HomeMy WebLinkAboutClinton News Record, 2014-06-25, Page 1820 News Record • Wednesday, June 25, 2014
Turbine project appeals co -joined
and court dates have been set
Special to the News Record
The move to "Unite the
Fight" has advanced another
step. Three local wind
groups, SWEAR (Safe Wind
Energy for All Residents),
HEAT (Huron East Against
Turbines) and HALT
(Huron -Kinloss Against
Lakeside Turbines) have
announced that on Monday,
June 9th, the Falconer law
firm successfully argued to
have their Divisional Court
appeals co -joined. The
groups have been fighting
against the construction of
wind farms near Goderich,
St. Columban and Kincar-
dine respectively. Dates to
hear this appeal have been
set for November 17, 18 and
19, 2014. Falconers LLP is
also seeking a date for a co -
joined stay of the K2, St.
Columban and Armow wind
projects prior to the appeal
in November.
The question arose at the
March 1, 2013 Superior
Court SWEAR (representing
Shawn & Trish Drennan)
hearing as to the ability of
the Environmental Review
Tribunal (ERT) to hear a
question on the Canadian
Charter of Rights and Free-
doms (the "Charter") and
how the Green Energy and
Economy Act and "level of
harm" apply. Justice Dun-
can Grace stayed the pro-
ceeding until such time as a
Renewable Energy Approval
(REA) was granted for the K2
Wind project and an oppor-
tunity to appeal to the ERT
presented itself. SWEAR was
represented by Julian Fal-
coner, a prominent human
rights and constitutional
lawyer.
Project approvals were
granted by the Ministry of
the Environment for the K2,
St. Columban and Armow
wind farms. As directed by
Justice Grace, ERT appeals
for all three approvals were
filed. They were each heard
by the tribunal and denied.
"It is important to note
that not all of the constitu-
tional issues were allowed in
at the hearings", explains
Dave Hemingway, president
of SWEAR. "Justice Grace
gave us a right of appeal to
the Divisional Court on a
question of law if there was
not a proper airing of the
constitutional issues at the
ERT level. We have followed
that course of action and are
happy to be joining forces
with HEAT and HALT as we
move forward."
"The work of putting this
case together has been
ongoing since May 2011. A
substantial record of evi-
dence has been created to
date. We are moving
please recycle
this paper
Join us for another
Summer of Splish-Splashin'
fun at the Clinton Pool!!
Opening Day at the Clinton Pool is Friday,
June 27t'', 2014
• To celebrate the end of school and the beginning of
summer, there will be an afternoon swim from
2:00-4:30 pm on June 27th, 2014!
• Regular Season Hours beginning June 28th:
Monday -Friday 2:00-4:30, 6:30-8
• Saturday 1-5
• Sunday: 12-4
Prices: Adults -$3, Under 18-$2, Wading Pool -1$
• Free Swim Sponsored by the Clinton Racetracks
every Sunday
• Free Swims Sponsored by: Clinton Racetrack
every Sunday, and Tim Hortons every Monday.
Season pass, Lesson and Swim Team Registration:
Contact the pool at 519-482-9298
for information or visit
.centralhuron.com or
ebook Municipality of Central Huron.
forward." states Shawn
Drennan.
Gerry Ryan, president of
HEAT, commented that "at
the heart of the lawsuit is a
challenge under the Cana-
dian Charter of Rights and
Freedoms. If this Charter
Challenge is successful, it
will set a precedent and will
assist all appeals and legal
challenges going forward.
Others can then raise the
same issues and seek the
same relief. Communities
which are dealing with exist-
ing projects could also
receive benefit"
"This action has the
potential to shift the burden
of proof from the need to
prove direct serious harm to
human health to the need to
prove the possibility of harm,
a much lower and more rea-
sonable threshold" says
Kevin McKee, president of
HALT.
Hemingway adds that
there is a broader public
interest being served. "It has
taken time to educate the
public to what is happening
but the understanding is
now clearly there. This case
is for the people of Ontario.
The government says that
massive industrial wind tur-
bine developments are safe.
We, the people, are holding
them accountable. The
Charter is the government's
promise to every man,
woman and child in Canada,
guaranteeing that we will
have security to conduct our
affairs and lives in relative
peace. The government of
Ontario did not exercise due
diligence when crafting the
Green Energy and Economy
Act. A very heavy handed
approach was used. Ontario
citizens should not take
kindly to this type of
governance:'
Keep your
funny -bone
in shape!
Laughing has proven stress -release and
health benefits. Funny how that works, eh?
rwIE'
TU"
xEt
Sat., June 28, at 5pm Sham
Local 4x4 Trucks pull at 20m
Pro & Pro Stock @ 5:00 sh
For all the Action, Loud an ro r
Gotta be here! rir
Paisey on oun y
Don't miss the •
Fun Antique Tractor Pull _ — P
Sun., June 29 at 12pm
See you there!
Groups from across the
province have and continue
to come together to support
this Charter Challenge.
SWEAR, HALT & HEAT
report that they have been
successful in their fundrais-
ing to date. They note that
they have come a long way
and they want to keep going
- right to the Supreme Court
of Canada if necessary. The
groups express thanks to all
who have supported them in
the past. Members of the
public can get more infor-
mation or donate to this
action by contacting one of
the following:
Dave Hemingway: dave-
hemingway@gmail.com
519-482-7005
Gerry Ryan: gerkar@tcc.
on.ca 519-345-2620
Kevin McKee: crowning-
touchfarm@gmail.com
519-396-8110
Clinton Lawn
Bowling
results for
June 12
Sharing a 011,
Healthier
Futurev.tn
PaRTICIPacrlan o
SLEW
2 km south fP ' 1 C t Rd 3
Admission: -
12 yrs. And older $15
6to12yrs. $7
Under 6 Free Admission
Competing $50. Includes 2 passes
more info: www.bruceheritage.com
A¢
Special to the News Record
The first tournament of the season
was held on June 12 with twelve teams
participating. Results were as follows:
1st - Rick Wood, Seaforth and Kay
Johns, Clinton; 2nd - Otto Dannenberg
and Burt Greidanus, Clinton; 3rd -
Peter and Gloria McFalls, Exeter; 4th -
Shirley and Dennis Schmidt, Goderich;
5th - Dave McMaster, Seaforth and
Trudy Hill, Clinton; consolation - Dave
Ducklow and Marilyn Lancaster, St.
Marys. The evening ended with
refreshments and many delicious des-
serts to choose from. A special thank
you to J & J Pharmacy and Desjardins
Financial who sponsored the evening.
To register for our next tournament
on July 2, OLBA members may contact
Betty at 519-482-9966.
classifiedextra.ca