Category Archives: Charter of Rights and Freedoms

Green Energy vs Justice

GREEN ENERGY vs JUSTICE

A second peer-reviewed manuscript relating to the CCSAGE legal case has been published and is available on line. Entitled Ontario’s Green Energy Policy vs. Social Justice, the manuscript was largely based on the documents written to support the CCSAGE legal case. It has the stated objective:

To explore the development and implementation of Ontario’s Green Energy Act and the outcomes on social justice and risk of harm to Ontario residents. To provide examples of government actions taken to achieve its goals, and the occurrence of consequences, whether intended or unintended.

In memory of Alan Whiteley

Alan Whiteley

Whiteley, A., &Dumbrille, A. (2021). Ontario’s Green Energy Policy vs. Social Justice. Open Journal of Social Sciences, 9, 447-486.https://doi.org/10.4236/jss.2021.91033

Received: December 22, 2020
Accepted: January 26, 2021
Published: January 29, 2021

 

 

Justice Reform Recommendations using Green Energy Act

Lawyer Alan Whitely wrote to the Ontario government in July 2020, in an effort to affect modernization of the justice system. The goal was to improve access to justice for the people. The Green Energy Act was used as an example and recommendations were given to prevent this from happening again. He received no response from the Government. Even though the Green Energy Act was repealed in 2019 the consequences and impacts of renewable energy projects continue to divide Ontario.

Whiteley, A.,Dumbrille, A., & Hirsch, J. (2021). Access to Justice: Recommended Reforms to the Ontario Justice System Using the Green Energy Act as an Example. Open Journal of Social Sciences, 9, 1-19. https://doi.org/10.4236/jss.2021.91001

We DO NOT CONSENT

Nation Rise Wind Project , North Stromont Township, Ontario

We do not consent

An open letter to: Ontario Attorney General Doug Downey, Premier Doug Ford, Minister of Environment, Conservation and Parks Jeff Yurek.

In September 2019, residents of North Stormont Township and abutting townships sent Eastern Ontario Health Unit medical officer of health Dr. Paul Roumeliotis, as well as the premier, the attorney general, the ministers of health, environment, and energy a notice of non-consent. It was signed by people of all ages— children and adults.

The people do not consent to any “discharge of contaminant,” e.g., environmental respiratory contaminant(s) in any form; vibration, shadow flicker, infrasound/low-frequency vibration or noise.

This week, the residents are again sending a Notice of Non-Consent to the Government of Ontario’s attorney general, premier, and Minister Yurek, again telling you they do not consent to any “discharge of contaminant.”

They do not consent under the Nuremberg Code, to be made a medical experiment for a turbine size, make and model never tested in Ontario, erected in clusters, with many close to homes – just over the legal 550-metre distance – established when turbines were much smaller.

It is known that infrasound can travel 20 kilometres. Residents in the approximate ringed areas are in danger. The people did not consent.

No one in the project or surrounding areas agreed to be exposed to infrasound, low-frequency noise, vibration or shadow flicker; they never agreed to having individual or clustered turbines in close proximity to their homes.

The health impacts are known in other Ontario industrial wind projects.

The issues are documented in the recently published, peer-reviewed article Déja vu and Wind Turbines: A Review of Lived Experiences after Appeals of Ontario Industrial-Scale Wind Power Facilities. Also, in Wind Turbine Incident/Complaint Reports in Ontario, Canada: A Review—Why Are They Important?

Furthermore, an Ontario peer-reviewed paper has been released titled Confirming Tonality at Residences Influenced by Wind Turbines.

It is now documented that people of Ontario have been forced to walk away from their own homes, no longer safe because of impacts of industrial wind turbines, in this report: Preliminary Results: Exploring Why Some Families Living in Proximity to Wind Turbine Facilities Contemplate Vacating Their Homes—A Community-Based Study.

The Ontario facts are known; Ontario residents do not consent.

I believe it is criminal negligence by the current Ontario government to knowingly expose thousands more residents of all ages to harm by allowing the Nation Rise Wind Farm project to proceed.

Legislation similar to the legislation which stopped the White Pines Wind project must be enacted to permanently cancel the Nation Rise Wind project.

The people do not consent.

Ruby Mekker

Finch, Ontario

LETTER published The Whig on June 29, 2020

READ COURT DECISION: Nation Rise Wind Farm Limited Partnership v Minister of Enviroment Conservation and Parks, 2020 ONSC 2984

Niagara Wind’s 3rd Year

Niagara Wind had some visitors on a very cold wet fall day.   It has been 3 years since the project was activated.  The project is currently operating out of compliance with its renewable energy approval.  Left them some signs outside their office.   Thanks to all those who honked in support.

 

Please Support Christine~ Court Challenge to Protect Ontario

water black shale

“When the pile driving and construction of the wind turbines started on our shallow aquifer our drinking water slowly turned black and is now unsafe to consume, cook with or even bathe in,” she says in court documents. “This issue continues today and we are not the only family affected by this devastation.”

SUPPORT Christine Burke in her legal challenge to protect Ontario and our well water

“Burke alleges that the minister, government officials, and the companies violated the law for failing to take “reasonable care” to prevent the contamination (of home’s well water) as the wind farms were installed.”

Many Ontario people want their well water protected from the impacts of industrial wind turbines.  It is well known that the present MECP guidelines are grossly inadequate and do NOT require sediment or micro particle size and composition testing.

Christine Burke has taken a necessary step to challenge the Ontario Government, Ministry employees and the Wind companies.

We encourage ALL Ontario residents to come and support Christine,

Wednesday August 14, 2019 at  9:00am for an outside presence, with court starting @ 10:00am.

Address: Blenheim court house, 21633 Communications Rd, RR#5, Blenheim,
519 352-8484

We must be conscious that the time and date could change and we will do our best to keep you notified.

Come and show your support for this very brave, courageous woman.
Carpooling is encouraged

Ontario being charged under Environmental Protection Act

Province, wind turbine companies charged under Environmental Protection Act

There are reasonable and probable grounds to believe environmental offences have been committed

CBC News | Province, wind turbine companies charged under Environmental Protection Act

The Ontario Court of Justice has determined there are “reasonable and probable grounds” to believe environmental offences have been committed by Ontario’s Minister of the Environment, ministry staff and three industrial wind companies in Chatham-Kent.

According to court documents, the charges come from the Environmental Protection Act.

Eric Gillespie, a Toronto-based lawyer, represents complainants who have been experiencing problems with their water wells.

“When somebody believes there has been an offence committed, they can go directly to the courts,” said Gillespie. “One local resident went last week before a justice of the peace, who heard information and formed the opinion that there were grounds to believe offences had been committed.”

One witness called to court is Christine Burke, who spoke to CBC in February 2018 about the problems with her water well.

Burke was not permitted to speak to CBC now that she’s named as a witness in the court proceedings.

As a result, the summons to appear in court were issued to the Ministry of Environment, the minister of the environment and the three companies.

According to court documents and Gillespie, the charges are for ongoing actions since 2017.

In one, Jeff Yurek, minister of the environment, is named as failing to “take all reasonable care to prevent the installation and operation of the wind turbines at East Lake St. Clair Wind Farm, run by Engie Canada and at the North Kent 1 Wind Farm run by Pattern Energy Group and Samsung Renewable Energy from discharging or causing or permitting the discharge of contaminants.”

Those contaminants include black shale and potentially hazardous metals….

READ ARTICLE

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Pressure on for Health Hazard Investigation

water dirty Reports of contaminated wells and turbid drinking water that came with the construction and operations of wind facilities have not been investigated for alleged health hazards.  Multiple case histories hanging in limbo crying out for immediate action such as the ones made known in the K2 and Niagara Wind projects.

Chatham Daily News|June 5, 2019|by: Ellwood Shreve

Pressure applied at Queen’s Park for C-K water wells probe

Mitchell’s Bay-area resident and cancer survivor Marilynn St. Pierre travelled to Queen’s Park Wednesday to ask the Doug Ford Progressive Conservative government to honour a promise to look into water problems in the north area of Chatham-Kent.

“My water supply is horribly polluted with black shale,” St. Pierre said. “Premier Ford knows this. In fact, Mr. Ford took decisive action to solve this problem.”

The citizens group Water Wells First began raising concerns three years ago about the potential impact the construction and operation of the North Kent Wind farm would have on water wells because of the Kettle Point black shale geology and shallow aquifer in the area.

Since that time, several property owners experienced well water problems, including significant amounts of sediments that have clogged up the flow of water during construction and after operation of the wind farm began. The group says this particular shale is known to contain metals such as uranium, arsenic and lead that are harmful to human health.

But the developers of the wind farm – Korean industrial giant Samsung and its American partner Pattern Energy- have stated the wind farm has had no impact on area water wells. This claim was supported by the Ministry of Environment and Climate Change under the previous Liberal government.

St Pierre, a cancer survivor, said Ford committed to undertake a health hazard investigation into this problem in Chatham-Kent.

“I am fearful that cancer will return if the health hazard investigation isn’t done soon and we don’t get the answers we need,” she said.

Essex NDP MPP Taras Natyshak pressed Minister of Infrastructure Monte McNaughton to provide answers over the ongoing well water concerns in McNaughton’s riding, during question period at Queen’s Park on Wednesday.

Natyshak reminded McNaughton that Ford promised those affected “by this contamination” that he would conduct a health hazard investigation immediately.

Noting, “immediately has come and gone,” and more than a year later, people are still waiting for this investigation, the MPP called on McNaughton to make good on this promise “to ensure these Ontarians have clean and safe drinking water.”

McNaughton responded the government has been working hard on this issue and there will be more to say.

Then he took aim at Natyshak, calling it “ironic” that the Essex MPP and the NDP voted in favour ofthe  Samsung agreement to allow the wind farm to be built in Chatham-Kent.

“We were left with this mess. We are going to clean it up. They caused this problem. We’ll take no advice from that member opposite,” McNaughton said.

Natyshak said in an interview that McNaughton “dodged the question and went straight to the rhetoric book they rely on when they don’t have a straight-up answer for people who are concerned about issues in their communities.”

He said McNaughton knows this issue well so “for him not to be prepared to give us any hope or any inkling that his ministry and himself actually have a plan on this is quite disappointing to the folks who made the trip up to Toronto (Wednesday).”

When asked in an interview if there will be health hazard investigation, McNaughton said, “Absolutely.”

When asked if it would be done within the year, he said, “We’ll be making it public very soon what process has been going on for the past 10 months and what will happen in the future.

The minister also stated: “I want to be clear that we’ve been taking these concerns very seriously.”

McNaughton said the government’s first step was to cancel the Otter Creek Wind project, slated for to be built north of Wallaceburg on the same Kettle Point black shale.

“We didn’t want to make the situation any worse,” he said, adding the government also scrapped the Green Energy Act, resulting in the cancellations of 758 wind and solar contracts.

Joel Gagnon, head of the heavy metals lab at the University of Windsor’s Great Lakes Institute of Environmental Research, said he was asked to get involved about a year ago.

“The purpose of the investigation is to look at research questions that we can address within the confines and within the mandate of a university,” he said.

Having found residents in the area had in excess of 100 years of good quality water, he said the problems experienced with the water wells were predicted with the construction of the wind farm.

“There’s good scientific evidence to link turbine installation and operation to groundwater impacts,” Gagnon said.

He said the impacts on water quality are quite diverse.

“We’re looking at excessive amounts of suspended sediment comprising Kettle Point black shale,” Gagnon said.

He added there is excessive biomass production which leads to foul smelling and tasting water, along with excessive gas production, which contains radon.

Collectively, Gagnon said people are being exposed to dermal, ingestion and inhalation hazards for a cocktail of what could potentially be toxic metals as well as radon gas.

“The health risks here are undefined and unconstrained and need to be looked at,” he said.

Kevin Jakubec, a founder of the Water Wells First group, who was also at Queen’s Park Wednesday, said, “Patience with Premier Ford delivering and making good on his promise of an investigation is now completely exasperated.

“To date, no experts or resources have been brought into Chatham-Kent to deal with the water problem by the Ford government.”

When asked if the Ministry of Health has had people on site, McNaughton said: “We’ll be providing an update very, very soon.”

Jakubec points to a 2016 joint report from Cancer Care Ontario and Public Health Ontario that said Ontarians are getting cancer each year from environmental carcinogen exposures.

“The report specifically acknowledged the heavy metal arsenic,” he said. “Arsenic causes a cancer burden on Ontario’s beleaguered health-care system each year.”

eshreve@postmedia.com

Over a year and counting …….

“This a serious issue here and I give you my word, we’re going to address it. I can’t stand wind turbines; I can’t stand how they are destroying areas and communities and I’m going to do everything I can to halt any other wind turbine farms and I’m going to address the ones that are going in. You have a huge supporter here,” Ford said to Jakubec after hearing his questions. “As for the local MPPs, when you aren’t in power, your hands are certainly tied. When we are in power June 7, we’re going to address it. It will be my number one issue. And what I say I’m going to do, I do. No one has been more vocal about these wind farms than Doug Ford – no one. I’m giving you my word.”

Doug Ford (now Ontario’s Elected Premiere) , April 26, 2018

Source:   Well group wants more out of Ford

K2 Wind Out of Compliance

k2 wind a
K2 wind turbines

K2 Wind  under an issued provincial order by Ontario is to immediately comply with noise performance limits for operations of its industrial wind turbine installation.

[210] Mr. James, an expert called by the Appellants, provided a number of critiques of the noise assessment models used to predict sound levels produced by the Project. Mr.James agrees with the proposition that was put before him that the Approval Holder’s noise assessment reports comply with the MOE Noise Guidelines. He states, however, that there are serious issues with the Noise Guidelines themselves such that, by complying with the Guidelines, the actual level noise levels emanating from the Project will be underestimated.

ERT Decision 13-097/13-098, February 2014 READ HERE

k2 wind map
K2 wind turbine locations Township of Ashfield-Colborne-Wawanosh, Ontario