For Immediate Release – Tuesday, September 23, 2003
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
Hamilton, Ont. -- Opponents of the Red Hill Creek Expressway expressed support today for members of the Six Nations Confederacy who are continuing to occupy lands in Hamilton’s Red Hill Valley, despite a court injunction granted to the City of Hamilton.
"We agree with the Haudenonsaunee people that this decision has no bearing on their rights," said Jim Quinn, a spokesperson for the ShowStoppers Union, a coalition of individuals and groups opposed to the expressway. "We will try to support their struggle in any way we can."
The ShowStoppers expressed disappointment at the decision of Superior Court Judge Joseph Henderson in granting an injunction that allows work to begin on a bridge-ramp at the end of Greenhill Avenue in east end Hamilton.
"We respect the decision of the court but we will continue to oppose the expressway," Quinn said. "There has been a huge outpouring of support since the beginning of August to keep the Red Hill Valley expressway-free."
ShowStopper pickets successfully prevented the beginning of work at the Greenhill Avenue site in early August by Dufferin Construction. The picketing was peaceful and no arrests were made, in spite of police monitoring of the protest.
On August 11, the city applied to the Ontario Superior Court for an injunction to halt the picketing and allow construction to begin. Six individuals acted as defendants in the case and represented themselves in court hearings on Septemer 5 and 8 against a high-powered team of seven lawyers hired by the City.
Justice Henderson’s decision, released earlier today, can be read here.
A City of Hamilton study has confirmed that the citizens who successfully stopped the City from beginning construction of the proposed $220 million Red Hill Creek Expressway, also prevented the City from violating the federal Migratory Birds Convention Act.
Citizens set up picket lines on August 5 near Greenhill Avenue in east Hamilton, and blocked access to a site slated for construction of part of the controversial expressway. They argued that the City did not have a legal right to begin the construction work, partly because of the presence of nesting migratory birds in the proposed construction site, first reported in an August 4 media release by Friends of Red Hill Valley.
The City is now pursing an injunction to prevent protests at the site. The next court appearance is scheduled for 10 am on Friday, September 5 in the John Sopinka Courthouse at 45 Main Street East in Hamilton.
As part of its court affidavits, the City has released a study conducted by its own consultants which confirms that nesting migratory birds were still on the construction site as late as August 21. The study was conducted by Karl Konze of Dougan and Associates. He says the nests he found may be active until this week and recommends that a further bird survey be carried out prior to any attempt to start construction. A continued “nest-in” by the birds may result in further postponement of construction.
It is clear, however, that no study was conducted by the City prior to its attempt to start construction in early August. If this construction had been allowed to proceed, the City would have violated the federal Migratory Birds Convention Act which makes it an offence to “disturb, destroy or take a nest, egg, nest shelter, eider duck shelter or duck box of a migratory bird”.
The City is responsible for checking details such as these before rushing to start construction work. “In their rush to pave the valley, the City continues to show its lack of care and concern for the environment and the law,” said Friends of Red Hill chair Don McLean. “Never mind that if the city gets their road these birds will be homeless next year when they return to find 44,000 trees cut down to make way for pavement.”
Far from thanking the protestors from preventing the City from violating federal law, Hamilton has threatened protesters with criminal charges and civil lawsuits including seizing people’s homes to cover court costs and any delays to construction.
Mr. Konze’s court affidivat also includes a “Red Hill Valley Project - Nesting Bird Survey and Due Diligence Protocol” dated “August 2003” that requires bird surveys to be conducted within four days of the proposed start of construction. It appears this protocol was developed AFTER the nesting birds were pointed out by Friends of Red Hill Valley, and is another positive result of the protestors’ actions in stopping the construction work.
An electronic copy of Mr. Konze’s affidavit is available on request.
contact Friends of Red Hill Valley for more information
Hamilton Ont. - A pro-Red Hill Valley/Elvis fan-club protest group is "all shook up" over the cancellation of their proposed presentation of a "Hound Dog Award" to Hamilton City Council.
Hamilton City Council was chosen to receive the award for their efforts to keep alive a bad 1950s idea despite advances in education, science and culture: namely, the Red Hill Creek Expressway.
The Mayor of Hamilton’s office refused to entertain the award which was to be presented at Wednesday’s (August 13) council meeting, The award was timed to coincide with Elvis Week (Saturday, August 9 - Sunday, August 17)
An e-mail from the Mayor’s office sent Monday pooh-poohed the ceremony: "Your request for an opportunity to present Council with a satirical award related to the Red Hill Creek Expressway....is denied as the matter of the Red Hill Creek Expressway is now before the Court in legal proceedings and it is therefore inappropriate for Council or staff to accept and/or make delegations, presentations, comments on the matter."
The group proposing the award, calling themselves the 50 WABIs (The 50's were a bad idea* and so is this road) intended to present council with a life-size gold and silver plastic Elvis bust ($29.99 at select corner stores) accompanied by a short speech.
"50 years ago, in the age before civil rights and women's rights; when TV was new and black and white; when people pondered where to build the family bomb shelter and kids learned to ‘duck and cover’ in case of nuclear war; when women wore gloves and men wore hats; in this context, in 1956, two-years before the hoola-hoop, the Red Hill Valley expressway is first proposed.
"Even 50's icon Elvis Presley changed from his hip-shaking, black-leather clad rebel, to morph into his 70's rhinestone-studded Vegas Elvis; yet, while Elvis changed (some say for the worse) and we’ve moved past most of the bad old 50's ideas, a few folks still cling to the outdated urban Expressway as a panacea for what ails the city.
"Sadly, tragically, Elvis never dealt with his terrible drug addiction, and as a result he got pretty bloated, sick and (some say) died at home at Graceland, August 16, 1977. We hope a similar fate will not befall the city of Hamilton due to the current addiction to building a $220-million expressway in a natural river valley, and spending money we haven't got."
The city of Hamilton is currently seeking an injunction to end a week of protests that have so far prevented the destruction of the valley. The City will make their motion for an injunction FRIDAY AUGUST 15, 10:00 AM at HAMILTON COURT HOUSE (45 Main Street East).
Protesters have already received letters from the city threatening, along with criminal charges, civil actions to seize their assets- including their homes- to cover any costs incurred by delays.
"Not content to just make a threatened species of flying squirrel homeless, the city is going after peoples’ homes for defending the valley and its inhabitants," says Randy ‘Don’t Be Cruel’ Kay. "If the city gets their way we’ll all be singing ‘Jailhouse Rock’ for exercising our constitutionally protected rights."
According to Kay, the relationship between the city and its citizens is definitely at a low point: "As Elvis would say, ‘we can’t go on together, with suspicious minds.’"
*not all ideas of the 1950's were bad.
A permit to camp in the Red Hill Valley has been granted to representatives of two groups who are interested in protecting the ecology of the valley.
The Friends of Red Hill and the Showstoppers have been granted permits by the Haudenosaunee (People of the Longhouse), who have inherent Aboriginal rights to camp, hunt, and fish in the Red Hill Valley. Along with the right to use the valley, the Haudenosaunee have the responsibility of protecting the valley for future generations. The Haudenosaunee people, whose traditional territory stretches between modern-day United States and Canada, lived in harmony with the natural world for hundreds and thousands of years, but in today’s world, we face new environmental problems that our ancestors never had to consider.
The Haudenosaunee Environmental Task Force was formed about ten years ago to work towards solutions of some of these environmental problems. More information about the Task Force can be found at www.hetfonline.org
Norm Jacobs, delegate to the Haudenosaunee Task Force, is currently in hospital in Hamilton and was unable to personally attend the rally in Red Hill Valley yesterday. On behalf of Norm Jacobs and the Haudenosaunee people, yesterday’s rally was opened with the traditional Haudenosaunee Thanksgiving address, by Al Loft. Mr. Loft gave some background information about the Haudenosaunee Environmental Task Force and announced that permits had been granted to the Showstoppers and to Friends of Red Hill.
The permit is valid only if the permit-holders abide by both Kaianara:kowa (the Haudenosaunee Great Law of Peace), and the Showstoppers "Basis of Unity". The Basis of Unity consists of the following six points:
The Haudenosaunee have never granted a permit to the City of Hamilton, and have not signed any agreements with the City of Hamilton about the Red Hill valley. The City of Hamilton signed an agreement with the Six Nations band council, as represented by Chief Roberta Jamieson, on June 30, 2003. The City of Hamilton and Six Nations have agreed to appoint a city-paid facilitator for discussions about archaeological activity in the Red Hill valley. However, the Six Nations band council is only one of the stakeholders with regard to archaeological activity in the valley, and the City of Hamilton also has a responsibility to consult with other stakeholders including the Haudenosaunee, the Mississaugas of the New Credit, and others.
For Immediate Release August 3, 2003
Hamilton, Ont. -- With work to start Tuesday, August 5 on a component of a proposed expressway in an east Hamilton valley, opponents of the road are vowing to use every peaceful means at their disposal to convince the City of Hamilton not to go ahead with construction.
On Monday, August 4, beginning at 1 p.m., opponents of the expressway will gather a point just east of the Red Hill Valley for a rally and a street dance.
AT 2 P.M., CHIEF NORM JACOBS OF THE HAUDENOSAUNEE CONFEDERACY WILL PRESIDE AT A CEREMONY CONCERNING THE STEWARDSHIP OF THE RED HILL VALLEY.
A garden of hope will be planted in a green space that is to be turned into a ramp and bridge for the expressway. The location for these events is at the western end of Greenhill Ave. (off Mount Albion Road)
The proposed expressway will see 93 hectares of the Red Hill Valley cleared and a similar additional amount of land "negatively impacted" in what is one of the most significant urban green spaces in Canada. At least 41,000 trees will be cut down and replaced with 54 hectares of pavement.
Total cost of the expressway is now estimated at $220 million, well over $40 million a mile. Hamilton's external debt is expected to triple by 2006, to over $1,000 per person.
More information about the expressway and its expected effects can be found on the website of Friends of Red Hill Valley at www.hwcn.org/link/forhv
For immediate Release July 30, 2003
A flying squirrel, a tree, and possibly other creatures or plants from Hamilton's Red Hill Valley will journey to Oakville on Thursday as part the struggle to keep the Valley, the jewel of Hamilton's east end, free of an expressway.
The ShowStoppers will be delivering a letter to Dufferin Construction Company, the company recently awarded the contract to construct a ramp to the expressway-to-be at Greenhill Ave., on the eastern side of the Red Hill Valley.
Flying squirrels (Glaucomys volans), designated a "species of special concern" by the Committee on the Status of Endangered Wildlife in Canada (COSWIC), will only cause greater concern if they have to negotiate a four-lane expressway in the valley. At least 41,000 trees are to be levelled in the building of the $220 million expressway. Some of those trees will be bulldozed to construct the ramp at Greenhill Ave.
Construction of the Greenhill Ramp could start as early as August 5.
The ShowStoppers have vowed to use every peaceful means to stop the Red Hill Expressway, including, well, dressing up like squirrels! They have held camp-outs at the site, as well as non-violent civil disobedience workshops.
Please join the ShowStoppers as we go to Dufferin Construction's Oakville HQ and present our letter and a tree-seedling in the hope that Dufferin General Manager Lloyd Ferguson (brother of Hamilton Councillor Murray Ferguson ) will join us in planting, not paving the valley.
For more information:
David Cohen - The Showstoppers Union
david316@sympatico.ca
(905) 577-1029
www.hwcn.org/link/hasc/red.html
Media release - attention news editors/environment reporters (July 25, 2003)
As the city of Hamilton prepares to push forward with plans to begin construction of the controversial and hugely expensive Red Hill Creek Expressway, citizens are preparing to mount a non-violent defense of the valley.
This full day workshop will enable citizens to prepare for the many tasks necessary to protect the industrial east-end’s only major greenspace, including risking arrest and jail.
The afternoon features a workshop on nonviolent civil disobedience with one of North America’s foremost practitioners, Matthew Behrens of Toronto Action for Social Change.
Construction of the Greenhill extension and an expressway on-ramp are scheduled to begin as early as Tuesday, August 5, and Valley-lovers intend to be there to prevent the paving of this green space. Dufferin Construction has the contract to begin the work which will lead to the destruction of the valley.
A group of citizens calling themselves “The Showstoppers” have already held a weekend camp-out at the site, and received support from the neighbours whose homes are threatened by the paving of the valley.
ELECTRONIC MEDIA WILL HAVE ACCESS TO THE WORKSHOPS BUT WILL BE ASKED TO RESPECT
THE RIGHT OF THOSE INDIVIDUALS WHO DO NOT WISH TO BE FILMED.
Background information available on the web at
www.hwcn.org/link/hasc/red.html
and www.hwcn.org/link/forhv
For more information contact Rae at 905-529-0274 or Andrew 905-526-7982
Matthew Behrens can be reached at 416-651-5800
-30-
As the city of Hamilton pushes ahead with plans to pave the valley (likely beginning with tree cutting the first week of August 2003, with Dufferin Construction doing the work), citizens are organizing to save the valley.
A peaceful camp out in the valley begins today (Friday, July 4) from 5:00 p.m. until 1:00 p.m. Sunday, July 6, 2003.
There will be a free family pot luck lunch and music concert on Saturday, July 5 with the pot luck at 12 noon, and music from 2:00 to 4:00 p.m.
LOCATION: The camp out will take place at the Red Hill Valley at the western end of Greenhill Road (take Mount Albion, south of King Street East; turn West on Albright, park diagonally at head of trail near ELizabeth Bagshaw School.
Plus: speeches from Don McLean (Friends of Red Hill Valley), executives of the Red Hill Neighbourhood Association, anti-expressway politicians and candidates. There will also be a children's games component (including face-painting) and guided walks in the valley. The events take place at the site of the protest camp, all are welcome!
Reach campers by calling (mobile phone) 905.818.1424 after 4:00 pm Friday www.hwcn.org/link/hasc/red.html