A federal court of appeal decision to overturn a previous ruling, allowing the CN intermodal project to move forward in Milton, has left many residents and officials more than a little frustrated.
“I’m really disappointed,” said Rita Vogel Post, a longtime resident and vocal opponent of the project with the grassroots group Milton RAIL. “It's determined it's going to have severe or adverse health impacts to the community. Is that not enough?”
In a ruling issued on Oct. 4, the federal court of appeal concluded that the truck-and-rail hub's approval by the federal environment minister was “reasonable.”
This reversed a lower court decision in March, which had called the minister’s approval of the project “flawed” and “unreasonable” for failing to meaningfully take into account its “significant direct adverse environmental effects on human health.”
The latest ruling found that the minister had addressed concerns about air emissions and their impact on public health, with mitigation measures that go beyond those recommended by a review panel. These conditions include capping the number of trucks entering the project area to 800 per day and implementing an air quality plan focused on emissions reductions, electrification of vehicles and follow-up programs to assess the effectiveness of these measures.
At the heart of the debate is CN’s plan to build a 400-acre logistics hub east of Tremaine Road and south of Britannia Road. The intermodal facility, designed for transferring containers between trucks and rail cars, would operate around the clock, generating 1,600 truck trips daily.
The Town of Milton has voiced strong opposition, arguing that the location doesn’t align with the Town’s or Halton’s official plans. Officials point out that the site 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.
In addition to concerns over health and environmental impacts, there are also significant traffic and economic implications.
A CN spokesperson said 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.
Despite the setback, Mayor Gord Krantz said that the battle is “far from being over.”
“I'm still very hopeful and wishful that the Region will still take a lead role in advancing what needs to be done in the future,” Krantz said at council meeting Monday.
Coun. Sameera Ali echoed the disappointment.
“The federal government has completely failed us,” Ali said. “We now look to the provincial government to — perhaps — work with us, so that we can enforce their provincial bylaws and make sure that our community remains safe and protected.”
The Region has indicated that it is “reviewing the decision in detail and considering legal options.”
Meanwhile, Milton Says No, another local citizens group, affirmed its commitment, saying “we are not backing down” and that they “will continue to support the legal efforts” of the Town and Region to halt the project in its tracks.
“This is about more than just stopping a facility — it’s about defending our right to clean air, a safe environment and a healthy future for our children,” the group said in a statement on social media.
After fighting the project for more than 20 years, Vogel Post admitted that she is losing hope.
“I'm scared to see what Milton or Halton will be like in the next 10 years, 20 years,” Vogel Post told MiltonToday. “ I don't know if I feel very hopeful right now.”
“Regardless of what happens, continue to be involved and be informed. There's a lot of people that have been very committed to doing this. And I think everyone can hold their head high, knowing they did the best they can, and hopefully it will still have a better outcome.”