As Three Rivers mediation talks begin, residents look for a way in

With a controversial proposal to annex and amalgamate a number of communities in eastern P.E.I. now at the mediation stage, some residents who could be affected are wondering if or when their voices will be heard.

According to one of the lawyers who may become involved in the process, Three Rivers mediation talks began June 18.

However, Derek Bondt from the Charlottetown firm Key Murray Law said as of yet there has been no one involved in mediation representing the thousands of residents of unincorporated areas who would be included in the new municipality. Bondt said he's been hired by a group of those residents.

As to whether he might be able to represent his clients in the mediation process, Bondt said discussions with the Island Regulatory and Appeals Commission (IRAC) are "in the very early stages and there's certainly no confirmation from either the commission or the minister as to whether or not our clients or certain groups of individuals from the unincorporated area could participate at this time."

Mediation among communities underway

On May 24 IRAC confirmed it had appointed Frank Gillan to mediate the Three Rivers dispute. His job is to try to find some agreement among the communities supporting the proposal and the towns of Montague and Georgetown, which have filed objections.

Further objections were filed bearing some 1,500 names of residents within the proposed area. After the issue was raised in the provincial legislature May 28, Communities Minister Richard Brown told reporters those people filing objections should be represented in the mediation process.

It's about how to give unincorporated Islanders a better voice.— Brad Trivers

"If they could find a representative group that would represent the unincorporated areas to meet with the mediator, I would recommend to IRAC that they do, and to see what solutions can be brought up," Brown said at the time.

However, the amalgamation process outlined in the province's new Municipal Government Act, undergoing its first true procedural test, provides no avenue for residents who aren't part of a municipality to be represented during mediation.

Burnt Point resident Sylvia Teasdale, one of Bondt's clients and one of the leading voices opposing Three Rivers, said the act "creates two different types of citizens … those who have a voice and those who do not."

Teasdale called the process "unconstitutional" and said the act needs to be "completely overhauled."

Bill to amend act defeated

PC MLA Brad Trivers introduced a private members bill to amend the Municipal Government Act, which was defeated during the spring sitting of the legislature. The bill would have added requirements for annexation proposals to include petitions of support from residents of unincorporated areas, and provided for a plebiscite to gauge their support for a proposal.

"I was really, really disappointed in the debate on that bill," Trivers said.

"They did not want to debate about the content of the bill, they wanted to talk about whether amalgamation was good or bad, which was not the point of the bill at all. It's about how to give unincorporated Islanders a better voice."

The Municipal Government Act provides a mediator up to 60 days from the start of mediation to file a report with IRAC. If at the end of mediation there is still an outstanding objection from one of the municipalities involved, IRAC is directed to hold a public hearing.

If all municipalities have withdrawn their objections at the close of mediation, the decision to hold a public hearing is at the discretion of IRAC or the communities minister.

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