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A new twist on anti-wind litigation: the Charter

Because of the social, environmental, and political importance of reducing carbon emissions and switching to renewable sources of energy, the Environmental Protection Act requires wind opponents to show that a renewable energy project will cause serious harm to human health, or serious and irreversible harm to plant life, animal life or the natural environment. Every case to date has failed to meet this threshold.

Accordingly, the latest anti-wind tactic is to claim that the threshold itself is unconstitutional, i.e. that they have a right, under the Canadian Charter of Rights and Freedoms, to stop all wind turbines within 2 km of their home, without having to prove the probability of harm. See:  Statement of Claim Nov 14. 2012, Drennan v. K2 Wind.

Shawn and Trisha Drennan have requested $4 million in damages plus an injunction to prevent K2 Wind Ontario Inc. from obtaining a renewable energy approval from the Ministry of the Environment for its proposed wind farm in the Township of Ashfield-Colborne-Wawanosh, Ontario. 90 local landowners have leased their land for the project. Mr. and Mrs. Drennan claim that constructing a wind farm within 2 km of their home will create a nuisance, make them ill, and reduce their property values.

An interlocutory injunction is scheduled to be heard on February 6 in Goderich, Ontario. Meanwhile, the province is seeking summary judgment to dismiss the action.

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