Medical Officer of Health does not have the authority to stop noxious wind turbines

Just in case we thought the wind turbines would be ordered to be mitigated or shut down  if health problems were noticed in the Huron County Health study – nope that’s not gonna happen. Read the correspondence below and you will realize that it is all just ‘process’, with no action to ‘correct’ on the horizon. Basically more people are just being used as test subjects. That’s it. And that’s flat out unacceptable.

Thanks to Richard Mann, Associate Professor  Department of Computer Science; University of Waterloo for this.


From: Erica Clark
Sent: Friday, May 12, 2017 3:44 PM
Subject: Ability of MOH to write orders against wind turbines under section 13 of HPPA

Hello,

One of the issues the University of Waterloo ethics committee asked us to address was the hope residents had that, at some time, the Medical Officer of Health would be able to write an order curtailing or shutting down the wind turbines. We had already stated in the recruitment materials that the study would not generate sufficient evidence to prove wind turbines cause health problems (establishing causality) but the ethics committee questioned whether we were providing enough information on the limits of the Medical Officer of Health’s authority. To address that concern, we have spoken with individuals experienced in interpreting the Health Protection and Promotion Act (HPPA) specifically, sections 11 (investigating health hazards) and 13 (writing orders). They provided us with the attached documents that outline the limits on the MOH’s authority to write orders.

The first document (Pelletier v Northwestern Health Unit) is the proceedings from an Ontario Health Services Appeal and Review Board and the second (Court File 2006-01-04) is a judicial review of the appeal hearing by the Ontario Superior Court of Justice. Essentially, these documents state that when the Legislature places the authority to regulate with one organization, such as municipal councils or the Ministry of the Environment, the courts do not accept that there was an intention to give the same authority to the MOH under section 13 of the HPPA. The rulings were made when the Northwestern Health Unit MOH wrote orders prohibiting exposure to environmental tobacco smoke (second hand smoke) in several bars and restaurants. At the time the orders were written, exposure to environmental tobacco smoke was (and still is) deemed a health hazard.

Since the Legislature assigned the duty to regulate wind turbines to the Ministry of the Environment and not the health units, the courts will not recognize the authority of the MOH under section 13 of the HPPA to write an order curtailing or shutting down the wind turbines.

I will be putting these documents on the health unit website soon, however, I wanted you to have a chance to read them first. The documents are publicly available at

Thanks

Erica

____________________________________
Erica Clark, PhD
Epidemiologist, APHEO Secretary
Huron County Health Unit
77722B London Rd., RR #5
Clinton, ON N0M 1L0
519.482.3416 ext. 2022
Toll-free 1.877.837.6143
www.huronhealthunit.ca
eclark@huroncounty.ca

21 thoughts on “Medical Officer of Health does not have the authority to stop noxious wind turbines

  1. An open letter to:

    Erica Clark, PhD
    Epidemiologist, APHEO Secretary
    Huron County Health Unit
    77722B London Rd., RR #5
    Clinton, ON N0M 1L0
    519.482.3416 ext. 2022
    Toll-free 1.877.837.6143
    http://www.huronhealthunit.ca
    eclark@huroncounty.ca

    Subject: your correspondence of May 12, 2017

    Ms. Clark:

    In your letter of May 12, 2017, which has been furnished by Professor Richard Mann, you wrote:

    “…the ethics committee questioned whether we were providing enough information on the limits of the Medical Officer of Health’s authority. To address that concern, we have spoken with individuals experienced in interpreting the Health Protection and Promotion Act (HPPA) specifically, sections 11 (investigating health hazards) and 13 (writing orders). They provided us with the attached documents that outline the limits on the MOH’s authority to write orders.”

    What are the names of the “individuals experienced in interpreting the Health Protection and Promotion Act (HPPA)” that you were referring to.

    Please feel free to provide this information on the Ontario-Wind-Resistance.org website at your earliest opportunity.

    Yours truly,

    [shocked and disgusted]

    • The symptoms from smoking may or may not have detrimental affects on your health, but if they do, it will be a long time into the future. Harm from wind turbines is almost immediate, and the effects are far more devastating.

  2. sad and dismayed. I believe that the only way anything will stop these things is 1. stop the money flow, at least in the US
    2. And, a class action law suit with good facts and medical records of before wind turbines, after wind turbines.

    • “2. And, a class action law suit with good facts and medical records of before wind turbines, after wind turbines.”

      Jannie, do you have an evidence that your second idea for how to stop this madness has actually worked?
      If so, could you please provide a link?

      • No, I don’t.. When the wind company was coming to our county we approached the county health department and suggested that people who would be near the wind turbines have a health exam and that way there is actually proof that there has been an impact.

        Luckily they several small town councils pulled any support and then funding fail short & they left (at least for now)

        I believe with facts and and good lawyer it might work. hit them at the pocketbook!!

      • In Huron County people were told that the turbines would not harm them because they were sited far enough away. People believed that so would not have realized they needed to have a medical examination before the turbines started operating.
        However, once the turbines started running the changes in their health became apparent. Neighbours started talking to one another and noticed that they had had ‘episodes’ at the same times as others had…to the hour. They began reporting this to the wind company and municipal leaders. The problems continued, so they expanded the list of people to whom they reported. In an effort to get the MOECC to realize there were distinct patterns, they documented the weather conditions and wind speed at the time when symptoms occurred. In good faith they believed that the wind company and the MOECC would recognize when the atmospheric conditions and wind speed caused the harm they were experiencing. This went on for many months. Eventually they expanded the list of recipients to over 50 people; all off whom were collectively responsible and ought to have worked together to make the necessary changes…to no avail. All emails and responses, or lack thereof were saved as evidence of ‘neglect of duty to protect’.
        Eventually residents held a teleconference with Diane Saxe, the Environment Commissioner, in the hope that she would take action that would lead to their protection, but nothing came of that either.
        The MOECC was ill equipped to even measure audible noise. Officers arrived on the scene long after the reports were made. Eventually, at the request of residents, the MOECC installed onsite, long term equipment at homes, which residents could use inside their homes to record the noise when it was the worst, day or night. These efforts were in vain also because of equipment problems.
        So anyone thinking that the MOECC acted responsibly has been mislead.

  3. “Furthermore, Ms. Clark, in your May 12, 2017 letter, you wrote:

    “We had already stated in the recruitment materials that the study would not generate sufficient evidence to prove wind turbines cause health problems (establishing causality)…”

    Please EXPLAIN HOW YOU RECONCILE YOUR STATEMENT with, for example, the Howe Gastmeier Chapnik Engineers report for the Ontario Ministry of the Environment in 2010, which found:

    “The audible sound from wind turbines, at the levels experienced at typical receptor distances in Ontario, is nonetheless expected to result in a nontrivial percentage of persons being highly annoyed.”

    How is it that HGC Engineers reported to the Ontario government in 2010 that this kind of harm was known to be caused by exposure to industrial wind energy projects, but that your research has been designed to be, as you wrote, “insufficient to prove wind turbines cause health problems”?

    Just what do you think it means, in a “HEALTH PROBLEMS” context, that a non-trivial percentage of persons, including children, are expected to be “HIGHLY ANNOYED”? And in terms that laypersons can understand, please and thank-you.

  4. Thank you ‘shocked and disgusted’!

    The answers to your questions are critically important.

  5. Update:

    As of today (Jun 13, 2017) Huron County Health Board is waiting on University of Waterloo ethics. This is their second application, which was submitted on May 18, 2017.

    Below is a timeline of correspondence. Documents are on my web page.

    Richard
    https://cs.uwaterloo.ca/~mannr/

    Correspondence from Erica Clark, Huron County Health Unit. June 6, 2017. Email (text).

    Correspondence from Erica Clark, Huron County Health Unit. May 23, 2017. Email (text).

    Meeting with Professors George Dixon (VP, University Research), John Thompson (Associate VP, University Research) and others. May 17, 2017.

    Correspondence from Erica Clark, Huron County Health Unit. May 12, 2017. Email (text).

    Correspondence from Erica Clark, Huron County Health Unit. May 2, 2017. Email (text).

    Tri-Council Policy Statement. Ethical Conduct for Research Involving Humans. Link. Submission, University of Waterloo (PDF). Submission, Carmen Krogh (PDF).

    Meeting with Professors George Dixon (VP, University Research) and John Thompson (Associate VP, University Research) Jan 9, 2017.

    Letter to Erica Clark, Epidemiologist, Huron County Health Board. 5 December 2016 (PDF).

    Huron County (Ontario). Health Board Investigation on Wind Turbine Noise. Initiated 7 March 2016. Stalled June 1 2016. HCHU meeting (4 Aug 2016, Transcript (PDF)). HCHU Public meeting (6 December 2016 (Link, Another Link (facebook), Transcript (PDF) ).

  6. Update (16 June 2017).

    University of Waterloo Human Research Ethics Committee (as of Jun 15 2017). Application was submitted by Phil Bigelow (faculty Waterloo) and Erica Clark (adjunct appointee Waterloo and Huron County Health Unit).

  7. Doubting Phil Bigelow’s Ethics
    Evidence from the archives…

    22 February 2012 | Dunville Chronicle | Matt Day
    “University to conduct wind turbine study in Haldimand-Norfolk”

    Professor Philip Bigelow is quoted:

    “We don’t care what the results are. If there are health effects, that’s not a bad thing for us and it will be documented…”

    Bigelow confesses they “don’t care”;
    asserts that health effects are “not a bad thing”!

  8. Update, correspondence from Erica Clark yesterday. I’ve pasted the email chain below. Further information will be posted on my web page as it becomes available.

    Encl: email
    ————–

    Subject: RE: HCHU wind turbine ethics process
    Date: Tue, 4 Jul 2017 20:23:09 +0000
    From: Erica Clark
    To: Richard Mann
    CC: HU MOH , Jean-Guy Albert

    Dear Dr. Mann,

    We did not receive a letter of approval. As stated in my reply below, we received a letter outlining issues the ethics committee would like us to address and we will now work on a response to that letter.

    Thanks

    Erica

    ____________________________________

    Erica Clark, PhD

    Epidemiologist, APHEO Secretary

    Huron County Health Unit

    77722B London Rd., RR #5

    Clinton, ON N0M 1L0

    519.482.3416 ext. 2022

    Toll-free 1.877.837.6143

    http://www.huronhealthunit.ca

    eclark@huroncounty.ca

    We value breastfeeding and are committed to helping parents make informed decisions about infant nutrition.

    This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential or privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy the original message and all copies.

    From: Richard Mann [mailto:mannr@uwaterloo.ca]
    Sent: Tuesday, July 04, 2017 4:10 PM
    To: Erica Clark
    Cc: HU MOH ; Jean-Guy Albert
    Subject: Re: HCHU wind turbine ethics process

    Dear Erica Clark:
    CC: HU MOH, Jean-Guy Albert,

    Re: email of of Jun 26, 2017.

    Thanks for getting back to me.

    Would you please tell me is that letter an approval or are there more steps required before the investigation will begin?

    Also, if you get out of Email contact again, would you please give me the contact information for someone who can answer my further questions.

    As you no doubt aware, this is a matter of utmost urgency, as there are people living under turbines and their associated sound emissions right now. They are urgently awaiting a response on this issue.

    Sincerely,

    Richard Mann, Associate Professor
    Computer Science
    Faculty of Mathematics
    University of Waterloo

    On 07/04/2017 11:19 AM, Erica Clark wrote:

    Dear Dr. Mann,

    We received a reply from the ethics committee last week outlining issues they would like us to address. We will begin working on a response to that letter.

    Thanks

    Erica

    ____________________________________

    Erica Clark, PhD

    Epidemiologist, APHEO Secretary

    Huron County Health Unit

    77722B London Rd., RR #5

    Clinton, ON N0M 1L0

    519.482.3416 ext. 2022

    Toll-free 1.877.837.6143

    http://www.huronhealthunit.ca

    eclark@huroncounty.ca

    We value breastfeeding and are committed to helping parents make informed decisions about infant nutrition.

    This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential or privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy the original message and all copies.

    From: Richard Mann [mailto:mannr@uwaterloo.ca]
    Sent: Monday, June 26, 2017 3:41 PM
    To: Erica Clark
    Cc: HU MOH ; Jean-Guy Albert
    Subject: Re: HCHU wind turbine ethics process

    Dear Erica,
    Have you heard back from Waterloo ethics yet?

    Is there a specific date by which they are expected to reply?

    Thanks,
    Richard

    On 06/13/2017 08:46 AM, Erica Clark wrote:

    Dear Dr. Mann,

    No, we have not had a response from the University of Waterloo ethics committee yet. We will get a response when they have finished reviewing and responding to our letter.

    Thanks

    Erica

    ____________________________________

    Erica Clark, PhD

    Epidemiologist, APHEO Secretary

    Huron County Health Unit

    77722B London Rd., RR #5

    Clinton, ON N0M 1L0

    519.482.3416 ext. 2022

    Toll-free 1.877.837.6143

    http://www.huronhealthunit.ca

    eclark@huroncounty.ca

    We value breastfeeding and are committed to helping parents make informed decisions about infant nutrition.

    This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential or privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy the original message and all copies.

    From: Richard Mann [mailto:mannr@uwaterloo.ca]
    Sent: Tuesday, June 13, 2017 3:07 AM
    To: Erica Clark
    Cc: HU MOH ; Jean-Guy Albert
    Subject: Re: HCHU wind turbine ethics process

    Dear Erica,

    Can you please tell me if you’ve heard back from Waterloo ethics yet?

    If you have not heard back, have you had any indication of when your application will be evaluated, and/or when the response is to be expected.

    Thanks,
    Richard

    On 06/06/2017 11:40 AM, Erica Clark wrote:

    Dear Dr. Mann,

    We responded to the University of Waterloo Human Research & Ethics Committee on May 18, 2017. We have not had a response to that letter yet.

    Thanks
    Erica

    ____________________________________

    Erica Clark, PhD

    Epidemiologist, APHEO Secretary

    Huron County Health Unit

    77722B London Rd., RR #5

    Clinton, ON N0M 1L0

    519.482.3416 ext. 2022

    Toll-free 1.877.837.6143

    http://www.huronhealthunit.ca

    eclark@huroncounty.ca

    We value breastfeeding and are committed to helping parents make informed decisions about infant nutrition.

    This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential or privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy the original message and all copies.

    From: Richard Mann [mailto:mannr@uwaterloo.ca]
    Sent: Tuesday, June 06, 2017 11:26 AM
    To: Erica Clark
    Cc: HU MOH ; Jean-Guy Albert
    Subject: Re: HCHU wind turbine ethics process

    Dear Erica,

    Can you please tell me whether you have heard from Waterloo ethics yet?
    Also, can you please tell me the date you submitted?

    I’m sorry to keep asking you, but the University has not provided me with this information.

    Thanks,
    Richard

    On 05/30/2017 09:05 AM, Erica Clark wrote:

    Dear Dr. Mann,

    We have sent a reply to the University of Waterloo ethics committee and are waiting for a reply.

    Thanks

    Erica

    ____________________________________

    Erica Clark, PhD

    Epidemiologist, APHEO Secretary

    Huron County Health Unit

    77722B London Rd., RR #5

    Clinton, ON N0M 1L0

    519.482.3416 ext. 2022

    Toll-free 1.877.837.6143

    http://www.huronhealthunit.ca

    eclark@huroncounty.ca

    We value breastfeeding and are committed to helping parents make informed decisions about infant nutrition.

    This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential or privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy the original message and all copies.

    From: Richard Mann [mailto:mannr@uwaterloo.ca]
    Sent: Monday, May 29, 2017 6:19 PM
    To: Erica Clark
    Cc: HU MOH ; Jean-Guy Albert
    Subject: RE: HCHU wind turbine ethics process

    Dear Erica,
    (sorry for the previous blank message.
    something happened to my Email, trying to fix it … )

    I am writing to ask the status of the application to Waterloo Ethics.

    Have you (re)submitted yet? If not, do you have a target date to submit.

    Thanks,
    Richard

    From: Richard Mann
    Sent: Monday, May 29, 2017 6:15 PM
    To: Erica Clark
    Cc: HU MOH; Jean-Guy Albert
    Subject: Re: HCHU wind turbine ethics process

    Dear Erica,

    On 05/23/2017 09:26 AM, Erica Clark wrote:

    Dear Dr. Mann,

    We did not seek a legal opinion on interpretation of sections 11 and 13 of the Health Protection and Promotion Act, therefore, we are not providing the names of the individuals we spoke to. The extent of their involvement was to direct us to the Ontario Superior Court ruling on the matter. If you disagree with the information I have provided, you can seek a legal opinion from a lawyer. I have attached the court rulings to this email in case you missed them in the previous email. Both documents are publicly available.

    Thank
    Erica

    ____________________________________

    Erica Clark, PhD

    Epidemiologist, APHEO Secretary

    Huron County Health Unit

    77722B London Rd., RR #5

    Clinton, ON N0M 1L0

    519.482.3416 ext. 2022

    Toll-free 1.877.837.6143

    http://www.huronhealthunit.ca

    eclark@huroncounty.ca

    We value breastfeeding and are committed to helping parents make informed decisions about infant nutrition.

    This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential or privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy the original message and all copies.

    From: Richard Mann [mailto:mannr@uwaterloo.ca]
    Sent: Monday, May 22, 2017 4:01 PM
    To: Erica Clark
    Cc: HU MOH ; Jean-Guy Albert
    Subject: Re: HCHU wind turbine ethics process

    Dear Erica,
    In your message of May 12th (link enclosed below),
    you indicate that you consulted others on the HPPA regulations.

    Will you please tell me the name(s) of those consulted.

    Thanks,
    Richard

    Encl:
    Your letter of May 12, 2017 (now made public on my web site).
    https://www.cs.uwaterloo.ca/%7Emannr/Erica%20Clark%20May12.txt

    On 05/11/2017 04:26 PM, Erica Clark wrote:

    Dear Dr. Mann,

    I am still working on our response to the University of Waterloo ethics committee.

    I will let you know when we have received ethics approval.

    Thanks

    Erica

    ____________________________________

    Erica Clark, PhD

    Epidemiologist, APHEO Secretary

    Huron County Health Unit

    77722B London Rd., RR #5

    Clinton, ON N0M 1L0

    519.482.3416 ext. 2022

    Toll-free 1.877.837.6143

    http://www.huronhealthunit.ca

    eclark@huroncounty.ca

    We value breastfeeding and are committed to helping parents make informed decisions about infant nutrition.

    This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential or privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy the original message and all copies.

    From: Richard Mann [mailto:mannr@uwaterloo.ca]
    Sent: Thursday, May 11, 2017 4:18 PM
    To: Erica Clark
    Cc: HU MOH ; Jean-Guy Albert
    Subject: Re: HCHU wind turbine ethics process

    Dear Erica,

    Can you please update me on the status of your investigation.

    In a previous email you said that you were responding to suggestions from Waterloo Ethics.

    Have you revised/ resubmitted to Waterloo Ethics yet?

    If so, can you please tell me date you submitted and when a response is expected.

    Thanks,
    Richard

    On 05/02/2017 10:46 AM, Erica Clark wrote:

    Hello Richard,

    As outlined in the Tri-Council Policy Statement the role of a research ethics committee is to review the ethical acceptability of research involving human participants and to provide guidance and recommendations to the investigators to ensure the research study adheres to the Policy Statement. The Committee’s concerns are to be focused on the ethical treatment of participants while participating in the study. It is not the Committee’s mandate to speculate about the potential study outcomes or to make a determination if wind turbines are harmful or beneficial. Once the study has received ethics clearance we will continue to share information with the community including any changes that were made to the study protocols based on the Committee’s recommendations. We recognize that the information is of great interest to community members.

    Thanks

    Erica

    ____________________________________

    Erica Clark, PhD

    Epidemiologist, APHEO Secretary

    Huron County Health Unit

    77722B London Rd., RR #5

    Clinton, ON N0M 1L0

    519.482.3416 ext. 2022

    Toll-free 1.877.837.6143

    http://www.huronhealthunit.ca

    eclark@huroncounty.ca

    We value breastfeeding and are committed to helping parents make informed decisions about infant nutrition.

    This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential or privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy the original message and all copies.

  9. Update from Erica Clark, Sept 19, 2017…

    Subject: RE: HCHU wind turbine ethics process
    From: Erica Clark
    Date: 09/19/2017 04:56 PM
    To:Richard Mann
    CC:HU MOH , Jean-Guy Albert

    Dear Dr. Mann,

     

    I received a letter from the University of Waterloo ethics committee today requesting some final wording changes in the study materials.  I will let you know when I send a letter back to the University of Waterloo ethics committee.

     

    Thanks

    Erica

     

    ____________________________________

    Erica Clark, PhD

    Epidemiologist, APHEO Secretary

    Huron County Health Unit

    77722B London Rd., RR #5

    Clinton, ON N0M 1L0

    519.482.3416 ext. 2022

    Toll-free 1.877.837.6143

    http://www.huronhealthunit.ca

    eclark@huroncounty.ca

     

    We value breastfeeding and are committed to helping parents make informed decisions about infant nutrition.

     

    This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential or privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy the original message and all copies.

     

    From: Richard Mann [mailto:mannr@uwaterloo.ca]
    Sent: Tuesday, September 19, 2017 3:49 PM
    To: Erica Clark
    Cc: HU MOH ; Jean-Guy Albert
    Subject: Re: HCHU wind turbine ethics process

     

    Dear Erica,
    Can you tell me if the ethics application you submitted on Aug 9th, 2017 has been heard by University of Waterloo yet?
    In particular, what date was (or is) the application due to be heard?

    Thanks,
      Richard

    On 09/11/2017 09:53 AM, Erica Clark wrote:

    Dear Dr. Mann,

     

    I have not received a reply yet from the University of Waterloo ethics committee.  Yes, I will let you know when I receive a response.

     

    Thanks

    Erica

     

    ____________________________________

    Erica Clark, PhD

    Epidemiologist, APHEO Secretary

    Huron County Health Unit

    77722B London Rd., RR #5

    Clinton, ON N0M 1L0

    519.482.3416 ext. 2022

    Toll-free 1.877.837.6143

    http://www.huronhealthunit.ca

    eclark@huroncounty.ca

     

    We value breastfeeding and are committed to helping parents make informed decisions about infant nutrition.

     

    This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential or privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy the original message and all copies.

     

    From: Richard Mann [mailto:mannr@uwaterloo.ca]
    Sent: Saturday, September 09, 2017 3:40 PM
    To: Erica Clark
    Cc: HU MOH ; Jean-Guy Albert
    Subject: Re: HCHU wind turbine ethics process

     

    Dear Erica,

    It has been one month since your last ethics application was submitted.

    Have you received a reply yet?
    If so, can you tell me when you received it.

    Thanks,
      Richard

    On 09/01/2017 09:46 AM, Erica Clark wrote:

    Dear Dr. Mann,

     

    Our response to the University of Waterloo ethics committee, sent Aug 9, 2017, is being reviewed by the committee.  I do not know what date we will receive a response from the committee.

     

    Thanks

    Erica

     

    ____________________________________

    Erica Clark, PhD

    Epidemiologist, APHEO Secretary

    Huron County Health Unit

    77722B London Rd., RR #5

    Clinton, ON N0M 1L0

    519.482.3416 ext. 2022

    Toll-free 1.877.837.6143

    http://www.huronhealthunit.ca

    eclark@huroncounty.ca

     

    We value breastfeeding and are committed to helping parents make informed decisions about infant nutrition.

     

    This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential or privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy the original message and all copies.

     

    From: Richard Mann [mailto:mannr@uwaterloo.ca]
    Sent: Thursday, August 31, 2017 11:23 AM
    To: Erica Clark
    Cc: HU MOH ; Jean-Guy Albert
    Subject: Re: HCHU wind turbine ethics process

     

    Dear Erica,

    Can you please tell me the status of the ethics application?
    I understand the application was submitted on Aug 9th.

    Can you please tell me,
    – when the Ethics board met (or will meet) to hear the case
    – when you expect to hear a reply.

    Thanks,
      Richard

    On 08/01/2017 08:36 AM, Erica Clark wrote:

    Dear Dr. Mann,

     

    We received a reply from the University of Waterloo ethics committee on June 27, 2017.  We will be sending a response when we have finished addressing the concerns.  We will publish a list of the concerns discussed during ethics review after the process has been completed.

     

    Thanks

    Erica

     

    ____________________________________

    Erica Clark, PhD

    Epidemiologist, APHEO Secretary

    Huron County Health Unit

    77722B London Rd., RR #5

    Clinton, ON N0M 1L0

    519.482.3416 ext. 2022

    Toll-free 1.877.837.6143

    http://www.huronhealthunit.ca

    eclark@huroncounty.ca

     

    We value breastfeeding and are committed to helping parents make informed decisions about infant nutrition.

     

    This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential or privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy the original message and all copies.

     

    From: Richard Mann [mailto:mannr@uwaterloo.ca]
    Sent: Monday, July 31, 2017 4:18 PM
    To: Erica Clark
    Cc: HU MOH ; Jean-Guy Albert
    Subject: Re: HCHU wind turbine ethics process

     

    Dear Erica,
    Can you please update me on the status of the investigation?

    In particular,
    – When did you receive the reply from Waterloo ethics
    – What concerns were raised
    – If/ When you expect to re-submit the application.

    Thanks,
      Richard

    On 07/04/2017 04:23 PM, Erica Clark wrote:

    Dear Dr. Mann,

     

    We did not receive a letter of approval.  As stated in my reply below, we received a letter outlining issues the ethics committee would like us to address and we will now work on a response to that letter.

     

    Thanks

    Erica

     

    ____________________________________

    Erica Clark, PhD

    Epidemiologist, APHEO Secretary

    Huron County Health Unit

    77722B London Rd., RR #5

    Clinton, ON N0M 1L0

    519.482.3416 ext. 2022

    Toll-free 1.877.837.6143

    http://www.huronhealthunit.ca

    eclark@huroncounty.ca

     

    We value breastfeeding and are committed to helping parents make informed decisions about infant nutrition.

     

    This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential or privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy the original message and all copies.

     

    From: Richard Mann [mailto:mannr@uwaterloo.ca]
    Sent: Tuesday, July 04, 2017 4:10 PM
    To: Erica Clark
    Cc: HU MOH ; Jean-Guy Albert
    Subject: Re: HCHU wind turbine ethics process

     

    Dear Erica Clark:
    CC: HU MOH, Jean-Guy Albert,

    Re: email of of Jun 26, 2017.

    Thanks for getting back to me.

    Would you please tell me is that letter an approval or are there more steps required before the investigation will begin?

    Also, if you get out of Email contact again, would you please give me the contact information for someone who can answer my further questions.

    As you no doubt aware, this is a matter of utmost urgency, as there are people living under turbines and their associated sound emissions right now.  They are urgently awaiting a response on this issue.

    Sincerely,

      Richard Mann, Associate Professor
      Computer Science
      Faculty of Mathematics
      University of Waterloo

    On 07/04/2017 11:19 AM, Erica Clark wrote:

    Dear Dr. Mann,

     

    We received a reply from the ethics committee last week outlining issues they would like us to address.  We will begin working on a response to that letter.

     

    Thanks

    Erica

     

    ____________________________________

    Erica Clark, PhD

    Epidemiologist, APHEO Secretary

    Huron County Health Unit

    77722B London Rd., RR #5

    Clinton, ON N0M 1L0

    519.482.3416 ext. 2022

    Toll-free 1.877.837.6143

    http://www.huronhealthunit.ca

    eclark@huroncounty.ca

     

    We value breastfeeding and are committed to helping parents make informed decisions about infant nutrition.

     

    This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential or privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy the original message and all copies.

     

    From: Richard Mann [mailto:mannr@uwaterloo.ca]
    Sent: Monday, June 26, 2017 3:41 PM
    To: Erica Clark
    Cc: HU MOH ; Jean-Guy Albert
    Subject: Re: HCHU wind turbine ethics process

     

    Dear Erica,
    Have you heard back from Waterloo ethics yet?

    Is there a specific date by which they are expected to reply?

    Thanks,
      Richard

    On 06/13/2017 08:46 AM, Erica Clark wrote:

    Dear Dr. Mann,

     

    No, we have not had a response from the University of Waterloo ethics committee yet.  We will get a response when they have finished reviewing and responding to our letter.

     

    Thanks

    Erica

     

    ____________________________________

    Erica Clark, PhD

    Epidemiologist, APHEO Secretary

    Huron County Health Unit

    77722B London Rd., RR #5

    Clinton, ON N0M 1L0

    519.482.3416 ext. 2022

    Toll-free 1.877.837.6143

    http://www.huronhealthunit.ca

    eclark@huroncounty.ca

     

    We value breastfeeding and are committed to helping parents make informed decisions about infant nutrition.

     

    This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential or privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy the original message and all copies.

     

    From: Richard Mann [mailto:mannr@uwaterloo.ca]
    Sent: Tuesday, June 13, 2017 3:07 AM
    To: Erica Clark
    Cc: HU MOH ; Jean-Guy Albert
    Subject: Re: HCHU wind turbine ethics process

     

    Dear Erica,

    Can you please tell me if you’ve heard back from Waterloo ethics yet?

    If you have not heard back, have you had any indication of when your application will be evaluated, and/or when the response is to be expected.

    Thanks,
      Richard

    On 06/06/2017 11:40 AM, Erica Clark wrote:

    Dear Dr. Mann,

     

    We responded to the University of Waterloo Human Research & Ethics Committee on May 18, 2017.  We have not had a response to that letter yet.

     

    Thanks
    Erica

     

    ____________________________________

    Erica Clark, PhD

    Epidemiologist, APHEO Secretary

    Huron County Health Unit

    77722B London Rd., RR #5

    Clinton, ON N0M 1L0

    519.482.3416 ext. 2022

    Toll-free 1.877.837.6143

    http://www.huronhealthunit.ca

    eclark@huroncounty.ca

     

    We value breastfeeding and are committed to helping parents make informed decisions about infant nutrition.

     

    This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential or privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy the original message and all copies.

     

    From: Richard Mann [mailto:mannr@uwaterloo.ca]
    Sent: Tuesday, June 06, 2017 11:26 AM
    To: Erica Clark
    Cc: HU MOH ; Jean-Guy Albert
    Subject: Re: HCHU wind turbine ethics process

     

    Dear Erica,

    Can you please tell me whether you have heard from Waterloo ethics yet?
    Also, can you please tell me the date you submitted?

    I’m sorry to keep asking you, but the University has not provided me with this information.

    Thanks,
      Richard

    On 05/30/2017 09:05 AM, Erica Clark wrote:

    Dear Dr. Mann,

     

    We have sent a reply to the University of Waterloo ethics committee and are waiting for a reply.

     

    Thanks

    Erica

     

    ____________________________________

    Erica Clark, PhD

    Epidemiologist, APHEO Secretary

    Huron County Health Unit

    77722B London Rd., RR #5

    Clinton, ON N0M 1L0

    519.482.3416 ext. 2022

    Toll-free 1.877.837.6143

    http://www.huronhealthunit.ca

    eclark@huroncounty.ca

     

    We value breastfeeding and are committed to helping parents make informed decisions about infant nutrition.

     

    This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential or privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy the original message and all copies.

     

    From: Richard Mann [mailto:mannr@uwaterloo.ca]
    Sent: Monday, May 29, 2017 6:19 PM
    To: Erica Clark
    Cc: HU MOH ; Jean-Guy Albert
    Subject: RE: HCHU wind turbine ethics process

     

    Dear Erica,
    (sorry for the previous blank message.
     something happened to my Email, trying to fix it … )

    I am writing to ask the status of the application to Waterloo Ethics.

    Have you (re)submitted yet?  If not, do you have a target date to submit.

    Thanks,
      Richard

    From: Richard Mann
    Sent: Monday, May 29, 2017 6:15 PM
    To: Erica Clark
    Cc: HU MOH; Jean-Guy Albert
    Subject: Re: HCHU wind turbine ethics process

    Dear Erica,

    On 05/23/2017 09:26 AM, Erica Clark wrote:

    Dear Dr. Mann,

     

    We did not seek a legal opinion on interpretation of sections 11 and 13 of the Health Protection and Promotion Act, therefore, we are not providing the names of the individuals we spoke to.  The extent of their involvement was to direct us to the Ontario Superior Court ruling on the matter.  If you disagree with the information I have provided, you can seek a legal opinion from a lawyer.  I have attached the court rulings to this email in case you missed them in the previous email.  Both documents are publicly available.

     

    Thank
    Erica

     

    ____________________________________

    Erica Clark, PhD

    Epidemiologist, APHEO Secretary

    Huron County Health Unit

    77722B London Rd., RR #5

    Clinton, ON N0M 1L0

    519.482.3416 ext. 2022

    Toll-free 1.877.837.6143

    http://www.huronhealthunit.ca

    eclark@huroncounty.ca

     

    We value breastfeeding and are committed to helping parents make informed decisions about infant nutrition.

     

    This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential or privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy the original message and all copies.

     

    From: Richard Mann [mailto:mannr@uwaterloo.ca]
    Sent: Monday, May 22, 2017 4:01 PM
    To: Erica Clark
    Cc: HU MOH ; Jean-Guy Albert
    Subject: Re: HCHU wind turbine ethics process

     

    Dear Erica,
    In your message of May 12th (link enclosed below),
    you indicate that you consulted others on the HPPA regulations.

    Will you please tell me the name(s) of those consulted.

    Thanks,
     Richard

    Encl:
    Your letter of May 12, 2017 (now made public on my web site).
    https://www.cs.uwaterloo.ca/%7Emannr/Erica%20Clark%20May12.txt

    On 05/11/2017 04:26 PM, Erica Clark wrote:

    Dear Dr. Mann,

     

    I am still working on our response to the University of Waterloo ethics committee. 

     

    I will let you know when we have received ethics approval.

     

    Thanks

    Erica

     

    ____________________________________

    Erica Clark, PhD

    Epidemiologist, APHEO Secretary

    Huron County Health Unit

    77722B London Rd., RR #5

    Clinton, ON N0M 1L0

    519.482.3416 ext. 2022

    Toll-free 1.877.837.6143

    http://www.huronhealthunit.ca

    eclark@huroncounty.ca

     

    We value breastfeeding and are committed to helping parents make informed decisions about infant nutrition.

     

    This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential or privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy the original message and all copies.

     

    From: Richard Mann [mailto:mannr@uwaterloo.ca]
    Sent: Thursday, May 11, 2017 4:18 PM
    To: Erica Clark
    Cc: HU MOH ; Jean-Guy Albert
    Subject: Re: HCHU wind turbine ethics process

     

    Dear Erica,

    Can you please update me on the status of your investigation.

    In a previous email you said that you were responding to suggestions from Waterloo Ethics.

    Have you revised/ resubmitted to Waterloo Ethics yet?

    If so, can you please tell me date you submitted and when a response is expected.

    Thanks,
       Richard

    On 05/02/2017 10:46 AM, Erica Clark wrote:

    Hello Richard,

     

    As outlined in the Tri-Council Policy Statement the role of a research ethics committee is to review the ethical acceptability of research involving human participants and to provide guidance and recommendations to the investigators to ensure the research study adheres to the Policy Statement. The Committee’s concerns are to be focused on the ethical treatment of participants while participating in the study. It is not the Committee’s mandate to speculate about the potential study outcomes or to make a determination if wind turbines are harmful or beneficial. Once the study has received ethics clearance we will continue to share information with the community including any changes that were made to the study protocols based on the Committee’s recommendations.  We recognize that the information is of great interest to community members.

     

    Thanks

    Erica

    ____________________________________

    Erica Clark, PhD

    Epidemiologist, APHEO Secretary

    Huron County Health Unit

    77722B London Rd., RR #5

    Clinton, ON N0M 1L0

    519.482.3416 ext. 2022

    Toll-free 1.877.837.6143

    http://www.huronhealthunit.ca

    eclark@huroncounty.ca

     

    We value breastfeeding and are committed to helping parents make informed decisions about infant nutrition.

     

    This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential or privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy the original message and all copies.

     

     

     

     

     

     

     

     

     

     

     

     

  10. Update, Oct 3, 2017.

    Subject: RE: HCHU wind turbine ethics process
    Date: Tue, 3 Oct 2017 18:04:01 +0000
    From: Erica Clark
    To: Richard Mann
    CC: HU MOH , Jean-Guy Albert

    Dear Dr. Mann,

    We submitted a response to the University of Waterloo Research Ethics Committee today. I do not know when the letter will be reviewed.

    I will let you know via email when we start recruitment for the study.

    Thanks
    Erica

    ____________________________________
    Erica Clark, PhD
    Epidemiologist, APHEO Secretary
    Huron County Health Unit
    77722B London Rd., RR #5
    Clinton, ON N0M 1L0
    519.482.3416 ext. 2022
    Toll-free 1.877.837.6143
    http://www.huronhealthunit.ca
    eclark@huroncounty.ca

    We value breastfeeding and are committed to helping parents make informed decisions about infant nutrition.

    This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential or privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy the original message and all copies.

    From: Richard Mann [mailto:mannr@uwaterloo.ca]
    Sent: Friday, September 29, 2017 4:57 PM
    To: Erica Clark
    Cc: HU MOH ; Jean-Guy Albert
    Subject: Re: HCHU wind turbine ethics process

    Dear Erica,

    I just heard via the media,
    Thursday, September 28, 2017
    Huron Wind Study Awaiting Ethics Clearance
    Huron County | by Fadi Didi
    http://www.bayshorebroadcasting.ca/news_item.php?NewsID=96285

    Can you please tell me,
    – what date did you submit your ethics application
    – on what date is your file scheduled to be heard/ adjudicated

    Richard

    On 09/19/2017 04:56 PM, Erica Clark wrote:

    Dear Dr. Mann,

    I received a letter from the University of Waterloo ethics committee today requesting some final wording changes in the study materials. I will let you know when I send a letter back to the University of Waterloo ethics committee.

    Thanks
    Erica

    ____________________________________
    Erica Clark, PhD
    Epidemiologist, APHEO Secretary
    Huron County Health Unit
    77722B London Rd., RR #5
    Clinton, ON N0M 1L0
    519.482.3416 ext. 2022
    Toll-free 1.877.837.6143
    http://www.huronhealthunit.ca
    eclark@huroncounty.ca

    We value breastfeeding and are committed to helping parents make informed decisions about infant nutrition.

    This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential or privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy the original message and all copies.

  11. Update, 13 October 2017.

    Subject: Re: wind turbine study has received research ethics clearance
    To: Erica Clark ,
    (other recipients names removed …)
    CC: HU MOH , Jean-Guy Albert
    From: Richard Mann
    Date: Fri, 13 Oct 2017 23:33:12 -0400

    On 10/12/2017 11:30 AM, Erica Clark wrote:
    >
    > Hello,
    >
    > Just a quick note to let you know that we have received research
    > ethics clearance from the University of Waterloo for the wind turbine
    > study.  A press release is going out this morning with the date and
    > time of our community meeting (Oct 26, 2017 at 7pm at the Huron County
    > Health Unit).  Once I’ve got the study materials printed and
    > distributed to the Huron County Library branches, a second press
    > release will go out announcing the start of recruitment.  That will
    > occur in the next couple of weeks.
    >
    > Thanks
    >
    > Erica
    >
    Dear Erica,
    CC: Dr M Bokout, HU MOH
    CC: Jean-Guy Albert (HCHU)

    Now that Waterloo ethics has approved your submission, would you please
    send me the materials and the approval letter?

    Also, I would like to attend the October 26th meeting.  Is this open to
    citizens outside Huron County?

    Thanks,
      Richard

    > ____________________________________
    >
    > Erica Clark, PhD
    >
    > /Epidemiologist, APHEO Secretary/
    >
    > Huron County Health Unit
    >
    > 77722B London Rd., RR #5
    >
    > Clinton, ON N0M 1L0
    >
    > 519.482.3416 ext. 2022
    >
    > Toll-free 1.877.837.6143
    >
    > http://www.huronhealthunit.ca
    >
    > eclark@huroncounty.ca
    >
    > We value breastfeeding and are committed to helping parents make
    > informed decisions about infant nutrition.
    >
    > This email message, including any attachments, is for the sole use of
    > the intended recipient(s) and may contain confidential or privileged
    > information. Any unauthorized review, use, disclosure or distribution
    > is prohibited. If you are not the intended recipient, please contact
    > the sender and destroy the original message and all copies.
    >

    • Reminder: all of this effort and all the resources that have been consumed purport to be in fulfillment of the Ontario Health Protection and Promotion Act, Section 11, Duty to Investigate.

      Section 11 states, very clearly, “where a complaint is made… the medical officer of health shall investigate the complaint to determine whether a health hazard exists or does not exist.”

      The HPPA defines “Health Hazard”:
      “(a) a condition of a premises, (b) a substance, thing, plant or animal other than man, or (c) a solid, liquid, gas or combination of any of them, that is likely to have an adverse effect on the health of any person.”

      Looking forward to evaluating, in the context of the big picture that some persons including children are being injured and forced to vacate their homes and endure other hardships, whether the “Study” that Ms. Clark and her colleagues have designed is the most efficient use of limited public resources “to determine whether a health hazard exists or does not exist.”

      Has Ms. Clark retracted her misleading and perhaps fraudulent interpretation of the HPPA, Section 13, “Order of a Medical Officer of Health”, in which she attempted to deny that a Medical Officer of Health has the authority to order “a person to take or to refrain from taking any action,” ” where he or she is of the opinion, upon reasonable and probable grounds, (a) that a health hazard exists in the health unit served by him or her.”?

      How is one to have faith in the future results of a so-called Scientific inquiry, if the Method is Junk?

      • What is the purpose of a local Medical Officer of Health spending tax dollars in a local health unit “investigating” “to determine whether a health hazard exists or does not exist”?

        Throughout years of litigation, judicial review, and ERT hearings here in Ontario, the industry including regulators have taken the position that each project is unique and its impacts must be evaluated separately.

        Isn’t it PREJUDICIAL of Ms. Clark, Dr. Bokout, and their colleagues to take a position that their investigation will not reveal results which compel the local Medical Officer of Health to invoke their authority under Section 13 of the HPPA, to order the operators of the turbines to “refrain” from taking a particular action, for example, not operating turbines at night, etc.

        I think the Complainants will not be satisfied being human lab rats to be observed by the Huron County Health Unit merely for the purpose of “increasing our understanding” of the harm caused by exposure to industrial wind energy projects.

        Decades ago the Nazis experimented on persons to test the limits of human endurance (ie – death). The way the Huron County Health Unit appears to be carrying out their HPPA Investigation seems awfully similar.

  12. Update, Oct 16, 2017.
    Upcoming meeting is open to people outside Huron County, but you need to RSVP.
    Richard

    Encl: email from Erica Clark
    ———————————–

    Subject: RE: wind turbine study has received research ethics clearance
    From: Erica Clark
    Date: 10/16/2017 09:11 AM
    To: Richard Mann , (other recipients removed)
    CC: HU MOH , Jean-Guy Albert

    Dear Dr. Mann,

     

    I will have more information and materials to share soon.  The Oct 26th meeting is open to citizens outside of Huron County and I will add you to the RSVP list.

     

    Thanks

    Erica

     

    ____________________________________

    Erica Clark, PhD

    Epidemiologist, APHEO Secretary

    Huron County Health Unit

    77722B London Rd., RR #5

    Clinton, ON N0M 1L0

    519.482.3416 ext. 2022

    Toll-free 1.877.837.6143

    http://www.huronhealthunit.ca

    eclark@huroncounty.ca

     

    We value breastfeeding and are committed to helping parents make informed decisions about infant nutrition.

     

    This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential or privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy the original message and all copies.

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