For review- is the full decision on the constitutionality of wind turbines

CaptureFor review- is the full decision on the constitutionality of wind turbines court case in Ont. Divisional Court held in mid November 2014 in London before 3 judges.   Haldimand Wind Concerns, Mothers Against Wind Turbines,  joined 12 other wind groups to become a coalition to request to intervene to support the families opposing the projects.

As shown below , the Coalition in the decision, and Lambton County were accepted as intervenors and the lawyer representing us, Richard Macklin and the lawyer representing Lambton County were each given 15 minutes to explain their points in court and the 15 page factum that our lawyer gave the judges, was read and considered.

The decision, stated: “Two groups brought motions to intervene on these appeals as friends of the court under Rule 13.03(1) of the Rules of Civil Procedure: The Corporation of the County of Lambton and The Coalition Against Industrial Wind Turbines. In addition to filing motion records for leave to intervene, both entities served and filed the factums upon which they intended to rely at the hearing. Although the motions to intervene were opposed by St. Columban Energy LP, K2 Wind Ontario Limited Partnership and SP Armow Wind Ontario LP, at the start of the hearing the panel asked each moving party to succinctly state the distinctive contribution which they could offer on these appeals, which they did. In the result, we grant both moving parties leave to intervene as friends of the Court and we have considered their oral and written submissions.”

Some issues presented by Macklin were: the Director issues wind project approvals without considering health; appeals must be heard and the decision out in 6 months which is a very short time to hear all the evidence on a serious issue; adjournments are sparingly granted (none granted here); the bar is set too high when we have to prove that the project will cause serious harm to human health; the onus is on those appealing that the project will cause serious harm and not the other way around; and community groups do not have the resources for these appeals whereas the opponents are well resourced.

In the decision it also explains what jurisdiction this court had:

 

1.    They could appeal from a decision or order of the Environmental Review Tribunal to this Court on a question of law

 

OR

 

2. They could appeal in writing to the MOE on any matter other than a question of law.

 

So this court’s review was limited to questions of law. 

 

The 4 issues the judges considered were:

FIRST ISSUE: IS THE “HARM” TEST IN SECTIONS 142.1(3) AND 145.2.1(2) OF THE ENVIRONMENTAL PROTECTION ACT CONSTITUTIONALLY VALID?

SECOND ISSUE: DID THE ERTs ERR IN THEIR TREATMENT OF THE “POST-WIND TURBINE WITNESSES?

THIRD ISSUE: DID THE ERTs ERR IN FINDING THAT THEY LACKED THE JURISDICTION TO REVIEW THE DIRECTOR’S DECISIONS ISSUING REAs FOR FAILURE TO COMPLY WITH SECTION 7 OF THE CHARTER?

FOURTH ISSUE: DID THE ERTs FAIL TO FOLLOW THE PRINCIPLES OF FAIRNESS OR NATURAL JUSTICE?

Since the appeals were dismissed, time will tell whether this decision is appealed by the four families.

Meanwhile the gov’t keeps wasting our electricity money on this disastrous Green Energy fiasco. Parker Gallant, a retired banker and energy analyst calculated that on windy Christmas Day 2014 the gov’t wasted about $16 million that day alone:

 

“We paid $500,000 to both Michigan and New York state to take our excess power along with the $56,000 MWh of power we gave them and paid generators $7 million to produce that excess power we exported (nice Christmas presents to our neighbours he said;

paid about $2 million for curtailed wind;

paid close to $3 million for steamed off nuclear power and

more than $3 million to the gas plants for their “net                                        revenue requirement” while they idled.

We can’t include the spillage of hydro because the IESO doesn’t report on it.(but there’s always a difference between what’s available and the output).

Power generated from wind was 51% of the total exports and if curtailed wind was included that would be 77% of the surplus power exported. The average hourly Ont. market price was negative Christmas Day but we still paid the $40 million to produce that power.”

 

It’s criminal what this govt’s energy plan does to us ratepayers especially on a real windy day!

And as if we need more wind power to waste, the gov’t is allowing 300 MW more of wind power to be bid in 2015 in Ontario for new contracts. (about 3 projects the size of NextEra’s project here) Capital Power, Samsung and NextEra are on the “qualified applicant” list for companies interested in developing large projects of solar and wind in Ontario. 19 companies will be competing for new wind projects but there’s a point system in place now and hopefully municipalities that don’t want them or have enough already as our county’s resolution says, won’t get them. We should know in August 2015 which new projects will get contracts. I think I read somewhere that there are still about 20 Ont. wind projects with the original contract price of 13.5 cents/kWh which are yet to be given approval or built.

AND

No matter what these court and ERT cases decide, some people all over the world living near wind turbines are experiencing health symptoms that they never experienced before and when they leave the area their symptoms disappear OR those with pre-existing symptoms such as vertigo, tinnitus, migraines, etc. have their symptoms exacerbated after turbines are operational and the occurrence of their symptoms lessen again when they are away from turbines. 

 

Upcoming in January

: Mothers Against Wind Turbines Inc. appeal of the 4th Haldimand wind project will begin on:

 Monday, January 26, 2015  at Wellandport Community Centre at 10 am .

 

HAPPY NEW YEAR one and all!

 

Betty

 

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