June 24, 2015
1709
RE: Kroeplin-Armow Wind appeal denied
Dear Neighbour:
May 28, 2015, without explanation, the Ontario Court of Appeal denied us leave to appeal the Divisional Court decision on the Armow Wind, K2 and St. Columban industrial wind turbine developments. This brought an abrupt ending to the Kroeplin, Drennan, and Dixon-Ryan constitutional challenges of the current provincial legislation for wind turbine project approvals.
Our communities worked very hard and pulled together to protect our families – our health and safety and our rights – and we are frustrated and disappointed that our voices will not be permitted to be heard in the higher court.
All of our efforts were not in vain, however. People from communities all across Ontario in addition to ours, including 14 different community groups and the County of Lambton, came together at Divisional Court in November, 2014, bringing truckloads of relevant information connecting health concerns to the proximity of wind turbine operation, together with fresh evidence and unflagging support.
The Divisional Court was compelled to acknowledge the strong public interest component of the case. All of the work done and the important information assembled for our Charter Challenge can be used by other groups in their respective battles. The situation in Ontario is intensifying and as new data and evidence become available, the Charter Challenge is destined to arise in court again.
Most unfortunate in the defeat in court, however, is that the appellants are now obliged to the wind companies to pay the court costs, totalling $67,000. The costs, though reduced, are significant, especially in light of the enormous expenses incurred to fund the respective MOE (Ontario Ministry of the Environment) Tribunals, to hire experts and bring witnesses, to research the information and hire legal counsel – all requirements to getting to Divisional Court.
The cost to the appellants now seems an insurmountable sum to have to pay to the wind companies, especially in the context of this defeat and disappointment, but we must ask for your help. Please donate to help with the burden of the costs, on-line at http://halt-safe.ca/, or by cheque payable to HALT.
We would like to thank everyone who supported the Charter Challenge – thank you for your moral support, your financial support and your encouragement to continue, despite the deck seeming to be so blatantly stacked against us. We can all be proud to say that we did everything we could do in defence of our community, with dignity and with fair respect for our legal system.
Sincerely,
HALT-SAFE Armow
President Kevin McKee, RR 5, Kincardine, ON N2Z 2X6
Vice-president Deborah Morris, 268 Gordon St., Kincardine ON, N2Z 2H8
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