CENTRAL MANITOULIN—A heated debate erupted around the table during the October 10 Central Manitoulin council meeting over the winter fate of the Wagg’s Woods Trail and Providence Bay boardwalk—but not so much about whether to keep those two popular walking destinations open, but what should be written on the signs.
Council, with the sole exception of Mayor Richard Stephens, opted to keep the trail and boardwalk open, despite staff recommendations for a winter closure of the two sites.
The original motion coming from the Property Committee read, in part: to continue to operate the Wagg’s Woods Trail system seasonally from the long weekend in May to the Thanksgiving Weekend in October and to mark the trail system as closed and unmaintained after the Thanksgiving Weekend in October. A similar motion was presented regarding the boardwalk in Providence Bay.
“I can’t agree with this, the way it’s set up,” said Councillor Brian Mitchell. “I’d like to see an amendment made right away to have ‘closed’ removed from that motion and the words put in that users assume all risk and liability, but to leave that trail open to the public if they so wish to use it.” He also suggested the Wagg’s Woods Trail sign also be marked as ‘unmaintained by the municipality.’ “So, basically, the liability is reduced quite a bit.”
“To shut it down and shut down the boardwalk and expect people to stay in their home for the next five months is just ridiculous—people like to get out and walk,” Councillor Brian Mitchell said. “Those trails are well maintained during the summer, so I don’t see any problems using those same trails because people put spikes on their shoes or boots or whatever and walking sticks.”
“First, I would like to thank staff for the well-researched paper on the pros and cons in keeping our two trails open,” said Councillor Rose Diebolt. “I believe in supporting our staff because they are the front line. My sincere apologies, but I can’t support this motion.”
Councillor Diebolt cited reports from the World Health Organization that indicates 6.7 million Canadians are impacted by mental health issues. “In fact, one in two Canadians has had a mental illness by the time they reach 40 years of age,” she said, pointing to the economic impact estimated at $51 billion each year. “The number one for self-care is regular exercise, just 30 minutes every day.”
As debate continued over the wordage to be put on the signs, it became clear that no councillor voiced an interest in having the trails closed, with debate centred primarily on how to impart the concept that the trails are not maintained in the winter and that users do so at their own risk.
CAO Denise Deforge pointed out to council that, should an accident occur and the town find itself being sued, the fact that council went against the recommendations of staff and their insurance provider would be front and centre in the evidence presented.
Council members suggested the trails are well-maintained and present little danger to users, even during the unmaintained winter months.
“That is council’s decision and that is something staff will accommodate because that’s council’s choice,” said Ms. Deforge. “You set policy, if the policy is that you want that trail open and signed ‘use it your own risk’—that is what staff will do.”
Ms. Deforge reiterated that point, “Council needs to understand that by keeping it open you do run the risk of involving us in a lawsuit if somebody slips and falls breaks a leg. If there’s dead fall and it hurts somebody, that is the risk we are assuming. If council’s wish is to assume that risk, that’s your choice. You set policy but know that staff has given you a recommendation—it’s up to you as to whether you want to follow the staff recommendation —that is council’s choice.”
Councillor Derek Stephens, who although he had sponsored the recommendation from the Property Committee to close the trails, said he had changed his mind upon further reflection. Most of his comment on the debate was to simplify the wording on the signage—but he did point out that disclaimers do nothing to limit the municipality’s liability in the event of a lawsuit.
Councillor Dale Scott noted that, whether the town closed the trails or not, should someone chose to travel the trail in the off-season and gets hurt, the municipality would still be liable.
Some concerns were voiced about volunteers doing work on the trails, especially the boardwalk in Providence Bay where some individuals take it upon themselves to clear the snow—a situation strongly opposed by staff.
A recorded vote was called on the motion, with only Mayor Stephens supporting the staff recommendation and voting against keeping Wagg’s Woods open through the winter months.
The situation was slightly different when it came to the boardwalk in Providence Bay.
“The boardwalk isn’t a recreational trail and it’s not a back country,” said Councillor Dale Scott. “Still, the liability is totally different on the boardwalk; the boardwalk really would be considered a sidewalk.”
The motion to keep the boardwalk open was also passed.
