Ontario Logging Road Construction Runs Into Judicial Roadblock
© Environment News Service (ENS) 2000
October 27, 2000
TORONTO, Ontario, Canada, October 27, 2000 (ENS) - A judge has ordered the postponement of a proposed logging road through a southern Ontario provincial park.
This summer, the Northern Bruce Timber Company was hours away from being given approval to begin construction of the road through Bruce Peninsula National Park.
Sierra Legal Defence Fund, supported by two native bands and the group Wildlands League, obtained a temporary injunction against construction.
This week Judge Nancy Backhouse of the Ontario Superior Court ordered a provincial environmental assessment for the road, postponing construction indefinitely.
The Bruce Peninsula National Park was created in 1987 and contains 31 nationally endangered, threatened or vulnerable species, including the red shouldered hawk, spotted turtle, Eastern Massasauga rattlesnake, dwarf lake iris and Kirtland's warbler.
Located at the northern end of the Bruce Peninsula, the park contains a significant portion of the Niagara Escarpment, recognized by the United Nations for its global environmental importance as a Biosphere Reserve.
The park is still in the process of acquiring land. When complete it is expected to measure 140 square kilometres (54 square miles).
The proposed logging road would have provided the Northern Bruce Timber Company access to an area of large white cedar. The cedar forest, located adjacent to the provincial park and within a study area earmarked to become part of the park, is part of the largest winter deer yard on the northern Bruce Peninsula.
The Wildlands League, Chippewas of Saugeen First Nation, and Chippewas of Nawash First Nation, argued that the road and white cedar logging would fragment the forest and harm wildlife habitat.
Jerry DeMarco of Sierra Legal Defence Fund, acting on behalf of the Wildlands League, and both first nations groups, said they had hoped to avoid court action. "But with provincial minister Newman and federal minister Anderson both failing to act, we were left with no choice."
The groups had appealed to environment ministers Dan Newman and David Anderson to order environmental assessments.
Chief Ralph Akiwenzie of the Chippewas of Nawash said that "the victory in court is satisfying, but we have to question the federal ministry of environment's silence on this issue.
"We asked Minister Anderson to step in and require a more stringent federal assessment several months ago, and we still haven't received a response from him."
Chief Randal Roote, of the Chippewas of Saugeen said, "the Chippewas of Saugeen pursued legal action when it became apparent that was the only way to protect the deer and other wildlife in the affected area.
"As we've seen in recent events in Walkerton, the protection of the environment is key for the future of all people."
E. coli bacteria was distributed by the Walkerton water supply utility in May, killing seven people and infecting 2,000 others in Walkerton, a town of 5,000 people 90 miles west of Toronto. Ontario's Environment Commissioner Gord said a "confused patchwork" of laws and policies on protecting groundwater was probably at the root of the poisoning.
Lara Ellis of the Wildlands League applauded the Superior Court for acting in the public interest. "When will we see federal Minister of Environment David Anderson do the same?" she asked.