Federal court rules that Minister must decide whether there should be a public review

In a judgement issued on June 9, the Federal Court of Canada ruled that it is up to the Minister of Environment and Climate Change to decide whether to appoint a public panel to review the Springbank Off-Stream Reservoir Project.
 

To recap, it was determined that the Springbank Project comes under the jurisdiction of the Canadian Environmental Assessment Agency (CEAA). CEAA had previously decided that an environmental assessment is warranted, but via a ”desk review” rather than a full “panel review”.  The decision not to have a panel review was challenged by a group of landowners whose property would be acquired to build the Springbank Project. A panel review involves a public hearing and could add a year to the overall regulatory approval process.
 

The Federal Court ruled that the decision making process of CEAA and the consideration of the relevant factors in determining whether a panel should review the Springbank Project was deficient, and the decision that a panel is not required was set aside. The Federal Court then directed that the Honourable Minister McKenna herself make the decision of whether a panel should be struck. So now, the Minister must make the final decision on how the CEAA is to proceed: via a desk review or a panel review.
 

Read more: CRCAG’s submission letter to CEAA when it was determining whether it would initiate its own assessment on the Springbank Project.

The silver lining? Judge Campbell did not favour the applicant’s request to order a public review himself. If a public panel review is deemed necessary by the Minister, the process could delay the project a year or more.

As we all know, each year that passes before the Springbank Project is in place leaves Calgary exposed to the next inevitable flood, and increases the risk that it is ever built at all. This project cannot be delayed further.
 

CALL TO ACTION! Write to Honorable Minister Catherine McKenna at ec.ministre-minister.ec@canada.ca or via mail, and cc your Member of Parliament (MP resources: contacts and ridings map).

Click here to download a pre-written letter to the Minister.

Thanks,

Your CRCAG Board

SUMMARY

The Calgary River Communities Action Group (“CRCAG“) was formed in July 2013 after the historic flooding in Southern Alberta (the “2013 Flood“) and, with close to 1,000 members, represents communities and businesses surrounding the Elbow and Bow rivers in Calgary (the “Impacted Communities“).  Included in the Impacted Communities are downtown Calgary, the Calgary Zoo, the East Village, Calgary City Hall, the Stampede grounds, the Scotiabank Saddledome and numerous residential communities. 

As an advocate for business and home owners in the Impacted Communities, CRCAG has been a proponent for, among other things: (i) upstream flood mitigation infrastructure for the Elbow and Bow rivers, and (ii) appropriate and helpful development policies in the floodway and flood fringe.  We are very supportive of the dedicated efforts undertaken by the Government of Alberta (“GOA“) in pursuing the Springbank Off-stream Reservoir project (the “Springbank Project“).

The Springbank Project is a proposed off stream flood mitigation project approximately 15 kms due west of Calgary close to the Elbow River.  The Springbank Project comes under the jurisdiction of CEAA which has decided that an environmental assessment is warranted.  In a decision on or about June 23, 2016, CEAA decided not to have a panel review.  The decision not to have a panel review was challenged by a group of landowners whose property would be acquired to build the Springbank Project.  On June 9, 2017, the federal court ruled that the decision making process of CEAA and the consideration of the relevant factors in determining whether a panel should review the Springbank Project was deficient and the decision that a panel is not required was set aside (decision attached).  The federal court then directed that the Honourable Minister MacKenna make the decision herself of whether a panel should be struck.

Our ask is that the Minister act on this direction from the federal court as soon as possible and that a panel not be struck as it would unreasonably delay construction of the Springbank Project.  Each year there is a clear and present danger posed to Calgarians due to flooding.  The Springbank Project is the only viable flood mitigation project for the Elbow River and is supported by all three levels of government and is urgently required to address flooding concerns.

Here’s a link to our website and our post for our recent AGM, at which the Honourable Minister Kent Hehr, Mayor Naheed Nenshi and Alberta Justice Minister Kathleen Ganley all spoke in strong support of the Springbank Project and of the many initiatives underway to protect Calgary:

http://protectcalgary.com/summary-2017-crcag-agm-thank/

We look forward to speaking with you in the very near future.

Media coverage:

• CBC News – Federal court sides with Springbank dam opponents, calling on environment minister to weigh in
• Calgary Herald – Federal court decision puts Springbank assessment issue in minister’s lap
• Calgary Sun – Springbank dam foes win court victory
• Global News – Springbank dam faces another hurdle as opponents celebrate court victory