Oxford Environmental Committee Advocates for Protection of Public Participation

News release from OEAC

The Oxford Environmental Action Committee (OEAC) applauds the recent passage of Bill 52 in the Ontario Legislature, and calls for reform of the Ontario Municipal Board to further encourage public participation.

“Passage of Bill 52, the Protection of Public Participation Act, is really exciting for many environmental and public health advocates and organizations across the province”, said OEAC’s president Suzanne Crellin.

“We provided comments to the Legislative committee debating the bill because we strongly believe that citizens in Ontario should have the right to speak out against potentially dangerous projects without the risk of becoming the victim of an expensive and intimidating Strategic Lawsuit Against Public Participation (SLAPP).”

Executive member of the OEAC, Bryan Smith, agreed, stating, “With many local people and groups in Oxford County already publicly speaking out against the Walker Industries landfill proposed for the Carmeuse quarry, we hope that this new law will encourage even more people to bring forward their environmental and public health concerns for this and other potentially damaging development projects.”

OEAC’s comments to The House Standing Committee on Justice Policy, who were debating the bill, focused on encouraging the province to incorporate into the legislation key items from the government’s own 2010 Anti-SLAPP Advisory Panel, including:

• That the Bill retroactively protect citizens who are currently awaiting hearings or judgments where the lawsuit is deemed to meet the criteria of a Strategic Lawsuit Against Public Participation (SLAPP).

• That the Bill include more potent deterrents to disincline the initiation of SLAPPs.

• That the Bill include a clause prohibiting the initiation of SLAPPs by parties previously found to be initiating lawsuits with a purpose of dissuading public participation in matters of public interest.

Crellin adds “While we are pleased at the passage of the protective Act, we were really disappointed to hear that legal protections will not be extended retroactively to people and organizations around Ontario who already have SLAPPs against them. We will continue to advocate for additional reforms to protect the rights of people to speak out, such as asking for an overhaul of the Ontario Municipal Board (OMB). The province continues to ask for the public to be involved in decisions made under the Aggregate Resources Act and Environmental Assessment Act, such as proposals for pits, quarries, and landfills, while the OMB increasingly finds in favour of industrial developments and provides post-hearing cost awards that can be crushing to participating non-profits and community members.”

The Ontario Municipal Board recently awarded one of the largest cost awards in the province’s history against citizens’ volunteer committee the Concerned Residents Association of North Dumfries (CRAND). In 2013 CRAND entered into public consultation on the Heming Pit in neighbouring North Dumfries that resulted in an expensive OMB hearing and a $110,000 cost award in favour of a gravel pit corporation.

“We stand with our friends in other communities who are seeking to protect their air quality, drinking water, and prime farmland,” said Crellin. “We believe that it’s time that the OMB commit to making science-based decisions that take environmental sustainability and the potential resulting impacts on public safety into account. The protection of our drinking water resources, the air we breath, and the health of our community members should be the ultimate decision making criteria. In cases where industrial projects may endanger the public, the OMB should be seeking as much scientific evidence on potential impacts as possible in order to make an informed decision.”

The Oxford Environmental Action Committee is currently compiling comments on the Ministry of Natural Resources and Forestry’s review of the Aggregate Resources Act, and encourages the public to send emails on the topic to minister.mnr@ontario.ca.

“Here in Oxford we are in the ultimate battle for quarry rehabilitation in our opposition of the Walker Industries landfill propped for Carmeuse Lime’s quarry”, said Crellin. “Who better than us to tell the MNRF that Ontario citizens demand nothing less than complete quarry rehabilitation and protection of our drinking water supply. We were promised Carmeuse would be turned into a recreational quality property, and we need to ensure that happens.