Deborah Van Brenk, London Free Press
Health safeguards are “baked right in” to the Ontario process for wind turbine applications, a lawyer for the province said Wednesday. Lawyer Matthew Horner told a panel of three judges Wednesday it’s not correct to suggest the province is violating turbine neighbours’ constitutional right to live free from government harm.
“The safety aspect is baked right in with the regulations . . . instead of an ad hoc, application-by-application process,” Horner said. He disputed lawyer Julian Falconer’s argument that the province’s approvals process is unconstitutional.
It’s the first anti-turbine case with a constitutional challenge to reach Ontario divisional court. And it’s being watched throughout Ontario, where thousands of turbines are in place or planned. Many of the 50 people in the courtroom had driven through snowstorms from Huron, Bruce and Lambton counties or stayed overnight in hotels to hear the third day of arguments. Clinton-area farmer Luke Schilder, for example, started his barn chores at 4 a.m. and was at court for 11 a.m. in the hope of hearing he might not have to put up with proposed turbines near his farm. Read article