[All] Strasburg Road Technically preferred alginment

Thu May 23 23:41:03 EDT 2013

Hi folks

There are many opportunities still left to procedurally kill the road.

This is a Class EA schedule C process. You are now officially in position to file a Part II order request with the Minister of Environment.  The public needs to ask questions about this project...LOTS of questions and make formal demands to end this project. By law the proponent and/or ministry must respond to those concerns and the minister has the power say no to this project if there is enough public demand to end this. Here is the guidelines on how to write a Part II order request.  

http://www.ene.gov.on.ca/stdprodconsume/groups/lr/@ene/@resources/documents/resource/stdprod_082314.pdf
One of the points that people need to mention in the Part II order request is this: Clearly the OMB and MNR are violating federal laws by thinking they can get away using discretionary powers to circumvent the Species at Risk Act to destroy forested areas in proximity to critical habitat of rare species.  Ecojustice won a case in BC to protect Killer whales over a similar issue where the Department of Fisheries used discretionary powers to tap away at critical habitat. Ecojustice
took them on in the Supreme court and won. This means all habitat must be protected for threatened and/or endangered species. There is no exception to the rule at any level of government.  Details on the whale case is here:  http://www.ecojustice.ca/media-centre/press-releases/appeal-court-decision-affirms-protection-for-killer-whales

If IN SPITE OF BEING NOTIFIED of the Killer Whale ruling, the MOE STILL approves of this road, you can form a non profit group, get Ecojustice to support you and sue them in courts. Here's some good ammo to make it an easy case. The MNR Ontario's website states on their own website: In parts of southwestern Ontario, over 90% of the original wetlands are 
gone. These are among the highest recorded losses of wetlands anywhere 
on Earth.

http://www.mnr.gov.on.ca/en/Business/Biodiversity/2ColumnSubPage/STDPROD_068977.html
All it takes is one person and/or group to raise that quote in a court of law to prove that even in the MNR's own view, the system is FAILING to protect these habitats! 

If known habitat or specimens are to be destroyed they need a kill permit using the Endangered Species Act, section 17 part 2 section c. It must be posted up on the Environmental Bill of Rights Registry where the public has the chance to give comment. If the project does not secure a net benefit for the species, they can deny the permit and kill the project. The registry is on-line here and you can time in name of animal or name of municipality to view the request: http://www.ebr.gov.on.ca/ERS-WEB-External/ 

Personally, I'm beyond fed up with the blatant lack of regard for compliance in Waterloo Region. I've witnessed it for too many years and I am convinced corruption is too deep at the provincial level to influence changes unless something absolutely extraordinary happens. The courts offer more hope than the OMB in my view. It is by far a more equitable system that gives more rights to participants. Either way, if folks are serious about wanting to kill this project they should consult with staff at Ecojustice for advice on how to proceed from here. 

Currently I am one of 78 delegates accepted to participate at the Enbridge LIne 9 B hearings and right now I have to focus my energy on that for now. 

So, Part II order: Get folks to submit that. That's the the next reasonable procedural step to take. 

Best of luck

Lulu 

________________________________
 From: Ginny Quinn <ginny at kw.igs.net>
To: 'Yvonne Fernandes' <fonka25 at hotmail.com>; 'Bob Mccoll' <bob at rmccoll.com>; all at gren.ca 
Sent: Thursday, May 23, 2013 10:50:59 PM
Subject: Re: [All] Strasburg Road Technically preferred alginment

Yvonne....what a heartbreak for you  after 11 hard spent years  of your protective stance of this  degradation of our future.  We MUST   go after the province  to  change  the rules of ZONING...   (and I believe Catherine Fife might  be the singular  politician who would  understand   the importance of the pushing of   changing the ‘rules  currently in place’)  because she has worked with us  on the environment   many years ago. ELIZABETH   WITMER   was the MINISTER OF HEALTH   (Thank God)   when we were fighting to SAVE ST. MARY’S HOSPITAL  at that point in time.....and now  
  Catherine who  was  environmentally  involved  in the “west  side lands”  on Wilmot Line  at that time, has some potential  power or  say   in the Province ;  it’s the   1980 zoning  of  allowing  development  at what’s happening  there  now.!!!!!!  (and this OLD  zoning  must be  called to a halt. )
OLD   ZONING  should be treated as OUTDATED   (I suggest)  after 5 years  if it  HAS NOT YET BEEN ENACTED  and it should be looked upon  as rezoning  with CURRENT   discoveries?  Updated Environmental  Information?!!!!  
I spoke briefly with Catherine about this    some time ago   but not in detail...she will be willing to meet with us   sometime  if   we can arrange a time  and place.  (probably her office  with pertinent  details  and information  and examples...some of which  she will have from the past) Let’s do it  sometime  soon  in an organised manner,   Kevin T.,  E and Deb  and E and M   Frind  plus  John  J.   Etc. Etc.     I couldn’t be there for the meeting at city hall  council  but I knew  this was where it was heading......from  OLD ZONING and current rules.   Damn  Damn    and  DOUBLE DAMN!!!  I’velearned  by now.....YOU WIN SOME, YOU LOSE SOME...   doesn’t make it any easier  when  it happens.   Hugs    Ginny

From:All [mailto:all-bounces at gren.ca] On Behalf Of Yvonne Fernandes
Sent: May-21-13 9:52 PM
To: Bob Mccoll
Subject: Re: [All] Strasburg Road Technically preferred alginment

Hello Everyone,
Tomorrow night Wednesday May 22 at 6pm the Special Council meeting will have a presentation on the new technically preferred alignment. This is the last opportunity citizens will have to make their concerns know about this road.
The present cost is $35M and that is not considering some of the mitigation for the wetlands and the destruction to the Provincially Significant Wetland. 

Presently the road has been moved much further west and I beleive that there are a number of people who are pleased with this new option especially the person who owns 500 Stauffe- also know as Monika B&B. 
One of the concerns that has been identified at the last public meeting is that the northern portion of the road has not had the proper Environmental Assesment done on it .
As well by approving this road before the full Environmental Impact Study is completed and approved in October by Council we may be putting the cart before the horse! As well the development industry is pushing for the road to go further east where the implications and the cost will be higher. The lands that surround the road are part of the Ontario Muncipal Board appeal that the Region of Waterloo is still involved in and has been in the news alot in the past month. 

Please take the time to come out and listen to what is being presented. If you feel that you wish to speak out about the road there is usually an opportunity to once all of the delegations have presented for people in the gallery to come forward.
I hope to see all of you there and certainly the time to bring your friends and neighbours who have also expressed concerns about this road! This is an important opportunity.
Kind regards,

             Yvonne Fernandes                   
"Never doubt that a small group of thoughtful,committed people can change the world, indeed it's the only thing that ever has." Margaret Mead

 Follow your dreams of a better world, and keep on trying, even when there seems to be little hope, because it is the right thing to do." Robert Alan 

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