Ontario court finds province broke law on lack of public consultations
An Ontario court has found the provincial government broke the law by failing to adhere to the Environmental Bill of Rights.
Several environmental groups brought forth applications for judicial reviews over the province's alleged failure to consult with the public before enacting the COVID-19 Economic Recovery Act.
Late last year, the province opened up consultations to the public months after the passage of Bill 197 last summer.
The Superior Court of Justice says the minister of municipal affairs acted "unreasonably and unlawfully" by consulting with the public months after it enacted changes.
In a statement, a spokeswoman for Municipal Affairs Minister Steve Clark said the government was forced to act quickly "in the face of a rapidly changing pandemic."
"The ministry consulted with the public after Bill 197 was implemented, and continues to do so, with a clear commitment to take the public's input into consideration whenever an enhanced Minister's Zoning Order is used," Zoe Knowles said.
"As Ontario continues to respond to COVID-19, we will not let red tape put Ontarians' health and safety at risk."
The three-judge panel granted the judicial review in part but dismissed numerous other challenges the environmental groups raised about other ministries.
The court said the government failed to post proposed amendments over the controversial use of Ministerial Zoning Orders on the Environmental Registry prior to implementation.
The province has used the so-called MZOs to fast-track land developments, especially in environmentally sensitive Greenbelt.
Environmental groups that were part of the case hailed the Sept. 3 decision as a victory for the environment.
"As Environmental Commissioner of Ontario for 15 years, I am heartened to see the court uphold the rights of people to participate in government decision-making affecting the environment," said Gord Miller, chair of Earthroots, one of the organizations involved in the court battle.
"The court's declaration is clear -- the Government of Ontario broke the law in violating those rights."
The Canadian Environmental Law Association said the decision reaffirms the public's rights.
"The Environmental Bill of Rights provides very significant tools for the people of Ontario to know about, and participate in, decisions that affect their environment," said Theresa McClenaghan, the executive director of CELA.
Ontario Green Party Leader Mike Schreiner said it was a win for the public.
"Ontarians have a right to participate in government decision-making that impacts the environment," Schreiner said.
"By violating Ontarians' environmental rights, Doug Ford has not only broken the law but has also made it clear that he will put his pro-sprawl, pro-developer agenda above all else."
This report by The Canadian Press was first published Sept. 8, 2021.
CTVNews.ca Top Stories
BREAKING Pearson gold heist suspect arrested after flying into Toronto from India
Another suspect is in custody in connection with the gold heist at Toronto Pearson International Airport last year, police say.
Justin and Hailey Bieber are expecting their first child together
Hailey and Justin Bieber are going to be parents. The couple announced the news on Thursday on Instagram, both sharing a video that showcases Hailey Bieber's growing belly.
From outer space? Sask. farmers baffled after discovering strange wreckage in field
A family of fifth generation farmers from Ituna, Sask. are trying to find answers after discovering several strange objects lying on their land.
Debate on abortion rights erupts on Parliament Hill, Poilievre vows he won't legislate
A Conservative government led by Pierre Poilievre would not legislate on, nor use the notwithstanding clause, on abortion, his office says, as anti-abortion protesters gather on Parliament Hill.
Ontario family receives massive hospital bill as part of LTC law, refuses to pay
A southwestern Ontario woman has received an $8,400 bill from a hospital in Windsor, Ont., after she refused to put her mother in a nursing home she hated -- and she says she has no intention of paying it.
Here are the ultraprocessed foods you most need to avoid, according to a 30-year study
Studies have shown that ultraprocessed foods can have a detrimental impact on health. But 30 years of research show they don’t all have the same impact.
Miss Teen USA steps down just days after Miss USA's resignation
Miss Teen USA resigned Wednesday, sending further shock waves through the pageant community just days after Miss USA said she would relinquish her crown.
B.C. man used Bobcat as 'weapon' while chasing away homeless people, judge says
A B.C. man has been convicted of assault with a weapon after using a skid-steer Bobcat to chase two homeless people from his lawn, injuring one of them in the process.
'Nobody should be getting away with murder': Grieving mother speaks out after son killed in North Preston, N.S.
A grieving mother is speaking out after her 36-year-old son was shot and killed in North Preston, N.S., Wednesday night.