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Simcoe County seeks court injunction to stop Site 41 blockade

The Barrie Examiner reports that, “Lawyers for Simcoe County will make an application today for a court injunction to end the blockade of landfill Site 41 in Tiny Township. The application — naming Anne Ritchie Nahuis and Vicki Monague as defendants — is seeking a sweeping prohibition of demonstrations at the entrances to the dump site. The county is also seeking damages of at least $160,000. Nahuis and Monague were served with court documents yesterday.”

“The county’s application is for an injunction that would, among other things …’Prevent trespassing upon, or protesting or picketing, or attempting to protest or picket upon, the Plaintiffs property, known as Site 41… (and prevent) Picketing and-or protesting on land adjacent to the Premises, save and except that persons may picket on the land directly across the street from the main entrance to the Premises …provided that the number of all such picketers shall be limited to no more than five (5) at anyone time.”

“The court is also being asked to issue …’An order directing the Sheriffs of the County to forthwith enforce the court order, including by removing all persons blockading the entrances to the Premises by whatever means reasonably necessary…”

The Council of Canadians will be in court today fighting Simcoe County’s application for an injunction. We’ll keep you posted on that.

The Barrie Examiner article is at http://www.thebarrieexaminer.com/ArticleDisplay.aspx?e=1666285.

On Monday the Midland Mirror reported that, “The Council of Canadians says the OPP shouldn’t be involved in what is a civil dispute between Simcoe County and some of its residents – and their right to free speech. In a letter sent to OPP Commissioner Julian Fantino on Monday morning, the group’s lawyers remind the police to respect the Charter rights of the peaceful protesters at Site 41.”

The letter from Sack Goldblatt Mitchell LLP reads, “The construction activity which your officers seek to assist the County of Simcoe in carrying out is unlawful. More specifically, there has been no proper approval of this project by the municipal council for the County of Simcoe. In the absence of a bylaw authorizing the project, it is illegal.”

The article adds, “A vote did occur in June 2007, in which county council voted narrowly (16-15) to approve preliminary construction. Lawyer Steven Shrybman said county council never approved the entire project. …He said county council should debate the issue Aug. 25.”

That article is at http://www.midlandmirror.com/midlandmirror/article/141263.

The Council of Canadians media release on its letter to OPP Commissioner Julian Fantino can be read at http://canadians.org/media/water/2009/20-July-09.html.

More about Site 41 at http://canadians.org/Site41.