Ontario citizen takes legal aim at government of Ontario’s flagship Green Energy Act, 2009
Toronto, October 19, 2009 – “The Green Energy Act, 2009 and its regulations clearly do not appear to meet the requirements of law in the province of Ontario,” said lawyer Eric Gillespie today in a news conference at Queen’s Park. On behalf of his client Ian Hanna, Gillespie explained that a court application was filed earlier today for judicial review of the Green Energy Act, 2009 based on the Precautionary Principle as it applies to industrial wind turbine installations.
Mr. Hanna of Big Island, Prince Edward County stated that he is relieved the government of Ontario will finally be held accountable for their apparent lack of due diligence.
The application claims there is more than sufficient scientific uncertainty surrounding wind development in the province to allow Ontario’s courts to strike down key portions of the legislation until such time as proper health studies have been carried out.
Dr. Robert McMurtry, former Dean of Medicine at the University of Western Ontario supported that statement revealing the number of people already apparently suffering adverse health effects from industrial wind turbines is now over 100 in Ontario alone. “The actions of this government have turned the Precautionary Principle on its head,” said McMurtry. He has been publicly calling for an independent epidemiological study into health effects from wind turbines since November 23, 2008.
The main concerns arising from wind installations surround noise levels and low frequency sound issues. These two factors and others have resulted in many apparent victims suffering from sleep deprivation, cardiac arrhythmia, tinnitus, nausea, heart palpitations, severe headaches and acute hypertensive episodes.
Rick James, a noise consultant from the United States, reported at the news conference that computer modeling of noise and infra and low frequency sound propagation, and reports of adverse health effects at distances of 1 to 1.25km or more in recent medical research indicates that in quiet rural areas setbacks should likely be increased to more appropriate distances, based on independent scientific and medical research. Mr. James of E-Coustic Solutions also stated that noise levels at night must be reduced significantly in order for people to sleep without disturbance.
Dr. McMurtry has said previously that in addition to a moratorium preventing further development until independent health studies are complete, he also believes the industrial wind installations now operating must be shut down at night at least in order to protect the health and safety of the people living near them. So far the only way for alleged victims to often get peace is to abandon their homes or possibly have the wind developer purchase their homes and move them elsewhere.
Health issues surrounding industrial wind turbines are not restricted to Ontario. In Maine, Dr. Michael A. Nissenbaum has reported almost identical symptoms with patients there. Health problems have also arisen in Japan. In New York, Dr. Nina Pierpont has published a peer-reviewed study of Wind Turbine Syndrome. In Britain, Dr. Amanda Harry calls for distances no less than 1.5 miles. The Minnesota Department of Health calls for stricter regulations and setbacks from homes. In Europe the distances of industrial-scale developments, most of which are smaller than anything in Ontario, are as far as 2km from homes.
The Supreme Court of Canada has expressly approved of the Precautionary Principle. Ontario’s courts have said it clearly applies to many forms of government activity. “It is most unfortunate and ironic that what this government is trying to promote as its flagship environmental legislation appears to have ignored one of the central environmental Principles in our legal system” said Gillespie.
For further information:
Beth Harrington
Communications
647 588-8647
Tags: Wind power, Wind energy, Health
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