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Field naturalists confirm they’ll go back to court

The Prince Edward County Field Naturalists (PECFN) gave notice to Gilead and the Ministry of the Environment (MOE) of its intention to request leave from the Ontario Court of Appeal to appeal the Divisional Court ruling that overturned the Environmental Review Tribunal success.

PECFN’s Chery Anderson said the Appeal Court registrar is to receive PECFN’s notice of intention Wednesday, March. 12.

“Over the next month PECFN will be preparing our legal arguments in consultation with other environmental groups.  By mid May all parties will be submitting their motions to the Appeal Court for consideration,” Anderson said. “Three judges of the Appeal Court will then consider whether to allow our appeal.  That consideration could take several weeks.  If and when leave to appeal is given, a court date will be established and that, again, will be sometime in the indeterminate future.”

Lawyers assembled in Osgoode Hall Jan. 21-23 to hear the arguments of the Ministry of the Environment and Gilead Power against the Environmental Review Tribunal ruling that revoked the minister’s approval of the nine turbine project planned for Ostrander Point, on the south shore of Prince Edward County.

The decision of the Divisional Court received Thursday Feb. 20 was that the tribunal erred in its ruling.

Unless appealed, the decision will result in the industrial development of Ostrander Point Crown Land Block on the South Shore of Prince Edward County.

Prince Edward County Field Naturalists are disappointed with the ruling of the Divisional Court and do not agree that the Environmental Review Tribunal was wrong.

Appeal of the approval of the Ostrander Point Wind project was the first on explicitly environmental grounds.

“The Tribunal’s landmark decision revoking the REA set a new standard for environmental protection in Ontario.  If the reasoning of the Divisional Court decision is allowed to stand several Tribunal standards of practice will be in question and future citizen appeals will face increased obligations and costs:
•    The tests of serious and irreversible harm
•    Scientific evidence accepted by Tribunals
•    Boundaries between the Environmental Protection Act(EPA) and the Endangered Species Act (ESA)
•    Jurisdictions of the Ministry of the Environment and the Ministry of Natural Resources (MNR)
•    Tribunal statutory authority

“PECFN and its legal counsel Eric Gillespie and Natalie Smith conclude that there is no alternative but to request leave to Appeal the Divisional Court ruling at the Ontario Court of Appeal.”

While the legal experts are preparing and arguing, fund raising continues. Just over $143,000 has been collected toward a $200,000 goal.

On Saturday, April 12 a Gala Dinner and Art Auction is to be held at the Picton Curling Club. Chef Michael Hoy will prepare  dinner, Treat Hull will act as art auctioneer and County wine has been donated by the Winegrowers Association.
On Saturday, May 3 An Evening with Bernie will be held at Active Arts in Rednersville featuring the new Bruce Coburn documentary, Pacing the Cage and True North Records’ Bernie Finklestein.  Information for all events is at www.saveostranderpoint.org

Filed Under: Local News

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  1. BH says:

    The Toronto Star article referred to by Sue3 is upsetting to read.

    Imagine heavy equipment travelling through the County from now to the end of April. Arriving at Ostrander Point Gilead will begin its destruction.

    The Blanding’s Turtle will be out of hibernation and in danger before Gilead completes its initial incursion into the Point.

    Even during hibernation, the Blanding’s Turtle may find itself crushed while dormant in the mud of shallow marshy Ostrander Point.

    Nature Canada estimates only 10,000 Blanding’s Turtles. http://www.naturecanada.ca/endangered_know_our_species_blandingsturtle.asp

  2. County Steve says:

    I just heard that, buried somewhere in the Green Energy Act, is the right to ignore Road Weight Restrictions, which usually come into effect in the Spring …. if it ever gets here.
    These Nazis have thought of everything!
    Make note, it’s still illegal for you and I to drive a heavy truck over County Roads, but it certainly would be nice to rewrite the law to exempt ME from all municipal and provincial laws. I think I’ll work on that.
    Maybe the monster turbines are coming in by hovercraft. God knows, the province spares no expense. Our bill will be in the mail.

  3. Chris Keen says:

    Yet another example of the contempt these companies have for the process and for the people of PEC!

  4. Doris Lane says:

    The article that Sue 3 Mentioned is a blow to PECFN but I hope Mr Lord has a snow blower as I was out there the other day and there is a lot of snow–maybe it will keep snowing until the 1st of May and then he will not be able to start his destruction

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