Niagara Escarpment Commission seeks judicial review

Email from the Clearview Community Coalition August 17 2012 

Yesterday afternoon, in a landslide 10-3 decision, the Niagara Escarpment Commission voted to send the Walker decision to a judicial review.  The courts will now rule on the primacy of the Niagara Escarpment Plan (NEP) as it relates to the Walker application and will determine whether or not the Joint Board made errors in law by failing to apply the NEP and give the appropriate protection to the Escarpment’s most sensitive natural features.  Today’s vote was a milestone; it’s evident that the Commission stands firmly behind the NEP.

The following three commissioners opposed the motion: Moreen Miller, president of Ontario Stone, Sand and Gravel, Shawn Davidson, municipal representative for Clearview Twp/Simcoe Cty, and John Riley, Nature Conservancy of Canada and the Oak Ridges Moraine Foundation. Chair Don Scott and Grey County representative Paul McQueen declared a conflict.

In the month preceding yesterday’s vote, CCC along with other community groups and individuals sent letters to the NEC in support of a judicial review. Halton and Burlington, opponents of the Nelson/Burlington Quarry application to mine the escarpment in their municipality, also wrote letters arguing that the integrity of the Niagara Escarpment Plan is at risk if the Walker decision was not appealed.  

CCC applauds the NEC’s commitment to seek a judicial review and is considering how best to support them. 

Due to the generosity of our donors and the success of our major fund raiser we are delighted to report that CCC is no longer in debt – a tremendous accomplishment for a small community and all who have supported our efforts to stop the Walker Quarry.