A legal challenge that could have major repercussions for the provincial government and the wind energy industry – and a major effect in Wellington County – was heard earlier this week in a Toronto divisional court.
Ian Hanna, 56, a resident of Prince Edward County, has charged that Ontario’s energy minister failed to properly consider how industrial wind turbines affect health.
Hanna, with help from environmental lawyer Eric Gillespie, claims the province did not consult qualified medical experts before the Green Energy Act dictated turbines can be erected 550 metres from any home.
The Canadian Press reported on Monday Gillespie told the court, “The government simply is not looking at the medical implications on human health.” He is arguing the province breached its own “precautionary principle,” which states the government has to show an activity is safe before approving it.
According to The Canadian Press, Gillespie said the government should have stopped development plans until scientific evidence was obtained or it consulted medical experts on a more suitable setback, given the uncertainty.
Gillespie acknowledged the government consulted acoustical engineers on certain matters, but he said there is no proof health implications were considered.
Many individuals and groups, including The Society for Wind Vigilance, claim living close to turbines can lead to various health problems, including headaches, dizziness, nausea, nose bleeds, constant ringing in the ears and trouble sleeping.
Locally, in 2009 the Wellington-Dufferin-Guelph Public Health unit asked the Ontario Agency for Health Protection and Promotion to investigate the potential impact of wind turbines on human health.
Energy Minister Brad Duguid has stated he was told by the province’s chief medical officer of health that there is no credible evidence linking turbines to negative health effects in humans.
The Canadian Press reported that Duguid points to the proven health risks associated with burning coal to produce electricity, and he says moving away from coal will significantly reduce respiratory illness.
According to the Globe and Mail, government lawyers argued the conclusions of doctors supporting Hanna are suspect and they dismissed health concerns “anecdotal hearsay.” They said the province reviewed all the literature available on the issue, and held public consultations before creating the guidelines.
The government also argued an environmental review tribunal under the Green Energy Act is the proper place to air health issues, not the provincial court.
The results of the legal hearing may not be known for some time. If Hanna wins his case, wind energy projects across the province – including in Wellington County – could be brought to a halt until health studies are completed.
But Dianne Saxe, a Globe and Mail environmental law expert, says she would be surprised if Hanna wins his case. She said he is stretching the precautionary principle and the government “should have no trouble at all proving that it considered the health concerns of the anti-wind activists, because they were very vocal,” even appearing at legislative committee meetings.
Saxe says it’s likely the court will deal only with certain legal aspects of the case and not make a substantial ruling on the health effects of wind turbine placement.
