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SUPERIOR
COURT
DECISION
STATES
CHARTER
RIGHTS
MUST
BE
CONSIDERED
IN
SWEAR
CASE
A
long
awaited
decision
has
been
reached
in
the
SWEAR
(Safe
Wind
Energy
for
All
Residents)
case,
which
resulted
in
Justice
Duncan
Grace
staying
the
proceeding
until
such
time
as
a
Renewable
Energy
Approval
(REA)
is
granted
for
the
K2
Wind
project.
SWEAR
was
represented
by
Julian
Falconer,
a
prominent
human
rights
and
constitutional
lawyer.
This
is
not
a
dismissal
of
the
proceedings,
only
a
delay
until
after
an
REA
has
been
issued
explains
Dave
Hemingway,
President
of
SWEAR.
The
question
arose
at
the
hearing
as
to
the
ability
of
the
Environmental
Review
Tribunal
(ERT)
to
hear
a
question
on
the
Canadian
Charter
of
Rights
and
Freedoms
(the
Charter)
and
how
the
Green
Energy
and
Economy
Act
and
level
of
harm
apply.
This
is
very
important
says
plaintiff,
Shawn
Drennan.
If
the
Green
Energy
Act
and
its
legislation
are
found
to
be
in
violation
of
the
Charter,
the
burden
of
proof
shifts
from
having
to
prove
serious
harm
to
human
health
to
the
possibility
of
harm,
a
much
lower
threshold.
The
Drennans,
members
of
SWEAR,
stepped
forward
in
2012
to
be
the
named
persons
on
the
lawsuit.
Although
the
Drennans
name
is
widely
known
in
this
case,
Hemingway
adds
that
there
is
a
broader
public
interest
being
served.
It
has
taken
time
to
educate
the
public
to
the
fact
that
this
case
is
not
personal
to
the
Drennans,
but
the
understanding
is
now
clearly
there.
This
case
is
for
the
people
of
Ontario
who
want
safe
wind
energy
in
their
communities
and
beyond.
The
government
says
that
massive
industrial
wind
turbines
are
safe.
We,
the
people,
are
holding
them
accountable.
According
to
Hemingway,
the
greater
issue
is
the
Charter
Challenge,
specifically
Chapter
Seven,
which
guarantees
the
security
of
the
individual.
The
Charter
is
the
governments
promise
to
every
man,
woman
and
child
in
Canada,
guaranteeing
that
we
will
have
security
to
conduct
our
affairs
and
lives
in
relative
peace.
The
government
of
Ontario
did
not
exercise
due
diligence
when
crafting
the
Green
Energy
and
Economy
Act.
A
very
heavy
handed
approach
was
used.
Rural
Ontario
does
not
take
kindly
to
this
type
of
governance.
SWEAR
is
currently
fundraising
to
cover
the
ongoing
legal
costs
of
this
case
and
would
like
to
thank
everyone
who
has
supported
the
case
to
date