WHY DO A ‘CHARTER CHALLENGE’?

FOR THE NEXT FEW MINUTES, THIS IS WHAT I WILL BE DISCUSSING WITH YOU.

THERE IS A SAYING – “IF YOU DON’T KNOW YOUR RIGHTS, YOU DON’T HAVE ANY!”

THE VARIOUS CONSTITUTIONS OF CANADA HAVE BEEN BUILT UPON EACH OTHER.

THE LATEST IS OUR CHARTER OF RIGHTS AND FREEDOMS, WHICH AMENDED THE CONSTITUTION ACT IN 1982.  CLAUSE 1 SETS OUT WHAT IT DOES:

“THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS GUARANTEES THE RIGHTS AND FREEDOMS    SET OUT IN ITSUBJECT ONLY TO SUCH REASONABLE LIMITS  PRESCRIBED BY LAW AS CAN BE         DEMONSTRABLY JUSTIFIED IN A FREE AND DEMOCARTIC SOCIETY.”

OUR LEGAL RIGHTS ARE SET OUT IN CLAUSES  7 – 15; OF THESE, OUR GREATEST PROTECTION IS IN CLAUSE 7:     “EVERYONE HAS THE RIGHT TO LIFE, LIBERTY AND SECURITY OF THE PERSON AND THE                    RIGHT NOT TO BE DEPRIVED THEREOF EXCEPT IN ACCORDANCE WITH THE PRINCIPLES OF      FUNDAMENTAL JUSTICE.”

EVERY WIND ACTION GROUP THAT HAS GONE FORWARD TO APPEAL A RENWABLE ENERGY AGREEMENT (REA) TO AN ENVIRONMENTAL REVIEW TRIBUNAL (ERT) HEARING HAS INCLUDED A CONSTITUTIONAL QUESTION IN ITS APPEAL  — THIS INCLUDES WLGWAG Inc. (twice) AND MAWT Inc.

BOTH HAVE CITED CLAUSE 7 AS HAVE ALL OTHERS.

ENFORCEMENT OF OUR GUARANTEED RIGHTS AND FREEDOMS IS FOUND IN CLAUSE 24 (1):

“ANYONE WHOSE RIGHTS AND FREEDOMS, AS GUARANTEED BY THIS CHARTER, HAVE BEEN           INFRINGED OR DENIED MAY APPLY TO A COURT OF COMPETENT JURISDICTION TO OBTAIN SUCH REMEDY AS THE COURT CONSIDERS APPROPRIATE AND JUST IN THE CIRCUMSTANCES.”

THE APPLICATION OF THE CHARTER HAS 2 INTERESTING CLAUSES, NAMELY

“32. (1) THIS CHARTER APPLIES

(b) TO THE LEGISLATURE  AND GOVERNMENT OF EACH PROVINCE IN RESPECT OF ALL           MATTERS WITHIN THE AUTHORITY OF THE LEGISLATURE OF EACH PROVINCE.

AND    33. (1)  PARLIAMENT OR THE LEGISLATURE OF A PROVINCE MAY EXPRESSLY DECLARE IN AN ACT OF PARLIAMENT OR THE LEGISLATURE, AS THE CASE MAY BE, THAT THE ACT OR A PROVISAION THEREOF SHALL OPERATE NOTWITHSTANDING A PROVISION INCLUDED IN SECTION 2 OR SECTIONS 7 TO 15 OF THIS CHARTER.”

IN ANY EVENT, I AND OTHER MEMBERS OF BOTH WEST LINCOLN ACTION GROUPS’ EXECTIVES HAVE SAID, AS MUCH AS 4 YEARS AGO, THAT THE BEST WAY TO STOP THE PROLIFERATION OF WIND TURBINES IN WEST LINCOLN IS THROUGH A CHARTER CHALLENGE.  DIVISIONAL COURT  UNDER JUSTICE GRACE SAID THAT THE ERT’S HAVE THE JURISDICTION TO HEAR CHARTER CHALLENGES; SOME TRIBUNALS HAVE SAID THEY DON’T.

IN OUR CASE, ERT #2 CONCLUDED:

[139]…”…..THE TRIBUNAL HAS FOUND THAT THE APPELLANT HAS NOT ESTABLISHED THAT OPERATING   THE PROJECT IN ACCORDANCE WITH REA AMENDMENTS WILL CAUSE SERIOUS HARM TO HUMAN         HEALTH OR SERIOUS AND IRREVERSIBLE HARM TO PLANT  LIFE, ANIMAL LIFE OR THE NATURAL      ENVIRONMENT UNDER S. 145.2.1 (4) OF THE ENVIRONMENTAL PROTECTION  ACT (EPA).

[140] ADDITIONALLY, THE TRIBUNAL FINDS THAT THE APPELLANT HAS NOT ESTABLISHED, ON THE FACTS           OF THIS CASE, THAT THE REA AMENDMENTS OR S.142.1 OF THE EPA VIOLATE THE RIGHT TO     SECURITY OF THE PERSON UNDER S. 7 OF THE CHARTER.”

THIS WAS NOT WHAT OUR CONSTITUTIONAL QUESTION ASKED.

FOR YOUR INFORMATION, I AM INCLUDING MY ERT PAPERS ON THIS TOPIC IN YOUR PACKAGE.

IN SUMMARY, THE CONSTITUTIONAL QUESTIONS HAVE NEVER BEEN PROPERLY ANSWERED BY ANY TRIBUNAL, AND ALL “APPELLANTS” ARE FORCED TO USE CLAUSE 24 AND GO TO COURT TO EXCERCIZE OUR LEGAL RIGHTS UNDER CLAUSE 7 TO RECLAIM OUR RIGHT NOT TO BE DEPRIVED OF LIFE, LIBERTY AND SECURITY OF EACH PERSON – THAT MEANS, TO BE SAFE FROM THE CONTAMINANTS EMINATING FROM IWT’S THAT HARM OUR HEALTH (physical, mental, social, psychological, life) DEVALUE OUR PROPERTY VALUES (our Security), AND INFRINGE ON OUR LIBERTY (freedom for quiet enjoyment) OF OUR PROPERTIES AND OUR COMMUNITIES.

AS YOU MAY KNOW, THIS WAS TRIED IN A LONDON DIVISIONAL COURT LAST NOVEMBER OVER 4 DAYS.  MAWT Inc. and WLGWAG Inc. ARE MEMBERS OF THE COALITION BACKING THE APPELLANTS, ALONG WITH LAMBTON COUNTY.  THE CASE WAS LOST, FOR REASONS WE STILL DO NOT UNDERSTAND.  THIS CASE HAS BEEN SENT TO THE COURT OF APPEAL, ASKING FOR A HEARING;  WE EXPECT A FAVOURABLE DECISION BY MID-JUNE.   THE PROPONENTS ASKED FOR COSTS OF $340,000,  WHICH THE COURT CUT DOWN TO $67,000.

THE POSSIBILITY OF SUCH ASSESSMENTS HAS DISCOURAGED MANY WIND GROUPS FROM APPEALING, FROM EXCERCISING THEIR CHARTER RIGHTS TO TRY TO REGAIN DEMOCRATIC RIGHTS AND PLANNING RIGHTS OF RURAL MUNICIPAL COUNCILS. 

I WONDER IF ANYONE ON COUNCIL CAN TELL ME WHO SAID THIS? —

“THE BEST WAY TO TAKE CONTROL OVER A PEOPLE AND CONTROL THEM UTTERLY, IS TO TAKE A LITTLE OF THEIR FREEDOM AT A TIME, TO ERODE RIGHTS BY A THOUSAND TINY AND ALMOST IMPERCEPTIBLE REDUCTIONS.  IN THIS WAY, THE PEOPLE WILL NOT SEE THOSE RIGHTS AND FREEDOMS BEING REMOVED UNTIL PAST THE POINT AT WHICH THESE CHANGES CANNOT BE REVERSED.”                                                           ADOLPH HITLER

HOWEVER, WHEN ONE BELIEVES IN FUNDAMENTAL JUSTICE AND DEMCODRACY, AS WE DO, WE BELIEVE WE MUST GO FORWARD.  WE MUST HAVE OUR CONSTITUTIONAL QUESTIONS ANSWERED IF WE ARE TO HELP OURSELVES AND HELP YOU, AS OUR COUNCILLORS, TO FULFILL YOUR MANDATE “TO PROTECT THE HEALTH AND WELL-BEING OF (YOUR) CITIZENS”.

WHEN OUR QUESTION PITS THE GREEN ENERGY ACT AGAINST OUR CHARTER, AND THE COALITION WINS, WE WILL BRING THAT ANSWER BACK TO OUR SITUATION HERE AND HAVE IT APPLIED TO OUR CASES, TOO.  THESE MONSTERS HAVE TO BE SLAIN ONCE AND FOR ALL TIME HERE AND ACROSS THE PROVINCE.  ULTIMATELY, THAT’S WHERE THE CHARTER CHALLENGE WILL GET US AND WHERE WE NEED TO BE.

THERE IS STILL MUCH WORK TO DO IN OTHER AREAS, AND THAT IS WHY WE ARE ASKING FOR YOUR FINANCIAL BACKING FOR US TO HELP YOU, TO WORK WITH YOU, TO UTILIZE OUR CONTACTS AND OUR PURPOSE IN PROTECTING OUR TOWNSHIP.  INCLUSION OF THE NECESSARY FUNDS IN THE 2015 BUDGET IS OF UTMOST IMPORTANCE NOW.

WE ARE ASKING YOU, AS OUR COUNCILLORS, TO BE LEADERS HERE.  WEST LINCOLN IS SOON TO HAVE THE TALLEST, LARGEST WIND TURBINES IN NORTH AMERICA, AND THE HEALTH EFFECTS ALONE ON OUR PEOPLE WILL BE HUGE.  WE ARE MOST WILLING TO HELP YOU KEEP MORE IWT’S FROM COMING HERE IF YOU CAN HELP US FINANCIALLY NOW.  WE ARE ASKING YOU TO INVEST AT LEAST $7  FOR EACH PERSON IN WEST LINCOLN.  THE COMMUNITY THAT WORKS TOGETHER, WINS TOGETHER, AND THAT IS WHAT THIS STRUGGLE IS ALL ABOUT.

Anne L. Fairfield