Open Letter from Chief Kelly LaRocca of the Mississaugas of Scugog Island First Nation

When the Township of Scugog Council returns from its summer break, one of the first orders of business will be to consider supporting a Ministerial Zoning Order (MZO), for development along the Western edge of Lake Scugog—a proposal which would devastate the wetlands which flow into Lake Scugog, threaten the overall health of the lake, and undermine our treaty rights.

MZOs are provincial orders which allow developers to bypass significant planning approvals, including environmental safeguards. The Mississaugas of Scugog Island First Nation’s recent experience, with an MZO in neighbouring Durham Region, didn’t give our community much confidence in the process. The MZO sought to shortcut planning approvals, for the benefit of developers, but still elicited public outrage over a plan to build one of the largest warehouses in North America on a significant wetland. Now, another developer, Avenu Properties, is proposing to use an MZO to fast-track a housing development on a significant wetland, located along the shores of Lake Scugog.

This project comes with a lengthy list of environmental concerns, including impacts on the wetland and lake ecosystems. If approved, this development will compromise the wetland’s’ ability to provide crucial ecosystem functions, like: clean water, flood prevention, and critical habitat for a wide range of species.

We strongly believe this is the wrong location for this project. Protecting the wetlands and watersheds of Lake Scugog is critical—we cannot allow these ecosystems to be compromised. Every alternative must be considered, in lieu of developing over wetlands.

Impacts on the environment and water quality:

Southern Ontario has lost over 72 percent of its original wetlands, and the losses continue. Wetlands protect us from floods, clean our water, act as a carbon sink, and provide habitat and breeding grounds to a variety of species. Once we lose wetlands, they are near impossible to restore, and with their loss, we lose the benefits they provide.

The main threat to remaining wetlands is the conversion of land for development. If this development is approved, the wetlands which directly flow into Lake Scugog will be severely harmed, putting the overall health of our lake at risk. Additionally, the development itself, which includes a road, hundreds of parking spots and other paved surfaces, will increase polluted surface- and road run-off, threatening critical fish species habitat.

These reasons alone should be enough to stop this development. However, to make matters worse, the way Avenu Properties went about its application and consultation processes, or lack thereof, has been alarming.

Upholding the Duty to Consult, and the Honour of the Crown

Governments, and by extension industries, has a legal obligation, through section 35 of the Constitution, to engage with potentially affected Indigenous communities, to prevent or mitigate any potential impacts the proposed project may have on Aboriginal or treaty rights.

On this specific proposal, we are disappointed in the lack of meaningful consultation and engagement, by both Avenu Properties Inc. and the Township of Scugog, with our community. Avenu has refused to fund a third-party review of its proposal, and key documents were shared with us only days before an important town council meeting, leaving us with no time to adequately prepare.

Given, Conservation Authorities have been removed from the planning and assessment process, and Township staff are limited in their ability to assess a proposal which is missing so many key technical details, we are concerned our constitutionally protected Aboriginal and treaty rights may be impacted. Moving forward with a MZO for a developer, who intends to destroy an important wetland, sends the message there is no respect for treaty rights. Actions of reconciliation require more of us.

Now is the time for the developer and the municipality to sit down and meaningfully consult with us on this proposal, for the sake of the wetland, the lake and our relationship.