Fortunately, the government of Canada has recently announced it will cover the court costs for of past Federal Ministers Sheila Copps and David Anderson and the other federal civil servants being sued for 75 million by the City of Hamilton. Sheila and David and others have stated they will vigorously fight against the city of Hamilton's lawsuit. The city says these people were wilfully blind to the risks of causing harm to Hamilton. The City is flat wrong. These fine people where trying to open the minds of others not closing their own to the risks related to the Red Hill Valley Expressway Project and how those risks might harm the Hamilton community.
In the second related case the city is suing 7 young eco-heroes for staging a tree-sitting demonstration. If they wish to plead guilty they will have that opportunity in July. If not they will appear in court in August.
This tragedy needs wider media attention. I therefore offer the following 2 Odes as socially-engaged poetry to poetically summarize and to hopefully encourage the wider media to take an interest in these important stories.
No 1
Ode to Sheila, David, Herb, Christine and 64 other federal civil servants.
By Bob Hicks
If you are looking for people who have been reckless and wilfully blind
It would certainly not be these well-meaning people who should come to your mind
They simply tried to ensure the right decisions would be made
They simply wanted to serve the citizens by whom they are paid
They simply tried to do what an act of parliament intended and surely meant
They simply wanted to subject an expressway to an appropriate environmental assessment
What was at the heart of the matter that needed more time and the extended duration
Was significant adverse environmental impacts of an expressway and the mitigation
The process was intended to avoid or minimize adverse effects before they occur
And the caution was justified since it was cleary important to be both thorough and sure
So with diligence and good faith these people did what they felt was right
Even though the City of Hamilton would put up one hell of a fight
Protecting our fragile environment while building a strong economy was their major concern
But for their efforts one day they would surprisingly, shockingly and alarmingly learn
The City of Hamilton would accuse them of a recklessness that was skilful
The City of Hamilton would launch a lawsuit against them for a blindness they said was wilful
The City of Hamilton made extraordinary accusations in aggressive attempts to fill its coffers
The City of Hamilton decided to seek a pound of flesh then sit back and wait for offers
There is $450,000 in the lawsuit budget for the city to spend
But before this case is over they may need to multiply that by ten
When governments sue governments, all taxpayers lose
But when governments sue citizens for caring it causes a major societal bruise
And when they sue it discourages those efforts that they say they wish to encourage
And encourage even more lawsuits to further intimidate and discourage
So this lawsuit is an unprecedented assault on Canadian environmental law
It should be a wake-up call for all citizens and it may be for some the last straw
A desired out-of-court settlement is already what the city has sought
But this lawsuit should be, and hopefully will, be very vigorously fought
If not the Canadian Environmental Assessment Act will collect dust on the shelf
And future of environmental enforcement effort will further suppress and suffocate itself
So if you are looking for people who have been reckless and wilfully blind
It likely certainly will not be these federal employees who will come your mind
Perhaps it was Hamilton's deflection and lack of reflection that was wrong from the start
Perhaps a little more time taken would have been the prudent thing and the most smart
Perhaps conserving and enhancing environmental quality should have been the cities aim
To prove to people that Vision 2020 and sustainable development is not just a game
But even if the City of Hamilton's case appears very weak
Suing these civil servants for the $75 million they seek
Could end with the City getting their completely unjustified way
Without the people of Canada having the opportunity to have much say
If that happen perhaps it will be the City of Hamilton that will come to your mind
When you wonder who is truly guilty of being reckless and wilfully blind
No 2
Ode to Hamilton's Tree Sitting Heroes
By Bob Hicks
With courage and faith and willing heart
They stepped forward bravely to do their part
They tried to save a 14th century native village and protect native rights
They tried to prevent damage to at least 11 archaeological sites
They tried to save sixteen hundred acres of environmentally significant area
They tried to bring more attention to the communities escalating hysteria
With courage and faith and willing heart
They stepped forward bravely to do their part
They tried for all the birds and animals to save their migration corridor
They tried for all the endangered species that needed their habitat more
They tried for all the creatures and a demonstration they did stage
They tried for all the creatures knowing some people would react with rage
With courage and faith and willing heart
They stepped forward bravely to do their part
They knew citizens with breathing problems need the air to be clear
They knew the expressway would bring another one million trucks a year
They knew the expressway would double the amount of bad air days
They knew efforts to express their concerns required bold new ways
With courage and faith and willing heart
They stepped forward bravely to do their part
The deed was what these eco heroes made
It mattered not how long they stayed
For they became heroes from the very start
When in life's journey they stepped forward to do their part
With courage and faith they showed willing heart
With courage and faith they bravely did their part
With courage and faith they sat high and alone
With courage and faith they sat adjacent to the construction blast zone
With courage and faith they sat fifty feet above the ground
With courage and faith they sat and waited for that awful sound
Through bright blue skies and tree leaf greens
They surveyed what they steadfastly envisioned pristine
They were tired but they remained brave and they remained bold
Then for their safety they were told
Come down now we give you warning
Blasting of the earth will start in the morning
For the safety of the Tree Sitters all said they did care
But rocks the size of footballs did fly through the air
Fifteen meters deep and eighty meters wide
The City of Hamilton would take a huge chunk out of the Niagara Escarpment’s hide
Even though it is a World Biosphere Reserve
They proceeded with regrettable unforgettable unshakeable nerve
The Tree Sitter's heroism did not stop or slow down construction
From up high they could only look down on destruction
They are true Eco Heroes they did not do this for fun
They did it to save the environment for East Hamilton
They became true eco heroes to thousands and certainly to me
But unfortunately not to everyone in our society
Although the delicate ecosystem that existed in the Red Hill Valley soon will be gone
The efforts of thousands of concerned citizens must remain forever strong
Like those brave Tree Sitting Heroes we must continue to care
We must continue to fight for the environment and for clean water and air
A big thanks goes out to everyone who supported them and felt their cries
These Heroes will be remembered by all of us the rest of our lives.
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Dave Ruston
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Dave Ruston