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TRIBUNAL PERMITS APPELLANTS TO CHALLENGE RENEWABLE ENERGY PROJECTS UNDER THE CHARTER

In a decision given by Vice-Chair Paul Muldoon on November 22nd, 2013, the Environmental Review Tribunal (“ERT” or the “Tribunal”) granted the Appellants a limited, but potentially still very important right to challenge s. 142.1 of the Environmental Protection Act (“EPA”) as violating their right not to be deprived of security of the person under section 7 of the Charter of Rights and Freedoms except in accordance with the principles of fundamental justice. (See Dixon v Director of Ministry of the Environment, case nos. 13-084 to 13-089, herein referred to as “Dixon”) Section 142.1 allows residents of Ontario to require a hearing before the ERT only on the grounds that engaging in a renewable energy project in accordance with a renewable energy approval (“REA” will cause:  More…