Conservationists sue City of Regina over proposed Prince of Wales road extension

Conservationists sue City of Regina over proposed Prince of Wales road extension

Lawsuit alleges city's proposed extension would breach a 2005 conservation agreement

Ducks Unlimited Canada (DUC) and the McKell family are suing the City of Regina over a proposed road extension that would connect Wascana Parkway to Prince of Wales Drive.

The statement of claim, filed Aug. 18 in Regina Court of King's Bench, alleges the project would breach a conservation easement protecting the McKell Wascana Conservation Park.

The park covers approximately 171 acres of native prairie and wetlands centred primarily along Wascana Creek on the southeastern edge of Regina.

The Prince of Wales extension would connect Wascana Parkway south of the University of Regina to Prince of Wales Drive, just north of the Wascana Country club. The city has previously said the project is intended to ease traffic congestion on Arcola Avenue.

The lawsuit was filed on behalf of DUC and Shirley, Barbara and Doug McKell.

What is the conservation easement?

The McKell family owns parcels of native prairie and wetland within the Prairie Pothole Region.

According to the statement of claim, between 2003 and 2004, the family began discussions about "reclaiming, restoring and conserving an area of land" within and adjacent to Regina's east end.

That initiative became known as the Wascana East Conservation Project and later the McKell Wascana Conservation Park, formally dedicated by the Duke of Edinburgh in 2005.

The claim alleges the easement prevents most forms of development on the land and that the city would be in direct breach of the easement by proceeding with the proposed Prince of Wales extension.

The lawsuit alleges a functional planning report completed in 2012 found the McKell Wascana Conservation Park was located in the path of any southbound extension of Prince of Wales Drive.

"The City was therefore aware, no later than 2012, that any attempt to proceed with the development of the [Prince of Wales] Extension would breach the conservation agreement between the parties," the statement of claim alleges.

It also points to a 2022 study done by an engineering firm that identified alternatives for addressing transportation congestion without encroaching on the park or the conservation easement that make up a large portion of it.

Those alternatives include expanding the existing Arcola Avenue interchange, widening Arcola Avenue to six lanes and periodically retiming traffic signals, according to the lawsuit.

Statements of claim contain allegations that have not been tested in court.

The city declined to comment while the matter is before the court.

What is the lawsuit asking for?

The statement of claim asks the court to prevent the city from advancing the project.

It also seeks a declaration that the city is bound by the conservation easement and that it has actively breached it.

The city has 20 more days to file a statement of defence or seek an extension of the 30-day deadline to do so.

Aliyah Marko-Omene is a reporter for CBC Saskatchewan. She has previously worked for CBC and Toronto Star in Toronto. You can reach her at aliyah.marko@cbc.ca.