Wasaga Beach responds to beach raking error, legal action on Piping Plover protection

As Wasaga Beach’s beachfront redevelopment progresses, concerns continue to grow around the Town’s ability to protect the endangered Piping Plover, sparking legal action.

As recently as this past Tuesday, the Town admitted to an operational mistake.

Though declining to be interviewed, the Town accepted fault in a Tuesday public media release regarding a small area near Spruce Street at Beach Area 1 being mechanically groomed ‘in error’ last week.

The Town confirmed that the incident was ‘flagged’ and ‘stopped,’ continuing by saying the raking did not meet its standard for care in what was deemed a ‘sensitive’ area.

The mishap is being jumped on by environmental groups when it comes to protecting the Piping Plover, after beachfront lands were transferred from the province to the town to help accelerate redevelopment.

• Town responds to environmental concerns from Wasaga Beach land transfer
• Wasaga Beach collaborating with Birds Canada to protect endangered Piping Plovers

“There’s under ten pairs of Piping Plovers that have been documented in the last year breeding in the province during the spring season,” stated Colleen Reilly, Ontario Field Ornithologists Secretary.

The concerns have escalated into legal action against the Town and the federal Minister of the Environment and Climate Change, calling for protections to be put back in place.

“Even if the Town were well-intentioned here, what law is there for them to enforce to protect the Plover? What law is there against destroying the Piping Plover habitat?” questioned Phil Pothen, environmental defence counsel and program manager.

Ecojustice Canada is representing Environmental Defence and Ontario Nature in the lawsuit and claims that the town has not taken enough action.

“That’s really making the case for an emergency order for our clients,” said Keegan Pepper-Smith, Ecojustice Canada Managing Lawyer, of the town admitting last week’s raking mistake. “We haven’t seen anything that makes that on-the-ground difference that the birds need.”

Town staff say Wasaga Beach Mayor Brian Smith was not available for interviews on Wednesday to address the claims in the emergency order.

A spoksperson for the Town told CTV News its beach management practices will remain consistent with established protocols, ensuring continuity and care during this transition.

‘Friends of Piping Plovers,’ a small social media group of Wasaga Beach residents, says Plover survival is higher when communities are involved and invested.

Its creator told CTV News that they support protection through community conservation and engagement, but do not support legal action against the Town.

In the short term, the EcoJusice team is seeking an interim injunction, which they say would prevent anything from happening to the Piping Plover habitat until the legal proceedings play out.

Those timeframes and the effect on the continued beachfront construction remain to be determined.