Ontario Superior Court Justice Kirk Munroe has banned any trespassing or attempts to block construction at the North Kent Wind Farm projects in Chatham-Kent.
Reports say the ruling was made during an injunction hearing in a Chatham courtroom on Monday.
Police will have the right to arrest anyone who violates the order as well, reports say.
“The Ontario Superior Court of Justice issued an order today restraining and preventing anyone from blockading, obstructing, or impeding access to any of the construction sites for the project,” said Matt Dallas, spokesperson for Pattern Energy, in a statement sent to the media on Monday.
“The Court lifted the North Kent Wind’s prior agreement not to engage in construction activity at the T5 site. The Court noted in its decision that a settlement was reached between North Kent Wind and Kevin Jakubec.”
Dallas said as part of the settlement, Jakubec, the spokesperson for Water Wells First, agreed that he shall not trespass on the Wind Project Lands, block access to the Wind Project Lands or otherwise unlawfully interfere or counsel others to interfere with the project.
“North Kent Wind respects the right of citizens who disagree with renewable wind energy or the project to have their voices heard,” he said.
Dallas added: “The motion for injunctive relief became necessary because some protestors were engaging in what North Kent Wind believed was unlawful conduct, including setting up blockades and trespassing on private property. The activities of the protestors escalated to the point where North Kent Wind determined that it could not continue to operate in that environment, including because of concerns about the safety of workers and protestors alike. North Kent Wind does not wish harm to befall anyone, either those opposed to the project or those working on the project.”
Jakubec told reporters after the hearing that the Ministry of Environment needs to step up.
Kevin Jakubec with Water Wells First reacting to today’s decision @CBCWindsor pic.twitter.com/pdqDb5kAlP
— Melissa Nakhavoly (@MelNakhavoly) 2 October 2017
The group has posted a series of tweets following the court’s ruling as well:
We would LOVE not to need to protest. We just need @ONenvironment to actually do their job and protect our water. https://t.co/8kMcIydXNd
— Water Wells First! (@WaterWellsFirst) 3 October 2017
Ahh… There’s nothing like being woken up at 6am by the sound of water destruction, I mean turbine construction.
— Water Wells First! (@WaterWellsFirst) 3 October 2017
We can be arrested for trespassing/blocking construction. But at least there is water in confinement/court compared to some of our homes.🙄
— Water Wells First! (@WaterWellsFirst) 3 October 2017
THIS!!
It’s so frustrating that @ONenvironment won’t do their job and protect our water. https://t.co/uVbE2dAAHp— Water Wells First! (@WaterWellsFirst) 3 October 2017
Reports say Water Wells First will continue to hold legal protests near the wind turbine construction sites in North Kent.
Jakubec said class action lawsuits are still possible as well.
– Photo credit: Water Wells First
