Federal court finds Bradford Bypass decision was unreasonable

Yorkregion.com
April 28, 2023

A federal court has found the government did not follow the proper procedure in a decision declining to pursue a federal impact assessment for the Bradford Bypass.

The ruling recently released in federal court found that federal Minister of Environment and Climate Change Steven Guilbeault’s decision to deny a requested federal impact assessment for the project, pursuant to the Impact Assessment Act, was unreasonable. The court found that, despite the importance of public participation under the act, the minister did not explain how, or whether, he had considered key arguments and information included in the request.

“I will decline to declare the decision unlawful, but will issue a declaration rendering the decision unreasonable,” Justice Angela Furlanetto wrote in her decision.

Concerned groups first requested the minister designate the highway project for a federal impact assessment in February 2021. That request was denied. Three community groups made a second request in November 2021 including Holland Landing resident and leader of Forbid Roads Over Green Spaces (FROGS) Bill Foster. The second request highlighted changes to Ontario’s regulatory regime, mistakes in the minister’s first assessment, and mounting public concern that the project could proceed without its long-term environmental impacts being studied.

Minister Guilbeault denied the second request, citing no “material change” to the project.

The groups challenged this decision in court, stating that the minister’s decision not to designate the highway for assessment undermined the federal government’s stated commitments to scientific integrity and meaningful public participation in the assessment of major infrastructure projects.

The decision opens the door for groups to submit a subsequent request that the project be designated for a federal impact assessment. Forbid Roads Over Green Spaces and Rescue Lake Simcoe Coalition, supported by member residents of the Georgina Island First Nations community, have submitted a request to the environmental commissioner to explore requirements under the Fisheries Act to consider impacts of the project on marine ecosystems in Lake Simcoe.

Foster said the ruling was evidence the government didn’t do its job properly in responding to their request. “You have a duty to the public to explain why you denied the request,” he said. “We’re not asking for impossible things. We’re asking for proper studies to be completed including if there are cheaper, more effective solutions to ease traffic congestion.”

Executive director of Rescue Lake Simcoe Coalition (RLSC) Claire Malcolmson said they challenged the minister's decision to deny an impact assessment because it set a dangerous precedent.

"The impact assessment is supposed to be the final backstop if all other processes fail. Canadians need to know that the minister will follow the process as defined by law when making these decisions. That's why we challenged it," Malcolmson said.