Regina road opponents seek injunction against Prince of Wales project

Opponents of a potential road extension in southeast Regina have filed a statement of claim seeking to halt any work on the project.

The documents, obtained by 980 CJME, were filed by law firm MLT Aikins on behalf of Ducks Unlimited Canada and Shirley, Barbara and Doug McKell. They seek an injunction against “any further steps” toward the proposed extension of Prince of Wales Drive.

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The statement of claim argues the city is in breach of a conservation easement agreement that protects the McKell Wascana Conservation Park by proceeding with work on a project that, the plaintiffs say, would infringe on the land.

“The Plaintiffs and the City have been longstanding cooperative partners since conception of the (conservation park) project in 2003,” the notice to the city says. “The Plaintiffs wish to continue this collaborative relationship, however the City’s continued pursuit of development within the conserved lands has harmed and will continue to harm the Plaintiffs and their legal interests.

“This action is therefore necessary to address the City’s failure to abide by and affirm its commitments to conserve and protect the McKell Wascana Conservation Park and the corresponding conservation easements.”

Mayor Chad Bachynski said Thursday that he was not aware of the legal action and had not been briefed on it.

“We’re doing the functional study, and that’s the latest information I have, is going through the functional study and making sure we’re looking at all the factors that we need there,” he said.

Claim alleges city knew road project would infringe on easement in 2012

The city’s webpage to collect public input on the proposal to connect Prince of Wales Drive with Wascana Parkway says it would not infringe on conservation land.

“Route options are being developed to avoid conservation areas and minimize impacts wherever possible. This proposed route is consistent with the City’s historical plans and dates to the 1970s. Discussions with landowners and organizations, like Ducks Unlimited, are ongoing,” it says.

“Any potential planned roadway will ensure the McKell conservation easement is maintained and existing surrounding habitats will be supported.”

But the statement of claim alleges this information is false, citing a 2012 functional planning report by AECOM. It says the report found the conservation park is “in the pathway of any southbound extension of Prince of Wales.”

It also points to a 2022 study of the Arcola Avenue corridor conducted by KGS Group, which said there are alternatives to extending Prince of Wales Drive to address traffic congestion.

“The City has breached express or implied terms of the Conservation Agreement, by pursuing, studying, promoting, and advancing the PoW Extension despite knowing that the PoW Extension would encroach upon, impair, or materially affect the lands protected by the Conservation Agreement,” the claim contends.

The McKell Wascana Conservation Park was created to protect natural prairie land, which was previously used for grazing, from development. (Geoff Smith/980 CJME)

The park was officially dedicated in 2005 by Prince Philip on undeveloped land on the southeastern edge of the city owned by the McKell family. A protected easement was created through a partnership between the city, the McKells and Ducks Unlimited Canada.

The plaintiffs are asking the court to declare that the city has breached the conservation agreement and are seeking an injunction prohibiting any further steps toward the Prince of Wales Drive project.