• Protecting Water and Farmland in Simcoe County

UPDATE: Stay granted at Ostrander Point

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In AWARE News Network
Mar 25th, 2014
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News release from Save Ostrander Point

PICTON — A great cheer went up last evening from the crowd gathered to hear Terry Sprague speak at the Prince Edward County Field Naturalists monthly meeting. Myrna Wood, president of the club and leader in the fight to Save Ostrander Point announced that the Ontario Appeal Court had granted a stay of construction at Ostrander Point.

“Now, Gilead Power will not be able to destroy any habitat before we can ask for leave to appeal. We are relieved, as early migration has begun and spring melt is starting to create the conditions needed by all the wildlife at Ostrander Point including Blanding’s turtle.”

Justice Blair’s comments in his decision are particularly interesting. He said that he had no hesitation in granting the stay as “the issues raised on the proposed appeal are issues of broad public implication in the field of environmental law.” The Justice went on to point out that “Once habitat is destroyed, it is destroyed – for at least short term purposes”.

While that comment may seem self evident to the vast numbers of citizens protesting the development plans at Ostrander Point, hearing it from a justice of the Appeal Court is particularly gratifying.

The task ahead is to prepare submissions for leave to appeal the Divisional Court decision. PECFN’s legal arguments will be filed with the Ontario Court of Appeal on April 11. Gilead and the MOE will then respond with their legal arguments. Judges of the Court of Appeal will take some weeks to decide whether to grant us leave to appeal. Other organizations will consider whether to apply for intervenor status given the importance of this first appeal of a Renewable Energy approval on environmental issues.

While all these legal issue are going on PECFN continues fund raising. The Gala dinner and Art Auction sold out in two weeks – much to the delight of the organizers.

Tickets are available at 613-471-1096 for the joint fund raiser with Picton Rotary. See Mamma Mia and The African queen for only $15 at the Regent Theatre on April 30. On Saturday May 3rd, music and sound aficionados have an unprecedented opportunity to hear Tenor Audio’s 175 S Pre amp with 350M Mono Blocks driving Tetra’s flagship 606 “listening instrument” as it is used in the screening of the Bruce Cockburn documentary “Pacing the Cage” at Active Arts Studio in Rednersville. The evening includes County wine, canapés and sweets – and a performance by the Frere Bothers. Tickets are $50 at www.saveostranderpoint.org On Friday May 9,

Sandbanks Vacations and Terry Sprague join to provide an intimate and exceptional opportunity to tour the natural areas of the County in a comfortable coach. This is a limited offering – only 12 places are available. The cost for this day long excursion is $100 including a delicious picnic lunch.

PECFN goes to Court again to Save Ostrander Point

From Save Ostrander Point  March 12 2014
Picton, ON —  On Friday, March 7 Prince Edward County Field Naturalists 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 .www.saveostranderpoint.org

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