Bow Lake Wind Farm appeals begin next week

The main hearing for an appeal against the Bow Lake Wind Farm project has been rescheduled to 9 a.m. on Tuesday, March 4, 2014 at The Days Inn at 332 Bay Street in Sault Ste. Marie.

Members of the public are invited to attend.

The Ontario Ministry of the Environment (MOE) approved the Bow Lake Wind Farm project December 16, 2013.

The Bow Lake Wind Farm project is a partnership between Nodin Kitagan of Batchewana First Nation (BFN) and Calgary’s BluEarth Renewables.

The Bow Lake Wind Farm project, a plan for 36 wind turbines, is to be located on traditional BFN land approximately 80 kilometres north of Sault Ste. Marie. 

In early January, Save Ontario’s Algoma Region (SOAR) spokesperson Gillan Richards and Lake Superior Action Research Conservation (LSARC) Co-Chair George Browne announced by email that James Fata and 2401339 Ontario Ltd. (a corporation resident in Ontario) will request the Environmental Review Tribunal (ERT) revoke MOE approval of the Bow Lake Wind Farm.

Groups such as SOAR and LSARC state they are opposed to wind farm development in the Sault and Algoma region, maintaining that wind turbines are hazardous to human health and wildlife, an environmental disruption, and spoil the natural, rugged beauty of the Algoma landscape.

SOAR and LSARC say Fata is challenging MOE approval of Bow Lake on constitutional grounds, questioning whether the project’s approval has violated his right to security of the person as granted under Section 7 of the Canadian Charter of Rights and Freedoms.

A preliminary hearing was held January 28 and continued by teleconference January 31, February 7, 14 and 21.

The March 4 main hearing will include opening statements for all parties.

The appeal by 2401339 Ontario Ltd. will be heard at 9 a.m., March 3 to 7, 2014, and at 9 a.m. March 17 to 21, 2014.

James Fata’s appeal will be heard at 9 a.m., March 25 to 27, 2014.

All meetings will take place at The Days Inn. 

The Environmental Review Tribunal (ERT) must rule on these appeals by June 30, 2014.

If no decision has been reached by that date, the MOE’s approval of Bow Lake will stand.

Meanwhile, the outcome of another SOAR and LSARC-supported appeal of a separate project, the Goulais Wind Farm, is expected by April.