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January 18, 2004Government of CanadaGovernment of Ontario

THE TAY RIVER LEGAL DEFENCE FUND

For Immediate Release January 18, 2004

ENVIRONMENT MINISTRY RESOLVES FOUR-YEAR STRUGGLE OVER WATER PERMIT

Ontario’s Ministry of Environment has cancelled the controversial water-taking permit issued by former Minister Chris Stockwell to OMYA Canada Inc. In its place, MOE has issued a new permit that reflects the precautionary approach taken by the Environmental Review Tribunal.

The permit issued by Minister Stockwell had authorized the company to increase its water-taking up to 4,500 cubic metres per day from the Tay River. The new permit will instead limit OMYA's taking to 1,483 cubic metres of water per day and will be in place for six years, until January 1, 2010.

This precedent-setting, David and Goliath case, shows what can be accomplished with co-operation and perseverance. The Canadian Environmental Law Association provided affordable legal services when the legalities of the struggle became too complex for ordinary citizens and the Council of Canadians provided valuable assistance and encouragement throughout the four years.

Carol Dillon, one of eight parties who appealed the original permit in 2000 said, “This is a meaningful resolution of a four year struggle that we welcome with both joy and relief. As citizens trying to ensure a sustainable and future-oriented approach to water management, we are grateful for the support of so many in the community for such a long period.”


"We're very pleased that the issue of OMYA's water permit has been resolved," said Michael Cassidy, who is now a councillor in Lanark Highlands and with his wife Maureen was also one of the parties to the original appeal. "We hope OMYA will accept this decision in a positive spirit and will work with municipalities and citizens in Lanark County to establish a more co-operative relationship for the future."

"These events vindicate the contributions and support given by the community." said Frank Roy, secretary-treasurer of the Tay River Legal Defence Fund . “The costs of litigation and advocacy necessary to persuade the government to follow a more cautionary approach in our management of water resources could not have been met otherwise."

Don Boyle, Chair of the Tay River Legal Defence Fund said that the structure of the Fund remains intact and that "the Fund stands ready to support the community in the event of any possible future issues which may impact negatively on the Tay River or its Watershed."

For more information, please contact:


Tribunal Appellants:

Carol & Mel Dillon, 613 264 0680

Michael & Maureen Cassidy 613 238 1432

Tay River Legal Defence Fund:

Don Boyle, Chair, 613 267 2982.
Frank Roy, Treasurer, 613 264 8856

 

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