Georgetown Herald (Georgetown, ON), January 31, 1979, p. 23

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Legal war THE HERALD Wednesday January 1ST Page Corridor opponents say next step may shake government By PAUL DOItSEY Herald writer The Immense legal war but rounding Ontario Hydro ap plication for permission to build a section of the Bruce to Milton transmission through Hal ton Hills is expect to take on even more serious implications with the ruling of a divisional court this spring the weight of which according to corridor could possibly lead to the collapse of Ontario Progress ive Conservative government The town of Hills and the Interested Citizens Group ICG have filed application for a hearing before the divis court that is expected to take place in late March or early April There the right or the Ontario Municipal Board to lake any aland on the corridor issue will be chut lenged The two parlies which jointly oppose Hydro request for planning amendments that would authorize construction of a mile section of the corridor through Halton Hills contend that the OMB has no jurisdiction over the matter in view of granted Hydro by the provin government to proceed with the line HYDRO HEARINGS During his summation be fore the at hearings held in Georgetown two weeks ago Hydro lawyer John Parkinson expressed doubt thai the ICG and Hills sincerely In tend to follow their stated proposal to bring a motion of prohibition before the courts thai would preclude the from participating in he cent rovcrsy Their notice of motion he contended is simply another delaying lactic aimed at keep ing the corridor out of Halton Hills a longer ICG spokesmen John Sch and John Minns told The Herald following ihe hear however that the motion for prohibition Is already filed with the divisional court and the ICG has every intention or following through with its dial At stake in the court hearing the two spokesmen explained is the question of which incial legislation lakes preeed in the corridor by which Hydro could have constructed Bruce to Mil corridor at Ihc outset with having to apply foi pal permission or Ontario Municipal and Planning Acts upon which Hills is replying to enforce its official plan clause that requires council approval for amend men is before major utilities such as the corridor can be COKJUDUll OPPONENTS Mr Parkinson based his allegations last week on he presumption that the corridor opponents cannot win their battle regardless of the court eventual decision if they do challenge ihe jurisdiction Interpreting the issues at stake before the court he conceded it is a legal question whether or Hydro normal municipal planning procedures in view he hat the Power rations supercedes both munic rights and the only of the Nevertheless Mr Parkinson said Hydro has chosen follow planning procedures Taylor supports us says ICG SNOW SCOUTS With all that snow around die of the North District Seoul winter Saturday and Sunday il was inevitable Ihnt some of it would Us into snowballs In hands of some of the scouts Craig I ucas and Greg weren tlheonl combatants bjalongshol they were firmly enough entrenched that Ihe staved put long enough lor The Herald s photographer to capture Ihem on film Herald photo Herald special When citizens opposing the Bradley cor come before the legislal select committee on Hydro affairs they will have moral support ram a former minis tor Interested Cilizcns Group ICG officials have confirmed hat some of the information to be presented committee comes from discussions held with former Ontario Energy Minister James Taylor Mr Taylor who resigned the portfolio about one year ago has claimed in several inter views that Ontario Hydro is out of control John Minns vicechairman of the group representing about land owners along 109mile corridor route said that Mr Taylor provided information for use before an Ontario Municipal Board hearing held this into Hydro efficient plans zoning amendment cations in Italian Hills Mr Taylor 1 be acted Sunday for comment FORMER MINISTER Mr Minns said the former minister will be viewed in history as an man who recognized some problems a position nol taken by his sue Mr Taylor received an ICG presentation in December and presented his views to cabinet said Mr Minns the former minister I feel cabinet his knowledge or his sense urgency over ihe issue Among the evidence to be presented before Ihc commit lee is the groups attempt show how Hydro law Garafraxa townships lo stop instruction of ihc corridor since 1974 have been ignored although township Official Plan like thai ol Hills docs not pcrmii corridor land Towers have been construe led in township although no attempts have been made change the townships official Hills has stalled the in constructing the until the rules on the and zoning changes The nine days of testimony in Hills also very clearly Ontario Hydro has done a number of things thai were not within the spirit or Idler the Mr Minns said He said the will be hard pressed to make a decision the wishes of Region which compos a population and submit to public scrut my rather than rely on Ihe over riding authority of exist provincial legislation and the support already granted it by the Ontario Cabinet However he claimed if Ihe divisional court rules that the has no in the corridor affair takes immediate precedence and construct ion of line through Hills tin proceed If on other hand ihe motion for prohibition is den ted in court decision of will stand and that decision Mr Parkinson argued musi fall in Hydros since established government policy be questioned We all have a marvelous debate on constitutionality of the whole affair he told the but the line will be built The reasons for taking matter before Ihe courts were quite different as explained by the ICG however WINNING LOSING The whole controversy ne ver has been a matter of winmngorlosing Mr Schne claimed It a mailer of demonstrating lo the people of Ontario the number of back up steps the government has tak en illusion that its decision ton the corridor route was not arbitrary Mr Schneider said that the corridor Issue is one many civil rights problems ihal are of an historical trend thai has seen more and more civil freedoms yielded to democratic governments Increasingly he said the gov becomes arbitrary in Us decisions and ceases to be responsive to Ihc wishes of the people Initially Mr Schneider re called Ha Hon Hills lawyer I- red sought a court injunction would prevent Hydro from undertaking any line construction work in the municipality until a f dec had been made There was some evidence thai minary work was taking place the corridor opponents noted Mr and the ICG soon learned that such ions were precluded by the Power Corporations Act how ever which Ihus lent further support the authority a ready granted Hydro by Cabinet proceed with the line If the authority to build corridor from Bruce to Millon had already been granted Mr Schneider contended then public meetings and hearings conducted regard to the corridor including ihc recent sessions have been a farce that will ultimately have no bearing on the final decision POLITICAL RIGHT At the the govern had political right to construction of the corridor along any route it chose Mr Schneider as id and despite the poor decis ion which corridor opponents feel he government made Ihe political nature of the decision was at least adequate ation in itself The ICG is incensed though over gov subsequent decision to try and make Its route choice seem to comply with law of he land he explained The ICG that the corridor route cannot be just if led in terms technical and environmental standards and any approval granted the lines construction would cir the law Mr Mr Schneider and Mr Minns acknowledged if the court rules that Ontario s Planning and Municipal Acts take precedence over the Corporations Act the dor cannol be built since Hal ton Hilts rightfully uphold its previous decision to keep the line out If however the court decid that the Power Corporations carries more weight as is generally expected ihey led out then the ICG claim thai public participation in the corridor planning has been a sham will be proven correct ihe corridor can thus be built n on the basis of the govern original political If does happen Mr Minns predicted ICG has new grounds to appeal ions by which ihe corridor route was selected and endors ed What is more Important the government attempts to its political authority in selecting the corridor route by holding public hearings con be challenged in the leglslat ure he sold A showdown at Queen s Park ihe Con minority govern ment and the two opposition parties Mr Minns speculated could leave the Tones on dangerous ground as Ihey arc forced to explain the latencies in their initial approach lo the public vement in Ihe matter Balanced police budget predicted by Commission The Regional Police force will come in within the budget when final accounts for the year come in accounts supervisor A Pat terson told the police commls last Thursday Mrs Patterson said there are a few invoices yet lo come in but Ihey should be in by end of the month At that lime total expenditures for the vear will be known but Mrs Pat tenon said she expects the figures will reveal ihe force came in well within the budget In spite of all the gnashing and a few extras we figured on we came in within budget and I think that a commendable mayor Harry chair man of the commission said TOWN OF HILLS POOL NEWS The Halton Hills Recreation Department Is offering yearly membership passes for our Recreational swimming program These passes will allow an individual or family to use our pool facilities for one year at a very reasonable rate These memberships can be purchased at the pool during the regular program hours and are good for days rates are as follows Single pass year Family pass 60 year Single pass with sauna year Family pass with sauna 70 year The sauna rates are tor Acton Pool only For further Information please contact the Recreation Department at or the pool facilities 8770173 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