Saint John residents group seeks to intervene in AIM's bid to quash suspension

A group of Saint John residents is seeking intervenor status in American Iron & Metal's request for a judicial review of the environment minister's decision to suspend its approval to operate after the massive fire at the company's waterfront scrapyard last fall.

Lawyers for the Saint John Community Coalition, the newly incorporated grassroots group previously known as Liveable Saint John, which advocates for the scrapyard to be permanently shut down or for more stringent regulations, have filed a notice of motion with the Court of King's Bench.

Under the Rules of Court of New Brunswick, a member of the public or organization may be granted intervenor status if they have an interest in a matter being litigated or if they could be adversely affected by the court's decision.

Prior to the minister's decision to suspend AIM's approval to operate, the coalition's directors and volunteer members "suffered adverse impacts to their physical and mental health, properties, and daily activities as a result of the day-to-day operation of the AIM scrapyard, and as a result of the September 2023 fire," Halifax-based lawyers Sarah McDonald and Bronwyn Roe, with the Canadian environmental law charity Ecojustice, argue in the court documents.

They contend the coalition has both a direct and indirect interest in AIM's application for judicial review as it may determine whether the AIM scrapyard resumes operations, and if so, under what conditions.

The coalition may also be adversely affected by a judgment in the matter, they say.

In addition, the lawyers argue the coalition's participation will not "unduly delay or prejudice the determination of the rights of the other parties" — "and indeed will promote the just determination of the issues before the court."

Could set precedent

"We think it's a pretty strong case and, you know, we hope the court sees it that way as well," said McDonald, whose law group represents citizens, environmental organizations, and First Nations free of charge in cases it believes will develop environmental law and secure increased protections for the environment and communities.

If successful, the Saint John Community Coalition case could be precedent-setting, she said.

Sarah McDonald, a lawyer with Ecojustice, said she agreed to take on the Saint John Community Coalition's case because she felt the issues members were facing with respect to American Iron & Metal were 'serious and compelling and important.' (Submitted by Sarah McDonald)

"I'm not aware of a similar case like this in New Brunswick," where a community group has sought intervener status in environmental legal proceedings.

Romain Viel, a lawyer representing AIM, declined to comment.

A hearing date has not yet been set.

AIM wants judge to quash suspension

The Sept. 14 fire at AIM's west side scrapyard burned for two days and prompted a city-wide shelter-in-place order because of hazardous smoke.

On Sept. 19, Environment Minister Gary Crossman suspended AIM's approval to operate because he was "of the opinion that there was an unauthorized release of contaminants in contravention of Section 17" of the Clean Air Act.

On Dec. 29, Public Safety Minister Kris Austin also revoked AIM's salvage dealer licence, based on the joint provincial-Port Saint John task force investigation, which concluded future fires at the scrapyard are likely, and that a "catastrophic" fire could happen again.

Operations remain suspended.

American Iron & Metal wants a judge to quash the suspension on its approval to operate. In documents filed with the court in February, the company alleges the environment minister acted "arbitrarily and unreasonably," exceeded his jurisdiction and breached his duty of procedural fairness.

AIM contends 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 to satisfy the objectives of the act.

The company is also taking the province to court over its salvage dealer licence being revoked. It argues Austin's decision to revoke for an indefinite period was "unreasonable," that he exceeded his jurisdiction and breached his duty of procedural fairness by failing to consider AIM's submissions on why a revocation was "unnecessary."

'Important to step up'

The Saint John Community Coalition "felt it was pretty important to step up" on the approval to operate issue "and do anything we can," said Raven Blue, one of the directors.

He founded Liveable Saint John in 2017 to provide a forum for community discussion about issues arising from the AIM scrapyard, and to advocate for improvements that would safeguard the health and safety of the local community.

"I think that our role is the same in this case — that we want to make sure that the voice of residents is being heard.

"And we have collected a lot of data over the years. So we feel that we have a lot of information that would be valuable to the case."

Raven Blue, founder of Liveable Saint John, said the case represents a cultural shift. 'We're not known as a province that wants to speak up against industry, even when it's causing significant harm.' (Submitted by Raven Blue)

Blue, one of three members who have submitted written affidavits in support of the intervenor motion, said he has been affected by AIM operations for more than 10 years, starting as a homeowner on the west side, when he filed a noise complaint with police over what he later learned was a ship being loaded with scrap metal.

Blue later moved to the uptown area, but said noise continued to be a problem, along with dust.

The Sept. 14 fire "was scary," he said. He walked to work before the shelter-in-place order was issued. "So I was breathing all of this stuff."

It was also stressful not knowing what the outcome of the firefighting efforts would be, and whether he should stay at work or go home, he said.

The affidavits "provide a good window" into the "devastating" impacts residents who live within a kilometre of the scrapyard have experienced for the past 13 years, since AIM started operating its shredder, said McDonald, citing noise, sleep disruption and air pollution as examples.

"I think that really speaks to why the community needs to have a voice in this litigation and needs to be meaningfully heard when it comes to their view of whether or not this operation is appropriate for a densely populated area like Saint John."