by CONNIE TABBERT
Editor
PEMBROKE — A Cobden businessman will have to enter a plea of guilty or not guilty in provincial offences court next month.
Doug Shields, owner of the Chip Pit, was charged October 17, 2014 with failing to comply with an inspection order from the Whitewater Region Fire Department. Chief Wayne Heubner and Captain Roy Church will not say what the inspector order is until the court case is complete.
Last June, a story was published in whitewaternews.ca regarding several issues the fire department had with Mr. Shields’ business. In the June 26, 2014 story, it was noted that on April 19, 2013, Roy Church, an assistant to the Ontario Fire Marshall’s Office, as well as a captain with the Whitewater Region Fire Department, ordered the business to cease until it met fire safety regulations.
From the story: However, the fire marshall’s office allowed the business to remain open if it put fire extinguishers in the business and the tribunal with the OFM’s office said a weekly cleaning program, incorporating surface cleaning and degreasing of filters, be established, which is to be approved by the chief fire official
Also, throughout the summer season, an inspection must be conducted every other month by a properly trained, qualified and certified company or people acceptable to the chief fire official.
In its ruling, the tribunal has allowed Mr. Shields to continue operation, but has until October 15, 2014 to install the exhaust and fire protection systems required to meet the criteria of the Ontario Fire Code.
Monday morning, Justice of the Peace Nancy Mitchell, took a few minutes to review the file and following the review questioned where the motion was that was to be heard that morning.
This was the sixth time this matter has been before a Justice of the Peace, she noted.
“I have not seen the material before today,” she said. “I see no written motion.”
The defence is here on a motion, she said, adding, “Where’s the written motion?”
Mr. Shields’ lawyer Terrance Green said they are there to argue that the summons was not properly issued.
However, before he could proceed further, JP Mitchell questioned again, “Where is the written motion?”
Nancy MacDonald-Duncan, the prosecutor from the Ontario Fire Marshall’s Office (OFM), said there is no formal motion, but this case has been adjourned on two occasions already so a formal motion could be brought forward.
Jeff Bogaerts, who is working with Mr. Green, said they are bringing forward an oral motion on the same issue they’ve been in court since the beginning – the information that brought Mr. Shields’ to court is incorrect.
“We are not arguing on the merits of the case, it’s on the information on the summons,” he said.
JP Mitchell then questioned what jurisdiction did Mr. Bogaerts have to bring forward an oral motion.
When he suggested that the information on the summons is incorrect, JP Mitchell noted when the person charged comes to court with counsel, they are responding to a summons, they make a plea and then go to trial if pleading guilty.
“We are here now,” she said. “I have a full afternoon available if you want a trial.”
She said if Mr. Bogaerts wanted to have the motion discussed, it could be submitted in the body of the trial.
“We don’t even have a plea yet,” JP Mitchell said.
Noting that everyone involved with the case was in court, she said, she would take a recess and the defendant could decide if he wants a trial today or an adjournment.
“This is the sixth time this case has been in court,” she said. “This is totally unacceptable. We will proceed to trial if he pleads not guilty.
“I am not going to accept a motion that is not before the court,” she said. “I’m going to stand this down so Mr. Shields can talk to his counsel.”
JP Mitchell has a concern this case is “dragging on,” noting it’s the sixth time in court since the charge was laid on October 17, 2014. She gave Mr. Shield’s and his counsel 90 minutes to discuss their next step in the process.
When court resumed, JP Mitchell asked if Mr. Shields was prepared to enter a plea or is there to be an adjournment.
Mr. Bogaerts said no plea would be made but noted trial dates of Oct. 20 to 22 or Oct. 27 to 30 could be set aside.
JP Mitchell said all parties will return Monday, June 22 to set a trial date.
“A plea will be entered on June 22,” she said.
She noted it’s unfortunate this matter will be more than a year old when it goes to trial.
