Ombudsman rips Hamilton integrity report on Coun. Ferguson incident

Ombudsman Andre Marin gives report from Hamilton Integrity Commissioner Earl Basse an F

By Samantha Craggs, CBC News Posted: Feb 27, 2015 2:05 PM ET Last Updated: Feb 27, 2015 2:35 PM ET

Ontario's Ombudsman didn't mince words on Friday when he took to Twitter to critique a Hamilton integrity commissioner report stemming from when a councillor pushed a journalist.

Andre Marin said the report from Earl Basse is only useful as an example for how not to write a report.

"If Bill 8 had been in effect, I would have sent #HamOnt IC report back to the drawing board," Marin tweeted. "And not the Grade 3 one it appears it was written on."

Basse issued a report this week saying that Coun. Lloyd Ferguson of Ancaster violated the city's code of conduct when he grabbed Joey Coleman, an independent journalist who live streams city hall meetings. 

At least two councillors were critical of the report, including that Basse didn't interview Coleman before it was issued. They also criticized that the report came nearly a year after the Feb. 26, 2014 incident.

CBC Hamilton is pursuing comment from Basse, whose term expires in June. The city is replacing the position with a joint integrity commissioner/lobbyist registrar and hopes to name the successful candidate in April.

The city pays Basse a $1,500 retainer, and then an hourly fee for his investigations. Basse has two months to investigate but has the option to ask for extensions. 

Here's what Marin had to say: 

​

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Friday was public deadline to comment on gasification plant

The proposed gasification plant would be on a site of leased land on Pier 15 on the Hamilton waterfront. (Courtesy of Port Fuels and Materials Services Inc.)

The city has two months longer to comment on a controversial gasification plant planned for Hamilton's waterfront, but the public doesn't have the same courtesy.

Now city council is asking to change that.

Council voted on Wednesday to ask Port Fuels Materials Services and the Ministry of Environment (MOE) to extend the commenting period for the public too. Originally, the deadline for city and public comment was Friday. Now it's April 28 – but only for the city.

Coun. Matthew Green of Ward 3 prompted council to ask Port Fuels and MOE to extend the deadline for the public too.

"I would love to see an extended opportunity, for all the same reasons we had, for residents to be involved in this conversation," said Green, who moved the motion on Wednesday. He's also working on a motion to oppose the plant at an upcoming board of health meeting.

The community has been vocal so far in the Port Fuels project, which would see an energy-from-waste plant on Pier 15. The plant would convert some 200,000 tonnes of imported waste per year.

The group Trash the Garbage Plant has held protests against the plant, and Green says many of his residents are concerned. Another group in the Keith neighbourhood called the Keith Community Hub has come out in favour of it.

The city needs the extended deadline to get a report back from WSP Consultants, an independent consulting firm it's hired. The firm has already warned that the Gasplasma technology used by the plant is untested on the scale proposed in Hamilton.

The city can ask the MOE for an independent environmental assessment, known as a "bump up." The new deadline to ask for a bump up is April 28 now too — enough time, the city hopes, to get the consultant's report, which will address the need for a bump up.

The Hamilton Port Authority would approve the Port Fuels lease. The city's only real chance to vote against the project would be to vote against a site plan or zoning amendment.

As of this week, Port Fuels still hasn't acknowledged that it needs to comply with city planning rules, said Steve Robichaud, the city's director of planning.

Coun. Chad Collins has predicted that this disagreement will end in a legal standoff.

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Despite new standards, high levels of carcinogens remain in Hamilton air

Hamiltonians are breathing air contaminated by two carcinogenic chemicals at levels significantly higher than the Ministry of Environment's incoming air standards – and it's going to stay that way for years.

These airborne culprits are well known in Hamilton: benzo[a]pyrene and benzene. Both can cause leukemia and other cancers.

'"Since they are science-based, we do acknowledge industries might not be able to meet the standard right away.'- Kate Jordan Ministry of Environment

The fight to reduce their levels in the province's air has been happening for decades, with significant improvements seen since the 1990s. The ministry has set new standards that go into effect in July of 2016 to further lower them – but steelmakers already say those ideal standards are impossible to meet. And the province agrees.

So the ministry has created a second process where it negotiates "site specific" rules for each plant so that steelmakers all over Ontario can still legally put out emissions above the standard, as long as they as they are working toward meeting the new standards. Those special rules will cover emissions until 2020, but even at that date the new standards will not be met.

It's part of a new strategy for air pollution control that mirrors one established in the United States more than a decade ago. But in the meantime, air regulations in the United States have moved on, leaving Ontario well behind American regulators and Hamiltonians breathing dirtier air.

So why has the MOE enacted standards that are impossible to meet, and why are we so far behind the U.S. when it comes to keeping these compounds out of our air?

A 'totally convoluted' set of rules

Ministry spokesperson Kate Jordan told CBC Hamilton the new guidelines were built purely on a "scientific basis" of harm, not by any ability to meet them.

"Since they are science-based, we do acknowledge industries might not be able to meet the standard right away," Jordan said. She was also steadfast that the site specific standards companies like Dofasco and U.S. Steel are under are "temporary measures" until they can meet incoming standards for specific industries.

"They do have to demonstrate continuous improvement," she said.

'People like me have a hard time with this. How is the community going to understand it?'- Lynda Lukasik, executive director of Environment Hamilton.

In the case of ArcelorMittal Dofasco, staying in compliance and getting on the road to the new standards means the company is making $700 million in facility upgrades from 2011 to 2016.

"We just need to have the time to spend the money to achieve what we need," said Jim Stirling, AMD's general manager of environment.

Trying to understand the ministry's new standards and how benzo[a]pyrene and benzene fit in is "totally convoluted," says Lynda Lukasik, the executive director of Environment Hamilton. "People like me have a hard time with this. How is the community going to understand it?" she asked.

Here's the simplified version when it comes to risk to the community. Under the "ideal vision" of the ministry's rules, a person who lives in a neighbourhood near the steel mills in Hamilton's industrial north would have a one in one million chance of developing cancer over 70 years of continuous exposure to benzo[a]pyrene.

Right now, it's actually much closer to a one in 2,500 chance that will happen over a lifetime, Lukasik says ministry sources have told her anecdotally – and it was much worse than that before 2005, she says. People in the north have been living with those high concentrations for years.

Finding the 'acceptable risk'

U.S. Steel spokesperson Trevor Harris says the company has seen reductions of 89 per cent for Benzene and 98 per cent for benzo[a]pyrene in recent years. (John Rieti/CBC)

If all goes well by 2020 under the ministry's new rules, the average benzo[a]pyrene concentration in our air will still equal a greater than one in 10,000 chance that a person will develop cancer after a lifetime of exposure. That's still over 100 times the MOE's ideal standard.

"This is not ideal, but I believe that it represents best available control," ministry air pollution engineer Scott Grant wrote in an email to Lukasik.

On the technical side, the ministry's new annual average air concentration for benzene that will come into effect in 2016 is 0.45 μg/m3. In the areas around Hamilton industries, the ambient concentration has fluctuated in recent years between 1.8 and 4 µg/m3. That's roughly between four and almost nine times greater.

According to the Hamilton Air Monitoring Network, benzene levels at a monitoring station on the beach strip fluctuated wildly last year – from 5.41 μg/m3 in January at the worst, to 0.30 μg/m3 in April at the best. The level was almost always higher than the 0.45 μg/m3 benchmark.

The new ministry standards mirror those of the American EPA, where the "acceptable risk" for carcinogens in their air is approximately one in one million to one in 10,000, which has been achieved in part using a type of technical standards called MACT.

Under the MACT standards, the EPA looks at the emissions levels being achieved by the country's "best-performing" plants (about the top 12 per cent) and then tells the rest of an industry to meet that benchmark.

A slow start

The U.S. introduced those rules in 2003 and amended them in 2006. Ontario is only starting that process now.

"In many respects, they're ahead of us when it comes to addressing emissions," Lukasik said. The province didn't establish any legally enforceable standards for benzo[a]pyrene and benzene until 2011, and they won't be properly phased in until 2016, she says, putting us way behind the U.S. — and even then, Hamilton's steel mills won't be hitting the MOE's one in a million benchmark for carcinogens.

Just before Christmas, the ministry asked for public feedback on proposals to extend site specific pollution standards until 2020 for U.S. Steel and Dofasco. That process closed on Feb. 5.

Under the ministry's new proposal, Ministry spokesperson Jennifer Hall says, steelmakers will be expected to meet the U.S. benchmarks by 2020 — 17 years after they were introduced in the United States.

"As a result of the implementation of the site-specific standard and U.S. rules, the ministry estimates up to a 30 per cent reduction in suspended particulate matter and benzo[a]pyrene and benzene air emissions from the coke batteries within the first couple of years and up to a 40 per cent reduction in these air emissions by 2020," Hall said.

ArcelorMittal Dofasco meets the ministry's current standards under a site-specific delegation, while U.S. Steel is still working through the site-specific standards application process, which was slowed down because of labour disruptions, the company says.

Ideal standards are 'unachievable,' industry leaders say

Dofasco took its number one coke plant out of commission in part due to environmental concerns, Stirling from Dofasco. The company is also pumping $87 million into the restoration of its other coke plants.

Everyone in the industry acknowledges that the MOE's new air standards are "unachievable," he says. "The ministry made no consideration of setting those standards in a way that's technologically or monetarily possible.

'We just need to have the time to spend the money to achieve what we need.'- Jim Stirling, general manager of environment at ArcellorMittal Dofasco

"Even if you built a brand new coke plant in the middle of nowhere, it's technically unachievable."

According to Dofasco and U.S. Steel, both companies are moving towards technical standards based on the best available technology and practices in the industry.

U.S. Steel spokesperson Trevor Harris says the company is doing "everything in its power" to reduce emissions, and have seen reductions of 89 per cent for Benzene and 98 per cent for benzo[a]pyrene in recent years.

And while the MOE "absolutely" has local steelmakers on the road to where the U.S. levels sit, Stirling says, "the road getting there has been a challenge."

"Are we behind? Yes," he said. "But we are getting aligned."

Can you protect both industry and environment?

So why are we lagging? Lukasik says it has to do with a provincial philosophy that prized helping out industry over protecting the environment – something that was especially prevalent pre-2005. "The industrial lobby is strong in this province," she said. "That approach is standard in Ontario."

U.S. Steel worked "cooperatively" with the ministry to develop these new standards, Harris says.

It's not a matter of prizing industry over environment, Stirling says, but trying to find a way to make them work in concert. It isn't possible for companies to just immediately throw hundreds of millions of dollars at equipment upgrades without heading into the red – which could cause businesses to fold and Hamiltonians to be out of work.

Stirling said it is important to keep in mind that Dofasco and U.S. Steel management and employees live and work in the city as well, so they have a vested interest in air quality, too. "And we're of the opinion that our plant is a healthy and safe place to work," Stirling said.

Lukasik says the ministry is trying to push a message that says "look how much better we are now compared to then" instead of admitting how far behind we are compared to the U.S.

 "In the end, those aren't happy words for all of us in this airshed."

adam.carter@cbc.ca | @AdamCarterCBC

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Superintendent of 150 Sanford eyeing exit door

The superintendent of 150 Sanford Ave., the troubled 13-storey apartment building plastered in incomplete work orders from the city and fire department, appears to be eyeing the exit.

Owners of the building from the Toronto-based Tourbillon Facility Inc. were expected to be at the building Friday morning, but no one showed. The management office door remained shut.

On the door, work orders were piling up, one for an insect "infestation" on the sixth floor dated to be completed by Jan. 28, 2015. There was also an old note for a community meeting with councillor Matthew Green, who campaigned on eradicating what he called a 'slumlord' problem in Ward 3.

Contrary to rules from Ontario's Landlord and Tenant Board, the management at 150 Sanford says they will not be giving out rent receipts. (Jeff Green/CBC)

Below that old notice was a note stating that rent receipts would not be given out, a new policy as of Jan. 1 — a policy that contravenes Ontario's Landlord and Tenant Board laws — adding another layer of confusion for residents who say they feel "abandoned."

All of this was in plain sight for a small group of reporters, who were able to walk in the front door of the building, as the lock has been broken for at least a month. It was broken immediately after it was fixed, said Rick Duciaume, who splits superintendent duties with his partner, Isabelle. 

"The tenants broke it the next day," Duciaume said. "They want access to the building… It's been like that for a while now."

2 sides to 150 Sanford, says super

Duciaume said the problems that have created the saga at 150 Sanford have two sides.

Asked why garbage was allowed to pile up in the chute, six stories high, Duciaume said, "it happened because tenants were shoving bed framing down the chute and clogged it."

The heat problems that forced the Red Cross to partially evacuate the building? Tenants who damaged pipes, said Duciaume, which forced them to turn off the boiler system to fix it. When the heat was turned back on, cold spots emerged, exacerbating the problem with more burst pipes.

"I live here too," Duciaume pleaded. "Me and Isabelle have lived here for almost a year now. We've put up with the exact same issues that all the other tenants put-up with. We've had flooding in our apartment, we have to deal with the elevators. We have to deal with the same things. I can tell you that I'm also employed by these people so I also need to be careful what I say."

Still, he refused to say who the building's owners are.

"I'm pretty sure they know (you're looking for them)," Duciaume added.

Asked about rumours around the building that he was planning to move out, Duciaume paused.

"We think we've come to the end of the road. We're not sure yet."

1 elevator working, pest control on site

With insect infestation work orders on the door to an empty management office, a pest control fumigator peered in briefly before heading to the elevator on his own. The front entrance was a revolving door of frustrated tenants more than willing to speak out against the living conditions at the downtown building.

"Frustrated? That's an understatement," said tenant John Aldridge. An accident as a child left him with a reconstructed ankle and "two bad knees." Living on the 10th floor unit means that when both elevators were broken (one is fixed now), he was walking up 10 flights of stairs.

He used a court order to get electrical work done in his unit in January.

"It only took me seven months," Aldridge said. "I'm not going to be forced to move out."

'What do I do?'

Others would love to move out, but that's not as easy as it sounds.

"What do I do?" asked Dan Duncan. "I'm on OW (Ontario Works) so it's kind of hard to up and leave."

He pays $925 for a two bedroom unit. Of the half dozen residents in the building littered with complaints of bed bugs, cockroaches, no heat, cracked windows and holes in the ceiling and walls, not one said they pay less than $795 in rent. One paid nearly $1,200 a month for their unit.

The thought of moving, and coughing up first and last month's rent to leave, appears to weigh down many of the residents who wish to leave.

"I'm saving my pennies. That's what I'm doing," said Duncan.

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A month 'til Around the Bay, and there's room for more runners

Hamilton's Around the Bay road race is a month away.

And for the first time, it may not sell out.

For the full 30-kilometre run, there are still almost 2,000 spots open, said Mike Zajczenko, the race director. 

"This year is the first year where we're probably not going to reach our cap," Zajczenko said.

Zajczenko blamed last year's "brutal winter" for sapping some of the running spirit. In addition to that hangover, a second consecutive harsh winter is a compounding factor. 

"This year's not helping very much either," Zajczenko said.

Temperatures in Hamilton have so cold as to break decades- and century-old records in February. Temperatures in January 2014 were about –4 degrees Celsius colder than average. Environment Canada meteorologist Peter Kimbell said it's hard to tell why Hamilton's winters have been so frigid the last couple of years, conditions tend to be cyclical, he said.

The 30K race has room for 9,000 runners, and the 5K can hold 2,500. There are fewer than 400 spots left in the 5K.

Even after two tough winters, there's no thought of pushing the race date back in future years, Zajczenko said. The race is timed just right for the Hamilton shipping season. 

"This is just a glitch (in weather)," he said. "Hopefully it won't be like last year for the next five years."

Even if the race doesn't sell out, Zajczenko said the Around the Bay institution will be fine. But the race also carries a fundraising element — a goal to raise $475,000. "On the charity end I'm sure less runners is going to mean a little bit of an impact," he said.

CN construction on the rail bridge over Valley Inn Road will detour the Around the Bay Race around the famous hill in March. (Kelly Bennett/CBC)

The infamous hill that makes the race extra-tough won't be part of this year's race, Zajczenko said. CN railroad construction on the bridge over the road last fall threatened to detour the race for its 121st year, and Zajczenko confirmed Friday the runners will skip that hill in favour of the long, gradual climb of Plains Road instead.

He said he recently stopped by the construction on the Valley Inn Road bridge and saw construction crews using a pile-driver on the project. 

"It's a no-go," he said. "Too dangerous."

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Welding sparks fire on cargo ship on Hamilton waterfront

One worker examined for smoke inhalation

CBC News Posted: Feb 26, 2015 5:54 PM ET Last Updated: Feb 26, 2015 5:54 PM ET

A fire started during some welding work on a cargo ship called the Mississagi at the Heddle Marina on Thursday afternoon. About 20 workers were on the ship, working on repairs over the winter. 

Fire crews arrived after 3 p.m. to see heavy black smoke coming from the ship.

The workers had been welding and fire crews believe it ignited some combustibles on the job site, potentially flammable materials like paint, said Hamilton Fire spokesman Claudio Mostacci.

One of the workers was assessed for smoke inhalation but was not taken to the hospital. The fire department's confined spaces team had to be called in to ensure the fire was out inside the ship.

It was a busy afternoon for fire crews. They also spent hours on scene at Homestead Granite and Marble on the Mountain. The front portion of the business partially collapsed due to a fire that broke out around 1 p.m., and fire crews were still on scene at 5 p.m. Thursday.

The building will likely need to be entirely replaced and the extent of the damage at the granite store is about $330,000, Mostacci said.

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Hamilton hospital live tweets Jerry Walczak's heart surgery

Live

The procedure was live Tweeted starting at 6 a.m.

CBC News Posted: Feb 27, 2015 8:37 AM ET Last Updated: Feb 27, 2015 10:27 AM ET

Jerry Walczak will undergo an aortic valve replacement and left atrial appendage occlusion at Hamilton Health Sciences. You can follow the procedure live here on Twitter. (Hamilton Health Sciences)

Jerry Walczak is undergoing heart surgery at Hamilton General Hospital Friday. The hospital began live Tweeting the procedure 6 a.m. Friday.

According to the Hamilton Health Sciences Twitter account Walczak, 59, is one of more than 1800 patients who will have heart surgery at the hospital this year.

Walczak's surgeon, Dr. Richard Whitlock says he has a blocked heart valve and the procedure will require doctors to "cut out his heart valve and sew in a new valve."

Walczak said he hopes the surgery will allow him to live for many more years. "With three daughters which are still relatively young hopefully I will be a grandfather one day... and not a grumpy one because my heart is going to be healthy," he said. "I can take their abuse."

​Here's a video Hamilton Health Sciences produced to introduce Walczak and the procedure he's having done Friday:

Cardiac Live Tweet from Hamilton Health Sciences on Vimeo.

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Police offer $50K for anyone with info on Michael Sullivan's murder

Hamilton police are offering up $50,000 for anyone who can give them a solid lead into the baffling case of who killed Michael Sullivan.

Michael Sullivan, 51, was killed by a truck driver who chased him through the streets of the east end in 2013, police say. (Courtesy Hamilton Police)

The police services board voted Thursday to offer a reward in the death of Sullivan, a father of two with a disability who was killed on his bicycle in 2013.

It's just the latest in a series of high-profile attempts to crack the case. Last year, police and Sullivan's family held an event on Barton Street where Sullivan was killed on July 29, 2013. They invited the media in hopes that the attention would bring a lead.

Police still don't have enough leads, said Chief Glenn De Caire during the board meeting.

"We do believe there are some people in the community who have information," he said.

Here's what police know:

Around 2:30 p.m. at Barton and Lottridge, Sullivan rode his bicycle by some people on the street. He had a brief exchange with them, and they said something to the driver of a black pickup truck. Some information was exchanged that was wrong, De Caire said.

Whatever it was, the driver chased Sullivan down city streets until they reached the rear lot of a restaurant supply store at 927 Barton St. E. The truck hit Sullivan so hard that he flew off his bicycle. He was found unconscious and taken to Hamilton General, where he was taken off life support on Oct. 29, 2013.

Police have the truck – a black Ford F150. But they still don't know who the driver was, since the driver didn't own the truck.

The driver was a man in his 20s or 30s with short hair.

Sullivan, 51, was living with his mom Gail in a house on Spadina Avenue at the time. He worked from home building or fixing things for other people. He rebuilt computers for underprivileged children. He fixed bicycles for people who didn't have them.

Police have been conducting interviews, watching video surveillance and using other methods to answer key questions. One person – the one who gave the wrong information – has been charged with mischief.

Police believe, De Caire's report says, that a reward will bring "new leads, investigative avenues and ultimately, to a successful conclusion."

Anyone with information should call police at 905-546-3843 or Crime Stoppers at 1-800-222-TIPS. 

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Despite new standards, high levels of carcinogens remain in Hamilton air

Hamiltonians are breathing air contaminated by two carcinogenic chemicals at levels significantly higher than the Ministry of Environment's incoming air standards – and it's going to stay that way for years.

These airborne culprits are well known in Hamilton: benzo[a]pyrene and benzene. Both can cause leukemia and other cancers.

'"Since they are science-based, we do acknowledge industries might not be able to meet the standard right away.'- Kate Jordan Ministry of Environment

The fight to reduce their levels in the province's air has been happening for decades, with significant improvements seen since the 1990s. The ministry has set new standards that go into effect in July of 2016 to further lower them – but steelmakers already say those ideal standards are impossible to meet. And the province agrees.

So the ministry has created a second process where it negotiates "site specific" rules for each plant so that steelmakers all over Ontario can still legally put out emissions above the standard, as long as they as they are working toward meeting the new standards. Those special rules will cover emissions until 2020, but even at that date the new standards will not be met.

It's part of a new strategy for air pollution control that mirrors one established in the United States more than a decade ago. But in the meantime, air regulations in the United States have moved on, leaving Ontario well behind American regulators and Hamiltonians breathing dirtier air.

So why has the MOE enacted standards that are impossible to meet, and why are we so far behind the U.S. when it comes to keeping these compounds out of our air?

A 'totally convoluted' set of rules

Ministry spokesperson Kate Jordan told CBC Hamilton the new guidelines were built purely on a "scientific basis" of harm, not by any ability to meet them.

"Since they are science-based, we do acknowledge industries might not be able to meet the standard right away," Jordan said. She was also steadfast that the site specific standards companies like Dofasco and U.S. Steel are under are "temporary measures" until they can meet incoming standards for specific industries.

"They do have to demonstrate continuous improvement," she said.

'People like me have a hard time with this. How is the community going to understand it?'- Lynda Lukasik, executive director of Environment Hamilton.

In the case of ArcelorMittal Dofasco, staying in compliance and getting on the road to the new standards means the company is making $700 million in facility upgrades from 2011 to 2016.

"We just need to have the time to spend the money to achieve what we need," said Jim Stirling, AMD's general manager of environment.

Trying to understand the ministry's new standards and how benzo[a]pyrene and benzene fit in is "totally convoluted," says Lynda Lukasik, the executive director of Environment Hamilton. "People like me have a hard time with this. How is the community going to understand it?" she asked.

Here's the simplified version when it comes to risk to the community. Under the "ideal vision" of the ministry's rules, a person who lives in a neighbourhood near the steel mills in Hamilton's industrial north would have a one in one million chance of developing cancer over 70 years of continuous exposure to benzo[a]pyrene.

Right now, it's actually much closer to a one in 2,500 chance that will happen over a lifetime, Lukasik says ministry sources have told her anecdotally – and it was much worse than that before 2005, she says. People in the north have been living with those high concentrations for years.

Finding the 'acceptable risk'

U.S. Steel spokesperson Trevor Harris says the company has seen reductions of 89 per cent for Benzene and 98 per cent for benzo[a]pyrene in recent years. (John Rieti/CBC)

If all goes well by 2020 under the ministry's new rules, the average benzo[a]pyrene concentration in our air will still equal a greater than one in 10,000 chance that a person will develop cancer after a lifetime of exposure. That's still over 100 times the MOE's ideal standard.

"This is not ideal, but I believe that it represents best available control," ministry air pollution engineer Scott Grant wrote in an email to Lukasik.

On the technical side, the ministry's new annual average air concentration for benzene that will come into effect in 2016 is 0.45 μg/m3. In the areas around Hamilton industries, the ambient concentration has fluctuated in recent years between 1.8 and 4 µg/m3. That's roughly between four and almost nine times greater.

According to the Hamilton Air Monitoring Network, benzene levels at a monitoring station on the beach strip fluctuated wildly last year – from 5.41 μg/m3 in January at the worst, to 0.30 μg/m3 in April at the best. The level was almost always higher than the 0.45 μg/m3 benchmark.

The new ministry standards mirror those of the American EPA, where the "acceptable risk" for carcinogens in their air is approximately one in one million to one in 10,000, which has been achieved in part using a type of technical standards called MACT.

Under the MACT standards, the EPA looks at the emissions levels being achieved by the country's "best-performing" plants (about the top 12 per cent) and then tells the rest of an industry to meet that benchmark.

A slow start

The U.S. introduced those rules in 2003 and amended them in 2006. Ontario is only starting that process now.

"In many respects, they're ahead of us when it comes to addressing emissions," Lukasik said. The province didn't establish any legally enforceable standards for benzo[a]pyrene and benzene until 2011, and they won't be properly phased in until 2016, she says, putting us way behind the U.S. — and even then, Hamilton's steel mills won't be hitting the MOE's one in a million benchmark for carcinogens.

Just before Christmas, the ministry asked for public feedback on proposals to extend site specific pollution standards until 2020 for U.S. Steel and Dofasco. That process closed on Feb. 5.

Under the ministry's new proposal, Ministry spokesperson Jennifer Hall says, steelmakers will be expected to meet the U.S. benchmarks by 2020 — 17 years after they were introduced in the United States.

"As a result of the implementation of the site-specific standard and U.S. rules, the ministry estimates up to a 30 per cent reduction in suspended particulate matter and benzo[a]pyrene and benzene air emissions from the coke batteries within the first couple of years and up to a 40 per cent reduction in these air emissions by 2020," Hall said.

ArcelorMittal Dofasco meets the ministry's current standards under a site-specific delegation, while U.S. Steel is still working through the site-specific standards application process, which was slowed down because of labour disruptions, the company says.

Ideal standards are 'unachievable,' industry leaders say

Dofasco took its number one coke plant out of commission in part due to environmental concerns, Stirling from Dofasco. The company is also pumping $87 million into the restoration of its other coke plants.

Everyone in the industry acknowledges that the MOE's new air standards are "unachievable," he says. "The ministry made no consideration of setting those standards in a way that's technologically or monetarily possible.

'We just need to have the time to spend the money to achieve what we need.'- Jim Stirling, general manager of environment at ArcellorMittal Dofasco

"Even if you built a brand new coke plant in the middle of nowhere, it's technically unachievable."

According to Dofasco and U.S. Steel, both companies are moving towards technical standards based on the best available technology and practices in the industry.

U.S. Steel spokesperson Trevor Harris says the company is doing "everything in its power" to reduce emissions, and have seen reductions of 89 per cent for Benzene and 98 per cent for benzo[a]pyrene in recent years.

And while the MOE "absolutely" has local steelmakers on the road to where the U.S. levels sit, Stirling says, "the road getting there has been a challenge."

"Are we behind? Yes," he said. "But we are getting aligned."

Can you protect both industry and environment?

So why are we lagging? Lukasik says it has to do with a provincial philosophy that prized helping out industry over protecting the environment – something that was especially prevalent pre-2005. "The industrial lobby is strong in this province," she said. "That approach is standard in Ontario."

U.S. Steel worked "cooperatively" with the ministry to develop these new standards, Harris says.

It's not a matter of prizing industry over environment, Stirling says, but trying to find a way to make them work in concert. It isn't possible for companies to just immediately throw hundreds of millions of dollars at equipment upgrades without heading into the red – which could cause businesses to fold and Hamiltonians to be out of work.

Stirling said it is important to keep in mind that Dofasco and U.S. Steel management and employees live and work in the city as well, so they have a vested interest in air quality, too. "And we're of the opinion that our plant is a healthy and safe place to work," Stirling said.

Lukasik says the ministry is trying to push a message that says "look how much better we are now compared to then" instead of admitting how far behind we are compared to the U.S.

 "In the end, those aren't happy words for all of us in this airshed."

adam.carter@cbc.ca | @AdamCarterCBC

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Hamilton-area car thefts tops in Ontario, police launch blitz

You're more likely to have your car broken into or robbed in the Hamilton area than anywhere else in Ontario, Hamilton police say, and so they've have launched a car door locking campaign blitz to curb the problem.

The "lock it or lose it" campaign is a provincial initiative that has been particularly well implemented in Hamilton, says crime prevention coordinator Sgt. Barry Mungar. And it's a necessary one, it would seem – because the area has a car theft problem.

Between 2009 and 2012, stolen vehicle statistics went up by a whopping 114 per cent in just four years. Those rates dropped by 22 per cent in 2013 (the most recently available data year) but that still leaves us with a car theft rate that is 92 per cent higher than it was in 2009.

'It's a billion dollar business. It's a massive industry.'- Crime prevention coordinator Sgt. Barry Mungar

According to Statistics Canada data, the Hamilton and Brantford census metropolitan areas have the two highest rates of motor vehicle theft in Ontario. "It's true, the likelihood of your vehicle being stolen in Hamilton is greater than other cities in Ontario," Mungar said.

Those cars are stolen for a host of different reasons – to be used to commit other crimes, to be broken down in chop shops and used for cheap parts, and sometimes just for joyrides. Some nicked Hamilton cars are even shipped overseas, Mungar says.

"It's a billion dollar business. It's a massive industry," he said.

Robberies from vehicles dropping

Thieves robbing valuables from cars remains a problem too, though those levels have been dropping in recent years. There were 3,212 robberies worth under $5,000 from vehicles in 2013, down from 3,968 in 2009.

Mungar attributes that drop at least in part to the "lock it or lose it" campaign. "There's a lot of value in the campaign," he said.

Here's how it works: each day auxiliary police officers and volunteers go to areas that are often targeted for auto robberies like residential areas, mall parking lots, theatres and underground parking lots.

They peer in car windows and check to see if there are valuables in plain view, as well as checking to see if the doors are locked. Years ago, volunteers would actually pull the handles to see if the doors were unlocked, but they stopped doing that after some complaints.

"Some people were uncomfortable with someone actually touching the vehicle," Mungar said. Now, volunteers just have to eyeball it through the windows. Once they've finished, the auxiliary officer or volunteer leaves a checklist under the wipers telling the driver their car is either safe, or a potential target for thieves.

A 'misguided practice'

But University of Toronto legal expert Peter Rosenthal says the practice could potentially open up legal quandaries if an auxiliary officer or volunteer saw something in a car that led to criminal charges.

"If a policeman sees something [illegal] in plain view, he's allowed to investigate," Rosenthal said. "But if it's part of a problem that includes actively looking around intrusively, that raises some difficult legal questions when it comes to the admissibility of evidence."

Mungar says to his knowledge, no one has found illegal drugs or weapons during the campaign.

Rosenthal also questioned the validity of the campaign as a whole. "Whey are they doing this? Do they have so much free time in an age of tight budgets?" he asked. "It seems to be a misguided practice."

Hamilton police distributed almost 50,000 "lock it or lose it" flyers in 2013, and Mungar says they will likely surpass that number this year.

adam.carter@cbc.ca | AdamCarterCBC

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Hamilton Police 'carding' question persists as Toronto reviews controversial practice

Hamilton Police acknowledge they stop citizens on the street and sometimes keep records of those interactions, even as their counterparts in Toronto have suspended their "carding" practice in the wake of controversy. 

It's not clear whether the Hamilton practice includes recording racial or ethnic identity, the inclusion of which in Toronto have shown the "carding" practice disproportionately affects visible minorities. 

'I worry about if the information of someone being stopped can be used against someone again.'- Rachael Edge, NGEN Youth Centre

Hamilton Police told anti-racism advocates and CBC Hamilton that they stop and ask people on the street for information about where they're going, their name, where they live and in some cases for identification, even in cases where someone is not involved in an investigation or witness to a crime. In some cases, that information is kept in a police database.

Police say the practice allows for "building rapport with our community" through communication. But anti-racism advocates say that is a version of "carding" and fear the practice violates privacy and may disproportionately target visible minorities.

"Information from interactions may become part of the Service's database based on the purpose of the interaction and what information is shared," said Hamilton Police spokeswoman Catherine Martin in an email response to CBC Hamilton.

Response delivered after December protest

According to three Hamilton anti-racism advocates, police Chief Glenn De Caire described the practice used by local police at a meeting with them and other activists last week. The three have interpreted that as confirmation of a local version of "carding."

The meeting was a response to a local Dec. 1 march in the wake of a police shooting in Ferguson, Mo., which organizers called "Black, Brown and Red Lives Matter."

The practice of stopping and asking for identification even when someone is not accused of a crime — and then recording that information on a contact card, or "carding" — has been under fire for years in Toronto, where media reports and a police board-sanctioned study have shown the policy tends to disproportionately impact visible minorities. 

In response to the controversy, Toronto Police Chief Bill Blair suspended the policy in January and is due to submit finalized procedures early next month.

'It's not clear as to why it's being done or pros and cons'

Police can ask people on the street any question they want. But unless the person is driving or biking, under investigation for a crime or suspected of committing another offence, such as being drunk in public, that person is not required to show ID, or answer the questions. 

"Officers respect a citizen's right to not engage," said Martin, as part of the service's response to CBC Hamilton. 

But police should make those requirements clear upfront, the anti-racism advocates say.

'Information from interactions may become part of the Service's database based on the purpose of the interaction and what information is shared.'- Catherine Martin, Hamilton Police Service

Martin said in an email that "when officers are interacting with people, it's about stopping; preventing and solving crime."  

Rachael Edge runs the NGEN Youth Centre downtown and attended last week's meeting. She said the lack of clarity about what the police are doing with the information they collect in pedestrian stops could worsen the lack of trust she's noticed between community members and the police.

"I worry about if the information of someone being stopped can be used against someone again," she said. "If I've been stopped for quote-unquote 'looking suspicious' or whatever and there's nothing that's wrong and I'm free to go, and perhaps next time I'm stopped for another reason and my information, they put it in the system and it comes up, does that make me look incriminating? I don't know."

"It's not clear as to why it's being done or pros and cons," she said.

'An invasion of privacy'

Hamilton Police Service community relations coordinator Sandra Wilson said at a march on Dec. 1 the service will "review, assess, take the time and respond" to the demands made by march organizers. (Kelly Bennett/CBC)

In Hamilton, anti-racism march organizers demanded answers about racial profiling, including policies like stopping to ask for identification on the street and the retention of records in a database. Last week's meeting with De Caire and community relations coordinator Sandra Wilson was the police response to those demands, promised to them at the time of the march. 

"I think the fact that the police keep statistics and information about people who have not been charged, have not been arrested, have not gone to court, is an invasion of privacy," said Ken Stone, a longtime anti-racism activist in Hamilton. 

The discussion comes at a time when Hamilton Police have stepped up their presence in downtown Hamilton and the east end, deploying brightly dressed teams of officers on foot and on bikes called ACTION, or Addressing Crime Trends in Our Neighbourhoods. 

Stone said Hamilton Police, unlike their counterparts in Toronto, do not keep racial details along with the records of interactions. But the absence of those details means it's not possible to use that database to verify or disprove any racial bias in the practice of stopping people on the street, asking for IDs and recording interactions.

'We encourage engagement and cooperation with police'

Martin said the police database is a "relational" database with enhanced search capabilities and that information is put in "as it relates to safety in our city."

Repeated requests from CBC Hamilton for information over the nearly three months since that march in December have yielded responses from the Hamilton Police including: 

• "An Officer may ask for a person's name, address, what they are doing, or where they are going. In some cases the Officer may ask to see identification."

• "An officer may ask to speak with someone for reasons that may not be immediately clear. If a person is not involved in an investigation or is not a witness to a crime, we respect their right to not engage. We encourage engagement and cooperation with police as together we enhance public safety."

• Keeping records of that interaction "depends on the reason for the interaction and the type of interaction. If it is in response to a criminal incident or a potential criminal incident, the information could be documented in the Service's database, at the officer's discretion."

But the police have still not answered many of CBC Hamilton's questions about the discretion or guidelines the officer uses to decide to record someone's information. They have not answered what information is kept, what is done with the information, nor what racial and demographic identifiers are included. Hamilton Police also has not said how many records it has kept in its database.

"If they don't keep ethnic data that it means we'll never be able to track the ratchet effect of racial profiling," said Reuben Abib, a Hamilton-based activist with the Black Action Defence Committee.

Abib said he hopes for clarity from Hamilton Police about the use of policies like carding and the retention of information, in hopes it will "save our youth and save our people from Charter infringement." 

'I'm trying to decrease the fear from both sides'

Attendees carried homemade signs on Dec. 1's "Black, Brown and Red Lives Matter" march through downtown Hamilton. (Kelly Bennett/CBC)

The youth centre Edge runs provides meals, homework help and recreation programs for young people aged 13 to 24. She attended the meeting last week in hopes of inspiring more trust between police and young people in Hamilton. 

"I'm trying to decrease the fear from both sides," Edge said.

Police said after the meeting last week they "will continue the dialogue." They said they see this discussion as "an opportunity to increase our cultural competency as well as ensuring our commitment to healthy community discourse."

kelly.bennett@cbc.ca

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Hamilton doctor, Sahab Jamshidi, arrested in St. Lucia after boy dies

Terrel Joshua Elibox of Augier, Vieux Fort, in St. Lucia was found dead after he fell into the ocean while being carried by a kite-surfer. (St. Lucia Police)

Sahab Jamshidi, a Canadian physician from Hamilton apparently on holiday in the Caribbean island of St. Lucia, has been arrested after the drowning death of a four-year-old boy, according to local police.

Jamshidi was kite-surfing at Bois Shadon Beach in the town of Vieux Fort when he took Terrel Joshua Elibos, a boy from the town, out in the water, say police.

The boy fell into the water and drowned around 2 p.m. on Sunday. Police searched for the boy until his body was found at nearby Coconut Bay Beach early Tuesday morning.

A Hamilton fitness studio confirmed Jamshidi taught there, in addition to being a physician in the area.

"I'm very concerned," said the fitness studio manager, who wished not to be named. "He's an absolute angel."

She added that Jamshidi was an "avid kite surfer." When asked if taking a four-year-old kite surfing would be consistent with Jamshidi's personality, she responded, "He's a doctor, so I trust his judgment more than anyone else's."

Jamshidi is not listed with the Ontario College of Physicians and Surgeons of Ontario, but a previous report in the Guelph Mercury describes a person with the same name and age who was a trained doctor in the U.S. and awaiting medical residency in Canada, 

In that story, Jamshidi aided a distressed Guelph man while biking on Hamilton trails.

Police said he had been scheduled to leave the St. Lucia on Thursday of this week.

No charges have been laid, but Jamshidi remains in police custody and is co-operating with the investigation.

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Tobogganing will soon be legal in Hamilton

Tobogganing banned in Hamilton 2:20

Tobogganing banned in Hamilton 2:20

Yes, city council says, it may get sued. But Hamilton will soon be a toboggan-free zone no more.

City council voted Wednesday to look into setting up designating tobogganing areas on city property, and other options that will let people sled.

The winter activity is currently banned by a city bylaw right now, with a maximum fine of $2,000, after two large lawsuits from people injured while tobogganing. But councillors agreed that shouldn't stop others from having fun.

'In a perfect world, I would love it if people didn't sue the city.'- Mayor Fred Eisenberger

"You can't take the fun out of winter," said Mayor Fred Eisenberger.

"In a perfect world, I would love it if people didn't sue the city, but we can't stop anyone from suing us for whatever reason. We can't shut down our entire city."

Coun. Terry Whitehead of Ward 8 moved the motion after hearing from residents, some of them children, who learned that there was a bylaw against tobogganing.

He read one from a 10-year-old during the meeting.

"All I asked Santa Claus for Christmas was for a toboggan so I could go sliding," Whitehead read. "I now have the toboggan but my dad says I can't use it in the city of Hamilton. Please, Mr. Whitehead, allow me to use my toboggan."

Other people have been upset by the bylaw too. Earlier this month, a group of tobogganing enthusiasts gathered at Chedoke Golf Course to protest — by tobogganing. Hamilton artist Laura Cole also made a video about the issue.

The anti-tobogganing bylaw dates back to the 1970s, said Coun. Sam Merulla of Ward 4, when someone sued the city after a tobogganing accident.

Then in 2004, a lawyer successfully sued the city for $900,000.

'Please, Mr. Whitehead, allow me to use my toboggan.'- A letter from a 10-year-old boy to Coun. Terry Whitehead

The lawsuits are complicated by the 1 per cent factor. That means if the city is found to be even 1 per cent liable, it can end up paying 100 per cent of the damages because it has the money and the other defendants don't.

Hamilton has joined other municipalities in asking the province to amend the Negligence Act to change the 1 per cent factor.

Staff will report back to a future general issues committee meeting about the feasibility of establishing tobogganing zones.

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Is there a double standard for councillor who grabbed journalist?

It was a damning report that got no discussion by city council on Wednesday — an integrity commissioner report that showed that Coun. Lloyd Ferguson violated the city's code of conduct when he grabbed a journalist.

But at least one city councillor says he worries that there's a double standard when it comes to tolerating that behaviour.

Couns. Scott Duvall and Matthew Green voted against a motion to receive the report, which explained how Ferguson violated protocol when he grabbed Joey Coleman, an independent journalist who live streams meetings at city hall. The report recommended no sanctions.

Duvall, who represents Ward 7, said he has residents who have been suspended from city facilities for such violations.

"We have zero tolerance in our recreation, parks and all of our municipal buildings," Duvall said. "It's not against Coun. Ferguson or Joey Coleman."

It took integrity commissioner Earl Basse nearly a year to report back to council on the Feb. 26, 2014 incident.

It was a late night after a long day of meetings that included a heated debate over a 20-year lease agreement with the Hamilton Tiger-Cats for the new Tim Horton's Field stadium. Ferguson was against the agreement, which passed 9-7.

Ferguson was having a private discussion with a staff member when Coleman approached them with his camera equipment. Coleman, who was not interviewed for the report, has said that his camera was off.

Ferguson thought he was trying to eavesdrop, the report said. He "grabbed Mr. Coleman by the arm and physically propelled him approximately three feet away, at which time Mr. Coleman vociferously expressed his displeasure."

Ferguson apologized privately and publicly the next day. It was up to Basse whether sanctions were imposed.

As for whether there's a double standard for staff or residents, Ferguson said he has no control over the commissioner's findings.

"We delegated this to the integrity commissioner and we can't interfere," he said. "It's a delegated responsibility."

Coleman wouldn't comment on the incident.

Green said given that the commissioner didn't interview everyone involved, "I viewed that report as being wholly incomplete."

Basse explained that the report took so long because of serious health concerns. His contract ends in June.

The city is interviewing for a new combined integrity commissioner/lobbyist registrar. It's conducting interviews this week and next week and expects to hire someone in April, Ferguson said.

Ferguson chaired the accountability and transparency subcommittee that oversaw the creation of the new role. He also chairs the Hamilton police services board. 

Basse also found that Coun. Maria Pearson of Ward 10 shouldn't have used an informal survey to get opinions from community members on a proposal at 2 Oceanic Dr., but that she was acting in good faith when she did so.

Pearson called more than 40 residents to inform them that an application to construct 10 maisonettes had been changed to six townhouses, and to get their opinions. Basse interviewed more than 40 residents during the investigation.

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'Carding' in Hamilton: Daystarter Wednesday

Hamilton Police have admitted they stop citizens who are not charged with any crime and record that information — but how much of that interaction, including race, is recorded, is not yet clear. The practice, known as "carding," has come under fire in Toronto. Police there have suspended the practice. Read Kelly Bennett's full report here.

There are no delays on Toronto-bound GO Transit trains from Hamilton and Aldershot this morning. 

Here's what's being reported on the roads:

• A two-vehicle crash on the westbound 403 at Winston Churchill is blocking the middle lanes. 8:15 a.m.

Today's forecast calls for a cold day with a high of -10 C, with a wind chill that is making morning commuters bundle up to what feels like -23 C.

There will be periods of snow all day, with the chance of precipitation marked at 60 per cent. You'll want to stay indoors tonight — the temperature could reach a low of -24 C Thursday night.

Today's photo is a bit of a #TBT (Throwback Thursday):

It looks like carding and it sounds like carding — while Toronto Police suspends the controversial "carding" practice of stopping citizens and recording information about that person, Hamilton Police admit they are doing it too.

A Hamilton man is being held in St. Lucia over the drowning of a local boy. Police alleged he took the four-year-old kite surfing. He has not been charged.

Hamilton city council said, regardless of whether it gets sued or not, tobogganing will soon be legal on city slopes.

One city councilor says he feels that there is a double standard for councillors, in the wake of the integrity commissioner's findings that Ancaster Coun. Lloyd Ferguson violated the city's code of conduct when he grabbed a blogger after a long day of contentious meetings.

Love that Mark Ronson and Bruno Mars track Uptown Funk? This cover, from a group of senior citizens, is great.

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Woman mugged as she walks her dog in Beemer Park

CBC News Posted: Feb 24, 2015 2:09 PM ET Last Updated: Feb 24, 2015 2:09 PM ET

Police are asking for the public's help to identify two teenagers suspected of mugging a woman who was walking her dog in Beemer Park.

The 38-year-old woman was walking in the park at 68 Victoria Ave. N. around 8:15 pm. On Feb. 23, police say.

Two men approached her. One had a knife and demanded she turn over her valuables. She complied and they ran away.

The woman was not injured.

The suspects are described as follows:

• White male, 16 to 19-years-old, with short dirty blond hair.
• White male, 16 to 19-year-old, wearing black clothing.

Anyone with information should call Det. Tomasz Majewski at 905-546-3821 or Crime Stoppers at 1-800-222-TIPS.

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Caught on video: Hamilton Taxi driver robbed at knifepoint

Police have released an eight-minute video of a Hamilton taxi cab robbery in the hopes of finding two people suspected of robbing the driver at knifepoint this week.

It's the second such robbery this month, and the second to be captured by in-car surveillance cameras.

The driver picked up a man and a woman around Barton Street and James Street North at 5 a.m. on Monday. They asked for a ride to Augusta and Young Streets.

Police are looking for a man and a woman, both about 35 years old. (Hamilton Police Services)

When they got to Augusta and Walnut Street South, the male passenger told the driver to stop the car. When he did, the man put a knife against the driver's neck.

The driver grabbed the knife and pushed it away, then got out of the taxi and ran away. The man and woman also got out of the cab and ran south along Walnut Street, then west along Young Street.

The culprits stole cash, a debit terminal and a bag full of the victim's personal items. The victim suffered minor cuts to his hands.

Police are already investigating the robbery of a Hamilton cab driver earlier this month. Three women pulled a knife and a hammer on the driver. Police also released video of that robbery.

A taxi driver also suffered a slashed hand in early February after a brawl with three teenagers. In January, a Hamilton woman was charged after throwing vomit at a cab driver.

The suspects in this incident are described as follows:

• A white man about 35 years old, 5'10", 150 pounds with a medium build and a black jacket.
• A white woman about 35 years old, 5'5", 170 pounds with a heavy build and wearing a black jacket.

Police have released video and gallery of images of the robbery. Anyone with information should contact Det. Ben Licop or Det. Matthew Fletcher at 905-546-3817 or Crime Stoppers at 1-800-222-TIPS.

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Integrity commisioner: Coun. Ferguson violated code of conduct

Hamilton's integrity commissioner has found that an Ancaster councillor violated the city's code of conduct when he grabbed a journalist after a long day of contentious meetings.

In a report to council, Earl Basse says that Coun. Lloyd Ferguson shouldn't have made physical contact when he grabbed Joey Coleman, an independent journalist who live streams city hall meetings, and moved him about three feet on Feb. 26, 2014. Ferguson said he thought Coleman was trying to eavesdrop on a conversation with another councillor.

Basse said it doesn't matter that Ferguson had a long day of contentious meetings, including a debate over a 20-year lease agreement with the Hamilton Tiger-Cats for the new Tim Horton's Field stadium.

"Ferguson should not have made physical contact with Mr. Coleman and as a result, Coun. Ferguson is in violation of Section 45(a) and (b) of the Code of Conduct," Basse writes in the report, which does not recommend any sanctions.

That's no surprise to Ferguson, who told CBC Hamilton on Tuesday that he knew he violated the code of conduct. That's why he apologized privately and publicly the following day.

"I knew I made a mistake," he said. "Nobody's perfect. I knew it."

"I admitted it the next morning and apologized for it."

The incident happened nearly a year ago after a day of meetings that began at 8:30 a.m. and ended late at night. 

'It was a pretty clear violation of the code of conduct.'- Matt Jelly

Ferguson had been in a heated in-camera debate about a lease agreement for the Hamilton Ticats. Security tape footage shows that Ferguson was having a private discussion with a staff member over the agreement when Coleman approached them, Basse's report says.

Coleman told media at the time that he was standing about three metres from Coun. Brad Clark and a staff manager with his tripod and camera when Ferguson walked in front of him and told either the staff member or Clark "I need to talk to you about something."

Ferguson believed Coleman was eavesdropping, the report says, and that he was trying to record a private conversation. Coleman says his equipment was turned off.

Two complaints filed

"Coun. Ferguson explained that he asked Mr. Coleman to move and when Mr. Coleman did not move away, Coun. Ferguson grabbed Mr. Coleman by the arm and physically propelled him approximately three feet away, at which time Mr. Coleman vociferously expressed his displeasure to Coun. Ferguson physically moving him," the report says.

Ferguson apologized to Coleman in his office the next day, the report says, and again in open session at council. Coleman accepted the apology. 

'There's nothing I didn't know in there.'- Coun. Lloyd Ferguson

Two complaints were filed against Ferguson — one on May 27 and one on May 29.

It took Basse so long to complete the inquiry, his report says, because of "personal medical issues."

Matt Jelly, a community activist, was one of the complainants. He didn't even know there was another, he said. He wishes the report had happened faster.

One year later

This process, he said, seems to show that taking any investigations into councillors violating the code of conduct will take a year.

Having said that, "I agree with the findings of the report," he said. "It was a pretty clear violation of the code of conduct."

Ferguson agrees that it was too.

'It's been a long, drawn-out haul.'- Coun. Maria Pearson

"There's nothing I didn't know in there," he said.

Basse also found that Coun. Maria Pearson of Ward 10 shouldn't have used an informal survey to get opinions from community members on a proposal at 2 Oceanic Dr., but that she was acting in good faith when she did so.

Pearson called more than 40 residents to inform them that an application to construct 10 maisonettes had been changed to six townhouses, and to get their opinions. Basse interviewed more than 40 residents during the investigation.

Pearson said she's glad it's over. 

"It's been a long, drawn-out haul," she said. 

"You learn from that and you move on. It's a learning process."

City council will discuss the reports at its meeting Wednesday. However, it would typically be up to Basse, who did the investigations, to recommend any sanctions, said city spokesperson Mike Kirkopoulos.

Ferguson said he's pleased that none were recommended for him.

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Tim Bosma trial delayed to next January

The trial for Dellen Millard, 29, and Mark Smich, 27, accused of killing Tim Bosma after showing up at his house in 2013 to test drive a vehicle he was selling online, will be delayed until early 2016.

On Monday, the parties involved in the first degree murder case met for a pre-trial hearing behind closed doors with Judge Stephen Glithero. The judge made an unusual move to allow neither the media nor members of the public in to the courtroom.

More closed-door pre-trial hearings are scheduled for April 30 and May 1. The trial was scheduled to begin in September, but after this week's meeting the trial has been postponed to January 11, 2016, said Brendan Crawley, a spokesman for the Ministry of the Attorney General.

Crawley would not comment on what was raised in the closed-door session Monday. 

Bosma was last seen on May 6, 2013 when he left to take two men for a test drive in a truck he was trying to sell online. Bosma's charred remains were found on Millard's Waterloo farm.

Millard, who comes from an aviation family, is also charged in the first-degree murder in the death of his father, Wayne Millard. The elder Millard died in November 2012 and his death was initially ruled a suicide.

Millard and Smich are also charged in the death of 23-year-old Laura Babcock, who went missing in the summer of 2012.

Christina Noudga, 22, of Toronto has also been charged with being accessory after the fact in connection to Bosma's slaying.

Millard, Smich and Noudga are all headed straight to trial, skipping a preliminary hearing.

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Bosma trial delayed, QEW fire cleared: Daystarter Wednesday

Here's your Hamilton news, weather, and traffic for Wednesday, Feb. 25.

CBC News Posted: Feb 25, 2015 8:24 AM ET Last Updated: Feb 25, 2015 8:27 AM ET

The judge in the Tim Bosma case has delayed the trial for Dellen Millard, 29, and Mark Smich, 27, to early 2016, after an unusual closed-door pre-trial hearing this week. The trial was scheduled to begin in September. 

There are delays on Toronto-bound GO Transit trains from Hamilton and Aldershot this morning, due to a mechanical problem on an earlier train. 

Here's what's being reported on the roads:

Today's forecast calls for snow flurries this morning then clearing. The winds will lighten up this afternoon, and the high temperature this morning will be –14 C. 

The skies will clear up this evening, before more clouds come bringing light snow overnight. The low will be —18 but it will feel like –25 with the wind chill. 

Today's photo comes from @AmandaLooWho on Instagram:

Hamilton's integrity commissioner has found that Ancaster Coun. Lloyd Ferguson violated the city's code of conduct when he grabbed journalist Joey Coleman after a long day of contentious meetings.

Police released a video of two suspects who robbed a Hamilton taxi driver at knifepoint this week.

A woman was mugged while walking her dog in Beemer Park this week. 

And you weren't making it up: Hamilton broke a 134-year cold temperature record yesterday.

It's hard to believe how many ways this guy knows to not let his feet touch the ground. Watch until at least the limbo midway through: 

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16-year-old exposes himself on bus then smashes window to escape: police

Onlookers held teen down until officers arrived, police say

CBC News Posted: Feb 23, 2015 9:48 AM ET Last Updated: Feb 24, 2015 7:39 AM ET

A Hamilton teenager is in custody after exposing himself to a woman on a city bus and then smashing out a window to try to escape, police say.

It happened on Friday around 2:40 p.m. on an HSR bus in the area of James Street South and Charlton Avenue. That's when a teenager exposed himself to a 39-year-old woman, police say.

Passengers told the driver what happened, and he stopped the bus and called police.

The teen then smashed out a bus window and jumped into the street in an attempt to escape, police say. People who were passing by saw what happened, and held the teen until police could get there.

He was eventually arrested and taken to police headquarters where his bail was opposed. His name can't be released under the youth criminal justice act.

A 16-year-old male has been charged with committing an indecent act and mischief to property under $5,000.

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Tim Bosma trial judge bans public and media from pre-trial hearing

The judge in the case of two men accused of killing Tim Bosma is conducting a series of pre-trial hearings behind closed doors.

Justice Stephen Glithero ruled on Monday that three days of pretrial motions — which are often subject to a publication ban, but usually conducted with public — will be in-camera, with neither the media or members of the public allowed in the courtroom.

Dellen Millard, 29, and Mark Smich, 27, are accused of first degree murder in the death of Tim Bosma of Ancaster. Bosma was last seen on May 6, 2013 when he left to take two men for a test drive in a truck he was trying to sell online. Bosma's charred remains were found on Millard's Waterloo farm.

Millard and Smich appeared in person in the Hamilton court on Monday. Millard wore a grey suit jacket and shoulder-length hair. Smich wore a dark dress shirt with white stripes. Both stared straight ahead.

But the accused and their counsel were the only ones allowed to stay in the sixth-floor courtroom for the session, which started at 3 p.m. and stretched into the early evening hours.

Assistant Crown attorney Tony Leitch wouldn't elaborate on who asked for the session to be in camera, or whether it was disputed.

"The judge has ordered that the matter proceed in camera at this stage," he said.

"This was part of the pretrial motions. I would call it day one of the three days."

Deepak Paradkar, who represents Millard but has not yet been retained for the trial in Superior Court, wouldn't comment on the decision on Monday.

"It's in-camera," he said. "That's the position the judge has taken. I'm not going to go against what the judge says."

Paradkar, who said he is Millard's "expected counsel," wouldn't say whether he challenged Glithero's decision.

"There are some issues that are like that so I don't think it's unusual."

Smich's lawyer, Thomas Dungey, has been retained.

Pretrial motions will continue at 10 a.m. on April 30 and again on May 1.

Millard, who comes from an aviation family, is also charged in the first-degree murder in the death of his father, Wayne Millard. The elder Millard died in November 2012 and his death was initially ruled a suicide.

Millard and Smich, Oakville, are also charged in the death of 23-year-old Laura Babcock, who went missing in the summer of 2012.

Christina Noudga, 22, of Toronto has also been charged with being accessory after the fact in connection to Bosma's slaying.

Millard, Smich and Noudga are all headed straight to trial, skipping a preliminary hearing. The trial for Millard and Smich is expected to begin in September.

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Toronto tunnel: Police say structure posed no threat to Pan Am Games

Toronto police said a mysterious tunnel discovered near a Pan Am Games venue posed no risk to the summer sporting event, but they're still seeking the public's help to find out who made it and why. 

Police held a news conference Tuesday to provide more details about the large tunnel, which was first reported by CBC News Toronto. It was found Jan. 14 near York University's Keele Campus and the Rexall Centre, which will host the tennis events during the Games. 

Several pieces of evidence, including a rosary with a Remembrance Day poppy affixed to it, were recovered from the tunnel.

Deputy Chief Mark Saunders said it's clear whoever built it had some level of expertise. He said for now, there's no evidence suggesting the person who made it had criminal intentions.

"There's no criminal offence for digging a hole," Saunders said.

Saunders, the executive officer for Pan Am Games security, said Pan Am Games fans and athletes were not at risk.

He said there is "robust security" in place for the Games and that the tunnel would have been an "eyesore" that security would have spotted.

"We'll be on top of it," Saunders said. 

The tunnel, marked above with a red circle, is adjacent to the Rexall Centre. (CBC)

​

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Hedley’s Jacob Hoggard named host of Juno Awards

Hedley frontman Jacob Hoggard will pull double duty as host and performer in the 2015 Juno awards in Hamilton next month, organizers announced Tuesday.

Hoggard is also nominated for three Juno awards this year. Hedley has been a mainstay at the awards in the last few years.

"It's an honour to host this prestigious celebration of Canadian music," Hoggard said in a statement. "I'm excited to see some amazing performances, make a bit of a mess backstage, and help hand out some JUNO Awards in the Hammer!"

Hoggard first gained notoriety back in 2004 as a competitor on Canadian Idol. Later that year he formed Hedley with British Columbia musicians Dave Rosin, Chris Crippin, and Tommy MacDonald.

Hedley's self-titled debut album has sold more than more than 200,000 copies since its release in 2005, and the band has followed up with four other records – 2014's Wild Life being the latest.

Hedley has already won two Juno awards: one for pop album of the year for Storms and one for video of the year for Perfect.

"It's been wonderful to watch Jacob grow from an energetic hellion 10 years ago into a gifted songwriter and one of Canada's top frontmen," said Juno head Allan Reid in a statement.

"I can't wait to see what he has in store for us all in Hamilton."

The Juno Awards take place on Sunday, March 15 at FirstOntario Centre.

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Hamilton breaks 134-year-old cold record

It's the kind of cold that seeps into your bones, makes you loathe winter – and breaks century-old records.

Hamilton broke a 134-year-old cold temperature record on Tuesday morning, set way back in 1881.

Tuesday's low was –24.8 C, set around 1 a.m. at the Hamilton airport.

Hamilton broke a cold record set in 1881 when Canada's Prime Minister was Sir John A. Macdonald. It's also the same year Picasso was born and Billy the Kid was shot. (Library and Archives Canada)

The previous record was –23.3 C, which was set at a lower city weather station, said Peter Kimbell, a meteorologist with Environment Canada.

Kimbell says it's difficult to say why Hamilton has been dealing with such frigid weather over the last couple of winters. These things tend to go in cycles, he says.

"For example, 1934 was another cold, cold year," he said. "Some years are just cold."

The cold alert that has been hanging over Hamilton in the last few days has been lifted, but it's still frigid. As of 9 a.m. it was –17 C with a wind chill of –29 C. Tuesday's high is –9 C, but expect some snow.

Kimbell says temperatures will start "climbing back towards normal" by Sunday and Monday, meaning temperatures around the freezing mark.

But don't rejoice too much – more cold temperatures will likely be back in early March, he says.

"I'd expect continuing cold."   

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Hamilton blows away 50-year-old cold record

Hamilton shattered a decades-old cold weather record on Monday, as temperatures plummeted below –23 C with a wind chill of –31 C.

The previous low, set back on this date in 1965, was –17.8 C. Temperatures have been recorded at the Hamilton airport since 1960.

For anyone with some morbid curiosity, the record high on Feb. 23 was 14.3 C set back in 1984.

The city remains under an extreme cold warning as bitterly cold arctic air has yet again swept into southern Ontario on Monday.

"People planning to be outdoors should dress appropriately and exercise caution." Environment Canada said in an alert. "Exposed skin may freeze in as little as 10 minutes."

Wind chills will slowly improve somewhat in the afternoon as temperatures rise for a few hours, Environment Canada says.

But it won't last. Wind chills in many areas will slump back down to near –30 C overnight.

Extreme cold warnings are issued when very cold temperatures or wind chill creates an elevated risk to health such as frostbite and hypothermia.

Here are some tips on how to dress for this frigid weather from Environment Canada:

• Wear appropriate clothing.
• Always wear clothing appropriate for the weather. Synthetic and wool fabrics provide better insulation. Some synthetic fabrics are designed to keep perspiration away from your body which keep you dry and further reduce your risk.
• Dress in layers with a wind resistant outer layer. You can remove layers if you get too warm (before you start sweating) or add a layer if you get cold.
• Wear warm socks, gloves, a hat and scarf in cold weather. Be sure to cover your nose to protect it.
• If you get wet, change into dry clothing as soon as possible. You lose heat faster when you're wet.

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Teen exposes himself on bus before smashing window to escape

Onlookers held teen down until officers arrived, police say

CBC News Posted: Feb 23, 2015 9:48 AM ET Last Updated: Feb 23, 2015 9:48 AM ET

A Hamilton teenager is in custody after exposing himself to a woman on a city bus and then smashing out a window to try to escape, police say.

It happened on Friday around 2:40 p.m. on an HSR bus in the area of James Street South and Charlton Avenue. That's when a teenager exposed himself to a 39-year-old woman, police say.

Passengers told the driver what happened, and he stopped the bus and called police.

The teen then smashed out a bus window and jumped into the street in an attempt to escape, police say. People who were passing by saw what happened, and held the teen until police could get there.

He was eventually arrested and taken to police headquarters where his bail was opposed. His name can't be released under the youth criminal justice act.

A 16-year-old male has been charged with committing an indecent act and mischief to property under $5,000.

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Hamilton's Josh Taylor teaches black history through dance

'Black history is world history' 1:11

'Black history is world history' 1:11

Josh Taylor glides across the studio dance floor, spins then raises his fist to the sky. His new routine is inspired by Martin Luther King and set to a song from the Selma soundtrack — Taylor has been teaching it to local school children during Black History Month.

Before one group performed the routine, Taylor asked each dancer to imagine living in 1965 and heading out to a protest like the historic Selma to Montgomery marches.

He asked them to imagine they already had friends or family who had been beaten, or worse, and that by protesting they to were taking their lives into their own hands.

And the students got it.

"They danced it so well. They just grasped the concept," Taylor told CBC Hamilton, beaming with pride.

The only problem was that only black students came to the class, confirming a "fear" of Taylor's that Black History Month may not be connecting the way it should be.

"You have some students who say 'that's not my history, so I don't need to go there'," he said.

"It defeats the whole purpose of having Black History Month."

Had students from another race showed up, he said he would have given the same speech, letting them bring their own struggles to the routine.

"Social justice is social justice," he said.

Taylor, the winner of this year's Jackie Washington arts award as part of the Rev. John C. Holland Awards, still has plans for the Selma routine. If he can organize enough people he's hoping to do a large-scale version of the dance for the International Day for the Elimination of Racism on March 21. 

Throughout Black History Month, CBC Hamilton is producing a series of portraits of people in the city's black community and asking them what black history month means to them. An audio clip you can listen to using the player above will accompany each photograph.

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Hamilton news, weather, traffic and more: Daystarter Monday

Happy Monday, Hamilton.

We hope you're waltzing into the office this morning as the winner of your office Oscar pool. Did you call Birdman as best picture?

The bombastic comedy, which went into the broadcast with nine nominations, took home four awards including best picture and best director for Mexican filmmaker Alejandro G. Inarritu​. It also won accolades for cinematography and original screenplay.

We also hope you're able to keep warm out there this morning, as the city is under yet another extreme cold warning. In fact, the city broke a decades-old cold record this morning.

Operational issues have cause delays both ways on the Lakeshore West GO Train line this morning. No delays have been reported on bus lines connecting with Hamilton.

Here's what's being reported on the roads:

• Hwy 403 EB to Hwy 6 N. Three vehicles, blocking the centre lane. OPP enroute. Proceed with caution through the area. 8 a.m.
• Hwy 403 EB off ramp to Cawthra Rd. Two vehicles, on the shoulder. OPP enroute. Please slow down approaching the area. 7:55 a.m.
• QEW Toronto bound near Centennial Pkwy Hamilton. Debris- Shovel between centre and right lane. Proceed with caution. 7:37 a.m.

Hamilton shattered a decades-old cold weather record on Monday, as temperatures plummeted below –23 C with a wind chill of –31 C.

The previous low set back on this date at the Hamilton airport since weather records started being kept there in 1960 was –17.8 C set back in 1965.

Today should be mainly sunny with a high of –16 C and a wind chill of –34 C. Things will get even colder overnight as the forecasted low is –23 C with a wind chill of –34 C.

Expect some snow tomorrow with a high of –9 C but yet another frigid wind chill of –30 C.

This shot comes courtesy Jason Nason on Twitter:

Larry Pattison's last-minute pitch to sway the Hamilton public school board to reconsider its decision to shutter Mountain Secondary School includes pushing fellow trustees to consider the full impact of lumping special needs students into large-scale schools. "Full inclusion isn't going to work for all students," Pattison said.

It's why Pattison's motion, which will go to the Hamilton Wentworth District School Board (HWDSB) Monday night, is asking the board to reverse its May 2013 decision to shutter Mountain.

And in case you missed it over the weekend, as part of Black History Month, CBC Hamilton asked two black Hamilton musicians from two very different backgrounds to explain why black music is important, in their own words.

Watch these videos to hear blues great Harrison Kennedy and up and coming R&B singer Kojo "Easy" Damptey explain just what compels them to play.

This bucket of water prank totally, totally backfires.

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Stoney Creek rollover seriously injures driver

Police searching for witnesses

CBC News Posted: Feb 23, 2015 9:12 AM ET Last Updated: Feb 23, 2015 9:12 AM ET

Hamilton police are trying to figure out what caused a vehicle rollover in Stoney Creek early Sunday morning that sent the driver to hospital and injured his two passengers.

It happened around 4:47 a.m., police say, when police were called to Fruitland Road and the CN railroad overpass between South Service Road and Barton Street East.

A man was driving south on Fruitland Road when he lost control of the vehicle, left the road, hit a streetlight and rolled over.

The driver ended up with serious but non-life threatening injuries, and his two passengers also received minor injuries.

Police are now investigating, and are asking any witnesses who haven't talked to police to call the collision reconstruction unit at 905-546-4755.

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Toronto drivers urged to slow down amid messy conditions

Police are advising drivers to slow down as Saturday's snowfall has caused dozens of accidents throughout the Greater Toronto Area, including a six-vehicle collision in Burlington.

The crash at 9:43 a.m. Saturday included a Safeway coach bus carrying 27 people and a Jeep Cherokee SUV, which collided at the QEW just before the base of the Burlington Skyway Bridge.

Ontario Provincial Police said the bus driver, a 40-year-old Brampton woman, received non-life threatening injuries and was taken by ambulance to hospital. All the passengers were OK.

A 45-year old man driving the Jeep and a 45-year old woman riding with him, both from Grand Valley, Ont., were taken by ambulance to a Hamilton hospital with injuries later determined to be non-life threatening.

This vehicle flipped over on the Millwood bridge at Millwood Road and Overlea Boulevard in Saturday's snowy conditions. Police dealt with dozens of accidents across the GTA, most of them single-vehicle collisions. (Alan Habbick/CBC)

​

The other four vehicles sustained minor damage with no injuries to the people inside.

The Fort Erie-bound lanes were reduced to one lane while the collision was investigated and were re-opened at 12:35 p.m.

Police said the crash happened on compacted snow.

The majority of calls to the OPP have been for single-vehicle collisions, such as cars sliding into ditches and into guard rails. 

Peel Regional Police said early Saturday evening that they had responded to 161 collisions throughout the day.

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Hamilton's Muslim community's efforts praised at anti-terrorism summit

C-51 and preventing radicalization 4:08

C-51 and preventing radicalization 4:08

Political panel, Feb 20: Opposition to, and support for, Bill C-51 12:33

Political panel, Feb 20: Opposition to, and support for, Bill C-51 12:33

In touting Canada's anti-terrorism act, Bill C-51, to a counter-terrorism summit hosted by the White House, Hamilton found itself in the spotlight for all the right reasons.

Federal Public Safety Minister Steven Blaney boasted about Hamilton Muslim community's active grassroots outreach approach to counteract radicalization of current and converting Muslims in remarks made in Washington, D.C.

While the pat on the back was a welcome one for Hamilton's Muslim community, it also came at a time where the minister was introducing promoting legislation that could wipe out years of community work with one visit from  Canadian Security Intelligence Service (CSIS) operatives, says Hussein Hamdani, one of the founding members of the Canadian government's cross-cultural roundtable on national security.

'The reality is we are not going to be able to arrest our way out of this situation'- Kamran Bhatti

Minister Blaney's office confirmed Hamilton was the subject of praise at this past week's summit, but not his exact comments. His office declined an interview request.

However Hamdani and Kamran Bhatti, a fellow member of the Muslim Association of Hamilton who work with the community on a voluntary basis, spoke with CBC Hamilton about the public praise, and Bill C-51, which, among many things, would bring sweeping new powers to Canada's spy agency, allowing agents to approach parents and community members to intervene on would-be extremists.

Below is a question and answer with Hamdani and Bhatti, edited for length.

When you heard Hamilton had been mentioned in Minister Blaney's remarks in Washington, how did you respond?

Hussein Hamdani: I thought it was fantastic because, to be honest, Hamilton has been a pioneer to some of these unique outreach events in Canada. If people knew that some of the outreach is now being praised across the world, it was some of the things Canada is doing with the Muslim community, it all sort of had the pilot project, sort of the test guinea pig round was in Hamilton. And now this is what they're rolling out across the country.

The praise was presented beside a new anti-terrorism bill that could have a significant impact on your work. How does that change  how you feel about the praise?

Kamran Bhatti: The ministry is touting this anti-terrorism bill, and has thrown in this slice of positivity. The hope that I would have is that Canadians would see that work has been done on the ground for years before this anti-terror bill has even been presented. The reality on the ground for taxpayers in Canada is that it is cheaper to invest in communities and outreach programs than it is to try and battle a war or even within the country to have greater security forces or investing in arrests.

The reality is we are not going to be able to arrest our way out of this situation. Partnerships and buy-ins at the community level are the only way that as a whole, Canada and Canadians are going to be able to overcome the issue of violent extremism in this country.

Could one mistaken CSIS visit or arrest undo years of grassroots efforts?

HH: We tell CSIS people all the time, be very careful how you interact with someone. Just one negative incident will put us back.

KB: Giving CSIS more ability and more power to prevent a terrorist attack in Canada or abroad is not the problem. That, I think, is positive. What we would like to see happen is that oversight. Oversight to make sure that what they're doing is in accordance with laws, with civil liberties, with the rights of Canadians. The reality is that all of us… All have the same vested interest to keep Canada safe.

That safety needs to be coupled with the respect of civil liberties and the human and Canadian rights that we all have here.

Is the current oversight of CSIS sufficient?

HH: Oversight is absolute essential. It's only logical that the oversight be commiserated with the increase in powers. If you look at SIRC (Security Intelligence Review Committee), it's supposed to to be five individuals. It's not even five right now, it's three. The head of it is Deborah Grey, a former Reform Party member and a former (Stephen) Harper colleague. The second person is currently arrested in a (Panamanian) jail for corruption charges, Arthur Porter.

SIRC can't be made a joke. Yes, if you want to get CSIS more powers, then make the oversight commiserate with the new powers and make the oversight objective, neutral and with some teeth. Then you're going to get the confidence of the Canadian people… It has no bit, it's very government friendly and one of the members are in foreign jails at the moment

(Note: The committee of three does include Grey, but no longer lists Arthur Porter, who is jail in Panama awaiting extradition to Canada for fraud charges that have not been proven in court. Gene McLean and Yves Fortier round out the three-person committee.)

Would you like to add anything?

HH: I do want to end on a positive note… I think Hamilton should be very proud of the work that city does in general and the community does in particular that we are not only pioneers but vanguards of some of these great outreach events that have happened across the country. They've almost all started in Hamilton.

It's caught on and now it's not only in Canada, but I've had the opportunity to present what we're doing in Hamilton in the outreach that we were doing in Baltimore, as well as federal agents in Georgia, and so the Americans are with keen interest looking at what Canadians are doing, and what Canadians are doing started out in Hamilton.

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