For immediate release
Interim injunction granted, Site 41 hearing next Wednesday
BARRIE – An interim injunction prohibiting protestors from blocking entrances to the Site 41 dump site is not a defeat for those who oppose the controversial project, says Anne Ritchie Nahuis, one of two people named in the County’s statement of claim.
“I was expecting this,” she said after a hearing Wednesday before Mr. Justice Peter Lauwers at the Barrie courthouse. “This does not mean that he has disallowed us from continuing our peaceful protest at Site 41 across from the gates.”
Argument on an application by Simcoe County for a permanent injunction has been put over until next week in Barrie.
“We have until Wednesday to come up with reasons why this is an unlawful landfill site and the judge did not rule on this issue today,” Ritchie Nahuis said.
Vicki Monague of Beausoleil First Nation, the other named person, told the court “there are very real First Natins issues in relation to Site 41.” There is a danger of ground water contamination and “as First Nations people it is our duty to protect the water.”
Monague, who was not represented by a lawyer, added that she and others are seeking a federal environmental assessment of the project.
The County is seeking damages from both Monague and Ritchie Nahuis.
Lawyer Sean Dewart, retained by the Council of Canadians, told Lauwers that he will be presenting evidence next week that construction work at Site 41 is illegal, because it has never been authorized by a County Council bylaw..
In fact, it contravenes the only bylaw that specifically deals with Site 41, one passed in June, 2007, that approved preliminary site work which, it says, “will not include the development of waste cells.”
Dewart urged the judge to weight the Charter-protected freedom of speech rights of the protestors, citing a Supreme Court of Canada decision that upheld picketers’ right to peaceful protest.
Ritchie Nahuis questioned the process that led to the County seeking an injunction. There was no authorization from County Council, she pointed out.
“This is probably directed by the Warden, Tony Guergis, the CAO Mark Aitken and Rob McCullough, the manager of environmental services.”
[...] suit victims Vicki Monague and Anne Ritchie-Nahuis. The “county” placed a court ordered injunction on the blockade of the site without authorization from County Council. Both women are being held responsible for [...]