violence
        against the FCB members.  To deny us our right under the FOI Act to
        make corrections or additions to City records, thereby setting the
        record straight, is to allow the City to harass and physically harm
        people.  For example, City staff's attacks on community representatives
        are not made public, this allows and promotes more violence by City
        staff.  The reason politicians see to it that a false history is created, is
        for the purpose of involving the police to carry out their political
        agendas.  Arresting the FCB leader on false or trumped up charges, to
        publicly discredit him and end community opposition to their plans.  In
        the past, City politicians have sent the police to his door just because
      they didn't like his "Demeanour".   Old style political methods.
        As the facts are hidden from voters, this ensures these under-handed
        politicians re-election!

*      Scientific facts are being removed from the decision making process,
        signalling the return to  the bad-old-days, when self serving political
        fabrications that supported what the government  plans were all the
        public was allowed to know.  Environmental issues/concerns will suffer
      the most!

*      Profiling of FOI requesters is legalized.   For the purpose of denying
        access to records, persons  who are doing research for small groups or
        organizations can now be called  "Frivolous & Vexatious" FOI
        requesters because they make a number of FOI requests about one
        subject, e.g., the issue the group is concerned about.  Ironically this
        makes it unlawful for TAXPAYERS to become informed about & involved
        in, their community by using the FOI Act!

     This story is heavily documented, including videotapes, pictures and audiotapes.  The records also show our successes over the years.  If you think this is enough to write an interesting story, there is much more information for a follow-up story.  The FOI requester who is being victimized wants to protect Canadians by helping others see how the democratic process has failed (so hopefully they can avoid it), and how our bureaucrats, politicians and the IPC have manipulated the FOI process to suit their needs.

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