A Federal Court decision has ruled against Ottawa's approval of a massive Canadian National Railway Co. project in the Greater Toronto and Hamilton Area. CN rail trains are shown in Vaughan, Ont., on Monday, June 20, 2022. THE CANADIAN PRESS/Nathan Denette


March 05, 2024

A recent ruling by the Federal Court has overturned Ottawa's approval of a large rail-and-truck hub project in the Greater Toronto Area (GTA). The court determined that the federal government did not adequately consider the potential adverse effects on human health, particularly regarding air quality, posed by Canadian National Railway Co.'s (CN) proposed facility in Milton, Ontario.

The decision nullifies the approval granted by the cabinet in January 2021 and refers the $250-million project back to Ottawa for reassessment. The project, in development for several years, aims to expand CN's existing line and establish a hub for transferring containers between rail cars and trucks in Ontario's Halton Region.

According to the judgment, the facility, operational round the clock, would involve diesel-powered trucks making 800 daily round trips and four trains pulled by diesel locomotives, emitting toxic pollutants.

CN stated it is reviewing the decision, highlighting the hub's importance as critical infrastructure in Canada's busiest area. The company emphasized that federal authorization came after a thorough environmental review, resulting in 325 conditions to safeguard the community and the environment.

CN's chief marketing officer, Doug MacDonald, underscored the project's significance in addressing supply chain issues and enhancing Canada's transportation system, aligning with the government's objectives.

Before the government's approval, an expert panel warned of the project's potential adverse environmental impact on human health, particularly air quality, noted Judge Henry Brown in his ruling. However, neither the cabinet nor the former environment minister, Jonathan Wilkinson, addressed or acknowledged this finding in their decisions, which Brown criticized as inexplicable.

The legal battle involved the federal government and CN Rail against Halton Region, its municipalities, and the Halton Region Conservation Authority. Halton chair Gary Carr expressed satisfaction with the court's decision, emphasizing residents' health and safety concerns were duly recognized.

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