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September
2002 Newsletter
Restore
Democracy in Hamilton
The
battle over the future of Red Hill Valley has never been
fought on a level playing field. But over the last three
years, the tilt has become truly outrageous. Since 1999,
Hamilton's municipal authorities have spent over $4 million
in public monies while refusing to release any information
about where this has been spent, what studies have been
done, or what results have been found.
Since
the beginning of the federal environmental assessment in
May 1999, City officials and their Regional predecessors
have systematically erected a wall of secrecy about everything
to do with the Red Hill Creek Expressway project. Consider
the following:
Since
1998, nearly one million dollars has been allocated by Council
to archaeological studies in Red Hill Valley. Not one report
on the activities or findings of these consultants has been
released. Formal "freedom of information" requests
were made earlier this year by the Spectator and by a member
of Friends, and were turned down by the City. The excuse,
now used over and over again, is "client-solicitor
privilege".
In
1999 and 2000 two studies costing upwards of $85,000 were
carried out in the valley related to the presence and habits
of flying squirrels. The first study was completed in the
fall of 1999. A request for a copy by a member of council
was turned down (in writing). Freedom of information requests
by the Brabant weekly newspapers for the two studies were
denied (also on client-solicitor privilege). The key author
of one of the studies has been ordered not to talk about
it, and when she spoke earlier this year at a public meeting,
she was accompanied by a 'guard' prepared to fend off questions
about the study.
Early
in 2000, the City attempted to expropriate some private
land in the valley. However, they failed because they refused
to provide any information on their plans for re-locating
Red Hill Creek. During the federal assessment process, Fisheries
and Oceans Canada asked FOUR TIMES for detailed information
on the creek re-location plans to justify the City's request
for a Fisheries permit. To this day, this material has not
been provided. Like the other documents, it is locked behind
the wall of secrecy.
In
1999, just about the time the wall of secrecy came into
view, local authorities hired David Estrin and his legal
firm to try and stop the federal assessment process. Mr.
Estrin reportedly told Council this could be achieved for
$75,000 to $100,000. He and his firm have now received over
$3 million and the bills are still coming in. Soon after
Mr. Estrin was hired, it came out that at least two lobbyist
firms had been hired. The Spectator asked who there were
and what they were paid. They were denied the information.
The newspaper then filed a Freedom of Information request
to find out how the public's money was being spent. They
were turned down. They appealed and lost — to "client-solicitor
privilege". In the appeal, it came out that there were
ELEVEN consultants hired, but their names or activities
have never been revealed.
In
March of this year, the same legal firm was given $258,000
to prevent the release of information to "expressway
opponents". In July, the lawyers came back to Council
for a secret (in camera) report to Council and to ask for
an additional $334,000. Again there has been no disclosure
of what these monies are being used for.
In
October 1998, more than 15 organizations and individuals
filed formal comments on the draft plans for the expressway.
They were promised a written response by January 1999. It
has never come. A year ago, fifteen of them wrote to the
provincial Minister of the Environment asking her to force
disclosure. A Ministry spokesperson responded that the province
would "be monitoring the City's compliance" but
this 'oversight' has apparently done no good. The groups
and individuals have now waited nearly four years for the
answers they were promised.
"Our"
government adopted a partisan position on the expressway
issue decades ago, but they have now gone much further.
Burned by the fact that every study ever done on the expressway
has found problems, and that citizens have pointed this
out, "our" local government has apparently adopted
its wall of secrecy to avoid this problem with citizens.
This
is a blatant violation of the basic democratic right of
citizens to know how their money is being spent and to see
the studies they are paying for. It is also an act of desperation
by an administration that knows its expressway project cannot
be defended in the public forum, so it is now determined
to get rid of the public forum.
On
September 4, Friends of Red Hill wrote to Council,
again asking for the release of these secret documents.
Council's decision is scheduled to be made at their meeting
on Wednesday, September 25, starting at 7 pm. Please join
us there to hear the result.
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