ARTICLE · 19 JANUARY 2015

Divisional Court Rejects Anti-Wind Constitutional Claim

Siskinds LLP

Anti-wind protesters continue to lose all Ontario legal cases based on concerns about human health.

CanadaEnvironment

Anti-wind protesters continue to lose all Ontario legal cases based on concerns about human health. After numerous anti-wind appeals to the Environmental Review Tribunal were rejected, because they did not meet the Environmental Protection Act / Green Energy Act test for stopping renewable energy projects, anti-wind litigants argued that the statutory test was itself unconstitutional and contrary to the Canadian Charter of Rights and Freedoms. The Ontario Divisional Court has now definitively rejected that argument.

The anti-wind constitutional appeals

In Dixon v. Director, Ministry of the Environment, 2014 ONSC 7404, the Divisional Court heard appeals from three decisions of the Environmental Review Tribunal, each of which upheld a renewable energy approval for an Ontario wind farm in Huron and Bruce counties:

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Divisional Court Rejects Anti-Wind Constitutional Claim

The anti-wind constitutional appeals

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