ATV users threaten legal action

By Valerie MacDonald

Wednesday, July 04, 2007 - 09:00

Local News - A group of people opposed to ATVs on Alnwick/Haldimand Township roads has engaged a prominent environmental lawyer who has written the municipality threatening action against it.

"We are advised," writes lawyer David Donnelly in a letter dated June 27, 2007, "the Township has failed to perform its duty in enforcing the Highway Traffic Act (HTA) by allowing the use of off-road vehicles) on public highways running into and through the (Northumberland) Forest, and is now considering enacting an illegal bylaw that would permit such use."

A township committee examining the use of off-road vehicles has made a recommendation that is to be voted on by council this week, township clerk Terry Korotki confirms. Committee member Brenda Free says the recommendation is to allow ATVs on all township roads "with the understanding we can revisit at any time,"

The attorney for the citizens, who identify themselves as "friends" of the forest, environmentalists and township ratepayers, has informed townshipcouncillors if they don't comply with the Act and the Oak Ridges Moraine Conservation Act (with covers much of the township and the forest) the group will apply to the "province and/or the court for relief."

The letter details what it asserts is the HTA and moraine legislation prohibiting off-road vehicles on roadways.

At the same time, the township is examining the off-road-vehicle issue, Northumberland County has established a forest users committee with a broader mandate, which also includes the existing and future use of ATVs and dirt bikes in the forest.

Cobourg Mayor Peter Delanty, the committee chair, said in an interview last week that his committee hasn't specifically examined ATV use yet. There has only been one meeting so far.

But the legal implications of the Oak Ridges Moraine Conservation Act is being looked into, he said. Some take the position that the Act "grandfathers" existing uses, while others interpret the rules as prohibiting some of those same recreational uses.

Mr. Delanty said he was unaware Alnwick/Haldimand Township was examining the issue of allowing off-road vehicles on the township roads.

vmacdonald@northumberlandtoday.com