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2014-06-06 at 15:50

Injunction adjourned

Fort William First Nation chief Gerojann Morriseau.
Jamie Smith, tbnewswatch.com
Fort William First Nation chief Gerojann Morriseau.
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By Jamie Smith, tbnewswatch.com

THUNDER BAY -- A proposed injunction against a controversial wind farm came to a sudden halt Friday because of campaign-trail commentary.

Earlier this year Fort William First Nation filed an injunction to stop the Ministry of the Environment from making a decision on the proposed Big Thunder Wind Park saying the province didn't adequately consult the community. 

Justice Bruce Fitzpatrick was ready to hear arguments in a Thunder Bay courtroom filled to capacity Friday, but Fort William First Nation lawyer Chantelle Bryson asked for the matter to be adjourned until after the provincial election.

During a candidate town hall Monday evening, Liberal incumbent Bill Mauro told Fort William First Nation Chief Georjann Morriseau that he had heard unequivocally from Premier Kathleen Wynne and environment minister Jim Bradley that a decision will not be made until the issues with her community is resolved. 

"In essence it has changed somewhat the course of how we are proceeding in the matter, but we do expect that that statement will be adhered to," Morriseau said outside of the courtroom after the hearing was adjourned until June 23.
 

Morriseau added that a decision by the court before the election could have been problematic and the community wants concrete assurances that, if the Liberals regain power, the provincial government will keep its word.

As for consultation, Morriseau said there still hasn't been any and no schedule for talks has been drawn up.

Horizon Wind Inc., the company behind the proposed wind farm, said it was surprised the community asked for an adjournment to its own injunction hearing, but it's only a two week delay.


 


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Comments

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jonthunder says:
This is unbelievable. A legal, court decision is not possible during an election? Are our laws purely political. On top of this we have the OPP investigating the Liberal Government and their officers union is advertising against one of the political parities in an election because that party proposed a wage freeze for officers. Are now a lawless, politically corrupt banana republic. THINK ABOUT IT.
6/6/2014 5:09:25 PM
Heinicke says:
It's postponed not adjourned. I suppose the judge and everyone else is in on the giant liberal conspiracy. Wow.

Settle down...if you don't like the way things are do something to change them.
6/6/2014 6:22:54 PM
gusto says:
It's OK for the Paperworkers Union or the teachers Union or the nurses union to speak out against politicians, but the OPPA is not allowed to voice an opinion? How is this any different? This was the association letting the public know what is possibly in store for the officers if Hudak is elected, not the OPP endorsing a specific party. Get your facts straight and THINK ABOUT IT before posting your nonsense next time.
6/8/2014 8:36:12 PM
tdub says:
Some people can't live in proximity to anything. Call me a cynic(or worse) but 90% of the anti-wind movement is fishing for compensation. If you're not going to get paid a large some of money by a developer just claim ..
you weren't consulted
bad for the birds
missing/incomplete submisions
it will ruin you health
wreck the economy
etc, etc,

I guess the Norwestor's will be hydro fracked instead. Or how about blowing it up for coal?
6/6/2014 6:54:41 PM
captain says:
This seems quite clear to me.

FWFN has a legal process moving forward. The gov't has said that while that process is ongoing, they will not make a decision on the project.

What is so hard to understand about that.

The gov't is not interfering. They are going to let the court process unfold instead of turning it political.

Can you imagine if the gov't made decisions while court processes were going on.

Is it that you hate Liberals, hate natives, hate Mauro, all of the above, or just do not get it.

This seems pretty straight forward.
6/6/2014 11:06:08 PM
dynamiter says:
I hate the process. I believe that the original band council was consulted - whether they chose to participate, or if they did not like who represented them, will come out in court. WE all know that it is ok to clear land and put up a large array of solar power and sell that into the grid at tremendous expense to the taxpayer, but it is not alright to put windmills mostly in clear cut areas ( albeit regenerating cutovers) west of Loch Lomond, that is in Neebing township.
6/7/2014 5:28:55 PM
tiredofit says:
Dynamiter, that's the problem, they were not consulted. Horizon assumed that if they had a meeting with them, said we're doing this, that was enough.

They way that the First Nations do things is far different that what we do, the current fiasco on the water front (Event Centre) is a good comparison, the city simply shoves it down our throats and says we need it. the FN actually consult with all members of the band as they all have a stake in the end results.

Let's not forget all of the due process the Crown neglected to do on this, or the fact that the lease was done improperly on land they don't really own (FWFN has legal rights to it when the current lease expires). The city wrote a lease longer than 20 years, which according to their own rules is deemed a sale, which they can't legally do.

This has been mess from day one, rules where broken and FWFN are only asking for the process which was legally due them.

the solar park is on "commercial" land they own, totally different
6/8/2014 12:14:44 PM
spazz says:
the injunction was filed because they hadn't been consulted properly. they have now been told they are to be consulted. why go through the court proceedings if they don't have to? if the liberals keep office then everyone has saved some time and money. if they are removed from power then the injunction will go to the courts for the new government to deal with. having an injunction against the liberal government would be pointless if they weren't the government anymore 2 weeks after you got it.

DID I THINK ABOUT IT ENOUGH?
6/7/2014 9:38:26 AM
alexa says:
Can someone answer me this question?? Id the wind park on reserve land? I didn't think it was......
6/7/2014 11:29:41 AM
Tiredofit says:
Alexa, the land in question will revert back to them in 203x (sorry forget actual year), it was handed over to the city when the watershed agreement was put in place in 1905. When the agreement ends (watershed protection) the original land owners then have first right of refusal to purchase it back at a set price ( this also affects non-FN as well).
The current proposed location will also impact their hunting grounds as well as a few other things they (FWFN) have up there.

The installation will devastate the land, ie: Horizon will blast a good chunk of the mountains face away to make way for the roads, they will have to blast the rocks in order to dig them minimum 30ft deep holes for the base of the turbines etc.. Thus leaving the land in a less than desirable condition.

There is also the issue of disposal of the turbines, Horizon has only agreed to pay about $15k per turbine for unit. The cost of disposal in today's market is well over $100-$500k and that's on flat land.
6/9/2014 6:42:42 AM
ANVIL OF CROM says:
Totally mindbogglingly complicated!
First, Big thunder wind park has "stages" of development. The latter stages involve turbines and a power line on FWFN land, which horizon did "consult" with them. This consultation was years back, FWFN didnt show much interest. Within the last year, horizon and band members showed up to another meeting, but horizon was not really allowed to present as people interupted them. ( so said a tbnewwatch story)So FWFN again stated they were not consulted.
Now they are saying the province didnt consult with them. Confused? I am!
The way I see it, FWFN has issue with this project for a number of reasons, first horizon did want to put turbines on their actual land, that is one issue.
Second, all the land up top FWFN states is tradtional hunting land, its not their"actual" land but here now is their argument to stop any project and perhaps in the future lay claim to that land.
Now if horizon made a profit splitting deal with FWFN....???
6/9/2014 11:03:07 AM
Tiredofit says:
Actually if you look at the history of the land, it is in fact theirs, they leased it to the city of Fort William and the Province for the Watershed protection (not all of it, some was owned by non-FN as I stated earlier).

This has nothing to do with money as you suggest, I have it on good authority that Horizon made several financial "incentives" to FWFN, all of which they were not interested in. I attended the meeting which you reference and they made it clear they simply don't want the turbines on the land (as it will revert to them in 203x).

The windmills will be heard based on the location and the land structure (it's basically a sound bowl if you will), I'm 2k from the ski hill and I can clearly hear people in the dead of winter.

The process they are complaining about is the Crown's duty to consult with them when something directly affects them, it's their inherent right.

Let's not forget the way Horizon has also bullied them and others, not really an incentive to due bus.
6/9/2014 3:17:15 PM
caesarjbasquitti says:
jonthunder I have to agree.

The 'sell out' of Thunder Bay's natural surrounding, and 'superior by nature' environment has been, and is being sold out for financial gain.

Tragic, however this is merely a symptom of a core of decision makers who seem to disrespect the natural beauty of this area.

Tragic !
6/7/2014 1:13:00 PM
iceman says:
It is people like this guy that really bother me
"tdub says:"
We bought a house by the Norwester mountains, paid alot for it, but thought it was worth it because it is peaceful and quite. Now a company from Southern Ontario is going to build noisy turbines up there, which will make me go insane. I will have to move, loose alot of my hard earned money due to my property value drop. Plus will end up subsidizing this company so it can get rich through my hydro bill.
Pathetic, and yet "tdub says:" just doesn't get it
6/7/2014 7:45:42 PM
dynamiter says:
First off there are NO windmills any where close to where you can hear them. If you believe wind towers are noisy - go stand under them - a short drive to Ouimet Canyon Road will take you to some very nice windmills. Secondly windmills will not make you go insane - you might make yourself go insane - but there is not one bit of scientific proof that noise, flicker or anything else detrimental especially with how far these proposed windmills are from the nearest home. Finally let me tell you that I am against these windmills because I believe that they are of little environmental consequence re global warming but are of big consequence ( especially due to the price of McGuinty/Wynne/Mauro idiotic contracts to supply wind energy) to our hydro bills.
So you can relax and be prepared to ante up big time on your tax bill when this project gets cancelled and the Horizon gets awarded the same type of number that the gas plant companies got.
6/8/2014 9:39:33 PM
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