Ontario Court of Appeal declines to hear wind appeal; farm families disappointed

Four farm families are extremely disappointed that their application to appeal the wind turbine projects in their neighbourhoods, has been turned down by the highest court in Ontario.

Thursday (May 28), the Court of Appeal for Ontario denied leave to appeal, to the Drennans, Dixons, Ryans, and the Kroeplins, in respect of their Charter Challenge to the current legislation for the approval of wind turbine projects.

 

These farm families had been seeking the opportunity to argue that the Environmental Protection Act provisions, approving renewable energy projects, expose them to a reasonable prospect of serious harm to their health and, therefore, do not comply with the Canadian Charter of Rights and Freedoms, states a press release from the families' solicitor, Falconers LLP of Toronto.

 

The Health Canada Study summary results, released Nov. 6, 2014, showed an association between wind turbine noise and annoyance, and an association between wind turbine noise annoyance and sleep disturbances, migraines, tinnitus, dizziness, and measured blood pressure and hair cortisol, states the release.

 

“We are disappointed with the appeal court’s decision not to hear our case," says Shawn Drennan. "No one has been able to tell us that the turbines are safe. We are being told that we have to wait to be harmed before we can do anything to stop them. The court has given us two choices: leave the land my family has farmed for three generations, or be a guinea pig for the government and the wind companies.”

 

Julian N. Falconer, solicitor for the families, says this decision will leave people, like his clients, who face massive wind development projects across the province, in an impossible position.

"The Health Canada Study has already shown an association between the turbines and serious health effects," he says. "My clients and other families in rural Ontario will now have to suffer these adverse health effects before they can seek any relief from our court system. It won’t surprise anyone that my clients are frustrated with a process that seems to be stacked against them.”

 

While this decision may restrict these farm families from pursuing Charter remedies for these harms, they are committed to exploring the other legal options available to them and to holding both the government and the wind turbine companies accountable for the failure to protect their health.

 

Concerned citizen groups throughout the province remain committed to seeking justice for those in rural communities affected by industrial wind projects.

Meanwhile, the families and associated groups, such as Huron-Kinloss Against Lakeshore Turbines (HALT), are facing court costs handed down by the divisional court after that appeal was decided in favour of the wind companies.

In the Armow Wind case, the Kroeplins are to pay $17,000 in court costs; for K-2, the Drennans face $25,000 in costs; and for St. Columban, the Dixons and Ryans face $25,000 in costs.

These costs were suspended while the appeal was active.