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SIU concludes investigation

Press Release – October 4, 2011

The Director of the Special Investigations Unit (SIU), Ian Scott, has concluded that there are no reasonable grounds to charge an officer of the Ontario Provincial Police (OPP) with a criminal offence in regards to the death of 52-year-old Judith Fleury in a collision in Morrisburg in July of this year.

The SIU assigned four SIU investigators and two SIU forensic investigators (FI) to probe this incident. SIU FI investigators videotaped and photographed the scene and forensically mapped the collision site and the surrounding environment. 

The Crash Retrieval modules from both vehicles were also collected and examined. 

Pertinent information was also requested and received from the OPP. One officer was designated as a subject officer and six officers were designated as witness officers. The SIU also located and interviewed six civilian witnesses.

The SIU investigation determined that in the early hours of July 31, 2011, the subject officer was driving alone westbound on Hwy 401 in a marked black OPP Suburban SUV canine vehicle with a police dog in the back. The SUV was equipped with emergency lights in its grill as well as a siren. The officer was responding to a call to assist other OPP units regarding a suspect apprehension pursuit of an alleged impaired driver who was traveling northbound on County Road 31 just north of the town of Morrisburg. 

The officer activated his emergency equipment, turned onto County Road 31 and began accelerating. County Road 31 has a posted speed of 80 km/h. Ahead of him were two other OPP vehicles with their emergency equipment activated and involved in a suspect apprehension pursuit.

Ms. Fleury was driving a white Chevrolet Equinox van northbound on County Road 31. She had three passengers in the back seat of her vehicle that she had agreed to pick up from a social event being held on the shores of the St. Lawrence River in Morrisburg. 

She saw the first two OPP vehicles involved in the pursuit and pulled her van over to the side of the road to let them pass. She then continued in a northerly direction on County Road 31. 

The subject officer saw Ms. Fleury’s vehicle in the distance and moved over to the southbound lane in an attempt to pass it. 

It appears that Ms. Fleury decided to make a left turn across County Road 31. According to the accident reconstruction report, at a speed of approximately 17 km/h, she turned directly in front of the Suburban driven by the subject officer at the driveway of 5120 County Road 31. 

The front of the Suburban collided with the two left side doors of the Equinox with one second of pre-collision braking on the southbound side of the road. Just before braking the speed of the Suburban was in excess of the posted speed limit. 

Both vehicles were pushed approximately 105 metres northbound into the west ditch of the county road. The right front corner of the Equinox struck a pole and came to rest immediately to the west of that pole.

The collision caused the death of the Ms. Fleury, and significant injuries to the two male passengers, while the third, a female passenger suffered minor injuries. As well, the subject officer sustained minor head injuries.

Director Scott concluded that, “While the subject officer was driving significantly over the speed limit seconds before the collision, pursuant to s. 128(13)(a) of the Highway Traffic Act, compliance with the speed limits does not apply to police officers in the lawful performance of their duties. 

Here, the subject officer’s assistance in a suspect apprehension pursuit was a lawful execution of his duties and accordingly his speed alone cannot be considered to be unlawful. 

Further, by all accounts, he had his emergency equipment activated. He could have reasonably concluded that Ms. Fleury would have seen the emergency lights and would not turn into the southbound lane. 

Unfortunately, she turned directly into his path and the collision caused her death and significant injuries to two of her three passengers. 

While this incident is a great tragedy, I have no grounds to believe the subject officer committed a criminal offence because he was in the lawful execution of his duties as he was attempting to pass Ms. Fleury’s vehicle.

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Enhanced response time for fire departments in South Dundas

Your house is on fire and you’ve just called 911. How would you feel knowing that the dispatcher failed to “page out the call” to the fire department? This is just one of the issues with the current South Dundas township’s dispatch system.

At the October 4th meeting of the South Dundas council, South Dundas Fire Chief Chris McDonough reported on the state of the township’s dispatch system and recommended a solution to council.

According to McDonough, the fire department is “currently being dispatched by Christie Walther also know as Canpage Communications.” He provided a list of issues with the dispatch company that impacted the safety of South Dundas residents, including outdated equipment, unreliable personnel, and failure to follow procedures.

For these reasons, he did “joint research with South Glengarry and South Stormont” and it has been concluded that the city of Brockville is the answer.

He told council that the “cost is a little higher, but service is far better.”

McDonough explained that “the expedient and accurate handling of fire calls is a significant factor in the successful outcome of an incident.”

It was reported that “the Brockville Fire Department currently renovated their dispatch centre and purchased a new Crisys Computer Aided Dispatch (CAD).”

According to Crisys Limited, they were “created for the sole purpose of developing the most advanced decision-support systems possible for responding to urgent requests for assistance.”

McDonough recommended that the township “enter into a five year agreement with the City of Brockville to provide a 24/7 Professional Fire Dispatch system, including voice paging system, 2-way radio communications, computer automated dispatch and the Crisys electronic reporting system.”

The recommended system will cost $42,596.54 the first year, which includes $18,163.54 for dispatch, $13,333 for the wireless internet link, and $11,100 for the Crisys reporting system.

The wireless internet link, which costs a total of $40,000 per year, is being divided among the three townships of South Dundas, South Stormont, and South Glengarry for a total of $13,333 each.

The cost for the second year will be $36,236.54 with a 5 per cent increase for each of the following three years left in the contract.

Councillor Archie Mellan was impressed with how the new system would “greatly enhance response time.”

Councillor Evonne Delegarde commented that it seems like a “far superior system” and that it makes sense to “spend the extra money to have a better system.”

The chief agreed, adding that “they’re on top of everything” and “we’ll be able to predict our boundaries a lot sharper – right to the longitude and latitude – very specific.” 

Mayor Steven Byvelds remarked that “the thing this demonstrates is the cooperation of the municipalities.”

The council agreed with Chief McDonough’s recommendation and the current provider will be given a 90 day notice.

McDonough predicts that the “GPS and fire department data will be entered and the equipment installed and tested by December 1, 2011” and that “the system will go live January 2012.”

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Fostering better relations with a cross-border group

Living on the St. Lawrence River, have you ever looked across the water at your neighbours in the United States and wondered, “Are we really that different?”

A press release from Ontario Senator Bob Runciman’s office announced that he has formed a cross-border group with New York State Senators Patty Ritchie and Joseph Griffo.

“This initiative will help open new lines of communication and create a chance to explore new opportunities that can benefit both New York and Canada,” Senator Ritchie said.

The group’s formation came in response to a recent incident in local waters where an American fisherman was arrested for “straying” into Canadian waters.

“The incident reminded Senator Ritchie and I how interdependent the two countries are along the border and how important it is to have a regular dialogue to discuss matters of mutual concern,” Senator Runciman said.

Stormont-Dundas-South Glengarry MP Guy Lauzon has joined Runciman’s group alongside Leeds-Grenville MP Gord Brown, Leeds-Grenville MPP Steve Clark, and Kingston and the Islands MP Ted Hsu. These members, however, were not present for the founding meeting on October 7.

The Leader was able to speak with Lauzon late last week. He told the Leader that “Runciman is taking the lead.”

While he admitted that his “information is somewhat limited” at this point, he did offer the following information: “I’m on the committee. What we’re trying to do is foster better relations between the two border countries and ridings.”

Lauzon referenced the incident with the fisherman as the catalyst to the formation of the cross-border group saying: “We just think if we can open up better communication with both countries at both levels we can eradicate this problem.”

“Northern New York and Eastern Ontario share not just a common border, but face the same challenges and opportunities. It makes economic sense to look for joint solutions,” Runciman said. “And the people in border communities are not just neighbours, but we’re good friends, too. I see this group as a way to reinforce that message.”

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Let’s skate!

It appears that the Morrisburg Shopping Plaza will be getting a skating rink for the Christmas season.

At the October 4th South Dundas council meeting Councillor Jim Graham reported that the Morrisburg Business Improvement Association (BIA) met the previous evening and “agreed there should be a better location.”

Hugh Garlough, Manager of Public Works, said that he’d like to “thank the BIA for accepting my thoughts” and went on to say that  “we will do our best to work with them (and when it) comes time, do whatever we can to cooperate.”

In terms of where the rink will be located, he reported that “the mall location south of the clock tower will not be used as the township has concerns with this location.”

Possible locations were discussed, including the area of the parking lot where the former visitor’s centre was located. However, Garlough informed the Leader that “the location of the BIA’s skating rink has not been decided as of yet.”

“The location will be decided by township staff and the BIA representatives at a later date.”

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Council hit with unexpected costs

Like everyone else, even the township gets hit with unexpected costs now and again.

On October 4th, Don Lewis, Manager of Recreation, informed the South Dundas council that three of their roof top units for two of their buildings had been red-tagged by the gas company, meaning that the gas won’t be turned on until the heaters are replaced or fixed.

The Morrisburg Justice Building has two roof top units needing immediate attention. One, almost 20 years old, will be completely replaced. The other, only ten years old, will require only the heat exchanger to be replaced.

The remaining roof top unit in question is also close to 20 years old and can be found in Iroquois at the Civic Centre. This unit will be completely replaced.

A tender invitation is being advertised in this week’s papers.

In terms of financing the repairs, Treasurer Shannon Geraghty told council that there “are some potential items we’ve saved on this year” as well as “savings we could pull from.”

As Mayor Steven Byvelds pointed out, “things break unexpectedly.” He said that he agreed with Geraghty, “we should find savings out of the existing budget.”

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OPP arrests in South Dundas

On October 9th, SD&G OPP officers responded to a report of a family dispute on County Road 31, South Dundas Township.

The investigation revealed that a male threatened other family members that were in the residence.

The 24yr old male was arrested and faces charges of: Utter Threat to Cause Death or Bodily Harm; Utter Threat to Damage Property; Mischief Under $5,000; and, Possession Schedule II Cannabis Marihuana. He was held in custody pending an appearance in Cornwall court.

On October 10th, SD&G OPP officers responded to a report of a domestic incident on Strader Road, South Dundas Township. 

The investigation revealed that a female and her 34yr old common-law husband were involved in a verbal altercation that resulted in the male assaulting the female. 

He was arrested and faces charges of: Assault and Mischief Under $5,000. He was held in custody pending an appearance in Cornwall court.

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Bill C-292: putting victim rights over criminal rights

On September 28th, Guy Lauzon, Member of Parliament for Stormont-Dundas-South Glengarry, tabled a private member’s bill, Bill C-292, An Act to amend the Corrections and Conditional Release Act (victims’ restitution and monetary awards for offenders).

“Mr. Speaker, I am pleased to introduce an amendment to the Corrections and Conditional Release Act. This amendment will ensure that any monetary amount awarded to an offender pursuant to a legal action or proceeding be paid to victims and other designated beneficiaries,” said Lauzon in the House of Commons on September 28, 2011.

“This amendment ensures victims of crimes come first and criminals do not profit from their crimes. Just another example, Mr. Speaker, of this Government putting the rights of victims ahead of the rights of criminals.”

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Parlow road now open

The October 4th South Dundas council meeting brought news about two roads in the township. 

Parlow Road from County Road 4 to County Road 2 is open to the public as of October 5.

Manager of Public Works, Hugh Garlough proposed to council that the road be designated “an open, Public Highway, maintained year round.”

According to Garlough, the road work for Parlow Road was completed by Willis Kerr Contracting on September 20, 2011.

He put before council a by-law “to insure that the benefitting properties contribute in a like manner to the construction cost of this road extension.” The by-law was approved.

Now that Parlow Road is officially open, Deputy Mayor Jim Locke revealed that he is “glad this controversial matter is finished.”

Councillor Archie Mellan agreed, adding that he’s “glad to see it’s going to be fair.”

In other road news, the Doran Creek Subdivision road’s name is now officially Doran Creek Drive.

The proposal for the name approval came through Garlough who received the request from Henry Swank of Swank Construction.

According to Garlough, “no other township road name is associated with this naming request.” Council unanimously approved the request.

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Recreation centre devastated by fire

The Williamsburg detachment of the South Dundas Fire Department was called out to the Dunbar Recreation Centre at 2:45 a.m. on Saturday, October 8th only to find that the fire and the hall were too far gone for saving.

According to South Dundas Fire Chief Chris McDonough, “the building is a total loss.”

He told the Leader that the cause appears to be a wayward cigarette butt: “We’re thinking it’s the planter. A cigarette was disposed of in a planter at the front of the hall.”

He says that this was probably done on Thursday night during the election poll as this was the last night the building was in use.

When asked if it made sense for the fire to take so long to ignite, he said that because of the peat moss it probably “smouldered for quite some time” burning down before spreading to the building.

McDonough said that a similar situation recently occurred at the Iroquois Civic Center. A cigarette was discarded in a planter causing ignition. No damage was reported in that instance.

The fire in Dunbar also spread to a neighbouring garage door, but luckily it was spotted and fire fighters were able to extinguish the fire before any substantial damage could be done.

In terms of the Dunbar Recreation Centre, which is owned by the municipality of South Dundas, Manager of Parks and Recreation Don Lewis said nothing was salvageable.

The centre contained a kitchen, stage, dance floor, recently purchased tables, chairs and a storage room filled with supplies.

Lewis said that the building had recently undergone some changes with a new roof in 2008, as well as the addition of a handicap ramp in June 2011.

The centre is used frequently for baby showers, weddings, and even a weekly coffee club.

Lewis says it will be up to South Dundas council as to whether or not the building is replaced. He pointed out that the building was covered by insurance.

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Seaway District High School welcomes new vice principal

Karen Bryan, new vice principal at Seaway District High School, was able to come to Iroquois in July, getting to know many of the school’s teaching and support staff and learning how the grades 7-12 school works. 

That opportunity has gone a long way towards making her feel comfortable and welcome at SDHS as the 2011-12 term begins.

“Students have been very welcoming, creating a friendly atmosphere,” vice principal Bryan said. “And the staff here is wonderful, student focussed and student centred. Since I arrived, I’ve also had a lot of communications with parents, and I am very pleased with the level of parental involvement at Seaway.”

Mother of three boys, Bryan, who shares administrative duties with Seaway principal Terry Gardiner, enjoys the idea that she is working in a multi-generational high school.
“Many of the parents of our children have also gone to Seaway, and many have played on school teams and worked on projects with the school. As a result the school is a vital part of this entire community.”

A graduate of General Vanier in Cornwall, with an honours degree from Queen’s University and teacher training from the University of Toronto, Bryan began her career with UCDSB, prior to 2004, in the (no longer) capital region. 

“I worked with teachers from grades 7-12 on instructional practice and curriculum design in all subject areas. In 2006, this job moved to the board level where I began working with all board members in the areas of literacy and numeracy mandates. The focus was on classroom instruction and success initiatives.”

After 2007, she served as a learning resource coach at St. Lawrence and C.C.V.S. “We worked with teachers in helping students meet I.E.P. requirements by examining learning mod-ifications. We essentially trained teachers to go back to their classrooms and carry on what they learned.”

Before her involvement in these fields, Bryan served as a classroom teacher in Toronto and at North Dundas District High School, in the fields of mathematics and physical education.

“I always wanted to be a teacher,” Bryan said. “I think it was the influence of some of the awesome teachers I had growing up. I think I experienced early on  examples of what a good teacher can be in a child’s life.”

Some time spent teaching at R-O, a kindergarten to grade 12 school, has, Bryan feels, prepared her for the combination of intermediate and high school. 

She is getting a feel for the needs and priorities of Seaway. But there are some programs she hopes may be introduced at the school down the line.

“I would like to introduce after school programs, especially for grades 7-9, which combine a literacy and numeracy component, but also offer fitness and nutrition experiences for the students. Many kids wouldn’t mind staying after school for interesting programs they could benefit from.”

She senses a good feeling at Seaway built on strong connections between 7-9 teachers spanning programs and procedures. “I want to keep both high school and intermediate panels working together. 

We are working with teachers as ‘instructional leaders’, not as ‘managers’, which is a board wide initiative. I am an authority figure in the school, but I am also a teacher. I see a lot of willingness in this staff to collaborate in this approach.”

Bryan strongly feels that public education must be maintained as accessible to all children. Every child can learn and brings skills to the table. “We must value all the paths our children choose whether they choose to go on to higher education, or to learn in the world of work. Each path must be valued equally.” 

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