Law Times

Law Times • OcTOber 22, 2012 done a good job of representing renewable- energy developers on matters flowing from the feed-in tariff scam. But his perspective is necessarily limited. Here' J er issues more about politics than health," Law Times, Oct. 1) as he has flat to welcome 38 wind turbines, each tall- er than the Fairmont Royal York Hotel or Ottawa' sive concrete platforms with kilometres of wire on posts connecting them to a substa- tion and the hydro network. It would be like having an industrial factory from Bloor Street to the Queensway surrounded on three sides by homes, many of them built in the 19th century. But in the quaintly named "centre of the universe," it won't happen. Never disturb ur- s Peace Tower and sitting on mas- Imagine Toronto's High Park bulldozed s another side. Wind power fight about anti-democratic legislation COMMENT ohn De Vellis obviously knows what he' s writing about (see "Wind pow- tourist economies, the famous Sand- banks, good restaurants, and increas- ingly upscale wineries. Located on its scenic south coast is Ostrander Point, an internationally recognized and designated important bird area with twice yearly migration flows of birds, bats, and butterflies exceeding that of Point Pelee and home to several species protected under the Endangered Species Act. It' County, an area just two hours east of To- ronto and one of the province' go-to destinations because of its pris- tine beauty, flourishing agricultural and s current ban dwellers, particularly if they are members of the New Democratic or Liberal parties whose ridings surround the area. But feel free to do what you will with your fellow Ontar- ians somewhere out there in the boondocks all over southwestern and eastern Ontario. All of this brings us to Prince Edward Gilead Power Corp. to install nine mas- sive turbines slap in the middle of one of the largest flyways in North America and the harassment of endangered species during construction. The cumulative effect of these turbines — plus those on Wolfe Island (with a demonstrated huge annual kill) and others planned for Amherst Island — horrifies every naturalist organization of provincial, national, and international standing. There' of Natural Resources whose mandate, according to its web site, includes imple- menting the act and enhancing the pro- tection of our natural heritage. So what does the ministry do? It allows s the domain of Ontario's Ministry propriate consents to operate, the ministry will sell a portion of its lands to Gilead for a substation and receive substantial income from each turbine for 20 years. It could last 35 years under an option to extend the deal. s more. If Queen's Park issues the ap- u Letter TO THE EDITOR Queen's Park issues the consents while the LETTERS.indd 1 same government's ministry receives large Canada Corp. (it prefers the lower case) is a German business aiming to place 29 turbines next to those of Gilead scattered across South Marysburgh, Ont. Eight of them are within the same designated important bird area. The transmission line carrying Gilead and payments sourced from taxes and hydro bills. It sounds like a blatant conflict of interest. There' s still more. A company named wpd wpd power to the hydro hookup will be 29 ki- lometres long and will cross a substantial part of the entire county on up to 400 poles more than 20 meters high. The towering wind fac- tories will permanently scar the scenic beauty of one of Ontario' elicited a strong turnout. The question was simple: yes or no to turbines? More than 90 per cent voted no. Nobody at Queen' there are plans for even more turbines for the southern and western parts of the county. A vote in South Marysburgh on the issue listened and our local council can do little in the face of the Green Energy Act. Contrary to the wind industry and Queen's Park obfuscations and spin, there's s Park s jewels for all time. And 3/1/12 4:39 PM peals from property owners located close to existing or threatened turbines. As its coun- terpart in Britain has already done, it will have to start lowering assessments with se- vere effects on rural tax bases. There' evidence, globally and in Ontario, of health problems within two kilometres of a turbine, reduced property values, and adverse effects on local economies. The Municipal Property Assessment Corp. will be receiving thousands of ap- and wind developers from building. May they be successful. None of this is about saving the planet for our grandchildren. Rather, it's the im- ada has called for a study into the health effects and there are at least two injunction applications outstanding around Ontario to prevent Queen' s some good news as Health Can- s Park from issuing consents position of a concept flawed ab initio by an act of frightening scope that deprives many Ontario residents of any say in what hap- pens where they live, potentially expropri- ates without compensation part or much of their life savings, and affects the health of some people. Our grandchildren will inherit this entire mess. Retired lawyer and former president of the Ontario Bar Association, Prince Edward County Garth Manning, BY CATHERINE MORRIS For Law Times T and headlines labelling him a war criminal and a con- victed terrorist. These assertions distort and contradict both the facts and the law. As a result, many people hold an erroneous belief that Khadr pleaded guilty to legitimate charges in a properly constituted court. In fact, Khadr was never charged with any U.S. criminal offences or international war crimes. Aſter his 2002 capture on a battlefield in Afghanistan istration. In 2006, the U.S. Supreme Court in Hamdan v. Rumsfeld found the tribunals to be unlawful and in violation of the Geneva Conventions. The U.S. Congress hastily passed a new Military Commissions Act and Khadr was recharged with newly created offences even though international law and the U.S. Constitution for- bid prosecutions for ex post facto offences, as does Can- ada' at age 15, Khadr waited more than three years before facing charges at a military tribunal set up by an execu- tive order of former president George W. Bush' s admin- relaxed rules of evidence and permit coerced evidence not allowed by U.S. or Canadian criminal law. Evidence obtained in violation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment can also be admitted because of the Military Commissions Act' s Charter of Rights and Freedoms. The military commission procedures provide for odds with the convention. Nor is the military commis- sion viewed as independent. In June 2007, Col. Peter Brownback, then the military commission' s narrow definition of torture that's at officer, dismissed the charges against Khadr. He said that while the commission had jurisdiction over unlawful en- emy combatants, prosecutors had failed to prove Khadr had taken up arms against the United States unlawfully. A quickly convened military commission review s presiding he Canadian government has claimed Omar Khadr had the benefit of due process in the United States. His return to Canada on Sept. 29 prompted yet more official statements Officials must stop demonizing Omar Khadr u SPEAKER'S CORNER ada (Justice) vs. Khadr ruled that participation by Cana- dian officials in the process in Guantanamo Bay, Cuba, was contrary to Canada' In May 2008, the Supreme Court of Canada in Can- tions. In January 2010, the top court in Canada (Prime Minister) v. Khadr denounced Canadian officials' viola- tion of Khadr' The top court declared Khadr's entitlement to a rem- edy but leſt it up to Canada's executive to decide how best to respond. Canada's response was a diplomatic note ask- s s. 7 Charter rights. ing the United States not to use information turned over by Canadian agents. In July 2010, Canada' ada gave the government seven days to supply a list of all possible remedies to cure the continuing Charter viola- tions. The House of Commons standing committee on foreign affairs had already made one recommendation in June 2008 that Canada secure Khadr' s Federal Court in Khadr v. Can- Majority votes of the Senate on June 18, 2008, and the House of Commons on March 23, 2009, had urged re- patriation. Instead of suggesting remedies, the govern- ment appealed the ruling on the seventh day. Predict- ably, the Guantanamo Bay military commission ruled all of Khadr' s repatriation. special representative for children and armed conflict, pointedly stated that in international law, child soldiers "must be treated primarily as victims and alternative procedures should be in place aimed at rehabilitation." Canadian officials paid no attention. Instead, they agreed to Khadr's October 2010 plea bargain and said overturned that decision in September 2007 and re- instated the charges. Brownback acknowledged he took heat from the Pentagon for dismissing the charg- es. In June 2008, Brownback threatened to suspend the proceedings against Khadr unless prosecutors handed over Khadr' that month, the Pentagon replaced Brownback. s medical and interrogation records. Later made as a result of treatment that violated the conven- tion against torture, in August 2010. Radhika Coomaraswamy, then the United Nations s statements admissible, including those s binding international obliga- PAGE 7 rights violations across the world, it is disappointing that the UN would spend its time decrying Canada." Khadr has never faced a trial before any properly to fair proceedings. This is in direct violation of the Gen- eva Conventions. In addition, the case demonstrates ser- ious and flagrant violations of the International Covenant on Civil and Political Rights, the convention against tor- ture, the Convention on the Rights of the Child, and the protocol on children in armed conflict. We must view the voluntariness of Khadr' constituted court that afforded the judicial guaran- tees recognized in international law as indispensable gain in the context of the U.S. policy of holding Guant- anamo Bay prisoners until the end of the so-called war on terror. Without the deal, Khadr faced indefinite de- tention whether the military commission found him guilty or innocent. This catch-22 followed eight years of detention marked by denial of virtually all of his rights. They included the rights to habeas corpus, access to an independent tribunal for determination of rights, prop- er legal representation, family visits, and freedom from torture and other cruel, inhuman, and degrading treat- ment. Such conditions defy the very concept of volun- tary negotiation. The U.S. plea agreement is not a reliable indicator of guilt in or out of court. Some Canadians have expressed fears about public s plea bar- danger. Safety is an important consideration that is served only when facts and law are respected. Public safety is at risk in a polarized climate of suspicion, fear, and hatred fomented by public officials' derogatory characterizations of Khadr. Toews is responsible for Corrections Canada as well as appointments and renewals of adjudicators at the Parole Board of Canada. It is improper for a minister to make statements about Khadr that could influence the impartiality of adjudicators at tribunals vested with the responsibility for independent determinations. The Khadr case raises concerns about disrespect ture urged Canada to repatriate Khadr and to redress the human rights violations found by the Supreme Court. Min- ister of Public Safety Vic Toews responded by complaining that "when there are serious concerns regarding human www.lawtimesnews.com Canada would be "inclined to favourably consider" re- patriation to Canada aſter a year of his sentence. Law- rence Cannon, then the foreign minister, promised the House of Commons that Canada would implement the agreement. The year came and went. In June of this year, the UN committee against tor- by Canadian government officials for our courts, the UN human rights system, and, indeed, the rights of all of us. Canadian ministers and officials must start treating Khadr in accordance with Canadian and international law. LT uCatherine Morris teaches international human rights at the University of Victoria. She also teaches courses in negotiation and conflict studies at universities in Europe and Asia. In addi- tion, she monitors human rights in several countries for Law- yers' Rights Watch Canada.

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