[All] Fw: Hallman Pit ZCA-11-19 Treaty laws & comments

Tue Apr 12 12:17:37 EDT 2022

 Hi folks
My letter to council here. I give them a brief tour of the hell they're creating and I am encouraging them away from that path. 

Lulu 

   ----- Forwarded Message ----- From: Lanteigne <water.lulu at yahoo.ca>To: les.armstrong at wilmot.ca <les.armstrong at wilmot.ca>; angie.hallman at wilmot.ca <angie.hallman at wilmot.ca>; barry.fisher at wilmot.ca <barry.fisher at wilmot.ca>; jeff.gerber at wilmot.ca <jeff.gerber at wilmot.ca>; jennifer.pfenning at wilmot.ca <jennifer.pfenning at wilmot.ca>; Regional Councillors <regionalcouncillors at regionofwaterloo.ca>; ricke at tricitymaterials.ca <ricke at tricitymaterials.ca>; Tim.Louis at parl.gc.ca <tim.louis at parl.gc.ca>; Minister (MMAH) <minister.mah at ontario.ca>; attorneygeneral at ontario.ca <attorneygeneral at ontario.ca>; Doug Ford <premier.correspondence at ontario.ca>; Andrea Horwath <ahorwath-qp at ndp.on.ca>; mikeschreiner at gpo.ca <mikeschreiner at gpo.ca>; info.leader at ontarioliberal.ca <info.leader at ontarioliberal.ca>; info at hdi.land <info at hdi.land>; info at ProtectTheTract.com <info at protectthetract.com>; info at saveourwater.ca <info at saveourwater.ca>Sent: Tuesday, April 12, 2022, 12:12:47 p.m. EDTSubject: Re: Hallman Pit ZCA-11-19 Treaty laws & comments
 Hello everyone
My name is Louisette Lanteigne and I would like to provide comment for the Wilmot Township zoning application ZCA-11-19 which was overwhelmingly opposed by concerned citizens and the Township last night by way of unanimous vote.
I was a delegate of the public hearings and submitted written comment regarding this project where Jackson Harvest Farms proposes to rezone approximately 57ha to allow a gravel pit operation, as well as permission to import concrete and recycle asphalt.
Let it be known that this project may be subject to a tribunal process and as such the tribunal will review all communications regarding this project including this letter so I provide this to Wilmot Council, to Waterloo Region and to the Provincial Tribunal representatives, should it be invoked, to assure no plausible deniability on the part of the governing bodies in regards to this project and it's potential ecological and Treaty impacts.

The Haudenosaunee Chiefs declared a development moratorium across the entire Haldimand Tract 10km both sides of the Grand River.  Leaders say construction within the Grand River watershed can’t proceed without their consent after developer filed a $222-million damages claim. You can read the statement of claim online.
 https://www.aptnnews.ca/national-news/haudenosaunee-chiefs-declare-development-moratorium-across-entire-haldimand-tract/
Being Acadian, I know the claim of the developer will not hold up in court because I am of the unceded Nations that dwell within the area people call Canada. My Acadian nationhood was recently confirmed in an affidavit by Warren Perrin and a formal apology was issued to my people by way of Queen Elizabeth and Canada's Governor General for the illegal deportation we suffered at the hands of the King Solomon Lodge 54 Freemasons who's members included Edward Cornwallis, Charles Lawrence and Lord Jeffrey Amherst who brought the illegal deportation and genocides from Acadia to Standing Rock. You can read the history in their own words online at this website. 

https://www.kingsolomonlodge54.com/history/freemasonry-nova-scotia/history-of-freemasonry-in-nova-scotia-chapter-2-the-first-provincial-grand-lodge/

My unceded Acadian Nation is confirmed by US, UK and Canadian court systems as well as Treaty of Utrecht, UN and the Vatican. (see attachments) We are an internationally recognized nationhood and linked to Jersey economically. My family are the kin of Henri Membertou, Tomasso Di Savoie and Charles Robin's family of the Charles Robin Jersey Fishing company. We remain an unceded Metis Acadian people and the middle chief lines. The Haudenoshonee also remain unceded people and I value and recognize them in good faith as the people with the Crown recognized duty to protect these lands and waters in perpetuity.

This video statement was approved by the Haudenosaunee Confederacy Chiefs Council on March 5, 2022. The video gives NOTICE to the following-No person, who is not a resident of the territory, shall deposit waste of any kind on the territory 
-No person shall, for profit or hire or commercial gain, operate a waste facility on the territory which accepts or imports waste of any kind from outside the territory.  
-No person for profit or hire transport or import any waste into the territory.-no person shall deposit waste or soil in a way that adversely affects wetland areas, fish habitat, waterways, landscape, or the health of others.-These principals have been adopted as a matter of protection of the land and environment of future generations. 

https://www.facebook.com/ProtectTheTract/videos/1036722303869004/?extid=NS-UNK-UNK-UNK-IOS_GK0T-GK1C

With that said I would also like to provide personal comment, in good faith, to provide insight to prevent the need of a Provincial Tribunal hearing for all sides. I have been a water advocate for over 20 years, working pro bono using the Ontario Municipal Board, National Energy Board and Canadian Energy Regulator tribunal processes and I've navigated these quasi jurisdictional systems for many years and won concessions and stopped bad projects repeatedly.  I know how to use these systems effectively and my work is archived at Wilfrid Laurier because of this. I am deemed an expert on these kinds of public processes. Louisette Lanteigne fonds - Laurier Archives

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Louisette Lanteigne fonds - Laurier Archives

The fonds consists of correspondence, documents, reports, and other material created and accumulated by Louisett...
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One of the results I had, as a delegate of the NEB Enbridge Line 9B hearing, involved the placement of new valves along the navigable water ways. Enbridge wanted to reverse the flow of oil from Montreal to Sarnia the go the other way from Sarnia to Montreal. The pipe was installed in the 1970's and was not up to code with the Navigable Water's Act that mandates duel valves. I told them with one valve and the reversal of flow all the valves would be on the wrong side to stop a spill in these rivers. The board agreed with me and the delay to install the mandated valves cost Enbridge $609 million dollars. 
https://financialpost.com/commodities/energy/enbridge-inc-reports-609-million-loss-as-charges-line-9-pipeline-delay-take-toll

When I look at, what is in my opinion, the shoddy data of this project I see no critical habitat delineation, no regard for salt mitigation or mitigation for the petrochemicals of the asphalt they want to recycle. I see no regard for climate change risks or even the delta water levels of spring thaw. This project is based on past data without regard to known emerging risks. The engineers doing, what is in my view, the shoddy work have no liability because the ones who hire them assume the risk when they sign off so when issues happen it is the engineers who stand to profit off correcting the mess they make and it is the company who has to pay for them. It is our Region or private citizens who have to pay to fix the wells when things go bad.  If I were the quarry operator or the Region or Wilmot Township I would demand a blank check from the engineering firm for the total cost of their services and if issues happen as a result of their shoddy work you should cash that check. We need to hold these people into account for the work they produce.Make it mandatory. 

In my view the tribunal is the acknowledgement of a failed public process. It is either the failure of the applicant to accept the will of the people and local council or it is the failure of council to reasonably reflect the will of the people. Either way, it is fundamentally a communications issue that would be better addressed by way of using science and mediation rather than to subject all sides to potential punitive cost damages because the tribunals cost money for everyone regardless of what side you are on. 

The costs of a quasi jurisdictional tribunal is bound to legal fees and experts needed to prove the claims as well as copy fees, administrative costs, costs of consultation and hours lost required to advance the process.. It costs by way of delays that form requiring further data repeatedly to make up for the staggering lack of info and shoddy work already done. 

The exploitation here is that the Province and the proponent is putting the burden on the public and on the municipalities to prove the risks which the so called experts should have already identified. This process is exploiting the public to do the job the experts should have done already. The problem is, there is no economic incentive for the engineering firms to do the right thing and say it's a bad location for this project. That is the truth.

Delegates themselves often lack expertise but if they are experts it could be deemed scientifically biased to represent oneself at a hearing but that interpretation denies experts, working in good faith, to protect the public interests they see and it hampers their own democratic freedoms to use their own God given skills for the public good. This chill was a viewpoint that emerged and was amplified during the time Stephen Harper was in office. As a person who used these quasi jurisdictional processes I would frequently go to the experts who I saw voice their concerns in council and ask them to provide me with their affidavits to assist me at the OMB. Their answer was no because many feared loosing their professional reputation. Some were dependent on the academic funding linked to the same firms they were opposing in council so they were essentially prohibited from participating without fear of fiscal or professional duress. I hired a solicitor for OMB appeal PL071044 regarding the West Side Lands to find out how I could work around this issue. That is when I learned I had the lawful right to summon these same experts who I knew had data relative to the case but who refused to willfully provide me with their affidavits.Those summons helped me win my concessions. I didn't have to pay for them to do the consultation or to write the affidavit thanks to the summons process. These people willfully gave expert opinion via the public process and the summons was simply to allow them a way to professionally explain their own viewpoints outside of academic or professional duress to allow the tribunal of Ontario to access expert opinion on the matter upon which they formed their decisions.   

I have seen many engineering firms who produced very shoddy data which lacks regard for proper bore hole depths, test times, methods or regard for sediment type, 12 month creek studies or proper surveys for endangered species. People think doing audio tests for frogs will rule out proper studies for salamanders but salamanders have no vocal cords. They breathe through their skin. It takes proper non-lethal study methods to accurately assess what species exist in a given area using proper test times and methods.  These are Province wide issues being repeated and the Province needs to reasonably comply with the Federal Endangered Species Act and with it's obligations to the UN Convention on Biodiversity and the Ontario Fish and Wildlife Conservation Act as well as provisions in section 2 in the Provincial Policy Statement and the ROPP. I have seen repeated failures in these areas for decades. It is not unreasonable to state we need mandatory test times and methods to mitigate the risks. We also need critical habitat delineation and the full implementation of these laws. Provincial laws won't work unless everyone, including Proponents, the Region and the Province works in compliance to them.
In my honest opinion, the prospect of securing a rezoning here is very poor. The data against it is overwhelming. If I were the proponent, I would protect my own company and employees and their families and abandon this project right here before it builds further costs. Only the engineers and consultants stand to profit from it and, in my view, they probably know it's the only way they can continue to make money off this boondoggle. For everyone else it's a waste of our personal funds, tax dollars and time. I am doing this in good faith to simply save everybody from a costly grief that can and should be avoided. 
Do not appeal. Accept the will of the people and keep on keeping on. 

Yours in good faith. 

Louisette Lanteigne700 Star Flower Ave.Waterloo OntN2V 2L2 

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