Judge reserves decision on bid for injunction to stop K2 wind project

goderichHeather Boa,  Bullet News
GODERICH – Shawn and Trisha Drennan have a reasonable fear that their health will be harmed by 12 industrial wind turbines proposed to be built within two kilometres of their home just north of Goderich, argued lawyer Julian Falconer in superior court today.

He asked Justice A. Duncan Grace to dismiss a motion by K2 Wind Project and the provincial government, represented by the Ministry of the Attorney General, to either dismiss or stay a bid for an injunction that would stop the K2 Wind Project from proceeding until a $4 million lawsuit is dealt with. If the judge were to stay the motion, the lawsuit would not proceed until all administrative processes are exhausted, including the Renewable Energy Approval process in which the director of the Ministry of the Environment (MOE) reviews a mandated list of about a dozen reports and public comments before deciding whether to allow a project to proceed, and an Environmental Review Tribunal, which is triggered by a concern that the project will cause serious harm to human, plant or animal health or to the natural environment.

“No Canadians, including the Drennans, have to wait to be injured by the state before taking steps,” Falconer said, saying the couple’s rights under the Charter of Rights and Freedoms have been breached because the wind energy company isn’t required to prove that its project won’t cause adverse health effects. He argued on the basis of the precautionary principle that states when there’s a possibility of health risks and no scientific evidence, the burden of proof that it won’t be harmful rests with whoever is taking the action or establishing policy. Read article

4 thoughts on “Judge reserves decision on bid for injunction to stop K2 wind project

  1. There should no man or woman or children world wide be subjected to torture as what this is. we are all one and equally important. And to leave this for a judgement call from one judge in a playing court room run by a corporation of CANADA listed on the New York stock exchange and the corporation of Ontario almost seems a bit unfair looking at this from a birds eye view. Money is all on there side,what we only have is crowds and we need a lot of them and transparency which is a slow hard job that takes more energy out of us the trustees,CEO’s when our administrators,public servants should have done this at the very beginning but they’ve become so fraudulent because they are chasing dollars.

  2. The government’s lawyer WANTS the proposed development to be heard by the ERT. He KNOWS that the ERT is not REAL court, but rather court-like. However, all of the rules are stacked in favour of the wind turbine company. And well, some rules are made up as the hearing gets going.
    I am so glad that the Drennans and their supporters are in a real court, and in front of a real judge, with a real law degree.
    I believe that ONLY one of the ERT chairpersons has an actual law degree.

    • Julian Falconer made a point of mentioning the past history of the ERT, and the fact that the only three turbines that were not given automatic approval. were single turbines….obviously not a decision based only on money like the industrial wind projects are. The Judge seemed to understand the futility of the ERT. I felt positive at the end of the day, not the usual disgusted feeling you have at the end of an ERT. Perhaps this time….things will be different. Often a new approach has new results. Hope springs eternal.

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