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Aug 2, 2003
CITY ISSUES THREATS AGAINST OPPONENTS OF EXPRESSWAY

Several individuals, including the chairperson of Friends of Red Hill Valley, received a letter from the City of Hamilton on July 31. The six-page letter was emailed to about 20 individuals and has been hand-delivered to the homes of at least four people. A PDF copy is attached.

The letter says the recipients “may be one of those persons or … may know such persons” who are about to break the law. It goes on to state: “We also want to inform you that the City will seek damages and other appropriate legal remedies from those responsible for the City incurring damages and costs arising from unlawful behaviour.” The damages are described as in excess of $3.4 million, plus court costs, and the letter notes that “costs may be enforced against a person owning property by the judgement being registered against title with the consequence that if the judgement is not paid the property can be ordered sold to pay the judgement.”

The remainder of the letter is devoted to a description of charges that the City is willing to pursue, including the following:

  • Intentional Interference with Contractual Relations and Economic Interests
  • Inducing Breach of Contract
  • Illegal Conspiracy to Injure
  • Tort of Intimidation
  • Trespass – Common Law Liability
  • Mischief (Criminal offence)
  • Intimidation (Criminal offence)
  • Acts prohibited under various City by-laws

The letter reflects the increasing desperation of the City to bring an end to opposition to the expressway project. It attempts to impose a prior restraint on the implementation of rights enshrined in the Canadian Charter of Rights and Freedoms.

The City has systematically avoided the normal regulatory and administrative procedures associated with such a massive project that has very large environmental, economic and social implications. Their actions have ranged from spending $4.5 million to prevent a federal environmental assessment, to seeking an exemption from provincial environmental rules, to refusing to respond to written concerns of citizens for more than four years, to their latest threat to sue the National Energy Board for following normal procedures.

Like the letter released yesterday, these are the actions of a municipality which understands its expressway project cannot stand the light of day, and which despises and fears public scrutiny and criticism. The most appropriate response is for citizens to redouble their efforts to elect a mayor and councillors who will end these abusive practices.

Rally for the Valley – Monday August 4, 2003

The City’s threats make it all the more important for as many people as possible to join in a peaceful and legal rally against the expressway on Monday, August 4 (Civic Holiday). The rally will take place at 1 pm near the corner of Greenhill Avenue and Harrisford Avenue, one block west of Mt. Albion Road. The afternoon’s events will include the planting of a Garden of Hope. Parking is limited in this area, so please try to carpool, take public transit (Parkdale bus) or use alternative transport to get to the site.


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