VIDEO: CAMPP Argues Aboriginal Requirement Not Met
Day One is complete in the Local Planning Appeals Tribunal over the megahospital site.
The group Citizens for an Accountable Megahospital Planning Process (CAMPP) launched the appeal.
The group wants the Official Plan amendment 120 and Zoning By-law 32-2018 for the Co. Rd. 42 site sent back to Windsor Council.
CAMPP's lawyer Eric Gillespie laid out the case calling for the decision to be sent back, laying out 23 issues, some of which are part of an adjoining property's appeal.
He told the tribunal the 400 hectare site is 13 km away from the bulk of the population — there are more than 200 hectares of available brownfield land in the city and the proposed site would use more energy and cause more greenhouse gas than a core area location.
Gillespie says they don't believe the city consulted with the Walpole Island or Caldwell First Nations.
"The provincial policy statement which governs a hearing like this and the city's official plan" explains Gillespie, "which also speaks directly to aboriginal consultation. Both of them do require some interaction with First Nations communities."
He says the minimal attempt to reach the two regional First Nations are inadequate.
"The evidence as we understand it right now is that two emails were sent, one to each of the local First Nations communities there was no response" says Gillespie. "With all due respect certainly to our client and probably to many other people, that does not sound like adequate consultation."
Gillespie says with the complexity of the case, he doesn't expect a decision to be made at the end of the three-day hearing.
"Generally speaking the tribunal will reserve their decision and indicate we'll get back to you at some point in the future" he adds. "Obviously it depends entirely on what the member decides. But I don't think anybody would be surprised if this one as a deferred decision."
Lawyers for Windsor Regional Hospital and the City of Windsor make their submissions on Wednesday
A family that owns neighbouring property through a numbered company is also calling for a ruling from the tribunal.
The city has zoned the 27-acre property as heritage natural land, but the property owners want it designated business park land.
CAMPP called for the LPAT to object to the city zoning of the land at Co. Rd. 42 and the 9th concession to allow for a new acute care hospital.