Power developer proposes untried remedies to save endangered species in Prince Edward County

January 28, 2017

ERT panel Hugh Wilkins and Marcia Valiante [Photo CountyLive]
The “remedy” hearing for the White Pines wind power project by wpd Canada was held in Wellington, Ontario before a standing room only crowd in the village community centre.

The purpose of the hearing was to allow the power developer to propose mitigation for the endangered Blandings Turtle and the Little Brown Bat, which the Environmental Review Tribunal found earlier would be seriously and irreversibly harmed by the wind power project. This is the first hearing in Ontario at which “remedy” or mitigation has been proposed for the bat species.

A news story by County Live summarizes the day’s events (though not quite the end-of-day fireworks between counsel and the ERT chair), and can be found here. (Fate of County’s South Shore)

The wind power developer was accused by counsel for appellant the Alliance to Protect Prince Edward County (APPEC) of filing too much material as a reply submission, which constitutes “bolstering,”* lawyer Eric Gillespie said. At issue was a new supposed scientific article which was not in original evidence; after an hour of wrangling, the lawyers agreed to remove the article except for one explanatory chart.

The measures proposed by wpd (which is scheduled to propose similar mitigation measures in the case of the Fairview appeal) included special road construction and monitoring for turtles, and heretofore untried methods of altering “cut-in” speeds for turbines, to avoid killing the bats, which are on the edge of extinction in Ontario.

The only real proposal is to cancel the project, Gillespie said: “The only real prevention is zero deaths, that’s what prevention is.”

A key strategy was to institute measures so that animal deaths dropped below the “irreversible” level, the power developer’s lawyers said, and the onus was on the appellants to prove what that is. Not so, said Mr. Gillespie.

Mr. Gillespie was also disturbed that rules of evidence and reply were being ignored; he told the ERT panel that accepting the power developer’s submissions as they were meant the panel was creating new rules, which would affect every other appeal in Ontario, and would certainly be discussed in Ontario Divisional Court.

In the final hour, the lawyers for wpd reviewed for the panel what the wind power developers’ counsel thought their job was, while Mr Gillespie referred to the decision at Ostrander Point and said that environmental protection was a key issue, and the panel’s real role. Gillespie was so insistent on adhering to the rule of law as regards the approval holder’s submissions (“So far from being proper it is not even in the ballpark”) that at one point wpd lawyer Patrick Duffy stood up and exclaimed “Mr. Gillespie, just STOP!”

As the submissions and reply concluded the Chair Marcia Valiante said “We are adjourned” and then wpd counsel interrupted and demanded to know when the decision would be rendered as “we have an important date in April”(if the project is not begun, the contract will end). The Chair said they would do their best to render a decision soon, and she then adjourned the hearing, again.

 

*Bolstering Law and Legal Definition. Bolstering means to build up or support. Bolstering testimony is generally improper. Bolstering testimony is improper when it relates to the witness’s truthfulness on a specific occasion and when the foundational requirements of evidentiary rules are not met.

 

 

Comments

Tracy
Reply

Good job Mr. Gillespie.

Bert
Reply

WPD Canada has donated nearly $14,000 to the governing Liberals ( Kathleen Wynne ) since 2011, according to financial statements on Elections Ontario’s website.

In Ontario we have a huge surplus in electricity generating capacity, and we are a net exporter of electricity. There is no electricity generated from coal in Ontario anymore, there is no justification in building any detrimental wind turbine project in Ontario.

Notinduttondunwich
Reply

Good luck to our DD councillors headed to Toranta today to meet with Energy Minister Glenn Thibeau….. optimistic that with 1822 individually signed letters of protest and an 84% opposition to the Strong Breeze Wind Project targeted for Dutton Dunwich will bring some understanding to the Energy Minister of how the people of Dutton Dunwich really feel about a Industrialized Wind Project being forced on them…

Stan Thayer
Reply

Yeah, yeah, another we’ve been had and we are mad petition. He will shelve that one just like he has the hundreds before all the while thinking, shut up, go home, pay your bill and leave me to ponder where I will retire.
We need some new ideas people!
Stan Thayer

Leave a comment

name*

email* (not published)

website