Judge orders restoration of wetland

Published on
Share This

Threats to Greenspaces

New Quarry application by Cavanagh
New updated content: 2024-12-19 12:45:53 An application has been made by...
Thomas Cavenagh Construction Ltd. convicted
As reported in Ontario Construction News, October 18, 2019, by Robin MacLennan: Thomas...
OMB Decisions on Flewellyn Special Study Area a.o. issues
A Procedural Order for the “Flewellyn Special Study Area, Quarry...
Goulbourn Wetlands in the news
December 2018 In November 2016, the City released a report (6.0 MB) by...
Goulbourn Wetlands Complex
Judge orders restoration of wetland (April 2017) Goulbourn Wetlands in...

April 19, 2017

Ken McRae reports:

I was informed today that the MVCA had appealed the decision of a local Justice of the Peace to not order landowner Mion and his numbered company to rehabilitate the part of the Goulbourn Wetlands Complex on his property which he had destroyed. The MVCA won the appeal. I’ve attached a copy of the court decision in which Mion and his numbered company are ordered to rehabilitate the wetland he had destroyed. See the last page of the decision for that.

This court decision helps to set a strong precedent for wetland protection. Mion might be able to appeal this court decision to a higher court, but I doubt that he will.

To quote from that last paragraph:

“…this Court hereby issues an Order pursuant to s. 28(17) of the Conservation Authorities Act, as against both Respondents jointly and severally) requiring that each rehabilitate and restore the wetlands to conform with the guidelines and requirements set by the Mississippi Valley Conservation Authority with 6 months of the date of this Order or such further time period as the MVCA may permit in writing.”

Signed: Justice Diane M. Lahaie, Ontario Court of Justice

Court file Ottawa 12-5958 & 12-5983, dated 2017 04 19, between Mississippi Valley Conservation Authority, appellant, and Rodolfo Mion & 1634088 Ontario Inc., respondents.

 

April 22, 2017

Glen Gower, on StittsvilleCentral.ca, published an article on the case: http://stittsvillecentral.ca/court-orders-company-to-rehabilitate-rothbourne-road-wetland/ .  Find there also a link to an earlier article that covered the 2015 trial and the laying of charges in 2012.

The Ottawa-Carleton Wildlife Centre sent a congratulatory letter to MVCA.

April 25, 2017

Andy Moore of MVCA was interviewed on the Carol Anne Meehan show, News Radio 1310: http://www.1310news.com/audio/the-carol-anne-meehan-show/Look for the 1-2 pm section of April 25 and go to the 8:35 mark; it runs till 18:04.  Mr. Moore expresses confidence that some degree of restoration can be accomplished.

Comment: Take note from our Readings list:

Structural and Functional Loss in Restored Wetland Ecosystems (2012)

(Above: It’s practically impossible to fully restore a wetland)

(Below: But here is the best science can come up with on how to do it)

A framework for the practical science necessary to restore … ecosystems (2016)