Submitted by Bob Grylls
WHITEWATER REGION – Delbert O’Brien of Whitewater Township will be inducted into the Ontario Hall of Fame for Agriculture in June 2021 – the first inductee from Renfrew County.
Nominations form his peers, three branches of Ontario Farm Associations, and with supporting letters from the Renfrew County Law Association and MPP John Yakabuskie, made him a compelling choice for this distinction.
It is the mission of the Ontario Agricultural Hall of Fame Association to acknowledge, record and preserve the contributions made by leaders to the growth and development of Ontario’s agriculture and agri-food industry, so eclectic and of significance to our region. The affairs of the Association are managed by a 15-person volunteer Board of Directors elected from and by the membership.
The Drainage Act establishes the process for one or more landowners to obtain an outlet for drainage waters through the construction of a municipal drain. The ability to safely remove excess waters from one’s fields enables farmers to achieve higher crop yields while also reducing rotting and soil compaction.
The Drainage Referee hears appeals on the legal aspects of drainage work as well as appeals from a decision of the Tribunal.
From 1994 t0 2006, Mr. O’Brien was appointed by the legislature to serve in this position. The Drainage Referee had powers and authorities that are similar in nature to a judge of the Superior Court of Justice. This position could be very legislative in nature and could write decisions correct to the letter of the law but as well miss the spirit of the law.
Not so. Del O’Brien using his farming background, brought a different approach in the hearings. He instituted the policy of holding hearings in the municipality where the dispute originated – going to the people rather than the county courts. He was accommodating and ensured that appellants had an opportunity to be heard. He stressed that the Drainage Act be interpreted liberally to achieve its objectives, working hard to discover practical solutions to legal problems.
Mr. O’Brien’s decisions were clear and succinct and were rarely challenged. Importantly, he eliminated the need for parties to have legal representation to present their case to the panel. Another outstanding feature of the Tribunal was the publication of the fact that the decision of one case did not set a precedent for a case with similar circumstances – each case demanding a unique solution. This major shift from past practice was a huge step forward for drainage in the province.
Prior to Mr. O’Brien’s position of the Ontario Drainage Referee, it should be noted that in 1975, the Drainage Act went through some major amendments, one being the creation of the Tribunal. Mr. O’Brien was appointed as the Founding Chairperson of the Ontario Tribunal, holding hearings from 1976 until 1989. He was responsible for creating a template for its functioning. Working with Tribunal members, he created a comfortable atmosphere for appellants to express their views on drainage projects. He also confirmed that authority of engineers appointed under the Drainage Act were not undermined.
In 1990, Mr. O’Brien was federally and provincially appointed to conduct Hearings under the Grape Acreage Reduction Program. Nearly 50 Hearings were conducted in the Niagara Region without a single appeal. In May 1992, Agricultural Minister Elmer Buchanan expressed appreciation for the great lengths O’Brien took to ensure full and fair hearings.
Del took Honours History, received the Armstrong History award, followed by an LLB degree at the University of Toronto. The Atkinson scholarship in his graduating year at Pembroke Collegiate along with tremendous support from Principal Summerhayes made it all possible.
After completing Law School and being called to the Bar of Ontario, Mr. O’Brien returned to Renfrew County to establish a law firm with Mr. Alan Huckabone.
Del also spearheaded the creation of the Pembroke and Area Airport, the only airline to regularly serve the community. This airline allowed expansion of industry in Renfrew County and proved international connections for AECL. It also collaborated with Algonquin College in the training of pilots.
Del also served on the Board of Directors for Algonquin College from 1994 to 2000, ending his service as Chair.
In 2010, Del O’Brien was presented a Lifetime Business Achievement by the Upper Ottawa Valley Chamber of Commerce.
Leadership skills polished in High School, enhanced during University, persisted throughout his career. Along with his communication, thoroughness, and pragmatic attributes, he was able to shape a successful career in farming and in law culminating with the highlight of being inducted into the Ontario Agriculture Hall of Fame.
