Anti-wind turbine group seeks leave to appeal in Charter fight

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li-charter-of-rights-cbcBy Denis Langlois, Sun Times
A group of southwestern Ontario residents is hoping to take to the next level a constitutional challenge of the province’s approval process for large-scale wind farms. The residents, represented by Toronto-based law firm Falconers LLP, are seeking leave to appeal a Dec. 29 decision by the Ontario Divisional Court, which ruled against four families who live close to proposed wind farms and have raised serious concerns about the health impacts of industrial turbines. A decision on whether or not the Ontario Court of Appeal will hear the matter is expected within 30 to 90 days.

“Basically what we’re fighting is setbacks. It’s not necessarily an anti-wind movement. It’s that the setbacks aren’t appropriate to protect the health and safety of people,” said Kevin McKee, president of Huron-Kinloss Against Lakeside Turbines (HALT), which is helping to fund the legal fight. The so-called “Charter Challenge” claims the province’s process for granting wind farm approvals violates the residents’ right to security of the person as guaranteed by the Canadian Charter of Rights and Freedoms.

McKee said an Ontario court has not yet heard or ruled on that claim. “What we’re hoping for is the appeals court of Ontario, which is the next step, will listen to our case, will respect the law and will invoke the Charter,” he said. Read article

20 thoughts on “Anti-wind turbine group seeks leave to appeal in Charter fight”

  1. ‘[excerpt] Shawn Drennan, one of the appellants from the Lucknow area, said a Superior Court Justice ruled in 2013 that Charter and constitutional challenges of the province’s wind turbine approval process should be heard at the Environmental Review Tribunal.

    But, since the ERT disagreed, the “issues that we raised on March 1, 2013, have actually never been addressed by a court,” he said.

    Drennan, whose home in within two kilometres of where 11 wind turbines are proposed to be built and 500 metres from a large transformer station, said there are people in Ontario who are already being harmed by wind turbines and many more that will be negatively impacted once new projects are completed.

    “Along with the constitutional and Charter issues, there are people who are being affected here,” he said, adding the current 550-metre minimum setback from turbine to home in Ontario is not enough.

    McKee said the Charter challenge has cost the community groups about $700,000 — mostly in lawyer’s fees — so far.’

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  4. Ya, no conflict of interest there.
    They always get away with that and nothing is ever done.

    Barbra you should be making big bucks finding countless crooks, where’s the whistle blowers paid to do this ?

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    • Barbara has contributed valuable archival information. The groundwork for piecing together information that would compile an investigation is accessible. Who would take this information into a legal case? At some point this will be a part of the resolution to this debacle in rural Ontario.

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      • Taking this information to the courts would be a step towards a resolution. This will never happen. It is not possible. The network is too big.
        I have my prayers. This they cannot take. I trust this will take me to a much better place; a place that I will not see the likes of the money hungry thieving bastards.

  5. It may be that I’ve missed it but I haven’t heard a peep from the Green Energy zealots regarding the free-fall price of oil. Are they conflicted about this? Does a bear … in the woods?

    Lower fuel costs result in more frequent use of vehicles in general, a trend towards larger trucks and SUVs and less interest in hybrid or electric cars. Hence, more exhaust.

    Less oil sands production equals a reduction in emissions into the atmosphere, however the trade-off is more unemployed, including a significant number of First Nations workers.

    The current economic state may or may not affect the re-election prospects of the Harper government.

    One thing is certain, however:

    The usually talky and preachy Green Energy promoters WILL NOT be telling the public that they should not be enjoying the lower price of gasoline.

    For Suzuki et al, that would amount to green suicide.

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  6. More misrepresentations and obfuscations from the CBC:

    “Families hoping Ontario’s top court will hear their fight against wind farms”
    By Colin Perkel, The Canadian Press Posted: Jan 21, 2015 6:10 PM ET Last Updated: Jan 21, 2015 6:26 PM ET

    http://www.cbc.ca/news/canada/kitchener-waterloo/families-hoping-ontario-s-top-court-will-hear-their-fight-against-wind-farms

    ‘[excerpt] In its ruling, the Divisional Court panel found the review tribunal had made no errors after considering evidence related to the turbines.’

    No opportunity for comments on this CBC article.

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  7. For example, in its ruling, the court found the tribunal made this error (and it’s serious):

    from the decision, paragraph 27:

    “[27] In none of the three hearings which are the subject of these appeals did the Tribunal confirm the Director’s decision. Nor did the Tribunal expressly determine “that engaging in the renewable energy project in accordance with the renewable energy approval will not cause [serious harm to human health]” as required by EPA s. 145.2.1(5).”

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