Governments love windmills, people who live near them hate them. The result is a beautiful recipe for lawyers.
ulian Falconer, no stranger to public interest cases, represents families challenging the development of three wind farms near Lake Huron
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.
More than 70 anti-wind supporters show up at London courthouse for first constitutional appeal
A farm stands in the foreground as some of the 45 wind turbines at the Bornish Wind Energy Centre stand in the distance near Parkhill. (Free Press file photo)
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.”
There is going to be a celebration and we hope you can make it!
How Green is This is hosting a Spaghetti Dinner Supreme and we hope you will be our special guests. This is indeed another Fundraiser – what would we do with all the time on our hands after Wind Sale? – but it is a FUN one.
We want to thank you for everything you’ve done and have fun too.
Our Green Team Mama’s are cooking their best-ever secret sauces, meat and veggie.
The barn owl has done what no anti-wind turbine protester in Port Ryerse has been able to do to date: halt construction of a green energy project in their village.
A woman walking her dog this summer spotted one of the birds — they are on the endangered species list in Ontario — flying into a barn.
An investigation ensued, photographs of the owl perched on a woodpile were taken, and the sighting was confirmed. The evidence was then presented to an environmental review tribunal hearing, which last week slapped a five-month moratorium on the project.
Boralex, the company that wants to construct a four-turbine 10-megawatt wind farm next to Lake Erie, must now apply to the Ontario government for what’s known as an “overall benefit permit” if it wants to continue with the project.
It must submit an amended plan showing how the wind farm will avoid having a negative impact on the owls and that it has explored alternative sites. It must also show it will do something to help the birds, such as creating new habitat.
The tribunal hearing has been adjourned until March 31.
The Port Ryerse case is the first time a project in Ontario has been ordered back to the drawing board due to the presence of barn owls.
As a result, “there are a number of unknowns right now that will take some work and some time to bring to a conclusion,” Sylvia Davis, legal counsel for the Ontario Ministry of the Environment and Climate Change, wrote in an email to the parties to the hearing.
The barn owl is so rare there have only been four confirmed nesting sites in the province in the past decade and maybe a dozen or more confirmed sightings, said Bernie Solymar, a member of the Ontario Barn Owl Recovery Team who happens to live in Port Ryerse.
West Grey County are acting to protect their county’s best interests by delaying a signature on a road use agreement.
The outcome is presumed to be predictable (ie they will be forced to sign against their best judgement) but that didn’t stop them from standing up for what is right!!
Municipality of West Grey in Toronto Courts Fights For Justice
East Durham Wind (NextEra), the wind energy company is taking the Municipality of West Grey back to court because the Municipality of West Grey did not approve road allowances when East Durham Wind did not give comprehensive routes of how they intend to bring in and use our county roads to build their wind turbines.
Appellants from Port Ryerse opposing the Boralex project
Because of the barn owls the MOE has asked for an additional adjournment of 5 months until March 31st 2015.
However, Boralex has requested an” Overall benefit permit” for the Owl predicament.
This means they have requested to be able to disturb the owls nesting habitat
They can also get a permit if killing the birds will improve the economy of Ontario.
THIS will be THE FIRST ever benefit permit in Ontario given ( or not) for barn owls . Please read :
Dear Ms. Pietrzyk and counsel
In preparation for tomorrow’s teleconference, MOECC has been in communication with MNRF and proponent’s counsel regarding the ongoing process under the Endangered Species Act.
We understand from MNRF that staff at MNRF have reviewed the information submitted by the proponent on the recent confirmed siting of a Barn Owl. MNRF Aylmer District staff have advised the proponent that:
Based on the information provided, MNRF can confirm that the proponent will require an overall benefit permit under section 10 (habitat) and section 9 (harm or harass a species) under the Endangered Species Act; and
The proponent will now be required to move forward on submitting an Avoidance Alternatives Form and an application for the Overall Benefit Permit.
MNRF has also informed MOECC that this will be the first Barn Owl Overall Benefit permit developed in the Province and there are a number of unknowns right now that will take some work and some time to bring to conclusion – including some identification work through the Royal Ontario Museum.
In light of MNRF’s position on the ESA permit, the Director requests a further 5 month adjournment, with the caveat that:
(a) the Director agrees to immediately inform the Tribunal and other parties if the permit is issued prior to the end of the five month period; and
(b) a teleconference is arranged 4 ½ months into the adjournment to provide the Tribunal and other parties with an update (should the permit still not be issued at that point). Please read the benefit permit requirements at: http://www.ontario.ca/environment-and-energy/endangered-species-act-overall-benefit-permits
Because the owl is also protected at the Federal level a letters should go to the ministers at both Federal and Provincial levels. This is a significant permit being developed, please write your own letters to:
The Honourable Leona Aglukkaq Minister of the Environment
Mothers Against Wind Turbines looks to raise $100,000
Bryan Jongblood looks at a map to determine his receptor number. Mothers Against Wind Turbines held an information meeting last week as it prepares to launch a legal battle against the Niagara Region Wind Corp. project that is before the province.
Approval of a 77-turbine project from the province could come any day and a group of residents opposed to its existenceis doing anything but silently waiting.
Mothers Against Wind TurbinesInc (MAWT) is bracing for a fight, much like their comrades in the West Lincoln Glanbrook Wind Action Group have been. While the latter group is awaiting a decision from the Environmental Review Tribunal (ERT) the newer group is gathering information and raising funds to mount its own fight against a much larger project.
Niagara Region Wind Corporation (NRWC) submitted its renewable energy approval application 10 months ago and residents have been preparing for its approval ever since. Should it be approved, 77 turbines will rise on the rural landscape of West Lincoln, Wainfleet and Haldimand. Forty-four of them are slated for the community of West Lincoln, with the majority in the Wellandport and St. Anns areas.
Last week MAWT (Inc) invited members of the public to an information session at Covenant Christian School in Smithville where they provided an update on both the NRWC and IPC Energy projects and asked for support.
“A Charter challenge is going to cost hundreds of thousands of dollars,” said Deb Murphy, co-chair of WLGWAG and a new paralegal who represented Anne Fairfield at her ERT hearing last month. “The average person, the average group can’t even begin to think about that.”
The issue with taking wind proponents to court, said Murphy, is the process. While an environmental review tribunal can only rule on whether or not a project will impact health — human, animal or environmental — it is the first step in a lengthy process to fight the projects she said. This is the case with WLGWAG’s appeal which was launched by Fairfield after the project was approved and again when the province approved an amendment to the project after it was discovered that four of the five turbines were placed too close to neighbouring properties then regulations allow. The tribunal could not rule on the process, explained Murphy, only on whether or not the amended application would harm health.
“You can’t skip it. You have to go to the ERT and lose that then appeal,” said Murphy, noting it cost WLGWAG $4,000 in copying alone to prepare for the hearing. “It sucks. Thirty one of 32 ERTs lose.”
While the ERT was costly in paper, the next step, divisional court, will cost even more warned Murphy who noted paralegals can’t represent the group in the next stage meaning to have a fighting chance a lawyer is required. Murphy also warned that timelines will be tight as the group will have only 15 days from the time the project is approved to launch its appeal.
Luckily for both groups they have been granted intervenor status in a constitutional challenge launched by three groups fighting turbines in Goderich, St. Columbian and Kincardine. A total of 15 groups in Ontario similar to MAWT (Inc.) and WLGWAG are also included as intervenors on the case which will head to court in November.
It cost each group about $6,000 to participate, said Murphy, who expects wind proponents to challenge any victory granted to groups like MAWT (Inc).
“If we win, you know the wind companies will fight it,” she said. “It could take a long time.”
To raise funds for legal fees MAWT(Inc) is selling tree seedlings, T-shirts and lawn signs. The group also hosts garage sales and is always taking donations of gently used items. The group has a goal of raising $100,000 to cover legal costs each step of the way.
The group is also looking for volunteers to help with fundraising, research and writing and seeks the advice of experts in various fields from legal to technical.
“If we don’t have legal counsel it will be tough for us,” said Lois Johnson, MAWT (Inc) member. “The time to donate is now.
“MAWT(Inc.) will launch an ERT. MAWT (Inc.)will launch a judicial review and MAWT (Inc.) has joined the constitutional challenge,” Johnson added.
The group is also asking that anyone living within 2.5 kilometres of the NRWC project area determine their receptor number — which is based on the distance between the turbine and home.Those numbers will help the group prepare evidence in relation to noise disturbance from the turbines should they be erected.
“If you’re on the list, we need to talk to you,” Johnson said.
Mayor Lonny Napper of Plympton Wyoming, Ontario, with his Chief Administrative Officer, Kyle Pratt, led his council to a “game changer” bylaw last week. The wind turbine noise bylaw crafted by council and vetted with Toronto lawyer, Eric Gillespie, references Infrasound and Low Frequency Noise (ILFN) and pulsing barometric pressure changes that are now recognized to damage health around the world.
The bylaw references charging fees to developers if ILFN causes residents problems. Common effects are from chronic unrelenting noise, sleep disorders, hormone level disruption, increased risk of disease, diabetes, hypertension, depression, heart arrhythmias, and possibly even cancer. (Carmen Krogh and Dr Robert McMurtry, both of Ontario, recently published a case definition that accepts inner ear disruption, sleep disorders, hypertension, mood disorders, nausea, tinnitus, as part of the presenting complaints combined with proximity to wind turbines.)
In Plympton Wyoming, complaints will lead to investigations and hefty fines. This is the first bylaw directly referencing ILFN and demanding fines of between $500 to $10,000 per day, and which may be, the bylaw states, in excess of $100,000.
While over 80 Ontario municipalities have called for a moratorium, declared themselves unwilling hosts, and have called for the resignation of the Medical Officer of Health, Dr. Arlene King, as well as variously creating new bylaws for longer setbacks and decommissioning costs, the Green Energy and Green Economy Act 2009 (GEA), subjugates most Ontario law under its wings, leaving communities scrambling to find ways to protect themselves. Mayor Napper and his council have likely found the idea remedy: one that is not subsumed into the GEA. Health issues cannot be found to be contrary to the GEA or “frustrate” the efforts of the laws to perpetuate wind turbine factories, or so-called “renewable energy platforms.”
“When I took an oath to protect my community, I took it very seriously,” continues Mayor Napper. “The information about what other communities are suffering, disruption, noise, degradation of precious landscapes, seriously divided communities, and to see that this possible devastation is in my full view, for my residents, something has to give.”
Thank you Mayor Napper and Plymptom Wyoming council. Read the rest of the article here.
DOCUMENTARY
BIG WIND By Rico Michel http://www.dliproductions.ca/films/big-wind/ Margaret Welcome to the wacky world of green power, where misguided governments have sparked a massive corporate feeding frenzy (at taxpayers’ expense) to achieve little or nothing of any social benefit. — Margaret Wente, Globe & Mail
It has taken decades for us all to understand the pressing urgency of protecting the Earth’s environment by finding alternatives to fossil fuels. At last, the development of a green energy industry is presenting the opportunity to heal the environment… along with the opportunity to exploit it further. For politicians, going green provides a convincing election platform. For business, it offers the chance to make hundreds of billions of dollars. Green energy is the future and those who get in there first will benefit greatly. But not only honest players are championing this new industry. And nowhere is this more evident than in the massive development of industrial wind power.
Big Wind is a surprising and compelling documentary about the unprecedented rush to develop industrial wind turbines and how this is transforming the landscape in Canada and the world. The film investigates why governments are spending billions on wind power without first conducting health and environmental studies,why corporations are grabbing up precious farmland to put up hundreds of thousands of enormous industrial wind turbines, why people living near the turbines are falling ill, losing their animals and their farms,and whether these new “green” wind turbines are actually helping our environmental aims.
The rush to go green is pitting corporations against residents,government against citizens, neighbour against neighbour. Through the process the people are being stripped of their due democratic process.
Big Wind is a story of unethical political systems, corporate greed, and ordinary citizens who have had enough and are standing up to big government and big business. They are part of a growing revolution in rural communities in Southern Ontario and around the globe– people fighting to defend their homes, their way of life and the environment against Big Wind. It is a battle that will profoundly impact the green movement, as well as the well being of citizens in Canada and citizens worldwide for years to come.
MAWT inc is hosting an information meeting Oct. 16 in Smithville (At Smithville Covenant Christian School, at 7:30 pm Here is a copy of the info flyer we are sending out. Please invite your friends and neighbours. We look forward to seeing you there.
A copy of this ad will be placed in rural mailboxes in West Lincoln, St. Anns, Wellandport and Caistor Centre next week.
Mothers Against Wind Turbines Inc. 