Halton Region is once again taking its fight against the proposed CN intermodal hub to the Supreme Court of Canada, seeking leave to appeal a Federal Court of Appeal decision upholding CN’s federal approvals for the project.
A recorded vote was called after a closed session at Wednesday’s regional council meeting, with all but one member supporting the motion put forward by Milton Mayor Gord Krantz.
Burlington Mayor Marianne Meed Ward was among those who voiced support, calling it “a fight for human health,” while Milton councillor Sameera Ali warned about the potential for long-term, irreversible health impacts that could extend across Halton.
“I've been going to local high schools and Grade 8 classes, and speaking to residents and children, and the children cannot believe that their future and the air quality of their Town is at risk here," Ali said.
By seeking leave to appeal, Halton Region is requesting that the Supreme Court hear the case. The latest move is expected to add about $150,000 to ongoing legal costs, with another $250,000 required to proceed if the application is granted. To date, the region has spent nearly $30 million opposing the project.
Milton councillor Rick Malboeuf, who opposed the motion, argued that further spending is unjustifiable. “I cannot justify wasting another $400,000 of taxpayers money, especially based on the track record — to date — of our legal counsel.”
Earlier in the meeting, resident Danielle Masanto, speaking on behalf of grassroots group Milton Says No, shared her personal story and opposition to the intermodal terminal, a fight she has been a part of for over 10 years.
She was alarmed when she learned of CN’s plan to build a 400-acre industrial facility — requiring 1,600 truck trips per day and operating 24/7— would be located so close to neighbourhoods.
Town of Milton officials have noted that the site — east of Tremaine Road and south of Britannia Road — is less than a kilometre from approximately 34,000 current and future residents, a hospital, 12 current and future schools and two long-term care homes.
“We know that intermodal terminals and similar infrastructure are important, but equally important is that they are built in safe, appropriate locations where they best and most safely serve the needs of our national supply chain,” Masanto said.
Rejecting claims that the fight has been a waste, Masanto pointed to extensive environmental and safety studies showing the location is unsuitable. “No corporation should be so protected by the federal government that it can compromise the health and safety of Canadians for its own benefit,” she said.
A CN spokesperson previously stated that the project underwent a rigorous environmental review process to ensure it meets high standards, and that the company is committed to uphold 325 conditions in place to protect the community and the environment.
Back in July, the Supreme Court dismissed a similar application from the region, which sought leave to appeal the ruling of the Ontario Court of Appeal on the issues of “exclusive jurisdiction and the role of municipalities.”