A Hamilton city council committee has decided to punish opponents of the Red Hill Creek Expressway. The Public Works, Infrastructure and Environment committee adopted a resolution on Monday "that the City commence a Court Action against all identifiable individuals who, during the summer of 2004, participated in activities in contravention of the City's Injunction Order, seeking to have them held in contempt of Court."

The city obtained an injunction in September 2003 to prevent anyone from entering a zone several kilometres in length and several hundred metres wide in the Red Hill Valley. In includes parts of a heavily-travelled road that crosses the Niagara Escarpment.

The resolution was debated in secret and appears to have been recommended by outside lawyer David Estrin who attended the in camera meeting. It will be presented for ratification at the next meeting of Hamilton City Council on Wednesday evening, November 24. Estrin is a partner in the firm of Gowlings Lafleur Henderson.

Hundreds of people could face prosecution if the decision is approved. Likely targets are four individuals who participated in a peaceful 105-day tree-sit that ended in early September. Over 200 people participated in a literary festival in support of the tree-sitters last summer and were video-taped by police and security officials. Individuals who continue to utilize the walking trails in the area on weekends may also be at risk of charges.

The expressway issue has deeply divided Hamilton for decades. It was identified as the main issue in last fall's mayoralty elections which were won by the chair of the expressway implementation committee. However, the leading anti-expressway candidate took more than 40% of the votes.

In July of 2003, the city drew widespread criticism when it issued a letter to about 30 individuals threatening to sue them and seize their homes if they interfered with the construction of the expressway. That letter was signed by the acting city solicitor, but she later admitted it had actually been written by Gowlings lawyers.

That law firm was originally engaged by Hamilton to stop a federal environmental assessment of the controversial expressway. In accomplishing that task, Gowlings billed the city about $3.5 million. Since the conclusion of that case, they have collected an additional $1 million for Red Hill related actions.

• Resolution adopted by Public Works, Infrastructure and Environment Committee of City Council Monday, November 15, 2004