February 20, 2001

For Immediate Release

In a dramatic departure from all past hearings related to the Escarpment, the Niagara Escarpment Hearing Office - part of the Environmental Review Tribunal -- is proposing to conduct the upcoming Niagara Escarpment Plan Review without any witnesses, any oral questioning of one hearing participant by another, and any opportunity for participants to make summary statements at the end of the hearing. The hearing officers instead will allow participants a maximum of 30 minutes each to have their say on the future of this United Nations World Biosphere Reserve -- an opportunity that does not come again for another 10 years, at the time of the next review.

"The proposed hearing process is a sham," said Jason Thorne, CONE's Executive Director. "The hearing office seems to be doing everything possible to limit the role of the public in this review of the Escarpment Plan. We've never before seen a kangaroo court in the entire history of provincial government efforts to protect the Niagara Escarpment."

The hearing office proposes that prior to the oral hearing, participants use its website to ask on-line questions based on other participants' written submissions. But no one is obligated to answer those questions. And the public would get only 11 days in late June to read all submissions and determine what questions to ask. "This is not a public hearing. All this amounts to is an Internet chat room," added Thorne.

The hearing rules even go so far as to accept only written submissions filed in electronic format using specified computer software and electronic image formats for pictures.

Ontario law requires that the Niagara Escarpment Plan be reviewed periodically to ensure that it is adequately protecting the Escarpment from excessive and environmentally harmful development. Minister of Natural Resources John Snobelen started the review process just before Christmas 2000 when he issued terms of reference for the review. He is requiring that five issues be examined for possible amendments to the Niagara Escarpment Plan -- wineries and the types of accessory uses such as restaurants and conference facilities; rural tourism developments; visual pollution by billboards; monitoring the environmental change along the Escarpment such as forest cover; and intensive recreational development in Escarpment parks.

The Niagara Escarpment Hearing Office will issue final Rules of Procedure for the Plan Review hearing on March 1 or soon thereafter. CONE 's view is that instead of the proposed kangaroo court rules, the hearing office should simply adopt the standard rules for all other environmental hearings -- rules that are posted on the Hearing Office's own website.

CONE, founded in 1978, is an umbrella group representing 26 environmental and community organizations concerned about protection of the Niagara Escarpment. It is a strong supporter of the Niagara Escarpment Plan. CONE has shared its concerns about proposed hearing rules with the office of Minister John Snobelen as well as Environmental Commissioner of Ontario Gord Miller.