Decision regarding remedy issued by Ostrander ERT, iwts not allowed

The Tribunal in the Ostrander Point ERT hearing has found that “the remedies proposed by Ostrander [Gilead] and the Director are not appropriate in the unique circumstances of this case.

The Tribunal finds that the appropriate remedy under s.145.2.1 (4) is to revoke the Director’s decision to issue the REA [Renewable energy Approval]”.

The Tribunal decision says that no matter how important renewable energy is to our future it does not automatically override the public interest in protecting against other environmental harm such as the habitat of species at risk. This was the basis of PECFN’s appeal.

This decision not only protects the Blanding’s turtle but also the staging area for millions of migrating birds and bats and the Monarch butterflies.

The Tribunal decision reminds the Ministry of Environment and Climate Change of its Statement of Environmental Values that “As our understanding of the way the natural world works and how our actions affect it is often incomplete, [government] staff should exercise caution and special concern for natural values in the face of such uncertainty.”

Agencies/Canadajournal