Are Guelph's Progressives Now Too Conservative?

It was the summer of 2009. The weather, for the most part, was pleasant and warm, but not too hot; everyone was hate-watching Transformers: Revenge of the Fallen at the multiplex; and a small group of protesters gathered in the south end of Guelph to protest the development of a new business park. They made an impression, and even won a stay from the courts when the city wanted them removed. They were eventually order to vacate the future site of the Hanlon Creek Business Park, but the point was made.

Several months later, as the Olympic Torch made it's way across Canada to Vancouver, it came through Downtown Guelph. A small group of protesters were there too, making a case that the expense of the Winter Games could best be applied elsewhere, but as these things go, a kerfuffle along the parade route resulted in one of the protesters accidentally tripping a torch-bearer. Considering the time and place, the message got lost amongst the patriotism-based outrage; Olympic critiques are a tough enough sell without it seeming like you ploughed over a fine, upstanding young person in order to make your point.

Why do I bring this up, because those events were right before the last municipal election, and it really seemed like the last great outburst of civic action in our city. Sure, there's been protests and demonstrations since - the January 2010 prorogation protest comes to mind, as do demonstrations to raise the minimum wage, or against the oil sands - but nothing that's felt uniquely Guelph, nothing that's re-certified Guelph's politically rowdy reputation as a Mecca for the far left curmudgeons and the disenfranchised. There are people everywhere who aren't fond of genetically modified foods, or Monsanto, or Line 9, but the most brazen thing associated with Guelph in the last four years was a U of G professor's son who photobombed a carefully choreographed Stephen Harper event at the Board of trade in Vancouver.

The City Takes Back Its SLAPP

The last year's hardly been productive for local activists. Between the arrests at the G20 in Toronto last summer, and the lawsuit against five so-called ringleaders of the Hanlon Creek Business Park protest the summer before, let's just say the thirst for direct action has become practically non-existent. And like the mass arrests in Toronto during the G20, it seems that Guelph authorities are now acknowledging that maybe, they went overboard.

The Guelph Mercury reported yesterday that the City has dropped a lawsuit brought against Cailey Campbell, Matt Soltys, Josh Gilbert, Matt Lowell-Pelletier and Shabina Lafleur-Gangji, five people identified as the organizers of the Land Is More Important Than Sprawl (LIMITS)-led protest at the site of the HCBP in July 2009, has been officially dropped. 

“The action was concluded on the basis that it was discontinued without costs,” Donna Jaques told the Mercury. “The notice of discontinuance has been filed with the court and the matter is now concluded.”

 So basically the the suit has been called off and no one has to pay any court costs, or anything. It's as if it never happened. Except it did happen. The City of Guelph took five well-meaning young people to court and demanded that they pay $1 million a piece for their protest, an amount that they would probably never be able to pay back even 10 per cent of. And that's why it was called a SLAPP suit, SLAPP standing for Strategic Litigation Against Public Participation. Meaning that the city, in an attempt to dissuade anymore protests, took other protestors to court with a price tag so high that anyone thinking of starting their own protests will re-think the endeavour lest they themselves are SLAPPed. 

Press Release Clearing #1 - HCBP Moving Forward

Sadly for some of my activists friends, it seems as if it's full steam ahead for the Hanlon Creek Business Park. Here's a city press release on the next phase of construction from last Monday.

Agreement to consolidate land holdings in Phase 2 of Hanlon Creek Business Park would expedite development

GUELPH, ON, June 7, 2010 – City Council has authorized staff to proceed with the preparation and possible execution of a cost sharing and land exchange agreement between the City of Guelph and Guelph Land Holdings Inc., (GLHI) a subsidiary of Cooper Construction Limited, with respect to Phase 2 of the Hanlon Creek Business Park.

The agreement will transfer ownership of most of the City’s lands in Phase 2 to GLHI and will set the terms for the purchase and servicing of Phase 2 lands of the park. The timing of such an agreement is ideal as it allows the City to divest of its investment in the Phase 2 lands and receive a return on investment while minimizing the City’s financial risks moving forward, as substantial investment is required for servicing of Phase 2.

Under the agreement, GLHI will become the primary developer of Phase 2 of the Hanlon Creek Business Park and be responsible for servicing and marketing the property. The City will retain approximately three acres of land, which will be developed as part of Phase 3 of the park.

Subject to the execution of the agreement GLHI intends to begin development of Phase 2 next month and is targeting completion in fall 2011.

“The City initiated the development of the Hanlon Creek Business Park as a catalyst to attract private-sector investment. We did so in response to the business community’s concern about a shortage of serviced employment lands in the city,” says Guelph’s General Manger of Economic Development & Tourism, Peter Cartwright. “Now that we have strong private sector proponents, the timing is right for the City step back from its role in the development of Phase 2.”

About the Hanlon Creek Business Park
The HCBP encompasses 671 acres in the south west corner of the city. The development comes after almost a decade of public consultation, scientific assessments and thorough environmental analysis. The site will attract knowledge-economy businesses in sectors such as food and agribusiness, environment and energy, advanced manufacturing, and information and communications technology, and will provide approximately 10,000 jobs in our community.

For more information about the Hanlon Creek Business Park visit guelph.ca/hcbp.

Told You So. RE: HCBP Protests

I got this in the old e-mail bag last night. It was addressed to all 13 members of council, but I assume there was a blank cc to other media peeps (and not just me).

In the spirit indended by the letter writer (it is an 'open' letter after all), I now share it with you, my readership:

An Open Letter:

Why the Jefferson Salamander isn't the end all to the issue of the proposed HCBP:

We recently found out that the city's monitoring of the Jefferson did not find any confirmation that the Jefferson Salamander lives at the Hanlon Creek Wetland Complex. (Other than the hybrid found about a year ago). But we also know that, had the Jefferson been found, the City was attempting to apply for an exemption to the Endangered Species Act anyway, to be allowed to kill some in order to continue development. So it seems that we have come to the end of the road in terms of how the Jefferson Salamander can stop this development. But, there is one thing I want to make clear: This does not, in anyway, mean that this is a 'green' and ecologically sound development. All of the major environmental issues remain the same: causing destruction to the Paris-Galt Moraine, harming tributary A of the Hanlon Creek, (here-forth known as ‘Freedom Tributary’), killing thousands of animals, destroying their habitat, completely disregarding international treaties with Six Nations, and causing great harm to this beautiful old diverse forest, one of the last of its kind in Southern Ontario.

Species Diversity:
The Jefferson Salamander is important as an threatened species just as all species' diversity is important. To keep paving over diverse forests in the name of 'economic progress' will inevitably eradicate this diversity. To only care about a species once it becomes ‘threatened’ is senseless as we continue on this path of destroying more and more habitat, thus placing more and more species at risk. In some sense, only caring about species officially titled 'endangered' can be equated to quitting smoking once we have cancer and are on our death bed. The Hanlon Creek Wetland Complex is the home to 20 species of reptiles and amphibians, 270 species of plants and trees, 16 species of mammals, and 112 species of birds. To destroy this beautiful land is to increase the risk to all of these animals as we eradicate their habitats and kill those animals who are unable to relocate elsewhere, such as all of the reptiles and amphibians.

Our Water:
Then there is the issue of drinking water. The Paris-Galt moraine is not only beautiful and the home to many species of life, but is essential to our drinking water as it provides a unique function in ground water recharging. The Paris-Galt Moraine is a deposit of soil, sand, and gravel left over from glacial times. Although the Mayor has lately been arguing that the moraine is not on HCBP land, this is in fact false. Section 3.2 of The City’s own Environmental Impact Study on the HCBP discusses the presence of the moraine on the site. While in the past the City of Guelph has declared its dedication to the preservation of Moraines, development of the HCBP will result in the leveling and grading of a northern section of the moraine, that lies on the South end of the site.

Development of the HCBP would also result in seriously harming Freedom Tributary of the Hanlon Creek, which feeds into the Downey Well. This well gives the City of Guelph 10 - 20% of its drinking water; any development around this area poses a grave threat to our water supply. Freedom Tributary also feeds into the Speed River that then feeds into the Grand River. Many communities that are part of the Grand River watershed oppose the HCBP because of the contamination of their own water supply. One of these communities is Six Nations of the Grand River, and there are international laws and treaties that hold the people who have settled on this land accountable to Six Nations for their actions.

International Treaties:
Three major treaties with Six Nations that include the Hanlon Creek Wetland Complex are Two Row Wampum of 1613, the Nanfan treaty of 1701, and the Haldimand Tract Treaty of 1784. The Two Row Wampum is a treaty of non-disturbance and co-existance, demonstrated by a wampum belt that is mostly white with two purple lines down the middle, running parallel and never touching. This symbolizes two boats, one of Six Nations, and the other of settlers. Each is to drive their own boat and keep to their own path, and is NOT to drive the other's boat, or drive their boat all over the other's path. However, here we have a colonial situation where the settlers on this land have attempted to steer the other's boat again and again. Development on the Hanlon Creek would further this for three reasons: one, we are not sure that it is not covered by the Haldimand Tract treaty, two, even if it is not covered by this treaty, it would surely have harmful consequences to land that is, and three, it is surely covered by the Nanfan treaty.

The Nanfan treaty of 1701 is named after by John Nanfan, the colonial governor of New York, and covers Southern Ontario, New York, Pennsylvania, Ohio, Indiana, and Michigan. It declares "free hunting.... for ever" and "free of all disturbances". This includes the Hanlon Creek Wetland Complex, and the destruction of this land through the development of the proposed HCBP would directly be a 'disturbance' to this land that is legally bound to be disturbance free. As Southern Ontario is increasingly become a 'pavement paradise', this 'free hunting forever' has already been seriously compromised, further destruction to the Hanlon Creek Wetland Complex would greatly add to this.

The Haldimand Tract treaty of 1784 is land given to Six Nations as compensation for land they lost as a result of the American Revolution, where they allied with the British. The Haldimand Tract is six miles on either side of the Grand River. This either includes the land proposed for the HCBP, or is very very close. The exact boundaries of the Haldimand Tract are hard to determine for a number of reasons: uncertainty regarding if it measured in nautical miles or land miles, the river is constantly changing, there are new dams and concrete embankments that change the topography of the river, and there are tributaries that feed directly into the Grand River. However, one thing is certain: even if the Hanlon Creek Wetland Complex is not part of the Haldimand Tract, any destruction of this land would surely cause great harm to land that is. Thus, any destruction to the Hanlon Creek Wetland Complex would be illegal, as it would be breaking international treaties.

Fallacy in trusting Government:
I also want to bring up how this has illuminated our fallacy in trusting governmental bodies, such as the MNR, to look out for our well being. Just as Donna Cansfield, the then Minister of Natural Resources, let us down in fall 2009 when she went against the opinions of her own staff by not issuing a 'work-stop' order to the City of Guelph, so have the MNR let us down again. It seems that the MNR is more about enabling development to take place on environmentally sensitive land than on protecting said land, demonstrated through all of the loopholes in its policies. So what is the MNR there for, then? Well, let’s look at the name "natural resources", which illustrates how the natural world is merely viewed as a 'resource' for economic extraction. Instead of being appreciated and respected for being the base of our existence, our food to eat, water to drink, air to breathe, this earth is only looked at though a lens of dollar signs, to see how our 'natural resources' can translate into economic growth. The MNR fits in nicely with the Ministry of Industry to promote economic growth, thus destroying our natural environment, in such a way as to feed us the delusion that 'the government is looking out for our best interest'. Governmental bodies maintain the status quo, protect private property, inflict fear into deep environmentalists who are trying to ring the warning bell, and keep this monster of capitalism and industrial growth chugging. It is this monster of capitalism that is currently wrecking havoc on the planet, it is this monster of industrial growth that is giving us climate change. When will we learn that this is not in our 'best interest'? When will we realize that we all need clean air, water, and land? When will we realize that we cannot eat money? If we follow along the track that the MNR sets out for us, where species are only protected once they are 'endangered', then I fear we will realize this far too late.

I chose Life
The time is here where we need to shift our values and realize what is truly important. We need to realize that the 'world leaders' are the leaders of money, and they are leading us into an industrial black hole that the Earth may not recover from. Many people had high hopes about Copenhagaan, thinking that 'now the leaders will realize that climate change is actually an issue.' And then many left disappointed. Most of us know these values that we need to hold higher - when we raise a child, we do not teach them to be competitive and destroy this earth, no, we teach them to cherish this earth, cherish friendships and relationships, and cooperate with one another. But then something happens (greed? capitalism? I wish I knew...), and we have a society that values competition and economic progress above all else, above community, above this earth. And we see these values reflected in policies, we see these values reflected in this society of excess and wealth, extreme consumerism, at the cost of so much. Other places in the world are feeling these costs of capitalism, industrialism, and consumerism, and soon climate change will bring these effects to our doorsteps as well.

I do not think that these are 'radical' ideas that I am writing. I work in the South End of Guelph, and spend much of my time talking with mothers, fathers, caregivers, and I hear them echo this fear. I hear them echo this urgency that we must all wake up and change. And these are not people who one would put the label 'radical' onto. What saddens me is, although many people agree with these ideas, how little they act on them. I understand how scary it can be to step out of the status quo with we have dependents, children, or even pets. But I would like instead for these loved ones to give us inspiration to do what needs to be done, as we contemplate "what kind of a world are we leaving for them?" I am calling on all people who live in the Hanlon Creek Watershed to wake up and realize that destruction to this beautiful land will have disastrous consequences for us all. I believe very strongly that we can stop the proposed HCBP. The key word being 'we'. I, alone, cannot. But if everyone that lives in the Hanlon Creek Watershed took up their responsibility to care for this land, to care for the water that gives us life, and to therefore stop the proposed HCBP, than I have complete faith that we can.

We all need clean water, clean air, and biodiversity. We do NOT need more pavement, more 'economic growth', that increases climate change and environmental destruction. We do NOT need another business park when there are so many brown-fields in Guelph. We do NOT need the proposed HCBP.

Thank you for taking the time to read this letter. I welcome feedback at hcbpoccupation@gmail.com.

Sincerely,
Marcy Goldstein
www.hcbpoccupation.wordpress.com

No Jefferson, says City

Well, it seems that the first best reason not to build the Hanlon Creek Business Park has been disproven according to a City press release this morning. According to the salamander monitoring program, no trace of the reptile has been found on the HCBP lands.

Read it and weep, my friends.

GUELPH, ON, May 10, 2010 – Results of the recently completed salamander monitoring program indicate no Jefferson Salamander presence within the Hanlon Creek Business Park (HCBP) lands.

Natural Resource Solutions Inc. completed a comprehensive salamander monitoring program at the site between March 11 and April 30, on behalf of the City of Guelph, Belmont Equity (HCBP) Holdings Ltd. and Guelph Land Holdings Ltd. The monitoring program was developed in consultation with the Ministry of Natural Resources (MNR) Guelph District Office, City staff and Dr. Jim Bogart, Chair of the Jefferson Salamander Recovery Team.

The monitoring program included 5.5 kilometres of drift fencing, 122 minnow traps and 611 pitfall traps to monitor location and direction of salamander movement to and from potential breeding grounds. The monitoring program was undertaken during peak salamander breeding season when salamanders begin emerging from their overwintering sites and migrating to breeding ponds.

Thirteen salamanders were captured and sampled during the monitoring program. DNA extraction and analysis was then performed at the University of Guelph by Dr. Bogart. In all cases, the DNA analysis found no presence of pure Jefferson salamanders or Jefferson-dominated polyploids (Jefferson-dominated unisexuals).

“In consultation with Dr. Jim Bogart and the Ontario Ministry of Natural Resources, we have concluded that there is no Jefferson Salamander presence on the Hanlon Creek Business Park lands,” stated Mayor Karen Farbridge. “We will move forward with our plans to service and develop these important employment lands and grow jobs in our community while ensuring excellence in environmental protection and restoration. In Guelph, sustainability and prosperity go hand in hand.”

On May 7, 2010 the City received confirmation from the MNR, Guelph District that the 2010 salamander monitoring program was rigorous enough to ascertain the presence of Jefferson Salamanders on the site. Based on the results of the program, the MNR, Guelph District also stated that there are no requirements for authorizations under the Endangered Species Act (ESA) for the HCBP and that no agreement or permit under the ESA is required to proceed with development of the business park.

The City will be moving forward with the development of the HCBP subdivision as approved by the Ontario Municipal Board in November 2006. The 2010 salamander monitoring program has provided additional information on the location and movement of other amphibians within the HCBP subdivision. This additional information will be used to consider design refinements and to undertake measures for wildlife protection during construction activities.

Do you suppose this means the end of the resistance to the HCBP?



Yeah. I didn't think so either...

The Next Episode

Following quickly on the press conference from a few weeks ago, it seems opponents of the Hanlon Creek Business PArk are moving swiftly to make it known that they're still here and they're still opposed to the project. Today was a day of action the vocal grassroots group of community volunteers against the construction of the HCBP, and they focused some of that anger on developer Carson Reid. Here's a press release that was sent out earlier today:

Over the last decade a variety of organizations and individual citizens have clearly outlined why development of the Hanlon Creek Wetland Complex (HCWC) simply cannot be allowed. Environmental impacts of developing in an area as significant as this cannot be ignored or green washed. Indigenous treaty rights cannot be disregarded and public outcry must be heard and respected.

Today, Friday May 7, 2010, is a day of action to defend the HCWC. For that reason people gathered to distribute flyers providing information on some of the nastier things Carson Reid has been involved in. As well, at 10:15AM, a group of individuals set out to the Carson Reid head office to halt work for the day and dropped a banner from its roof.

Why Carson Reid one might ask?

On November 2, 2009 a post on the Ward 2 Guelph blog outlined a plan where by Carson Reid’s would develop about an acre of the HCWC for the construction of a residential housing block.

Through their involvement with the Dolime Quarry, Carson Reid has shown that they are not interested in acting in a way that benefits all of Guelph, but instead put our water supply at risk for the sake of profit. The Ministry of the Environment has advised that in order to protect drinking water, aggregate extraction needs to be temporarily stopped, but operations continue at the quarry.

Then there was the illegal clear cutting, which occurred near the intersections of Victoria road and Maltby road. Carson Reid attempted to justify their actions with the flimsy explanation that they were harvesting a tree plantation for fence posts. The area is question act as a corridor between the Mill Creek and Hanlon Creek watersheds. For their actions they were fined under the Migratory Birds Act and charged under Guelph’s bylaws.

We intend to do everything in our power to prevent development on any remaining part of the HCWC. We will do everything in our power to uphold indigenous treaty rights. We will halt sprawl.

Hanlon Creek 5 Talk About Getting SLAPPed

It was surprise back in February when five protestor were singled out by the City of Guelph and Belmont Equity for the inflated $5 million price tag assigned to last summer's occupation of the Hanlon Creek Business Park lands - plus - any future disruption on construction on the site. Well, it seems that no one was more surprised than the so-called Hanlon Creek 5 themselves.

Last Friday 4 of the 5 gathered in front of City Hall to talk about what they've won, why they were SLAPPed and what they're going to do next. Matt Soltys, Matt Lowell-Pelletier, Josh Gilbert and Cailey Campbell gathered around a banner emblazoned with the words "Stop the Sprawl" and took turns reading from prepared statements.

Gilbert began by recapping the events of last summer. "There has been overwhelming opposition to the business park at public events, City Hall meetings, and the public consultations that have happened," he said. Gilbert also recounted the numerous envirnomental groups, 500 occupation participants and the two judges that thought the occupiers might have had a point about using the precautionary principle to take a second look at the HCBP as planned.

Next Soltys discussed the definition of SLAPP, or Strategic Litigation Against Public Participation. "This is a legal move where a plaintiff launches a ridiculously high lawsuit at someone who's doing something they don't like," he explained. "The plaintiffs rarely, if ever, win any costs. The real intent of these things is to overwhelm people's lives and prevent them from doing what the plaintiffs don't like."

Soltys further explained that $5 million price tag was unrealistic and absurd. "For one, we don't have any money, and the city knows that. And to say that somehow the five of us are responsible for lost future investment is equally unrealistic."

He also said that the reason he and the four other people named in the suit were highlighted was because they're well known community activists. "[B]y including 'LIMITS' and 'John and Jane Doe' in their lawsuit, the City of Guelph is targeting those who engage in lawful activities and had nothing to do with the occupation."

Soltys then further implied that this was a scare tactic perpetrated by Guelph officials. "The City's auctions have made numerous people feel too threatened to even talk about this issue, much less get involved."

The money issue was raised again by Campbell, who said that the City is putting thousands of dollars of taxpayer money into a suit against five people they know that they can never get a dime from. "We are five people who are living under the poverty line," she explained. "Out only option for economic survival after the lawsuit if the city were to win damages will be to pursue bankruptcy."

Campbell also said that the group was representing themselves in the suit because they can't afford to pay legal fees. Further, the people identified in last summer's injunction on the HCBP occupiers owe approximately $12,000 in legal fees, which is being paid back solely through fundraising efforts. "The costs were at the expense of winning our injunction against the City of Guelph in order to hold them accountable," said Campbell.

But has the the punitive legal action done anything to dampen the enthusiasm or commitment of these activists? It doesn't seem so. "It is up to the collective 'We', this growing environmental resistance movement," said Gilbert. "We need to continue resisting development and building new societies based on mutual aid and co-existence with the natural world that sustains us."

No court date has yet been set to hear the suit, according to the Hanlon Creek 5, they are currently in the process of discovery. About 30 people came out to show their support for the legally entangled quintet.

For more info about the Hanlon Creek 5, or to offer your support click here.

Celebrate Activism

NOTE: The date change below

From the people that brought you fighting the power and giving peace a chance, comes an event to celebrate those that stand up to the man and lived to tell about it.

Roots of Change
Thursday, April 1st, 2010, 6-11 p.m.
40 Baker St, Guelph, ON, Canada

We invite ALL members of the Guelph campus and community to come on out! There will be 4 key speakers who are all prominent local activists, either from the campus or community. They will share their stories of change and activism, with time for an audience question and answer period.

--->>>KEYNOTE SPEAKERS:<<<---

1. Abid Virani --> Co-founder of Student Reach International
2. Bob Gordon --> Involved this past summer with the HCBP occupation
3. mandy hiscocks --> OPIRG Volunteer Coordinator
4. Dr.Terisa Turner --> Co-director of the United Nations NGO, International Oil Working Group (IOWG)

-->>SPECIAL GUEST:<<-- We are pleased to announce that David Scott, a talented local musician, will be delighting us with his sensational acoustics and lyrics. Come to open your mind, open your hearts, establish new connections, and see a new light or perhaps find something you think is worth fighting for... bring your ideas and positivism and together we will learn from each others stories and make a difference in our community.

The evening is free by donation to support further continuation of the "Roots of Change" project, with complimentary beverages and food. We will have an open mic hour and encourage people to express their creativity by sharing poetry, singing a song, jamming out with some instruments or telling your OWN story!

We are currently in the midst of pairing this event with CFRU 93.3FM to record the event and make it into a mini series that will be aired on the station... so all of Guelph can be a part of the roots of change!! --> we'll keep you guys posted on the details!!

Invite your friends, family, teachers, peers. Spread the word!!

Consider it spread.

HCBP Episode II: Give Us Our Money!

Warm, spring days may still be at least another month away, but the City is opening the first salvo in what's sure to be another year in the contentious debate about the Hanlon Creek Business Park.

Now I'm not one for conspiracy theories, but this press release was sent to me while I, and numerous other media outlets, were focused on the Farbridge re-election announcement. (Not a big deal for, say, The Mercury, but I'm a one man show.) Anyway, I'll let the press release be read first, and then comment:

City and Belmont Equity take next step in legal action relating to Hanlon Creek Business Park Claim to protect taxpayers from costs 24-Feb-10

GUELPH, ON, February 24, 2010 – As part of the ongoing legal action relating to the Hanlon Creek Business Park (HCBP) occupation that took place last summer, the City of Guelph and Belmont Equity have served former occupants of the site with a statement of claim which includes damages in the amount of $5 million. During the occupation, the City obtained an injunction which prevents people from trespassing and interfering with business park construction. Service of the statement of claim is part of the legal process that is necessary for cases involving injunctions.

The claim is intended to ensure that the actual cost of damages incurred to date and potential future damages resulting from protestor activity can be recovered so the business park can move forward without further cost to taxpayers. The City and Belmont Equity are hopeful damages will not reach $5 million.

The City and Belmont Equity are not seeking punitive damages as part of the claim, but hope to recover the actual cost of damages, including damages to the site, resulting from protestor activities, and costs relating to the loss of monitoring equipment. The full extent of damages incurred to date and which may be incurred in the future is not known at this time.

The City and Belmont Equity’s statement of claim alleges conspiracy, interference with economic relations, inducement of breach of contract, trespass, nuisance and intimidation.

So the City of Guelph and Belmont Equity thinks it's going to get $5 million, in Canadian dollars, out of the people that occupied the HCBP last summer? I hope this more deterrent than actual legal action because I can't foresee a lot of those guys having huge depositories filled with gold that they dive into and swim around in a la Scrooge McDuck. Bottom line though, this is probably not the best way to chill the indemnity between the two sides in this debate.

Hanlon Creek Week Begins Today

Local activists aren't letting the moss grow under them as they continue to work to stop the construction of the Hanlon Creek Business Park with a week of events. I was sent the full schedule with details, which you can find outlined below. For updated information, go to the HCBP Occupation blog here.

A Week of Events to Celebrate the Hanlon Creek Wetland Complex

Monday November 23, 1:00 – 1:30pm
Guelph Police Station, near corner of Wyndham & Fountain St.

At 2pm on Monday, November 23rd, Kelly Pflug-Back will be serving the Guelph police department with a plaintiff's claim on behalf of herself and Julian Ichim regarding the Guelph police's alleged defamation and negligence in their investigation of Ms. Pflug-Back and Mr. Ichim.

Let the police know that we won’t support them acting as political tools for developers and the city.

Tuesday November 24
Xterra Construction office, 934 Guelph St., Kitchener

Xterra Construction has been contracted to tunnel pipes below the Hanlon Expressway at Clair Road to connect the HCBP to the city’s water, electrical, and telecommunications infrastructure.

Folks from Guelph and Kitchener will be dropping off letters notifying them of the contentious history of the HCBP, and the associated environmental and social problems that have made it the highest profile environmental issue in the region.

Wednesday November 25, 2:30 – 4:30pm
Hanlon Expressway and Clair Road, the site of pending construction.

Come join concerned residents of Guelph as we hold an educational rally at the site of the next round of proposed construction. We will have a friendly presence, a press conference, and will offer informative flyers to drivers as they stop at red lights. Warm drinks, baked goods, banners, and good folks will be present. The more people the better!

We’ll meet at the Via station downtown on Carden St. at 2:30, and will have free rides.

These are not invitation only events. In the interests of cordial relations the mayor, councilors and city staff are being personally invited.

Thursday November 26, 11am – 2pm
Xterra Construction office, 934 Guelph St., Kitchener

This is the first large gathering of the week. We’ll be holding a demonstration at Xterra’s office, to follow up on the delivery of our letters. This is a non-confrontational rally that is an opportunity to demonstrate our strength in numbers. Come hear from allies upstream of us in Kitchener/Waterloo and other guest speakers, about connections between the HCBP and environmental issues throughout the Grand River watershed.

We’ll be meeting at the Via station on Carden St. at 11am, with free rides there and back. Tentative schedule is for the demo to start at approx 12 noon, and be back between 2-3.

Friday November 27, 12 noon – 1pm
City Hall, 1 Carden St.

Come down to city hall for free lunch and a noon hour concert and jamboree. Call it a hullabaloo, a hootenanny, or a kerfuffle, but be there.

Let’s have a great time and remind those at city hall that there are many people in this community who are concerned about this issue and it’s myriad connections to other issues, including protection of our drinking water and downstream communities, forest preservation, biodiversity, mismanagement of municipal finances, remediation of brownfields, colonialism , disproportionate impacts on Indigenous people, and more….

This will be another opportunity to learn about what’s going on locally and how to get involved in this ever-expanding community effort. Sidewalk chalk, street theatre, and ye olde town crier may all make an appearance.

And for the grand finale, Friday night there’s a dance party for the Hanlon Creek!

Friday November 27, 9pm – late
Guelph Googenheim, 29 Woolwich Street, below Gordon Taylor Music

Hanlon Creek Drum Ensemble: Drum and Dance fundraiser for the Hanlon Creek legal fees $5, with fees going to support the legal defence during and after the occupation of the HCBP.
9:00 pm – Drumming welcome, ft. Prince Bamidele Bajowa of the Nigerian Yoruba people. Guests encouraged to bring drums!
10:30 pm – Liason into the hype DJ set ft. Josh Cold Killbert, Sebastian Butt, Tigre$$, and Wolk.

More info about the lawsuit against the police:

On September 2, people visited the home of the owner of Drexler Construction, the construction company working on the summer’s culvert. A Drexler family member was read a letter encouraging them to drop the contract.

The next day, the City of Guelph announced they were canceling the culvert work for 2009. The day after, September 4, the police announced a “criminal investigation” into charges of intimidation, based on the letter to Drexler.

On September 9, Kelly and Julian Ichim held a press conference at the police station where they read the letter, admitted being there, and tried to turn themselves in to the police for their “investigation.” Their lawyer, Davin Charney, said that evening, “This, to me, seems like another example where the Guelph Police are taking on a political role rather than simply a law enforcement role.”

Even though the police were hyping up their investigation, and two people came to turn themselves in, the police didn’t want anything to do with them. Shortly after that, the two land defenders chose to begin the process of filing a lawsuit against the Guelph Police Services Board. Mayor Karen Farbridge and councilor Gloria Kovach are both members of this board.

The lawsuit is for $30,000 for each, including $10,000 for defamation, $10,000 for breach of their Charter rights and $10,000 in aggravated and punitive damages.

“The police are being used as a political tool to repress dissidents,” Julian said that day. Their lawyer said police “have shown contempt for freedom of expression and democracy.”

On October 1, the police dropped the “investigation,” saying there was no evidence to prove Kelly and Julian were involved.

Links:
Text of letter to Drexler
Guelph Mercury articles on the subject

HCBP: That's all folks... for now

It would seem that those rascally Hanlon Creek Business Park Occupiers got their wish after all and stopped construction on the HCBP lands, for this year anyway. After the City got Ministry of Natural Resources approval to proceed with the construction of a culvert last week, it seemed it was full speed ahead to wrap construction before we got too deep into fall.

Press Release from the City:

GUELPH, ON, September 3, 2009 – The City of Guelph has determined that it will not proceed with construction of a culvert on the Hanlon Creek Business Park site in 2009, and will instead undertake culvert construction in 2010 as part of the overall servicing work for Phase 1 of the Business Park.

The decision comes this afternoon at the conclusion of careful analysis on the part of the City as to the environmental and technical implications of undertaking the construction in the fall rather than in the summer. One month of critical summer work was lost between July 27 and August 27 as a result of a small group of protesters having occupied the site. The original work plan would have seen all in-stream work completed before August 31. That plan was thwarted when protesters halted work on the project in July.

Construction of the tributary "A" culvert is considered to have lower environmental risks in the summer when groundwater levels and stream flows are low. Construction in the fall creates the potential for greater environmental impacts when groundwater and surface water levels are generally higher. To perform the work this fall would require extensive de-watering (a process whereby the shallow water table is manually lowered) and an elaborate diversion of the stream, the first of which would require a permit to take water and both of which would be subject to a potentially lengthy approval process.

City officials have decided that deferral until 2010 is the environmentally responsible and generally more prudent route. "A handful of protesters have held our City hostage and ignored democratic processes. Regrettably, the result is a significant delay, which will ultimately cost city taxpayers," says Guelph's mayor Karen Farbridge.

The City's contractor will be on site over the next few days to remove equipment and stabilize the site.

All construction planned for 2010 will move forward without delay. The City will work with Industry Canada to secure the use of more than $621,000 in federal funding, announced today, when it resumes its work in 2010. This funding was announced as part of the country's economic stimulus package to get Canadians working, create jobs and provide a legacy of longer-term economic benefits.

It's kind of odd to hear the Mayor talk about the City being held "hostage" and the cost to taxpayers, especially given that many involved with protesting are involved in the Ontario Public Interest Research Group, also known as her old digs.

But what do the protesters themselves have to say:

We just learned from a City press release that the City is cancelling the HCBP for this year, due to losing a “critical month” of summer work. In other words, the main goal of the occupation – stopping the HCBP for this year – has been achieved! The larger goal of stopping the HCBP as a whole, has yet to be accomplished. But we have a hell of a lot more time and energy to work towards that.

Check out this article from the Mercury: Farbridge says city held ‘hostage’
http://news.guelphmercury.com/News/Local/article/529069

Also see the City’s press release, which is basically the same: City delays culvert construction until spring (As quoted above)

Mayor Karen Farbridge also says that, “A handful of protesters have held our City hostage and ignored democratic processes.” If the Mayor had visited the site even once during the occupation, she would know that literally hundreds of people of all ages participated in the occupation, with thousands more in support.

The Mayor herself should ask how many times people must be ignored through their ‘democratic process,’ until they realize that sometimes the most effective way to create change is to take action.

Thank you so much to everyone for every single way you have helped. Let’s keep it going, and stay tuned for updates.

Good news!

This message was sent over both the "Save our Old Growth Forests" Facebook group and the "Land Is More Important Than Sprawl" group.

So there you have it, a small group of so-called radicals can really make a difference after all. My hope is that over the next couple of months, there is a serious reconsideration of proceeding with work on this site. It's plans were drawn years ago in a completely different economy. And I have yet to receive a decent counter argument as to why hundreds of acres of empty industrial space in the north end can't be converted to a new business park as opposed to digging up and paving over pristine green space.

Someone goes Bronson on the HCBP site

... As in "This ain't over." I suppose it was inevitable when the Ministry of Natural Resources said everything was cool for construction at the Hanlon Creek Business Park that someone would take significantly greater action against the construction plans for the site. This press release just came over the wire a little while ago, and it ain't pretty.

GUELPH, ON, September 1, 2009 – The City of Guelph has just learned that work completed yesterday to repair damage done during the Hanlon Creek Business Park occupation was sabotaged overnight – the time of day when salamanders, particularly juveniles, are most vulnerable. (I enjoy the upfront reference to the salamander, making it sound as if the person or persons that dug the trench were out to harm the salamander.)

Drexler Construction, the construction firm hired by the City to install a culvert at Road “A” on the Hanlon Creek Business Park site, discovered that trenches – filled yesterday to allow vehicles access to the site – had been freshly dug overnight.

As part of its Salamander Protection Measures Plan, developed with input from the Ministry of Natural Resources and Dr. Jim Bogart, Chair of the Jefferson Salamander Recovery Team, the City has deliberately isolated the construction area from 30 minutes before sunset to 30 minutes after sunrise when Jefferson salamander juveniles would be most likely to be moving from breeding ponds, if any are on site.

As the per the Minister of Natural Resources’ decision last week, the City plans to proceed with the work to rectify damage to the property, while continuing to adhere to the mitigation steps outlined in its Salamander Protection Measures Plan.

And this is not the first bit of mud slung following the successful injunction calling for work on the HCBP site to cease while the MNR did a further assessment in the interest of protecting the Jefferson Salamander. This came out a couple of days ago:

GUELPH, ON, August 28, 2009 – The City of Guelph has modified its claim to reflect its primary interest in recovering costs associated with equipment stolen from the Hanlon Creek Business Park site and damage to property.

As part of the City’s ongoing legal action relating to the Hanlon Creek Business Park occupation, it is required to file a statement of claim by end of day today – 30 days from its statement of action, filed July 30.

The City has no plans to seek punitive damages as part of its claim.

“We have modified our claim for damages sought, to protect our injunction, and to recover costs for stolen equipment and damage to property,” says Guelph’s Chief Administrative Officer Hans Loewig. “While the City has no plans to seek punitive damages, it does have an obligation to protect its injunction so that this project can move forward without further cost to taxpayers and unnecessary delays.”

The City may also look to recover costs associated with the present appeal, which it considers unnecessary in light of the Minister of Natural Resources' decision.

Then there was this article in the Guelph Mercury a couple of weeks ago, about how there was a mess left behind on the site by protesters. By "mess," the city meant the various traps and trenches dug by the protesters to stop vehicles from entering the site. It would seem that somewhere though, someone, though more likely someones, decided to take things to the next level. I appreciate their frustration, but this kind of action just gives the city leverage to not take future protesters seriously.

Having said that though, I do find it galling that the city is trying to position themselves as defender of the Jefferson Salamander against the carelessness of hardline, eco-saboteurs. In the political business, I believe this is called "managing the story."

End of a (Short-Lived) Era

Yesterday, the protesters at the HCBP site packed up their trash and headed home as per the court injunction. But these time there was no threat of police involvement, this was the natural end of the protest thanks to the earlier reported injunction issues the same day that said the City can't do any building on the land for 30 days.

Here's a reflective post written on the HCBP blog yesterday:

This morning we packed up camp and, with mixed feelings, left the beautiful place that had been our home for the last 19 days. It has been a really amazing experience for us. Much digesting, debriefing, and continue scheming awaits. Again, we offer such huge thanks to everyone who has participated and helped out in any way. Really, there are no words.

Today was a hot day, and after camp was taken down, a few of us had a special dip in the creek, saying our goodbyes and humble gratitudes to this sacred place. The blue heron circled around the meadows as we hung around the front gate, and as much as we will miss this place, it feels great to give the heron it’s home back. The huge 4-lane road Drexler bulldozed looks green again, as new grasses and plants, particularly coltsfoot, reclaim the meadow.

A very special thing happened yesterday morning, that re-affirms for many of us just who we have on our side. Soon after we had got the call from our lawyer about the injunction decision, we gathered around the morning fire where breakfast was being made, to discuss next steps. We had mixed feelings, a tentative joy, a wary excitement, a bizarre situation in general. At the very least it was clear to us that this land is much closer to being kept wild than if we had done nothing.

As we gathered in a circle, a pack of 16 or 17 turkey vultures came from the forest and circled overhead. It was the first time they had been seen in such numbers, and the first time they had joined us overhead in such a way. At that moment, near the end of this particular stage in this struggle, we all fell silent and looked up, as the group of them circled above us. This was not the first time a significant flock of turkey vultures has appeared at a particularly profound time to show support to some of the people in this circle. For many of us it was a wonderful affirmation, a clear message of thanks and solidarity from the other species who we share this land with. That feeling will carry us for a long time.

Besides that, we also had a press conference on the land yesterday, where five of the land defenders spoke with various forms of media and other supporters and participants. The backdrop was the two row wampum flag, the mohawk unity flag, and a black and green flag, all signifying various elements of what has inspired us and some of the underlying principles our lives are based on. We attempted to explain that this land occupation is about way more than the Jefferson Salamander, and way more than just opposing one development. When we get full video or audio of this, well link to it.

They ended by saying to stay tuned for more news and events coming up. It'll be interesting to see what happens now that the process is moving back to the power players like the City and the Ministry of Natural Resources. Whatever happens though, I think the protesters have a lot to be proud of, it's proof positive that small groups can still make a difference through dedication and savvy.

...Only this time, David won!

As of yet I have not seen anything on the official lines, but this came through my Facebook message inbox from the group "Save Our Old Growth Forest" not 15 minutes ago.

[The] judge has made his decision, and has decided to grant BOTH injunctions!

what this means, is that the cities injunction for removal of protesters has been granted BUT because the defendants (us) filed an injunction against the city to stop work, this injunction has ALSO BEEN GRANTED.

MEANING that work at the HCBP cannot continue for 30 Days! 30 days ahead brings us to September 13, just two days before the city's deadline to have work completed. It has set this deadline in order to comply with restrictions around fisheries and habitat protection.

so it would seem that we beat them at their own game! We are just now waiting to hear how long we will have to clear the site, but will keep things updated on fb and on the website.

THANKS TO EVERYONE!!! and please stay tuned.... :)

(Hooray!)

Whoa. Needless to say that this situation has surpassed all expectations. I sure the City is preparing its response, and I'm sure the HCBP occupation group will have more to say once the news sinks in. And once I hear anything more I'll post straight away, but indeed, a huge victory for the grassroots greens, and dare I say, precedent setting.

HCBP: Update from On Site

I got this this afternoon through the LIMITS e-mail address, although the e-mail stressed that it was forwarded to them from " the autonomous group of people who have shut down the HCBP construction." Anyway, I post it here now for your consideration:

UPDATES FROM THE OCCUPATION OF THE HANLON CREEK BUSINESS PARK SITE

Tuesday July 28, 3pm

Check out hcbpoccupation.wordpress.com for more information and photos.

Yesterday went off without a hitch. The first day of work was shut down & close to the end of the work day Drexler brought in a small crew to remove the heavy machinery from the site. Yesterday was one of the first hot and sunny days of the summer, but once the engine started on that machine, a massive rain fell and only ended once the machine was far from the site. Also as the machine left the site, a rainbow appeared to frame the machine. Soon after, the police presence was gone & we had a calm, quiet but celebratory night on site. At the end of the day we had a sighting of the blue heron, who calls the creek they are destroying it’s home, it flew
over our heads and into the wetlands for the night.

The city also came with police escorts to inform us that we are trespassing on their property sometime in the late afternoon.

At the same time we were on the site, 25 supporters gathered at city hall before Monday’s council meeting to let the city know that any eviction of the land defenders would be hotly contested.

This morning was good & there has been few sightings of police or workers. Folks have been getting acquainted with the site today, & working around the camp as well as taking walks through the old growth we have come out to defend.

We still need tons of support, you’re welcome to come out to the site and join us. We welcome anyone who can stop by and we really appreciate all the support, food & gifts and honks from the broader community. Come on out to the site to chat with us, the site entrance is just north of laird rd. & downey rd. in the south end of town.

You can get in touch with us by phone at:
519 820 6280 or 519 820 6239
or e-mail us at: hcbpoccupation@gmail.com

we are welcoming all donations & support & media coverage we can get.

The group is also asking people to get in touch with key members of City Hall, from Mayor Farbridge to Ward 6 councillors Ken Wettstein and Christine Billings to Peter Cartwright, General Manager of Economic Development and Tourism.

Stay tuned.