Former University Dean of Medicine, member of the Order of Canada, and published researcher owns property in Prince Edward County, WPD counsel says, alleging conflict of interest
November 17, 2015
Day Seven of the Environmental Review Tribunal (ERT) began expert witness testimony on the health effects of the White Pines wind project.
The first order of business, however, was the Tribunal’s decision on the two environmental reply witnesses proposed by appellant APPEC. Chair Marcia Valiante ruled the witness statements partially admissible subject to objections over “bolstering” and “originality” of evidence.
Then the hearing turned to the first of the health experts called by APPEC. Christopher Hanning, MD, qualified as “a physician with expertise in sleep medicine and physiology,” said wind turbines are “inherently noisy and cause sleep loss” because the characteristics of amplitude modulation and low-frequency sound make them much more annoying than aircraft, railways, and road traffic. Citing anecdotal and epidemiological studies, he explained that 15 percent of the population is sensitive to noise and “people are caused serious harm with current minimum setbacks.” He argued that the level of proof which dissenting experts require is inappropriate and that the Precautionary Principle should be used to protect public health. If adverse effects occur up to 1.5 km, this is incontrovertible evidence that the Ministry of Environment and Climate Change (MOECC) setback is inadequate.
After completing the examination in chief, Eric Gillespie, APPEC’s counsel, asked how the Tribunal would assess 118 sources in a 69-page witness statement since Dr. Hanning had been able to comment on only a few due to the Tribunal’s tight timelines.
Chair Valiante replied that the Tribunal had established rules based on standard practice and Gillespie would have to appeal these in a judicial review.
James Wilson, WPD counsel, questioned Dr. Hanning’s qualification to testify as he is not an acoustician. Dr. Hanning told the ERT that having spent his entire professional life studying sleep it is apparent to him that any noise causing an adverse health effect constitutes serious harm to human health. He said he relies on the World Health Organization definition of annoyance. If people are annoyed to the extent they are forced to leave their homes or are too tired to drive, the annoyance is serious harm.
The second health expert called by APPEC was Dr. Robert McMurtry, whom Gillespie sought to qualify as a physician and surgeon with expertise in the delivery of health care, heath care policies and health policies. Gillespie noted that Dr. McMurtry had been so qualified at previous ERTs, and he pointed to a long and distinguished career in medicine, invited testimony this year before the Australian Senate, and peer-reviewed publication in the Journal of the Royal Society of Medicine on health effects in the environs of wind turbines.
But Wilson objected to the qualification of Dr. McMurtry. He submitted that as a homeowner in the White Pines project area Dr. McMurtry was not an independent witness, had a personal financial interest, and should not be permitted to give opinion evidence. Gillespie responded that at this time Dr. McMurtry has no financial interest in anything. He noted further that Dr. McMurtry’s opinion has been relevant at other hearings and is important for the Tribunal to hear.
The Tribunal agreed to qualify Dr. McMurtry as an Expert Witness and decided that due to the lengthy process of qualification his testimony would be given the next day.
The ERT resumes Wednesday, November 18, 10 a.m. at the Essroc Centre, Wellington.
6 Comments
Pat Cusack
Not happy that the German-owned turbine blade company in Welland has had to lay off people, but perhaps they should have thought twice before working there. Easy to say when jobs are scarce. What is to be done now with all the inventory? And the ex-employees get compensation only till the end of January? For shame.
Barbara
Add this too:
BlackBurn News, Nov.15, 2015
‘Wind Turbine Pitch Tactics Worry Essex’
“The Town of Essex is looking to its MPP over concerns with the tactics used by wind turbine companies to get residents on board with wind projects.”
http://www.blackburnnews.com/windsor-news/2015/11/15/wind-turbine-pitch-tactics-worries-essex
Well and good to complain to QP but otherwise protect yourselves with other already existing laws to deal with this situations such as this.
Barbara
Post property with No Trespassing and NO SOLICITING signs.
Hang up on phone calls or record phone calls.
Barbara
AmbientLight
Ontario Trespass to Property Act
http://www.ambientlight.ca > Select: The Laws > Ontario > Trespassing
Website has information on trespassing in Ontario. General information website about laws.
And it’s a photography website so photography trespassing is also included as to what can and cannot be photographed which issue has come up from time to time.
Lynda
“But Wilson objected to the qualification of Dr. McMurtry. He submitted that as a homeowner in the White Pines project area Dr. McMurtry was not an independent witness, had a personal financial interest, and should not be permitted to give opinion evidence.”
Why should Wilson worry about homeowners in the project area. He and his cronies are saying that turbines DO NOT affect property values. Hmmm..are they hiding something?
ScepticalGord
Wind turbine pushers claim that IWT projects actually INCREASE property values in the surrounding area.
So, according to them, Dr. McMurtry’s “financial interest” is biting off his nose to spite his face.
Only a wind dick’s counsel would see any merit in pursuing this bizarre and desperate attempt to discredit a witness.