The Halton Region, including the Town of Milton, is facing several legal setbacks against the proposed CN intermodal project this month.
As efforts to overturn the approval of the project in south Milton continue, the latest setback came when the Federal Court of Appeal rejected the region’s argument for the Canadian Transportation Agency to re-evaluate the application.
The project received a green light from the transport agency back in November 2021, with certain conditions, following the federal government’s lead.
In a decision issued on July 23, the court determined that there were no legal grounds or procedural unfairness in the agency’s approval — among other considerations.
"Our task is limited to reversing the agency’s decision for legal error or procedural unfairness. Here, we see no legal error and no procedural unfairness," part of the decision reads.
The region had also sought to "seek clarity on the issue of exclusive jurisdiction and the role of municipalities" in protecting the health of residents by filing a leave to appeal application from the judgment of the Ontario Court of Appeal to the Supreme Court of Canada.
However, on July 11, the Supreme Court of Canada dismissed the application, meaning the appeal itself will not be heard by the nation’s top court.
Another potentially significant ruling is still pending.
On July 25, the Federal Court of Appeal held a hearing on the March ruling by the Federal Court, with Justice Henry Brown calling for a reconsideration of the project by the federal government before it can move forward.
CN and the federal government were the parties involved in the appeal.
The issue at hand is CN’s plan to build a 400-acre logistics hub on lands east of Tremaine Road and south of Britannia Road. The intermodal container transfer facility between trucks and rail cars would run 24 hours a day and seven days a week, with 1,600 daily truck trips.
The project has faced resistance from the Town along with other Halton municipalities and Conservation Halton.
Recently, Milton Mayor Gord Krantz reiterated the town’s opposition by calling out the Milton Chamber of Commerce for not taking a stand.
Krantz criticized the Chamber for deferring its decision when the environmental assessment was first released and continuing to do so. He argued that waiting for the outcome of CN’s appeal of the federal court decision ignores the project’s clear health impacts on the community.
"This is not the kind of project our Milton Chamber should support on behalf of its members," Krantz stated in his letter.