🎧 LISTEN: “Blueberry Creek – More Than a Forest School”
EDITOR’S NOTE: This is the final instalment in a three-part series on Blueberry Creek Nature Centre. While previous parts explored the centre’s operations and the families who rely on it, this story examines the broader pattern of legal, political and administrative pressure behind Tay Valley Township’s current lawsuit.
LAURIE WEIR
PERTH — Blueberry Creek Nature Centre is facing a lawsuit from Tay Valley Township over its short-term rental. The case hinges on a fourth bedroom inside a restored farmhouse, which township officials say reclassifies guest accommodations and makes them illegal in a floodplain.
The court date is July 11, 2025.
One of the many upgrades to the property was a new bridge over Blueberry Creek. Laurie Weir photo.
Co-founder Robyn Mulcahy said the current dispute is only the latest chapter in a years-long pattern of conflict, pointing to shifting bylaws, blocked records, outside legal advice and expensive planning disputes. “The (B&B) lawsuit might be what people are noticing now,” Mulcahy said. “But the truth is, this started years ago. We’ve been fighting to exist.”
Blueberry Creek is a not-for-profit, nature-based private education program west of Perth. Since 2017, it has served over 340 children aged four to 12 through Reggio-inspired programming. Mulcahy said she has invested over $300,000 in site upgrades, including a new septic system, replacement windows and roof. A new bridge over Blueberry Creek was completed in spring 2024 at a cost of $130,000.
Laurie Weir photo.
Zoning amendments and planning conflict
Although the forest centre is legally incorporated as a Community Service, a permitted use under the township’s zoning, Mulcahy said Tay Valley staff have repeatedly attempted to classify it as a school under the Education Act. That designation, she said, would limit operations or render the use non-compliant.
In 2020, a freedom of information request by Mulcahy revealed the township had hired an outside planner to revise the definition of “school.” The consultant’s internal memo explicitly stated the new definition was being written to include Blueberry Creek: “The proposed definition for school has been expanded so that it is clear that it applies to both public and private schools. The Blueberry Creek school would be covered under this definition.”
“This wasn’t just a coincidence,” Mulcahy said. “They rewrote the rule to apply specifically to us.”
She argues the redefinition amounts to retroactive enforcement, applying new standards to an existing, previously approved use.
Floodplain designation and short-term rental impact
The township’s framing of the issue has shifted over time, Mulcahy said, focusing alternately on floodplain use, building classification and more recently, parking requirements. The current claim hinges on zoning definitions of “hotel” and “lodge.” Mulcahy said either could apply technically, but the township has chosen to classify the use as a lodge, which is not permitted in a floodplain.
Glen McDonald, director of planning and regulations at the Rideau Valley Conservation Authority (RVCA), confirmed the floodplain designation was applied to the property in 2010 following public consultation and board approval of updated mapping. Under Ontario Regulation 41/24, which replaced the previous regulation in 2024, any new development in regulated zones requires approval.
A common area inside Blueberry Creek Nature Centre showing the living space and kitchen. Laurie Weir photo.
Mulcahy said she was unaware of the 2010 designation, which was not incorporated into Tay Valley’s zoning bylaw until 2018, more than a year after operations began.
McDonald confirmed that RVCA policy does not distinguish between residential and short-term rental use in floodplain zones. Existing development may continue, and the RVCA does not assess or intervene in bed-and-breakfast operations.
Asked whether the RVCA had raised concerns or conducted an inspection at Blueberry Creek, McDonald replied, “No. There is no regulatory basis for the Conservation Authority to do so.” He said there are no outstanding compliance issues and the RVCA has issued no directives to Tay Valley Township concerning the property.
Closed meetings, political friction and personal cost
Mulcahy said the centre’s regulatory history has taken a toll. Since 2020, she has filed over a dozen freedom of information requests seeking records of communication between the township and RVCA. She said nearly 1,000 pages have been withheld and the township has spent over $66,000 in legal fees to prevent their release. She also tracked the number of in-camera council sessions citing litigation or bylaw enforcement.
“At some point, you have to ask: who is this really serving?” she said. “The children, the taxpayers or the lawyers?”
In 2020, a complaint against Mulcahy’s partner, Lanark—Frontenac MP Scott Reid, alleging conflict of interest due to his public support of the school, was dismissed. Mulcahy said they spent over $40,000 in legal fees defending it.
In a 2019 letter from the township to Mulcahy, the following statement is attributed to then-reeve Brian Campbell: “Council supports the passage of a resolution confirming that the current zoning of the property includes a community use. Council further supports the removal of the words ‘an interpretation that the property is a legal non-conforming school use,’ on the condition that you agree to not pursue any litigation against the Township regarding the interpretation of the use of the property.”
Mulcahy declined to sign the document.
A writing desk overlooks the yard and Blueberry Creek. Laurie Weir photo.
On July 4, 2025, Campbell told Hometown News that while he could not speak to specifics due to in-camera restrictions, he did offer a comment: “All I can say is that I guess there is another issue now than what there was six, seven years ago. Any discussions I had before were in-camera. I’m not free to discuss them now.”
Campbell added that he believes “Tay Valley Township supports those types of learning environments,” but admitted he doesn’t understand the current situation. “If you look at the comments on Facebook, people are outraged and there is no need for it.”
Former councillor speaks to safety concerns
Jennifer Dickson, a councillor alongside Campbell, said she supports the educational model at Blueberry Creek but believes the location poses safety risks.
“The program itself is fantastic,” she said, “But I’d like to see it operate from a safer site.”
Dickson cited her own ongoing involvement with local climate change committees and expressed concern about microbursts, flooding and the dangerous entrance off Highway 7.
“We were worried sick about the safety of the children and guests accessing that site,” she said. “If a child or visitor were hurt, or worse, the liability would fall on the township.”
Dickson also said the bridge previously failed to meet safety standards during floods and may still fall short.
The RVCA confirmed the bridge was raised and completed in spring 2024, and that the site now complies with regulatory requirements. Still, Dickson believes the location remains problematic with “not ideal access,” she said.
While she acknowledged concerns about township process, Dickson emphasized she was not opposed to forest schools, only the site’s safety.
We’re not going anywhere
Mulcahy said the centre has trees assessed regularly and trimmed when hazards are identified. Children are brought indoors during adverse weather, including air quality warnings, extreme heat or cold.
“So many times, we’ve had to take the group inside,” she said. “I feel this is why forest school is more important than ever, teaching children to love the land, to find creative solutions for complex problems, and to believe they can make a difference.”
Despite the setbacks, she said she intends to keep the centre open and will continue fighting the lawsuit with support from the board, staff and families.
“What we offer is more than education,” Mulcahy said. “It’s a connection to land, to self and to each other. And we’re not going anywhere.”
UP NEXT:
In an opinion piece, Laurie Weir reflects on the broader implications of the Blueberry Creek dispute, arguing that forest schools deserve support and growth — not shutdowns.
CATCH UP:
Part 1: Court date looms for Blueberry Creek Nature Centre in Tay Valley Township near Perth
Part 2: ‘I belong here’: Families defend Blueberry Creek Nature Centre amid legal feud
