A New Twist On Anti-Wind Litigation: The Charter

Because of the social, environmental, and political importance of reducing carbon emissions and switching to renewable sources of energy, the Environmental Protection Act requires wind opponents to show that a renewable energy project will cause serious harm to human health, or serious and irreversible harm to plant life, animal life or the natural environment. Every case to date has failed to meet this threshold.

Accordingly, the latest anti-wind tactic is to claim that the threshold itself is unconstitutional, i.e. that they have a right, under the Canadian Charter of Rights and Freedoms, to stop all wind turbines within 2 km of their home, without having to prove the probability of harm. See:  Statement of Claim Nov 14. 2012, Drennan v. K2 Wind.