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Quarry battle over opponents say - Wed.,Mar. 27, 2013
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FORCE ready to celebrate quarry victory - Thurs., Mar. 14, 2013
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My View: The community that could
Newsletter
IN RESPONSE TO TORONTO STAR ARTICLE
"Cement company seeks $275M in compensation over scuttled quarry"
FORCE learned today in a Toronto Star article that St Marys Cement has filed a NAFTA suit. We are disappointed, but not surprised, by St Marys Cement’s decisions to challenge two of the Province’s decisions regarding the proposed St Marys Cement Flamborough quarry. Those decisions are a Ministerial Zoning Order to freeze the current zoning on the property, issued in April 2010, and a Declaration of Provincial Interest before the Ontario Municipal Board, in April 2011. We understand now that the company has filed a NAFTA suit in addition to a filing of a notice of application for judicial review in the Ontario Superior Court of Justice.
Our Communities obviously disagree with the company’s interpretation of events and suggestions that the provincial government’s decisions were made inappropriately or for improper purposes.
- It is clear that this proposed development has been under review for over 7 years.
- Staff and elected officials in Hamilton, Burlington, Milton and the Region of Halton, as well as their Officers of Medical Health, objected to the proposed quarry, as did other public agencies such as Conservation Halton, the Niagara Escarpment Commission, the Hamilton Wentworth District School Board, MNR and MOE. Indeed, they have all recently reconfirmed their objections.
- More than 1200 area residents formally objected to the proposal.
- Opposition to the development crosses all political parties, including MPP Ted Chudleigh (PC - Halton), MPP Andrea Horwath (Hamilton Centre/Leader of the NDP), MPP Ted McMeekin (Liberal - Ancaster-Dundas-Flamborough-Westdale), and MP David Sweet (PC - Ancaster-Dundas-Flamborough-Westdale)
- The Province made a decision to freeze the zoning on the property that appears to, in part, reflect on those stakeholders’ positions.
- As the company pursued its interests before the Ontario Municipal Board, Hamilton, Milton and Halton made decisions to participate formally as parties in the hearing to represent their concerns. They requested that the Province declare a Provincial Interest in the proceedings. The Province made a decision to declare a Provincial Interest to the Board.
To make an accusation that the reasons for the provincial decisions was for other than the fact and science based concerns related to the project appears to be disrespectful to all the private and public professionals who have evaluated the project, to date, and have made a professional decision to recommend that the project should not proceed.
We do not believe that the company has exhausted its appeal rights before the OMB.
St Marys Cement has chosen, however, to adjourn the OMB hearing and to escalate the situation moving the matter to the courts and now to a NAFTA tribunal for consideration. This is not the first time that the company has not respected and listened to the positions and decisions of involved governments and stakeholders. St Marys Cement is continuing to act in its own self interests.
The clear message to our Communities is that it’s not over...yet.
Our legal team will review the recent filings and provide our Communities with their best advice.
We will not be bullied and intimidated from advocating to protect our communities. There is too much at stake: our drinking water, precious natural features, local farms and food production, road safety, schools, and our way of life.
We must stay engaged and continue to represent our communities’ interests until this proposed quarry is stopped!