CFRU 93.3fm’s Royal City Rag on July 3 focused on SLAPP suits and the proposed high rise condo development for the WC Woods site.
In the first hour we talked to environmental activist Louisette Lanteigne about her firsthand experience with a SLAPP suit, or, to give it its full name, a Strategic Lawsuit Against Public Participation lawsuit.
According to Wikipedia, SLAPPs are “intended to censor, intimidate and silence critics’ by burdening them with the cost of a legal defense until they abandon their criticism or opposition.”
SLAPPs are frequently used to stifle community resistance to controversial development projects. This recently happened in Guelph when the City of Guelph and their development partner, Belmont Equity Partners brought a $5 million lawsuit against five individuals involved in the peaceful occupation of the environmentally sensitive Hanlon Creek for 17 days last summer.
Louisette was given a SLAPP because she raised concerns about labour and environmental law infractions on a construction site within her own (new) subdivision in Waterloo. Despite appealing to her municipality and the provincial government she ended up having to apologize to the developer concerned.
Why? Because she didn’t have the financial wherewithal to defend herself against a $2 million lawsuit brought by a developer who didn’t like the information she introduced into the public domain via a website.
The irony in all this is that she was right to bring the infractions to the attention of the municipal and provincial governments, and, for that reason, the developer was reprimanded accordingly. It seems they didn’t want the public knowing about their violation of labour and environmental law.
It’s unfortunate that unlike Quebec and 50% of US states, Ontario does not have an anti-SLAPP legislation to protect concerned citizens such as Louisette. If Ontario did have such legislation, the onus would be on the plaintiff (typically a developer or corporation) to prove that their (SLAPP) lawsuit is legitimate, rather than as it stand now where defendants must prove that it is NOT justified.
According to Environmental Defence, SLAPPs are a growing threat to meaningful citizen participation in issues of public interest in Ontario. This significantly limits the ability of communities to protest against development in environmentally sensitive areas.
Environmental Defence is working with partners Ecojustice and Canadian Environmental Law Association to put a stop to SLAPPs in Ontario.
As well as pushing for new legislation, their campaign has been supported by more than 70 community groups who have written to Ontario’s Premier Dalton McGuinty requesting to end SLAPP suits.
To add your support to a petition to stop SLAPPs please do so and sign HERE.
The Environmental Defence have also managed to get approximately 70 municipalities to pass a resolution asking the Province to pass anti-SLAPP legislation. Unfortunately The City of Guelph, despite its green reputation, has yet to join that group.
Listen to Hour 1:
In the second hour of the show, Ward resident Scotty Hertz from CFRU 93.3fm’s The Working Week (Fridays 6-7 p.m.) joined us in the studio to give his personal perspective on the proposed redevelopment of the WC Woods site on Arthur Street South.
In February 2010, Kilmer Brownfield Equity Fund acquired the 9-acre WC Woods site and is planning to redevelop the site with a mix of high-rise, mid-rise and townhouse residential units. According to the company website, Kilmer’s plans for the site include brownfield remediation and site-planning before selling the site to one or more developers.
The city is very keen to see high density residential development on this site because it supports its plan to revitalize the downtown area while still meeting the objectives of Ontario’s Places To Grow Smart Growth intensification initiative. It will also significantly improve the city’s tax base.
For these reasons, the WC Woods site was moved into the downtown four years ago so that it could become part of Guelph’s Community Improvement Plan (CIP) area and therefore eligible for a variety of financial incentives to assist in its redevelopment.
This was one of the things that made it very attractive to Kilmer who are are looking to make this site as profitable as possible with a quick return on their investment.
Interestingly The Kilmer Group, parent of the four year old Kilmer Brownfields Equity Fund, has significant interests in Toronto’s major sports franchises including the Maple Leafs . The Kilmer group is also part of the really sweet deal from the Ontario government to makeover the 401 rest stops at taxpayer’s expense. A venture that will make $9 billion for the companies involved in 50 years it takes the Ontario taxpayer to get its $200 million (two thirds cost of renovation) investment back!
The local community only caught wind of the full extent of the residential development proposal when the city started their Downtown Secondary Plan meetings in March this year. By then the property had been sold and the new owner given $10,000 in incentives through Guelph’s brownfield strategy and a three year tax break (worth slightly more than $700,000) while remediation takes place.
Since then the city has held several meetings with the local community to discuss the project including, most recently, a workshop on June 29.
Although the city indicated that they were willing to listen to the community regarding plans for the site, at the last meeting, the Guelph Mercury, in an article bluntly titled “Get Ready For High-Rise Developments, Consultant Tells Weary Neighbours”, reported that Tim Smith from city consultants Urban Strategies told the community… that the Arthur Street site is zoned for approximately 500 to 550 units.
“While the final number remains unknown”, the consultant said, “that’s the ballpark.”
…that is the number required to meet provincially-mandated growth targets “but also to make the project feasible” for the landowner.
The Guelph Mercury also reported that the site… is zoned for high-density residential, but currently has a restriction capping buildings on the site to six storeys.
So where do things stand on this development? If you listen to the consultants, city planners and the developer you’d say that this is a done deal; the high rises are coming.
In fact David de Groot, an urban designer and manager of the Downtown Secondary Plan project tried to put a positive spin on a high rise development by noting…
…if buildings are built higher it allows more green space to be created at street level.
De Groot has also said the Downtown Secondary Plan should be completed by the end of July, with another public session in late August or early September to discuss the “built form” to be located on the site. This is even though the final approval for the site has been postponed until after the next election in October.
So what do you do if you are unhappy with the plans for this development?
First up, you should join the Ward Residents Association and second, as its an election year, you really need to get involved in the political process.
The least satisfactory aspect of this development proposal is the way that the Woods site conveniently and quietly finds its way into the downtown in time for this deal to go through. Yet again, the developer seems to get what they want.
Its also well-known that developers get great access at City Hall. Its time that gets redressed.
Hopefully the next city council will find time to deal with some accountability and transparency measures including a lobby register, something that was conveniently put aside this time around.
Wouldn’t it be nice to know who’s schmoozing who at City Hall?
Listen to Hour 2:
Music:
Paulo Nutini, 10/10 from Sunnyside Up
Finlay Quaye, Your Love Gets Sweeter from Maverick A Strike
Jimmy Cliff, Hard Road To Travel from The Ultimate Collection
Gypsy Kings, A Mi Manera (My Way) from Gypsy Kings
The Acorn, Misplaced from No Ghost
Roky Erickson and Okkervil River, Goodbye Sweet Dreams from True Love Cast Out All Evil
Merle Haggard, Big City from 16 Biggest Hits
Thunderclap Newman, Something In the Air from Hollywood Dream
COPY OF LETTER TO EDITOR
To: Editor, Guelph Mercury:
Re: Highrise plans anger neighbours/ Get ready for highrise development consultant tells weary neighbours June 30, 2010
I’d like to take this opportunity to clarify the timing of the City’s Downtown Secondary Plan as described in the Mercury article “Highrise plans anger neighbours/Get ready for highrise development consultant tells weary neighbours” on June 30, 2010.
The Downtown Secondary Plan (Envision Guelph Downtown) is not to be completed by July 2010 as stated in the article, but rather it is the City’s intention to present a draft of the plan to the public for review in the fall. We will continue to collect comments and input from residents in the Ward neighbourhood and across the city in order to refine the plan and present it to City Council for approval early next year.
The recent neighbourhood workshops and meetings described in the article are part of the continued conversation we’re having about the overall plan for downtown, and more specifically, the planning around the redevelopment of the Woods 1 site. We’re discussing relevant issues, including the building height, but no final policies or designs have been made for the site.
We look forward to continued discussions through the summer and fall, and invite your readers to learn more about Guelph’s plans for downtown at guelph.ca/downtownplan.
Yours truly,
Ian Panabaker, General Manager, Downtown Renewal
T 519-822-1260 x 2475
E ian.panabaker@guelph.ca
Hi Stacey,
Thanks for a copy of Ian’s letter to the Merc.
Sounds like we all need some clarification of where things stand with the WC Woods site redevelopment.
I’ve sent a message to him requesting an interview.
Hopefully we’ll be able to set something up fairly soon.
Thanks again!
Jan