‘Abominable attack on democracy’: Caledon opposes ill-advised PC strategy for Highway 413

Ten days after the Ontario PC government introduced Bill 212, Caledon Ward 3 Councillor Doug Maskell was reading in the daily newspaper about bike lanes on Bloor Street being “torn up” to make way for new infrastructure. Something didn’t sit right. He decided to dive deeper into the details of the PC government's Reducing Gridlock, Saving You Time Act.

As he carefully examined the legislation, Maskell quickly recognized how “completely unacceptable” the provisions tied to the Highway 413 Act and the Building Highways Faster Act were, especially considering more than 52 percent of the proposed 59-kilometre highway would cut right through the heart of Caledon’s most sensitive watersheds and agricultural lands.

“You cannot do this in a functioning democracy,” he thought to himself. 

Maskell, who had originally proposed a motion in February for Council to oppose the PC government’s plan to build Highway 413, had to withdraw it at the time after hearing from many residents and organizations who supported the motion, but couldn’t attend the meeting or prepare a proper delegation on short notice. 

Caledon Councillor Doug Maskell (left) has repeatedly spoken out against the construction of Highway 413.

(Doug Maskell/Instagram)

When he reviewed Bill 212, he realized, "When am I going to get a better opportunity than this?" 

On November 12, Maskell put forward a motion to oppose the construction of “Highway 413 under the conditions of Bill 212.”

He recognized that the Province was pushing to pass the legislation by November 20th, and Tuesday’s council meeting was the only chance to raise the issue.

One of the requests in the successful motion is for Caledon Mayor Annette Groves to write a letter to key officials on behalf of council expressing its opposition to the Bill. It will be sent to federal Minister of Environment Steven Guilbeault; Ontario Premier Doug Ford; Minister of Transportation Prabmeet Sarkaria; MP for Dufferin-Caledon Kyle Seeback; Minister of Environment Andrea Khanjin; and Deputy Premier and Caledon-Dufferin MPP Sylvia Jones.

Maskell told The Pointer in an interview that the highway would impact not only the residents of the town but also the “voiceless”. 

His draft motion highlighted that the highway would “traverse four distinct watersheds including Credit, Humber, 16 Mile and Etobicoke, impact 42 dominant or seasonal fish habitats (spawning areas), increase both annual vehicle kilometer traffic and CO2 emissions and disturb at least 44 culturally significant heritage sites…threaten the critical habitats of at least ten federally protected species at risk that are either threatened or endangered and a further ten that are species at risk with the status of Special Concern.”

Maskell said his motion focuses on the “worst elements” of the “irresponsible” legislation, but he is also deeply concerned about a clause that would allow construction to continue “24 hours a day, 7 days a week.”

“Imagine the impact on residents if you’ve got construction going on 24/7 for how many years,” he said. “And what about the effect on migratory and nesting species?”

Echoing his concerns, Sharon Somerville, a delegate speaking at the council meeting said, “At a time when we all know we must do everything possible to reduce CO2 emissions if we are to have any chance of mitigating climate change and its consequences. Yet, this is the choice of our provincial government.”

The soon to be passed Bill will also strip the public of information regarding the extent of the damage the highway will cause. While it mandates that the Highway 413 website be updated with studies outlined in the draft environmental impact assessment, it also grants the minister the authority to withhold any studies or updates they deem to contain information of “sensitive” natural or cultural heritage matters.”

Among the delegates supporting Maskell’s motion was former longtime Caledon Councillor Ian Sinclair, who raised concerns about the lack of a clear definition of “sensitive” in the Bill. “Now we're starting to hide things from the public?” He emphasized how the Bill threatens fundamental rights and undermines the provincial government’s obligation to the constituents who give it power.

Sinclair urged Mayor Groves to write a letter opposing what he called an “abominable attack on democracy” and suggested circulating it to agricultural federations not just in Caledon, but also in Halton and York regions.

Ford’s push to get shovels in the ground led him to exempt the highway from a provincial environmental assessment of both the early works and the construction of Highway 413 while expropriating lands from town residents using extreme measures.

Section 12.4 of the Act was criticized during Caledon’s meeting for imposing “draconian penalties” on landowners in the town who interfere with the expropriation of their land.

Speaking before council members and members, Caledon resident Angela P. shared the personal impact Highway 413 would have on seniors in the community, including herself and her husband, who requires personal care and will be turning 80 next year.

“Please consider the seniors whose life savings are tied up in their homes. For the past five years, those who have not been able to sell them. No buyer wants to buy a house that is on land designated for a highway and a property for which no building permits can be obtained from the Town,” she pleaded. “Imagine a palliative senior living in his or her home for 50 years being asked to vacate during his final days or months.”

Her frustration was palpable as she described how the PC government’s approach had stripped her and her husband of their home’s value, leaving them with no viable options for the future. 

Having 90 days to purchase an apartment and renovate it as per the needs of her husband when long term care or a  senior’s residence are not an option for the couple, would be crippling, she said. “I have three months in which to find the same medical care and support that I have in the area.” 

She then addressed Maskell directly, outlining the impossible situation they now face. “So Councillor Maskell, do you think you could do that in three months?”

“No,” he responded.

That’s not the only challenge ahead of seniors and residents like Angela and her husband.

Under the provisions of the Act, those who fail to comply with the PC government's demands could face severe penalties: a $50,000 fine for the first offence, followed by $10,000 per day for each day the fine remains unpaid. A second offence could result in a staggering $100,000 penalty.

Perhaps most concerning, another section of the Bill grants the provincial government the authority to enter "private dwellings" and permits “the use of force to take possession of land,” deepening the sense of powerlessness and fear among affected homeowners.

“We find this a shocking, extraordinary abuse of provincial authority, and ask, how far will the use of force go?” Somerville said, demanding to know who was behind writing the controversial piece of legislation. 

“This public nightmare is avoidable,” she continued, urging the government to focus on the “known and feasible” alternatives, such as implementing truck tolls on Highway 407, investing in public transit, and ramping up urban housing development. 

As previously reported by The Pointer, this is a sentiment shared by experts like Martin Collier, founder of Transport Futures, who has criticized the Bill for ignoring modern principles of transportation planning, equity, and governance, claiming it prioritizes political gain for a few over creating safe, multi-modal options for the majority.

After hearing from residents about their concerns with Bill 212, council members discussed the motion brought forward by Maskell. During the debate, some councillors attempted to soften Caledon’s opposition to Highway 413, clarifying that while they don’t oppose the highway itself, they do object to the way it is being constructed.

Proposed route of Highway 413 which runs directly through Caledon, including portions of the Greenbelt.

(Environmental Defence)

Some councillors also suggested that Highway 413 was a “done deal”, unaware that the project is once again under review by the federal impact assessment agency. Maskell emphasized that if the highway were subjected to a full environmental impact assessment by Ottawa, it would be “incredible news for the people of Caledon and for the people of Ontario.”

After extensive debate, a few minor amendments were made to the motion’s title and wording.

“I could’ve never imagined for a better outcome,” he said, expressing optimism on the unanimous decision by council and the pledge from Mayor Groves to take action “immediately”.

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