Higgs doubts AIM will win legal fight to resume waterfront scrapyard
Premier says September fire demonstrated 'it's not a safe location' and province will prove that in court
Premier Blaine Higgs says he doesn't believe American Iron & Metal will ever be allowed to operate its scrapyard on the Saint John waterfront again.
He made the comments to reporters in Saint John on Monday, in response to questions about AIM's legal efforts to get the suspension of its approval to operate lifted.
Environment Minister Gary Crossman suspended AIM's approval following a massive fire at the site in September because he was "of the opinion that there was an unauthorized release of contaminants in contravention of Section 17" of the Clean Air Act.
AIM is asking a Court of King's Bench judge to quash the suspension.
Higgs said he's not surprised by AIM's "push back," but he doubts the company will succeed.
"I don't see it operating here in the in the port again," He said. "I just I think that there's enough history here of what we learned, and certainly with that major fire, it's just not an acceptable location for it."
The Sept. 14 fire burned for two days and prompted a city-wide shelter-in-place order because of hazardous smoke.
"The facts are pretty clear, pretty understandable that it's not a safe location, it's not a safe operation and we will prove that in court," Higgs said.
AIM's lawyer Romain Viel declined to comment, because the matter is before the court.
But in documents filed with the Court of King's Bench in Saint John last month, AIM alleges the environment minister acted "arbitrarily and unreasonably," exceeded his jurisdiction and breached his duty of procedural fairness.
The company argues that it should have been given an opportunity to make submissions before the suspension, and that an order with a "narrower scope" would have been sufficient.
None of the allegations have been proven in court.
Even if AIM succeeds in getting the Department of Environment suspension lifted, its salvage dealers licence for the port site on the city's west side remains revoked, Department of Justice and Public Safety spokesperson Allan Dearing has confirmed, and operations remain suspended.
Public Safety Minister Kris Austin revoked AIM's approval under the province's Salvage Dealers Licensing Act on Dec. 29.
Community group to speak about 'risks'
On Wednesday at 4 p.m., Saint John community group Liveable Saint John is scheduled to make a presentation to the City of Saint John's public safety committee on "the risks faced by the community if AIM resumes operations" at the west side scrapyard.
Earlier this month, the group hosted a public meeting to discuss the possible reopening of AIM and to gather input from residents, businesses, and community stakeholders about what the impact would be.
Another meeting is planned for April 11 at 6 p.m. at the Saint John Free Public Library in Market Square, along with a series of online engagement sessions, a survey, and a petition.
The group hopes to produce a set of recommendations, based on public feedback, on how AIM can be better regulated by the Department of the Environment, in the interest of public health and safety, according to a news release.