Lawsuit Against BC Hydro
Lawsuit Against BC Hydro
Proceeding December 7–11, 2015
December 7 to 11, 2015
10:00 a.m. - noon; 2:30 – 4:00 p.m.
BC Supreme Court
800 Smithe St, Vancouver, BC V6Z 2E1
Commencing December 7, 2015, the Supreme Court of BC will have the first opportunity in court proceedings to hear the truth about BC Hydro’s flagrant disregard of our Charter Rights in relation to the deployment of their microwave radiation emitting smart meter program.
In addition to the Plaintiffs who commenced this litigation, six representative plaintiffs are supporting the lawsuit by way of personal affidavits which expose BC Hydro’s unacceptable conduct. The situation of each plaintiff is representative of the different circumstances forced upon thousands of BC Hydro customers who have had their democratic rights and freedoms trampled.
The scheduled BC Supreme Court proceedings in Vancouver, B.C. from December 7 to 11, 2015, are applying for the judge’s approval to certify this civil lawsuit against BC Hydro as a Class Action, thereby providing legal representation for all BC Hydro customers who have been actively and knowingly denied their constitutional rights.
The Plaintiffs’ position is that it is a fundamental personal choice for reason that “there exists a reasonable basis for concern about health risk so as to give rise to a right of autonomy and free choice as to whether a microwave radiation emitting Meter is operational from one’s own Dwelling.” Due to BC Hydro’s actions, the plaintiffs experience loss of personal choice and loss of autonomy to decide for themselves whether a microwave radiation emitting Meter will operate at their respective dwellings or place of business.
BC Hydro acts as a provincial government agent and is subject to the application of the Charter of Rights and Freedoms with respect to treatment of their customers. The Plaintiffs plead that BC Hydro’s requirements for electrical service are arbitrary, overly broad, grossly disproportional and lacking in parity, and have come into effect through a lack of democratic process.
This lawsuit challenges the constitutionality of the following conduct by BC Hydro:
a) Operation of a microwave radiation emitting Meter at a dwelling or workplace of a Customer who at any time requests that there be no operation of a microwave radiation emitting Meter.
b) Threatening or effecting a Service Refusal.
c) Exacting payment from a Customer of an Opt-Out Fee in exchange for BC Hydro abiding by the Customer’s choice to be free from the installation / operation of a microwave radiation emitting Meter at a particular dwelling or workplace.
d) Exacting payment from a Customer of a Failed Installation Fee related to BC Hydro’s attendance at a dwelling or workplace to install a microwave radiation emitting Meter where installation is not carried out because of either an objection made by a Customer or an obstruction.
This litigation also challenges the constitutional validity of the various legislative and administrative acts which BC Hydro claims gives them authority to act with impunity.
Legal documents, registration & donation forms can be accessed here: http://tinyurl.com/ou5mwbd
If you believe our society benefits from adhering to our Charter of Rights and Freedoms, if you refuse to accept the decline of a fair and respectful society in BC, if you believe citizens have the right to control their personal space, then set aside some time to stand up for our democratic values by being present during these important court proceedings against BC Hydro’s injustices. The plaintiffs would value your support as well, as they are fighting for the rights of all people in BC, those imposed with smart meters against their will, as well as those with “legacy” meters.
It is important to know that 96% of BC Hydro customers are not eligible for opt out choice due to arbitrary and inequitable “rule making”, including those objectors on whom a microwave radiation emitting Meter has been imposed against their will.
For a basic life necessity such as electricity, where participation is not a choice, consumers must have the freedom to choose. These are serious times worthy of some extra effort to stop the erosion of our liberties. Please attend at the court house.
On July 18, 2013, Bill Bennett, Minister of Energy and Mines for the BC Provincial Liberals, made the following statement by way of press release announcing BC Hydro’s “Meter Choices Program”:
“As we have said, nobody will be forced to take a smart meter. I believe that this is a fair and reasonable solution for all British Columbians”.
Well said, Mr. Bennett, and now, we remind you to stand by your words.
If Mr. Bennett had remained true to his documented assurances of fair and reasonable solutions for all people in BC, these court proceedings would not have been necessary at all.
We really hope to see you on December 7 to 11, 2015!
Una St.Clair, Citizens for Safe Technology Society Sharon Noble, Stop Smart Meters BC