Municipality of Chatham-Kent Council continues to ‘Defend Dresden’ with new approved directions, including the possibility of a court challenge.
The Bill 5 issue and York 1 Dresden landfill proposal was added as a supplementary item to the agenda for the Monday, June 9, 2025 Council meeting.
Dave Taylor, the director of legal services, provided a verbal update to Council on the issue and spoke to a motion crafted by staff and moved successfully by Councillor Rhonda Jubenville.
After Council unanimously waived the notice periods for the motion, the North Kent Councillor moved the following motion:
– Despite strong Indigenous and community opposition to Bill 5, and unanimous Council opposition to the exemption of 29831 Irish School Road, Chatham-Kent from an Environmental Assessment Act process, the Province of Ontario has passed Bill 5.
– Due to the destructive impacts that this will have on Dresden and the surrounding areas, Council and the community must continue to voice concerns, and consider available tools to stop this proposed landfill and recycling facility.
– The Province has promised that it will ensure that this proposal will ‘undergo extensive environmental processes’.
– With the quick passing of Bill 5, these steps need to be taken as soon as possible, and thus notice of this motion tonight should be waived so that a vote can occur immediately.
– In support of all impacted citizens and businesses, and impacted Indigenous Nations, Council calls on the Province to reverse its decision to permit a landfill just north of Dresden at 29831 Irish School Road, without a full EA process.
– If the Province refuses to do so, Council calls on the Province to:
– Require that a Terms of Reference be required at the outset of the project to ensure that the studies that would typically be required by the EA process be included in the decision making on whether to authorize an amendment to the Environmental Compliance Approval. Specifically, but not necessarily limited to, studies related to ecological impacts, geotechnical, air/odour/gas modelling, noise, transportation, and, socio-economic impacts and that the Municipality be afforded the opportunity to review and provide input into the development of the Terms of Reference.
– Ensure that the community engagement processes that would occur in an EA process be included in the decision making on whether to authorize an amendment to the Environmental Compliance Approval, to ensure that decision makers are aware of community impacts and concerns;
– Follow its duties for Indigenous Consultation and Accommodation with the impacted Indigenous Nations;
– Administration be directed to return to Council with any steps that can be taken to continue to Defend Dresden and mitigate the impacts of this Provincial decision including:
– Administration be directed to connect with parties that may be challenging the law, including Indigenous Nations impacted by the Bill, to consider the possibility of a Court challenge.
– Administration be directed to submit a request to the Federal Minister of the Environment and Climate Change, for the landfill/recycling project at 29831 Irish School Road to be designated as a project to which the Impact Assessment Act would apply on the basis of potential impacts to federally protected species/habitat and potential impacts to Indigenous nations.
– Administration be directed to pursue a review of the landfill/recycling project at 29831 Irish School Road under the Provincial Environmental Bill of Rights.
– Administration be directed to retain a traffic engineer to review impacts to roads and communities from the York1 proposal and produce recommendations on how to mitigate these impacts if the project proceeds.
– Administration be directed to retain further experts to review environmental resources that could be impacted by this proposal, including ground and surface water, wetlands, species, and the natural environment.
The motion was unanimously supported by Council.
“I am truly disheartened to hear of the passing of Bill 5 in Provincial Legislature, in spite of all the opposition to it​ from Chatham-Kent and Walpole First Nation, along with First Nations People from all over Ontario,” Councillor Jubenville stated, in a media release last week.
“I am saddened that our elected MPPs didn’t stand against the portion of Bill 5 that threatened Dresden. I am hopeful that they will still work with us to provide the best possible outcome in this unfortunate situation. What is most concerning to me is the removal of the Environmental Assessment, which would have provided all the safeguards to make sure this project would proceed in an environmentally sound direction.
Jubenville added: “I worry for the people of Dresden and the surrounding area, along with the impact on the land and farms, tributaries and air. I will continue to work with Chatham-Kent to oppose this project and give hope to a positive outcome in the end.”
North Kent Councillor Jamie McGrail added she is also “deeply disappointed” in the passing of Bill 5.
“This is a difficult moment, but also time to regroup,” McGrail stated last week.
“I will be taking my direction through municipal administration, but make no mistake, I will continue to engage and fight alongside Dresden and the Municipality as we move forward with the ECA process.”
Chatham-Kent Mayor Darrin Canniff said they are not giving up.
“Our community is resilient,” Mayor Canniff stated last week.
“We will continue to stand up and fight for Dresden, for our neighbouring communities, and for Indigenous Nations all over Ontario. We urge the Government of Ontario to reconsider the implications of this legislation, to listen to the concerns of communities like ours, and to respect the rights of all Ontarians, especially Indigenous communities, whose voices must not be ignored as stewards of the land.”
More details are available at www.defenddresden.ca.
