Opening Statements 1
First & Foremost: The Interzone, proposed site of the Astral Waste Renewal Project, is on the traditional and unceded territory of xwməθkwəy̓ əm, Skwxwú7mesh and səlilwətaʔɬ. We acknowledge the land and waters as living as we do.
A. We, the ‘Habitants,’ seek to have the ‘In-Season Notice to End Habitation’ set aside under section 68 (2) (b) of the Intertidal Habitation Act by the Municipal Arbitrator to maintain our residency at Delta Subdivision West (designated ‘Interzone’) which currently provides necessary stable and affordable housing to us, the Habitants. On a balance of probabilities, Enera Redevelopment (the ‘Company’), acting on behalf of the Astral Waste Renewal Project, (the ‘Project’), has issued this notice to evict all residents for a stated cause (B) that does not accurately represent the current reality in the Interzone, nor the dubious legal status of the Project itself.
B. The cause for eviction is stated to be the “environmental instability of the region” upon which the Interzone is built and the danger this poses to the Habitants and other Company property. Enera Redevelopment proposes that “clearing the land for redevelopment is forward progress that carries with it the best interests of the habitants, the environment and the Company.”
C. We, the Habitants, have prepared evidence (G) that justifies our continued residency in the Interzone, demonstrating that the ‘environmental instability of the region’ does not constitute grounds for eviction. This evidence supports our request for a designation of the Interzone as a Municipal Heritage Area to protect its tidewater ecosystems against future redevelopment (see Intertidal Bylaw No. 4387).
D. The Project’s Redevelopment Permit (G.3) and proposed Resettlement Plan (G.5.a) evince a clear ulterior motive for the In-Season Notice to End Habitation, a direct violation of the Intertidal Habitation Act, section 49.2 (1) which requires Property Managers to act “in good faith” when moving to end extant habitation of a proposed redevelopment site. This stands to reason that the notice is part of an ongoing attempt to vacate the property to the convenience of Enera Redevelopment’s Astral Waste Renewal Project rather than out of any meaningful concern for the ecological interests of the region or the human interests of its Habitants.
E. Furthermore, the Ecological Impact Assessment (G.2) indicates that the Property Managers have had knowledge of the “instability of the region” for a full two years prior to the issuance of aforementioned In-Season Notice. In failing to act on this information until now, Enera Redevelopment have acquiesced on their claim to “the best interests” of the region or its habitants, who now appeal to the Municipal Arbitrator to estop this eviction notice.
F. Finally, this eviction notice, although appearing to be served in good faith as aforementioned, is served amidst ongoing negotiations between the Habitants and Enera Redevelopment towards a mutual agreement to end residency at Delta Subdivision West so that redevelopment may proceed. Given the Project’s permit applications remain under review by the Committee of Municipal Planning, we argue that the In-Season Notice is an attempt to shortcut negotiations as well as the legal permitting process. This strategy aims to avoid the requisite Ecological Impact Assessment and Informed Consent processes, both of which would find the Astral Waste Renewal Project unviable as currently proposed.
G. The evidence included is indexed under the five following headings, with detailed below:
- The Intertidal Habitation Act
a.) The initial Intertidal Habitation Act signed by both the Habitants of Delta Subdivision West and the Property Managers (on behalf of the Astral Waste Renewal Project) upon sale of the land to the Enera Redevelopment by the Municipal Port Authority.
b.) Highlighted section 68 (2) (b) states grounds upon which the Municipal Arbitrator may set this In-Season Notice to End Habitation aside.
c.) Highlighted section 49.2 (1) states that Property Managers must act “in good faith” when seeking to end extant habitation of a proposed redevelopment site. - Preliminary Ecological Impact Assessment of Delta Subdivision West
a.) Conducted at the time of the land sale, assessment of the Interzone and outlying regions raised major concerns over the viability of the future redevelopment. In the two years since this assessment, Enera Redevelopment has taken only nominal steps towards addressing urgent recommendations (see G.3 Redevelopment Permit Application). - Current Redevelopment Permit Application
a.) The submitted application for a Municipal Redevelopment Permit, required to issue an ‘Out-of-Season Order to End Habitation.’ Note that the current review period for Redevelopment Permits is between 8-12 months.
b.) This permit application reveals willful ignorance of the recommendations provided in the Preliminary Ecological Impact Assessment (G.2) and is evidence of clear violations of the Intertidal Habitation Act section 49.2 (1) that requires Property Managers to act ‘in good faith’ when acting to end extant habitation of a proposed redevelopment site. - Mutual Agreement Negotiations
a.) Documented correspondence between █████, on behalf of the Habitants, and Property Manager █████, contextualizes the eviction notice amidst negotiations towards a mutual agreement to end residency at the Interzone. - In-Season Notice to End Habitation for Cause
a.) The disputed eviction notice, along with the addendum: ‘Resettlement Plan.’ This addendum, which outlines the company’s assertion that the region upon which the Interzone is built is ‘unfit for human habitation’ and proposes that all current occupants be relocated ‘at no expense’ to affordable housing in the Municipal Downtown, plainly contradicts Enera Redevelopment’s assertion that the Interzone is a viable site for the proposed Astral Waste Renewal Project.
H. Based on the evidence presented today, on a balance of probabilities, we the Habitants appeal to the Municipal Arbitrator to rule that Enera Redevelopment does not have a legitimate cause to issue an In-Season Notice to End Habitation. The contradictory claims made by the Company that Delta Subdivision West is simultaneously ‘unfit for human habitation’ and a viable site for redevelopment are contradictory and irreconcilable.
I. Further, the circumstances preceding the issuance of the In-Season Notice, namely the prior existence of the Preliminary Ecological Impact Assessment (G.2) and the documented correspondence of negotiations towards a mutual agreement to end residency (G.4), imply a clear ulterior motive for Enera Redevelopment to issue the eviction notice. This is in direct violation of the Intertidal Habitation Act and constitutes sufficient grounds for not only this eviction notice to be set aside, but for the legality of the redevelopment project itself to be called into question.
J. We, the Habitants, wish also to make it understood that the presumed “instability of the region” is a negative internality resulting from projects such as Astral Waste Renewal — and indeed the entire Municipal Redevelopment Program — which aims to interject economic interests into cycles of natural rehabilitation.
K. The ‘Habitants’ of the Interzone live among seasonally fluctuating tides of instability and uncertainty as water levels rise. In refusing the terms of this In-Season Notice to End Habitation, we assert our livelihoods against the Company and its Project, who intend in bad faith to clear the land and waters of the Interzone so that business may continue as usual. In defiance of this incessant regime of redevelopment, may our lives stand as a testament to the continued viability of the alternative.
L. In Conclusion, we ask the Municipal Arbitrator to reject the In-Season Notice and order Enera Redevelopment to reimburse █████ in full for all legal fees and bureaucratic expenses relating to this dispute (receipts appended) on a balance of probabilities that the stated cause for eviction does not constitute legitimate grounds to end habitation.
>>>
Notes: