Federal Court Rules in Favor of Halton Municipalities

Ontario Superior Court upholds jurisdiction in CN Intermodal case File Image/ Mohsin Abbas

By: Laura Steiner, Local Journalism Initiative Reporter, The Milton Reporter

The Federal Court of Canada has sided with the Halton Municipalities concerning CN’s proposed truck-rail facility in the Town of Milton.

The court determined that the Federal Minister and Cabinet had failed in their obligation to safeguard human health in their decisions regarding the project.

Halton Regional Chair Gary Carr expressed satisfaction with the court’s ruling, highlighting the flaws and unreasonableness identified in the Federal Cabinet’s decision. Carr emphasized the municipalities’ concerns regarding the health and safety of residents, which the court has now acknowledged.

As a consequence of the ruling, the project can only advance with a reconsideration process by the federal government, necessitating a comprehensive evaluation of its potential impacts.

Milton Mayor Gordon Krantz conveyed relief at the decision, characterizing the battle as one aimed at protecting residents’ health. The court’s acknowledgment of their concerns gives the municipalities a sense of validation.

The controversy surrounding CN’s proposed facility dates back to 2020, when an Environmental Review Panel highlighted significant adverse health effects on Halton residents. Notably, this project is the sole instance subjected to a federal environmental panel review deemed likely to cause substantial harm to human health. Safety concerns, particularly regarding increased traffic, further compounded apprehensions. The project site raised serious alarm bells, situated within one kilometre of over 34,000 residents, a hospital, 12 schools, and two long-term care homes.

The Regional Municipality of Halton, comprising the City of Burlington, the Town of Halton Hills, Milton, and Oakville, caters to over 637,000 residents.