Open Submission by Carmen Krogh, regarding the ERT for Niagara Region Wind Corp.

By Carmen Krogh, BScPharm
May 25, 2015
To Whom It May Concern
MATTER OF an appeal by Mothers Against Wind Turbines Inc and Renewable
Energy Approval No. 4353- 9HMP2R issued by the Director, Ministry of the
Environment, on November 6, 2014 to Niagara Region Wind Corporation.
This Commentary is public and may be shared.
I declare no potential conflicts of interest and have received no financial support with respect
to the research and authorship of this Commentary.
1. ERT Case No. 14-096 states the onus on the Appellant:
[8] Pursuant to s. 145.2.1 of the EPA, the onus is on the Appellant to establish that
engaging in the Project in accordance with the REA will cause serious harm to human
health and/or serious and irreversible harm to plant life, animal life or the natural
environment. (Page 4)
2. The ERT dismissed the Appeal:
[9] For the reasons that follow, the Tribunal finds that the Appellant has failed to meet
either the Health Test or the Environmental Test and has not established the necessary
elements of a s. 7 Charter violation and, therefore, the appeal is dismissed. (Page 4)
3. Ms. Shellie Correia, mother of Joey, testified during this ERT and provided a letter from
her son’s specialist, a Behavioral Pediatrician.
Joey has been under the specialist care for 8 years and is diagnosed with a “Sensory
Processing Disorder”.
Excessive, uncontrollable noise can lead to sensory overload and Joey’s specialist noted
that Joey “is exceptionally more vulnerable”.
With respect to his condition, the specialist states “Wind turbines concern me, given my
strong knowledge of neurobiology.”

4. Other members of the community testified regarding their concerns associated with
children being exposed to IWTs while at home, at school (or both), or while visiting.
5. Ms Correia provided additional citations such as Joey’s Individual Education Plan in
support of his risk factors and that of children in general. See the Appendix below.
6. Ms Correia has advised Premier Wynne, Energy Minister Chiarelli, the Approval Holder
and the project manager, and many others in an effort to protect her son and other
children from harm.
7. Several 3 MWatt IWTs will be in close proximity, with one of the turbines 550 metres
from the family home.
8. Joey and other children will have to travel past transmission lines while attending school
and for other purposes.
9. In its Decision, the ERT states:
[119] In response to Ms. Correia’s concerns about the impact of noise on her son who
has “developmental issues, including ADHD, anxiety and serious processing issues
(mainly, but not exclusively aural)”, Dr. McCunney said that he is unaware of any
scientific literature that suggests that wind turbine noise would adversely affect the
health of a child with these developmental disorders. (Page 28)
10. Dr. Robert McCunney testified on behalf of the Approval Holder. His qualification states:
[95] On agreement of the parties, Dr. McCunney was qualified by the Tribunal as a
medical doctor specializing in occupational and environmental medicine with
particular expertise in the health implications of noise exposure. He provided expert
opinion evidence on behalf of the Approval Holder. (Page 21)
11. Based on this qualification, indications are that Dr. McCunney was not appearing as a
Behavioral Pediatrician, specializing in assessment and care of children with
developmental and mental health problems.
12. Regarding noise in general, the World Health Organization has identified the fetus,
babies, children and youth including those with pre-existing medical conditions and
special needs as a vulnerable population group.
World Health Organization, Children and Noise, Children’s Health and the
Environment, WHO Training Package for the Health Sector,

Commentary ERT Case No. 14-096
By Carmen Krogh, BScPharm, May 25, 2015
Any errors or omissions are unintended.
Another WHO reference relating to children states:
Noise is an underestimated threat that can cause a number of short- and long-term
health problems, such as for example sleep disturbance, cardiovascular effects, poorer
work and school performance, hearing impairment, etc.
World Health Organization Noise Facts and Figures
Stansfeld and Matheson (2003) state:
It is likely that children represent a group which is particularly vulnerable to the non-
auditory health effects of noise. They have less cognitive capacity to understand and
anticipate stressors and lack well-developed coping strategies. Moreover, in view of
the fact that children are still developing both physically and cognitively, there is a
possible risk that exposure to an environmental stressor such as noise may have
irreversible negative consequences for this group…
Stephen A Stansfeld and Mark P Matheson (2003), Noise pollution: non-auditory
effects on health, British Medical Bulletin 2003; 68: 243–257 DOI:
Additional citations on children’s risk factors from exposure to noise in general are available.
Research indicates the fetus, babies, children and youth including those with pre-existing
medical conditions and special needs are a vulnerable population group to the effects of noise
exposure in general.
The specialist who has diagnosed and treats Joey states:
I, as a “normal brain” (or typical brain) individual would not want this risk to my
mental health (or my children’s) in my neighbourhood. The placement of these
devices must be thoughtful and, of course, “first, do no harm.”
And that:
In a developed society like Canada, we must advocate and protect the most vulnerable
members. Joey, and all our children deserve our thoughtful and ethical best.
Commentary ERT Case No. 14-096
By Carmen Krogh, BScPharm, May 25, 2015
Any errors or omissions are unintended
The World Health Organization comments it is not necessary to wait for full scientific proof
before taking action:
…where there is a reasonable possibility that public health will be damaged, action
should be taken to protect public health without awaiting full scientific proof.
World Health Organization, Guidelines for Community Noise, WHO (1999).
The Policy Interpretation Network on Children’s Health and Environment comments on the
precautionary principle:
Policies that may protect children’s health or may minimise irreversible health effects
should be implemented, and policies or measures should be applied based on the
precautionary principle, in accordance with the Declaration of the WHO Fourth
Ministerial Conference on Environment and Health in Budapest in 2004.
Report WP7 Summary PINCHE policy recommendations Policy Interpretation
Network on Children’s Health and Environment (PINCHE) Policy Interpretation
Network on Children’s Health and Environment QLK4-2002-02395
The Council of Canadian Academies Panel states in its assessment of IWT noise:
…that there is a paucity of research on sensitive populations, such as children and
infants and people affected by clinical conditions that may lead to an increased
sensitivity to sound.
Council of Canadian Academies (2015) Understanding the Evidence: Wind Turbine
Noise, The Expert Panel on Wind Turbine Noise and Human Health, Executive
Summary, Page xvii.
This raises the question whether Appellants and concerned families will be expected to wait
until children-based research demonstrates that “engaging in the Renewable Energy Project
in accordance with the Renewable Energy Approval “will cause serious harm to human
health” (“Health Test”).
If so, are there any potential legal-ethical concerns?
Carmen Krogh, BScPharm
Ontario, Canada
Commentary ERT Case No. 14-096
By Carmen Krogh, BScPharm, May 25, 2015
Any errors or omissions are unintended
Appendix: documents provided to the ERT
1.Open Submission on Risk of Harm to Children May 15/2013
2 Open submission on Risk of Harm to Children Dec 27/2012
3 Letter from Carmen Krogh, requesting help from PM Harper and Peter Mckay Re: UN
Rights of the Child.
4 Arline L. Bronzaft, Noise from Wind Turbines: Potential health Effects on Children.
5 Welfare of Children at Risk, Due to Wind Turbines, Parents Reporting.
6 Joey Correia’s Individual Education Plan
7 Letter from Dr. Calvert, Joey’s Specialist, Regarding Sensory Processing Issues.
8 Information about Auditory Processing Disorder – From Website, KidsHealth from
8a Letter from Retired Special Education teacher, Susan Smith, Re: Children & Wind turbines
8b Letter from School Superintendent, William C. Mulvaney
9 Brett Horner’s Open letter to health Canada, (Discontinue Ongoing Experiments)
10 Dr. Sarah Laurie’s Concerns Re: Health Canada Study
11 Ways to Improve Future Health Studies – Multi-Municipal Wind Turbine Working Group.
12 “Critique on Infrasound Study”, by Jerry Punch
13 Dr. Maria Alves-Pereira on Vibro-Acoustic Disease
14 Canadian Journal of Rural Medicine – Industrial Wind Turbines, and Health Effects.
15 Summary of 21 Peer-Reviewed Articles on Adverse Health Effects, on IWT’s.
16 Mothers Against Wind Turbines…Call for a Moratorium.
17 Open Letter/Press Release from N.A.P.A.W.
18 Victim’s Statement’s, from Wind Victims Ontario
19 Letter to PM Harper and Peter McKay, Minister of Justice
20 Letter to Dr. Murray, and Dr. Weiss.
21 Letter to Premier Kathleen Wynne, May 6
22 Letter to Premier Kathleen Wynne, Apr. 18
23 Letter to Steve Klose, M.O.E.
24 Letter to Ombudsman, Andre Marin
25 Attempts to Speak with NRWC.
26 Speeches Read at Local and Regional Councils, to Appeal for Help

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