Heather 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