Zoning challenge of Zibi development on Ottawa River rejected again

Windmill Developmentssays it is free tostart work on Chaudire and Albertislandsonthe Ottawa River after overcoming what it sees as the last legal challenge to its Zibi project.

Architect Douglas Cardinal triedto get a hearing at the Ontario Municipal Board to challenge the City of Ottawa's 2014rezoning of the former industrial site, andwantedtoarguethat the site is sacred to First Nations people.

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• Ottawa committee approves rezoning on sacred aboriginal site

The OMB dismissed that request last November. Cardinal'snext step was to ask for an appealin the courts, but on Thursday thatalso failed when judge CharlesHacklandreleased a decision saying the OMB made no legal mistakes.

"Underlying the Board's decision is the correct premise that it is not the Board's function to adjudicate issues of Aboriginal title, or to declare or recognize the lands in question as a sacred site to the Algonquins, other than in the context of the duty to consult," wrote Hackland.

Soil decontamination first

"Ourzoning is in effect so that's the exciting news,"said Rodney Wilts, a partner in Windmill Developments, which proposes to build an environmentally-conscious community that straddles Ontario and Quebec.

"Now we have full go-ahead to start work on the site."

Wilts considered Cardinal's bid to get an appeal in the courts as the last bighurdle that could slow the company's progress on the islands.

The sales centre has been open for nearly a yearand Wilts said approximately one hundred units have been sold in the first two sets of condominiums one in Ottawa, one in Gatineauit has put on the market.

The zoning on its Gatineau lands was already in effect, but thecompany had beendisclosingto buyers that legal challenges remained on the Ottawa side, said Wilts.

"We were always very confident we were going to get a favourable ruling but actually getting it in our hands was an exciting milestone."

Windmill will start the big job of decontaminating the soil on the former pulp and paper site, and start construction by the fall, he said.

Opposition toZibiprojectcontinues

Douglas Cardinal has threatened in the past to stand in front of bulldozers if it came to that, and after Thursday's decision his lawyer said to expect more opposition to Windmill's plans.

When it comes to the zoning of the site, Michael Swinwoodsaid the "western paradigm" doesn't allow for hearing about the broader context of the site and its history.

"It's not your regular planning issue. There's a valid claim of the sacredness of this territory on behalf of the Algonquins," he said.

While Windmill sees an end to itslegal challenges,Swinwood said he would be speaking with Cardinal about what to do next.

"It's not over," said Swinwood.