Category Archives: Charter of Rights and Freedoms

Charter of Rights and Freedoms, Contracts Cancelled, France Wind, Health, Property Rights

Couple WIN Wind Turbine Ruling

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This is a true Victory, as a court has upheld property rights violations! Next stop, Ontario

October 2, 2013  – The Connexion – France

A WINDFARM has been ordered to demolish ten turbines and pay compensation and fines after it was successfully sued by a couple.

Speaking to Le Figaro newspaper, the couple’s lawyer, Philippe Bodereau, said: “This decision is very important because it demonstrates to all those who put up with windfarms with a feeling of powerlessness that the battle is not in vain, even against big groups, or authorities who deliver building permits, that legal options are available to everyone, that we have a right to live in peace and that people can do other things than suffer.”

The couple bought their 18th century listed property, the Château de Flers, in 1993.

A tribunal in Montpellier ruled that the couple had suffered due to the “degradation of the environment, resulting from a rupture of a bucolic landscape and countryside”. It also agreed the couple had suffered from the noise of the turbines and from the flashing lights.

“The situation, instantly out of place, permanent and quickly unbearable, created a problem that went beyond the typical inconveniences of neighbours and constituted a violation of property rights,” ruled the judgement.

The value of the property had no bearing on the ruling.

The wind farm owners, Compagnie du Vent, have been given four months to take down the turbines, which were erected in 2007 on two sites next to the property in Nord-Pas-de-Calais. It has appealed the decision.

“Our projects are in the general interest, following the Grenelle de l’environnement and not in the interest of individuals,” said the president of Compagnie du Vent, Thierry Conil. “However, it’s right that democracy should allow people to take action.”

The two sites are a €20m investment and produce enough electricity for 22,000 people according to the company.

In 2010 it was ordered to demolish four turbines near Narbonne after it was taken to court by four farmers who were granted €430,000 in compensation. However after appealing it reached an out of court settlement.

Le Figaro said that lawyers associated with these cases said that they were often resolved amicably out of court. “I don’t know an example in France where a demolition was ordered and followed through,” one lawyer told the paper.

– See more at: //www.connexionfrance.com/wind-farm-turbines-demolition-noise-nuisanc

Charter of Rights and Freedoms, ERT Appeal, Ontario Wind

WLWAG: Wind Battle Year in Review

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WLWAG Year in Review.   This year has presented many  difficulties and at times disappointments for wind action groups around Ontario but Wednesday night was definitely a bright moment for the West Lincoln Wind Action Group.
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Speakers, community members and WLWAG came to together at the Wellandport Community Hall to be updated on the status of the battle against the NRWC and the IPC projects.   Neil Schwitzer, chairperson of the event gave an informative overview of the status. Updates were also provided by the  leaders of  sub-committees and wind actions (health, environment, legal actions, appeals, communications, finances, fundraising etc.) as well as an update from our allied friends at “STOP” and “Mothers Against Turbines.”  A special thanks to Tricia Vaughn  who recognised a need for this  information update for the community and Deb Murphy who encouraged us all to spread the information.
Ed and Ann Fairfield relayed to the audience their own battle with the IPC and what their next step would be.  As always finances would be an issue and requested help with this.  They reminded us that this was really a community battle.
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Coming all the way from Goderich, Shawn Drennan was the  special speaker for the event.  He updated us on the Canadian Charter of Rights and Freedoms  battle against the GEA and its legislation and urged us all to “Unite the Fight”.  He stressed that we really needed to pool our resources and focus and that if he and his lawyer Julian Falconer were successful with their court case then it would have wide ranging implications for all wind projects and its victims across Ontario.
Charter of Rights and Freedoms, Ontario Wind

Belwood Legal Strategy Meeting – Open Invitation – October 8, 2013

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Join us on Tuesday, October 8th for an important meeting about legal strategy, being hosted in Belwood.

 

Over the past several years many rural communities have been investigating their legal options in the fight against wind industrialization. Recently there has been a development that could be beneficial to all communities led by Barrister Julian Falconer.  The case is based on the merits of a Charter Challenge of the Canadian Charter of Rights and Freedoms.

 

Section 7 of the Canadian Charter of Rights and Freedoms states that: “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.”  The Appeal states the right to security of a person and principles of fundamental justice have been violated.

 

Julian will be joining us in Belwood by teleconference to provide details on the case and the progress made to date. 

 

This is an opportunity to get first hand information on the status of the case as well as to discuss how we can work together to raise the necessary funds to support it.  The Belwood group is organizing this meeting because they believe the claim is a viable legal option.  After the presentation, their community will vote to determine financial support.  Other communities at risk from wind turbines are welcome to participate as the legal action has the potential to benefit all of us in rural Ontario.

 

Place:       Pine Meadows Retirement Community (Grand Hall)

Address:  8473 Wellington County Road 19 (between Fergus and Belwood on the north side of Lake Belwood)

Time:       7:00pm

Date:        Tuesday October 8th

 

If you plan on attending please contact Janet Vallery at jvallery@everus.ca

 

 

About Julian Falconer – Julian specializes in civil, constitutional and criminal litigation with a particular focus on state accountability.  He has successfully represented clients in many high profile cases including the Sammy Yatim family, Aron Firman, and the Ashley Smith Inquest. He was co-counsel on the Maher Arrar Case post 9/11.  According to Canadian Lawyer magazine Falconer, “Deserves a spot high on any list of the country’s top advocates.”    His alma mater, University of Toronto, has named him one of the 20th century’s 100 most notable graduates.

 

Charter of Rights and Freedoms, ERT Appeal, Government Misrepresentation, Ontario Wind

Current schedule for St Columbian/Julian Falconer

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The ERT for St Columban starts Monday, Sept 23 at 10.00 am. at Brussels Arena Community Hall.

Below please find list of witnesses.

Monday -motion- Jim Murray being allowed in to give evidence
-opening statements
-Ryans and Dixons evidence

Tuesday-Barb Ashbee
-Sandy McLeod

Wednesday-Nicky Horton
-Michauds

Some time Wednesday or Thursday there will need to be time
set aside for HALT to give evidence.

Thursday- Oliveria
Rick James (full afternoon)

Friday-  Tomlinson

Toronto (Tribunal venue)
Tuesday    October 1 Denton Miller (acoustician)
Dr. Baines
Wednesday  October 2 Dr. Moore
Hose Menendez

Charter of Rights and Freedoms, Ontario Wind

IESO Changes Capability Reporting on Eve of Ontario Liberals Paying Wind Companies to NOT Produce Electricity

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 IESO is obscuring the truth to further a political agenda that will bankrupt the people of Ontario!

In Communist countries, Politicians are  paid by the public purse stuff the money into their own pockets, sell out the resources of the country to private for profit multinational corporations and the people become poorer and poorer – Sounds Like Ontario!!!!!!!!
I am calling on you to write a letter to the IESO demanding they bring back the Capability Information to Ontarians.
Attention:
The IESO has changed thier Generators Output and Capability Report to EXCLUDE Wind’s Capability, in replacement of Wind Forecast.
Forecast now Matches Output which is a SPIN for reporting to the public.
All other Energy Sources for Ontario show Capability Vs Output – Except WIND!
This is wrong and also deceitful to Ontarians on the cusp of the Liberal Government now curtailing Wind while also paying contracted rates to Industrial Wind Turbine Companies.
An example of Why This Matters and what is now missing from the Public Eyes:
On August 29, 2013 at 1:00pm
IESO Reported a Demand of 29479MW
Of this demand, a MEASLY 0.0885% was generated by Wind Power
& Wind only used 1.1% of it’s CAPABILITY!!!!!
Sincerely,
Marianne Kidd – Mothers Against Wind Turbines
Charter of Rights and Freedoms, Children Affected, Environment, Government Misrepresentation

Help Message Loud and Clear on Gobles Grove Beach

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On a cold and windy Labour Day Monday, wind warriors from all parts of Ontario united at Gobles Grove Beach in the midst of an un-welcome CAW Turbine. Our Mothers Against Turbines bus, filled with supporters from Haldimand, West Lincoln and Wainfleet, walked beside our fellow Ontarians, sending a message to Kathleen Wynne and wind companies everywhere that Turbines are not welcome on our doorsteps!

Hundreds of people were positioned on the beach where the word HELP was spelled out in advance of our arrival. United and in position, we gathered into the letter H, trying to beat a Guinness Book of World Record!

The event was well organized and even included a sound equipment demonstration. The SWEAR and STOP groups are actually able to monitor infrasound, utilizing hundreds in testing equipment and software, that can then be analyzed by a sound/noise expert.

The Charter Challenge, brought forth by Julian Falconer, if successful, will set a precedent and will assist ALL those following. This action has the potential to shift the burden of proof from the need to prove serious harm to human health to the need to prove the possibility of harm, a much lower threshold.

Thank you STOP and SWEAR for organizing this event! It has managed to bring Ontarians closer together in this battle against the Liberal Government and Big Corporate Wind Companies.

Charter of Rights and Freedoms, ERT Appeal

WLGWAG takes a Different Direction with HAF Wind Energy Project

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Thank you for fighting for the people Anne and Ed! Press Release Below from WLWAG:

On the advice of our Lawyer Eric Gillespie, Anne Fairfield and Edward Engel (on behalf of the West Lincoln Glanbrook Wind Action Group), in an agreement with the Lawyers for Vineland Power Inc , have asked for a Consent Dismissal of their Appeal for an Environmental Review Tribunal Hearing and their STAY Motion. Our Canadian Constitution is called our Charter of Rights and Freedoms. Our constitutional question asks if the manner in which Industrial Wind Turbines are being approved is unconstitutional insofar as they allow for the violation of our rights under Section 7 of the Charter, among other things. The Minutes of Settlement indicate that when the matter of the Constitutional Question is decided before at least two other Tribunal Hearings, which are currently in process, the answer will be brought back before the Tribunal hearing the HAF Wind Energy project and applied to our Constitutional Question as well. In the meantime, residents of West Lincoln should watch for announcements of the upcoming information event, Year in Review, being planned for September 25th in the Wellandport Community Centre. This will be your opportunity for “one-stop shopping” for all the information you wish you knew about Wind Turbines in West Lincoln and Haldimand County, and why WLGWAG has been opposing this potential Industrial Invasion for over three years. Mark this “Go-to-Event” on your calendars now and spread the news to your neighbours so they can get involved.