What Happened to Upper Canada's First Public Cemetery?
The Moore Park Residents’ Association (MPRA), after having independently commissioned a legal review of the statutes in an attempt to find a legal justification for the apparent privatization of a public asset, came up with no reason as to why this should be so. The MPRA then asked the Provincial Government: “how did Mount Pleasant Group of Cemeteries suddenly disappear into private hands?”
In response to a letter I wrote on behalf of the MPRA to the Office of the Public Guardian and Trustee (OPGT) of the Attorney General’s Office wrote in October, 2006 that “in our view Mount Pleasant Group is a charitable institution and we will work with it to address this specific concern.” As a Trust, Mount Pleasant Group of Cemeteries must disclose their financials to the OPGT, but has steadfastly refused to do so since being requested to do so in 2006. In the face of Mount Pleasant Group of Cemeteries’ refusal, the OPGTof the Attorney General’s Office has declined to act to enforce the law.
Mount Pleasant Group of Cemeteries also steadfastly denies that they are a Trust in their public communications. In one newspaper article after the next (refer to “media” section), Norris Zucchet, President, CEO and Board member of Mount Pleasant Group of Cemeteries continues to deny that they are a Trust or that they have any accountability to the public. Mount Pleasant Group of Cemeteries has been inconsistent in the description of their corporate status, as in their web information, http://www.visitationcentre.ca/MP_governance.html, they present themselves as a “not-for-profit corporation” yet in marketing documentation for the new Visitation Centre, they present themselves as a “commercial privately owned cemetery.” Why did they advertise themselves as private company rather than the Trust, created and paid for by the people?
The MPRA also pointed out to the Provincial Government that Mount Pleasant Group of Cemeteries has been disregarding the legal statute of 1849 which states how the board of trustees is to be selected: seven members, approved by the public. The board now consists of four people, chosen privately, without any input from the citizens, or "householders," as the legislation states. The current so-called “directors” have not been elected according to law.
On October 22, 2008, after intense pressure by the Moore Park Residents' Association and the threat of exposing the situation in an "open letter" to the Premier in a full page of the Globe and Mail, a meeting was held between representatives of the Ministry of Small Business and Consumer Services (MSBCS) and the people-who-call-themselves Mount Pleasant Group of Cemeteries. In discussing the proceeds of the meeting with a government representative, I was informed that MSBCS had told the Mount Pleasant Group of Cemeteries that they concurred with the position of the Moore Park Residents' Association, that the cemetery board was not properly constituted. MSBCS asked the cemetery board for recommendations as to how they were going to restore transparency and accountability to the public. These recommendations were due in mid-November to the government and were subsequently received by the government towards the end of the month in an email.
The recommendations did not reinstate responsible government. The current improperly-constituted board members did not offer their respective resignations in order to stand for proper election, as per the legal statute, or the instatement of any more properly elected board members (to bring the number up to the required “seven”). No changes were implemented towards meeting the legal statute and the government has done nothing in follow-up to enforce the law.