GEA Judicial Review



CCSAGE NATURALLY GREEN has commenced an Application for Judicial Review (JR) of the process by which a Renewable Energy Approval (REA) was issued in Prince Edward County. The Application is for the purpose of asking the Supreme Court of Ontario the following questions:

(A) Is the REA issued to White Pines (wpd Canada) to construct an industrial wind turbine factory of 27 turbines and associated transmission and collector lines the result of institutional bias in the Green Energy Act (GEA) and/or operational bias by the various Ministries?

(B) If the GEA is essential, is it fair to place the burden entirely on the minority who live in rural areas in Ontario?

Two other important issues that will be raised in the process are:

(C) Is the GEA necessary or even desirable?

(D) What will Ontario be like after IWTs cover rural areas and will it be worth saving?

The Application is based on evidence of institutional and procedural bias, infringement of natural justice, and on a denial of rights created under the Charter of Rights and Freedoms in that residents of rural Ontario are discriminated against as turbines will never, ever, be inflicted on urban communities. Evidence is by way of sworn affidavits. Currently some 15 have been prepared by different individuals dealing with various aspects of the allegations. By way of example, the GEA removes powers from Municipalities and takes no meaningful account of the impact on health, endangered species, or local economy, tourism or property and business values, and the affidavits address all these concerns and more.

The Application will eventually be heard by a panel of three Justices sitting in Ottawa. It challenges the GEA, the acts and omissions of the Ministry official who issued the REA, the Ministry permit to kill endangered species and the Ontario Energy Board’s cursory approval of the 28 kilometre long transmission line bisecting the County.

The JR has the potential to help protect all rural Ontario from the continued onslaught of these industrial machines. If you are an organization, coalition or individual anywhere in Ontario who has suffered as a result of actual or threatened installation of turbine projects, you may be able to assist in one of two ways. One, by applying to the Court for status as an Intervenor for which a lawyer is required for those incorporated, and, two, by providing us with an affidavit containing information not otherwise already dealt with.

The main critical dates are as follows:
Oct 16, 2016:  Motions regarding wpd requesting party status, North Frontenac mayor as intervener, were presented.
Dec 30, 2016:  Alan’s arguments convinced the judge to deny WPD full participation in the case, but did grant them intervenor status with restrictions that limit their witnesses, evidence, and examination of witnesses, to the impact of the proceedings on their particular interests. Mayor Ron Higgins was not granted intervenor status but he will include an affidavit in the JR.
June 14, 15, 2017:  Our motion to protect CCSAGE from costs, and one to compel the government agencies to produce the records of their decisions regarding the approval of wpd White Pines and the transmission lines. A motion will be filed by OEB regarding their removal from the case.

CCSAGE argue this is a public interest case, as it potentially affects the over 100 municipalities that have declared themselves “not willing hosts” to turbines, so are asking for protection from cost awards – for both sides.

We await that decision and the response to our request for documents delineating the basis of the government decisions regarding approvals related to the WPD White Pines project, prior to submitting our affidavits – that is over 30 affidavits from individuals across the province.

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