The Peterborough Examiner

Halt casino to protect turtles: Biologist

- JOELLE KOVACH EXAMINER STAFF WRITER

There are at least two species of turtles living on the site on Crawford Dr. where a new casino is under constructi­on, says a biologist – and constructi­on should stop until there are plans in place to mitigate harm to the turtles.

Ron Brooks, who was a long-time professor of biology and zoology at the University of Guelph, wrote a new report about turtles on the casino site.

He writes that there are snapping turtles and Midland painted turtles living on the site – and there may also be Blandings turtles and Map turtles there, too.

Brooks was retained by the law firm Affleck Greene, which is representi­ng citizen Roy Brady in his lawsuit against the city over the casino’s location.

Affleck Greene asked Brooks whether there are turtles living on the casino site, and if so, whether plans have been made to mitigate harm done to their habitat.

After reading records from the Ontario Reptile and Amphibian Atlas, as well as data from the Kawartha Turtle Trauma Centre, Brooks writes that there are certainly turtles living there.

He also writes that he inspected four environmen­tal impact assessment­s or environmen­tal planning documents.

From reading those, Brooks could find no explanatio­n of how the developer plans to mitigate damage to the turtles’ habitat or make up for the increased traffic from the new driveways on the site.

Given that, he writes, “I conclude that constructi­on should not proceed until impacts have been identified and their mitigation has been addressed.”

No comment was available Tuesday night from Great Canadian Gaming Corp., the B.C. based company that is developing the casino and will operate it.

Michael Binetti, the lawyer for Roy Brady, stated in an e-mail to The Examiner that a further report is expected from Brooks.

“He( Brooks) is a world-renowned expert in this area,” Binetti wrote. “The city should heed his advice and prevent further environmen­tal damage and harm to turtles and turtle habitat by stopping the building until proper mitigation measures can be taken.”

Brady didn’t have any comment about the report specifical­ly, when reached on Tuesday evening, but he said he’s still pursuing the case.

Brady said there’s no court date yet, but he expects there will soon bead ate booked in a Toronto courtroom.

Meanwhile, Mayor Daryl Bennett said Tuesday night that casino constructi­on is continuing apace – and nothing’s expected to put it to a halt.

Even though he hadn’t seen the turtle report, he said he still thinks the casino will be built.

“The site plan is not appealable,” he said.

Brady’s court 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 court document points out, and yet councillor­s decided 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.

Casino constructi­on started on Sept. 6. Great Canadian Gaming Corp. plans to open it sometime in late 2018.

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