SOS Bulletin

 

March 8, 2006

 

Save Our St.Clair has decided to continue the fight against the proposed exclusive transit lanes, but not through the courts. We are closing this chapter of the fight. Our fight will now be focused on the political fight to stop the ROW.

 

We believe that there were legal grounds for an appeal of the Divisional Court decision, but not sufficient for us to have a reasonable chance of success. Further, we believe that there were irregularities when the City appeared at the Ontario Municipal Board, OMB, on January 25 . They did not notify all parties either of their intention to request a hearing on the transportation policies, or of the details of what they would be requesting. The City sped up the process by requesting an immediate order, an unusual move. Finally, the City by-law enables them to seek partial approvals only of geographic areas of the Official Plan, not of sections of the OP. These irregularities seem to demonstrate the City's purpose, an end-run move. However, we have been advised that the OMB sets its own process, and that there is no absolute requirement to notify all parties. Most disturbing, we have been informed that the OMB is not fair and will do whatever it wants. So, any legal efforts we might pursue as prejudiced parties to overturn the OMB's January 25 order would likely not succeed.

 

The City and the TTC have agreed to waive the court costs that they had been seeking, totalling $171,015.80, in return for our not requesting leave to appeal.

 

We are very proud of the legal fight that we waged. We were driven to the courts because we could not get heard and obtain justice through the political process. We were told by Howard Moscoe, Joe Pantelone and several others that the decision to build exclusive lanes was a 'done deal'. Nevertheless, as citizens we participated in good faith in the environmental assessment study. The fact that the concept for exclusive transit lanes contained in the report of the environmental assessment study in 2004 does not differ substantively from the proposal contained in a 2002 staff report makes a mockery of the City's $600,00 'public consultation' and study process. We then requested that the Minister of the Environment require a new environmental assessment, informally called a 'bump-up'. This too was a political decision, as we learned later; the Minister never requests a bump-up. Howard Moscoe was truthful when he told us that the Minister would never overturn a City decision. What are citizens then to do to be heard? We went to court. And we won fair and square; we exceeded everyone's expectations. But subsequent byzantine manoeuvres of the City and TTC cheated us of a just decision.

 

What is the lesson? The lesson here is that the only way now to stop this project is to fight the City politically. We need a more democratic government, one that listens to, and respects local neighbourhoods. One that is responsible and accountable. So we are mounting a full campaign between now and the November 13 municipal election. We will make this issue a city-wide issue. Afterall, the city proposes to build dedicated lanes, "higher order" transit projects rolling out between now and 2008 on Eglinton Avenue, Lawrence Avenue, Sheppard Avenue, Kingston Road, King Street, Queen Street, Dundas Avenue West, Bremner Boulevard, Don Mills Road, Lake Shore Boulevard and Jane Street. We now know that the City's plan is not altered by the prospect of damaging neighbourhoods, having a reasonable alternative, or not actually improving transit. The St.Clair project would cost between $65M - $100M for a 1-minute savings for the average passenger trip. How is that cost-effective? Why not spend the money extending public transit to under-serviced areas across Toronto?

 

Our fight is not over. We will keep this issue in the public eye. We will advocate with both the provincial and federal governments. We will demand that City Council stop exclusive transit lanes on St.Clair. Council reversed the decision to build the fixed link to the island airport after voters elected David Miller on that exact promise. We will demand the same. We will seek new candidates where appropriate, and support candidates based on their support for our cause. Mayor Miller and City Council must be made accountable. As work now proceeds on St.Clair from Yonge to Bathurst, we will see the sidewalk cuts, the congestion, the lack of accessibility, and all the other impacts of this project. We will also see mounting costs. So, let's hold the politicians accountable. Let's stop the ROW barrier, and save our St. Clair.

 

"Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has."

 

So, don't mourn, organize!

 

Margaret