2024-02-06 Update Federal Court Hearing — Salt Spring Island vs. Rogers & ISED

1) Below in Letters is a summary of the Federal Court Hearing that took place in Vancouver last Thursday. The hearing pertained to the Rogers cell tower on Salt Spring Island that was allowed to be erected despite regulations and policies being ignored. See update:

Letters: https://citizensforsafertech.ca/2024-01-29-bc-to-restrict-cellphones-in-schools/ 

I will share any information as Oona is able to provide it.

2) A newsletter by Safe Tech International that is full of interesting information and great links.

(click on photo to enlarge)

Impacts of Technology on War, Kids, Wildlife, and on Us All
Info, Resources, Updates, and Actions

https://mailchi.mp/safetechinternational.org/impacts-of-technology-on-war-kids-wildlife-and-on-us-all-16872798

3) Another newsletter, this one is from Katie Singer. Corporations take advantage of groups that need money. Telecoms, for example, have targeted churches, schools, senior citizens’ residences for their cell towers and transmitters, offering a few thousand dollars a month without warning about the health risks associated with the microwave radiation, or that their insurance will not protect them from lawsuits should someone become ill as a result. Having signed long-term contracts makes it very difficult (if not impossible) to have the emitters removed — the law usually protects the corporations. It takes great effort and ability to fight (as is happening on Salt Spring Island — see below) even when the laws have been ignored or broken.

What choices do we have—when a corporation wants to do business?

“Our society prioritizes technology and capitalism. Corporate proposals for new projects create divisions between people who aim to protect the Earth from techno-industrial damage and people who simply aim to survive.”

https://katiesinger.substack.com/p/what-choices-do-we-have

Letters:

https://stopsmartmetersbc.com/wp-content/uploads/2021/04/Rogers-and-CREST-Antenna-Tower-Application-Drawings-Water-Resv-Channel-Ridge-Estates-Site-North-Saltspring-ID-W2176-Salt-Spring-Island-BC-October-04-2019.pdf

From: Oona McOuat, Salt Spring Island, BC

Below is an update on last Thursday’s Federal Court hearing in Vancouver, but I will start with a request.

A Request

Please send positive energy to the Federal Court Judge Simon Fothergill, who heard our case on Thursday and is in the midst of rendering a decision. Our hope is that he will see and act with clarity, compassion, fairness and truth.

Ideally, he would order the tower to be dismantled.

Here he is:

The Hearing

Julian was amazing, truly. He was eloquent, strong, humble and responsive. He had so many complex facts & dates to juggle and tricky questions from the Judge to respond to. He represented us with grace, skill and courage.

The Judge, Simon Fothergill – who seemed supportive of and sympathetic to Julian and was a good listener – asked Julian a ton of questions at the start, which was unexpected.  In retrospect I think he was trying to make sure the case merited a Judicial Review.

The other lawyers pushed the ideas that we were going after the wrong decision, that Julian was not an “affected” party thus could not be initiating the review, that most of our evidence was inadmissible, and that ISED’s default consultation process was the correct document to be followed in the siting process (not true : ) and that Rogers had met all of ISED’s default requirements. (Also not true!).

The 4 lawyers present misconstrued and belittled our evidence, spoke in half truths, and made statements that were false – two were bumbling while the Rogers lawyer was pompous and hyped up. He had a female legal accomplice that sat without speaking but helped to keep him on track.(Rather telling that there were no female voices present if you think about it : )

The Decision

Justice Fothergill reserved a decision as was expected. He has a lot of material to review.

We will likely need to wait a couple of months to see what happens. It does not appear he will support our Big Ask – that he order the Tower to be dismantled. But he may decide that the dispute process between Rogers and the Salt Spring Trust should be triggered. We really tried to import why ISED – the federal government – should not be the arbitrator in this case as it has already shown its bias. Hopefully Justice Fothergill will stand by that, or it will be another sham.

Hard to trust the Islands Trust

Another concern is that the Salt Spring Local Trust Committee (SS LTC) and Trust staff have generally been totally incompetent from the get go around this tower siting. How well would they handle a formal dispute?

Although, before we filed this judicial review, the SS LTC did withdraw its approval for the project – ISED did not accept that recession – and then asked for the dispute resolution process to be triggered – ISED also did not accept that request – when we invited the Islands Trust to stand with us as an Affected Party, it refused, which means it became a Respondent in this case. (Someone we were fighting against.) The Trust did not file a legal brief, and did not show up at the Hearing. A letter it wrote simply said it did not want to be awarded costs and had no position on “the relief sought.”

Needless to say this lack of support – betrayal even – is extremely disheartening. Especially when the respondents’ Lawyers stated repeatedly that the Salt Spring Trust was not supporting Julian’s Application, in hopes of making us look like a bunch of renegades and trouble makers… (Which we very well might be : )

That’s it!

Take Good Care & Please send positivity to Justice Simon Fothergill.

With Love,
Oona

 

Sharon Noble, Director, Citizens for Safer Tech

“I’m telling you there is hope. I have seen it, but it does not come from the governments or corporations. It comes from the people.” Greta Thunburg

Sent from my wired laptop with no wireless components. PLEASE Practice Safe Tech.

www.citizensforsafertech.ca

 

Smart Meters, Cell Towers, Smart Phones, 5G and all things that radiate RF Radiation