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September 2003 Newsletter

Missing Permits

The City is still far from obtaining the permits and approvals that it requires to build the expressway. For example, they have not made any progress on obtaining an authorization from the federal department of Fisheries and Oceans for permission to relocate 7.6 kilometres of Red Hill Creek. No major construction on the floor of the valley can begin without this authorization. The City has also not obtained any approvals related to their plans to plough the expressway through the toxic Rennie Street dump, excavating 70,000 tonnes of waste in the process. Elsewhere in this newsletter, we have described the outstanding issues related to the Niagara Escarpment.

The scheme to relocate portions of the oil pipeline in the valley has become considerably more complicated for the City over the summer. The National Energy Board has initiated a federal environmental assessment of the proposal, including a written public hearing. In response, on August 18 the City launched court action against this decision. David Estrin, the City's lawyer, received a blank cheque for this gambit from City Council in early August. The last time Council authorized a judicial review by this lawyer, the bill came to $4.5 million.

Most importantly, the City has not obtained any permissions from the Aboriginal peoples. The rights of the Haundenosaunee and other aboriginal peoples extend throughout Red Hill Valley and affect all the expressway plans of the City. One of the biggest concerns of the Haudenosaunee are the ancient burial sites located in the Red Hill Valley, and they want to prevent the City from digging up or paving over the burial sites of their ancestors.

The Haudenosaunee also want to protect the trees, plants, wildlife, fish, and the creek itself from destruction, in what is the one of the largest urban parks in Canada, and certainly the largest green-space in Hamilton. Most importantly, the Haudenosaunee are making a stand so that their inherent Aboriginal rights to their traditional territory is recognized.


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