The latest decision in the piping plover court battle at Sauble Beach may take a few months before it is provided.
Ontario Court of Appeal Judges heard arguments last week in the latest appeal and have reserved their decision regarding the Town of South Bruce Peninsula’s appeal of its convictions in October 2019 over beach raking that occurred in 2017.
Plovers are migratory shorebirds that nest on Sauble Beach and are listed as endangered under the Ontario Species at Risk List. They used to nest on the beach, but stopped appearing for about 30 years, then returned every season since 2007.
The Town was charged by the Ministry of Natural Resources and Forestry (MNRF) because it mechanically raked the beach in April of 2017 before the plovers arrived for the season. It also graded the beach with large machinery after the plovers had left at the end of that season. The Town argued it had shared its beach maintenance plans with the ministry and heard no objection about it from the ministry, but the MNRF said the work exceeded what had been proposed and had damaged plover habitat.
The Town was fined $50,000 for each of those two convictions of damaging piping plover habitat, with the money to be paid to Birds Canada.
This is the second appeal the Town has filed over those convictions. One appeal was dismissed by Ontario Court Justice of the Peace J. Morneau.
The Town argued the Appeal Judge in 2021 and the Justice of the Peace before that in 2019, erred in their interpretation what constitutes damage to a species habitat. The Town also argues the appeal judge erred in applying the test governing the admissibility of expert evidence.
The Town was granted leave for the current appeal by Justice J.A. Miller back in May of 2021.
It’s not clear when the latest decision will be released.