MNR Investigation of Bowman Pit Complex
In 1999, at the request of neighbours of the pit, the MNR
(Ontario Ministry of Natural Resources), conducted an investigation of alleged
violations in the pit operations. These allegations claimed excavation into the
water table, endangering a cold water stream, and excess depth of excavation.
The MNR carried out the investigation. The applicant's conclusion is that the
MNR's investigation did not meet minimal standards of reasonableness, and that
the MNR is unable to meet its reponsibilities to enforce the Aggregate
Resources Act.
- April 30, 1999. Citizens' Request
for Investigation of Bowman Pit Complex Violations . This report
(about 30 pages long) provides evidence, by means of coloured photographs
and measurements, of a set of environmental violations in the Bowman Pit
Complex.
- August 19, 1999. As a
result of this request, the MNR (Ontario Ministry of Natural Resources),
undertook a formal investigation whose results are in the MNR Notice
of Outcome, which a four page report. The Citizens' Request alleges
excavation into the watertable and damage of a woodland and wetland, based
on direct, provided evidence. The MNR Notice of Outcome summarizes the
results of its investigation this way: "The Ministry has concluded
that there is no evidence to support the alleged contraventions".
The MNR report does not contain any evidence to support its conclusion.
- November 15, 1999. An open letter
was sent to the Ontario Minister of Natural Resources asking for details
of the investigation. The Minister waited three months to answer this
letter, eventually replying on February 18, 2000. In their reply, MNR
refused to provide any information to the public about this investigation.
- November 1, 2000. The Environmental Commissioner
of Ontario released his annual report, which includes a report on MNR's
investigation of alleged violations in the Bowman Pit Complex. The
Commissioner's report says it is a "disturbing revelation"
that the MNR destroyed the site plans for an area of alleged violations.
The Commissioner's report records that the MNR "misrepresented the
findings of the investigator's report." The report states that
MNR's investigation of depth limit violations "does not appear to
be a reasonable response" to the alleged violations. In other words,
the MNR did not carry out a reasonable investigation. The related
documents are:
- October 8, 2000. Analysis
of MNR's investigation. In parallel with the Environmental
Commissioners work, the applicant (Ric Holt) carried out a detailed analysis
of the MNR's investigation, using material extracted from the MNR by means
of Freedom of Information. This report concludes that "the
investigation's procedures were incorrect and its conclusions were not
reasonable."