Trees Not Embassies: Legal Defense Fund

Fundraising Goals and Matching Bonus for Early Donations

The Mechanicsville Community Association (MCA) needs to raise a total of $40,000 to save Mechanicsville's naturalized park, the Lazy Bay Commons. To protect the Commons, the MCA is opposing the National Captial Commission's appeal to the Ontario Land Tribunal (OLT). If successful, the NCC would create an Embassy Precinct in the Commons, sacrificing over 200 mature trees, foregoing the planting of 100s more, and replacing them with a walled Embassy Precinct.

The first round of fundraising raised $19,530, ($14,005 from GoFundMe, plus $5,000 in matching funds, plus $525 in offline donations), just short of the interim goal of $20,000. These funds financed our defeat of the National Capital Commission's attempt to block the MCA from representing the Community at the OLT hearings as a full Party. Our lawyer, Kristi Ross, presented a strong rebuttal that trashed the NCC's arrogant and undemocratic ploy to deny the Community's voice at the OLT.

It is breathtaking that the NCC, with its annual budget of $225 million, including government subsidies of $137 million, is afraid of the MCA with its typical budget of less than $2,000. Thanks to the many GoFundMe donors who made it possible for us to secure the right to fight another day.

Looking at the bigger picture, the NCC's misguided ploy to deny the MCA access to the OLT as a Party has had two benefits. It has refreshed aging legal precedents from earlier tribunals, thereby reestablishing the rights of Community Associations to fully represent the local people at OLT proceedings. It also led to the active engagement of our MP, Yasir Naqvi. He wrote a very forceful letter to NCC CEO Tobi Nussbaum, calling out the NCC's ploy and, equally important, endorsed moving the proposed Embassy Precinct to Tunney's Pasture and retaining the Lazy Bay Commons as greenspace.

The OLT has set May 2, 2023, as the start date for a five-day hearing. But we expect, before then, there to be active attempts to find a negotiated resolution among the parties. Potentially a formal mediator could be appointed. In consequence, we have to be ready as soon as possible. We have hired John Andrew, a retired Queens School of Urban and Regional Planning professor, as our expert planner. Kristi, or lawyer, is fully onboard.

We must raise another $20,000 to pay for their expert services. Please donate now to fight for a treed Lazy Bay Commons, to eliminate the security risks that come with an Embassy Precinct, to require proper cleanup of the NCC's soil contamination, and to set a precedent for other Communities facing NCC bulldozers.

BACKGROUND

Phase 1 City of Ottawa Amends & Rejects NCC's Embassy Precinct Rezoning Application

The National Capital Commission (NCC) is seeking to rezone a substantial majority of Mechanicsville’s 3.7-hectare naturalised grassland park known as the Lazy Bay Commons. If approved, this will lead to the loss of over 220 mature trees and forego the planting of 100s more trees, all to create a walled embassy precinct with extensive surface parking for the exclusive use of foreign diplomats. Over 100 citizens and the Mechanicsville Community Association (MCA) opposed the rezoning at the City Planning Committee and at City Council.

Critical financial support for the MCA was provided through the first GoFundMe project. 100% of these funds are dedicated to the MCA’s legal costs. A heartfelt thanks to these donors who enabled the MCA to effectively present the arguments, which led the Planning Committee and City Council to approve many positive amendments to the NCC’s proposal. Then in a surprise move, the City Council rejected the entire amended proposal in what appeared to be an effort to gain leverage with the NCC on another project.

Phase 2: NCC Appeal to the Ontario Land Tribunal

The NCC appealed the City’s decision to the quasi-judicial Ontario Land Tribunal (OLT), seeking approval of the NCC's proposal and ignoring the Planning Committee and City amendments. There is no assurance the City's lawyers will defend the important amendments. Losing the amendments would be a major setback for the preservation of the treed greenspace, the community's well-being and security. The OLT's procedures effectively require legal representation and expert witnesses, placing a significant financial burden on the MCA as it seeks to represent the public interest.

Phase 2 Trees Not Embassies: Legal Defense Fundraising Appeal.

In presentations to the OLT and likely settlement negotiations, the MCA will continue to focus on maximizing treed greenspace with ample public access, community security, and safe remediation of contamination created when Mechanicsville's expropriated land was bulldozed, and the Ottawa River’s Lazy Bay was filled in with contaminated soil to build the Sir John A MacDonald Parkway and the parkland we are trying to save.

To be effective at the OLT and in backroom settlement negotiations, we anticipate costs of $20,000 for the initial steps of the OLT hearing process, including the case preparation, recruiting and retention of an expert witness, and the Case Management Conference scheduled for September 1. Another $20,000 may be needed if there is a formal hearing, perhaps in a year.

This case can be precedent setting by holding the NCC accountable for:

- preserving trees and maximizing green space in densely populated urban communities,

- safely rehabilitating contaminated NCC land without jeopardising the Ottawa River and the LeMieux Island’s water treatment facility, and

- protecting the local community from potential security threats accompanying an embassy precinct.

The MCA is the only group that can be relied on to speak to both Mechanicsville’s needs and the broader public interest. Let’s show the NCC they cannot defeat a working-class community simply by dragging out and escalating legal processes. Please donate now to defend Mechanicsville and create precedents for future communities facing the NCC’s bulldozers!