Years of Bait and Switch:

BREAKING NEWS - - - May 6, 2019, The Globe & Mail: Will Windsor's new hospital heal the city or do it harm?

Years of Bait and Switch: A Small Handful of Officials are Selling Our Future Short

Both Mayor Drew Dilkens and Windsor Regional Hospital (WRH) CEO, David Musyj are lawyers. Surely both are thoroughly familiar with the legal system. Why are a small handful of mostly unelected officials using the local media to create public fear and confusion? Why are they so afraid of the independent LPAT Tribunal's legal process?

LPAT is an independent provincial tribunal that ensures good governance and transparency Of course, we all support necessary improvements to our regional hospital system. But how can they possibly claim in the May 4, 2019 Windsor Star that CAMPP, after six years of sustained public advocacy and engagement, did not "participate in the process"? In fact, we submitted three detailed reports to the consultants overseeing the site selection process: one in September 2016, another in July 2017, and a final one in August 2018. Furthermore: Over 2,000 local households requested lawn signs demanding hospital services remain accessible to the city's more than 200,000 residents Hundreds of residents have spoken at, or written to Windsor City Council 1,300 signed an online petition asking to keep hospital services in Windsor's city centre 2,500 signed a petition to the Ontario Legislature requesting a restart of the site selection process Countless letters and emails were sent to local MPPs, appealing to them to intervene To date, nearly 300 individuals or community groups have contributed almost $55,000 to our GoFundMe campaign to pay our legal costs for our current LPAT challenge. If this isn't enough, what's expected to "participate in the process"? Remarkably, it was the City and WRH (at the March 20, 2019 LPAT Case Management Conference) who refused the Tribunal's request to participate in mediation. Why? Because CAMPP would not agree to their bizarre terms: Accept the County Road 42 site! Isn't this the very issue on which the LPAT is supposed to rule? "Darn-tootin'!" This week again, more questions than answers! When Windsor’s mayor Drew Dilkens announced to the media on Friday, May 3, 2019 that Windsor City Council unanimously decided to put the former Grace Hospital site up for sale, the story generated more questions than answers. This wasn’t exactly breaking news. More than a year ago, on February 15, 2018, the Windsor Star reported that a high ranking local health official involved in the planning of the new hospital said there were no longer any plans to build the previously announced Urgent Care Centre on the former Grace site. As we wrote to you in our eblast on February 18, 2018:

Windsor Regional Hospital CEO David Musyj vehemently denied the Grace site is no longer in sight. He described it as fiction, saying, "If someone is saying that, they don't know what they are talking about. Unless it's coming from (Ontario Health Minister) Eric Hoskins or (Premier) Kathleen Wynne, they are liars."

Just over a year later, it appears the Windsor Star's source was telling the truth after all! We do think the announcement of the potential repurposing of the Grace site for a mixed use development is a great relief. Windsor needs more housing stock and commercial activity downtown. The Grace site location along the University Avenue corridor could kickstart a long-awaited and much-needed economic revival.   What's the difference between a UCC and a "Satellite ED"? WRH officials now appear to be planning to locate the downtown urgent care centre on the current WRH Ouellette Campus site. However, they are calling it a "satellite Emergency Department (ED)."

"It’s an emergency department, just without inpatient beds. So it’s staffed by emergency room physicians, emergency room nurses. It can handle any type of issue."  -- WRH CEO David Musyj on AM800 on May 1, 2019

Is this an elaborate marketing exercise to sell an unacceptable, and potentially life-threatening reduction in healthcare services to what they think is a gullible public? They suggested we look to Brampton’s new facility to learn about what is being planned in Windsor. So we did. This is what we found on the Peel Memorial Urgent Care Centre website - note that for serious conditions, patients are told to travel to one of two acute care hospitals:

Before believing whether the new facility being planned in downtown Windsor is actually an Emergency Department that can handle any kind of issue, the public deserves to know: Will it treat life-threatening conditions like strokes and heart attacks? Will it be open 24/7? Will it accept ambulances? Will there be ambulatory care clinics and surgeries? Will patients with referrals to see a specialist be able to see them there or will they need to travel to the acute care hospital?

A Message for Mothers

“Justice will not be served until those who are unaffected are as outraged as those who are.” -- Benjamin Franklin

For many who oppose the mega-hospital location, the biggest issue is access. If you’re used to driving everywhere, you probably don’t think a whole lot about how the County Road 42 location might affect people who don't drive. What if you can’t afford a car or taxi fare?  For mothers living in poverty, this is a critical issue. According to 2015 statistics: 32.1% of Windsor West children under the age of 17 live in poverty Many of these children live in single-parent (mother-only) households The proposed plan includes the closing of both Met and Ouellette acute care hospitals. Each has a 24/7 ER, ORs and specialists on call. Both are easily accessible by bus with few transfers needed. But the remote mega-hospital site will require several transfers for most riders.  That’s of course if buses are running at all. Imagine being a single parent living in poverty with a child in hospital or with ongoing medical needs. Now, imagine this without a car. The 15-18 km cab ride from the west end to the proposed hospital location will cost approximately $35 (one way). While the City has promised to provide public transit access, you can imagine how long it will take to get to the proposed mega-hospital. And what if you have to get there in the middle of the night or on a holiday? Transit Windsor currently doesn’t operate 24/7 and who knows if it ever will? Some of our county friends like to point out that this is a regional hospital and that it should serve the realities of the region. Indeed it should.

In the community: What people have been writing this week

"LPAT does NOT decide where the hospital goes. They simply decide if WRH and the City played by the rules when making their decision." "The fact that people like Musyj take offence to the group exercising a perfectly legal and valid argument speaks volume about the character of those people. Keep up the good work." "Urban sprawl at its worst, losing farmland, more flooding. Empty the core, we should be developing the core and make the city vibrant. Learn from other smart cities. Develop where the services already exist!!!!" "I admire the passion and purpose of CAMPP. Best wishes for the successful completion of the fundraising campaign."

Have a comment you'd like to share? Please send it to us by replying to this email. We love to amplify our

Community Support for CAMPP's Legal Appeal Grows

On April 23, 2019, the Via Italia Business Improvement Association announced a $2,500 donation towards our legal challenge to halt the planned development of a new 1,000 acre subdivision to be anchored by a new mega-hospital. They are the third Windsor BIA to throw their support behind CAMPP's LPAT appeal. This prompted the Windsor Star's Anne Jarvis to write her April 24, 2019 column about the growing number of concerned residents and the impressive list of high profile donors backing our campaign to rethink the hospital location.   Windsor Regional Hospital (WRH) CEO, David Musyj's quoted response was customarily blunt:   "Who are they to speak to the location of the hospital?”   Who are we? After more than five years of continuous public advocacy to rethink the mega-plan, how can Mr. Musyj legitimately ask this question? Over 2,000 local households displayed lawn signs demanding hospital services remain accessible to the city's more than 200,000 residents Hundreds of residents have spoken at, or written to Windsor City Council 1,300 signed an online petition asking to keep hospital services in Windsor's city centre 2,500 signed a petition to the Ontario Legislature requesting a restart of the site selection process Countless letters and emails were sent to local MPPs, appealing to them to intervene To date, nearly 300 individuals or community groups have contributed more than $50,000 to our GoFundMe campaign to pay our legal costs for our current LPAT challenge. Who could possibly ignore this much public engagement?   Yet, WRH planners still refuse to acknowledge the magnitude of the community’s displeasure: its well-articulated pleas for accessible and inclusive healthcare, fiscally responsible planning and environmental stewardship. Importantly, Mr. Musyj's statement in the Windsor Star omitted the fact CAMPP has persisted in advocating for a responsible location for the new hospital, not whether to invest in one. His comments to the Windsor Star also advanced a well-worn rhetoric about private inpatient rooms and bathrooms. What does this have to do with the disputed mega-hospital location or improvement in patient outcomes? Especially, as the site selection overlooked critical factors, such as population density, current economic data and realistic demographic trends.   When will WRH planners - unelected bureaucrats funded by the public they are appointed to serve - finally be held accountable for public statements that ignore the real issues? When will WRH be held accountable for years of discounting the extent of public dissatisfaction? Building for the past The plan that the hospital’s unelected empire builders have been presenting as a done deal - an undeveloped exurb, single site acute care hospital with acres of additional surface parking - was formed with last century's healthcare centralization mind-set. Healthcare will most likely look very different a decade from now. We can expect it to be considerably leaner: enabled by medical advances, but also forced by almost $350 billion of debt inherited from the previous government. Many procedures will be less invasive, and average inpatient stays will become fewer and shorter. There is a role for a new hospital system, but the monolithic $2 billion mega-structure as presented to the public (with enough land to replicate itself) will almost certainly be obsolete long before opening day. It is far more likely that any further delays in what has already been a lengthy planning process will be due to the Ministry of Health asking hospital planners to right-size their proposal for a more realistic future. There’s no debate:  Windsor-Essex needs provincial investment in our hospital infrastructure. Parts of WRH's two campuses have seen better days. But others are also relatively new, like the $17M Regional Cancer Centre built in 2001, and the state of the art surgical suites completed in a major renovation in 2005. How well have the two campuses been maintained since scuttling part of the first phase of a 20 year, $670M Ouellette Campus expansion in 2013? Have further necessary renovations to WRH been intentionally delayed in order to increase the public's support for the mega-plan?  A new hospital should be about better patient outcomes A great hospital plan is about far more than private rooms and parking. How will the delivery and outcomes of healthcare be improved if it is inaccessible to tens of thousands of vulnerable residents, especially those without cars? A consistent lack of accountability Are our healthcare leaders spending too much time - and scarce healthcare resources - on the promotion of their field of dreams, rather than ensuring the community's current and future needs are properly met? Who are we? CAMPP is thousands of Windsor-Essex residents who care deeply and publicly about the future health of our community.

In the community: What people have been saying this week

“If you accept the narrative that debate might give the Ford government “an excuse” to cancel, wouldn’t it be irresponsible to signal to the government that local fingerpointing would deflect blame away from them, should they decide to cancel the project?”

“If Windsor could start planning like it’s 2019, not 1969, this appeal would not be occurring.”

“And let’s be clear - Windsor City Council (pre-election) supported the ‘project’ but has NEVER had a fullsome conversation about location, in fact tried to shut that down at every turn.” "There are a number of us out there watching, who wish we could be public with our thoughts. I think about the momentum that's building and the validation of the cause."

“He has cost the people thousands of dollars. First by running a site selection process that was sub par, then the money he wasted on consultants and lawyers and forced us to focus our energies and money to stopping this ridiculous project.”

“The Windsor mayor made it very clear that council were NOT voting on location, only approval of levy / support of new hospital. Again NOT location. Perhaps he is mistaken. It's rather unfortunate to see the approach and stance taken towards citizens and following due process.”

CAMPP Appeal Granted Oral Hearing!

On April 16, 2019, CAMPP's legal appeal won the right to a future oral hearing "based on the breadth and nature of the likely issues." This outcome resulted from the arguments our legal counsel put forward at the Local Planning Appeal Tribunal (LPAT) Case Management Conference held on March 20, 2019 in Windsor. CAMPP's appeal challenges the proposed location of the mega-hospital and the development of a new (residential and commercial) subdivision on 1,000 acres of active farmland.

“The Tribunal has agreed many significant issues have been raised by CAMPP” said Eric Gillespie, our legal counsel. In its decision, the LPAT Tribunal reconfirmed participant status for 28 of the 29 residents and organizations who had applied to join our appeal. RE: Consultation with First Nations The LPAT Tribunal disallowed the late submission by Walpole Island First Nation to be a participant. CAMPP and another participant, in their respective arguments, pointed out the absence of meaningful consultation with First Nations residents during the hospital site selection process. The Tribunal indicated that should it have any unresolved questions with respect to this issue, it has the authority to call a representative from Walpole Island First Nation for further examination. Our next steps The LPAT Tribunal has directed the parties, including CAMPP, the City of Windsor and Windsor Regional Hospital, to continue working towards agreement on a condensed formal list of issues by the end of the month. They also directed the parties to prepare an agreed statement of facts within 45 days. An oral hearing date has not yet been set.

If you wish a deeper dive Click here to see our legal arguments and a summary of relevant policy provisions.

Some recent comments from donors who have supported our Windsor Hospital Appeal GoFundMe campaign:

“The proposed location goes against all sustainable planning principles. No one purposely builds barriers into their cities and the airport is the biggest barrier.”

“The most vulnerable individuals of our community should have the greatest ease of access to healthcare services.” "My family and friends, my neighbours and community, my city and county, the farms and the flooding, deserve a better hospital plan."

“The hospital planning committee did a very poor job in regards to involving the community in the planning stages and rather than own this  error has chosen to mask it with the default argument that in such matters it is impossible to please everybody and so we did what we thought was best. That sort of mentality should be publicly flogged.”

Have a comment you'd like to share? Please send it to us by replying to this email. We love to amplify our supporters' viewpoints.

LPAT is an independent tribunal that ensures good governance and transparency

For five years, hospital planners have only welcomed positive opinions, while disparaging all public expressions of concern. Don’t believe those who say it's time to move on, or that our appeal will jeopardize our chances of getting a new hospital. Their fearmongering is designed to suppress negative public opinion and to obscure the flaws in the mega-plan. Please encourage friends and neighbours to learn about the importance of the LPAT process, while this independent tribunal reviews the facts of our case.   Your participation in CAMPP's efforts is democracy in action!

Recommended Reading: Why losing essential services to the suburbs is bad for everyone

For more reading on why it's an expensive mistake to move essential services away from established neighbourhoods, inspiring author and educator Jamie Littlefield describes a very similar situation in her home town of Provo, Utah, on the Strong Towns blog. We highly recommend the article, and we're looking forward to reading her upcoming book about "the wild & wonderful ways people are recreating their cities."

Read the article here You can also follow Jamie on Twitter at @writingjamie

Correction: City of Windsor Challenged LPAT Participants

In our March 28th eblast, we wrote: The Toronto lawyers for the City of Windsor and for Windsor Regional Hospital (WRH), who appeared to be working closely together, asked that the submission by Walpole Island First Nation be disallowed. Wood Bull LLP is the Toronto law firm for Windsor Regional Hospital. A representative from the firm wrote a letter to our lawyer, Eric Gillespie, stating that they made no submissions to challenge any of the requests for participant status. We wish to set the record straight. In fact, it was Peter Gross, the lawyer acting on behalf of the City of Windsor, who made the arguments to disallow Walpole Island First Nation and several other parties from participating in our appeal. The other parties they challenged were the Ontario Association of Architects (OAA), The Congress for the New Urbanism (CNU), Michigan Chapter, and the Consulting Engineer for the two shortlisted hospital sites, Richard Spencer. The background on Walpole Island First Nation's request You might recall that Walpole Island First Nation's request for participant status was received shortly after the 30 day cut-off for the March 20, 2019 Case Management Conference.

During the conference, our lawyer, Eric Gillespie, pointed out that we are living in an era of reconciliation. He suggested a practical way for this important submission to be included with all the others. The Tribunal is still considering Mr. Gillespie's suggestion.

They will let us know when they have made their decision.

“The hospital is not only critical to the area because of the services it provides, but it is also an integral institution which impacts our businesses and neighbourhoods. The moving of the hospital will only add to the problems we are already facing such as vacant store fronts, crime, and blight. We are working hard to revitalize our area, and this would be a major setback.” -- Wade Griffith, Chair of the Wyandotte Town Centre BIA

What happens when the personal finances are not available? “West Windsor hosts more public housing and a lower income demographic compared to the rest of the region. The new location leaves them further cut off from care facilities and from family care when in need. Location matters for retirement homes because of the multiple weekly ambulance trips to the hospital. The added cost to city taxpayers for longer ambulance rides has not entered the equation... it is the responsibility of the patient to arrange and pay for a ride home after a hospital stay. A city bus is most often not appropriate. What happens when the personal or family finances are not available?” -- Mike Cardinal, Founder and Administrator of Cardinal Place

Making the right planning decision “An institution such as a hospital should be in the population centre - and not the geographic centre - of the community it serves. Disclosure: I live in the county and locating the hospital in the city will make my drive further...but it is the right planning decision.” -- An anonymous donor

Our LPAT Appeal Goes Forward

We have successfully completed the first stage of our LPAT appeal. Thank you to the more than 100 people who came to the March 20, 2019 Case Management Conference at Windsor City Hall. At the end of the six-hour hearing, we were delighted that the Tribunal approved 28 of 29 participants in our appeal. We are now awaiting direction from the Tribunal for the next steps in the process. Our participants' voices represent a broad cross-section of the community. Their submissions include a comprehensive range of facts and reasons why the development of a new 1,000 acre subdivision to be anchored by our new mega-hospital are inconsistent with Ontario Planning Policy and Windsor's Official Plan. Their issues include: Institutions not integrated within neighbourhoods; impact on accessibility Unwise and inefficient use of resources Environmentally unsustainable urban development Planning that was not responsive to residents' concerns

Click here to see the relevant Planning Policy provisions

The 29th Participant: Walpole Island First Nation The Toronto lawyers for the City of Windsor and for Windsor Regional Hospital (WRH), who appeared to be working closely together, asked that the submission by Walpole Island First Nation be disallowed. Their argument was that this submission was received less than 30 days before the Case Management Conference.

Era of Reconciliation In response, our lawyer, Eric Gillespie, pointed out that we are living in an era of reconciliation. He suggested a practical way for this important submission to be included with all the others.

The Tribunal said they would consider Mr. Gillespie's suggestion and would let us know when they have made their decision. Mediation The Tribunal suggested mediation to resolve our differences. Our lawyer, Mr. Gillespie, declared CAMPP was prepared to do this. The City and WRH lawyers stated unequivocally they would only agree to mediation if CAMPP dropped its objections to the proposed County Road 42 hospital location. Their position strikes at the heart of our appeal. It is clear neither the City nor Windsor Regional Hospital are open to working with residents in order to resolve our differences about our community's land use planning priorities.

Arguments to Reject Participants The City and WRH lawyers challenged the validity of several participants: The Ontario Association of Architects (OAA): They claimed it is inappropriate for architects to question land use planning. The Congress for the New Urbanism (CNU), Michigan Chapter: Their leadership was unable to attend this Case Management Conference. The Engineer for the two shortlisted hospital sites: They argued Rick Spencer's concerns revolved around a hospital site that was not selected. The lawyers also disputed CAMPP's arguments about resilience in the face of climate change, and the affidavit by our Independent Expert, Toronto's former Chief Planner, Jennifer Keesmaat. For more information about CNU (an association with members from Michigan and Southern Ontario) and OAA's professional relevance to the field of responsible land use planning, see the explanations below:

Ontario Association of Architects "A self‐regulating organization governed by the Architects Act, which is a statute of the Government of Ontario. The Association is dedicated to promoting and increasing the knowledge, skill and proficiency of its members, and administering the Architects Act, in order that the public interest may be served and protected. ... We can provide a uniquely local, yet unbiased review, since our members are unlikely to be the lead designer for this facility or derive any direct financial benefit from it. Our motivation is to make this region the best it can be."  Congress for the New Urbanism "... one of North America's foremost nonprofits that advocates for a sustainable approach to community planning and urban design. [Its] membership is comprised of municipal officials, public and private sector planners, urban designers, architects, landscape architects, developers, transportation engineers, lawyers and other development professionals that have been proactive in bringing about major shifts in how we plan neighborhoods, communities and regions. The Michigan Chapter of [CNU] is unique, as our association is comprised of members from the State of Michigan and Southern Ontario."

The Tribunal's Decisions After deliberating, the Tribunal agreed to allow all 28 participant submissions received by the February 19, 2019 deadline. They will get back to us with the remaining decisions on the date, format and scope of our hearing. We will of course alert you when the Tribunal announces our next steps.

"As a new board, we will be working to build up and revitalize the city’s downtown, the heart of the city. At the same time, we feel it is incumbent upon us as stakeholders to ensure while we are working to build up and strengthen our city’s centre that this work is not undermined by decisions which will see a vital service leave the core.” -- Brian Yeomans, Chair of the DWBIA

Poor Accoustics in Windsor's City Hall

The absence of microphones made it impossible for everyone present at City Hall last week to hear what was being said. Many people were angry about the poor accoustics during the hearing. It was very disappointing, especially because the building is so new. We have contacted the City and LPAT to ask that they ensure better arrangements are made the next time we appear before them. If you would like to do the same, we suggest you send an email to the Case Coordinator, Tamara Zwarycz.

Join us at 10:30 am this Wednesday, March 20th, at City Hall

The first major step in appealing Windsor City Council’s August 13, 2018 zoning decisions is about to take place. The Local Planning Appeal Tribunal (LPAT) Case Management Conference is scheduled to begin at Windsor City Hall at 11:00 am this Wednesday morning. Twenty-nine (29) residents and groups have asked to present their views at this meeting. Come support them - we will be gathering outside City Hall at 10:30 am. This meeting is open to the public. Please join us at the entrance before we go in.  City and hospital officials have attempted to sway public opinion against our appeal. They are suggesting it will cause unnecessary delay to the planning process for much-needed improvements to the hospital system. Yet land use planning appeals are a very common part of the development process throughout the province. In fact, 346 LPAT appeals have been filed from Ontario’s 444 municipalities so far in 2019. LPAT has replaced the Ontario Municipal Board (OMB) The LPAT system is designed to keep most decision-making powers within municipalities. Its role is simply to review whether a municipal decision complies with its own Official Plan, and with Provincial Planning Policy. If LPAT finds the municipality hasn't complied with these policies, the decision being appealed will be sent back for reconsideration. City decision-makers and local residents should trust this appeal system as a necessary part of the checks and balances to ensure informed and consistent municipal decision-making.

Click here to see the relevant provisions of Planning Policy

LPAT's roots go back more than a century The LPAT is a successor to the Ontario Railway and Municipal Board, which was established in 1906, and later came to be known as the Ontario Municipal Board. The OMB was Ontario's first independent, quasi-judicial administrative tribunal. The OMB’s jurisdiction has been described as “responsibility for the sound growth and development of municipalities within the framework of statutes with particular regard to economic stability.” Is there any reason why our city would not welcome sound growth and development, and economic stability? In 2018, the OMB was replaced by the LPAT as part of broader legislative reform regarding planning and municipal powers.  The OMB heard approximately 30 appeals from City of Windsor decisions in the last 10 years 1,368 OMB/LPAT decisions were reported across Ontario in 2018, ranging between 98 and 134 cases each month (with no significant changes in numbers following the change from the OMB to the LPAT). Click here to read more.

LPAT ensures good governance and transparency!

For five years, hospital planners have only welcomed positive opinions, while disparaging all public expressions of concern. Don’t believe those who now say it's time to move on.  Please encourage friends and neighbours to learn about the importance of the LPAT process, while this independent tribunal reviews the facts of our case. This is democracy in action!