RESPECT

City of Ottawa Consultations with Algonquin First Nations re South March Highlands

It is not the purpose of this post to suggest to the Algonquin how they should represent their people in consultations with the City of Ottawa, but rather, as an Ottawa resident, to suggest to the City of Ottawa that it should deal with respect with the Algonquin in representing our interests.

The Ottawa Citizen reports:

OTTAWA — The planned construction on the South March Highlands can’t begin until the city has held consultations with Eastern Ontario Algonquins, a native group says in a new letter to Mayor Jim Watson.
...

The letter from the Kichesipirini Algonquin First Nation, a non-status band under the Indian Act, says the land is in the group’s traditional territory and so they have a right to a say in how it’s used.
...

After a recent discussion with the Algonquins of Ontario, [Deputy city manager] Schepers said, the city acted as a go-between with KNL, seeking to have the tree-cutting put off until the Algonquins can review the studies of the land, a process she understands could take till the end of the month.

There is more than a constitutional requirement to consult here, there is also a matter of respect. Respect for the First Nations of these lands would mean the city would not simply "seek" to have the clear cutting delayed but would refuse to allow it until meaningful consultations were completed.

Respect would mean that they City would follow the recommendations of the Aboriginal sub-committee to the Arts, Heritage & Culture Advisory Committee to Ottawa's City Council which states

BE IT RESOLVED THAT:

1. The City undertakes a comprehensive and meaningful consultation with all Aboriginal peoples who wish to participate regardless of status;

2. The current and planned site preparation and alteration activities, including tree-clearing, in the South March Highlands for the Richardson Ridge, Uniform, and KNL subdivisions be immediately halted pending consultation with the Indigenous people of the Ottawa River Watershed;

3. That the City request the assistance of the National Capital Commission who have a licensed archaeologist on staff;

4. That the City takes a leadership role in assuring that a full and credible archaeological survey is performed independent of the third party interest of developers.

5. That such an archaeological survey encompass the entirety of the South March Highlands.

6. That this be set in place as soon as possible.

Respect for the archaeological heritage of the First Nations means no clear cutting or other work on the lands would occur until proper studies can be done when the forest is clear of snow and the ground no longer frozen.

But respect for this heritage means much more. These are not just isolated archaeological sites, they occur within a context. Identifying them, fencing them off and putting up plaques does not represent respect. These sites are within the context of the forest and destroying the forest context and replacing it with "ticky tacky" does not show respect for the First Nations heritage or the forest.

It is time for everyone involved, the developers and all levels of government to show respect.

Respect for the Community
Respect for the First Nations
Respect For the Land

Can Divine Intervention Save The South March Highlands

It appears that Ottawa City Council does not have the political will to stand up to the developers and save the South March Highlands. Indeed, City Council does not appear to even have the political will to stand up to City staff.

So it is now left to divine intervention, and by divine intervention I mean higher levels of government. I have attempted to get the National Capital Commission to act by emailing NCC CEO Marie Lemay, who has shown political will in other areas.

So far, my first email, here, as well as my follow-ups below have had no success.

TO: National Capital Commission CEO Marie Lemay
FROM: Richard W. Woodley
RE: Saving the South March Highlands - URGENT ACTION REQUIRED

Dear Ms. Lemay

I am writing to you again due to the fact that recent decisions by Ottawa City Council have made it evident that they simply do not have the political will to save the South March Highlands from development and destruction (even as many questions regarding the developers fulfilment of development conditions are unanswered and the legitimacy of the environmental assessment processes followed is uncertain and new archeological evidence has been discovered).

Indeed, as you read this, the chainsaws may already have started to destroy the Beaver Pond Forest. If not, it's destruction is imminent barring an immediate intervention from a higher level of government.

At the same time, other parts of the South March Highlands are moving through the development process and each day action is not taken to save the remaining SMH lands we risk the destruction of more of it.

The community has organized itself and waged a valiant battle but simply does not have the financial or legal resources, such as expropriation, necessary to save it.

These are resources and powers that the National Capital Commission does have. The NCC also has you. And I have to tell you that since your appointment I have been very impressed with the leadership and vision you have shown, particularly regarding cycling issues. You have shown more vision and leadership than the vast majority of elected political leaders in this community.

The community, and the South March Highlands, needs you to show that kind of vision, leadership and political will to save this environmental and cultural heritage jewel of the National Capital Region.

For the sake of this precious land the community needs the NCC to expedite the decision making process to acquire the remaining undeveloped SMH lands through purchase or expropriation.

I implore you to make this a top priority of the National Capital Commission and to do all you can to halt further development in the South March Highlands until these lands can be brought into public ownership and protected for posterity.

Sincerely,

Richard W. Woodley
Kanata, Ontario

TO: National Capital Commission CEO Marie Lemay
FROM: Richard W. Woodley
RE: Aboriginal Archeological Site in Beaver Pond Forest May Be Destroyed

Dear Ms. Lemay

I apologize for writing to you again so soon before you can fully address my previous emails but time is running out for the Beaver Pond Forest.

The developer, KNL/Urbandale, has made it known that they plan to clear cut the forest in early January. Not only is the worse time possible for wildlife, particularly hibernating species, but it is also before new archaeological concerns can be properly addressed.

Serious information has been brought to both the developer and the City of Ottawa's attention regarding sites of aboriginal cultural heritage, including a possible burial site, but this information is not being given the attention it deserves.

As the National Capital Commission (NCC) has a role, even a responsibility, in protecting, not only Canada's natural heritage but also it's cultural heritage, I wanted to bring this to your attention immediately.

The following email from Paul Renaud of the South March Highlands – Carp River Conservation Inc. to Ottawa City Council outlines the matters of archeological concern:

Subject: Missing Info on Dec 15 Staff Presentation To Council
To members of City Council,

This is to advise you that the presentation made by staff on Dec 15, 2010 appears to be incomplete. In particular the 2 slides on archaeology do not contain the following important facts regarding the Beaver Pond Forest in the South March Highlands.

The Ministry of Tourism and Culture has said that their role is simply to review the studies provided to them. The Minister of Culture said that their prior approval was based on the info available in 2004 and that any requirement for further study falls under the authority of the City.

Some might wonder if it is disingenuous for staff to stretch this interpretation to mean that the MTC sees no merit in Dr. McGhee’s review. That was NOT what the Minister said and given that the Minister’s letter did not even mention Dr. McGhee, it is difficult to understand how this could even be implied by the attached letter.

Under KNL’s Condition 86 of subdivision approval, and in accordance with the Planning Act, the City may reasonably request that any study be redone if they have a reasonable basis for doing so. Condition 57 specifically requires KNL to perform an Archaeological Assessment – to the satisfaction of the City – as well as to the satisfaction of the MTC. It also requires that “no demolition, grading or other disturbances shall take place until any archaeological resource conservation concerns have been addressed.”

It is evident that a reasonable basis exists in light of all the NEW evidence that has surfaced since KNL’s original study was done in 2004:

1. Discovery of a significant find by Ken Swayze less than 1 km away Richardson Ridge in 2006 that was refuted by the developer and is currently being disputed in court. This site was previously confirmed as 10,000 years old by Dr. Muller-Beck, Professor Emeritus of Paleohistory and Archaeology of Hunting Cultures, when he visited the site in 2007;

2. Scientific discrediting of the thoroughness of the KNL study provided by Dr. McGhee, Fellow of the Royal Society of Canada and past president Canadian Archaeological Association, in June 2010.  The MTC has expressed no opinion on this review;

3. Aboriginal declaration in August 2010 by the most senior Algonquin Elder, William Commanda, that the area is significant to his people. This is the same Elder who was granted the Keys to the City of Ottawa out of respect that the city has for his position and for his contribution to preserving Ottawa’s cultural heritage;

4. Discovery of a similar significant site at the same elevation less than 1 km away on Huntmar Ridge in July 2010. This has been reported to Jim Mountain but to-date nothing has been done to evaluate this site because the city has not allocated funds for such purposes – despite its obligation to do so under the Ontario Heritage Act;

5. Discovery of the stone circle in Beaver Pond Forest in 2010. The protection of the medicine wheel site will only protect the immediate vicinity (a few meters on either side of it).

Our concern is that it is highly likely that there are several other undiscovered sites nearby that may be destroyed if KNL/Urbandale is allowed to proceed.  This view is substantiated by the City’s own assessment in its cultural resource database that the area is high in archaeological resource potential. In fact, Mr. Mountain has wisely proposed that the City should execute an archaeological master plan for the entire Carp Ridge, including the South March Highlands.

Mary Jarvis at Urbandale has stated in the press that they will get their archaeologist to do another walk through the forest, however, what can he possibly see through the snow? It appears that KNL also plans to use the same archaeologist whose 2004 summer study effectively ignored pre-contact archaeology, according to Dr. McGhee. One might question why he would do a more thorough job in winter?

Meanwhile, city staff are inexplicably refusing to acknowledge that the KNL study needs to be redone - despite overwhelming evidence that they should do so.

It is very important for the City to insist that, in accordance with Condition 57, no site alteration (such as cutting trees and blasting) be permitted until a full and proper archaeological re-evaluation of this site has been done in the spring once the snow is gone. We strongly recommend the participation of first nations when this survey is done.

Is it too much to expect that our city responds to facts and acts responsibly on them to protect cultural heritage?

Paul Renaud
South March Highlands – Carp River Conservation Inc.

The Following extract from an article in the Kanata Kourier-Standard also outlines the archaeological concerns:

Beaver Pond burial ground?
Residents call for new archeological assessment

BY LAURA MUELLER
laura.mueller@metroland.com

The discovery of a possible 10,000-year-old aboriginal burial site is unlikely to halt or even delay a KNL subdivision slated for construction on land north of the Beaver Pond, said Kanata North Coun. Marianne Wilkinson. “It’s not a way of saving the lands,” Wilkinson said.

Steve Hulaj, president of the Kanata Lakes Community Association and a leader of the Coalition to Save the March Highlands, discovered a circle of stones in the Beaver Pond forest a few months ago and took a video of it with his iPhone. When he brought it to a Christmas party last Saturday, Dec. 11, he showed it to one of his wife’s friends, John McCormick, an advisor for the aboriginal affairs secretariat for Parks Canada. Hulaj said McCormick told him it could be a burial circle and should be assessed.

Hulaj has called on the city to require KNL Developments to re-do an archeological assessment for the site. Requiring another archeological assessment wouldn’t necessarily prevent construction, Wilkinson said. It would just delay it and lead to more assessment. “Someone should take a look at it,” she said. “The community is looking really hard to find ways to save the land and I applaud them for their effort, but I can only do so much here.”

It’s the second time the group has pushed for KNL to re-do the archeological assessment. In August, Paul Renaud of the Coalition to Save the South March Highlands said the archaeological study of the lands prepared for KNL in 2003 fails to consider the heritage of the Algonquin Nation

Robert McGhee, a former curator of Arctic archaeology at the Canadian Museum of Civilization, said the 2003 KNL report ignores the land’s archaeological potential.

“The major problem with this report – and I see it as a fatal flaw – lies in the fact that is statements regarding prehistoric land use appear to be based on an assumption that the local geography and physiography described at the time of European settlement continued unchanged from the ancient past,” said McGhee in written comments about the 2003 KNL archaeological assessment. McGhee said the report ignores the fact the region underwent significant physical changes since the last Ice Age over 9,000 years ago.

In August, Algonquin elder William Commanda called for a stop to development in the area: “We are adding our voices to call for a halt of the expansion of Terry Fox Drive and housing development at this ancient sacred site,” said the 96-year-old Algonquin elder and spiritual elder. “This special area is also a place of extremely important archaeological significance to the nomadic Algonquins of the Ottawa River watershed and beyond,” he said. “Evidence has recently emerged regarding its occupation by our ancestors 10,000 years ago.”

“This was obviously a very significant island, which we’ve allowed to be developed,” Hulaj said. “We’re missing the opportunity to potentially have something significant within this forest, which one of the most noted and experienced archeologists in the country has said to the city, ‘You need to require a new archeological
assessment.’”

The full article can be read here:

http://www.runge.net/TempDownload/DownloadFiles/1292684160/kk-101216.pdf

Doctor Robert McGhee's review of the developer’s archaeological study can be found here:

http://southmarch.files.wordpress.com/2010/05/archaeological-assessment-of-knl-study.pdf

As well, further information on possible archaeological sites within the South March Highlands including The Video of the Stone Circles found within the Beaver Pond Forest is here.

http://www.ottawasgreatforest.com/Site/Archaeology.html

I trust that the National Capital Commission will be concerned that the developer wants to clear cut the forest before these archaeological findings can be properly assessed and will do whatever it can to stop the clear cutting of the forest until a proper assessment can be done.

Sincerely,
Richard W. Woodley

Who do you think should intervene to save the South March Highlands.

South March Highlands - An Open Letter

As well as being posted on my blog, The Fifth Column ( http://the5thc.blogspot.com/ ), this is being sent to:

Ottawa Mayor Jim Watson ( Jim.Watson@ottawa.ca )
Ottawa City Councillor Allan Hubley ( Allan.Hubley@ottawa.ca )
Ottawa City Councillor Marianne Wilkinson ( Marianne.Wilkinson@ottawa.ca )
Ottawa City Councillor David Chernushenko ( David.Chernushenko@ottawa.ca )
National Capital Commission CEO Marie Lemay ( Marie.Lemay@ncc-ccn.ca )
National Capital Commission Review of the 1996 Greenbelt Master Plan ( info@ncc-ccn.ca )
Norm Sterling, MPP, Carleton--Mississippi Mills ( norm.sterling@pc.ola.org )
Dalton McGuinty, MPP, Ottawa South, Ontario Premier ( dmcguinty.mpp.co@liberal.ola.org )
Gordon O'Connor, MP, Carleton—Mississippi Mills ( OConnor.G@parl.gc.ca )
Paul Dewar, MP, Ottawa Centre ( Dewar.P@parl.gc.ca )

Note all images in this post may be clicked on to be viewed larger

I am writing to you because we have a short window of opportunity to save much of what is arguably the most important area of environmental importance and cultural heritage within the City of Ottawa. While the South March Highlands is well known for its environmental significance, as home to a great number of species of animal and plant life, many of them endangered, recent research has also discovered that it may be just as important a site of archaeological significance, particularly in relation to our country's first peoples.


The preceding map, from the 2008 Brunton report, shows the boundary of the South March Highlands. The Google Earth view shows the lands that have already been developed and the blocked in green sections indicate the lands that are owned by the City of Ottawa and protected. The rest of the lands are privately owned, and though some are zoned Environment Protection history has taught us that all the privately owned land is at risk of being developed and at risk of environmental and archaeological destruction.

It is not the purpose of this letter to document why the South March Highlands should be saved or to reiterate the broad public support within the Ottawa area and all over Canada for saving these precious lands. That has already been well done and you have likely already seen or received such documentation. I do not wish to repeat all of that here but I will be attaching a document that provides a quick and easy overview of the significance of the South March Highlands. I will also provide links at the end of this submission to further resources on the South March Highlands.

I am writing to all of you together because saving what has not yet been developed in the South March Highlands is going to take political will at all levels of government. The City of Ottawa and the National Capital Commission will be key players, but the province and federal government will also have important roles, especially in regards to funding. This land is important and precious to all residents of Ontario and all citizens of Canada.


Time is of the essence as development plans are already underway for an important section of these lands, known as the Beaver Pond Forest, and the developer is waiting for the first opportunity to clear cut the lands, even as many questions regarding the developers fulfilment of development conditions are unanswered and the legitimacy of the environmental assessment processes followed are uncertain.

The only long term solution to save these lands for posterity is to bring them under public ownership. Fortunately, I understand that the National Capital Commission, during it's Greenbelt Master Plan Review, is considering adding the South March Highlands to the Greenbelt. There is where the federal government needs to step in to assure the NCC that the funds will be available to purchase or expropriate the remaining undeveloped privately held lands in the South March Highlands. This is an imperative part of the solution.

The NCC must also expedite this part of the Greenbelt review process so that as much land as possible can be acquired. The longer the wait the more opportunity there is to "develop the lands", that is to clear-cut the forest, blast the geology and otherwise destroy the land.

Ideally, in the meantime there would be a moratorium on all development in the South March Highlands, supported and legislated by the municipal, provincial and federal governments.

Until such a moratorium can be put in place the City of Ottawa, which controls the development process, must do all that it can to prevent further development from proceeding.

The most important thing that the City of Ottawa can do, is to do what it should be doing anyway, which is to ensure that all environmental measures, including wetland and watershed provisions, and cultural heritage/archeological processes are fully and properly undertaken and that all approvals are properly in place before any development is allowed to take place.

The City must also ensure that all developers have complied with all requirements of subdivision agreements and other approvals before allowing a single tree to be cut, rock to be blasted or land to be bulldozed.

The City can also act to assure the public of their good faith by offering to purchase or expropriate the lands under imminent threat of development. There is where the provincial government needs to step in to assure the City of Ottawa that the funds will be available to purchase or expropriate these threatened lands. This is also an imperative part of the solution.

Of course the first thing the City of Ottawa needs to do is to provide an opportunity for City Councillors to get a firm understanding of all the issues surrounding the South March Highlands, particularly new City Councillors. The best way to do that would be to have the matter referred to committee where public input can be provided, before allowing any further development measures to take place on any South March Highlands lands.

If all levels of government work together and show leadership and political will we can save the South March Highlands. The people that you represent expect no less.

Sincerely,

Richard W. Woodley, Bridlewood, Kanata, Ontario ( richardw.woodley@gmail.com )


Further resources on the South March Highlands
South March Highlands Overview (attached)

Save Ottawa's South March Highlands

Ottawa's Great Forest

I want to save the land North of Beaver Pond Park in Kanata Ontario Facebook Group

The Fifth Column SMH posts

The Fifth Column SMH Management Plan posts

Virtual Nonsense (Paul Renaud) SMH posts

South March Highlands Advocacy

South March Highlands Stewardship Plan


Appendix: South March Highlands Overview

Fewer Politicians - Less Democracy

Everybody loves democracy and hates politicians. It doesn't make sense but it's a fact and it's what drives ideas like Mike Harris's "Fewer Politicians Act" which created megacities and recent proposals to reduce the size of Ottawa City Council.

But what does it really mean. Well it means less representation and more work for the people's representatives. Properly performed, a politician's job is already a 24 hour a day job. The more people a politician has to represent the less time he can spend representing each voter/taxpayer.

In municipal politics what that means is that elected representatives have to depend more on city staff for information and advice, and in Ottawa that means more power to the development industry because Ottawa's city administration is developer driven.

Hopefully our new City council will see the flaws in this proposal from the new mayor's election campaign and maintain the peoples representation on council and not give even more power to developers in running our city.

Mountain Biking and Saving the South March Highlands

Click On Images To Enlarge
The Ottawa mountain biking community in recent years has been focused on the South March Highlands Conservation Forest accepting that the rest of the South March Highlands/Kanata Lakes trails will be lost to inevitable urban development.

Personally I am starting to become very hopeful that that will not be so and that at least some, if not all, of the remaining South March Highlands lands and trails will be saved from development. This will provide the potential for the South March Highlands to become a real family destination for mountain biking with trails ranging from true beginner (Greenbelt type) level trails to the advanced trails in the Outback system.

Just last week I rode some of the old "Kanata Lakes" trails between Goulbourn Forced Road and the Hydro Cut and it was quite enjoyable. The addition of these trails back into the system would increase the intermediate (Group D type) level trails in the system.

But where I see real potential is in the land north of the existing Conservation Forest that already has a trail on it that connects to the trails within the existing Conservation Forest and provides a trail all around Heron Pond. This land is currently privately owned but zoned Environmental Protection. The potential I see there is to purposefully build a new sustainable trail network on the land further north where true beginner level trails could be built so that whole families, from Ottawa and beyond could visit, Family members could ride the trails that suit their skill level all from one central trailhead, where toilet facilities could be provided and perhaps a picnic area for families to meet up together mid day.

The same trails that form the basis for a beginner trail system could be used for a flowy race course where races could be held to further promote the South March Highlands as a mountain biking destination.

As is the current practice all these trails would be shared trails open to everyone. The only exception being the race course while actual races were being held.

The current City Council takes the first step to save all of the South March Highlands at one of it's last meetings in mid November. Urge your current councillor to support the Wilkinson-Doucet motion that starts the process of saving all of the South March Highlands. Let us all do what we can to save the South March Highlands from further urban development.

The Coalition to Protect The South March Highlands Changed Everything - The Need For A Moratorium on Development in SMH

Before the Sierra Club raised the issue of the Terry Fox Drive Extension and the Blandings Turtle, which was taken up by a group of concerned residents who expanded the mandate to include protecting all of the South March Highlands (SMH), there was no hope.

It was pretty well assumed that Terry Fox Drive would go through the middle of SMH, the KNL development south of the road would destroy that part of SMH and the only part of this ecological jewel that would be protected would be the city-owned South March Highlands Conservation Forest, including Trillium Woods and the land the city purchased thanks to Alex Munter.

My best hope at that time was that maybe the city would purchase at least some of the land north of the SMH Conservation Forest that is zoned Environmental Protection and add it to the protected lands.

Then came the Coalition to Protect the South March Highlands and due to their hard work in researching the environmental issues and raising public awareness of the South March Highlands everything changed.


I would like to thank them publicly for bringing us to the point that saving all of the South March Highlands is very much a possibility and saving at least more of it is virtually a certainty. I know how hard they have worked and how much dedication they have put to the cause and it is remarkable. I will not name names simply because I believe they would want the focus put on the land and not on individuals.

It is clear that their is a consensus among the community and City Council that the South March Highlands is an ecological jewel that should be saved. The only point of discussion seems to be how much money the City should spend, or can afford to spend, to save it.

Even City Council's most environmental neanderthal has proposed that the City spend money to purchase the lands north of the SMH Conservation Forest and the National Capital Commission (NCC) is considering adding the South March Highlands to the Greenbelt. Even the developer, KNL, is willing to give up a small portion of their lands to increase the protected area.

These lands are all environmentally inter-connected and dependent on each other, the loss of parts of it may have devastating effects on what is left. Those of us who are environmentally minded and forward thinking know that if we do not save all of the South March Highlands, or at least all of it that has not yet been developed, our descendants will look back at this lost opportunity with deep regret that we did not find a way to make it happen.

I will be the first one to recognize that there may be financial considerations that make it difficult for a municipality, the City of Ottawa, to buy all the KNL lands at their current value, the lands having been inappropriately rezoned for development when they should not have been. The blame for that must be shared by a lot of people.

But a way must be found to save this land that is of provincial significance from an environmental viewpoint, and of national significance being in the nation's capital. The responsibility and costs should be shared by all three levels of government.

What we need is a moratorium on all development in the South March Highlands until the community and all three levels of government can come together and find a solution to save this ecological jewel. All three levels of government must make a commitment to do what is necessary to put such a moratorium in place and the must do it immediately.

The decision makers must act now or their grandchildren's grandchildren will never forgive them.

Saving the South March Highlands - Urgent Call to Action

The story of the South March Highlands and why it must be saved, in under five minutes.
A must watch video. (Best viewed full screen in 720HD)
Who would have thought this spring, when the battle to save the South March Highlands was reignited, first by the Sierra Club of Canada in relation to the Terry Fox Drive Extension and the Blanding's Turtle, and soon after that by a coalition of concerned residents and community groups, focusing on the road and the proposed development lands, that we would be looking towards a possible victory in the battle.

However, as I write this, a motion is about to go before Ottawa City Council on Wednesday October 6 to expropriate the KNL lands, known as the Beaver Pond Forest, that are in imminent threat of clear cutting and urban development.

It is urgent that this motion pass as the first step in saving the South March Highlands. But it is only the first step. Originally all of the South March Highlands was zoned "environmental protection" and presumably protected. But as we all know, in Ontario, where developers have their own kangaroo court known as the Ontario Municipal Board, zoning is meaningless when it comes to protecting environmentally sensitive lands. In order to save the rest of the South March Highlands the city must purchase all of the remaining SMH lands that have not yet been developed, both those that have been rezoned for development, and those that remain zoned "environmental protection".

Maps indicating the boundary of the South March Highlands (from Brunton report)
and zoning of the lands (from City of Ottawa)

(click maps to enlarge)

Zoning Codes Used on Map
RESIDENTIAL ZONES
Residential Third Density Zone R3
Residential Fifth Density Zone R5
OPEN SPACE AND LEISURE ZONES
Parks and Open Space Zone O1
ENVIRONMENTAL ZONE
Environmental Protection Zone EP
RURAL ZONES
Agricultural Zone AG
Rural Residential RR
Rural Countryside Zone RU
OTHER ZONES
Development Reserve Zone DR

I therefore urge all of you to immediately email your City Councillor and urge them to support the expropriation motion and the acquisition by the city, by negotiation or expropriation, of all of the remaining SMH lands.

This is a jewel, a piece of wilderness in the city, that we cannot let become just more cookie cutter subdivisions.

Only One Choice or One Choice For Change

With Alex Cullen officially out of the race for Ottawa Mayor the race becomes a three way race between Mayor Larry O'Brien, former Mayor Jim Watson and the man with a vision, Clive Doucet.

Unfortunately with the flawd municipal election process that we have many may feel that their only choice is to vote for Jim Watson. Watson is attractive to the left and right for different reasons.

To right wingers who simply cannot bring themselves to vote for their philosophic choice of Larry O'Brien, due to his demonstrated incompetence, Watson is a safe choice - not too radical and someone who will not change the way things are done at City Hall.

To left wingers who fear another O'Brien victory, Watson is portrayed by the media as the only candidate who can stop O'Brien and and as a moderate and a safe choice.

The question for voters is whether safe mediocrity is really what they want or do they want real change to the developer driven administration at Ottawa City Hall. In that case there is only one choice and that choice is Clive Doucet.

Cyclist Killed Near Inappropriate Pathway Detour Route

On August 13, 2010 a cyclist was killed while riding along city streets in the area of the official detour route for a section of National Capital Commission (NCC) pathway along the Ottawa River that was closed for rehabilitation.

This post is not meant to assign blame for this tragedy. I will leave that to the appropriate authorities. I also want to make it clear that I rode the official detour route and it seemed perfectly comfortable and safe to ride, for me.

That being said, the Ottawa Citizen article did raise concerns about cyclists detouring through the neighbourhood streets which I wish to address. Indeed, there are many people who choose the shared pathways to cycle because they do not feel comfortable riding on the roads and it seems appropriate to attempt to keep a pathway detour on pathways as much as possible. In this case, when there is a parallel pathway running alongside the detour route, not using it and detouring further away on city streets seems completely inappropriate. I have not been using the official route but an unofficial detour that I mapped out several weeks ago (and shared with others) before the official detour route was marked.

Click on Map To Enlarge
As you can see the official detour (and my route) follows alongside Carling Avenue for a bit on the paved shoulder. It then, out of necessity, goes down Maplehurst Avenue and then along the parallel pathway. My unofficial detour continues along the parallel pathway until it reaches the end of the construction zone and continues on an open and rideable section of the main pathway. For some reason the official detour leaves the parallel pathway at Kempster Ave. and meanders through city streets not joining the main pathway till well past the end of the construction, as the map above indicates.

As soon as I saw the official detour route I wondered why it did not follow the most logical and appropriate route rather than taking cyclists, many who choose to ride the pathways to avoid the roads, onto city streets.

UPDATE AUGUST 16, 2010

Today construction has started on the dark blue section of the detour. The old asphalt has been removed and new gravel put down and it appears to have been packed down by a roller. That section of pathway is now effectively open and being used, at least till they start repaving it. The rest of the detour, blue section, has the old asphalt removed, new gravel down, and rollers were on it today.

UPDATE AUGUST 23, 2010

All of the pathway construction is paved (lines not painted) and effectively in use, although not yet officially open.

UPDATE OCTOBER 20, 2010 (from NCC)

Re-opening: Ottawa River Pathway

The rehabilitation work of the 2 km of recreational pathway between Carling Ave. and Britannia Rd is completed. The NCC has done its final inspection and the pathway has officially re-opened.

Marianne's Folly - Kanata Lakes 40% Agreement

It seemed like a good deal - a developer agreeing to protect 40% of it's land as "greenspace" instead of the normally mandated 5%. It seemed like a good deal till you realize none of that land should be developed in the first place as it was all zoned as environmentally protected conservation lands. The only thing that made it seem like a good deal was the fact that developers rule in Ontario and have their own kangaroo court - the Ontario Municipal Board (OMB) to threaten communities, municipalities and environmentalists with.

We can argue till the proverbial cows come home whether the deal should have been made or whether the developers bluff should have been called and the original zoning defended by the cities of Kanata, Regional Municipality of Ottawa-Carleton and City of Ottawa.

What we do know is that the agreement could not have been implemented in a worse way, resulting in very little actual environmentally sensitive land being protected and a private golf course being designated as "greenspace".

The first mistake was in designating the allegedly "protected" land as "greenspace" rather than environmentally important land. The second mistake was in not identifying the protected lands at the very beginning before any development took place in Kanata Lakes. And the third, and most important mistake, was in virtually letting the developer decide what was to be in the 40 of "greenspace", leading to such absurdities as the golf course being included in the "protected" lands.

So now we have an unsustainable corridor of protected land, surrounded by development and barely connected to the rest of the South March highlands . That is what we got for giving up the fight to protect all of the South March Highlands - folly indeed.

City Considering SLAPP against Terry Fox Road Extension Opponents

In a break with city policy, Ottawa's city solicitor is recommending the city try to intimidate the opponents of the Terry Fox Drive extension into dropping their legal action against the city.

As the Ottawa Citizen reports:

The fight over the Terry Fox Drive extension could come with a $50,000 legal bill, city solicitor Rick O’Connor said Tuesday.

And the group of people who want to stop the $47.7-million roadway should be ordered to put up the cash before their case goes ahead, O’Connor told members of city council’s corporate services committee.

“We would be asking the court for this particular group to put money into the court to be set aside in the case that we win and that we’re entitled to our legal costs at the end of the day,” he explained. “If we are successful on a motion for security for costs, we’d be looking for this corporation to set aside approximately $40,000 or $50,000.”

The corporation, South March Highlands Carp River Conservation Inc., is taking the city to court next Tuesday in a bid to stop the Terry Fox Drive extension, a four-kilometre road being built through the ecologically sensitive South March Highlands in northern Kanata.

The group will ask the judge for an injunction, which would put an immediate stop to construction, pending a judicial review of whether the city broke the law in going ahead with the roadway without an updated environmental assessment.

The City of Ottawa has a policy not to ask for court costs from community groups that undertake litigation in the public interest. However, O’Connor said that South March Highlands Carp River Conservation Inc. does not meet the definition of a community group, having incorporated just three weeks before the lawsuit was filed.

“Clearly they initiated the incorporation solely to protect themselves … and they should know that they can’t hide behind the incorporation if, at the end of the day, we are entitled to have our costs,” he said.

Eric Gillespie, the lawyer for South March Highlands Carp River Conservation Inc., said it is the legal arm of a coalition that represents several community groups, some of which have long fought for conservation in the area.

“The City of Ottawa has a clear policy to not seek costs from community organizations. As a result, a request of that nature is very surprising and would seem very inappropriate,” he said.

This is clearly an attempt by the City to use the SLAPP (Strategic Lawsuit Against Public Participation) tactic against a citizens group concerned about the environment and the ecological integrity of the South March Highlands to prevent them from acting in the public interest. This is a tactic that Environmental Defence and more than 60 Ontario groups are calling on the province to pass legislation protecting public interest groups from, and it is a tactic that we certainly do not expect representatives of the public to employ.

Considering the city policy to play fast and loose with federal and provincial environmental laws, as well as ignoring it's own demographic data, all in pursuit of free federal money, when it comes to this project, perhaps we should not be surprised by this latest proposed tactic.

Paul Renaud of the Coalition to Protect the South March Highlands has responded with the following statement:

This is absolutely outrageous and none of us should accept this abuse of municipal power against its own citizens.

1. How is it not in the public interest to conserve and protect the South March Highlands? Of course it is.

2. How can a public interest group stop being a public interest group by acting in the public interest? Does this mean that Friends of the Greenspace Alliance and other public interest groups are no longer acting in the public interest to defend green space just because they incorporate? Of course not.

3. Public interest groups already have to pay twice – i.e. for both sides in this legal case: our lawyer and the City’s lawyer who is paid by our tax dollars. Why should we pay 3 times? Perhaps we should offer to withhold our tax dollars to level the playing field.

4. The Coalition to Protect South March incorporated precisely to avoid this type of scare tactic being used against its members. Clearly we were wise to do so.

5. Is the City so unsure of its case that it is trying to keep it from getting to court? If so, why is City Council condoning both potentially illegal activity and the abdication of its policy not to pursue costs?

The Sierra Club Canada has issued the following statement:

Sierra Club Canada is shocked to hear the City of Ottawa is pressing a
community group for up-front court costs in the South March Highlands
case. Despite City policy not to demand court costs from public
interest community groups, a city solicitor is pressing for the group
to pay as much as $50,000.

“Moves like this impede the democratic process in the City of Ottawa,”
said Sierra Club Canada Executive Director John Bennett. “Citizens
should have a right to voice their concerns without fear of
heavy-handed reprisal.”

“There wouldn’t be a need for this if the City had obeyed the
environmental assessment laws in the first place,” said Mr. Bennett.
“The City is acting as a bully selectively applying its own rules.”

The Fifth Column calls upon all Ottawa citizens to let your city councillor know that you do not approve of your municipal government using intimidation tactics against citizens groups that oppose the actions of the city or developers.

Municipal Elections Suck

So why do municipal elections suck.

Because the way the system works now all too often the least preferred candidate wins rather than the most preferred candidate.

This results from the fact that there are often a large number of candidates, many of whom may share a similar philosophy and similar policies and who appeal to the same group of voters. For simplicity sake lets divide the candidates (and voters) into alphas and betas, for want of better terms.

Various scenarios can come into play here but for demonstration purposes lets look at a simple one. Let us say there are three alpha candidates that share 60% of the vote roughly and one beta candidate with 40% of the vote. Let us assume, reasonably, that the beta candidate is the last choice of almost all of the alpha voters. And let us assume, also reasonably, that while all the alpha voters may have individual preferences all the alpha candidates are acceptable to almost all of the alpha voters.

Under our present electoral system the beta candidate, the last choice of the majority of voters and the one acceptable to only a minority of voters would get elected. Similar situations can happen with different numbers of candidates and different breakdowns with either beta or alpha candidates benefiting from the flaw in the system.

Another effect of this of course is that people realize this is happening and "strategic voting" comes into play and voters attempt to avoid this by voting for their second or third choices instead of their first, depending on who the media says has the best chance of winning. Such a situation deprives voters of the ability to vote for their first choice and gives the media an inordinate (and undemocratic) amount of power in choosing who gets elected.

There is an alternative - system that allows voters to vote for their first choice amongst acceptable candidates and not vote for unacceptable candidates. Instead of voting for one candidate you would rank the candidates in order of preference, ranking as many candidates as you wish and avoiding ranking unacceptable candidates if you do not wish to. The votes would be tabulated electronically dropping the bottom candidates from the list and redistributing their votes to the voters next choice until a candidate receives over 50% of the vote.

Under this system the least preferred candidate would never be elected and the elected candidate would always be acceptable to the majority of voters.

This would allow voters to vote for their first choice knowing that if their first choice was not amongst the top vote recipients their vote would be transferred to their second choice and not become a de facto vote for the candidate they least liked. Strategic voting would be eliminated and all candidates would know how much real first ballot support they had and candidates would not be penalized because the media tells everyone they do not have a chance.

This type of system, of course, would not just work in municipal elections. Indeed, this is the type of system that the United Kingdom is going to hold a referendum on.

Using such a system in Ontario municipal elections would be an excellent place for us to start. While it is likely too late to introduce in this years election it may very well not be too late to add a question to the ballot in the November election to find out what voters think of the system.

South March Highlands - The Video

The story of the South March Highlands and why it must be saved, in under five minutes. A must watch video.

Best viewed full screen in 720HD

Saving the South March Highlands - Pursuing the Possible

(click map to enlarge)

As the above map indicates only approximately one third of the South March Highlands are protected within the city owned South March Highlands Conservation Forest, although originally all the lands were zoned with environmental protection.

The way zoning works, as far as environmentally protected land is concerned, is that developers can apply for rezoning through the municipal process or by appealing to the Ontario Municipal Board (OMB) as many times as they want. If they lose they can keep coming back with new proposals using the outspend, outwait and outfrustrate strategy to combat environmentalists and communities that want to protect environmentally important lands. However once land is zoned for development it is virtually impossible to undo it - because that would be taking away landowners rights. The environment, apparently, has no such rights.

Indeed developers make a large portion of their profits from "political development" - buying protected land cheap and using their influence to get it rezoned for development and massively increased in value.

If you look at the zoning map below (with the protected land approximately indicated in orange) you will see that about half of the non-protected lands in the South March Highlands are developed or zoned for development, and about half are zoned as Environmental Protection Zone (EP) or Parks and Open Space Zone (O1). We know that the zoning does not provide protection as all the lands were originally zoned protected.

(click map to enlarge)

Zoning Codes Used on Map
RESIDENTIAL ZONES
Residential Third Density Zone R3
Residential Fifth Density Zone R5
OPEN SPACE AND LEISURE ZONES
Parks and Open Space Zone O1
ENVIRONMENTAL ZONE
Environmental Protection Zone EP
RURAL ZONES
Agricultural Zone AG
Rural Residential RR
Rural Countryside Zone RU
OTHER ZONES
Development Reserve Zone DR

So how do we set priorities in terms of protecting the undeveloped land from development.

One strategy, and one hard to argue with, is to focus on the most urgent threats to the land, which at the moment is the construction underway on the Terry Fox Drive Extension and the imminent start of work on the KNL housing development. This brave battle has been taken on by the Coalition to Save the South March Highlands (website in progress) and the I want to save the land North of Beaver Pond Park in Kanata Ontario Facebook Group. Unfortunately these are both very difficult battles to win.

The City seems determined to ignore its own demographic information indicating no urgent need for the road and to completely undermine the environmental assessment process in order to get free federal money for this environmentally devastating project. Everyday that construction continues we get closer to the point of no return. Perhaps the old saying needs to be rewritten to "free money is the root of all evil".

The battle over the KNL lands has been fought between the developers, the community and environmentalists for literally decades until the community just ran out of the ability to keep fighting. A brave last stand is underway but unless KNL can be convinced to sell the land and someone can be convinced to buy it and protect it, it's loss is inevitable.

But there is another strategy. One that can be undertaken alongside these brave attempts to stop the highway and save the KNL lands. It is a strategy that looks to the future - to save SMH lands before it becomes almost impossible to do so.

On November 10, 2000 the Regional Municipality of Ottawa-Carleton announced the purchase of 556 acres of the South March Highlands for $1.6 million at the urging of Kanata Regional Councillor Alex Munter who has stated his biggest achievement would be putting South March Highland into public ownership to keep it protected. These are the lands that along with Trillium Woods form the bulk of the currently protected lands in the South March Highlands Conservation Forest.

If one examines the zoning map you can see that an additional area of almost the same size within the South March Highlands is zoned either as Environmental Protection Zone (EP) or Parks and Open Space Zone (O1).

No matter what happens in the battles over the Terry Fox Drive Extension and the KNL development the City of Ottawa must move immediately to acquire this land, using it's expropriation powers if necessary, before it undergoes the "political development" process and it's value is increased. As it stands, there is very little the landowners can do with it other than pay taxes on it. The City would be doing them a favour by purchasing the land (their hopes of using their political influence to increase it's value being irrelevant).

It is clearly in the public interest to purchase these environmentally sensitive and important lands and it is becoming increasingly apparent that is also what the public wants.

This strategy is clearly very possible.

As to those pursuing the strategy of trying to achieve the near impossible - Keep up the battle you might yet succeed and if you do not you will have raised public awareness and moved public opinion in a way that hopefully provides City Council with the political will to do the possible and save two-thirds of the South March Highlands rather than one-third.

Walk the Land to Heron Pond -- Sunday May 30th 1:00 pm

Bring your friends and family! Spread the word -- please pass this on to your networks. We've invited all municipal election candidates and we want to show them that people care about the South March Highlands and don't want the Terry Fox Drive Extension!

The Coalition to Protect South March Highlands is inviting everyone out to hike in this special and little-known area. This area is an overlooked gem of biodiversity within the City of Ottawa, on a par with Gatineau Park or Algonquin Park. It contains unique Canadian Shield geology, wildlife habitats and pristine forests, and is the most densely bio-diverse area in the City. It is home to more than 654 species, seventeen of which are species-at-risk, including the Blanding's Turtle, American Ginseng, Whip-poor-will and Butternut tree.

The Terry Fox Road Extension, currently under construction, and the planned residential development to follow, will devastate this ecologically significant and sensitive area. Come out and see why we're fighting so hard to protect it.

We will hike to Heron Pond, which is the largest body of water in the South March Highlands. We expect to see Blanding’s Turtles.

WHERE: The hike will leave at 1 pm from the intersection of 2nd Line and Klondike. There is ample parking along 2nd Line on both shoulders of the road. The walk will take place rain or shine, so dress accordingly and with proper footwear for hiking in the woods.

For more information contact Andrea Prazmowski at praz@magma.ca

Marie Lemay Gets it Right Again

It looks like the National Capital might have a new crusader against the hegemony of the automobile in our society.

Last month she was promoting turning "the national capital into a cycling role-model for Canada" and this month she wants Ottawa and Gatineau "to put public transit at the centre of their plans for city-building, today and over the next 50 years".

The position of head of the NCC has often been criticized for being an unelected and unaccountable position. However, as NCC CEO, Marie Lemay has shown more leadership than our elected Mayor "Photo-op" Larry ever has.

Reflections on Murdered Trees

During Sunday's OMBA trail day there was some discussion about using natural materials, and particularly wood from around the trails in the South March Highlands, for trail projects such as bridges. I raised the issue that there may be a perception problem even if you use dead trees or trees that have come down during storms. Indeed there have been complaints of mountain bikers cutting down trees, though none of them have been confirmed and no evidence can be found of it happening. I suspect they may simply be based on people seeing trail crews going in with saws to cut down trees that have fallen over the trails during storms.

Then, yesterday, as I was riding along M-line, I remembered my earlier nature hike along the Terry Fox Drive Extension work with members of the Coalition to Save the South March Highlands where we saw the huge trees that had been cut down for the roadway, not to mention the cutting down of what may have been the oldest tree in Ottawa, an over 200 year old Maple. It seems that in Ottawa the City will spend hundreds of thousand in court costs to fight residents who want to remove trees that are damaging their foundations but when it comes to really significant trees and forests it gives the orders to clear cut them.

None of that can be undone but it got me thinking that maybe some of what has been cut can be salvaged for use in what remains of the conservation area, perhaps for trail work or for other uses.

If there is anything left of the over 200 year old Maple it should be preserved for use in a memorial to the City's greed (for free federal money) and willful environmental blindness. I would love to see the stump cut level with the roadway so drivers actually had to drive over the top of it to be reminded every time they drive the road of what was sacrificed for their precious highway.

Unless of course, the unthinkable happens, and they stop the madness.

Old Quarry Youth Mountain Bike Skills Park

Submission to the National Capital Commission Greenbelt Master Plan Review - Part 3

By Richard W. Woodley, environmentalist, hiker, mountain biker, snowshoer, cross
country skier, kayaker

(Please note: click on images to enlarge)

While this may seem like a my most radical proposal yet it follows naturally from what I have already written:

Getting people out into the environment, onto the lakes and rivers and into the forests builds healthy lifestyles, and healthy lifestyles improve our health and reduces our health care costs. This is important at a time when obesity, and childhood obesity in particular, is at epidemic levels. We need natural spaces and trails to teach our children the benefits and enjoyment that can be had in the great outdoors. The National Capital Region is fortunate that we have a population that celebrates healthy lifestyles and rises up to challenge those that want to take our natural spaces and trails away from us. Allowing mountain biking on the trails is one more way to encourage people to get out and enjoy nature.

Young people need the type of challenges the outdoors can provide as an alternative to spending their time in a sedentary lifestyle centred on electronic devices, or other even worse, but seemingly exciting, activities like gangs and drugs. Youth can be attracted to these things by the very risks we want to protect them from. Outdoors activities such as rock climbing and mountain biking can provide exciting healthy risks that build character and a healthy body.

Mountain biking is the perfect activity to get young people active and out in the environment. It combines man and machine (or boy and machine) with a sense of adventure, all in a natural setting. The Greenbelt trails are the ideal location as many are closes to neighbourhoods and they have a wide variety of levels of riding difficulty and challenge.

The Old Quarry are trails are particularly suited for young riders just starting out in mountain biking because they provide a wide range of difficulty from easy flat gravel trails to intermediate level rooty and rocky trails.

A beginner level mountain bike skills park adjacent to these trails would be ideal for this location that is close to communities with young families and schools, as well as having it's own parking and close proximity to additional parking and facilities at the Hazeldean Mall.

The proposed location is off to the side of the trails and separated from roadways and traffic by bush.

MTB Park Location
MTB Park Trails
Why A Youth Mountain Bike Skills Park
There are two documented changes in young people's lives from when I grew up to today. They are a decreased level of physical activity and a disconnect from nature. Part of this stems from parents fear of letting their children play and wander outside alone and part of it stems from competition for their attention from technological devices from television to video games to the Internet.

We need to excite kids to get them to choose real outdoor physical activity over indoor virtual pursuits. Mountain biking is seen as an exciting "extreme" sport that can provide that excitement, yet when done with proper training at each individuals ability level it can be as safe as any other sporting activity.

A skills park can provide the setting and resources to teach young people how to handle their bikes safely and how to safely navigate technical mountain bike trails, as well as how to judge what they are capable of safely attempting on their bikes.

As well as including natural and man-made features to learn and practice their skills on, the park could also include educational displays on safe and responsible riding and respect for the trails, the environment and other trail users.

I believe this location is an excellent one for a beginner level mountain biking skills park as young riders can practice the skills they learn in the park on the adjacent trails that provide a wide range of trails of varying levels of technical difficulty.

Approaching Youth MTB Skills Park Site From Trails

Youth MTB Skills Park Site Overview


Youth MTB Skills Park Features


View of Trails From Youth MTB Skills Park Site

I also intend to propose that a more advanced level skills park be established adjacent to the mountain biking trail system in the South March Highlands.