Dear Kathleen
Congratulations on the appointment as Premier of Ontario.
I wish this letter was on a more happy note but I am afraid it is not. What I wish to say involved
the MNR, a gravel pit owner (Crain’s Construction) and the Township of North Frontenac. The
first thing I should also mention is that I am glad to hear the aggregate resource act is continuing
to be reviewed.
The story which was also read by the former Premier McGuinty and with his help the
investigation started. The story is about my dear late wife, who suffered from the actions of
Crain’s Construction and the complacency of the MNR and the Township of North Frontenac.
The MNR who is responsible for the various acts that regulate pits and quarries have done nothing
but deceive and misrepresent the public. As you can see that I said my late wife since she died
shortly after being exposed to dust from an aggregate operation, operated by Crain’s Construction
and licenced by the MNR.
I will try to keep this as short as possible since this story has no end.
In April 2008 my wife and I purchased a home in North Frontenac which unknown to us was
located near a gravel pit. There were no operations that year except in late October when trucks
came in and removed crushed stone that was on the site. This went on for about two weeks, and in
that time my wife and I had asked for a meeting with the Township Planner Brenda Defosse. We
were inquiring as to why the land the gravel pit was located on was zoned residential. We further
wanted the sites appearance brought up to a better standard, since this was devaluating our home.
This home was to be our final resting place for our retirement but as it turned out it was a death
trap. In the time that followed the Ministry was asked by Brenda Defosse about the site since we
had legitimate complaints. Dust from the site was blowing onto our property as well as the sites
appearance was giving us great concern.
Brenda Defosse then notified us about what the Ministry had said and gave us the information to
contact Justin Bryant the MNR officer whom she spoke to. My wife and I sent a letter to Justin
Bryant and asked the question again. In his answer he said that there was no problem with the site.
We asked for site plans and stressed our views about this site. There were no site plans and his
answer was that when they were made available I could get them under the freedom of
information.
We spoke to the ward’s councilmen Bob Olmstead at least three times about this site, he said he
would take it up with the council. We never heard a word from the council concerning our
concerns.
Later when the Township wanted to sell a right of way that would have a direct bearing on our
issues, my wife and I objected and again stated our concerns. We further had stated that we had
issues with the gravel pit owner Wilbur Crane and that those issues had not been dealt with. We
also had stated that the operation would have a direct bearing on our quality of life.
We asked for an environmental assessment. In a phone call from the Mayor at the time Ron
Maguire he stated that our request for an environmental assessment was denied and that there was
nothing they could do.
No one listened to what we had to say and just before April of 2009 Mr. Wilbur Crane himself
came to our home and assured my wife and myself that mitigation measures would be in place.
From the time they started working in this site till they left they did absolutely nothing. No dust
control no care about noise.
When Crain’s started working on the site at the end of April 2009 my wife began choking and
coughing. After two weeks of this I knew there was something wrong. My wife was a beautiful
healthy woman, there was no reason for what was taking place. We went to see her Medical
Practioner in Sharbot Lake where they had tests done for her. They believed the dust was causing
the respiratory problems she was having.
We informed the Township planner Brenda Defosse of what was taking place but nothing was
done by the Township as Municipal Act requires them to do so. Also on August 06/09 my wife and
I called the Township where we spoke to Tammy McQuigge who was the assistant CAO . We
asked for the by-law officer to come to our home and investigate our complaint. She refused to
send the by-law officer or notify any authority to deal with the situation. From my understanding
there were no other communications from the Township to the MNR concerning what was taking
place. Why I do not know, after my wife’s death the Township has refused to answer any
questions.
In my letter to Premier McGuinty I had asked that the matter be brought before the Attorney
Generals office since this matter involved the MNR. That did not happen and the MNR were
notified thru Minister Jeffery. In the time that followed the MNR did their own investigation, an
investigation which is nothing more than a tactic to do nothing.
An investigation which started with Justin Bryant then transferred to Barry Wilson both of the
MNR. Barry Wilson as far as I know led the investigation. An investigation that was based on the
evidence that I provided.
The evidence supplied by me is listed below.
Communications from the Township of North Frontenac. (E-mails)
An affidavit about Wilbur Cranes Visit to our home and what he said.
A medical letter advising my wife to relocate from her home.
A journal describing her health as time went by.
A photograph of bruising caused by her choking.
Live videos
Photographs
And my testimony
As well as a letter I asked to be read to the court.
All this documentation was handed over to an MNR prosecutor Mr. J. Van De Kleut
On the eve of the set trial date, I received a phone call from the MNR prosecutor Mr. J. Van De
Kleut. In that conversation I was discussing what was admissible in court. Mr. J. Van De Kleut was
interrupted by a phone call. The gravel pit owner just happened to call and arranged a plea bargain
all within in two minutes. In the minutes of the trial now Mr. J. Van De Kleut dismisses all the
evidence and fabricates a new story. The conversation I had was about if I was attending the
hearing and the evidence I was submitting. There was no way that the MNR wanted me to testify .
Since her death I have attended the Aggregate Resources Act review and spoke to the committee
regarding what took place.
Recently I have asked for the compliance reports under the freedom of information acts and have
received documents which the MNR had in their possession. Falsified compliance reports in their
possession stamped by the MNR. Documents that the MNR’s own investigation failed to turn up.
Documents which if the MNR had acted in a responsible manner the gravel pit owner’s licence
would have been suspended or charged as an offence.
The Ministry is negligent in their duties as the issuer of these licences as well as the gravel pit
owner and the Township. Given assurances by Mr. Wilbur Crain directly to my wife and myself
yet nothing was every done.
I watched my wife choke and choke from the dust until her heart gave out. She was a perfectly
happy healthy 65 year old woman who never had a respiratory problem in her life. The dust
contained crystalline silica a listed carcinogen which has grave consequences if inhaled. Because of
the actions of the gravel pit owner not only was my wife’s health put in jeopardy she was also
denied the normal use of her property, and as well depreciated the value of our home.
I am not financially wealthy enough to fight the Governments or the pit owner in the courts and I
have consulted quite a few. The answer given to me is you cannot win when the Government has
unlimited resources namely your tax dollars. The cost to myself would be astronomical and as one
lawyer said he doubts that I would live through it.
I have suffered the most terrible punishment for the MNR to fill its coffers and a gravel pit owner
to line his pockets. He states that quite clearly in the court transcript.
I would like to ask for a public enquiry into this matter since there will be no closure in my life
concerning the events that took place.
In other people’s words this is nothing less than Negligent Homicide in which the MNR the
Townships of North Frontenac are accessories.
The Aggregate Resources Act, the Environmental Protections act, the Municipal act. All ignored or
not enforced.
She suffered from April 2009 till her death in October 2009 after moving from Quebec in 2008.
This Government no longer represents the people but have gone to great lengths to promote and
protect the interests of their stakeholders.
Ken Cressey
Congratulations on the appointment as Premier of Ontario.
I wish this letter was on a more happy note but I am afraid it is not. What I wish to say involved
the MNR, a gravel pit owner (Crain’s Construction) and the Township of North Frontenac. The
first thing I should also mention is that I am glad to hear the aggregate resource act is continuing
to be reviewed.
The story which was also read by the former Premier McGuinty and with his help the
investigation started. The story is about my dear late wife, who suffered from the actions of
Crain’s Construction and the complacency of the MNR and the Township of North Frontenac.
The MNR who is responsible for the various acts that regulate pits and quarries have done nothing
but deceive and misrepresent the public. As you can see that I said my late wife since she died
shortly after being exposed to dust from an aggregate operation, operated by Crain’s Construction
and licenced by the MNR.
I will try to keep this as short as possible since this story has no end.
In April 2008 my wife and I purchased a home in North Frontenac which unknown to us was
located near a gravel pit. There were no operations that year except in late October when trucks
came in and removed crushed stone that was on the site. This went on for about two weeks, and in
that time my wife and I had asked for a meeting with the Township Planner Brenda Defosse. We
were inquiring as to why the land the gravel pit was located on was zoned residential. We further
wanted the sites appearance brought up to a better standard, since this was devaluating our home.
This home was to be our final resting place for our retirement but as it turned out it was a death
trap. In the time that followed the Ministry was asked by Brenda Defosse about the site since we
had legitimate complaints. Dust from the site was blowing onto our property as well as the sites
appearance was giving us great concern.
Brenda Defosse then notified us about what the Ministry had said and gave us the information to
contact Justin Bryant the MNR officer whom she spoke to. My wife and I sent a letter to Justin
Bryant and asked the question again. In his answer he said that there was no problem with the site.
We asked for site plans and stressed our views about this site. There were no site plans and his
answer was that when they were made available I could get them under the freedom of
information.
We spoke to the ward’s councilmen Bob Olmstead at least three times about this site, he said he
would take it up with the council. We never heard a word from the council concerning our
concerns.
Later when the Township wanted to sell a right of way that would have a direct bearing on our
issues, my wife and I objected and again stated our concerns. We further had stated that we had
issues with the gravel pit owner Wilbur Crane and that those issues had not been dealt with. We
also had stated that the operation would have a direct bearing on our quality of life.
We asked for an environmental assessment. In a phone call from the Mayor at the time Ron
Maguire he stated that our request for an environmental assessment was denied and that there was
nothing they could do.
No one listened to what we had to say and just before April of 2009 Mr. Wilbur Crane himself
came to our home and assured my wife and myself that mitigation measures would be in place.
From the time they started working in this site till they left they did absolutely nothing. No dust
control no care about noise.
When Crain’s started working on the site at the end of April 2009 my wife began choking and
coughing. After two weeks of this I knew there was something wrong. My wife was a beautiful
healthy woman, there was no reason for what was taking place. We went to see her Medical
Practioner in Sharbot Lake where they had tests done for her. They believed the dust was causing
the respiratory problems she was having.
We informed the Township planner Brenda Defosse of what was taking place but nothing was
done by the Township as Municipal Act requires them to do so. Also on August 06/09 my wife and
I called the Township where we spoke to Tammy McQuigge who was the assistant CAO . We
asked for the by-law officer to come to our home and investigate our complaint. She refused to
send the by-law officer or notify any authority to deal with the situation. From my understanding
there were no other communications from the Township to the MNR concerning what was taking
place. Why I do not know, after my wife’s death the Township has refused to answer any
questions.
In my letter to Premier McGuinty I had asked that the matter be brought before the Attorney
Generals office since this matter involved the MNR. That did not happen and the MNR were
notified thru Minister Jeffery. In the time that followed the MNR did their own investigation, an
investigation which is nothing more than a tactic to do nothing.
An investigation which started with Justin Bryant then transferred to Barry Wilson both of the
MNR. Barry Wilson as far as I know led the investigation. An investigation that was based on the
evidence that I provided.
The evidence supplied by me is listed below.
Communications from the Township of North Frontenac. (E-mails)
An affidavit about Wilbur Cranes Visit to our home and what he said.
A medical letter advising my wife to relocate from her home.
A journal describing her health as time went by.
A photograph of bruising caused by her choking.
Live videos
Photographs
And my testimony
As well as a letter I asked to be read to the court.
All this documentation was handed over to an MNR prosecutor Mr. J. Van De Kleut
On the eve of the set trial date, I received a phone call from the MNR prosecutor Mr. J. Van De
Kleut. In that conversation I was discussing what was admissible in court. Mr. J. Van De Kleut was
interrupted by a phone call. The gravel pit owner just happened to call and arranged a plea bargain
all within in two minutes. In the minutes of the trial now Mr. J. Van De Kleut dismisses all the
evidence and fabricates a new story. The conversation I had was about if I was attending the
hearing and the evidence I was submitting. There was no way that the MNR wanted me to testify .
Since her death I have attended the Aggregate Resources Act review and spoke to the committee
regarding what took place.
Recently I have asked for the compliance reports under the freedom of information acts and have
received documents which the MNR had in their possession. Falsified compliance reports in their
possession stamped by the MNR. Documents that the MNR’s own investigation failed to turn up.
Documents which if the MNR had acted in a responsible manner the gravel pit owner’s licence
would have been suspended or charged as an offence.
The Ministry is negligent in their duties as the issuer of these licences as well as the gravel pit
owner and the Township. Given assurances by Mr. Wilbur Crain directly to my wife and myself
yet nothing was every done.
I watched my wife choke and choke from the dust until her heart gave out. She was a perfectly
happy healthy 65 year old woman who never had a respiratory problem in her life. The dust
contained crystalline silica a listed carcinogen which has grave consequences if inhaled. Because of
the actions of the gravel pit owner not only was my wife’s health put in jeopardy she was also
denied the normal use of her property, and as well depreciated the value of our home.
I am not financially wealthy enough to fight the Governments or the pit owner in the courts and I
have consulted quite a few. The answer given to me is you cannot win when the Government has
unlimited resources namely your tax dollars. The cost to myself would be astronomical and as one
lawyer said he doubts that I would live through it.
I have suffered the most terrible punishment for the MNR to fill its coffers and a gravel pit owner
to line his pockets. He states that quite clearly in the court transcript.
I would like to ask for a public enquiry into this matter since there will be no closure in my life
concerning the events that took place.
In other people’s words this is nothing less than Negligent Homicide in which the MNR the
Townships of North Frontenac are accessories.
The Aggregate Resources Act, the Environmental Protections act, the Municipal act. All ignored or
not enforced.
She suffered from April 2009 till her death in October 2009 after moving from Quebec in 2008.
This Government no longer represents the people but have gone to great lengths to promote and
protect the interests of their stakeholders.
Ken Cressey
Dear Mr. Ewing
I have received your letter Dated Feb 10, 2014
In response to the letter and my personal views they are only observations
taken from text. I have my own personal views which are the following.
In the time span of just 18 months of returning to Ontario my wife died.
Her death and the conditions that we were put through are if nothing but
outrageous. As a Citizen and a Canadian we are all bound by laws and statues
that we all have to obey. But when Governments and there Ministries fail to
uphold the very fabric of these laws and statues then we have not progressed but
regressed.
The Township of North Frontenac is just as culpable as the Ministry and
Government of Ontario. They also had obligations to protect the citizens of the
community but refused in any capacity to intervene.
As for the Gravel pit owner he had a duty and a responsibility to operate
within the guidelines specified under the acts. Not only was he told about the
noise and dust, he was told more than three times prior to commencing any
operations. In his arrogance he went ahead and ignored the responsibilities and
duties required under the acts. While he the Township and Ministry profited from
his venture we were ignored. The greatest atrocities was the very fact that he
came to our home and assured my wife and I that measures would be taken.
Perhaps if it this had been you, or your family members, or your
counterparts that this happened to, you all would have a greater respect for the
injustice that was done here.
In the five months from the time that it started till it was over, we saw
Medical professionals that were constantly trying to help her. It’s very sad
when you are told you must relocate from your home because of the respiratory
distress she suffered, as well as the loss of use of our property. Her
flowerbeds as beautiful as they were, she couldn't even smell the flowers for
the dust. As for the noise, not a room in the house could stop the sound or
vibration from the equipment, and I had even told that to one of Mr. Cranes
employees.
As for the Courts in my opinion there was no justice served but only the
intervention of the Ministry to protect their stakeholder. The Ministry used the
courts not to punish the owner for his actions as specified under the acts but
circumvented justice with the use of their own prosecutor. The Judge had a right
to hear her side, you denied that right in order to protect your
stakeholder.
If the courts would have been allowed to hear the details of her agony; I
am sure the Judge would have had a different view.
This will be my final letter to the Ministry of Natural Resources but I
want you all to know this, that not one night have I ever slept without having
the nightmares of what occurred I will never find peace while seeing her taking
breaths and holding them as if she was drowning and to see her the last pulse.
This isn't a story this is reality. She was a happy healthy woman prior to this
and I watched as each passing day she got worse. Our bond was unique we couldn't
be apart because of the love we shared. It took one person to take that all away
for just some water and calcium and common sense. The Ministry has achieved its
objective to protect their interests at all costs regardless of the outcome to
innocent people.
You are welcome to share this with all concerned the Premier, Ministers and
all that have corresponded to me. I also will share this with the Prime
Minister, Attorney General and Her Majesty the Queen. My wife’s mother and
grandmother are British born. Jeanine’s grandmother was in the service of her
Majesty at Hampton Court I would like her to see how the Government of Ontario
treats the people where their interests are concerned.
Kenneth H. Cressey
The Late Jeanine Filiatreault Cressey
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