Overuled on Ostrander

sign blanding turtleWellington Times, Rick Conroy
A divisional court has ruled in favour of an industrial wind energy developer clearing the path to construct nine industrial wind turbines on Crown Land at Ostrander Point in Prince Edward County. The decision is here.

Last year an Environmental Review Tribunal revoked the permit awarded to Gilead Power Corporation to proceed with its project at Ostrander Point. It concluded that the threat posed by the development to Blanding’s turtle was likely to cause serious and irreversible harm to the an endangered species, Further they felt the developers proposed mitigation measures were untested and the consequences too grave.

The developer appealled to the Ontario Superior Court arguing, in part, that the issue of its right to “harm, harass and kill” the endangered species had been settled as part of the Ministry of Natural Resources Endangered Species Act assessment. They argued that the Tribunal didn’t have the authority to review it. Read article

8 thoughts on “Overuled on Ostrander

  1. No means no to these people? Just keep on doing and they will find someone to say yes.

    Having been around both the legal world and the science world you learn that these two groups can’t communicate very well with each other.

  2. I just read sections 117–128 of the decision.
    1) The Tribunal did NOT use balance of probabilities. They used “causal link to harm” (ie., legal certainty)
    2) The Tribunal DID find evidence reliable.

    Further, the Tribunal blocked evidence by refusing to hear anything more recent than Arlene King’s flawed report.

    I agree with what others have said, that is LAW is not equal to JUSTICE. However, the Tribunal did actually error in law, as Gillespie pointed out in the appeal.

    What can you do when your justice system has failed?

  3. Environmental law is law and NOT science.
    Environmental lawyers don’t need any science education to practice environmental law. Neither do judges to make scientific judgements.

    Excluding information just makes it easier to exclude the science from the

    Sometimes it’s obvious from the transcripts that the kinds of questions at these ERTs that these lawyers ask that they don’t know science.

    • Barb,where do these courts get there authority from?
      The crown? From some fat as on a throne in another country?
      Who gave them authority? Did you? I did not give them consent,only reason they get authority is because we do not object other then they threaten you with there dogs and there 9 mill pea nis extensions to persuade us, kidnap us and threaten us to there cells and therefor allow these profit wind industry for the rich to go ahead. .
      They do not act in love and peace but bow to bail for the currency that we provide.
      They run there business thru legal fraud.

  4. Things are now so different than what the founding fathers intended.
    Peole today want a nanny state and this is what they have which is a state that tells them what to do and when to do it.

    And there are some who just take it upon themselves to do as they please and then see if anyone can stop them. This is what is going on with the present government with the backing of some very big fat-cats.

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