Category Archives: The Coalition Against Industrial Wind Turbines (CAIWT)

Is there a remedy to Industrial Wind Turbines?

Is there a Remedy for People Suffering, Health Issues, Financially, etc. from Industrial Wind Turbines in Ontario ?– approximately 7700 planned for Ontario.

Trish & Shawn Drennan

“Congratulations to Trish and Shawn Drennan!”

The Goderich Superior Court Room was filled to capacity when Shawn and Trish Drennan went to Court on January 19th to reverse the negative impact that the 140 Industrial Wind Turbine Project (K2), two transformer stations and several transmission lines have on their family, home and their Heritage Farm operation.

They put a compelling and sensible case together and spoke with passion and the strength of truth behind their words.  One comment was that some felt they were witnessing an important step in this fight.  I heard, from a lawyer,… “that a lawyer could not have done a better job in arguing the case”.  Most felt the judge really got it and it was in no small part because of the time, work, expense and personal sacrifice they both have given to their case to put the facts on the table.

Shawn Drennan at home on his farm operation

Shawn, “presented himself”, and told the court that the government has created an impossible barrier when he has to prove “Serious Harm to human health” at an Environmental Review Tribunal (ERT), when the turbines have not been installed or in operation yet. The ERT appeals and Divisional Court Hearings occur prior to the IWTs becoming operational. The Divisional Court also confirmed that the ERT’s lack the jurisdiction to determine the validly of section 47.5 of the Environmental Protection Act (EPA) and its constitutionality. In addition, to date, there appears to be no definition for the term “Serious Harm” even after all the ERT’s, Judicial Reviews and Divisional Court cases here in Ontario.

Shawn declared that the many witnesses who have come forward to testify that they have been harmed by turbines all over this province have not been given the gravity and respect they deserve for putting their testimony forward.  Shawn told the hearing that the government and K2 knew the turbines will harm people even before wind project proposals and permits went ahead.  The Canadian Wind Energy Association (CanWEA) lobbied the government to remove Infra and Low Frequency Sound regulations and testing when the Green Energy Act was written and this requirement was subsequently removed. If Judge Raikes had asked, at least half or more of the people in the court room that day could have stood up and said, “ I am the evidence of harm from Industrial Wind Turbines (IWTs).”

Shawn told the hearing that the difference between then, (ERT Hearings prior to operation) and now (May 29 2015), is that now the switch has been turned on, and the IWT’s are operational and we are being harmed.k2-wind-turbine

Judge Raikes challenged K2 and the MOE to tell him what remedy the Drennans have besides more time in court. We all watched them try to answer to no avail, because as was pointed out the only remedy right now is to move away. “Most people do not want to move away to begin with but do so to regain health.  They  are often penalized yet again when they have to lower the sales price to even get the home sold.

Home with a K2 industrial wind turbine just a few hundred metres away

When Judge Raikes looked at the K2 lawyer, Mr Bredt,  the judge tried to paraphrase what the lawyer had just said to him, “ So, the Drennans went to the ERT and Divisional Court, have complained to MOE, and still have no remedy, so it’s tough luck for them?  Bredt replied, “Yes.” which drew gasps of disbelief from the full gallery of people who attended.

When it came time to argue about who should be named as defendants in the Charter Challenge; K2 and /or govt., it was interesting to watch the judge see both parties try to throw each other under the bus.

Those in attendance are waiting to hear Judge Raikes decision and keep their fingers crossed that Shawn and Trish can move forward in finding a remedy for the harm they have experienced.  This hearing has implications for property owners and people living within at least a 10 km radius of a turbine project here in Ontario.

Thank you, on behalf of a whole lot of us in Ontario.

Dave Hemingway, Reporter, The Landowner

Turbine groups seek township money

It’s a big ask, but members of the West Lincoln Glanbrook Wind Action Group Inc. and Mothers Against Wind Turbines Inc. are optimistic.

The anti-turbine groups were among a number of clubs, organizations and charities that applied for funding through the township’s corporate sponsorship fund. The fund doles out money to non-profit groups that serve West Lincoln.

In a presentation to council Mike Jankowski and Bonnie Tuson outlined costs that the groups expect to face in 2015, including $30,000 for each group as part of a challenge launched under the Canadian Charter of Rights and Freedoms, $50,000 as part of the Niagara Region Wind Corporation’s judicial review, and $20,000 for community outreach and support.

“We are asking for financial support to benefit the efforts of and for the communities of West Lincoln to protect the health and security of all,” they said in their presentation.

The township has budgeted $12,500 for corporate sponsorships in 2015. Last year groups such as the PoultryFest committee ($5,000), Big Brothers Big Sisters ($1,000) and West Niagara Agricultural Society ($1,750) received grants from the township. Continue reading Turbine groups seek township money

Update: constitutional wind turbine court case

imagesThe Canadian Charter of Rights Constitutional court case re industrial wind turbines was heard in London Divisional Court last week from MondayThursday. (was extended into Thursday)  A panel of 3 judges heard the case and indicated they need to take enough time on the decision to ensure due diligence.  There were no references to decision timelines on the appeal.  The decision on the “stay” request of stopping the projects until a decision is made might possibly be sooner as the judge asked when the turbine blades would start turning and the answer was that turbine testing would begin in January.
The Coalition Against Industrial Wind Turbines (CAIWT) lawyer, Richard Macklin, was allowed 15 minutes for his oral presentation in support of the appeal on Monday but no decision was made on whether the coalition would be allowed as intervenors so that decision will come out with the final decision. The coalition argued that various procedures in the Renewable Energy Approvals and the Environmental Review Tribunal appeal process are unconstitutional because they do not protect the health of the community. Some issues presented were: the Director issues wind project approvals without considering health; appeals must be heard and the decision out in 6 months which is a very short a time to hear all the evidence on a serious issue; adjournments are sparingly granted (none granted here); the bar is set too high when we have to prove that the project will cause serious harm to human health; the onus is on those appealing that the project will cause serious harm; and community groups do not have the resources for these appeals whereas the opponents are well resourced. Despite the importance of the issues in these appeals, no group in the coalition can afford to hire counsel on its own, hence the coalition. The coalition also shows that not just people living in the project areas of this appeal are affected but communities all over rural Ontario are being affected.
So in the meantime, we wait for the decision. Whoever wins, there will likely be an appeal to the Supreme Court.

. Continue reading Update: constitutional wind turbine court case