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Kitchener-Waterloo

MPPs decry lack of consultation by Cambridge and province for warehouse MZO

Cambridge MPP Belinda Karahalios, Green Party of Ontario Leader Mike Schreiner and four NDP MPPs have called for public consultations into a ministerial zoning order for a large warehouse to be built in Cambridge. Officials with Six Nations of the Grand River say they weren't consulted.

Citizen group says they and Six Nations of the Grand River have been 'disrespected'

A sign attached to a tree in the Blair area of Cambridge addresses an MZO (ministerial zoning order) approved by city councillors in Cambridge in April. People are upset the city didn't do public consultations on the MZO before approving it. (Carmen Groleau/CBC)

Several opposition MPPs, including Cambridge MPP Belinda Karahalios and Green Party of Ontario Leader Mike Schreiner, are calling for public consultations to be done on a ministerial zoning order endorsed by Cambridge city council earlier this year.

In a statement Tuesday, Karahalios said there is "widespread opposition" to the ministerial zoning order or MZO that would allow a 100,000 square meter warehouse to be built in the area of Cambridge known as Blair, just south of Highway 401.

Karahalios, who helped formthe New Blue Party after she was removed from the Progressive Conservative caucus in July 2020, wrote that she's called on Ontario's Minister of Municipal Affairs and Housing Steve Clark and Cambridge Mayor Kathryn McGarry"to ensure that concernsare heeded and precautions are taken."

"Minister Clark stated early on that his expectation was that the municipality, 'hascompleted their own due diligence, including with local communities who will beimpacted by the requested MZO, before a request is sent for my consideration,'" Karahalios' statement said.

"Clearly that did not happen in the beginning, and moving ahead, it looks likeconsultation is not top of mind for anyone locally or in Toronto who has a say in thisprocess."

Six Nations officials not consulted

Karahalios made the commentsafter it was revealed officials in Six Nations of the Grand River may not have been properlyconsulted on the warehouse development.

The land falls withinthe Haldimand Tract, which includes 10 kilometres on either side of the Grand River. It was granted to Six Nations of the Grand River in 1784 for allying with the British in the American Revolution.

While we think we've been disrespected in this process, it's pretty clear the Six Nations of the Grand River have been disrespected for more than 150 years- Alan Van Norman, co-chair, Blair Engaged

TheHaudenosaunee Confederacy Chiefs Council, the traditional government of the Six Nations, made acall earlier this year for a moratorium on development of the area.

Two letters are expected to be sent to Cambridge mayor and council on Tuesday.

One is from Blair Engaged, a citizen's group formed to bring awareness to the project. The second letter is from Six Nations lands and resources director Lonny Bomberry.

Both letters are critical of the lack of consultation done by the city.

"While we think we've been disrespected in this process, it's pretty clear the Six Nations of the Grand River have been disrespected for more than 150 years," said Alan Van Norman,co-chair of Blair Engaged.

Bomberry'sletter was initially sent toDavid Donnelly, thelawyer representing the Blair Engaged group.

This map of where the warehouse will go in Cambridge was part of a package from the Broccolini Real Estate Group presented to city council on April 6, 2021. (Broccolini Real Estate Group/Cambridge City Council agenda)

In that letter, Bomberrywrote thatthe city's planning department wouldn't meet with the Six Nations of the Grand River consultation and accommodation process team.

He also saidhe eventually set up a meeting with the developersbut received answers he called "very vague" or "in some cases misleading and not helpful in allaying our concerns about the environmental impacts of this proposed project."

MZO a 'critical tool,' province says

AMZO allows the provincial minister of municipal affairs to bypass local planning rules to spur development.

The province says on its website that an MZO is a "critical tool that can be used to support and expedite the delivery of government priorities, including transit-oriented communities, affordable housing, long-term care homes and strategic economic recovery projects by removing potential barriers and delays."

Conrad Spezowka, a spokesperson for the Ontario government, wrotein an email to CBC Hamilton that the province issued the CambridgeMZO at the request of the city to "get shovels in the ground faster for a warehouse distribution centre, helping create up to 1,400 jobs and support the city's ongoing response to COVID-19."

Spezowkaalso said Minister Clark "had previously sent a letter to the municipality encouraging meaningful engagement with local communities who may be impacted by the requested MZO."

But the use of MZOs hasbeen controversial. The province has been criticized forpushing through projects in Toronto. There was also concern about anAmazon warehouse proposed to be built on a wetlandin Pickeringwhich has since been cancelled, as well asa case in Stratfordwhere the city approved, thenasked the province to rescind, an MZO for a proposed glass companyto build a factory in the city.

The groupRescue Lake Simcoe Coalition said in August is had concerns about an MZO that would allow for urban sprawl, nearly double the size of the town of Innisfil and lower water quality in Lake Simcoe.

Residents in the Village of Blair in Cambridge are upset city council didn't consult them about a massive development in the area. (Carmen Groleau/CBC)

On April 6, Cambridge city councillors voted 9-0 to endorse theMZO for the warehouseto be built by Broccolini Real Estate Group. It has not been made public what company will use thewarehouse.

After outcry from the community, a month later city councillors voted unanimously in favour of making public consultations mandatory when MZOs are proposed in the city.

'Meaningful consultation' needed: Schreiner

In a statement Tuesday,Schreinersaid the province must move to revoke the MZO.

"Instead of fulfilling their duty to consult with First Nations, Premier [Doug] Ford and Minister Clark would rather side with what is expected to be an Amazon warehouse,"Schreiner wrote.

"I'm calling on Doug Ford to revoke theMZOfor the suspected Amazon warehouse in Cambridge until the government engages the Six Nations of the Grand River Elected Council in proper and meaningful consultation."

In a joint letter, four NDP MPPs, including two from Waterloo region, wrote an open letter to Clark with their concerns about the project.

"The Ontario government's own lawyers acknowledged that the failure to consult First Nations prior to issuing an MZO in Pickering faced a high risk of not fulfilling its consultation obligations. To move forward once again with an MZO that is possibly unconstitutional is irresponsible, and disrespectful," said the letter signed byJeff Burch of Niagara Centre and the NDP's critic of municpal affairs,Sandy Shaw ofHamilton WestAncasterDundas, Catherine Fife of Waterloo and Laura Mae Lindo of Kitchener.

"Until the duty to consult has been met, this MZO is troubling, and inappropriatelystepping on the rights of First Nations, treaty holders and community members."

Donnelly told CBC News if the city doesn't hold a public consultation or reverse the MZO, it's a "slap in the face" to locals and Six Nations.

"A failure to hold a public meeting to discuss the MZO would be a blatant act of hypocrisy for anyone who readsthat Indigenous territory land acknowledgement at the beginning of every council meeting," he said.