AWARE Simcoe unsuccessful in bid to postpone clear-cutting of Beeton Woods

AWARE Simcoe News Release

A judge has ruled against an application by AWARE Simcoe for an injunction against any cutting of the Beeton Woods until October, when a date was set for a judicial review of Simcoe County’s decision to lift a stop-work order.

Tecumseth Estates has the right to start clear-cutting a portion of the forest, possibly as soon as August 28, 2015, when protection under the Migratory Birds Act expires.

“We are disappointed,” said AWARE Simcoe chair Don Morgan. “We were seeking a judicial review because we felt there were significant flaws in the county’s hearing process that unfortunately would result in the destruction of an important connecting link in an area of Simcoe County that is impoverished in terms of forest cover.”

AWARE Simcoe based its application on principles of natural justice. In particular, it submitted to the court that Simcoe County breached its own procedural rules when it allowed the introduction of new information from Tecumseth Estates’ lawyer after the hearing. AWARE Simcoe also raised the issue that two councillors who voted were not present to hear the evidence. Underlying the whole case was the fact that the developer framed the purpose of the clear-cut as expansion of an agricultural area rather than to clear the way for a housing development.

Morgan said that despite the flaws, the county deserves credit for moving quickly to impose a stop work order when problems were identified, and for allowing a wide range of groups and individuals to address council at the hearing. AWARE Simcoe looks forward to supporting councillors in their efforts to ensure that principles of open government are upheld.

While finding against the citizens’ group, Justice Margaret Eberhard noted that “this was a well-argued, compelling proceeding which engaged issues of environmental concern, the social value of protest, limitations on the right of ownership of private property, public influence over private property and who is the guardian of the public interest.”

Morgan said AWARE Simcoe considers that voting in elections is just step one in the democratic process. Just as business groups monitor public proceedings and seek to persuade politicians to further their interests, so too must citizens’ groups remain engaged between the vote.

“We will continue to monitor county and local activities and raise questions on issues of transparency or any jeopardy to the protection of our water, natural heritage and farmland resources,” Morgan said.

Ultimately, the judge found that it was a mistake for councillors absent from the hearing to vote on the decision, but she found that their presence did not change the outcome of the decision. Latitude was given to the county to control its own procedural process and ro the developer to deal with its property as it so chose.

“We recognize that the Beeton Woods are privately owned,” Morgan said, “but that’s the situation for most of the forest in southern Ontario – so we look to property owners to recognize the interest of the public and future generations when they make management decisions, and to the county to have robust protection in place for forests.”

Text of decision Aware Simcoe v County of Simcoe