Three appeals of the Ostrander Point ERT decision

Right at the August 2nd deadline, three appeals were launched against the recent decisions of the Environmental Review Tribunal relating to Ostrander Point. The first two were by Ostrander Point Wind Energy LP (alias Gilead Power) and the Ministry of the Environment (MOE) respectively against the Tribunal’s decision, sought by Prince Edward County Field Naturalists (PECFN), to disallow 9 wind turbines on the grounds of serious and irreversible harm to Blanding’s Turtles, an endangered species. The third, by the Alliance to Protect Prince Edward County (APPEC) appeals the Tribunal’s decision dismissing APPEC’s claim that the turbines would cause serious harm to human health.

Dealing with them in reverse order, the APPEC appeal was to be expected, given the evidence provided by several witnesses, described as “credible” by the Tribunal, of serious health problems suffered in close proximity to existing Ontario wind factories and the linking of those problems to the operation of turbines by outstanding medical experts.

The appeal by Gilead Power was also to be expected; it has invested considerable time and resources on its own behalf and for its major investor to secure an above average, Ontario Government (read taxpayer) guaranteed, return over a minimum 20 year period and can afford to retain one of the largest and most expensive of Canadian law firms. If its appeal is successful, it is claiming costs from PECFN, a small not-for-profit which totally depends on the generosity mostly of individual County residents.

The appeal by MOE could not likely have occurred without approval from the Ontario government of which it is a part, specifically of the Cabinet which includes the Premier. It is unlikely that any Ministry or Minister would act on its or his/her own initiative without such approval on a matter of major delicacy and importance. The only implications to be drawn seem to be that the Premier’s efforts to distance herself from her predecessor and her assurances of more cordial relations and cooperation with rural municipalities on Green Energy Act matters are spent. And let us not forget that the salaries of the MOE lawyers are paid by many of those very taxpayers in opposition to MOE’s position.

There are other troubling aspects about Ostrander Point. The Tribunal was not allowed to hear evidence about the devastating cumulative effects on one of Canada’s major flyways which has existed for millennia from turbines existing or planned on Wolfe Island, Amherst Island, Prince Edward County and the mainland to the east, and offshore when the moratorium is lifted. Nor has the Ministry of Natural Resources, the owner of Ostrander Point in trust for Ontario residents, disclosed exactly how much payment it will receive each year from Gilead for each of the nine turbines. And is there not a conflict of interest in one Ministry issuing a permit to Gilead to erect turbines which would facilitate the receipt by a sister Ministry of such payments? And then exacerbating the initial conflict by appealing?

In the world of the Green Energy Act, democracy is paid but lip service. The only prospective ray of light at the moment is that the appeals are to the Divisional Court of the Superior Court of Ontario on alleged “points of law”. Superior Court judges are of a high calibre, federally appointed and completely independent.

If ever PECFN and APPEC needed our help, it is now. Go to their websites to see how we can all step up to the plate.  Their websites are www.saveostranderpoint.org and www.appec.ca .

Garth Manning
Chair, CCSAGE
Wellington

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Posted on August 4, 2013, in Advocacy / politics / legal, Human health, Natural environment, Ostrander Point, Wind turbines. Bookmark the permalink. 11 Comments.

  1. As far as I am concerned, when the MOE is fighting to harm our environment, it is a sign that our system has completely fallen apart, and is corrupt. MOE should be disbanded, and the government should be held to account for corruption that has gone on because of the rich investors in the windscam fighting to defend their perceived right to steal from us with the government’s blessing. We need a HUGE investigation from arm’s length authorities. The corruption is palpable.

  2. MAKE YOUR VOICES HEARD!! Enough is Enough!!!!

    Come to Perth on Tuesday, August 6th – the Premier will be there.

    We are setting up at 5:30 pm to be ready at 6 pm.

    Premier Wynne is to be the guest at a dinner that starts at 7 pm.

    People are rallying.

    Location: Civitan Club of Perth
    6787 Stormont, Dundas and Glengarry 43
    Perth, ON K0G 1B0
    (613) 267-2181
    W: http://www.perthcivitan.org/

    Point of contact is Andrea Cross from APAI – Amherst island
    t: 613 634-9734
    E: amherst4615@gmail.com

  3. PROTEST HELP WANTED……..premier will be in perth,ontario Civitan Hall 6787 County Road 43, just East of Perth (about one hour west of Ottawa)tuesday eve,5pm till 8 for a liberal fundraiser…..join us there?…..please join us in opposition to amherst island,ernestown wind park .ottawa area and ostrander point destruction…..obviously this government isn’t listening,we need to alert the electorate.

    Hello rob —

    You have expressed your opposition to the proposed industrial wind farm on Amherst Island.

    Here’s an opportunity to demonstrate to our new Premier, Kathleen Wynne, how you feel about this plan to change Amherst Island permanently.
    On Tuesday, August 6th, the Premier will be in Perth, Ontario at the Civitan Hall for a Liberal Party fundraiser gala
    The Association to Protect Amherst Island have told me that they will be there to protest the Premier’s arrival so she can see first hand how much of an effect her reckless wind farm policies are having on Ontario’s small and rural communities. I thought you might be interested in joining others from across Ontario to show the Premier yourself that‎ Amherst Island is more important than her political games.
    I have been told by organizers that they will be arriving to protest in the parking lot at the Civitan Hall before 6 pm.
    The Civitan Hall is located at 6787 County Road 43, just East of Perth (about one hour west of Ottawa) – click here for a directions.
    For more information please contact :
    Andrea Cross – amherst4615@gmail.com – 613-634-9734
    I hope to see you there.
    Best regards,
    Randy Hillier, MPP
    http://www.randyhilliermpp.com/

  4. What a farce the system is. I thought that the EBR Tribunal was to approve or disapprove a project, and if it is proven that there will be serious harm to the environment from a project then obviously the project should be cancelled. If democracy means that the wind proponent can appeal a decision then there is no Democracy. And , for the MOE to appeal is disgusting. They should all be fired as they are obviously not doing their job which to work for the people and the environment of Ontario, not for the multinationals feasting at the subsidy trough.

  5. It can’t get any clearer than this that this Government should be called a “rogue Government” that is so out if control and disconnected to the citizenry of Ontario that I believe it could actually have charges of TREASON brought against it IF anyone had enough money and time to spend on it!

  6. The MOE appeal is a bit disappointing. Any link to legal docs yet?

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