CCSAGE update on legal proceedings
In enacting Bill 2 and Bill 34 the new Ontario government has delivered much of the relief sought by CCSAGENG in its Application for Judicial Review pending in the Divisional Court in Ottawa as Court File 15 – 2162 styled CCSAGE Naturally Green v Director, Environmental Protection Act and Minister of Natural Resources and Forestry (the “JR”).
However, one result of these recent enactments is that CCSAGE is compelled to amend much of its court proceeding.
Schedule 2 of Bill 2, the White Pines Wind Project Termination Act, § 5(1) (d) of
the Act provides that no cause of action arises against the Crown…as a direct or indirect result of…any…conduct that is related, directly or indirectly, to the White Pines
Wind Project and by § 5(5) any such proceeding already commenced is deemed to
have been dismissed, without costs, on 25 July 2018.
To the extent that CCSAGENG sought judicial review of the decisions to issue the REA and species harassment permits that allowed construction of the White Pines Project, those permits having been cancelled, there is no decision left to review.
However, with respect to the Industrial Wind Turbines already in operation across Ontario, the following issues raised in the JR remain unresolved:
was the statutory scheme in violation of constitutional rights and international treaties;
were the administrative procedures biased and in breach of natural law; and
were administrative decisions institutionally and operationally biased in favour of the proponents.
CCSAGE has filed in the Court a Record consisting of 14 Volumes of evidence from dozens of rural inhabitants across Ontario demonstrating that under the GEA statutory scheme the relevant ministries violated the constitutional rights of rural residents, ignoring their interests and their environment by following an inflexible policy of approving renewable energy projects without regard for rural economies or the health and property rights of rural residents. The damage inflicted includes health hazards making abutting properties uninhabitable, sterilization of use of abutting properties, ruin of water tables, violation of economic interests, and disruption of fragile rural economies.
In a news release dated 20 September 2018 announcing the legislation to repeal the GEA, Monte McNaughton is quoted as saying: ”The Green Energy Act allowed the previous government to trample over the rights of families, businesses and municipalities across rural Ontario”.
There are over 2,500 Industrial Wind Turbines (“IWTs”) installed while the GEA was in effect that continue to operate in Ontario. The rights of the families, businesses and municipalities on whom this mandatory industrialization has been inflicted continue to be trampled and Bill 34 does nothing to change this.
The extensive Record of evidence filed in the legal proceeding CCSAGE v. Director, et al. in Ottawa Court file DC 15-2162 provides evidence that IWTs:
have been erected in breach of mandatory geographic setbacks and noise limits
emit infrasound and electromagnetic pollution that causes illness in residents
render homes unfit for habitation
create “dirty electricity” that impedes livestock operations
pollute waterways and ground water with soil, shale and poisonous minerals
sterilize adjacent lands by preventing building within their setback shadow
vandalize roads, landscape, habitat and species on abutting lands during construction
open gravel pits, build wharves and erect cement batching plants without any environmental studies
incur fires, tower collapses and other dangers to residents of abutting lands
depreciate the market value of abutting lands or render them unsaleable
The shame of this environmental degradation is that the former Ontario government was complicit in it. Voters in the recent provincial election looked to the PC Party to restore their rights and remedy these wrongs.
CCSAGE is faced with amending its court proceedings to eliminate the claim for judicial review and have the issue of the constitutionality (or otherwise) of the GEA referred to the Superior Court of Ontario. Back in July when Bill 2 was enacted we asked the court to consider these changes. As in the past, the court has failed to respond on a timely basis. Our next appearance before the court is scheduled for 21 February 2019. CCSAGE is not giving up.