Revelations shock Ostrander Point ERT

The little turtle that is exposing Ontario's nasty wind power approval process
The little turtle that is exposing Ontario’s nasty wind power approval process

MNR manager accused of being advocate for power developers, not the environment

October 29, 2015–

The appeal of the wind power project at Ostrander Point, on Prince Edward County’s South Shore, an Important Bird Area, and home to the endangered Blandings Turtle, continued yesterday in Ameliasburgh, where revelations from the Ministry of Natural Resources witnesses shocked those attending.

Here is a report from the Appellant, the Prince Edward County Field Naturalists (PECFN):

This day was spent in arguments. It began with a motion from Eric Gillespie to demand the release of all the documents from Joe Crowley and Karen Bellamy.  The MOECC witnesses had previously been requested to release documents; however, it became evident during Ms Bellamy’s witness qualification that some documents released by freedom of information requests had not been released as a result of the Tribunal order and then it seemed that other documents that should have been released were not. 

The question of the release of these documents was argued almost through the entire day.

The other matter of contention was exactly what Ms. Bellamy was allowed to be examined about.  The Tribunal had made a decision that Ms. Bellamy’s evidence would only be related to fact.  No opinions could be part of her evidence.  As a result it was necessary to go through her whole witness statement to make a decision about which items would be heard and which would not be heard.

Finally, at about 4:20 pm the examination of Ms. Bellamy began. Ms. Bellamy responded to questions from Ms. Kromkamp of the MOECC about the Impact Monitoring Plan, Adaptive Management and the Endangered Species Act all as they related to the permits for Ostrander Point. With a brief break at 5 pm so that Eric Gillespie could postpone a previously arranged teleconference Ms. Bellamy was on the stand until 6 pm.  Her cross examination by Mr. Gillespie and Mr. Paliere of South Shore Conservancy will proceed when the Tribunal resumes.

The Tribunal was adjourned until such time as the documents are released and counsel has an opportunity to look at them. The decision about whether to resume the hearing on Friday will be made in a teleconference tomorrow. [Thursday October 29]

So the issues here are:

  • why did the MOECC and the MNR not release documents, when they were directed to do so by the Environmental Review Tribunal panel? They were only caught out in this because citizens had spent money to do Freedom of Information requests, and possessed important and relevant information.
  • Bellamy, an executive with the MNR, revealed that the MNR was aware of the advice of at-risk species expert Joe Crowley but chose to ignore it; she appears to have acted alone to determine to give a permit for the power project, but received “thanks” from the MOECC for helping push the power project through. (The relationship between the MNR and the power developer was apparently so cosy that questions were raised as to whether Ms Bellamy had a “personal relationship” with the contact person for the wind power developer, due to the nature of the emails revealed.)
  • Lawyer Eric Gillespie accused Karen Bellamy of not acting as an advocate for the environment and wildlife as she is supposed to do but rather, acting as an advocate for the proponent.
  • Mr Gillespie also accused the MOECC of stringing out the proceedings and not producing relevant documents over the course of three years and now five separate legal hearings. Costs to the appellants will be an issue, he said.
  • Will the revelations here have an impact on other appeals held in the past, where documentation was also not produced or revealed to the Tribunal?

Ostrander Point, once all about a little turtle, now shares concerns with the lawsuit by Mesa Power vs Canada, in which it is alleged that the government contracting process for wind power is “arbitrary” and political; issues such as the role of the MOECC’s so-called “iterative process” (in which the Ministry and the wind power proponent work together to make changes to the project so it can proceed, often without public oversight or notice, as in the Gunn’s Hill project) are also being called into question.

It was not certain on Wednesday whether the proceedings would resume as planned, but in a teleconference held Thursday afternoon, the Parties decided the hearing will continue on Friday, October 30, in Demorestville.

To support this critical legal action, please go to www.saveostranderpoint.org

ToughonNature

 

 

Comments

Mike Jankowski
Reply

My family and I thank the people who continue to put up this tremendous fight against all odds. In my dealing with the MoE&CC, I have found their permitting and enforcement procedures and guidance to be glaringly lacking. Also, as a person, I know that large Wind Turbines can harm people. I did my best to ignore the moderate “Whoom, whoom – Whoom, Whoom, whoom” from the HAF Wind Farm which woke me up at 3 am. (Ask my wife, it takes a significant event to wake me up.) The issues;
– Are not outside homes, it is inside
– Not only audible frequencies, also lower infrasonic frequencies
– Not just level, but pulsating, repeated characteristics
– Depend upon the design of the home
– Depend upon Wind direction
– Depend upon a person’s susceptibility to infrasonic exposure

I’ve worked in steel and corrugated container factories. I’ve driven truck and lived on the corner of a busy intersection across from a Truck Lot and worked on moving platforms – none of this has ever caused issues of health and wellness to me. But large Wind Turbines are.

We need to keep up the fight to protect the 5-30% who will be impacted. It is not easy to detect, in fact, it is quite difficult. Problem is, the MoE&CC is not looking specifically into the broader issue and it requires resources to do so.

ann adams
Reply

Mike…I live on Amherst Island where we are still fighting a turbine proposal.
Your comments about infrasound are only too familiar!
Which project is affecting you?
Would you mind forwarding your note to me for more distribution?
Thanks

Mike Jankowski
Reply

Hello Ann,

It is the HAF Wind Farm in West Lincoln, ON. The noise/vibration is very intermittent and most times quite subtle. It alone does not really bother me, it is the issues which do and I know why they’ve happened to me. If you are looking for the comment I just posted, you can place your mouse just before the first word, click and hold your left mouse button as you move to the last word (The text will turn blue), right click on it, choose “Copy”, then start a new email or document, right-click in the message or document body and choose “Paste”.

You can also reach my through https://wlwag.com and use the Contact form.

Thank you,
Mike

Lynn Kitchen
Reply

Thank you for sharing your thoughts. You are certainly correct that the broader issues are not even being concidered.

NIABY
Reply

*** And in addition to the allegations cited above
by T. Boone Pickens
in Mesa Power v. CANADA,

Ontario electricity decision-making
was also described as

“DISHONEST”!

Sommer
Reply

The reporting on this trial is excellent! Thank you!

The parallels to tactics used in other communities and other Tribunals are possible to discern when this kind of reporting is made available.

Also, thanks to Mike Jankowski for your honesty. It continues to amaze me the the MOECC and the people at local Health Units, in charge of environmental issues, do not realize that the turbines themselves have ruined our environment and are causing illness.

They will all use the rationale of saving the planet from catastrophic climate change, when we now know that there is no evidence that industrial scale wind turbines are going to make a difference, but will in fact put serious financial strain on many more people and businesses because of higher energy costs. The ethics of this situation are deplorable!
What’s happening with the REDA issue? Does anyone know?

Barbara
Reply

There are also questions about the Pension fund Board member who is also with MNR which could indicate access to insider information?

Sommer
Reply

Behind all of the legal proceedings regarding industrial wind turbines is this issue: http://wattsupwiththat.com/2015/10/26/who-will-watch-the-watchmen-a-reply-to-lord-carnwath-and-philippe-sands-qc-on-climate-change-and-the-law/

This story should have hit the MSM but it still hasn’t. In the meantime, we all need to know what’s happening in the U.K., regarding the rationale for making such a mess of our environment here in rural Ontario as well.
I maintain that until judges are forced to realize the truth about the inefficacy of industrial wind turbines to mitigate climate change, then we will continue to see the courts as complicit in the stifling of scientific revelations regarding IPCC computer modelled data. This data was used to predict climate catastrophe and this alarmism was /is being used in order to force us to accept the ‘green’ agenda despite the harm it has done/is doing to our environment.

Barbara
Reply

Events closer to home, the U.S. will have much more impact right now on Canada than the affairs in the U.K. Even though they are outrageous.

Maybe most people around the world think that the U.S. president runs the country. He does not. He is only in charge of the executive branch.

The Congress, House and Senate, runs the U.S. The president can’t make laws or spend money, or make treaties.

And the House has to stand for re-election every two years. So the House is on a short-leash to the people.

Barbara
Reply

The recent affair regarding judges in the U.K. likely wouldn’t fly in Canada and the U.S.

Éva Little
Reply

We should be asking similar questions of Councillor Bresee! I have heard that he has and/or is working at St. Lawrence in the turbine department. We need him to confirm or deny, and specify his role and influence. Is there a conflict of interest? If so, he should not be voting.

ann adams
Reply

Yes, worth checking out… I doubt he’s currently involved.

Leave a comment

name*

email* (not published)

website