Canadian Lawyer Mag, Shannon Kari
A few kilometres west of the eastern Ontario village of Consecon in Prince Edward County, on a narrow but busy stretch of road known as the Loyalist Parkway, there is a yellow road sign. It warns of turtles crossing the main automobile route to the popular Sandbanks Provincial Park — the Blanding’s turtle, to be precise.
The medium-sized turtle, with bright yellow throat and chin and domed shell, is classified as a threatened species in Ontario. It also has another distinction. So far, it is the only species, including humans, to derail at least temporarily a proposed wind energy project in the province.
There have been nearly 30 hearings before the Environmental Review Tribunal, seeking to stop so-called wind farms, since the enactment of the Green Energy Act in Ontario in 2009. Each time, local residents, usually in rural areas, have been unsuccessful in meeting the legal test to revoke or change the terms of a permit issued by the province for a wind energy project.
The one exception is the Ostrander Point plan to construct nine wind turbines in an area on the south shore of the county. The Ontario Court of Appeal earlier this year overturned a Divisional Court decision that would have approved the project. The appeal court sent the matter back to the tribunal for a second hearing because of concerns about threats to the safety of the Blanding’s turtle. Read article