Council of Canadians Media Release
July 27, 2009
The Council of Canadians’ legal counsel has applied for an injunction to halt construction on Site 41. The application for an injunction, filed today (Monday), states that a Simcoe County Council meeting on June 26, 2007, specified that construction was “not to include development of waste cells”. Therefore, the application states that waste cell construction at Site 41, expenditure of public funds ancillary to such construction and any construction beyond what has been approved by the County “have not been validly or duly authorized by the Council of the County of Simcoe, pursuant to section 5 of the Municipal Act, 2001, or otherwise”.
Sack Goldblatt Mitchell’s application for an injunction is being filed under Ontario’s Rules of Civil Procedure on behalf of Anne Ritchie Nahuis in response to Simcoe County’s July 23 motion for an injunction.
The application will be heard at the Barrie Court House on Wednesday July 29, 2009 at 10am, or as soon as possible that day.
“Site 41 was never properly authorized by Simcoe county council,” says Maude Barlow, National Chairperson of the Council of Canadians and Senior Advisor on Water to the President of the United Nations. “There has been no proper approval of Site 41 by the municipal council for the County of Simcoe. In the absence of a by-law authorizing the project, it is illegal.”
Last week, Simcoe County filed a motion for an injunction against the peaceful blockade of Site 41. Simcoe County is seeking at least $160,000 in its motion, in which Anne Ritchie Nahuis and Vicki Monague are named as defendants.
As many as possible should attend this court hearing – let us show the court who the public supports, in a civilized manner of course.
The court should also be advised of the other issues with this site:
1 – it is too close to the airport
2 – the construction is in violation of the C of A in that the water level is at 10cm as opposed to the 1.6 meters called for in the C of A. This means that the ‘continuous upward gradient’ theory that the project depends on for success does not exist. The C of A should be revoked.
3 – the First Nations were not consulted on this project which is in violation of the Treaty.
To all who read this, please also go to the Facebook group to stop Site 41 – there are a few but there is one large one with several thousand memebers – scroll down the wall to a post by Jim Tolnai where he discusses a fundraising BBQ this coming Saturday; the proceeds go to Anne and Vicky’s legal defense against the $160,000 lawsuit from the County.
Tell everyone you can about it and please contact Jim if you can help in any way.
Thank you!!
I dont have a FaceBook account nor do I want one. Can you publish the lcoation for this BBQ on this site? I would like to help out.
I copied this from his website:
If you can help, give me a call 327-5717 or mailto:speakingout@speakingout.biz.
Thanks CK for reminding me that not everyone is on Facebook
just wondering when/if sample letters to politicians and the petition for the private member’s bill to stop dump site 41 will be available on this website – I have had many friends inquire about getting a copy – seems the website would be the easiest way!
thanks
ann
I will be at the court hearing tomorrow and will have copies of the petition that Mr Dunlop will present to the legislature with me.
You can email me if you will not be able to be there and I can email you back a copy of the petition to have signed. About 10-12 people can sign per page.
My email is lesley005@msn.com
Also I can send you copies of sample letters that I have.
Please include ‘Site 41′ in your subject line as my email is set to exclusive
Thanks so much for your interest and support!
[...] Procedures were not properly followed by Simcoe County. On July 27th The Council of Canadian’s filed for an injunction claiming the dump is unlawful. [...]
It is time for our politicians to listen to their community members’ concerns. Our municipal, provincial and federal representatives must use their elected powers to ensure evidence is reviewed, facts are clarified and anything that is less than transparent in the processes leading to the controversial dump 41 be reiterated. Stop the development of dump site 41 – before irreversible damage is done. Our future water supply, food source, recreational riches are threatened. Based on the information shared thus far – there seems more than enough information to support a cease on the development.
Please do what is right!
It is time for our politicians to listen to their community members’ concerns. Our municipal, provincial and federal representatives must use their elected powers to ensure evidence is reviewed, facts are clarified and anything that is less than transparent in the processes leading to the controversial dump 41 be reiterated. Stop the development of dump site 41 – before irreversible damage is done. Our future water supply, food source, recreational riches are threatened. Based on the information shared thus far – there seems more than enough information to support a cease on the development.
Please do what is right!