Bear rescue takes RM to court over quarries

Manitoba’s only black bear rescue is asking the court to quash a pair of quarry approvals in the Rural Municipality of Rockwood, saying the operations will have devastating effects on its operation.

Manitoba Bear Rehabilitation Centre Inc. and its owners have asked the Court of King’s Bench to declare the RM approvals invalid. It also seeks an injunction to prevent extraction at the site, pending the court’s decision.

The application claims the limestone quarry approvals were unlawful and the municipality failed to conduct a fair, transparent, and procedurally adequate decision-making process.

In March, the RM held a public hearing for two quarry applications by Amrize Canada. Hundreds of letters opposing the operations were submitted to the RM and dozens of people attended the meeting to voice their concerns, Black Bear Rescue Manitoba co-owner Judy Stearns said at the time.

Concerns included the compatibility with the area, as well as environmental and noise issues. Stearns told the Free Press the rescue would have to cease operations if the quarries move forward; the noise and vibrations coming from the rock blasting would put stress on the orphaned bear cubs. One of the extraction zones is within a kilometre of the rescue.

The RM voted to approve the quarries on April 8.

The filing said the rescue was not given an opportunity to respond to new information received by councillors, noting Rockwood Coun. Debbie Pansky communicated in writing that “new information came to light after the public hearing, which affected how I voted.”

Black Bear Rescue filed the notice against the RM of Rockwood, the South Interlake Planning District, Amrize Canada Inc., Heidelberg Materials Canada Limited and several landowners whose properties are part of the approved quarry operations.

Earlier this month, a spokesman for Natural Resources Minister Ian Bushie said he would visit the rescue in July and meet with Stearns and Rockwood Reeve Wes Taplin to discuss the plan and related concerns.

The province previously said it was looking into its options to intervene on the approval of the quarries, given the potential impacts on the rescue’s operations.

The rescue takes in injured and orphaned black bear cubs to rehabilitate them, before releasing them back into the wild.

At the time of the approval, Amrize Canada said its quarry plan followed all provincial and municipal requirements, the site’s haul route was intentionally designed to avoid the rescue and it more than doubled the mandatory 400-metre distance from a residence.

No documents responding to the application have yet been filed.

A court hearing for the application is scheduled for June 10.

nicole.buffie@freepress.mb.ca