{"id":49948,"date":"2021-09-09T16:17:13","date_gmt":"2021-09-09T20:17:13","guid":{"rendered":"https:\/\/www.greenpeace.org\/canada\/?p=49948"},"modified":"2021-12-06T06:22:33","modified_gmt":"2021-12-06T11:22:33","slug":"court-win-doug-ford-government-broke-the-law","status":"publish","type":"post","link":"https:\/\/www.greenpeace.org\/canada\/en\/story\/49948\/court-win-doug-ford-government-broke-the-law\/","title":{"rendered":"Court WIN: Doug Ford\u2019s government broke the law"},"content":{"rendered":"\n

We took Doug Ford\u2019s government to court for failing to consult Ontarians before gutting environmental laws. Now the Ontario court has confirmed that his government\u2019s actions were indeed \u201cunlawful\u201d.\u00a0<\/em><\/strong><\/h2>\n\n

It\u2019s official!<\/p>\n\n

Last July, Doug Ford\u2019s government passed a major omnibus bill that made significant changes to numerous environmental laws. The Ontario government is legally obligated to consult the people of this province on decisions that impact our environment \u2014 but it didn\u2019t. Instead, Bill 197 was tabled and passed in just two weeks with zero public consultation<\/strong>.<\/p>\n\n

So, together with Wilderness Committee, Ecojustice and the help of supporters like you<\/strong>, we took the Ford government to court<\/a>.<\/p>\n\n

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Source: giphy.com<\/figcaption><\/figure>\n\n

Now, the Ontario Divisional Court has ruled that the Ford government acted \u201cunreasonably and unlawfully\u201d by failing to consult the people of Ontario<\/strong> before making sweeping changes to the rules governing minister\u2019s zoning orders (MZOs) within Bill 197.<\/p>\n\n

What exactly is a minister\u2019s zoning order or MZO? Maybe you\u2019ve been following some of the frontline environmental battles<\/strong> in communities across Ontario: To save wetlands from being paved for a warehouse<\/a>. To save protected lands from being turned into a housing development<\/a>. Or to stop a high-emissions factory in a small town<\/a>.<\/p>\n\n

These and over 40 other projects<\/a> were approved by the Ford government via MZO. This tool allows the minister of municipal affairs and housing to simply declare how a piece of land will be used<\/strong> without following the due process. This means being able to skip local planning requirements, environmental impact assessments and public consultation. And after the decision is made, there is no way for citizens to appeal it.<\/p>\n\n

\"Premier
Ontario Premier Doug Ford with Minister of Municipal Affairs and Housing Steve Clark. Photo credit: Huffington Post<\/figcaption><\/figure>\n\n

Past governments used this tool only in emergencies, but the Ford government has been rolling out MZOs by the dozen. And then with Bill 197, they cut the restrictions around MZOs even further. The government finally posted these changes for public comment in December 2020 \u2014 months after they became law<\/strong> and in the face of multiple lawsuits.<\/p>\n\n

The Ontario Divisional Court was not impressed<\/strong>. In their ruling<\/a>, the court said that: \u201cThese are amendments that manifestly could have a significant impact on the environment, and there is nothing in the record to support the reasonableness of the decision not to post.\u201d<\/em> It added that: \u201can after-the-fact posting does not satisfy the requirements of the EBR [Environmental Bill of Rights], which is meant to give the public an opportunity to be consulted on certain types of proposals that could have a significant effect on the environment <\/em>before such a proposal is enacted.\u201d<\/em>\u00a0<\/p>\n\n

The lawsuit was not a total win<\/strong>. The court didn\u2019t agree that the Ford government acted unlawfully \u2014 as we argued it did \u2014 when it amended the Environmental Assessment Act and numerous other laws in Bill 197 without first consulting the public. But it is nevertheless an important victory. <\/p>\n\n

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YES! Ontario acted \u2018unreasonably and unlawfully\u2019 with changes to minister\u2019s zoning order legislation

Our full reaction here: https:\/\/t.co\/GNF3Zn6Qtm<\/a> pic.twitter.com\/Sydy5N8sj5<\/a><\/p>— Greenpeace Canada (@GreenpeaceCA) September 8, 2021<\/a><\/blockquote>