Groups sue federal minister of environment for failing to conduct an impact assessment on the Bradford Bypass

Red-headed Woodpeckers© Eva Huntley (CNW Group/Ontario Nature)

Federal decision-making at the heart of concerns is a dangerous precedent

BRADFORD, ONTRADITIONAL TRADITORIES OF MANY FIRST NATIONS, INCLUDING THE WENDAKE-NIONWENTSO. ANISHINABEWAKI. HAUDENOSAUNEE. AND THE MISSISSAUGAS of THE CREDIT FIRST NATION, March 16, 2022/CNW/ Monday, March 14,^ThSeven community and environmental organizations filed a Federal Court lawsuit against the federal Minister for Environment and Climate Change. Steven Guilbeault. The suit challenges the Minister’s failure of designating the Bradford Bypass highway project for federal impact assessment.

Two organizations had previously requested a federal assessment of the proposed Holland Marsh Highway (or Bradford Bypass) that would cut through the Greenbelt and Holland Marsh provincially important wetland. It would also cut through the Greenbelt and the headwater rivers at South Lake Simcoe. Both requests were turned down by the federal government. The government rejected the second request.

The federal government must be held responsible for properly reviewing the impacts of the highway. This is essential to understand the full effect of the project’s impact on wildlife and habitats in the area. We need to better understand the impacts of the proposed highway on natural heritage, migratory birds and fisheries, greenhouse gases emissions, air quality, and First Nations cultural history.

“The second request noted significant changes to the context” of the project, notes Bill FosterChair of Forbid roads over green spaces (FROGS), said that there has been a decline in support for the project and a weakening provincial Environmental Assessment process, which fixes the route based only on 1997 information. MTO is not required to look at reasonable alternatives or alternative locations for the highway. We expected that the federal government would intervene due to the serious effects on the fish in Lake Simcoe.

Minister Guilbeault decided, despite new evidence and strong alignments with the federal mandate for biodiversity protection and climate change mitigation, not to designate the highway to an impact assessment. This was in keeping with the previous minister. These groups claim that Minister Guilbeault’s decision wasn’t based on evidence but was unreasonably deferred by the previous Minister.

“There are errors in fact in the Minister’s decision that cannot go unchallenged,” says Tim GrayEnvironmental Defence “For the sake Canada’sWe must ensure that destructive projects such as bulldozing an interstate highway through one of our communities, do not have an impact on the environment or the communities that depend on it. Ontario’sThe largest wetlands receive a thorough and proper review.

“Federal Impact Assessment can be an important safety valve role by ensuring that all environmental impacts are assessed before a project moves forward,” says Ian Miron, lawyer, Ecojustice. “It is vital that the Minister takes into account all federal impact assessment requests on their merits. OntarioThe government has recently changed its environmental assessment laws and policies. The Bradford Bypass has been exempted from any meaningful assessment or public consultation, despite potential severe impacts on Lake Simcoe and the Holland Marsh.

The province of OntarioJust released a Transportation PlanThis would effectively wrap Lake Simcoe’s south east side in highways. “We already know that highway crossings cause salt hotpots to our freshwater rivers. Lake Simcoe has a 37-year plan to reach ocean salinity. This is extremely alarming for our members. We need all levels to do better. We need to know that the federal government will step up when their areas of jurisdiction, such as endangered species or climate, are negatively affected.” says Rescue Lake Simcoe Coalition Executive director. Claire Malcolmson.

“The federal government claims it is committed to mitigating climate changes and halting the accelerating loss biodiversity. These are empty promises? Dr. Anne BellDirector of conservation and education at Ontario Nature. “The necessity for an impact assessment is painfully evident in this instance. It is a no-brainer if government stands by evidence-based decisions-making.”

Katie Krelove, OntarioWilderness Committee’s campaigner says that the federal Environment Ministry has agreed to perform an impact assessment of Highway 413 based upon the presence Red-headed Woodpeckers and other endangered species. The Bradford Bypass route is habitat for endangered species. So why was it rejected for assessment. These decisions should be based upon science and not politics. This sets a dangerous precedent. We are taking this matter to court.

FROGS (Forbid Roads Over Green Spaces), Rescue Lake Simcoe Coalition Ontario Nature, Western Canada Wilderness Committee Wildlands League Wildlands League Earthroots and Environmental Defence represented by Ecojustice are the parties in the litigation.

About

EcojusticeUses the power of law to defend nature, combat climate changes, and fight for a healthy planet. Its advocacy and strategic, public interest lawsuits lead to precedent-setting court cases and law and policy that provide lasting solutions. Canada’s most urgent environmental problems. As Canada’sEcojustice is the largest environmental law charity. It has offices in Vancouver, Calgary, Toronto, Ottawa, Halifax.

Environmental DefenceThe Canadian Environmental Advocacy Organization is a leader in Canadian environmental advocacy. They work with government, industry and individuals to protect clean water, a safe environment, and healthy communities.

Forbid Roads Over Green SpacesEast Gwillimbury residents formed an association in 1993 to protest the Bradford Bypass EA Study. We have challenged this project at every step of its EA process, documenting our serious concerns regarding the integrity of the entire process and its findings.

Ontario NatureProtect wild species and wild spaces by education, conservation, public engagement and public engagement. Ontario Nature, a charitable organization, has more than 35,000 members and supporters. It also has more than 1555 member groups. Ontario. Ontario Nature has been a champion of the environment since it was founded in 1931 as the Federation of Ontario Naturalists. Our vision is simple: An Ontario where the natural world inspires and sustains all generations.

Rescue Lake Simcoe CoalitionThe Lake Simcoe Watershed Association is a member-based group that represents 39 groups. It provides leadership and motivates people in order to protect Lake Simcoe.

Wilderness CommitteeProtects life-giving biological diversity CanadaThrough strategic research, community mobilization and grassroots public education

Wildlands LeagueIt is one of Canada’spreeminent conservation groups. We are a charity not for profit that has been working in behalf of the public interest since 1968. Its roots lie in a campaign to protect endangered species. Algonquin ParkFrom development. We are strategists, policy specialists and communicators who stand up for wildlife and work with communities. We combat irresponsible developments that threaten precious wildlife habitats, lakes, and rivers. We give voice to Canada’sNature to ensure at least half of the country remains protected forever for our children, for climate change and for the planet.

SOURCE Ontario Nature