Hundreds who live near AIM scrapyard want a voice in review of order to suspend work

A Saint John community group argued in court Thursday that it should be allowed to present evidence in a legalcase over whetherthe provincial government'sdecision to shut down a controversial scrapyard was fair.

Members of the Saint John Community Coalition have been negatively affected by the operations of American Iron &Metal's scrapyard for years,said Sarah McDonald, the coalition's lawyer.

As a result, the group shouldbe granted intervener status in the company's attempt to overturn the provincial environment minister's decision to suspendits approval to operate, following a days-long fire at the site, she said.

"Since the minister suspended AIM's approval, and subsequently decided that AIM is not eligible to renew that approval, AIM has not been able to operate its scrapyard and so all negative impacts on [the coalition's] directors and members has ceased," said McDonald, speaking to Court of King's Bench Justice E. Thomas Christie.

"Of course, should AIM's approval be renewed or otherwise reinstated, those impacts would likely reappear, which is incredibly concerning to our client."

The coalition, formerly known as Livable Saint John, has applied to be an intervener in AIM's application for judicial review oftwo separate decisions by the province that left the company unable to operate its Saint John scrapyard in the wake of a fire at the site last year.

The Sept. 14 fire burned in a pile of scrap metal for 40 hours, sending a toxic cloud of smoke over the city and prompting a shelter-in-place advisory.

Days after the fire,Gary Crossman, who was environment minister at the time,suspended the company'sapproval to operate. Public Safety Minister Kris Austin later revoked the company's salvage dealers' licence for thesite.

More recently, Environment Minister Glen Savoie rejected an application by AIM to renew its approval to operate the site, which expired in April.

AIM is now pursuing a judicial review of those decisions, arguing the province acted unfairly.

Appearing on behalf of AIM on Thursday, lawyer Robert Brush argued the Saint John Community Coalition should not be granted intervener status, as its members have no specific expertise to offer on whether the former minister acted improperly when he suspended AIM's approval to operate.

"You are not being asked to decide whether AIM should continue to operate. That's for the minister and AIM's regulators to decide," said Brush, addressing Christie.

"You will decide whether the minister followed a process that was procedurally unfair."

Intervener status would allow the coalition to present evidence as part of the judicial review proceedings between AIM and the provincial government.

McDonald said that evidence will largely show the impact the scrapyard has had on nearby residents for years, up to and including the fire, and that the environment minister considered those impacts as part of his decision to suspend AIM's operating approval.

Brush, however, argued the judicial review isn't the appropriate place for the coalition to intervene.

He said if the review goes in AIM's favour, AIM will not automatically be granted operating approval.Rather, the minister will have to reconsider AIM's request for a new operating approval based on guidance from the court.

He said the Clean Air Act offers the minister the discretion to consult the public as part of the approval process, which he argued would be a more appropriate venue for the coalition.

"[The coalition] wants to put the focus on AIM and make submissions on why AIM's approval to operate should not be approved," Brush said.

"But the application before you is actually on the conduct of the government."

Christie reserved his decision on whether to grant the coalition intervener status, and instructed the parties to return to court in two weeks.