Greenspace Alliance under threat
Sara Falconer
Most community organizations operate on a shoestring budget, and the Greenspace Alliance of Canada's Capital is no exception. Now, the City of Ottawa and the developers of Findlay Creek Village are demanding over $72,000 in court costs from them, raising fears that such a decision would cripple the environmental advocacy group.
"For many days I struggled with it," says Erwin Dressen of the Alliance. "Where's the justice here?"
In 2007, the Alliance appealed two zoning bylaws that had allowed the Findlay Creek Village housing development to move forward on 313 hectares that they allege is part of the Leitrim wetlands.
"It's very old - estimated to be 9,000 years old," Dressen says of the wetlands. "It is extremely biodiverse, containing a number of provincially and nationally endangered species."
The Alliance, he adds, has strong scientific evidence that further development of the area could degrade the wetlands. But the Ontario Municipal Board (OMB) never heard any of their substantial arguments. Instead, it agreed to a motion to dismiss by the developers and the City. The Alliance, in turn, asked for a judicial review of the OMB decision, which was dismissed in October.
The developers, who are associated with Tartan, Taggart and Tamarack, are asking for $67,217 for its costs, and the City wants an additional $5,120. According to Will Amos from the University of Ottawa's Ecojustice Environmental Law Clinic, it is standard procedure in court cases between private parties for
the losing party to pay costs, but that should not apply to this situation.
"In public interest litigation cases, the normal rule on assessing costs does not apply," he argues. "They should be able to engage in judicial proceedings in order to ensure that the public interest is upheld." Ecojustice made a submission on the Alliance's behalf demonstrating two important factors: that the group has no financial interest in the outcome, and that the matter is of broad social significance.
Like the Alliance's scientists and environmental experts, the lawyers are working pro bono. Their reward for their efforts? According to sources outside of Ecojustice, they are being sued for defamation by the same developers who are asking for money from the Alliance.
Councillors Rick Chiarelli and Alex Cullen are reportedly spearheading a motion to clarify the city's policy regarding applying for costs from community groups.
Meanwhile, the Greenspace Alliance is left waiting for the divisional court to decide whether it must pay up. Dressen hopes that the court will see that they are a reasonable group with reasonable demands. "We're not pure tree-huggers," he says. "We're for sensible development." Visit www.greenspace-alliance.ca.
| A Clean Water Projec for a community in El Salvadort. |
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On behalf of the organizing committee of the "Clear Water Project" I am writing you with the hope that you may support us in this Latinamerican community event.
This is an event of unity in harmony "Cancion con todos" "A son with everyone"
Please se the link http://www.dcpresentations.com/dcp2/nov2008/11272008_quintetotiempo.php
where you can find some sample music and a small video presentation about the project.
Short Press release of the event..
"The prestigious Dominion Chalmers Sanctuary will be hosting an extraordinary Argentinean vocal quintet "QUINTETO TIEMPO", on Thursday November 27th at 7:00 PM, The group has sung the joys and sorrows of the Latin-American people for over 30 years and has developed an exquisite vocal texture not heard on any other vocal Quintet, their ethnic and classical instruments blend in a rich smooth stream of melodies and rhythm of folkloric and modern music.
The proceedings from this concert will be donated to support the « Clean Water Project » for a community in the Zone of Peace of El Salvador where, over 35000 people work together to build self sufficiency. About 2000 people and 2 primary schools will be provided with the most precious substance in this initial phase of the project. Members of the Latin American Community in Ottawa and other community organizations are supporting SALCA ("Salvadorian Association of Calgary " Corporate Access # 5012740873)"
We also have the support of Salvaid Ottawa to provide a receipt for charitable donations.
We kindly ask for your support in the manner that you may feel free to do so.
Students/seniors are $15 dollars. optional Indo-Kenyan dinner $15.
General $25.
http://www.ticketweb.ca
Tickets also available at:
Little Latin America
764 Somerset Street West
Ottawa, ON K1R 6P9
(613) 235-4970 ?
Mercado Latino
67 Montreal Road
Vanier, ON K1L 6E8
(613) 747-3795 ?
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Tonatiu Abrego
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