Stay granted to PECFN re Ostrander Point: no site destruction by Gilead prior to mid-October
[Read to the end of this article to check out the FUNdraisers planned by PECFN for the next six week period.]
GOOD NEWS! The Court of Appeal for Ontario has granted PECFN a stay that effectively prohibits Gilead Power from disturbing / damaging the Ostrander Point site prior to mid-October 2014.
At issue was Gilead’s plan to commence site preparation, and possibly road construction, during the month of April, which would have resulted in irreparable damage to the site.
This stay is effectively a “time out” while the Court considers PECFN’s application for leave to appeal the recent decision of the Divisional Court that restored the approved status of Gilead’s 9-turbine wind project.
In its application for an Endangered Species Act permit “to kill, harm and harass Blanding’s turtle”, Gilead committed not to engage in construction work between May 1 and October 15 in any year, the period of highest risk to Blanding’s turtle. Because the Court’s decision on leave to appeal will occur after May 1, the effect is that Gilead won’t be able to start work on the site prior to mid-October.
Of course, if PECFN is granted leave to appeal and is successful in that appeal, there won’t be any construction at all.
Will PECFN be granted leave to appeal? Here is some insight from the Court’s decision on the stay:
“One of the prerequisites of granting the stay was that there is a case to be made for leave to appeal being granted. The threshold for establishing a serious issue for consideration is not high, and I am satisfied the threshold is met here. … PECFN submits that the Divisional Court’s jurisdiction is limited to questions of law; that what the Divisional Court characterized as errors of law are, at best, errors of fact or of mixed fact and law; and that the Divisional Court inappropriately substituted its own view of the record for that of the ERT. The Divisional Court, therefore, failed to afford the required deference to the ERT, a tribunal of particular specialized expertise in the field in question. In my view, there is an argument to be made in this respect, sufficiently serious to meet the first branch of the test.”
- Decision on the stay: http://www.ontariocourts.ca/decisions/2014/2014ONCA0227.htm
- ESA Overall Benefit permit to kill / harm / harass Blanding’s turtle: http://tinyurl.com/o4jpu7f
While the lawyers are running up the legal bills, PECFN continues fund raising in an attempt to catch up. Here are the latest events scheduled:
- Saturday, April 12 [SOLD OUT]. The Gala Dinner and Art Auction sold out in two weeks – much to the delight of the organizers.
- Wednesday, April 30: See Mamma Mia and The African Queen for only $15 at the Regent Theatre, a joint fundraiser with Picton Rotary. Tickets are available from Cheryl Anderson, 613-471-1096.
- Saturday, May 3. A screening of the Bruce Cockburn documentary “Pacing the Cage” at the Active Arts Studio in Rednersville. The evening includes County wine, canapés and sweets – and a performance by the Frere Bothers. Audiophiles will enjoy the opportunity to hear Tenor Audio’s 175 S Pre amp with 350M Mono Blocks driving Tetra’s flagship 606 “listening instrument”. Tickets are $50 at www.saveostranderpoint.org .
- Friday, May 9. Sandbanks Vacations and Terry Sprague combine to provide a unique opportunity to tour the natural areas of the County in a comfortable coach. This is a limited offering – only 12 places are available. The cost for this day long excursion is $100, including a delicious picnic lunch. Reserve by calling Cheryl Anderson at 613-471-1096.