Below is a quick summary of the superior court's justification:
here. The argument still confuses me, so I'll repeat what I wrote on that earlier occasion:
If the province's stock of endangered turtles is parceled out into discrete sub-populations, of which only one or two would be effected by a particular development, how could you stop any development?
The court seems to be suggesting that while the local population might be negatively effected, the mitigation efforts required by the apellants might lead to actions elsewhere that would enhance the health of the Blandings Turtle populations in Ontario generally. That's strikes me as very doubtful.
Fortunately, part (v) of the decision is enough to give one hope. Of course the main problem for turtles living near the wind-farm was not the presence of turbines, but the presence of a road network designed to bring workers and equipment to and from them. It was felt that increased traffic on this public network might lead to increased mortality among female turtles (who like to make their nests in the gravel at roadside).
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