SWEAR: Superior Court Decision States Charter Rights Must Be Considered in Swear Case

May 29, 2013 Press Release from Swear (Safe Wind Energy for All Residents)

A long awaited decision has been reached in the SWEAR (Safe Wind Energy for All Residents) case, which resulted in Justice Duncan Grace staying the proceeding until such time as a Renewable Energy Approval (REA) is granted for the K2 Wind project. SWEAR was represented by Julian Falconer, a prominent human rights and constitutional lawyer.

“This is not a dismissal of the proceedings, only a delay until after an REA has been issued” explains Dave Hemingway, President of SWEAR.

The question arose at the hearing as to the ability of the Environmental Review Tribunal (ERT) to hear a question on the Canadian Charter of Rights and Freedoms (the “Charter”) and how the Green Energy and Economy Act and “level of harm” apply.

“This is very important”says plaintiff, Shawn Drennan. “If the Green Energy Act and its legislation are found to be in violation of the Charter, the burden of proof shifts from having to prove serious harm to human health to the possibility of harm, a much lower threshold.”
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