Court Of Appeal Ends Anti-Wind Charter Challenge

In January, we blogged about how the Divisional Court rejected an argument by anti-wind protestors that the legal test for stopping renewable energy approvals ("REAs") was unconstitutional.

To be successful on an appeal, the appellant must show that the renewable energy approval granted causes serious harm to human health.

At paragraph 88 of its decision, the Divisional Court concluded

...the statutory review test adopted by the Ontario Legislature in EPA ss. 142.1(3) and 145.2.1(2) in respect of the impact on human health of contaminants, such as sound and vibration, discharged from commercial windfarms does not, on its face, depart from the jurisprudential test for establishing a state violation of a person's security of person under section 7 of the Charter.