Two Saskatchewan landowners have appealed a court decision that allowed construction of a high-voltage power line to proceed.
Gary Goodsman and Bernice Federspiel of the Stalwart area had asked for an injunction to prevent SaskPower from expropriating their land for the 230-kilovolt transmission line. They said the corporation had not obtained the required federal approvals under the Fisheries Act, the Navigable Water Protection Act and Migratory Birds Regulations.
Goodsman and Federspiel, members of Condie Line Evaluation and Review, a group fighting the project, also said they had not received a fair hearing regarding expropriation of their land.
Read Also
Short rapeseed crop may put China in a bind
Industry thinks China’s rapeseed crop is way smaller than the official government estimate. The country’s canola imports will also be down, so there will be a lot of unmet demand.
Last week in Regina, Queen’s Bench justice Ian McLellan turned down their application, saying there was no evidence fish habitat would be affected and SaskPower had approval to cross three rivers along the route.
A study found 57.5 migratory birds might be killed each year because of the line, but McLellan said they are not covered by the migratory birds act because birds which died after hitting vehicles or windows would not be covered.
The appeal, which was expected to be heard Feb. 26, says McLellan erred in his interpretation of the federal acts and in ruling that SaskPower was not required to hold hearings before expropriation.
Confident of victory
“I call it just a temporary setback,” said CLEAR spokesperson Vi Fuchs of the judge’s decision.
She said landowners she spoke with are “digging in their heels” and will continue to fight.
Meanwhile, in a Saskatoon Queen’s Bench courtroom last week, a judge ruled that SaskPower did not need permission from Meewasin Valley Authority to proceed with construction through the valley south of Saskatoon.
The authority had argued that SaskPower was subject to the Meewasin Valley Authority Act and that proposed developments must be approved through Meewasin’s development review program.
Construction of the $40 million line, which will run from Condie to Saskatoon along Last Mountain Lake, has begun in the Stalwart area and the project is to be completed by fall.
