Superior Court decision states Charter Rights must be considered in SWEAR case

SWEARView Decision: Drennan v. K2 Wind Ontario Inc.
A long awaited decision has been reached in the SWEAR (Safe Wind  Energy for All Residents) case, which resulted in Justice Duncan Grace staying the proceeding until such time as a Renewable Energy Approval (REA) is granted for the K2 Wind  project. SWEAR was represented  by Julian  Falconer, a prominent human rights and  constitutional lawyer.

“This is not a dismissal of the proceedings, only a delay  until after an REA has been issued” explains Dave  Hemingway, President of SWEAR.

The question arose at the hearing  as to the  ability of the Environmental  Review Tribunal (ERT) to hear a  question on the Canadian Charter  of Rights and Freedoms  (the “Charter”) and   how the  Green Energy and Economy Act and “level of harm” apply.

“This is  very important”says plaintiff, Shawn Drennan. “If the Green Energy Act and its legislation are found to be in  violation of the  Charter, the  burden  of proof   shifts from having  to prove  serious harm to human health  to the  possibility of harm,  a much lower threshold.”

The Drennans, members  of SWEAR, stepped forward in 2012  to be the named persons
on the lawsuit. Although the Drennans’  name is  widely known in this case, Hemingway adds that there is a broader public interest being served. “It has taken time to educate the public to the fact that this case is not personal to the Drennans, but the understanding is now clearly there. This case is for the people  of Ontario who want safe wind energy in their communities and beyond. The government says that  massive  industrial wind  turbines are safe. We, the people, are holding them accountable.”

According to Hemingway, the greater issue is the Charter Challenge, specifically Chapter Seven,  which guarantees  the security of the individual. “The Charter is the government’s promise to every man, woman and child in Canada, guaranteeing that we will have security  to conduct our affairs and lives in relative peace.  The government of Ontario did not exercise due diligence when crafting the Green Energy and Economy Act. A very heavy handed approach was used. Rural Ontario does not take kindly to this type of governance.”

SWEAR is currently fundraising  to cover the ongoing legal costs of this case and would  like to thank everyone who has supported the case to date

For more information contact: Dave Hemingway (press contact only)
President, SWEAR
519-­‐482-­‐7005
davehemingway@gmail.com

9 thoughts on “Superior Court decision states Charter Rights must be considered in SWEAR case

  1. Finally, the issue of the GEA and the Charter can be adjudicated. Wynne-lose and McGuilty have always said the GEA was a case of the greater good over local concerns; but the Charter says local (individual) rights can trump the greater good. In any case, how wil the gov’t show its GEA serves the greater good when electricity supply exceeds need, AND can be provided by other less costly and more efficient and safer means.

  2. “This case is for the people of Ontario who want safe wind energy in their communities and beyond.”

    Hopefully this is just an unfortunate choice of words. At the very least it is confusing…?

  3. This is for the people who want SAFE wind energy???? Apparently they haven’t been reading the latest peer-reviewed literature, proving that they are NOT safe. Not good for anyone….anywhere!

  4. The recent turbine fire a few miles down the road from Drennan’s farm has never been explained by anyone. That a relatively new turbine can catch fire and simply be allowed to burn out as no equipment exists to fight it, should indicate they are anything but safe.It doesn’t take much to imagine the havoc on a windy night, with dry wheat fields and buildings vulnerable to sparks from 400′ towers.The government of Ont position on this is what exactly?

    • Unknown to rural folks but people near Goderich should be contacting the Ontario Fire Marshal’s office for information on this fire.
      IWT fires can create dangerous conditions for people living near them.
      Also did the local fire department have any protocols for dealing with IWT fires?

    • I’ll call the U.N. in the morning – and ask them – what Ontario’s position is.
      I hope I don’t get a slap in the face.
      …..someone is purposely misleading us – on safety

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