County News
Trial by ambush
Eric Gillespie (left) goes over documents with witness Ted Cheskey, manager of bird conservation, Nature Canada. Cheskey testified that the proposed industrial wind turbine project at Ostrander Point would cause serious and irreversible harm to bird popluations that nest in or travel through this shoreline habitat in Prince Edward County.
Ostrander Point hearing at risk of bogging down, complains lawyer
Since the Environmental Review Tribunal began last month, many have worried the would-be developer of a wind project at Ostrander Point would use its superior financial might to run out the clock on the time-limited appeal hearing or force the appellants to spend all their money and then have to abandon their pursuit.
It seems the appellants’ attorney now shares this concern.
Eric Gillespie, acting for the Prince Edward County Field Naturalists, complained loudly last week to the ERT panel members that Gilead Power’s attorneys were attempting to snow the panel under with paper and testimony.
“This is trial by ambush,” Gillespie said, adding that he had learned only late the evening before that that Gilead’s lawyers were intending to call more than 10 witnesses and that he remained in the dark about to what these witnesses would testify.
In what often appears an unfair fight, Gillespie must fend of a multi-headed foe—the Ministry of Environment and the developer—each with deeper pockets and greater resources to draw upon.
PECFN, on the other hand, must rely on the generosity of donors to fund its attempt to overturn the Ministry of Environment decision to allow the construction of nine 500-foot industrial wind turbines on Crown Land on the County’s wild south shore.
Particularly worrisome to Gillespie are two sets of panels of witnesses from Stantec—a consultancy working with Gilead on the project.
“There are several dozens of documents. Each report is hundreds of pages long. They are set to give evidence next week, yet I have no idea what these witnesses are going to talk about.”
Gillespie asked the ERT panel to instruct Gilead’s attorneys to provide a clear and defined indication of about what the witnesses will give evidence.
“Compare it to what we went through,” urged Gillespie.
One of Gilead’s lawyers, Doug Hamilton of McCarthy Tetrault, accused Gillespie of being disingenuous.
“With respect, my friend knows what they (Stantec staffers) are going to talk about,” said Hamilton. “They prepared the EIS [environmental impact statement]. They will testify that they complied with the REA [renewable energy approval] tests.
“We are trying to speed up the process,” said Hamilton.
Hamilton added that the other witnesses would testify about alvars, butterflies, birds and bats, among other issues.
Gillespie wasn’t comforted by Hamilton’s response.
“How am I supposed to prepare for this?” asked Gillespie with growing exasperation.
But ERT panel member Robert Wright said he believed Gillespie might be jumping the gun with his objections, saying the issues would be considered and dealt with as they arose.
This concept of an ERT hearing is window dressing on the Governments behalf. All rules and regulations favour the Government and proponents, Eric and all others who appeal are working against a stacked deck. All you need to do is look at the only two reasons allowed to file an appeal: the appellant has to prove harm is done to people, and/or serious and irreversible harm will be done to wildlife and the environment due to wind turbines. This system stinks!
Eric is doing a great job, and this is definitely a David and Goliath fight. If anyone could see the amount the wind industry is spending to bully communities that try to save themselves, you would be amazed. The money Eric is taking for working on this is minimal. Obviously those complaining have never had to deal with cases such as these. Already 2 of the witnesses for the wind industry have been deemed unqualified to testify on the issues they were set to testify on. One of their experts admitted to being unqualified to testify about any of the issues that he was supposed to be talking about. The wind industry miscreants will pay any lowlife money grubber, to say whatever nonsense they come up with. Honesty is NOT their policy.
Poor Eric. How can this happen. We know he only has his clients interests at heart. Nothing to do with the enormous fees he has been draining from all of the protestors on every project and never winning.
This is the best gig in town. Get paid and provide no results!
The GEA was written to facilitate wind energy installations and the ERT process is simply window dressing, giving the impression that the public has the opportunity for meaningful input. Eric has my total respect for his willingness to stand up repeatedly, only to get “thrown under the bus” by a flawed process. He is entitled to make a good living, could do much better, with a fraction of the effort if he represented the wind company.
It’s a farce! I sat in on one day of hearing – it was brutal. The fox watching the hen house. That’s fair.
Nonsense. Having sat through multiple ERTs appeals that are clearly set up to facilitate the approvals given; I have seen this game in play before. The process is not to protect the environment or residences impacted by this projects but to affirm the decisions granted by MOE for approval of the projects. Motion after motion denied when made by the appellants. Denial of new evidence, no delay of starting proceedings for a few weeks so witnesses and councils could be available for the appellants.
Stone walling and excessive questioning of expert witnesses by MOE and wind developers council all without direction just to prolong the time on the 6 month mandated clock for a decision that must be rendered. The developers and MOE know if they run the clock out it would work in their favour.
I can speak from personal knowledge the fees were well earned and not excessive. Your tax dollars are being spent needlessly to fund this farce both for the projects and the lawyers at the MOE defending the governmental policy. How much more of rate payers money can be siphoned to fund this scam. The wind industry is desperate and being exposed for the lie it is. At the end of the day it is all about the money.