Posted Dec 21, 2007
 

 
Posted July 18, 2007
 

Update - Mount Pleasant Cemetery’s Proposed Visitation Centre

The community had a major win on September 25, 2006 when Toronto’s City Council voted overwhelmingly to reject the Mount Pleasant Group of Cemeteries’ (“MPGC”) plans for a Visitation Centre and also to fight the MPGC’s Site Approval application which was before the Ontario Municipal Board (“OMB”).

At that time the City also provided the Moore Park Residents’ Association (“MPRA”) with $70,000 to assist us with an Ontario Superior Court challenge to contest MPGC’s ability to build a Visitation Centre in the area zoned “G” for green space.

Sadly neither issue was decided in favour of the community: 

OMB - On November 24, 2006, the Ontario Municipal Board approved the Mount Pleasant Group of Cemeteries’ Site Plan application with certain conditions.  This meant that there are no further “planning” barriers to the commencement of construction. The MPRA did help mitigate against the impact of the proposed building and parking lot through advocating successfully that City Council should uphold Torontonians’ right to the Belt Line Trail easement which runs throughout the property.  We also helped ensure there was no vehicular access to the site from Moore Ave.

Court Challenge - Humphreys Funeral Home brought an application in front of the Superior Court of Justice for Ontario asking for a declaration that the Visitation Centre was not a permitted use for a cemetery on land zoned as green space. The MPRA had status as an intervenor. This case was heard January 8th and 9th, 2007.  We were unsuccessful as the Judge decided that a Visitation Centre was an “associated use” and thus was permitted under the applicable by-law. 

What Now?  Is it all over?

As soon as the MPGC has satisfied all the conditions set out in the OMB decision, they may apply for the building permit from the City of Toronto and start construction.  There still is a way to stop construction, however, if the Province of Ontario chooses to intervene.

What Can We Do?

Talk to your Provincial M.P.P.s and ask them to return the governance of the Mount Pleasant Group of Cemeteries to the community -- as was originally intended.
 

The Mount Pleasant Group of Cemeteries was originally created in 1826 by the Provincial Legislature.  A group of concerned citizens in the former City of York banded together to create a non-denominational cemetery for the citizens of the City.  They paid for the land through funds raised by public subscription (no more than $1 per household).

The original governing statutes of the Mount Pleasant Cemetery created a Trust that was accountable to the householders of Toronto.  The householders of Toronto had the right to choose who could serve as a Trustee – and thus govern the affairs of the Cemetery.  The governance of the Cemetery was “open” to the public’s involvement. 

At the time of the creation of the Mount Pleasant Cemetery the Trustees released a public announcement that said, among other things:

“The purchase of the land and its improvements have been effected by the Trustees of the Toronto Generally Burying Grounds [former name of the MPGC] for the general use of the inhabitants of the city and the surrounding country; being under no denominational or sectarian restriction whatever.

MOUNT PLEASANT CEMETERY is therefore the property of the citizens and its affairs are managed by a Board of Trustees, chosen according to law…”
 

With this language the Trustees’ indicated their belief that they were administering this cemetery for the greater good of the citizens of Toronto.

Somehow – and at sometime – the current Mount Pleasant Cemetery “went private”:
 

You can still have an impact -- Call your M.P.P. and the Premier’s office!

Call your M.P.P. and ask them to enact new provincial legislation to update the statutes governing the MPGC – to require the Cemetery to involve the community.  Demand that they take the cemetery public – once again!
 

MPGC alleges that the MPRA made factual misstatements

The MPGC sent the Directors of the Moore Park Residents’ Association a letter alleging that we made misstatements of facts in recent materials and on the web site.  The Moore Park Residents’ Association takes these allegations and the threats found in the MPGC letter very seriously.  We are committed to ensuring that the community is presented with a fair and accurate description of the facts and the issues surrounding them.

We encourage you to read a copy of the MPGC letter laying out their position and our responding letter for your review:

Mount Pleasant Group of Cemeteries letter of complaint dated May 4, 2007 [click here to read this letter]

Moore Park Residents’ Association formal response dated July 6, 2007 [click here to read response]

We remain committed to an open, thorough and accurate public debate on the issues.
 

Tim Costigan – Co-President
Moore Park Residents’ Association

 
City of Toronto Loses at the Ontario Municipal Board; MPRA Loses at Superior Court Hearing in Their Opposition to Mount Pleasant Cemetery's Proposed Visitation Centre:
Update as of March 18, 2007

What Can You Do? Read On….!!
For a NEW Lawn Sign Call 416-440-1177!
 

What’s been going on?

Although the Community had major wins in September ’06 at both Community Council and City Council as a whole – voting to stop the Visitation Centre and the Tree Destruction/Removal Application Plans, the Ontario Municipal Board (OMB) decided in November to overturn the Municipality’s decision. (The amended plan presented by MPGC at the OMB now includes permission to broadcast funerals from the Visitation Centre – a detail never included in any previous site plans.)

This past January 8th and 9th, the MPRA was represented in a “judicial interpretation,” an action initiated by some local funeral homes, seeking a definition of the G-Zone (green space) by-law. City Council had voted to provide the MPRA with $70,000 of funding to represent our shared position in court. Unfortunately the judge did not find in our favour, deciding the phrase in the by-law, “associated uses,” was vague enough that she could not disallow a building such as a visitation centre.
 

What’s Next? Tree Removal/Destruction/Transplantation of 71 Trees.

MPGC must fulfill some conditions set by the OMB decision – such as soil testing, etc. Upon the completion of these conditions MPGC will apply to the City for building permits. Unfortunately, due to the OMB decision, the City cannot refuse their application. The MPGC will be free to go ahead when they receive their permits.

It has been suggested by residents that they would like to attend the cutting of the 39 trees and register their sadness at this unnecessary tragedy. It is unlikely that MPGC will share their schedule with us, as of course, tree destruction is not a publicly favoured activity. Should you see anybody starting to cut the trees, please alert us. You may phone MPRA members as follows:

Cemetery Committee Chair: Margot Boyd (416) 440-1177 or (416) 871-1417 Cemetery Committee: Chris Thompson (416) 488-8913 or (416) 574-0469, or MPRA Co-President: Cindy Gareau (416) 488-4909

Please inform your friends and neighbours and head to the site immediately to show your lack of support for the tree destruction.
 

Is There Anything Else We Can Do? YES, Absolutely.
 

As a result of the two year struggle and learning experience with MPGC the MPRA has come to the bold decision to ask the Province to update the 136-year old Charter which still governs MPGC today.  

The original issues of importance to MPGC were how to bury indigent people and those with no religious affiliation. The Charter reflects this. Today the issues for “the citizens” for whom the MPGC Trust is to be managed are the preservation of historical treasures, green space and the concept of environmental sustainability. Understandably, none of these concepts held any relevance to those living in the 1800s and are nowhere reflected in the Charter.
 

What Action is Required From You?

The Province needs to hear from you the same way that the City heard from you. Last time you did a record-setting job. Please help us again! Please write/email/phone MPP George Smitherman and Premier Dalton McGuinty.
 

The key messages for your emails, phone calls and letters are:

1)     This issue is broader than the City of Toronto, as Mount Pleasant Cemetery is a national historic treasure.

2)     MPGC is a “public trust” that manages a substantial asset base “in trust for the citizens.” There is a serious accountability issue, as the MPGC Board publicly denied in the National Post, May 11, 2006, any accountability to the public.

3)     MPGC’s 136-year old governing Charter addressed issues of the 1800s, but does not address the important issues of “the citizens” today. A serious disconnect has developed between the priorities of the Board and the priorities of “the citizens.”

4)     Reaffirm the original Trust.

5)     Restore public accountability.

6)     Restore the open process of recruiting MPGC Board Members which has been made private.

7)     Institutionalize a governance mechanism to ensure the preservation of history and the environment.
 

Contact Information:

Please cc president@moorepark.org

Examples of Other Existing Visitation Centres by
Mount Pleasant Group of Cemeteries

 
Photos of existing Visitation Centres in North York, V.C. and Scarborough, ON. Click on the thumbnails for full but a less than scenic view.
(Hit your browser's back button to return.)

EARTH DAY 2006

Despite rain and cold, Moore Park's Earth Day 2006 brought out almost 40 residents and friends. Volunteers cleaned up Moorevale Park, enjoyed a ravine walk led by three experts in local birds, flora and fauna, and celebrated the green space of the ravine and Discovery Walk through Mount Pleasant Cemetery. Many signed the MPRA petition asking the cemetery to forgo its plans of erecting a 24,000 square foot Visitation Centre, with paved parking for 82 cars, where the ravine meets the Discovery Walk in the cemetery.