The Powers That Be
Adams Mine lawyers link
to rewriting of EA rules
by Brit Griffin
HighGrader Magazine March/April
1998
With major rewriting of environmental rules in the province taking
place, the question of who is influencing these changes has come
to the fore. One group that may have the Minister's ear is the
Policy Advisory Council (PAC) on the Environment. Tory MPP, Tom
Froese, is the chair.
In October of 1996, he gave a glowing account of how changes to
the Environmental Assessment and Consultation Improvement Act
will give the public a greater say in how decisions are made.
"These provisions strengthen the public's ability to influence
decision-making at the terms of reference stage."
Big surprise then, when the Adams Mine EA was announced and the
public was given zero say in setting the terms of reference.
Froese is not well known for his role in environmental issues
(being in fact the Parliamentary Assistant to the Minister of
Education). When HighGrader phoned Mr. Froese to get the scoop
on PAC, his office suggested that since Mr. Froese didn't really
attend the meetings, er, well at least the last few, we would
be better off talking to his co-chair, Mr. Robert G. Power, who
also happens to be the attorney for Adams Mine proponent, Notre
Development.
Northern garbage watchers will be familiar with Mr. Power. He
originally represented the three so called 'host' municipalities
that had signed Notre's garbage deal. He was then brought in,
at the same time, to represent the interests of local citizens
on the Public Liaison Committee (PLC) set up by Metro. The PLC
rejected the offer, adamant that their interests were distinct
from those of the "willing hosts".
Several skirmishes followed this rejection.
Power locked horns with the PLC when he argued unsuccessfully
against the PLC's decision to hire Dr. Fred Lee as a peer reviewer.
As well, acting for then Mayor of Kirkland Lake, Joe Mavrinac,
he issued libel proceedings against Temiskaming MPP David Ramsay.
Ramsay had referred to Mavrinac as a liar for refusing to hold
a referendum on the Adams mine landfill proposal as he had promised
in 1991. The suit demanded not only a retraction and apology,
but Ramsay was told he would have to publicly recant on his view
that a referendum was essential. Ramsay refused and the suit fizzled.
Besides his involvement with PAC, Power's resume mentions that
he sat on the Advisory Committee to the Environmental Assessment
Branch. Explains Powers, "That was another forum that the
Ministry staff struck to try and get perspective on how the legislative
direction will work in the real world. I'll be frank, I don't
know where they went with it or what they've chosen to do with
it but they were really looking to that group to try and provide
guidance on writing the new rules, so to speak."
Robert Power says there is no conflict of interest in his role
with these groups but MPP David Ramsay isn't so sure. "To
basically have the same person who is representing a major proponent
for an environmental project while at the same time giving you
advice as to policy direction and maybe procedural direction is
an absolute and blatant conflict. It certainly makes one very
suspicious, as we've been anyway, of the whole outcome of the
these EA hearings when one of the advisors to the Minister represents
the proponent."
The question is, how important is PAC? Former PAC co-chair Guy
Crittenden says that the council wasn't all that influential.
But the PACs are kept on because it is part of the Charter of
the PC party. Says Crittenden "Harris likes them. It's a
way of him keeping his Ministers on their toes, to keep the Ministers
from becoming sand bagged by the bureaucrats."
Power says their influence is hard to assess. "How do you
measure the influence of one group when there is three hundred
groups clamoring on any particular issue? Do people pay attention
to what we are doing? Yes. Do we dictate the agenda? No."
Assessing the influence of PACs is difficult as their reports
are not covered under Freedom of Information. The group reports
to the Conservative Party of Ontario as well as directly to the
Minister's office.
(follow Robert Power's rise from the lowly world of garbage following the EA Hearings -- ed.)
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