One of the new ministers in Ontario’s prime minister’s office, Doug Ford, is facing trial in September on charges of violating the province’s Endangered Species Act during his time as mayor of a provincial town, CBC News has learned.
Graydon Smith, who was appointed Secretary of Natural Resources and Forestry on Friday, was mayor of Bracebridge, Ont., For nearly 12 years until he won the Paris Sound-Muscoka race for the Progressive Conservatives in the June 2 provincial election.
Smith is accused of injuring or harassing Blanding’s turtles, identified by Ontario as an endangered species, and of damaging or endangering the turtles’ habitat. The city of Bracebridge itself and two senior municipal officials also face identical charges.
The charges have been filed by a local resident and are yet to be heard in court. Last Tuesday, three days before Smith was sworn in by the cabinet, the justice of the peace signed the charges and ordered the case to go to court on September 21.
The city and its employees are said to have disturbed the turtles and damaged their habitat by sorting between June and August 2021 on Peace Valley Road, about 15 kilometers northeast of downtown Bracebridge.
Michael Opara, a local resident who filed the charges, said he and his supporters sent an email and called city officials to warn them of the turtle nesting site by the road near a creek, and made a presentation to the council.
But the city continued to work.
The Blanding tortoise is on the list of endangered species in Ontario and is classified as “endangered”, which means that it is likely to be endangered if no measures are taken to protect it. (Parks Canada / Heike Reuse)
“For more than two years, we have been trying to make the city listen,” Opara said in an interview.
“One of their decisions was to pave more than 60 meters of the road, including turtle nesting sites, and it came to a point where we had enough and charges were brought.”
CBC News asked Smith and the prime minister’s office on Monday to answer the accusations. The only answer came from the Ministry of Natural Resources and Forests.
“[Bracebridge] the council listened to the concerns expressed and sought mitigation measures before proceeding with the project, “a ministry official said in an email.
“As this is a decision taken by the municipal council, the municipality is in a better position to give additional comments.”
A Braysbridge lawyer said Monday that she was confident the charges would be dropped.
Smith, the former mayor of Bracebridge, won the Paris Sound-Muscoka for the Progressive Conservatives with 2,114 votes to the Green Party candidate in the June 2 election. (Graden Smith)
“The fact is, and the evidence will show that the city has acted diligently and appropriately in completing the necessary road works near the turtle habitat,” said Sarah Hahn, a partner at Barriston Law.
“It is unfortunate that urban resources must now be used to respond to these baseless allegations,” Hahn told CBC News.
David Donnelly, an environmental lawyer in Toronto, says last week’s decision by the justice of the peace to set a court date for the case gives the prosecution legitimacy.
“There are essentially enough grounds to go to trial,” said Donnelly, who has bought private charges in the past but is not involved in the Bracebridge charges.
“This is the same vetting process as anything that the police can take to a prosecutor or that the Department of the Environment or any other ministry will undertake,” Donnelly said in an interview.
Michael Appleby, president of the South Bracebridge Environmental Protection Group, a non-profit organization founded three years ago, says Muscovites are deeply concerned about the species at risk.
“If proven, the city’s actions are very disturbing, given that this was a situation that was so easily avoided,” Appleby said in an interview.
“We support the city’s accountability and will monitor this case as it continues.
Smith won Paris Sound-Muskoka with 2,114 votes in a race that was remarkable as the only ride in the province where the Green Party candidate was second.
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