First Nation and Residents United in Opposition to Development
September 13, 2016 marked Day 1 of a four-week hearing at the Ontario Municipal Board. Donnelly Law represents Curve Lake First Nation and the Friends of the Fraser Wetlands Inc. ("FFW"). Curve Lake First Nation and FFW are united in their opposition to the proposed development on the 200+ hectare property near Burleigh Falls, which is connected to the Teaching Rocks (Petroglyphs Provincial Park), an international sacred site.
A first: the OMB will move on to the Curve Lake First Nation for evidence from Elders and a professor of cultural landscapes/archaeology from Trent University. Donnelly Law successfully argued a motion to move the hearing on-reserve, so those most impacted by the Aboriginal cultural heritage issues can attend and give evidence.
The protection of an Aboriginal cultural heritage landscape and natural is at stake. The OMB will hear from Curve Lake First Nation Elders, ecologists, First Nation botanist, land use planners, a professor of archaeology and others over the 19-day hearing. The Township of North Kawartha is opposed to the application, and will call its land use planner. Read about the issues for the hearing here.
David Donnelly Speaks at Simcoe County Greenbelt Townhall
David Donnelly was invited to speak at a meeting sponsored by the Simcoe County Greenbelt Coalition and AWARE Simcoe, along with Barrie Mayor Jeff Lehman, Liberal Barrie MPP Ann Hoggarth, Conservative MPs John Brassard (Barrie-Innisfil) and Alex Nuttall (Barrie-Springwater-Oro-Medonte), and Oakville Mayor Rob Burton. Lawyer David Donnelly noted that, according to land economists at the provincial Ministry of Municipal and Housing, Ontario has designated enough land to accommodate its projected employment and residential needs until 2041.
“There is no danger of running out of developable land,” Donnelly said. So the logical conclusion is that “we need to protect what we have in a natural cover state.”
Read about the event and discussion here.
Donnelly Law Client Featured in Radio Canada Story
Donnelly Law represents Ms Gillian Evans and Mr. David Toyne, residents of Upper Cold Creek in Vaughan, Ontario. On May 22, 2015, Radio Canada covered Ms Evans and Mr. Toyne's appeal to the Ontario Municipal Board, where they are seeking an appropriate buffer to protect the ongoing operation of their multi-generation family farm from residential development adjacent to the farm. Read about it and watch the video here.
Greenbelting Halifax: One Step Closer to Reality
On November 17, 2014, Halifax Regional Municipality (“HRM”) issued a Request for Proposal (“RFP”) for a qualified firm to “go beyond the conventional parks planning approach” to develop HRM’s Greenbelting and Open Spaces Priorities Plan. Donnelly Law will review the Greenbelting RFP to ensure HRM Staff is ambitious with its plan to protect and connect HRM’s natural heritage, cultural landscapes, open spaces, and agricultural lands. Our HRM Alliance, a group of organizations from the Halifax area, envisions a Greenbelt that establishes a permanent development boundary around Halifax to control sprawl, reduce servicing and infrastructure costs, connect green spaces and provide public access to the coastline. Over the past several years, David Donnelly and Donnelly Law have been supporting the terrific work of Our HRM Alliance and the Halifax Ecology Action Centre (“EAC”) in advocating for the establishment of a Greenbelt for Halifax.
As part of the Greenbelt planning exercise, David Donnelly and Bruce Lourie (President, Ivey Foundation) were invited to deliver the 2011 Carmichael Lecture, the premier civic discussion of policy and urban design for Halifax. David has also presented at Our HRM Alliance workshops, sharing his experience on establishing Ontario’s Greenbelt Plan, which will mark its 10th Anniversary next year.
Private Member’s Bill to Repeal the Niagara Escarpment Planning and Development Act Defeated on Second Reading
On October 21, 2014, MPP Jack MacLaren (Carleton-Mississippi Mills) introduced Bill 32, the Bob Mackie Act¸ 2014, into the Ontario Legislature. The purpose of Bill 32 is to repeal Ontario’s Niagara Escarpment Planning and Development Act (“NEPDA”). The NEPDA was passed in 1973 by the Progressive Conservative government of Premier Bill Davis. The Niagara Escarpment Plan (“NEP”) was approved by Premier Frank Miller’s (Progressive Conservative) Cabinet on June 12, 1985. The NEPDA and NEP “provide for the maintenance of the Niagara Escarpment and land in its vicinity substantially as a natural environment, and to ensure only such development occurs as compatible with that natural environment.” (s. 1, NEPDA) The NEP regulates a range of development, from residential housing to aggregate extraction to recreational uses. Ontario’s Niagara Escarpment is a UNESCO World Biosphere Reserve, significant landform and working countryside recognized as a significant landscape provincially and internationally.
The NEP is subject to a formal review in 2015. The Niagara Escarpment Commission and Ministry of Natural Resources have begun their preparations for the formal review. The 2015 NEP Review will be coordinated with the provincial review of the Greenbelt Plan, Oak Ridges Moraine Conservation Plan and the Growth Plan for the Greater Golden Horseshoe Review.
Bill 32 is named after Mr. Bob Mackie (now deceased), a past governor of the Ontario Landowners Association and president of the Niagara Landowners Association.
On November 6, 2014, MPP MacLaren (Progressive Conservative) moved second reading of Bill 32, Bill Mackie Act, 2014, repeal the Niagara Escarpment Planning and Act Development the Ontario Legislature. Bill 32 was defeated on second reading by a vote of one for and 44 against, including Conservative MPPs.
Escarpment Blues: Legal Battle to Stop a Massive Quarry Continues
David Donnelly comments on the precedent-setting case to be argued tomorrow to ensure the Niagara Escarpment is protected. Read it here: http://environmentaldefence.ca/blog/escarpment-blues-legal-battle-stop-massive-quarry-continues
Internationally Significant Skandatut Site Saved
New Cultural Heritage Landscape Park to Celebrate Nature and First Nations History June 6, 2012
Vaughan, ON – Vaughan City Council voted unanimously last night to accept a deal to save Skandatut, an internationally significant cultural heritage site in the Greenbelt, on the historic Hu
mber River in Vaughan, Ontario.
The 6 acre village site will be transferred to public ownership, and will be buffered from new development by a 2.5 acre park. The site is surrounded by a river valley and conservation land on three sides.
At the council debate, Vaughan Mayor Maurizio Bevilacqua saluted its importance to both residents and members of the Huron-Wendat Nation: “Nature is extremely important to know in all that it teaches us. We cherish Skandatut just as much as you do.
“To all involved on behalf of the city I wish to express my warmest and sincerest gratitude. This moment defines the best of what humanity has to offer—compassion and understanding.”
Assembly of First Nations National Chief Shawn Atleo, political Chief to all of Canada’s 634 Nations, wrote to Premier McGuinty in 2010 calling it “rare” and “internationally significant.”
The site is located on a steep-sided promontory overlooking the Humber River and valley. At its time of occupation in the sixteenth century, it was a large and heavily fortified Huron-Wendat village. Located on the Carrying Place Trail, which was one of Ontario’s oldest and most important lines of trade, diplomacy and communication in the Great Lakes Region. Given its location and size, it was likely the “capital” of southern Ontario.
Despite its iconic history, the site’s fate wasn’t always secure. Less than two years ago, a private landowner was excavating to make way for development. The provincial government had to step in to temporarily preserve the archaeological site.
“This is a great moment for world heritage, to finally have protected this village site that straddled the world of life on the Great Lakes before and after the arrival of Europeans," said Luc Laine, a member of the Huron-Wendat Nation. “When we make the re-burial of our ancestors across the river, Skandatut will be linked again permanently with the ossuary to which it belonged."
Laine thanked the Mayor, Councillor Michael Di Biase, Councillor Deb Schulte and other members of Council for their wisdom and efforts.
When thousands of Huron-Wendat and other First Nations remains—which were illegally excavated—return to the site, the resulting park area will be one of the largest protected and sacred cultural heritage landscapes in Canada.
“Adding Skandatut to the list of the Greenbelt’s protected landscapes is a major accomplishment that will be celebrated long after we’re gone," said Dr. Rick Smith, executive director of Environmental Defence. He noted that adding the site to the Greenbelt has been a Ontario Greenbelt Alliance priority since 2007.
“Preserving Skandatut is a wonderful achievement that highlights the very best about Ontario’s commitment to truly sustainable development and respect for First Nations," said David Donnelly, who began acting for the Huron-Wendat on Skandatut back in 2004.
“For me, there is also a deep sense of relief that we’ve lived up to our reputation as a just society and that we didn’t lose another part of our past. Ontario heritage is more than just bricks and mortar," Donnelly added.