Law Times

Page 6 March 25, 2013 ��� Law TiMes COMMENT u Editorial obitEr By Glenn Kauth Government discriminates in chaplain cuts at jails W hile the federal government was presumably aiming to reduce costs by eliminating part-time chaplains in prison, it���s now facing the burden of defending a lawsuit over alleged discrimination involved in the cuts. According to The Canadian Press, seven British Columbia prisoners have launched a lawsuit over the fact the cuts have almost completely eliminated chaplaincy services by those of non-Christian faiths. The litigation follows an announcement last fall that the government was cancelling the contracts of many of its part-time chaplains, some of whom are Christian. But many of the non-Christian chaplains work part-time, meaning the cuts would fall disproportionately on them. At the time, Public Safety Minister Vic Toews cast doubt on the appropriateness of using taxpayer money for part-time chaplains of non-Christian faiths. Instead, the government emphasized that its remaining chaplains ��� almost all of them Christian ��� would provide multi-faith services. Cutting costs is one thing, particularly at a time of strained budgets and as the parliamentary budget officer released a report last week noting sharply rising spending in the justice sector while crime rates decrease. But to focus those cuts on employees and services of non-Christian faiths is clearly discriminatory. It���s fine to have chaplains providing services to people of other faiths given the financial and resource constraints but it���s inappropriate to have only Christian employees offering them. Being truly multi-faith means having chaplains of various religions available to provide services. Clearly, the government had other options. It obviously could have chosen not to disproportionately focus the cuts on chaplains of non-Christian faiths. If it wanted to avoid having part-time chaplains, it could have implemented the cuts over time while transitioning employees of non-Christian faiths to full-time status. That might cost a bit more, but so will a lawsuit, particularly if the government loses. As the prisoners behind the lawsuit have noted, faith can play an important role in rehabilitation in jail. While this government has emphasized punishment and deterrence instead, it has also expressed a fondness for freedom of religion. Disproportionately cutting the chaplains from nonChristian faiths, then, was unnecessary and probably counterproductive. The government clearly could have acted more prudently. ��� Glenn Kauth Cottagers miffed at lack of consultation on massive land deal T he Ontario government is putting the finishing touches on a deal to cede a huge swath of eastern Ontario to the Algonquin First Nation. The deal, which is 21 years in the making and involves a process almost as complex as the contract itself, includes a cash payout of $300 million to settle a longstanding land claim along with the transfer of 47,000 hectares of Crown land consisting of more than 200 parcels ranging in size from a few hectares to 12,000 hectares. Not everyone is happy, however, because this has been government-to-government negotiation and other stakeholders say the parties didn���t consult them until recently. Have a look at a map of Ontario and then draw a line south from just above North Bay, Ont., down to just north of Kingston and imagine pretty much everything east of that to the Quebec border. That���s the swath of land under consideration, including the city of Ottawa. The deal will affect more than 30 municipalities and counties with fishing, harvesting, hunting, and forestry rights signed over to the 8,000 or so Algonquin. It was Premier Kathleen Wynne herself in her previous role in the Liberal cabinet as Law Times the Ontario Federation of minister of aboriginal affairs who put the last touches on a Queen���s Anglers and Hunters, the cottagers��� association had been deal she insists won���t create new Park on an advisory committee. reserves or affect the rights of But there was little in the way private property owners or city of consultation or discussion, affairs in Ottawa. Roads, utilsays Rees. ity rights of way, titles, and re���We���re not opposed to the source rights now in existence agreement; just the process would remain unaffected. leaves us wanting,��� he says, And the $300 million adding that public meetings would include money already now taking place throughout advanced to the Algonquin Ian Harvey cottage country are attracting for existing projects and recrowds of up to 1,500 people newable energy developments and is payable in three instalments over bewildered that a deal decades in the making appears to be imminent with no two years. What���s not clear to those most affected, time for objection or input. Rees concedes that 8,000 Algonquin on however, is what happens going forward. While the government has been nego- 47,000 hectares of former Crown land may tiating with the Algonquin for 21 years to not have the impact some fear. Nothing settle land claims going back to the 18th may happen or only some usage of some century, cottagers, homeowners, busi- lands may change. The point is, he says, no nesses, resource developers, and others one really understands or knows because says they���ve been in the dark until recently of the far-reaching ripple effect of what���s a about the real impact of this historic event. constitutional and wholesale change. These are no new reserves. These are tiIn fact, Terry Rees, executive director of the Federation of Ontario Cottagers��� tled lands that can presumably involve any Associations, says the agreement-in- permitted use and cottagers, along with 1.4 principle released last December was million anglers, hunters, businesses, and residents, want to know what that���s going news to his organization. Like other stakeholders, including to look like, says Rees. Will there be more Thomson Reuters Canada Ltd. One Corporate Plaza, 2075 Kennedy Rd., Toronto, ON ��� M1T 3V4 Tel: 416-298-5141 ��� Fax: 416-649-7870 ��� www.lawtimesnews.com Group Publisher . . . . . . . . . . . . . . . . . . . Karen Lorimer Editorial Director . . . . . . . . . . . . . . . . . . . Gail J. Cohen Editor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Glenn Kauth Staff Writer . . . . . . . . . . . . . . . . . . . . . . . .Yamri Taddese Staff Writer . . . . . . . . . . . . . . . . . . . . . . Charlotte Santry Copy Editor . . . . . . . . . . . . . . . . . . . . . . Mallory Hendry CaseLaw Editor . . . . . . . . . . . . . . . . . Adela Rodriguez Art Director . . . . . . . . . . . . . . . . . . . . . . Alicia Adamson Production Co-ordinator . . . . . . . . . . . . . Catherine Giles Electronic Production Specialist . . . . . . . Derek Welford Advertising Sales . . . . . . . . . . . . . . . Kimberlee Pascoe Sales Co-ordinator . . . . . . . . . . . . . . . . . . . Sandy Shutt ��2013 Thomson Reuters Canada Ltd. All rights reserved. No part of this publication may be reprinted or stored in a retrieval system without written permission. The opinions expressed in articles are not necessarily those of the publisher. Information presented is compiled from sources believed to be accurate, however, the publisher assumes no responsibility for errors or omissions. Law Times disclaims any warranty as to the accuracy, completeness or currency of the contents of this publication and disclaims all liability in respect of the results of any action taken or not taken in reliance upon information in this publication. Publications Mail Agreement Number 40762529 ��� ISSN 0847-5083 Law Times is published 40 times a year by Thomson Reuters Canada Ltd., 2075 Kennedy Rd., Toronto, ON, M1T 3V4 ��� 416-298-5141 clb.lteditor@thomsonreuters.com circulations & subscriptions $179.00 + HST per year in Canada for print and online (HST Reg. #R121351134), $145 + HST per year for online only. Single copies are $4.50. Circulation inquiries, postal returns www.lawtimesnews.com commercial traffic that will disrupt the treasured ambience of those lands? Of the 50,000 people Rees��� association represents, the deal affects about 15,000 who own about 2,000 kilometres of shoreline and almost 7,000 hectares of land worth about $10 billion. In the meantime, the legislature, Ottawa, and the Algonquin must still ratify the agreement in principle. In fact, it could take five years to get to a final agreement, which, coming on top of the two decades already invested, puts the matter in the realm of Charles Dickens��� Bleak House. The plan is also for the province to fund an enrolment board to determine who is and isn���t an Algonquin and what family lineages apply. For those whose livelihoods the agreement may affect, however, the overriding issue is the unknown. Somehow, having the Ontario government tell people to trust it just isn���t carrying any weight. But that���s no surprise. In the meantime, meegwetch for reading this far. (That means thank you in Algonquin.) LT ���Ian Harvey has been a journalist for 35 years writing about a diverse range of issues including legal and political a���airs. His e-mail address is ianharvey@rogers.com. and address changes should include a copy of the mailing label(s) and should be sent to Law Times One Corporate Plaza, 2075 Kennedy Rd. Toronto ON, M1T 3V4. Return postage guaranteed. Contact Ellen Alstein at ............ 416-649-9926 or fax: 416-649-7870 ellen.alstein@thomsonreuters.com advertising Advertising inquiries and materials should be directed to Sales, Law Times, 2075 Kennedy Rd., Toronto, ON, M1T 3V4 or call: Karen Lorimer ....................................416-649-9411 karen.lorimer@thomsonreuters.com Kimberlee Pascoe ..............................416-649-8875 kimberlee.pascoe@thomsonreuters.com Sandy Shutt...... sandra.shutt@thomsonreuters.com

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