An Ontario court has thrown out a conservation authority’s definition of wetlands in a decision impactnng Peter Archer of Campbellford who faced charges for cutting down dead ash trees on 10 acres beside his grain elevator business.
His lawyer said the case Peter Archer brought against the Lower Trent Conservation Authority is a significant victory for farmers and their right to be informed about conservation authority land classification and be able to challenge the definition as protected wetlands.
Archer was unaware of the wetland classification until almost completing the clearing of dead trees on his land, a task initiated due to ash borer damage. The conservation authority pursued legal action and in its evidence was a picture of the land taken after days of heavy rains.However,
Justice of the Peace Leona Dombrowsky, a former Ontario agriculture minister, acquitted Archer on all eight charges. The verdict was based on evidence from an agrologist, biologist, and arborist hired by Archer, who concluded that the area could not qualify as a wetland due to extensive drainage.
Jacob Damftra, Archer's lawyer, argued that the conservation authority overstepped its boundaries, intervening in standard farming practices such as soil cultivation. He emphasized that the land had never been officially classified as a wetland and failed to meet the necessary criteria for such a designation.
The decision, hailed as crucial for the agricultural community, clarifies the definitions of "wetland" and "development" in the Conservation Act. It highlights that normal agricultural activities do not constitute illegal development.
