Environmental groups apply for court order to prevent construction on Pickering wetlands

Environmental groups opposing a development project on protected wetlands in Pickering have filed a court motion in an effort to prevent the start of construction.

The Ford government issued a regulation on March 4 requiring the Toronto Region and Conservation Authority (TRCA) to give permission to Pickering DevelopmentsInc. to begin development of a distribution and production facility onwetlandssurroundingLower Duffins Creek by March 12.

The wetlandsare located south of Highway 401, near Pickering's border with Ajax.

Environmental law charity Ecojustice has now filed a motion to stay that order with the Ontario Divisional Court on behalf of Environmental Defence and Ontario Nature, with the goal of stoppingconstruction before it starts.

The TRCA'sboard of directors said in a statement they were being forced to issue the construction permit "under duress."

"TRCA's Board of Directors and staff, using a science-based approach to decision making and TRCA's living city policies, would ordinarily decline permission of such a permit," the statement said.

The TRCA said the province's order "conflicts with TRCA's mandate to further the conservation, development, and management of natural resources in watersheds within our jurisdiction."

Government changing rulesto bolster case againstlawsuit

Municipal Affairs and Housing Minister Steve Clark issued aMinister's Zoning Order (MZO) in October to fast-track a distribution centre and production facility on the wetland. MZOsallow the minister to override local zoning rules.

In response, Ecojustice lawyersfiled a lawsuit against the Ontario government on behalf of Ontario Nature and Environmental Defencearguing that the MZO was used in violation of Ontario'sPlanning Act.

On March 5, the Ford government proposed a retroactive change to provincial law to nullify theclauses in the Planning Act that limitthe scope of MZOs. A provincial document assessing legal risks to the Duffins Creek project obtained by CBC News suggested that the amendment would help to shield the government against the lawsuit from environmental groups.

The amendment was tabled as part of an otherwise unrelated bill on expanding broadband access in rural areas.

Little known aboutthe development, says Ecojusticelawyer

Ecojustice staff lawyer Laura Bowman said the motion to stay was filed on the grounds thatthe MZOissued by Minister Steve Clarkmay be unlawfuland that starting construction could lead to the irreversible destruction of the wetland.

"It's really an unfairness argument," Bowmansaid.

"It would be unfair to allow the developer to rely on potentially unlawful zoning to go ahead and permanently destroyimportant natural heritage features, including a provincially significantcoastal wetland that might be irreplaceable, when the court hasn't fully determined whether it is lawful to do so."

She said there is still little known about the development.

"There have been no drawings of it publicly released;there has been no public meeting," she said.

Bowman addedthe only details they have is that the developer intends to build a warehouse between 850,000 and 4 million square. feet.

"What exactly is it that they are in such a hurry to do?We don't know what it is.That suggests to me that the true purpose of getting the TRCA permit is just to remove the natural features."

Bowman said the hearing for the stay motion is on March 15 and the outcome should be known within a few days.