The Oak Ridges Moraine Battles

 

The Oak Ridges Moraine Battles: Development, Sprawl, and Nature Conservation in the Toronto Region is a time capsule of events looking back from the year 2013, and a book that remains as relevant and important a work today as it was the year it was first put into print. Published twelve years after the passing of the 2001 Oak Ridges Moraine Conservation Act, (https://www.ontario.ca/laws/regulation/020140) this information-packed read was also composed four years before the publishing of the 2017 Oak Ridges Moraine Conservation Plan, (https://files.ontario.ca/oak-ridges-moraine-conservation-plan-2017.pdf). Historically it precedes the activism underway today to once again protect the Moraine and the Greenbelt from encroachment. However, this title has a wise voice that transcends the passing of a decade and its words continue as guidance to activists today. 

Printed in the year Kathleen Wynne stepped into power, as well as the year the ice storm and several earthquakes shook Ontario bringing climate to the fore, there was a different kind of STORM brewing in Ontario, the Save the Oak Ridges Moraine Coalition, and people were taking note. This comprehensive and detailed book was surely a welcome arrival as it would help delineate environmental action and policy. It also reinforced the astonishing breadth of support for protecting the Moraine. The writers, a smart and critically-minded team of environmentalist scholars, were also intrigued by examinations of power dynamics in coalition-forming and exposing imbalance in wider approaches to conservation. 

The book has eight chapters, each approximately thirty pages long. As we learn from our reading of Blue-Green Province: The Environment and the Political Economy of Ontario by Mark Winfield, (UBC Press, 2012) it wasn’t until the 1990’s that “the Moraine was ultimately declared an area of provincial interest, and in 1994 a series of reports on a strategy for the Moraine was completed by the Ministries of Natural Resources, Environment, and Municipal Affairs and Housing,” (Winfield, p 82).

The Oak Ridges Moraine technical committee seems to have been one of the last great things the nineties Ontario NDP government set up before it switched over, and established a much-needed first step in protection.

The Oak Ridges Moraine Battle: Development, Sprawl, and Nature Conservation in the Toronto Region functions like a sort of essential primer to these sorts of battles, and it is filled with social and political insight. Of interest to anyone wishing to learn about the history of the Moraine, the book is pertinent to any struggle against development sprawl. If you love stories of communities taking a stand, this is a book with soul. 

With plenty of fascinating historical background, high-stakes political tensions, unlikely alliances and examples of human courage in the face of adversity, The Oak Ridges Moraine Battle has one slightly unusual factor that makes it extra great. This is that the writers create a sense early on of the Moraine as an entity, and provide eloquent words of caution against simply seeing it as anything else. I think this was the most special element about the writing that made me read on. By making the Oak Ridges Moraine feel not like a landform and more like a slow-moving ancient and monolithic animal, an entity with its own agency that shifts, yields, provides, deflects and in a way even listens, the book engages reader interest from the first chapter. Once framed in this way, the effort of environmentalists to establish protections becomes a tale of people who share a relationship with earth. To this end, the book is also a bit of a toolkit for directly embracing rather than shying away from emotions in environmental causes while empowering them with facts. 

While the first chapter references Latour’s concept of “actor networks” and introduces the idea of a landform itself being an active rather than passive actor in “influencing socio-political outcomes,” (Gilbert et al., page 7), it also quickly offers some stark facts regarding sprawl and encroachment in the form of several useful charts. The following chapter, “The Surfacing of a Landform,” describes historic events involving the Moraine, its ancient function as a home to Indigenous people, the impact of European resettlement, and with a bit of humour, its only fairly recent identity as a “geomorphic feature,” (Gilbert et al., page 32). Reiterating the theme of landforms having “agency” (Gilbert et al., page 31)  it also presents the useful idea of the contemporary moraine as a “cultural construct” with “its own dynamic” (Gilbert et al., page 32), reminding us this is a place that will outlast humans.

While describing the Moraine as “shaping…human and non human destinies,” a section which asks “do moraines listen?” makes it evident the writers shared an intent to remodel our approach to scientific information with earth-centred compassion (Gilbert et al., page 33). In an age when many overly-technical books attempt to lead discussions of conservation, I found this refreshing and I believe it helped lay the groundwork for a more accessible writing style in the decade that followed. 

Further the book criticizes a dominant framework of thinking that had presided over the then-recent conservation campaign for the Moraine, cautioning against an entrenched approach (Gilbert et al., page 90). Remarking that the interrelatedness of nature and culture as well as the need to plan for biodiversity that includes humans was obscured by certain frames of thought (Gilbert et al., page 90) was courageous and, looking back, surely quite true.

The other thing I liked about this book was its thoroughness. I’m quite sure Premier Kathleen Wynne must have seen the value in owning this title and have ideally read and reread it, as I can imagine it greatly helping her in positively influencing her policy decisions and her position that the Greenbelt must be expanded.

The Chapter Nature Conservation Planning in South-Central Ontario: A Flashpoint describes the history of hearings and the involvement of Pollution Probe, Greenpeace and local action groups in defending the Moraine  (Gilbert et al., page 59). The history of conservationist science in studying the Moraine and the long history of public concern are also described in this chapter in a way policy-makers as well as everyday citizens would find accessible and informing (Gilbert et al., page 81). Charts regarding land use designation and on page 87 a list of 17 important technical papers regarding the Moraine by the Ministry of Natural Resources and the Ministry of the Environment are further listed with care. 

The chapter Residents Speak for the Moraine taught me to visualize three phases of citizen engagement in environmental campaigns, that of citizens learning the tools of activism over small disputes, of broader-based coalitions forming and finally, of involvement of the ministries, private sector citizens and all stakeholders in the concern (Gilbert et al., page 126). Of course, no book with a title like The Oak Ridges Moraine Battle could not supply readers with the nitty gritty details behind the forming of STORM: Save the Oak Ridges Moraine Coalition, and the growth of coalitions is an inspiring tale as well (Gilbert et al., page 128). While the authors have encouraged us to see these events through a critical lens, the book also gains momentum: the excitement of so many groups coming together and combining their clout is palpable. The photos are also great choices, such as the one of Raging Grannies (Gilbert et al., page 150).

The Taking a Stand chapter was perhaps the most exciting as it built on the previous chapters and made the book read a bit more like the action and adventure story it truly is. Taking a Stand, Preserving Place and Nature on the Moraine opens with a description of how homeowner groups united with environmental groups and organizations such as Earthroots and the Canadian Environmental Defence Fund. It presents both the history behind these at times unlikely alliances and the ways in which this “convergence” (Gilbert et al., page 120) occurred in real life. 

The chapters Conservation Planning in the Service of Growth and Producing Exclusive Landscape Aesthetics have some very good writing lurking within in the form of a critical examination of power issues in planning, “planning is a politics by other means,” (Gilbert et al.,  page 163) and the writing simply pulls no punches. I like that in a book, and the statement that “ the Oak Ridges Moraine is a privileged residential environment,” and that it is still “vulnerable to development pressures” underscored the issues involving classism and other buried concerns (literally in the case of Indigenous sites) that sometimes go unmentioned when coalitions combine. Both chapters were sobering after the excitement of large coalitions joining forces, and the adept writing shone a much-needed light on how much work is still to be done. The writing in the chapter Producing Exclusive Landscape Aesthetics quite brilliantly exposes the untruths behind the capitalist notion of “win-win ecology” (Gilbert et al., page 225) and the hypocrisy of aggregate companies presenting themselves as “good stewards.”

 In conclusion, this is a book that is successfully timeless and the authors write with skill. It contains a lesson in perceiving any geographic landform (and by extension our planet) in a wholistic and respectful way, and it is a book loaded with indispensable information. Highly recommended. 

Gilbert, L., Sandberg, L. A., & Wekerle, G. R. (2013). The Oak Ridges Moraine battles: Development, Sprawl, and nature conservation in the toronto region. University of Toronto Press. 

Winfield, M. (2012). Blue-Green Province: The Environment and the Political Economy of Ontario. UBC Press. 

 

An Introduction To Environmental Law and Policy in Canada

 

I discovered this book while checking out the required reading list for courses at York’s Environmental Studies program. It’s used in an Environmental Policy course, and I couldn’t resist buying it for study.

This opening chapter explains the law-making bodies in Canada, the reading of bills in the House of Commons and the process required for laws to come into force both in federal as well as in provincial systems. It moves forward to explain, “The Concept of Jurisdiction,” and it uses a case example. This was the first use of a real case example in the book. It created a reassuring sense we had moved beyond introductions and into the realm of actual legal textbook, and that this was one that is designed to equip that environmental law literacy so needed in our future courtrooms. 

The chapter end then provided a summary of key points. My assessment is that this chapter definitely met learning expectations. It also offered interesting discussion questions and it dished up enough suggested readings to occupy a keen student for quite some time.  

The next chapter, Aboriginal and Environmental Law, presented a case study example by the second page, something as a reader I found exciting. Case studies create for me an instant sense of connection to the legal process and the history of legal challenges. The chapter explains that Aboriginal law and environmental law are intertwined, and discusses terminology (such as the word Aboriginal) in a clarifying way. It also describes well the idea of treaty rights, thankfully explaining that they are wide in scope and that some land is also unceded territory. 

The 1990 R. vs. Sparrow case, a study of the Delgamuukw vs. British Columbia case in 1997, The Taku River Tlingit First Nation vs. British Columbia case (2004) and the Haida vs. British Columbia case (2004) are all presented here, as is Tsilhqot’in Nation vs. British Columbia in 2014. It was great to see the extensive presentation of these case studies, in most cases important precedent-setting wins. Studying even a rudimentary description of these cases helps any reader better frame compassion for Indigenous people’s struggles in a legal light and these are written in a helpful and compassionate way. 

The chapter then returns to the discussion of treaties and presents the Grassy Narrows challenge in 2005. Here I did feel that, although the description emphasized expectations regarding the duty of the Crown and of the Province of Ontario, because the pollution concern at Grassy Narrows is far from resolved, it seemed an omission to only describe the “duties” aspect and have no mention of recent failures of duty as Grassy Narrows is still an ongoing battle for environmental justice today. Excepting this feature, the chapter is a very good introduction to the issues and a very useful explanation of how these challenges occurred in court. The chapter also conveys the importance of consultation and accommodation, and how these are key to and work alongside environmental law. Again the chapter-end discussion points were useful and the suggested reading list and notes are extensive making it a very good introductory chapter that fulfils its goals for learners.

The next chapter, Chapter 3: The Relationship Between Canadian and International Law, has three learning objectives. The first is to grasp the meaning of International Law, the second is to learn key components of both conventional and customary International Law, and the third is to know the history of Canada’s involvement in the development of International Law. 

The chapter begins by emphasizing the complexity of International Law and that there are many types. It explains Conventional International Law clearly and usefully. Conventional International Law involves conventions or treaties between nations with carefully set out (and specific) terms, and their arrangement is formal. Negotiations can take years and have many stages. Agreements regarding a change to details in a convention or treaty, legally termed protocols, are a much less formal process. Protocols allow for developments to formal conventions or treaties and draw attention to specific parts. While protocols also can take years and must be entirely agreed to by participating nations, their terms do come into effect upon ratification. The chapter also explains how Customary law is different than Conventional law, as Customary laws are based upon long-standing laws recognized to be binding and abided by. The book then discusses several case histories, and presents examples of times Canada has played a role in development of International laws. Here I appreciated that the book included the fact that Canada has recently been seen as obstructive in the case of international Environmental laws.

This chapter concluded, consistent with the others, with discussion questions and ample numbers of notes and suggested readings.  

The final chapter, Environmental Assessment, begins with a frank introduction that explains assessments as controversial and outlines how they meet resistance, although assessments often serve to make great progress in protecting the environment as well. The book outlines some useful background history to environmental assessment law. Progress in this area has definitely included better public participation and prevention rather than corrective action, meaning the pushback is less from communities and more from companies hoping to exploit a location for resources without reasonable restraint. This chapter also describes the history of assessment law in Canada, and describes it quite accessibly, making it an interesting piece of writing to any student intrigued by the field. Finally, it also provides a chart breaking down the differences between basic and more advanced assessment law in Canada, and reviews newer concepts of sustainability in law.

 All in all, I found this final chapter entirely readable, building well upon what was covered in earlier chapters, and creating for the student a feeling of accrued ability. Notes for this chapter run for three pages and the chapter’s suggested reading list and discussion questions are intriguing. As well as having key terms list at the end of each chapter, the book concludes with an extensive glossary, The glossary is also worthy of study and is eight pages long.

 I really enjoyed the offerings in this (75 page student version) textbook and I’m glad I purchased it. It contains a comprehensive introduction to the field and is well-written in its aim. An excellent understanding of not only Canadian environmental law but international law and the history and development of treaties and environmental laws between nations is within its pages. For any student ardent about environmental justice, An Introduction to Environmental Law and Policy in Canada is an indispensable primer.

  Muldoon, P., Williams, J., Lucas, A. R., Gibson, R. B., & Pickfield, P. (2020). An introduction to     environmental law and policy in Canada (75 page. Student edition). Emond Montgomery Publications Limited. 

Recycling the City: The Use and Reuse of Urban Land

 

This book offers policy ideas and asks questions regarding underutilized urban land. Although it was published in 2004, it is entirely valid today. The editors, Rosalind Greenstein and Yesim Sungu-Eryilmaz, wrote this as a publication of a Cambridge, Massachusetts think tank called The Lincoln Institute of Land Policy, which has existed since 1946. The Lincoln Institute of Land Policy currently lists as its goals: Low-carbon, climate-resilient communities and regions, Efficient and equitable tax systems, Reduced poverty and spatial inequality, Fiscally healthy communities and regions, Sustainably managed land and water resources and Functional land markets and reduced informality (Wikipedia, 2023). This large, oversized paperback with full colour photos is divided into three parts, and each one of these sections has three to five articles by contributors under their topic. 

Part One, The Vacant Land Phenomenon, encourages readers to see vacant land as opportunity and challenge. This creates an optimistic tone that is an excellent lead-in for the rest of the book. The section defines Vacant land, and asks why such land is found abandoned in cities. It raises several questions. Why do these underutilized urban spaces appear in city landscapes? Why do they remain unused for long stretches of time, despite an obvious need for their deployment as gardens and community spaces? 

Leading into Part two, The Vacant Land and Brownfield Redevelopment process, the book discusses the assessment tools required to determine if an unused parcel has a history of being contaminated, always a first step before redevelopment can get underway. We learn that there are considered to be at least three classes of brownfield sites involved in assessments, at least in American cities. In my own internet search, other environmental assessments seem to have six or more Tiers, but the Tier system is always an important assessment feature. This is also perhaps a window into the problem of the gentrification process, as the Tier process seemed very linked to the salability potential of any land. As found in this (American) book, Tier One abandoned sites, regardless of their location or the better purpose a community may see for them, are sites designated as the most attractive to the private sector. Tier Two sites are those classified as below the threshold for development viability. Typical Tier Two sites seem to include spaces such as waterfront sites in cities with low economic prospects, defined as Tier Two when they have some risk of contamination, and so will require work to bring them into a marketable category. 

This process is also clearly outlined at the website https://www.lincolninst.edu/publications/articles/overcoming-obstacles-brownfield-vacant-land-redevelopment, which is produced by the same Lincoln Institute of Land Policy that published this book and so has consistent information in both places. Sites with a Tier Three status are sites that require considerably more effort and investment as they have a proven contamination issue that is not easily resolved. Once sites are assessed and are redeveloped, Innovative uses for Vacant Land as described in Part Three, can really take on a life of their own. Innovative uses for Vacant Land can include community playgrounds as well as community gardens, fruit tree orchards, gathering spaces, spaces for theatre, workshops, concerts and other performances, Tiny Forest sites, and many more. Greenhouses, small outdoor cinemas and outdoor galleries also can be included here. 

I found this book fun and useful. It has action in mind, and it’s difficult to read it and not feel like the expertise accrued must be put to good uses. I hope this book stays in print, as the 2004 publication date only shows it has been a well-spring of knowledge for several decades  of vacant lot repurposing, and is in fact, a bit of a hidden classic. 

Sungu-Eryilmaz, Y., & Greenstein, R. (2004). Recycling the city: The use and reuse of urban land. Lincoln Institute of Land Policy.