Halton Region Passes Unanimous Resolution to Legislate Against SLAPP Suits
In a unanimous 20-0 vote, Halton Region Councillors voted to send a message to Premier Kathleen Wynne, asking that she re-introduce Bill 83, An Act to Amend the Courts of Justice Act and the Statutory Powers Procedure Act in order to protect expression on matters of public interest. The Resolution reads in part: "THEREFORE BE IT RESOLVED THAT the Council of the Regional Municipality of Halton advise the newly elected Premier of the Province of Ontario, the Honourable Kathleen Wynne, and its local members of Provincial Legislative Assembly of its support for the protection of Public Participation Act, 2014 and request that Bill 83 be re-introduced forthwith in the Legislature"
The Resolution was most likely adopted in response to two recent events: Members of the Rural Burlington Greenbelt Coalition (and Donnelly Law clients) were SLAPPed with a $100,000 defamation lawsuit for speaking out against continued dumping of large amounts of fill, contrary to Burlington’s by-laws; and Burlington Council recently also unanimously adopted a Resolution asking Queen’s Park to make anti-SLAPP legislation a priority for the new session.
Read the recent article in the Hamilton Spectator found here.
Halifax Regional Municipality 5-year Regional Plan Approved by Council
For Donnelly Law’s client the Ecology Action Centre (“EAC”), the regional plan’s commitment to a Greenbelt and Public Open Spaces Priorities Plan is considered a major achievement for Halifax. “I feel much more hopeful about the future of this city as we emerge from this process. […] it is great to see planning and a regional plan be taken seriously inside and outside of City Hall” said Mark Butler of the EAC.
Greenbelting – legislation that protects large tracts of land from development– was featured by environmental lawyer David Donnelly and Ivey Foundation President Bruce Lourie in their keynote address at the 13th Annual Carmichael Lecture in Halifax, on March 6th, 2011. Since then, the two have been an integral part of HRM’s RP+5 by providing on-going expertise and advice to the EAC, HRM Alliance, and the Region.
“It was a long time in the works, but we’re very pleased it has passed. We think the plan is significantly strengthened from seven and a half years ago” said Raymond Plourde of the EAC.
While there is still a long way to go in terms of development, the settlement between the Region, City, and stakeholders is a significant step forward. As Mayor Mike Savage put it, “I don’t think you should ever let perfect be the enemy of better. And this is much better”.
David Donnelly, Margaret Atwood and Midhurst Ratepayers’ Association to Premier Wynne: Stop the Midhurst Development
On Sunday June 22, 2014, David Donnelly joined Margaret Atwood and the Midhurst Ratepayers’ Association (“MRA”) in asking Premier Wynne to close the Midhurst development loophole. David spoke at the “Celebration of Rural Living”, along with Margaret Atwood, Shirley Boxen (Food and Water First), and Sandy Buxton (MRA), emceed by Dale Goldhawk. Listen to David’s remarks here.
Midhurst, a small village in the Township of Springwater (north of Barrie), is home to about 3,500 people. In January 2013, the Province added a new provision to the regulation implementing the Places to Grow Act, making room for an additional 25,000 people on prime agricultural land, upstream of the Minesing Wetlands, a Ramsar Wetland of International Importance.
Learn more about the proposed development here.
Ontario Court of Appeal Rejects Appeal, City of Burlington Can Enforce Fill By-law and Protect the Environment
Burlington Airpark Inc. (“Airpark”) is the owner and operator of the Burlington Executive Airport, an aerodrome, located in the City of Burlington within the Protected Countryside Area of the Greenbelt Plan and adjacent to the Niagara Escarpment Plan Area. For over five (5) years, Airpark has been bringing substantial quantities of fill onto their property to build up their runway.
In the spring of 2013, the City of Burlington issued an order to Airpark to comply with fill by-law 6-2003. The City of Burlington by-law 6-2003 states:
"No person shall place or dump fill on or alter the grade of any lands in the City without having first obtained a Site Alteration Permit. A person applying for a Permit must certify that the fill contains no contaminants within the meaning of the Environmental Protection Act. An applicant for a permit must submit a Control Plan, certified by an Ontario professional engineer. The City may also require random testing of any fill before it is placed on the site or removed on it."
The City of Burlington had concerns with the amount of fill deposited, adverse drainage effects from the imposition of gradient and slope changes, and possibility for contamination by pollutants entering area groundwater.
Airpark refused to comply with City of Burlington by-law 6-2003 arguing that they fell under federal jurisdiction and thus were not obligated to comply with municipal by-laws.
In the fall of 2013 the City of Burlington filed an application with the Ontario Superior Court of Justice requesting:
a)An order determining Burlington’s rights under the Municipal Act 2001, SO 2001c. and the Constitution act, 1867 to enforce by-laws relating to fill operations at an aerodrome operated by the respondent;
b)A declaration that Burlington’s by-law 6-2003 is valid and binding upon the respondent in respect to its activities at the airport; and
c)An order requiring the respondent to comply with the by-law forthwith.
The Ontario Superior Court held that municipal by-laws regarding fill do not intrude onto Parliament’s core jurisdiction over aeronautics and are thus applicable. In Justice Murray’s November 13, 2013 decision he states at paragraph 19:
"There is little doubt that the runway construction must comply with the federal specifications relating to slopes, surfaces of runways, runway shoulders and the slopes and strength or runway shoulders. However, requiring Airpark to use clean fill regulated by the municipality for the benefit of other residents in the municipality will not be permanently reflected in the structure of the finished product in the sense meant by Justice Beetz. The by-law is not an attempt by the municipality to regulate slopes or surfaces of runways, runway shoulders or the slopes and strength of runway shoulders. While regulating the quality of fill may have an impact on the manner of carrying out a decision to build airport facilities in accordance with federal specifications, such regulations will not have any direct effect upon the operational qualities or suitability of the finished product which will be used for purposes of aeronautics."
On June 11, 2014 the Superior Court of Justice heard argument regarding the appeal from Burlington Airpark Inc. of the decision of Justice Murray of the Superior Court of Justice. Donnelly Law attended the hearing.
The Superior Court decision in the Burlington Airpark Inc. matter was rendered on November 13, 2013 by Justice Murray. In his decision, Justice Murray states that compliance with the Burlington by-law will not impair federal aeronautics power or create an operational conflict between the provisions of the by-laws and federal aeronautics power. The appeal raised the question whether the City of Burlington fill by-law is a significant and serious intrusion into Parliament’s core jurisdiction over aeronautics.
Burlington Airpark Inc.’s lawyer, Mr. Peter Wells, presented his case addressing the following main points:
1.Justice Murray failed to properly apply inter-jurisdictional immunity;
2.Making the City of Burlington By-law applicable to the Airpark would effectively prevent or control the airport construction which is outside of the jurisdiction of the municipality.
Mr. Wells then argued a motion for leave to adduce additional evidence. This evidence was deemed to be irrelevant to the issue before the Court and was dismissed.
Once Mr. Wells completed his submission to the Court, the court recessed for 10 minutes. Upon returning, Counsel for the City of Burlington, Mr. Ian Blue, was informed that the Court did not need to hear oral submission from him but merely wanted to ask him one question. Justice Simmons asked Mr. Blue what the intention of the by-law was. Mr. Blue answered that the intention of the City of Burlington has always been the monitoring of fill on the site with respect to contamination. The City of Burlington has not nor is it interested in regulating the slopes grade or other aspects of the construction of the Airpark runway.
The Court recessed for another 10 minutes and returned with its final decision. The decision was rendered orally by Justice McPherson who first thanked counsel for their helpful and well written facta. Justice McPherson rendered an oral decision stating that the Court did not agree with Mr. Well’s argument and would uphold the decision of Justice Murray dismissing the appeal.
Anishnawbe Health Toronto: Report reveals large number of Aboriginal Torontonians die prematurely
Anishnawbe Health Toronto (“AHT”) has released a watershed study, Early Death Among Members of Toronto’s Aboriginal Community: Walking in Their Shoes. The study shows that a large number of Aboriginal individuals in Toronto are dying prematurely – meaning they are passing away long before would be expected for the non-Aboriginal Torontonian. The study documents AHT’s clinical observations at AHT and three other Aboriginal health and social service centres. The study asks, “How much earlier?” The average person in Toronto has a life expectancy of 75 years. The report found the average Aboriginal person who attended one of the health and social service clinics studied has an average lifespan of 37 years, and 34 years for Aboriginal men or about half the life expectancy of a non-Aboriginal male Torontonian. This report was presented to Toronto City Council several weeks ago. AHT is a community health centre that operates to improve the health and well-being of Aboriginal people in Toronto, providing access to traditional Aboriginal and modern health services. Donnelly Law is proud to be part of the AHT Project Team working on AHT’s new facility in Toronto’s West Don Lands.
On March 31, 2014 the Government of Ontario and AHT announced the transfer of land in the West Don Lands from the Province to AHT to build a dynamic, world-class Aboriginal community health and cultural centres after the Pan Am and Parapan Games. This ends AHT’s long journey, assisted by David Donnelly, to find land for its new facility.
Please find the Government of Ontario’s press release about the land transfer here: http://news.ontario.ca/moi/en/2014/03/supporting-urban-aboriginal-health-culture-and-economic-growth.html
Read more on AHT’s Report here: http://knlive.ctvnews.ca/life-expectancy-for-aboriginal-users-of-community-health-clinics-in-toronto-is-37-report-1.1781398
Significant Changes for Aboriginal Interests in Ontario's Provincial Policy Statement, 2014
On February 24, 2014, the Ontario Government released the Provincial Policy Statement, 2014 (“PPS 2014”), not previously updated since 2005. The PPS 2014 is Ontario’s foundational land use planning policy: all decisions affecting land use planning decisions in Ontario “shall be consistent” with the PPS. Now, for the first time, the PPS includes references to Aboriginal people. This is a watershed inclusion that removes persistent flouting of the constitutional duty to consult with Aboriginal communities in the Planning Act. Donnelly Law had litigated and advocated on behalf of its former client, the Huron-Wendat Nation, for this inclusion regarding two critical issues: notice and consultation with Aboriginal communities, and protection of significant Aboriginal cultural heritage sites.
The key highlight from the PPS 2014 is the Province finally requires consultation with Aboriginal communities in Ontario in section 4.3:
“This Provincial Policy Statement shall be implemented in a manner that is consistent with the recognition and affirmation of existing Aboriginal and treaty rights in section 35 of the Constitution Act, 1982.”
The Planning Act itself does not formally require consultation with Aboriginal communities. This single sentence means that planning authorities and the Ontario Municipal Board will be required as of April 30, 2014 to implement the PPS in a manner consistent with Canada’s Constitution. In other words, there is finally a mandatory requirement to consult and accommodate Aboriginal interests in land use planning decisions. This is consistent with David Donnelly’s (then at Gilberts LLP) submissions to the Province concerning environmental assessment, dating back to the 2003 private prosecution known as Milroy. (Read this decision here.)
The second highlight for Aboriginal rights in the 2014 PPS is section 2.6.5:
“Planning authorities shall consider the interests of Aboriginal communities in conserving cultural heritage and archaeological resources.”
The 2014 PPS adopts Donnelly Law’s 2010 and 2012 key recommendations for consultation with Aboriginal communities and will lead to more sites protected. Donnelly Law made submissions to the Ministry of Municipal Affairs and Housing (“MMAH”) in 2012 that the Province’s draft proposed section 2.6.5 be strengthened from the then merely supportive language of “should consider” to the mandatory “shall consider”. This is a critical change. As reported by Justice Linden in the Report of the Ipperwash Inquiry, approximately 2,000 significant Aboriginal sites were destroyed by development in Southern Ontario between 1951 and 1991. The PPS 2014 should help ensure this unbelievable level of destruction is not repeated.
Other key highlights on Aboriginal Rights in the PPS 2014:
- The PPS 2014 recognizes for the first time the importance of consulting with Aboriginal communities. (See Part IV, Vision for Ontario’s Land Use Planning System: The Province recognizes the importance of consulting with Aboriginal communities on planning matters that may affect their rights and interests.)
- The PPS 2014 supports coordination of planning matters with Aboriginal communities. (See Section 1.2, Coordination: 1.2.2 Planning authorities are encouraged to coordinate planning matters with Aboriginal communities.)
- The PPS 2014 recognizes that built heritage resources and cultural heritage landscapes include Aboriginal resources and landscapes. (See section 6.0, Definition. “Built heritage resource”: Built heritage resource: means a building, structure, monument, installation or any manufactured remnant that contributes to a property’s cultural heritage value or interest as identified by a community, including an Aboriginal community; and “Cultural heritage landscape”: Cultural heritage landscape: means a defined geographical area that may have been modified by human activity and is identified as having cultural heritage value or interest by a community, including an Aboriginal community.)
In the past, municipalities did not have to undertake any Aboriginal consultation because the Province had not “expressly or impliedly” delegated procedural aspects of the duty to consult, beyond the arguably unconstitutional notice provisions in three regulations under the Planning Act. Those regulations require only consultation with Aboriginal communities within one kilometre of a proposed development site – regardless of cultural affiliation. (See s. 5(9)(19) of O. Reg. 545-06.)
David Donnelly and Donnelly Law has been advocating for changes to Ontario’s planning policies and law to recognize Aboriginal interests and rights for over a decade. This work focused two key outcomes, described below.
1. Proper Notice and Consultation
There was no requirement in the Planning Act for consultation with Aboriginal communities, even if land use planning decisions may impact on Aboriginal rights, unless an Aboriginal community lived within one kilometre of the proposed development.
This situation is similar to past environmental assessment policy that was challenged by David Donnelly, then at Gilbert’s LLP, in the Milroy Prosecution. In this private prosecution against Ontario Realty Corporation (“ORC”), the predecessor to Infrastructure Ontario, the Ontario Court of Justice found ORC guilty of failing to conduct a proper environmental assessment before disposing of property with ancestral Wendat sites, since ORC did not consult with Aboriginal people. As a result of this litigation, the Ministry of the Environment changed the procedure on its Municipal Class Environmental Assessments to require consultation with Aboriginal communities. Further, in the proposed Seaton development, the subject lands of the environmental assessment, underwent an extensive consultation processes with impacted First Nations as a result of the Milroy decision.
While policy under the environmental assessment process has changed, until the new 2014 PPS, the Province made no move to incorporate Aboriginal consultation into planning matters. Donnelly Law challenged the constitutionality of Planning Act regulations that only require notice to First Nations within one kilometre of the proposed development project in an appeal of the York Region Official Plan. York Region agreed to and undertook Aboriginal consultation to develop an Archaeological Management Plan and procedure for ensuring notice is received by potentially affected Aboriginal communities, regardless of proximity from a development proposal. (Read our motion materials.)
2. Protection of Significant Aboriginal Cultural Heritage Sites and Landscapes
Thousands of Aboriginal heritage sites have been destroyed in Ontario due to development since the 1950s.
In 2005, David Donnelly represented the Founding First Nations Circle (“FFNC”) at the Ipperwash Inquiry, bringing submissions to Justine Linden for legal reform to protect Aboriginal cultural sites from destruction. The FFNC sought involvement for First Nation descendants to be involved in challenging decisions to remove Aboriginal cultural heritage sites.
A recent example of the difficulty in protecting significant Aboriginal heritage sites is the Skandatut village site in Vaughan, Ontario. In Vaughan, a private land developer tried several times to excavate the Skandatut site to make way for a new sub-division, without the consent or knowledge of the Huron-Wendat Nation. Huron-Wendat Nation counsel in Ontario David Donnelly (Donnelly Law) prepared an injunction and proceeded to Ontario Court asking for a stop-work order for Skandatut and other Aboriginal cultural heritage sites. The Ontario Minister of Culture intervened and exercised his discretion under the Ontario Heritage Act to issue his own Stop Work Order to temporarily preserve Skandatut. The Minister also ordered mediation between the landowner, City of Vaughan and Huron-Wendat Nation. After years of effort, mediation and court action, a settlement was reached by the City of Vaughan, the landowner and the Huron-Wendat Nation. The Skandatut site comprises the archaeological remains of a large and heavily fortified, late sixteenth-century ancestral Huron-Wendat village. It represents the most recent in a series of related major Huron-Wendat villages located along the Humber River valley north of Woodbridge in the City of Vaughan. In its time, Skandatut was at the centre of trade and diplomacy in the Great Lakes Region, its location and size made it the “capital” of central Ontario. It housed upwards of 1,500 to 2,000 Huron-Wendat members in 40 to 50 longhouses. Most importantly, Skandatut overlooks the former location of its burial grounds, the Thonnakonah Ossuary (formerly known as the Kleinburg Ossuary), located 500 metres west, that at one time contained the remains of 561 individuals who lived and died at Skandatut.
Advocacy regarding the Provincial Policy Statement
Donnelly Law is pleased parts of its submissions on the PPS in both 2010 and 2012 have been included in the PPS 2014:
- Explicit reference to s. 35 of the Constitution Act, 1982;
- Explicit reference to Aboriginal interests in cultural heritage and archeology in section 2.6; and
- Reference to Aboriginal interests and communities in the definitions for built heritage resources and cultural heritage landscapes.
A Green Evening: Environmental Defence Gala in City Nights
Environmental Defence’s Annual Gala was a smashing success, raising money and awareness for Environmental Defence’s great work on curbing urban sprawl to getting toxins out of our environment. This year’s Gala marked David’s 25th anniversary of working for Environmental Defence, first as Executive Director, and now as legal counsel for over ten years.
Check out photo #10 on the Toronto Star’s City Nights website to see David celebrating with Mr. Robert Davies (President and Chair, Environmental Defence’s Board of Directors) and Ms Stephanie Kohls (Director of Communications, Environmental Defence). To learn more about Environmental Defence, visit www.environmentaldefence.ca.
OMB Victory on the Oak Ridges Moraine in the Toronto Star
Environmentalists cheer Oak Ridges Moraine decision
Rachel Mendelson
The Toronto Star
February 11, 2014
“Putting large-scale, car-dependent commercial activities in some of the most beautiful and natural country in southern Ontario would have been a big mistake,” said lawyer David Donnelly, who represented local residents at the OMB hearing. “If you believe that King Township is horse country and not paintball country, then this is a big decision for the Oak Ridges Moraine.”
Read the Toronto Star article on this victory achieved by Donnelly Law’s client the Stewards of the Moraine Inc., here.
Victory for the Oak Ridges Moraine and the Environment
On January 27, 2014, the Ontario Municipal Board (the "OMB") issued its most recent decision involving lands in the protected Oak Ridges Moraine Plan Area in King Township (Case Number PL130137). The hearing involved an Official Plan Amendment and zoning by-law application to rezone land in the Oak Ridges Moraine Countryside Area , to permit an outdoor banqueting facility, a children's camp and related accessory uses. Donnelly Law represented the Stewards of the Moraine Inc. (the "Stewards"), a party opposed to this application. The OMB decision considers whether the proposal to use three garden areas, with tent-like structures at each garden, as an outdoor banquet facility is a "major recreational use" according to the Oak Ridges Moraine Conservation Plan (the "ORMCP") and consistent with the definition of recreation in the Provincial Policy Statement (the "PPS").
Member Sylvia Sutherland dismissed the appeal. The OMB agreed with the Stewards' planner, Mr. Robert Lehman, that the "proposed banquet/wedding/event facility is not a recreational use as anticipated by the Province in the ORMCP." (Paragraph 31) The Board also referred to the evidence of a lay witness for the Stewards, a member with a large family and a lot of experience at weddings, noting his observations on the application were "interesting", including the following testimony:
"A wedding is a celebration of life where two people commit to each other by taking vows. It is not recreational. And I would never have gone out with my wife if her father thought going out on a date was a major recreational event[.]" (Paragraph 19)
You can read the decision here: 2014 01 28 OMB Decision - Eliopoulos .
You can read more about the case from YorkRegion.com.
David Donnelly on CBC Radio: Aggregate Pits in Ontario's North
On Friday, December 13, 2013, David Donnelly was interviewed by CBC Thunder Bay. Residents and property owners outside Thunder Bay are asking Taranis Construction to reduce its operating hours and noise at a new gravel pit.
"In the north it seems to be open season on putting these pits in where in many cases either don't belong, or the operators should be more responsive to local concerns,?" said David Donnelly, legal counsel for the Toronto-based Environmental Defence group.
Click here to listen to David's interview with CBC Thunder Bay on action residents could take, including calling the local Ministry of the Environment office. Listen to an interview with a local resident and read more about this situation from the residents' point of view here.
Greenbelt Watch: Oak Ridges Moraine Hearing
Donnelly Law's next hearing is set to begin November 25, 2013 in King Township. Here is a bit of background, published in Environmental Defence's Greenbelt Watch newsletter. The Ontario Municipal Board is set to hear an important case regarding whether to allow future development on the Oak Ridges Moraine, beginning November 23, 2013. The hearing will take place in King Township, the site of a proposed 600-person outdoor banquet/event facility, bed and breakfast, and children’s camp for 200 campers. The proposal was unanimously rejected by King Township Council in August 2013. The Township will now appear alongside the Stewards of the Moraine Inc. (the “Stewards”), a local residents group, in opposition to the project. STORM is a participant in the hearing. The site, at Highway 400 and Lloydtown-Aurora Road, is designated Countryside Area in the Oak Ridges Moraine Conservation Plan (“ORMCP”). The site has been a source of controversy for years, ever since the land was altered without any permits beginning in 2002. Topsoil was removed and a series of hills bulldozed into place, creating a “water feature”, with a pond and approximately one kilometre long.
The Township of King and the Stewards will argue the banquet facility is commercial development, not a “major recreational” facility as defined in the ORMCP. The Stewards are also concerned with road safety from the projected increase in traffic, and noise from the dance floors of three wedding receptions late on summer evenings. David Donnelly (Donnelly Law), counsel to the Stewards, comments “The connection between the children’s camp and banquet facility has not been established. How can a children’s camp be entitled to a liquor licence?”
David Donnelly on Social Impacts of Quarry
'Social impacts' must be considered when quarry application filed Bill Jackson
Cambridge Times
October 24, 2013
North Dumfries council should do more to protect residents from the adverse effects of quarrying. That was the main message from environmental lawyer David Donnelly at a public presentation Tuesday on behalf of the Concerned Residents of North Dumfries (CRAND).
The group was started by eight residents who filed an appeal with the Ontario Municipal Board (OMB) in October, 2012, following council’s approval of an application by Preston Sand and Gravel for the Henning Pit, situated at the corner of Cedar Creek Road and Dumfries Road.
[…]
The OMB set aside 15 days for a hearing in January. Donnelly said Preston Sand and Gravel will be paying for a lawyer and experts on behalf of township council. “Who’s paying for the residents?” he asked rhetorically. “You?”
There are currently 33 active pits in North Dumfries producing 4.4 million tonnes of aggregate per year, Donnelly said, and within two years, with several other applications recently approved or in the process of being approved, quarries within the township could be producing up to seven million tonnes of aggregate per year, “transforming the rural farming community to an industrial landscape.”
Click here to read the entire article.
Stewards of the Moraine in the Toronto Star
King residents oppose banquet facility on Oak Ridges Moraine
Rachel Mendelson
The Toronto Star
August 25, 2013
"A controversial proposal to build a banquet facility on prime agricultural land on the Oak Ridges Moraine could test the limits of the protections in place for southern Ontario’s so-called “rain barrel.”"
Read the Toronto Star article on this proposal, opposed by Donnelly Law's client the Stewards of the Moraine Inc., here.
Donnelly Law Client Pleased with Favourable Planning Report
Stewards pleased Township on their side
Mark Pavilons for the King Weekly Sentinel
August 20, 2013
The Stewards of the Moraine Inc. are pleased with recommendations by King Township staff to refuse a bid for a rural banquet facility in the Oak Ridges Moraine Plan Area. Click here to read more about the Stewards of the Moraine's reaction to the Township Planning Report in the latest edition of the King Weekly Sentinel.
Hall Proposal in the Oak Ridges Moraine Conservation Area Draws Ire
By: Simon Martin News Reporter, King Connection
Published on Friday August 09 2013
Donnelly Law clients vow to fight banquet hall proposed for lands on the Oak Ridges Moraine.
Read the full article here: http://www.yorkregion.com/news-story/4040057-king-township-group-fights-proposed-banquet-hall/
Donnelly Law Client Takes Action Against Minister's Zoning Order
By Matthew Strader News Reporter, Caledon Enterprise
Published on Monday August 5, 2013
Another group of local residents is looking to take legal action after a Minister’s Zoning Order was given to allow construction for a 180-acre Canadian Tire distribution warehouse in Bolton.
MPP for Brampton Springdale Linda Jeffrey granted a Minister’s Zoning Order (MZO) on July 18 for the development as requested by Caledon’s council after they approved the application earlier in the month.
On July 24, David Donnelly, of Donnelly Law Barrister and Solicitor, submitted a letter to Minister Jeffrey advising her that he was retained by Palgrave resident Henry Corradini, and he has the support of five other Caledon residents and their families.
Read the full article here:
http://www.durhamregion.com/news-story/3919066-more-residents-seek-legal-action/
Environmentalists split on green energy projects
News Reporter, Toronto Star
Published on Thursday August 08 2013
Cindy Sutch, who lives amid the rolling hills of the Oak Ridges Moraine, about 45 kilometres northeast of Oshawa, is a vocal advocate for the preservation of southern Ontario’s “rain barrel.”
And like most environmentalists, she also supports efforts to reduce the province’s reliance on fossil fuels.
But recently, a handful of wind energy projects proposed for the moraine have thrown this pair of ordinarily simpatico beliefs into conflict.
Read the full article here:
http://www.thestar.com/news/gta/2013/08/05/environmentalists_split_on_green_energy_projects.html
Ontario to Announce Anti-SLAPP Legislation
On June 4, 2013, the Ontario government will introduce legislation to better protect freedom of speech with an anti-SLAPP (Strategic Lawsuits Against Public Participation) bill. David Donnelly has been advocating for this legislation since 2007. In 2008, he was named NOW Magazine's Best Green Activist for his work on smart growth and anti-SLAPP advocacy. Commenting on the concern from developers that anti-SLAPP legislation could restrict developers' claims against libellous claims, David says “In Southern Ontario, to say that developers need protection from environmentalists is to say that David should have been deprived of his slingshot against Goliath.” (http://www.theglobeandmail.com/news/national/ontario-cracks-down-on-spurious-lawsuits/article12327218/)
As counsel to Environmental Defence, David has worked towards anti-SLAPP legislation with other NGOs in Ontario. For more information on SLAPP suits, visit Environmental Defence's website.
Wind Turbines and Health: No Evidence for Concern
Wind Energy Wins Against Wind Energy Opponents Click on the link above to read a short article by Donnelly Law on appeals of wind farm renewable energy approvals alleging serious harm to human health. This article is published in the May 2013 Bluffs Advocate (http://www.bluffsadvocate.ca/).
Niagara Escarpment quarry fight before judicial review
Environmentalists are anxiously awaiting a potentially precedent-setting verdict in a fierce conflict over a proposed quarry on protected Niagara Escarpment lands south of Collingwood, not far from the picturesque Blue Mountains.
The case, which began with Walker Industries’ initial application nearly a decade ago, is now before a judicial review, with a decision expected in the coming months. If approved, some warn it will tip the balance toward those who wish to exploit the riches of the escarpment — and undermine the protections put in place 30 years ago to preserve it.
“Protection of the escarpment began because of the growth of the aggregate industry,” said Ruth Grier, former NDP environment minister and local resident. “This is one example that shows there are huge loopholes in that protection.”
Read the full article here: