Feature Article February 27, 2003
LAND O' LAKES NewsWeb HomeStockwell decisionby Charlie Stewart
Minister Stockwells action to overturn the decision of the Environmental Review Tribunal must be considered on two levels. First there are the changes to the permit itself and the potential impact on the local area. The second issue is the ministers decision to intervene in a decision of the ERT.
After weeks of testimony the Environmental Review Tribunal issued a compromise modifying the initial permit to take water from the Tay River. The ministers decision was another compromise that granted concessions to OMYA. It is uncertain whether the original appellants will challenge the ministers decision in the courts. In my view the stakeholders, working together objectively, could address the remaining details and make the permit work.
The more significant issue is that the minister chose to intervene and overturn the decision of the Environmental Review Tribunal. The ERT had ruled after an exhaustive, deliberative, public process.Our official, who was elected to serve the people of the province, has chosen toalter the decision of this "independent" tribunal, established by the Ontario government. His action set a precedent. It will affect citizens decisions to challenge the governments management of our environment.They will know that the minister might second-guess the Environmental Review Tribunal if it was politically expedient. Thus, the minister has diminished the role of the tribunal. For this, the people of Ontario will be the losers.
