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March
2000 Newsletter
Expropriation
Blocked by Region's Secrecy
The
Region has been blocked in its attempt to expropriate the
property of Richard and Darlene Woods at the eastern end
of Dumbarton Avenue, downstream of the Greenhill sewer overflow.
The Region says it needs this land because it will be regularly
flooded when the creek is re-routed across the baseball
diamonds.
After
three days of hearings in February and March, Erik Gillespie,
the Woods' lawyer, was able to get the expropriation hearing
adjourned indefinitely. Mr. Gillespie successfully argued
that the expropriation could not proceed because regional
officials refused to provide consultant studies to explain
why the property was needed. These include studies on why
the creek should be re-located, where it should go, and
how the region hopes to keep it there. As a result, the
expropriation process has been put on hold until the studies
are brought forward.
The
hearing officer took his job seriously and listened to what
people were saying. He also made an apparently unprecedented
site visit (in jeans and wellies).
The
officer agreed that the Woods were unable to get a fair
hearing because no one, including him, had access to the
relevant studies. At various times the Region has said it
didn't have these studies or they were incomplete and now
says they are protected by client-lawyer privilege.
Evidence
presented also noted that 15 to 25 times a year the Greenhill
combined sewer overflow upstream of Mr. Woods property dumps
sanitary sewage into the creek. Mr. Woods pointed out he
didn't want sewage on his property, adjacent to his home
and the homes of his neighbours.
The
Woods family made a difficult decision in fighting this
expropriation process. They were offered a lot of money
for their property. Darlene had a stroke a couple of years
ago, at age 45, and hasn't worked since. Richard is a steamfitter.
One of the reasons that they chose to fight, is because
a group of concerned neighbours supported them and attempted
to obtain standing at the expropriation hearing. In addition,
Richard did not want to sell his property and have it used
as a cesspool. The result of this hearing is that the legal
bill for the Woods family will be at least $5,000. Anyone
who would like to make a donation to help the Woods (whose
fight is also our fight), please contact Kerry Brookes,
201 Dumbarton Avenue who will gladly forward any monies
that you may choose to give.
Federal
fisheries officials have been asking for the stream re-location
and fish habitat studies since the summer of 1998 when the
Region first applied for a permit to alter fish habitat
in Red Hill Creek. The refusal of the Region to provide
their plans appears to have played a part in the calling
of the Panel Review.
An
August 1998 federal document states: "On July 25, Department
of Fisheries and Oceans received an incomplete application
for work affecting fish habitat. In many places where detailed
information was requested on the application form, the proponent
specified that 'information not available at this time'.
Although the documents including basic information about
the 're-alignment of the creek itself (the essential part
of the plan)', the data provided is definitely insufficient
to allow determination of impact. DFO is examining the entire
application along with the 'draft' documents and will officially
request additional information in the near future."
A
second document dated March 18, 1999 states: "Between August
1998 and February 1999, Fisheries and Oceans requested additional
information from the proponent on four occasions. The Region
has recently stated that it is not yet in a position to
provide the requested information, nor to provide an anticipated
timeframe for the submission of the information."
In
his May 1999 formal request for a Panel Review of the expressway,
Fisheries Minister David Anderson stated: "I am aware that
the proponent has been critical of the rate of progress
of this screening. However, I am also aware that the Regional
Municipality has not been entirely forthcoming with information
necessary, at least from a fish habitat standpoint, to conclude
the screening."
Friends
of Red Hill has filed Freedom of Information requests
for the secret studies.
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