Premier to be subpoenaed in Flamborough quarry case

By Teri Pecoskie Hamilton Spectator Nov 01 2012 

St Marys Cement is capitalizing on a parliamentary loophole to subpoena Premier Dalton McGuinty and other senior cabinet members over their decision to kill the controversial Carlisle quarry project — a decision the company suggests was made to “save the seat” of Liberal MPP Ted McMeekin.

By proroguing the legislature, the premier opened a window for St Marys to initiate a judicial review intended to help determine whether the government acted improperly in halting the proposed 158-hectare quarry near the Flamborough-Milton border. The province put a stop to the project in 2010, issuing an unprecedented zoning order designed to permanently protect the land.

“We were given the green light for the judicial review only about three weeks ago,” said the company’s vice-president and general manager, John Moroz. The next step, he added, is to gather evidence that will help the company demonstrate the decision was “politically motivated.”

But McMeekin called the review nonsense, saying St Marys is looking to “blame the province for some kind of conspiracy.”

“I’m at the point where, frankly, I don’t care what they do,” said the Ancaster-Dundas-Flamborough-Westdale representative. “The reality is they are a publicly traded company that wants to bully their way into my community and I just won’t have any of it.”

Graham Flint, the chair of antiquarry group Friends of Rural Communities and the Environment, was likewise exasperated.

“We’re not surprised, but we continue to be disappointed with the company’s approach to the thing. We really do feel like we’re at a point now where they just will not accept a ‘no’ and no matter what happens or who wades in, they’re going to continue to push.”

Since parliamentary privilege protects sitting members from being subpoenaed while the house is in session or on holiday, the prorogation is the first opportunity for the premier, along with Ministers Jim Bradley and Rick Bartolucci, to be forced to testify. In addition to the judicial review, St Marys has also filed a $275-million arbitration claim against the federal government under the North American Free Trade Agreement.

“We can’t find a single shred of evidence that they made this decision based on technical or scientific reasons,” said Moroz. He also noted the irony of the situation, given speculation that McGuinty prorogued the legislature to keep unreleased documents on cancelled gas plants in Oakville and Mississauga under wraps.

“If they’re trying to hide documents on the gas plants or trying to avoid giving information by proroguing, in our instance, they’ve done the exact opposite. We may be provided the opportunity to get evidence far sooner than we would have been able to get it.”

A spokesperson for Municipal Affairs and Housing Minister Kathleen Wynne said the government’s decision to issue a zoning order blocking the quarry was based on concerns from Hamilton’s medical officer of health that the development would put local groundwater at risk. Concerns raised by local city and regional councils also played a role.

“We made a decision based on the best interests of the local community, public health and in support of good land use planning,” said Wynne’s press secretary, Kelly Baker.

Both Bradley and Bartolucci declined to comment while the matter is before the courts. The premier’s office referred questions to Wynne.