|
November
1998 Newsletter
Legal
Steps to Block Tree Cutting
The
legal counsel for Friends of Red Hill has launched
action to block the Region's plans to start cutting trees
in the valley in January. The Canadian Environmental Law
Association (CELA) has written to the federal government
and the Regional Chairman pointing out that "irrevocable
decisions" cannot be made before the completion of the federal
environmental assessment.
Citing
legal precedent, CELA noted that "in the face of contravention
of this section, the only appropriate response by the Department
of Fisheries and Oceans will be to deny to the Regional
Municipality any needed Fisheries Act permits and
other approvals, and therefore to refuse to allow the project
to proceed."
The
letter to the Minister of Fisheries and Oceans also asked
him to provide "assurance that no irrevocable decisions
have yet been made" and to clarify exactly what the Department
believes would constitute such "irrevocable decisions".
The
letter to the Regional Chairman asked Mr. Cooke to "publicly
commit that the Region will not undertake any irrevocable
actions until the conclusion of the federal assessment process;
and if irrevocable decisions have been made, to immediately
stop any such activity until the conclusion of federal assessment
process." It warned that CELA is prepared to take court
action to prevent the Region from taking irrevocable actions.
It
noted that the Environmental Bill of Rights allows any person
resident in Ontario to bring a court action in the situation
"where a person [in this case, the Regional government]
has contravened or will imminently contravene an Act, regulation
or instrument prescribed for the purposes of Part V and
the actual or imminent contravention has caused or will
imminently cause significant harm to a public resource of
Ontario".
"Public
resource" means, among other things, any of the following:
"water, not including water in a body of water the bed of
which is privately owned...", "unimproved public land",
"any parcel of public land that is larger than five hectares
and is used for recreation...", "any plant life, animal
life or ecological system associated with any air, water
or land described in clauses (a) to (d)". "Public land"
is defined to include land that belongs to a municipality.
The Fisheries Act is one of the Acts prescribed for the
purposes of Part V and therefore is included within the
meaning of section 84.
The
letters were sent on November 24 and released at a press
conference at Hamilton City Hall.
|
