More On The Anti-Wind Constitutional Question

WIND TURBINES GO TO COURT - AND WIN!

Robert Knox, Collingwood.

Ontario Highlands Friends of Wind Power

Court File No. 2055/14

ONTARIO SUPERIOR COURT OF JUSTICE, DIVISIONAL COURT

Marrocco A.C.J.S.C., J. Henderson and D. Brown JJ Dixon v. Director, Ministry of the Environment, 2014 ONSC 7404

DIVISIONAL COURT FILES NOS.: 2055/14, 2056/14 and 2073/14

DATE: 2014/12/29

In 2014, a number of people living near proposed wind generation sites in Ontario appealed the Ontario government's approval of these projects to the Ontario Superior Court.

Technically, the appeal is about Ontario's Environmental Protection Act (EPA), the issuing of Renewable Energy Approvals (REAs) for wind turbine projects by the Director of the Ministry of the Environment (the Director) and how Environmental Review Tribunals (ERT) deal with appeals of the Director's decisions.

The substance of the appeal, however, relates specifically and primarily to the impact of the turbines on the health of people living near wind turbines.

The Position of the Appellants:

The position of those making appeals is that the Director's decision and the appeal procedures are unfair because those making appeals are required to demonstrate that wind projects cause serious harm to human health.

Those making the appeal argue, among other things, that Energy Review Tribunal should:

make a "reasonable prospect of harm to human health" the test for projects; apply section 7 of the Canadian Charter of Rights and Freedoms in making their decisions (Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.). allow those appealing Renewable Energy Approvals to demonstrate serious harm to human health from their self-diagnosed symptoms without calling evidence from qualified medical experts. The Government's Position:

The Government's position is that measures are in place to protect the public from any potential harm created by wind turbines - that is, section 7 rights are already protected by government measures - so the onus is on complainants to establish that wind turbines, authorized and regulated by the government, will cause serious harm to human health or to plant and animal life or the environment

The Hearing and Decision by the Ontario Superior Court:

The Appellants asked the Court to make following decisions:

The test for approving a wind project should be whether there is a...