Greater Napanee hears objections and support for walking trail near Riverside Cemetary, construction to continue

The topic of trail construction at Riverside Cemetery garnered fierce discussion from both the public and those around the horseshoe, as the Town of Greater Napanee Council discussed the topic during a special meeting on Tuesday, Sept. 29.

Speaking on the matter first were Louise McKee and Harold Card.

Among arguments made by McKee was that the application for development of a trail within the cemetery was filed improperly with the Bereavement Association of Ontario. 

The paperwork, McKee claimed, does not accurately convey the town’s intended purposes for the trail.

“Despite requests for disclosure, we’ve received neither full application documents nor official application approval,” said McKee. “We’ve cited multiple amendments to the plans after the time of filing and note that damage control efforts to alter the path away from the Ramsey family plots might now satisfy BAO regulations but have only marginally restored dignity to that family or public trust.”

The trail will be situated 65 to 70 feet away from said plots.

McKee also argued that the trail will encourage “unwanted traffic” to the cemetery, rather than “ensure mourners have a right to peace and privacy.”

Over 80 residents have signed a petition in opposition to this trail, which, McKee argued, should alert the town to the “vehement opposition to the trail on this property.”

Aside from arguing that the proposed recreational uses fall outside allowable uses within a cemetery, and that the town has acted disingenuously, McKee also argued they have paid little credence to alternate routes for the trail.

“Harold and I are acting out of genuine concern and love, and wanting to preserve Riverside Cemetery for its intended purpose,” McKee stated.

Harold Card spoke to request the discussion be conducted openly, “in light of the gravity of the situation.”

Some took issue with this comment, namely councillor Angela Hicks.

“This topic has always been in the public forum, and I take exception to this,” said Hicks. “This topic has never come up on a closed session agenda. There have been multiple public meetings and reports.”

In contrast to the deputation by McKee and Card, resident Robin Lee spoke in favour of the trail.

Lee has experience on the Riverside Cemetery Board, and has family buried there as well.

“For years, we worked hard to recover and preserve the dignity of these spaces, working with the BAO regularly,” said Lee. “I have generations of family buried in Riverside, starting from 1850 onward.”

Lee went on to detail his continued efforts at the cemetery, including cleaning multiple family monuments and conducting genealogical studies.

In his argument, Lee raised the petitioners' claim that creating trails in a cemetery contravenes BAO regulations.

In doing so, he cited several prominent and one regional cemetery that have long included trails. These cemeteries include Cataraqui Cemetery in Kingston, Mount Pleasant in Toronto, Beechwood in Ottawa, and nearby Glenwood Cemetery in Picton.

Secondly, Lee brought up the petitioners’ claim that inclusion of trails in a cemetery violates human rights and freedoms.

“There is no right to grieve in the Charter of Rights and Freedoms or in the Ontario Human Rights Code,” asserted Lee. “The trail would not stop the ability to visit or pray at a gravesite.”

Lee also commented that residents cannot expect absolute privacy on public property, such as a cemetery.

 Importantly, Lee also noted that the town is not required to ask for consent from plot owners to create a trail.

Lee stated that the BAO only requires municipal consent, not that of the plot holders, for altering the cemetery.

Speaking to the Riverside Cemetery and Trail Construction Report was CAO Matthew Grant.

Grant noted that, rather than being conducted in secrecy, the process of approving this trail has been a “long, public process” that included public presentations, reports, and news releases.

Like Lee, Grant pointed to other cemeteries that have successfully included trails on their grounds.

“The cemetery is public property, with permissible activities including, but not limited to, dog walking and jogging included in bylaws approved by the BAO,” said Grant.

The constructed trail is considerably farther from the active cemetery and graves than the existing roadway people are currently using.”

The CAO further asserted that the town went through the appropriate processes to get the trail approved by the BAO.

“Furthermore, we went to the BAO following concerns raised and asked if we did everything required,” Grant said. “They replied that we had.”

Grant also explained that the town has the right to regulate uses that are allowed on the trails of the cemetery, and furthermore that additional opportunities to explore privacy could be explored.

“We take any allegation very seriously,” he added. “I am satisfied that the work of staff has been diligent and by the book.”

Mayor Terry Richardson added that the deputations and comments raised by the public “have not fallen on deaf ears.”

“I know the people who came to speak to council are very passionate. That’s what makes this community great,” he added.

Ultimately, council approved staff’s recommendations within the report. Those include that trail construction be completed at Riverside Cemetery, and that the public be consulted on privacy features that could be considered between the trail and the active cemetery.

Michelle Dorey Forestell, LJI Reporter, Kingstonist