The Environmental Review Tribunal has approved another wind
farm, in Bovaird v. Director, Ministry of the
Environment, Case Nos.: 13-070 to 13-075. The Dufferin
Wind Power Project, in the Township of Melancthon, County of
Dufferin, is now approved to build 49 wind turbines with the
capacity to generate 91.4 MW of power annually. As part of its
approval, the Tribunal decided, for the first time, that the Environmental
Protection Act rules for wind turbine approvals do comply with
the Canadian
Charter of Rights and Freedoms (the "Charter").
Good news for green energy, and for those who care about climate
change.
In many previous cases, wind opponents have lost because they
cannot prove that wind turbines, built in accordance with the EPA
and its regulations, are likely to cause harm to human health. This
is the statutory test they must meet. Wind opponents therefore now
argue that the renewable energy approval process established
by the EPA violates their right to
