The week started back in provincial court
on Monday as Justice Bonnie Wein’s one week reprieve for the protestors came
due for final arguments. This time it was Justice Douglas Gray that would be
hearing the case, sitting before another packed courtroom of friends and
supporters of the occupiers of the land upon which the city wants the future
HCBP to sit.
So walking into court Monday morning, as
they had only six days early, many were wondering if this moment would indeed
mean the protest’s end. But the system surprised once again as Gray reserved
his decision to grant the City's injunction until his written decision was
delivered to attorneys on both sides at the end of the week. Justice Gray also
upheld the conditions put down by Justice Wein in her decision the week before,
but the protesters had to allow the city to do
additional repair work such as removing log barriers and filling in trenches
dug by the protesters that obstructed vehicles from entering the site.
Basically it came
down to our old friend the Jefferson Salamander. Amongst the evidence presented
was a correspondence from the Ministry of Natural Resources in May and July
that recommending the City not proceed with construction until further
examination was done for the presence of the salamander’s habitat following the
discovery of a hybrid salamander on the site in April. Ian Hagman, Guelph district manager for the Ministry of
Natural Resources, as a witness for the city, testified that no legal action
was taken to stop the city from doing construction on the site. Basically, without
knowing the exact spot of the salamander's habitat, the Ministry's hands were
tied. The Friday before this latest court appearance, the HCBP protesters
through their attorney filed their own motion of injunction against the city
claiming that their environmental assessments weren't extensive enough.
It was Thursday
morning when Justice Grey delivered his decision, and while the city’s
injunction to have the protesters removed from the HCBP site was upheld, so was
the protestors injunction to stop construction and giving the Ministry of
Natural Resources 30-Days to decide if its going to issue a stop work order on
the site. True, it was one of those rare cases in life where everybody wins,
but the victory was immediately taken up by the protesters and their supporters
as a sign that you can beat City Hall. “So it would seem that we beat them at
their own game,” said a message from the Facebook group ‘Save Our Old Growth
Forest.’ “[This means] that work at the HCBP cannot continue for 30 Days! 30
days ahead brings us to September 13, just two days before the city's deadline
to have work completed. It has set this deadline in order to comply with
restrictions around fisheries and habitat protection.”
The City did its
own spin on the day’s events though. “The City was successful in obtaining an
injunction to keep people from trespassing and interfering with construction
activities in relation to the Phase 1 lands,” said a press release issued later
on Thursday. The mayor added, "We're pleased with Justice Gray's
decision," said Karen Farbridge. "It sets the stage for more
constructive dialogue with MNR in the coming month and beyond." The press
release continued by saying that the city takes its responsibilities seriously
and that they look forward to continuing a dialogue with the MNR.
On Friday, the
protesters left as peacefully as when they arrived. In summation they noted on
the HCBP occupation blog the circumstances of their last morning there. “Today
was a hot day, and after camp was taken down, a few of us had a special dip in
the creek, saying our goodbyes and humble gratitudes to this sacred place. The
blue heron circled around the meadows as we hung around the front gate, and as
much as we will miss this place, it feels great to give the heron its home
back.” The question is though: for how long? (Not) The End.
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