| Shortly
after the last update, the news broke that City Council
voted today to demand $123,000 from the six citizens
who acted as defendants in the injunction court case.
The motion was moved by Bill Kelly and seconded by Sam
Merulla. It was supported by Larry DiIanni, Marvin Caplan,
Chad Collins, Anne Bain, Frank D'Amico, Murray Ferguson,
Bernie Morelli and Dave Mitchell. This vindictive move
was opposed by Andrea Horwath and Dave Braden. Four
councillors were not present at the time of the vote
— Margaret McCarthy, Russ Powers, Tom Jackson and
Mayor Bob Wade. Friends issued the following
press release in response to the Council decision. |
For
Immediate Release – Tuesday, September 23, 2003
City
Demands $123,000 from Expressway Opponents
Hamilton
City Council has decided to seek $123,000 in court costs
from six citizens who oppose the construction of the Red
Hill Creek Expressway. The decision was taken today in Committee
of the Whole which authorized the City’s lawyers to
make a written submission to Superior Court Justice Joseph
Henderson.
McMaster
professor Jim Quinn, one of the six citizens, called the
Council’s decision “vindictive” and “an
attempt to silence opposition to the expressway and prevent
discussion of need and alternatives as they’ve done
since 1985”.
The
six citizens volunteered to present legal arguments against
an application for an injunction made by the City in early
August to stop protests at the site of planned construction
of the proposed expressway. They were among several hundred
people who picketed the site and blocked construction vehicles
on August 5, 6 and 7. The protestors believed that the City
had not received the permits and approvals required to allow
construction to begin. They also pointed out that nesting
migratory birds on the site were protected from disturbance
by federal law.
After
filing the injunction application, the City released letters
purporting to show that the three required permits were
obtained on July 28, July 30 and August 5. However, they
filed a report that migratory birds were still nesting on
the site on August 21, thus showing that the protestors
had actually saved the City from breaking the federal Migratory
Birds Convention Act.
Court
evidence also showed that the City still does not have other
key approvals for the expressway project, including the
authority to re-locate 7.6 kilometres of Red Hill Creek,
and a permit to excavate 70,000 tonnes of the toxic Rennie
Street dump which lies in the path of the proposed road.
Justice
Henderson approved the injunction request in a 23-page decision
issued on September 12. Despite this, the City has not started
work because the site has been occupied by citizens of the
Haundenosaunee (Six Nations) Confederacy. On Friday, the
City agreed to begin discussions with the Confederacy about
treaty rights and aboriginal burial sites in the valley.
City
officials claim they ran up $235,000 in legal expenses in
the injunction. The City was represented by the Toronto
law firm of Gowling Lafleur Henderson which fielded a team
of seven lawyers in the day and a half of court hearings
in early September. Court cost awards only allow for reasonable
expenses, and make it impossible to recover excessive legal
fees.
The
six citizens represented themselves and spent less than
$500. They each stepped forward voluntarily to argue that
the injunction.
For
further information:
Don
McLean
Chair, Friends of Red Hill Valley
(905) 664-8796 |
Dr. Jim Quinn
(905)
525-9140 ext. 23194
|
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