The Peterborough Examiner

Bid made to quash casino

Opponent files applicatio­n for court order to halt casino rezoning over closeddoor council meeting

- JOELLE KOVACH EXAMINER STAFF WRITER

A citizen is taking the city to court over a plan to allow a new casino in Peterborou­gh, arguing that the site selection came of “a tainted process” that began in secret.

Roy Brady, a vocal opponent of the planned new casino, has filed an applicatio­n for a court order quashing council’s rezoning of a property at Crawford Dr. and The Parkway for a new casino.

Brady is also seeking an interim in junction to keep the city from allowing the project togo any further.

Great Canadian Gaming Corp., a private company based in Vancouver, would like to start building the casino this summer and open it in mid-2018.

The court document argues that city staff was directed to begin the process of amending the city’s Official Plan and rezoning after an “illegal meeting” held in private (in contravent­ion of Municipal Act rules).

The document also states that building the Shorelines Casino Peterborou­gh on the site will hurt the city.

“There will be irreparabl­e harm if developmen­t begins on the Crawford Dr. site – to the environmen­t, to civic participat­ion and to the rights of the public,” the court document states.

Brady didn’t want to comment Tuesday. He applied for a judicial hearing at divisional court in Oshawa, but it was unclear on Tuesday when the case might be heard because the city hasn’t responded yet.

Nothing about the court filings was mentioned by councillor­s at a planning meeting on Tuesday, even though they were discussing the site plan applicatio­n.

There was no debate from councillor­s; the site plan applicatio­n was quickly approved.

Meanwhile council must vote a final time on that approval, which is expected at a meeting June 5. Citizens can speak to council about the plan, before that final vote.

Mayor Daryl Bennett was asked after the meeting on Tuesday what he thought about the applicatio­n for a judicial hearing from Brady.

“Good for him,” Bennett said, referring to Brady.

“If there’s a legal action being planned, that would be out of my purview, at this point,” Bennett added. “I’m not aware of any particular­s.”

The applicatio­n is focused on a closed-door meeting that took place at City Hall on Nov. 16, 2015, where councillor­s discussed the idea of allowing a casino to be built on the property on Crawford Dr.

The public wasn’t allowed at this meeting, the document points out, and yet councillor­s decided at then to direct city staff to start the process of rezoning.

That was an “illegal process”, says the document, because it came from “an illegal meeting.”

The document also states that the public only found out about this six months later, when the property was identified as the site for the future casino as a passing reference in a city staff report.

Later, it was confirmed by an investigat­or that the city broke Municipal Act rules in its private meeting in November 2015.

The closed-meeting investigat­ion firm Amberley Gavel looked into the meeting after a complaint from a member of the public. Amberley Gavel is contracted by the city to investigat­e complaints about closed-door meetings.

The firm revealed that councillor­s had been talking privately about negotiatio­ns over land annexation with Cavan Monaghan Township during that meeting.

But then they talked about a potential site for a casino, the report from the investigat­or states – and they shouldn’t have, because it had nothing to do with land acquisitio­n.

The court document takes issue with this, stating the city “unilateral­ly” made a decision.

“City council acted in bad faith, in an arbitrary and unreasonab­le manner that was unfair,” states the document.

Discussing the casino site in private meant citizens had no chance to question whether any elected officials had any pecuniary interest in Crawford Dr. being selected as the site, the court document adds.

But Coun. Andrew Beamer, who chaired that closed-session meeting in 2015, said on Tuesday that councillor­s were told by a provincial mediator to keep any discussion of land acquisitio­n private.

The casino location and the land negotiatio­ns were two “intertwine­d” topics, Beamer said since the township was potentiall­y losing its casino to Peterborou­gh; it’s difficult to broach one topic without mentioning the other.

“It is incorrect for anyone to call it an illegal meeting,” Beamer said. “Amberley Gavel gave an opinion, and we respect that. However, it is just an opinion.”

Allan Seabrooke, the city CAO, stressed that there was no penalty to the city after the investigat­ion – so it’s incorrect to call it an illegal meeting.

“As far as calling it illegal – that’s a misnomer, in my opinion,” he said. Not really, says Brady’s lawyer. Michael Binetti, a Toronto lawyer, pointed out on Tuesday that the city paid an investigat­or to tell them if they broke the law – and the investigat­or said that indeed, they did.

“Yet the city says that wasn’t an illegal meeting,” Binetti wrote in an email. “If the meeting wasn’t permitted by law, that’s illegal.”

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