- Hub staff

The Town of South Bruce Peninsula has lost its appeal of two convictions under Ontario's Endangered Species Act for damaging piping plover habitat with beach grooming.

The charges were laid in 2018, for two incidents in spring and fall of 2017. In December 2019, the Town was sentenced to a $100,000 fine, to be paid to Birds Canada, and appealed both the decision and sentence.

Justice Julia Morneau heard the case in November, and rendered her decision Monday, dismissing appeals on both charges.

To date, according to public records, the Town appears to have accumulated over $800,000 in legal expenses on the Plover file. They were represented by Lax O’Sullivan Lisus Gottlieb (LOLG).

TSBP mayor, Janice Jackson, responded to the decision on Facebook Tuesday morning: "The decision on our Plover appeal came down yesterday. Justice Morneau upheld the JP's decision that the Town contravened the Endangered Species Act however she overruled the JP on two very critical points. Justice Morneau ruled that the entire south end of the beach is NOT plover habitat and any place Willow bushes exist is also NOT Plover habitat. This very important ruling is a relief as she confirmed our duty to maintain Sauble Beach, which we can resume. Removing the Willow Bushes is what started this entire debacle. "