Oneida First Nations says Ontario, U.S. wind power developer failed duty to consult
February 17, 2018
The St. Thomas Times-Journal has reported that the Oneida First Nation in the London area of Ontario is not happy with the approval process for a wind power project that saw them left out of the consultation process entirely, while the Chicago-based power developer went to other First Nations, one as far away as north of Lake Superior, near the Manitoba border.
Oneida Chief Randall Phillips says the wind power approval process in Ontario is “not straight up” and is rife with flaws.
The First Nations that did lend their support to the Dutton Dunwich project claimed that they have few if any opportunities to participate in renewable energy projects, and that they saw the project as a way to enrich their community. Meanwhile, members of the First Nation that would be affected by the project were not even made aware it was being proposed.
The Ontario government, as the Crown, has a legal obligation to consult with Aboriginal peoples when it contemplates decisions that may adversely affect Aboriginal or treaty rights.
In 2014, the Fort William First Nation took legal action to show that both the wind power developer and Ontario had failed in their duty to consult over a proposed wind power project. The project was eventually not approved, for a variety of reasons, not least of which were First Nations concerns about consultation and environmental impact.
The “Strong Breeze” project by U.S. power developer Invenergy has gone through the formal application process and is now waiting for Renewable Energy Approval (REA) by the Ministry of the Environment and Climate Change. #MOECC . A referendum held by the municipality showed that 84 percent of resident opposed the project but the Ontario government proceeded with the application-approval process anyway.
Read the entire article here.