PECFN goes to Court again to Save Ostrander Point

March 12, 2014 Borys Holowacz Latest Posts

March 12, 2014

For immediate release

PICTON Ontario.  On Friday, March 7 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.

Today, March 12, the Appeal Court registrar will receive PECFN’s notice of intention to seek leave to appeal.  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.  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 that, again, will be sometime in the indeterminate future.

Why the Appeal

The PECFN 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.

Funds still needed

While the legal experts are preparing and arguing, fund raising continues.

On Saturday April 12 a Gala Dinner and Art Auction will be held at the Picton Curling Club.  Chef Michael Hoy will prepare a delicious 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

For more information contact: Cheryl Anderson

cherylanderon23@sympatico.ca

Phone: 613-471-1096

Cell: 613-849-7743

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