One of the new ministers in the cabinet of the Prime Minister of Ontario, Doug Ford, is facing a September court hearing on charges of violating the Endangered Species Act of the province during his time as mayor of a rural city, CBC News has learned.
Graydon Smith, appointed Friday as Minister of Natural Resources and Forestry, was mayor of Bracebridge, Ontario, for nearly 12 years until he won the Parry Sound-Muskoka party for the Conservative Progressives in the June 2 provincial election.
Smith is accused of damaging or harassing Blanding turtles, designated by Ontario as an endangered species, and of damaging or endangering the turtles’ habitat. The city of Bracebridge itself and two senior city officials also face identical charges.
The charges were filed by a local neighborhood and have not yet been tried in the courts. Last Tuesday, three days before Smith was sworn into the cabinet, a justice of the peace approved the charges and ordered the case to go to court on Sept. 21.
The city and its officials are believed to have disturbed the turtles and damaged their habitat by doing level work between June and August 2021 on Peace Valley Road, about 15 miles northeast of downtown Bracebridge.
Michael Opara, the local resident who filed the charges, says he and his supporters sent an email and called city officials to warn them of the turtle nesting site next to the road near ‘a stream, and they made a presentation to the town hall.
But the people got the job done.
The Blanding turtle is on Ontario’s list of endangered species and is classified as “threatened”, meaning it is likely to be endangered if no action is taken to protect it. (Canada Parks / Heike Reuse)
“It’s been more than two years trying to get the people to listen,” Opara said in an interview.
“One of their solutions is to pave more than 60 meters of the roadway, including the turtle’s nesting sites, and it got to a point where we had enough and charges were filed.”
CBC News on Monday asked Smith and the prime minister’s office to respond to the allegations. The only response was from the Ministry of Natural and Forest Resources.
“[Bracebridge] The council listened to the concerns raised and sought mitigation measures before moving forward with the project, “a ministry official said in an email.
“Since this was a decision made by the council, the council is in a better position to make any further comments.”
A Bracebridge city attorney said Monday he is confident the charges will be dismissed.
Smith, former mayor of Bracebridge, won Parry Sound-Muskoka for the Conservative Progressives by 2,114 votes over the Green Party candidate in the June 2 election. (Graydon Smith)
“The fact is, and the evidence will show, that the city acted diligently and appropriately to complete the required road works in the vicinity of the turtle’s habitat,” said Sarah Hahn, a partner at the company. Barriston Law.
“It is unfortunate that the city’s resources must now be used to respond to these baseless allegations,” Hahn said in an email to CBC News.
David Donnelly, a Toronto environmental lawyer, says the justice of the peace’s decision last week to set a court date for the case gives legitimacy to the prosecution.
“Essentially, there are sufficient grounds to proceed with the trial,” said Donnelly, who has bought private charges in the past but is not involved in the Bracebridge charges.
“It’s the same selection process as with anything the police can bring in a prosecutor or the Ministry of the Environment or any other ministry would do,” Donnelly said in an interview.
Michael Appleby, president of the South Bracebridge Environmental Protection Group, a non-profit organization created three years ago, says Muskoka residents are deeply concerned about species at risk.
“If proven, the city’s actions are very disturbing, given that it was a situation that was so easily avoided,” Appleby said in an interview.
“We support the city’s responsibility and will follow this case as it progresses.”
Smith won Parry Sound-Muskoka by 2,114 votes in a race that stood out as the only bike in the province where a Green Party candidate came in second.