The Town of South Bruce Peninsula has been granted leave to appeal its two convictions of destroying piping plover habitat.
Justice Bradley Miller ruled in the Court of Appeal for Ontario, May 14th the Town could appeal, though no date has been set.
Mayor Janice Jackson thinks it could be at least November before the Town will make its appeal.
The Town was charged and convicted on two counts of destroying habitat for an April 2017 beach raking (before plovers arrive) and a late August 2017 beach raking (after plovers leave).
The 2019 convictions were upheld earlier this year by Justice Julia Morneau of the Ontario Court, but Jackson notes the Town considered part of Morneau’s ruling a victory.
Jackson says, the earlier ruling by a justice of the peace declared the entire beach plover habitat, whereas, Morneau’s ruling said the south end of the beach was not plover habitat and neither was any area with willow bushes, “So that was a partial victory for us, however, we have maintained from the beginning that we have not damaged plover habitat,” says Jackson.
When asking for this current leave to appeal, the Town argued the Appeal Judge in 2021 and the Justice of the Peace before that in 2019, erred in their interpretation what constitutes damage to a species habitat. The Town also argues the appeal judge erred in applying the test governing the admissibility of expert evidence.
Meanwhile, Jackson says if the Town loses the upcoming appeal, it will be ordered to pay $100,000 to Birds Canada, which she says would come from tax dollars. She notes the appeal is expected to take one day.
As for the future of beach raking, Jackson feels it would “Look very grim if we don’t win this case.”
In the meantime, Jackson says the Town cannot do work on the beach aside from clearing storm drains to address flooding on Lakeshore Boulevard.
Jackson says so far this year, two plovers landed then departed, but she reports as of Thursday (May 20) there is now a nest in the area of 3rd Street North.