Environmental groups take legal action to have Greenbelt documents released

An environmental advocacy organization is taking court action against Ontario’s government in an effort to compel the release of documents related to the Greenbelt scandal and possible government ties to developers.

Environmental Defence, represented by Ecojustice, is asking for a judicial review, stating the Ontario government failed to meet its legal obligations and respond adequately to a Freedom of Information request submitted by Environmental Defence in late 2022, reads a statement shared online by the group.

“Important questions remain about the involvement of government officials in the Greenbelt scandal. There are information gaps in the auditor general’s report and the investigation carried out by the integrity commissioner,” the statement reads.

“We’re taking the provincial government to court to ensure Ontarians get the truth,” said Laura Bowman, an Ecojustice lawyer. “The public deserves to know how important land use decisions are being made. This case is important to upholding the integrity of the access-to-information system.”

Bowman said Premier Doug Ford told the integrity commissioner he was not aware of developer influence on the Greenbelt decision last November. However, critical information in this regard remains withheld, and the Ministry of Housing is not adhering to the necessary legal procedures, she said. It is in the public interest for the government to release details on the decision-making process behind the Greenbelt land removals — without unnecessary delay, she added.

The Greenbelt, a swath of about two million acres, was created in 2005 to permanently protect agricultural and environmentally sensitive lands from development. But in December 2022, the Ford government removed land from the Greenbelt to open it up for housing development as part of the province’s commitment to build 1.5 million new homes over the next decade. A total of 7,400 acres were removed.

Following significant public pressure and the critical reports from the provincial auditor general and integrity commissioner, Ford reversed the plan. Meanwhile, the RCMP has officially launched a criminal investigation into the $8.3-billion Greenbelt land swap.

Tim Gray, executive director of Environmental Defence, emphasized the importance of accountability, saying the Greenbelt scandal will not be over until all the information about possible developer influence on the Ontario government has been revealed, and the people responsible held accountable.

“The laws of Ontario require government to follow the orders of the privacy commissioner, but they are refusing to do so and keeping vital information about who knew what and when from being available to the public," said Gray.

Alexandru Cioban, a spokesperson for the minister of municipal affairs and housing, told Canada's National Observer that they are committed to adhering to all record-keeping practices as set out in legislation, including the Freedom of Information Act and the Personal Privacy Act. "We have already undertaken steps to secure records and will be releasing them in accordance with the legislation," Cioban added.

Early this week, the Ford government introduced legislation to return parcels of the Greenbelt land that were removed by the province for housing along with enhanced legal protections.

Housing and Municipal Affairs Minister Paul Calandra underscored that the proposal aims to restore the removed lands and ensure future changes can only be made through legislation.

Calandra said if passed, the legislation will enhance protections for the Greenbelt and the Oak Ridges Moraine by ensuring any future boundary changes can only be made through a public and transparent process requiring legislative approval. The Greenbelt Statute Law Amendment Act, 2023 would also restore protections previously provided by the Duffins Rouge Agricultural Preserve Act.

This story was produced in partnership with Journalists for Human Rights for the Afghan Journalists-in-Residence program funded by the Meta Journalism Project.