Construction is proceeding on a Kelvington hog barn after the provincial environment department lost its legal attempt to stop the project.
Court of Queen’s Bench justice Ronald Barclay said it wouldn’t be fair to stop Kelvington Super Swine’s $12 million project after the same department had given original construction approval.
The department sought an injunction after a Saskatoon court ruled in October that the project fit the definition of a development under the Environmental Assessment Act. Under that act, developments must go through an environmental impact process.
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Until then, the government regulated the project as a farm, a designation that has similar rules, except a formal environmental assessment is not needed.
Environment minister Lorne Scott said he did not plan to appeal Barclay’s decision.
“We will abide with it as we did with the previous decision,” Scott said. “Bylaw 8.1 of the Environmental Assessment Act says that construction cannot occur during an environmental assessment so we were basically doing what we had to do. We followed the laws. We are continuing with the environmental assessment.”
Agriculture minister Eric Upshall said there is no conflict between his department, which is promoting expansion of the hog industry, and Scott’s department.
“(The environment department) had little choice but to apply for an injunction to stop the proceedings as a responsible government action,” Upshall said.
He isn’t concerned about the environmental aspects of this particular project, but he is concerned about how existing legislation might affect future projects. Upshall said Saskatchewan intends to have the best environmental approval system in Canada.
“I think our job in the future is to ensure that there is a degree of security in this province … it’s up to us to develop a process to ensure that security,” he said.
Opposition MLAs said the government mishandled the situation and should have a plan that allows development and also deals with environmental concerns.
“Surely to goodness it doesn’t take that much foresight to realize that pigs stink,” said Liberal MLA Gerard Aldridge.
Saskatchewan Party MLA Bob Bjornerud said the government must be careful or it will lose investment “because it doesn’t have all its ducks in a row.”
Meanwhile, all parties are awaiting Kelvington Super Swine’s appeal of the first decision. The initial court action was launched by a group of Kelvington area citizens concerned about pollution. The appeal is expected be heard Nov. 19.
