The Charter Challenge brought to court by four families opposed to large scale wind projects and supported by the Coalition Against Wind Turbines, in
London, Ontario.
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“I understand it’s not much of a test if you first have to get sick in order to prove it,” Associate Chief Justice Frank Marrocco observed.
Families failed to prove wind turbines harmful, government lawyer argues
Families opposed to the erection of large-scale wind farms near their homes failed to prove the projects would cause any serious harm to their health, an Ontario government lawyer said Tuesday.
In his opening comments, Matthew Horner told a Divisional Court panel that a review tribunal was correct to reject objections to the turbines based on health concerns.
“There’s no indication that the tribunal made a palpable and overriding error,” Horner said late on Day 2 of the hearing.
He also said the tribunal was right to reject the residents’ “novel argument” that the approvals process violates the constitution.
Four families are asking the appellate court to throw out decisions by the Environment Review Tribunal that upheld approvals of three large-scale wind-energy projects. Continue reading “I understand it’s not much of a test if you first have to get sick in order to prove it,” Associate Chief Justice Frank Marrocco observed.
Question – Wind Turbines – November 18 2014
…municipalities would use “common sense”….if they had the planning power.
Day 2 at wind turbine appeal in London
Lawyers for four families battling wind projects in Southwestern Ontario continued their legal arguments this morning in a divisional court in London.
Lawyer Julian Falconer presented evidence from a Health Canada study into the effects of wind turbines before three Superior Court trial judges who are listening to an appeal of a decision of the Environmental Review Tribunal.
But while courts and judges and tribunal and appeals courts hear arguments, families aren’t getting any relief from their health concerns, Falconer said.
“There’s a whole process that takes a year to two years . . . health takes a back seat while the (wind) company goes and remodels. It’s business as usual while the company gets more reports,” he said.
Appeals and approvals of wind turbine projects have so far placed the onus on families to prove the turbines will have a negative effect on their health and the ERT grants turbine approvals even as it says the effects are unclear, Falconer said.
Falconer said there is new evidence that should be considered – a Health Canada study which looked at both self-reported health concerns and measurable health problems like blood pressure and stress-hormone levels in hair, in people who live close to projects in Ontario and Quebec.
“There is far more data than has been available to date,” Falconer said. “We submit that the ERT hearing wasn’t fair in the first place . . . and now we have a reason to hear it again.”
Lawyers for four families will also argue that the ERT decision had serious errors in law.
Also represented at the proceedings are the Ontario environment ministry, which is responsible for regulating Green Energy projects, including wind turbine applications, as well as three companies building or planning to build turbines projects near Goderich, Seaforth and Kincardine.
It’s unlikely the three-judge panel will get to the four defendants’ evidence today
Follow Tweets: Kate Dubinski, The London Free Press Tuesday, November 18, 2014
Take Poll: Poll Do you believe wind turbines affect human health?
Wind turbines like ‘nightmare neighbours’ but law ‘rigged,’ court told
The Canadian Press – Shawn Drennan, part of a four-family fight against Ontario’s wind-turbine legislation, is seen outside court in London, Ont., on Monday, Nov. 17, 2014. THE CANADIAN PRESS/Colin PerkelWind turbines are like new neighbours who might drive you to distraction and out of your home because you have no legal way to deal with the situation, a packed Ontario court heard Monday.
In submissions to Divisional Court, a lawyer for four families fighting large-scale wind-energy projects compared the turbines to a neighbour who is always noisy and in your face.
“This neighbour never once ruptured your eardrums but that neighbour slowly drives you crazy,” Julian Falconer told the court.
“These turbines are those nightmare neighbours.”
The families are trying to get the court to declare provincial legislation related to the approvals of large-scale wind farms unconstitutional.
In essence, they argue, the legislation makes it impossible to scuttle a project on the basis of potential health impacts.
“The priority is to get the turbines up come hell or high water and that’s what they do,” Falconer said.
read more: By Colin Perkel, The Canadian Press | The Canadian Press, Nov 17 2014
Ontario’s wind farm approval process faces constitutional challenge
Governments love windmills, people who live near them hate them. The result is a beautiful recipe for lawyers.
Mr. Falconer is one of the country’s top constitutional and human rights lawyers. He represented the Smith family in a lawsuit into the death of Ashley Smith in custody. He worked on the Ipperwash Inquiry. He represented Maher Arar in a suit against the federal government over his rendition and torture in Syria. The list goes on. Point is, Mr. Falconer takes a special interest in holding government to account.
On Monday he’ll be taking on windmills. He wants Ontario’s Divisional Court to overturn the regulatory approvals of three projects, the St. Columban Wind and K2 Wind Energy project in Huron County, and the SP Armow Wind project near Kincardine, Ont.
His clients, who live near the projects, fear the noise and vibration of the wind turbines will trigger a host of serious health problems. Mr. Falconer will argue in court that Ontario’s process for approving wind farms violates the Charter of Rights and Freedoms. Provincial legislation says anyone challenging a wind farm project before Ontario’s Environmental Review Tribunal must prove “serious harm” to human health. Mr. Falconer says that threshold is unfair because it is too high.
“The effects of wind turbines are felt in the most private and personal areas of residents’ lives, in their homes and beds, where the state has its lowest interest in intrusion,” Mr. Falconer submits in his written argument.
The Charter argument is a fairly new wrinkle in the fight against wind farms. But litigation itself isn’t. When the Divisional Court rules on the appeal, its decision will join the more than 30 Canadian reported court cases that have dealt with wind turbines — a number that shoots to nearly 100 when you include hearings before Canadian regulatory tribunals.
Read MORE: Financial Post, Drew Hasselback | November 17, 2014 |
Wind turbines are like the “nightmare neighbours”
More than 70 anti-wind supporters show up at London courthouse for first constitutional appeal
Wind turbines are like the “nightmare neighbours” that are “constantly noisy, constantly in your face,” says a lawyer looking to change the rules that govern turbine approvals.
Julian Falconer told a divisional court of appeal that the nuisances might not be enough to burst eardrums, “but that neighbour slowly drives you crazy.”
It’s the first constitutional appeal that’s made it to divisional court about the province’s Green Energy Act process to approve the controversial turbines Continue reading Wind turbines are like the “nightmare neighbours”
For Media Release
MEDIA RELEASE – Nov 14, 2014
COALITION AGAINST INDUSTRIAL WIND TURBINES (CAIWT)
DIVISIONAL COURT CASE IN LONDON ONTARIO – November 17, 18, 19th
Fourteen concerned citizens groups from across Ontario have formed a “Coalition” that will ask to intervene on a
potentially precedent setting divisional court case involving industrial wind turbines. The group will seek to
intervene on the morning of November 17th in London, Ontario.
Start time on Monday morning is 10:00 a.m.
The Coalition is comprised of the following groups:
1. WAIT-PW (Plympton-Wyoming)
2. Central Bruce Grey Wind Concerns (HARM) Health Affected Residents Meetings – Municipality of Kincardine
3. Grey Highlands Wind Concerns (GHWC)
4. Casualties of Plateau Wind – Grey Highlands
5. Haldimand Wind Concerns
6. West Lincoln Glenbrook Wind Action (WLWAG)
7. Oppose Bellwood Wind Farm – County of Wellington, County of Dufferin
8. Bluewater Lakeshore Residents Association
9. Middlesex & Lambton Residents Group
10. Mothers Against Wind Turbines Inc – Niagara, West Lincoln, Haldimand
11. Central Huron Against Turbines Inc. (CHAT) – Central Huron
12. Manitoulin Coalition for Safe Energy Alternatives Inc – (MCSEA Inc) Manitoulin Island
13. Ripley Group – Huron Kinloss
14. V.O.W. Victims of Wind – Coordinated by an Ontario volunteer
The members of these groups represent communities throughout the province of Ontario, including the Niagara Region,
the Counties of Haldimand, Middlesex, Lambton, Norfolk, Wellington, Dufferin, the Municipalities of Kincardine,
Saugeen Shores, Grey Highlands, Northeastern Manitoulin and the Islands, Central Huron and the Township of West
Lincoln.
In regards to Industrial Wind Turbine Renewable Energy Approvals, the Environmental Review Tribunal appeals
involving the Drennans, Dixons and Ryans and the Kroeplins were all dismissed. The appellants in this divisional court
appeal will be represented by
Falconers LLP and will be heard over 3 days – November 17, 18, 19 at the court house at 80 Dundas Street, London Ontario. (parking and entrance off Queens Ave.)
CAIWT is represented by: Mr. Richard Macklin
Stevensons LLP
Barristers
15 Toronto Street
Toronto, ON
M5C 2E3
Lambton County will also be seeking intervener status with their own legal counsel.
For information on the divisional court case, please visit:
http://www.falconers.ca Coalition contact;
Falconers LLP Raymond Beaudry
10 Alcorn Avenue, Suite 204 Little Current, On
Toronto, ON 705-368-3328
M4V 3A9 MCSEA Inc
(416) 964-0495 mcsea.c
“Health Canada has failed totally and publicly with this report”
Dr. Robert McMurtry, the founding director of Wind Concerns Ontario, comments on the Health Canada Study of industrial wind turbines.
“Annoyance” IS “Adverse Health Effect” – “Adverse Health Effect” IS “Annoynace”
It has been said on W.H.O (W
orld Health Organization and on the “Health Canada” Web site”
“Health Canada has failed totally and publicly with this report”
follow link to listen to the entire interview: GFB Podcast: Dr. Robert McMurtry – November 12th
Queen’s University professor disputes wind turbine report
One of the key experts backing opposition to a wind energy development on Amherst Island said a recent Health Canada study is more politics than science.
John Harrison, a Queen’s University professor emeritus in physics and a member of the Association to Protect Amherst Island, located near Kingston, Ont., said the report contradicts itself and was not peer reviewed.
In a report released last week, Health Canada said there is no link between noise from wind turbines and adverse health effects.
Health Canada scientists looked at communities that host wind farms. Two dozen government, academic and industry experts contributed to the study.
Researchers examined 1,200 participants living within 2 km of wind turbines in Ontario and P.E.I. Continue reading Queen’s University professor disputes wind turbine report
Mothers Against Wind Turbines Inc. 