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Project
History
Red
Hill Creek Expressway - Chronology
August
2000
- Regional council approves an additional $524,000 payment
to its lawyers. Total bill is now over $1.7 million. Court
hearings now scheduled for November 27 to December 1, 2000.
April 2000 - Hamilton West Liberal MP publicly calls
for Sheila Copps to interfere in the Panel Review and the
court case to reduce the assessment to just fish. Wentworth-Burlington
Liberal MP points out that this demand is unethical and
it would be unlawful for Ms. Copps to interfere.
January
2000 - Region indicates it will not submit a schedule
to the Panel outlining when it will submit its EIS. Minister
Anderson is quoted in the media as saying the Region will
not be permitted to begin construction without a permit.
Region's lawyer says they will "take the high road" and
not start construction.
December
1999 - Canadian Bond Rating Service lowers Region's
credit rating because of plans to borrow for the expressway.
November
29, 1999 - Report to regional committee reveals that
its lawyers have already spent $700,000. Committee approves
additional $500,000 to bring total legal-lobbyist costs
to $1.2 million. Committee instructs staff to report on
how construction could be started before decisions by the
courts and the Review Panel.
November
15, 1999 - Region launches a second judicial review
application, attacking the integrity of federal ministers,
as well as the Review Panel chair, and challenging the Final
EIS Guidelines.
November
7, 1999 - First court appearance hears federal motions
asking for limitations on the scope of the Region's judicial
review application.
October
15, 1999 - Federal assessment Review Panel issues final
Environmental Impact Statement (EIS) Guidelines for the
project. Region required to provide timetable on delivery
of EIS by January 12, 2000.
September
1999 - Public review of the draft EIS Guidelines. This
scoping process generated 176 written submissions and over
100 verbal submissions (during 4 days of scoping meetings).
Regional government boycotted this process.
August
1999 - Region launches court challenge arguing that
the Canadian Environmental Assessment Act is not applicable
to the project, there is no need for a Fisheries Act permit,
the terms of reference for the Panel are inappropriate,
and other claims. Lawyer says it will cost $75,000 to $100,000
and be over in six months.
July
1999 - Final Terms of Reference for the Review Panel
are issued, along with draft EIS Guidelines. Panel membership
also announced. Chair is Nick Mulder, a 30-year career federal
civil servant, deputy minister of four different departments,
Officer of the Order of Canada, and current head of the
Ottawa-Carleton hospitals board. Other members are Sally
Lerner, retired environmental studies professor; and Ray
Effer, retired civil servant who headed Ontario Hydro environmental
assessment division.
May
6, 1999 - Environment Canada Minister Christine Stewart
announces a Panel Review of the project, citing the identification
of significant adverse environmental effects, and public
concern.
January
1999 - Terms of Reference for federal environmental
assessment "screening" finalized after public comment period
in December 1998. Responsible Authorities include Department
of Fisheries and Oceans, Environment Canada and National
Energy Board. Need and alternatives not included. It is
later revealed that DFO has received over 800 letters asking
for a Panel Review.
October
1998 - Deadline for public comments on the Region's
"Draft Summary Report, Volume 2" on expressway impacts.
Report prepared under terms of the provincial environmental
assessment exemption granted to the Region in March 1997.
Region promises to provide written responses by January
1999 (these have not yet been provided)
July
1998 - Region applies for an authorization for the project
under the federal Fisheries Act.
June
1998 - Region releases "Executive Summary" of Draft
Summary Report Volume 2 including first indication of plans
to relocate and reconstruct up to 7.5 kilometres of Red
Hill Creek, and first mention of intent to construct 21
stormwater ponds.
May
1998 - Federal Department of Fisheries and Oceans initiates
the "screening". Federal interests include the need for
an authorization under the Fisheries Act, relocation of
a transprovincial pipeline, impacts on a mainline CNR line,
relocation of an Environment Canada water monitoring facility,
and Migratory Birds Convention Act concerns.
May
1998 - Friends of Red Hill Valley holds 1500-person
demonstration at Hamilton City Hall.
January
1998 - Friends of Red Hill Valley and Canadian Environmental
Law Association write to Minister David Anderson of Department
of Fisheries and Oceans and ask for initiation of federal
environmental assessment. They warn of regional plan to
begin construction before seeking a Fisheries Act authorization.
November
1997 - Region releases "Draft Summary Report, Volume
1" which includes first detailed map of project, and first
indication of plan to relocate the Burlington Street interchange
with the QEW (because it is too close to the planned interchange
of the Red Hill Expressway with the QEW).
October
1997 - Region opens Lincoln Alexander Parkway, a 12-kilometre
east-west expressway in upper Hamilton.
March
1997 - Norm Sterling, Ontario Minister of the Environment,
exempts north-south expressway from further provincial environmental
assessment, and accepts Region's proposed alternative internal
assessment.
May
1996 - Region files an "Exemption Order" application
with the provincial government. Document includes a letter
from Environment Canada informing the Region that "A federal
CEAA screening will ultimately require an assessment of
all potential environmental impacts of the project, the
scope of which will be defined by the Responsible Authority,
but which will likely include the entire north-south expressway
project." Region states in exemption order request that
it anticipates application of CEAA, Fisheries Act, Migratory
Birds Convention Act, National Transportation Act and Navigable
Waters Protection Act.
November
1995 - Ontario Premier Harris announces $100 million
combined subsidy for the Lincoln Alexander Parkway and the
Red Hill Creek Expressway.
January
1995 - Work begins on the Red Hill Valley Rehabilitation
Project led by the Hamilton Region Conservation Authority.
Includes biological inventory, archeological inventory,
water sampling, tree planting and a formal end-to-end cycling
and walking path. Provincial funding cut off in summer by
newly elected Conservative government, so spending only
totals $2.1 million.
August
1994 - Regional council rejects the Crombie compromise
proposal and endorses a modified 4-lane expressway.
March
1994 - Ontario Premier Rae unveils compromise proposal
developed by David Crombie. It says an expressway is not
needed and proposes to add two lanes to an existing escarpment
crossing and connect this to an existing four-lane road
via a new four-lane arterial road in the valley with intersections
instead of interchanges. It also proposes a $6 million escarpment
interpretative centre for the valley, and $12 million for
environmental restoration work in the valley. Expressway
opponents say they "can live with" this compromise.
September
1993 - Ontario Premier Rae appoints David Crombie to
examine the ongoing dispute between the province and the
region over the Red Hill Valley and Expressway.
1991
- Regional council unsuccessfully sues to obtain reinstatement
of the province's subsidy of the Red Hill Creek expressway.
Work proceeds on the Lincoln Alexander Parkway. Friends
of Red Hill Valley is formed.
December
1990 - Ontario government withdraws funding for a valley
route for the north-south expressway citing environmental
concerns.
September
1990 - NDP wins provincial election, including all six
Hamilton area MPPs. The NDP has been a vocal opponent of
the expressway since at least the late 1970s.
Spring
1990 - Reconstruction begins on two street overpasses
and a railway bridge in Red Hill Valley to permit expressway
to go underneath them.
1987
- Ontario cabinet rejects appeal of Save the Valley and
upholds the Consolidated Board decision. Save the Valley
launches attempt at judicial review, but this is rejected
in early 1990.
October
1985 - Consolidated Joint Board renders 2-1 decision
in favour of the East-West and North-South expressways.
Decision includes ordering the Niagara Escarpment Commission
and the Hamilton Region Conservation Authority to issue
all necessary approvals for the expressway. Both these agencies
had spoken strongly against the project during the hearings.
Two OMB representatives vote in favour of the project. They
argue the valley "is presently in a state of pollution"
and that "the construction of the proposed road will clean
up the major points of pollution and will provide improved
public access to the Valley". The representative of the
Environmental Assessment Board submitted a 116-page dissent.
He "reached the inescapable conclusion that the proponent
has failed to prove need on the basis of projected traffic
demand" and that "irrespective of the issue of need, the
proposed North-South Expressway should not be located within
the Red Hill Creek Valley". Save the Valley and the Hamilton
Region Conservation Authority launch an appeal to provincial
cabinet.
September
1984 - Consolidated Joint Board hearing begins before
two appointees from the Ontario Municipal Board and one
from the Environmental Assessment Board. The Board grants
intervenor funding to Save the Valley but the Region successfully
challenges this decision in the courts. Board eventually
grants some costs at the end of the 99-day hearing process.
November
1982 - Region provides its Environmental Assessment
Submission. It argues that much of the cost of the expressway
will be re-couped from savings resulting from reduced use
of public transit.
1980
- Upper Ottawa Street landfill closed because of public
protests, after several years of operation of a toxic hazardous
waste processing facility. Landfill is on the banks of Red
Hill Creek which reportedly "ran black" for years because
of the dumping. Provincial enquiry concludes in 1986 that
public health concerns were justified.
September
1979 - Regional council adopts valley expressway route.
Project requires approvals from Ontario Municipal Board
(Planning Act), Ontario Environmental Assessment Board (EA
Act), Niagara Escarpment Commission (half the north-south
expressway is inside the escarpment planning area) and the
Hamilton Region Conservation Authority (to construct in
a flood plain). Provincial government subsequently decides
to combine all approvals into a Consolidated Joint Board
hearing.
June
1979 - Region releases six possible alternative routes
for north-south expressway. All six go through the Red Hill
Valley. Nine other alternatives, including three other north-south
locations were eliminated internally without public input.
1978
- Region begins study of potential locations for East-West
and North-South expressways. General Manager of the Hamilton
Region Conservation Authority resigns from the committee
in protest.
1977
- Council votes to allow Red Hill Valley location to be
considered after provincial government withdraws funding
subsidy for land acquisition for the East-West expressway.
1975-1977
- Continuous pressure from provincial Conservative government
to reinstate valley route for north-south expressway. Three
additional votes by Council confirm 1974 decision, but by
decreasing majorities.
1974
- Hamilton City Council and the newly-formed Regional Council
vote unanimously to "to retain the natural character of
the Red Hill Creek Valley and to maintain permanently its
present natural state". Motion adopted to remove valley
expressway from the Official Plan. East-West expressway
retained.
1973
- Clear Hamilton of Pollution (CHOP) and City of Hamilton
jointly sponsor public walk in the Red Hill Valley. Politicians
who participate (including Bob Morrow) state opposition
to expressway plans.
1972
- CHOP organizes environmental inventory of natural areas
in Hamilton.
1971
- Spadina Expressway cancelled.
1964
- Council adopts recommendations of Hamilton Area Transportation
Study (1963) for five new expressways in Hamilton including
Red Hill Expressway (east of the valley) and Highway 53
Freeway (cross-mountain). Others are a Stoney Creek Expressway,
an "East-West Expressway" through lower Hamilton, and a
"North-South Expressway" across the escarpment in central
Hamilton.
1956
- Consultant company proposes "Red Hill Expressway" to run
from King Street to QEW along valley. Plan is supported
by City Council but dropped in 1958.
1947
- Hamilton's first Official Plan recommends purchase of
remaining portion of Red Hill Valley as an eastern greenspace
buffer. These purchases are completed in the 1950-51 by
the Hamilton Board of Park Management.
1929
- City of Hamilton purchases southern half of Red Hill Valley
(King's Forest Park) at the urging of Thomas B. McQuesten,
a member of the Parks Board. McQuesten is eventually credited
as the father of the Royal Botanical Gardens, the father
of the Niagara Parks system and the father of the QEW (built
while he was Minister of Tranport in the provincial cabinet).
The
Red Hill Creek Expressway
A four lane municipal expressway project of
the City of Hamilton
THE
PROJECT
-
A four-lane north-south expressway proposed by the Regional
Municipality of Hamilton-Wentworth to connect the QEW
to the Lincoln Alexander Parkway (recently built east-west
expressway). Discussed since the 1950s as part of a ring
road system, but now located entirely within residential
areas in east Hamilton, it will create a 9 kilometre shortcut
between the QEW and the 403.
- Length
- 7.5 km (more than 90% INSIDE designated Environmentally
Significant Area)
- Crosses
Niagara Escarpment World Biosphere Reserve, 4 km of route
within the NEC plan area
- At
least seven kilometres of Red Hill Creek to be re-located,
vertically and horizontally
- Eight
crossings of Red Hill Creek (after creek re-location --
14 before)
- Six
new interchanges (4 in valley and one at each end) will
divide valley into 30 pieces
- Fifth
climbing lane across the escarpment
- Large
flooding zones and 21 new stormwater ponds also part of
design
THE
COST
- Estimated
cost is $220 million or $28 million per kilometre or $700
per inch. (Highway 407 cost is $13.5 million per kilometre)
- Harris
government providing approximately $110 million
- Operation,
maintenance and rehabilitation costs estimated at $19.7
million per year
THE
NEED
- The
main need identified by the proponent since the 1950s
has been to serve FUTURE traffic growth across the Niagara
Escarpment in the east end of Hamilton. This was premised
on much higher population growth patterns than have ever
been achieved. For example, the project was advocated
by the 1963 Hamilton Area Transportation Study on the
basis that regional population would reach 725,000 by
1985. In 1999, the population of Hamilton-Wentworth is
about 470,000.
-
Traffic projections made in 1984 estimated over 1600 cars
an hour deficiency by 2001 but currently existing roads
in this area are operating below capacity and traffic
levels have stagnated and/or fallen since 1990, largely
as a result of massive employment losses on the industrial
bayfront of Hamilton which have fallen from 50,000 in
1981 to about 22,000 today.
- Need
was a major issue in the Joint Board Hearings. And the
minority report concluded that it was not established
(M.I. Jeffery, representative of the Environmental Assessment
Board)
-
A provincial study commissioned by David Crombie in 1993-4
concluded that two additional arterial lanes was the maximum
required expansion to meet needs over next 25 years. This
can be met by widening existing provincial highway 1-2
kilometres further east (Highway 20). Crombie's alternative
arterial road with stoplights and intersections was rejected
by Hamilton-Wentworth as "too slow"
- Current
public arguments of proponents focus on "economic stimulation"
and "job creation" which local officials say will be generated
by the project.
Sustainable
Development and the Expressway:
Words and Deeds
- In
1990 the Region of Hamilton-Wentworth initiated the Task
Force on Sustainable Development which produced a new
vision for the community called Vision 2020. This was
adopted as a planning "guideline" by the regional council
in 1993.
- The
Task Force was headed by a regional councillor who was
also the Chairman of the Freeway Steering Committee. He
expressly forbid any discussion of or reference to the
expressway project in Vision 2020.
- The
International Council for Local Environmental Initiatives
designated Hamilton-Wentworth as a "model community" for
sustainable planning under the United Nations Agenda 21
program, partly because of Vision 2020.
- In
1995 the Region adopted a new Official Plan titled "Towards
a Sustainable Region" and established a new slogan for
the Region: "The Sustainable Region".
- The
Official Plan has strongly worded protection of natural
areas including: "The ecological functions and physical
qualities of Hamilton-Wentworth's natural features should
be used in such a way that they are protected, preserved
and enhanced"; and "Opportunities to experience nature
should not be taken away from future generations...";
and the Region "is committed to the long term protection
of the natural environment".
- The
Official Plan renewed the designation of the Red Hill
Valley as an Environmentally Significant Area (ESA), the
largest one in the City of Hamilton. The policies state
that land use changes in ESAs will only be permitted where
such changes "will not adversely affect, degrade or destroy
any of the qualities which served as the basis for the
area's designation", and "will not cause any significant
impacts upon water quality and quantity..."
- The
transportation section of the new Official Plan says that
"emphasis will be placed on accessibility and reducing
reliance on the automobile by promoting alternative modes
of transportation, such as public transit, walking, and
cycling to all urbanized areas of the Region".
- However,
later on in the transportation section, the Official Plan
refers to the Red Hill Creek Expressway and states: "Nothing
in this Plan shall preclude the construction of this roadway
through the Red Hill Creek Valley".
Some
Expressions of Public Concern about the Red Hill Expressway
Demonstrations
of public concern and opposition to the use of Red Hill
Valley for an expressway are well documented as far back
as the early 1970s. In 1974 they convinced the City and
Regional Councils to unanimously adopt a resolution "to
retain the natural character of the Red Hill Creek Valley
and to maintain permanently its present natural state".
A review of the clipping files maintained by the Hamilton
Public Library would identify hundreds of letters and dozens
of major opinion pieces. Over the past five years, it would
be difficult to find two consecutive weeks without a letter
or opinion piece against the expressway project. Below are
a few highlights of the public concern about this project.
- When
new proposals to use the valley for an expressway surfaced
in 1979 a "Save the Valley" citizens' committee was formed.
The media reported that it had 700 people at its first
meeting. This group continued very active opposition to
the project for more than a decade, exhausting all provincial
processes.
- In
1979 the Hamilton Region Conservation Authority went on
record as opposing the use of Red Hill Valley for an expressway.
It has maintained that position for over 20 years. In
the same year, the Hamilton Board of Education and the
Hamilton and District Labour Council also adopted positions
against the project. The latter has maintained its stance
as well for more than 20 years.
- Individuals
and groups representing thousands of citizens spoke against
the expressway project in the valley at the 1984-85 Joint
Board Hearings. They also raised over $75,000 to meet
the cost of legal representation and expert witnesses.
-
In 1990, the NDP, the only provincial political party
still actively opposed to the expressway project in the
valley, won all six seats in Hamilton-Wentworth. Their
government cancelled funding for the north-south expressway
four months after the election.
- In
1994, the Honourable David Crombie presented proposals
to Ontario Premier Rae for an alternative to the valley
expressway. Mr. Crombie subsequently spoke at several
meetings attended by a total of well over 1000 people.
The Region initially refused to permit public submissions
on Mr. Crombie's proposals, but eventually allowed 5 minute
submissions to a handful of councillors. Fifty-nine submissions
were made, about two-thirds opposed to using the valley
for an expressway.
-
In March 1996, the Region held a brief public consultation
on its proposed request to the provincial government asking
for an exemption from further provincial environmental
assessment. The results of that consultation are summarized
in an appendix of over 100 pages attached to the May 1996
exemption order request. Even though the Region stated
repeatedly that it would not permit discussion of need
or alternatives to the expressway, the majority of responses
it received were critical of its exemption order request
and at least 40% (according to the Region) of the submitted
comment sheets supported a full EA. Five of the six more
detailed comment sheets submitted also supported this
position, as well as 13 of the 16 letters. The report
devotes 74 pages to reporting (in a summary form) the
comments received. Fifteen of these pages are devoted
to the verbal comments, the rest to written ones.
- In
1997 the Region established a Community Stakeholder Committee
(CSC) as part of the process required by the "exemption
order" provided by the Ontario government in March 1997.
A committee of representatives of about 20 organizations
held frequent meetings until March when about half the
groups resigned. During the September 1997 to March 1998
there were also four public meetings (in addition to the
CSC meetings which were also open to the public). As reported
in the Report to the Region of Hamilton-Wentworth by the
LURA Group (the facilitators of the CSC process) submitted
on March 16, 1998: "Over 300 people participated in the
Region's consultation process during the Review of the
Draft Summary Report, Volume I". Note that this report
only described existing conditions, and did not provide
info on expressway plans. Subsequently, a second report
from LURA, covering the April to October period, included
verbal and written comments from three public meetings
held in June 1998 and attended by over 400 people. This
report is 180 pages in length.
- In
February 1998 Liberal MP John Bryden told the participants
at the workshop of the Bay Area Restoration Council he
would support a full federal environmental assessment
of the expressway. He was greeted with loud applause by
the over 100 people who had gathered to discuss the progress
of the Hamilton Harbour Remedial Action Plan.
- In
May 1998, about 1500 people demonstrated at Hamilton City
Hall against the Red Hill Creek expressway. It was the
largest demonstration on a municipal issue in the history
of the regional government (established in 1974).
- In
May 1998, three presentations were made on Red Hill to
the federal Standing Committee on Fisheries and Oceans.
Subsequently an NDP member of the Committee sent a letter
to every Member of Parliament asking them to write to
the Minister of the Environment asking for a full Panel
Review.
- In
October 1998, federal officials reported that over 770
individuals had written to the federal Minister of the
Environment and asked for a full Panel Review of the expressway.
- In
December 1998, McMaster University air quality specialists
warned that the expressway effects on air quality were
unacceptable. They supported a Panel Review of the project.
The Hamilton Spectator, in an editorial, also demanded
answers from the Region on air quality.
- In
December 1998 fifteen organizations held a media conference
asking for a full Panel Review of the expressway. They
included the Hamilton and District Labour Council, the
Coalition on the Niagara Escarpment and the Hamilton Naturalists'
Club.
- In
April 1999 all of the Members of Parliament from the Hamilton
and Niagara area signed a letter to the Minister of the
Environment asking for a Panel Review of the expressway
- In
April 1999 over 110 McMaster University faculty members
wrote to the Minister of the Environment asking for a
Panel Review of the expressway.
- In
September 1999 over 100 people made verbal presentations
to the Federal Environmental Assessment Review Panel on
the scoping of the assessment. In addition, 176 written
submissions were received by the Panel. The Regional government
boycotted the scoping process. Although a handful of pro-expressway
presentations were made, the vast majority of the written
and verbal submissions opposed the project.
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