Citizens for Safe Technology
Empowering the public to protect children
and nature from unsafe wireless technologies.
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Please find attached, for service upon BC Hydro, the Plaintiffs' written representations in support of their application to amend. These have been filed with the Court today, October 1, 2015.
ADDITIONALLY: Application to Amend
TABLE OF CONTENTS
II. ORDERS SOUGHT ON APPLICATION FOR CERTIFICATION
III. CERTIFICATION ISSUES
IV. PLEADINGS DISCLOSE A CAUSE OF ACTION
A. Approach to review of pleadings
B. Health concerns
C. Personal choice
D. Charter overview
E. Charter, Section 7 - Liberty Interest
F. Charter, Section 7 - Security Interest
G. Territorial privacy under the Charter, Section 8
H. Biological effects trigger Charter rights
I. Pleadings applicable to business premises
J. Opt-Out Fees, Failed Installation Fees and Service Refusals
K. Fundamental Principles of Justice in Context
L. Regulation of Electrical Service in British Columbia
M. BC Hydro is exempted from regulation in two respects
N. BC Hydro exempted from having to obtain a CPCN
O. Fortis not exempted from having to obtain a CPCN
P. Direction No. 4 exempts BC Hydro from BCUC scrutiny with respect to its "Meter Choices Program"
Q. Customer resistance against BC Hydro's installation of RF-Emitting Meters
R. Meter Choices Program
S. Direction No. 4 authorizes the mandatory imposition of RF-Emitting Meters
T. Customer "choice" & Direct Communication during Election Period
V. RF-Emitting Meters are not necessary to BC Hydro
W. Principles of Fundamental Justice - Overview
Z. Gross disproportion
AA. Lack of parity
BB. Lack of democratic process
DD. Each element of the cause of action is supported by pleadings of fact
EE. The test for determining whether the pleadings disclose a cause of action
FF. Charter damages V. STANDARD OF PROOF ON CERTIFICATION
A. Proposed classes
VI. IDENTIFIABLE CLASS OF TWO OR MORE PERSONS 68
VII. COMMON ISSUESA. Legal standard
VIII. PREFERABLE PROCEDURE
A. Legal test
B. Whether questions of fact or law common to the members of the
class predominate over any questions affecting only individual members
C. Whether a significant number of the members of the class have a valid interest individually controlling the prosecution of separate actions
D. Whether the class proceeding would involve claims that are or have been
the subject of any other proceedingsi. BCUC Exemption by way of the CEA
E. Whether other means of resolving the claims are less practical or less efficienti. Overview
F. Whether the administration of the class proceeding would create greater difficulties
than those likely to be experienced if relief were sought by other means
G. Certification fulfills the advantage of access to justice
H. Certification fulfills the advantage of judicial economy
I. Certification fulfills the advantage of behaviour modification
J. Summary of preferability inquiry
IX. REPRESENTATIVE PLAINTIFF
A. Legal test
B. Each representative plaintiff would fairly and adequately represent the
interests of his or her respective classi. Overview
C. The representative plaintiffs have produced a plan for the proceeding that
sets out a workable method of advancing the proceeding on behalf of the
respective classes and of notifying class members of the proceeding
D. The representative plaintiffs do not have, on the common issues, an
interest that is in conflict with the interests of other class members
X. CORPORATE CUSTOMERS
TABLE OF AUTHORITIESSchedule A - Assertions of Health Concerns
(October 1, 2015) In the Supreme Court of British Columbia Between: Nomi Davis and Jessica Klein (Plaintiffs) and British Columbia Hydro and Power Authority (Defendant)
Please find attached, for service upon BC Hydro, the Plaintiffs' written representations in support of their application for certification. These have been filed with the Court today, October 1, 2015.
ADDITIONALLY: Application for Certification
A. Orders sought
Ashland, Massachusetts Public Schools have implemented Wi-Fi Device "Best Practices" which include turning the Wi-Fi off when not in use and keeping devices on a table.
" . . . Based on its own review of the matter, the Ashland Public School District is reducing wireless radiation exposures to children by instituting district wide "best practices for mobile devices". Spurred by parent Cecelia Doucette's concerns about the lack of safety data on Wi-Fi and children, the district investigated the issue and developed a policy to substantially reduce wireless exposures to students and staff. Doucette not only brought the issue to the district's attention, but then also worked with state legislatures who introduced two bills concerning electromagnetic radiation this session. The Environmental Health Trust submitted written testimony on MA Senate Bill 1222 after expert scientists presented information on wireless health risks at a briefing at the Massachusetts State House in June 2015.
"Since wireless devices are constantly emitting radiation even when the user is not using the Internet, the instruction to "turn it off when not in use " stops the Wi-Fi antennas from continuously emitting radiation and is one simple way to reduce the radiation dose and exposure time for children and staff. . . .
"This ground breaking policy action by the Massachusetts school district is indicative of the wave of parents raising concerns about Wi-Fi across the country. Ashland, Massachusetts parent Cecelia Doucette wrote an article in Ashland Local Town Pages about these new best practices. Significant news and print media have picked the issue up after Massachusetts parents filed a lawsuit against a private boarding school alleging the school did not accommodate their 12-year-old child's diagnosed debilitating sensitivity to the school's WiFi system.
"Ashland is the first US public school to create such policy on wireless transmitting devices. However, this US Massachusetts school district now joins dozens of schools and governments that have already implemented even more stringent measures to reduce wireless exposure to children. For example, Israel and France have banned Wi-Fi in kindergarten. The European Union recommends wired Internet rather than wireless in schools.
"Right To Know" efforts by local governments are also moving across the United States. . . .
for Electrogmagnetic Radiation, as Applicable to Smart Meters - Ronald M. Powell, Ph.D.
C4ST - Do YOUR Riding's Candidates Care?
In June 2015 the Conservatives, Liberals, and NDP on the Parliamentary Health Committee unanimously voted to educate and protect Canadians from the growing concern around wireless radiation.
Does your candidate care?
We are asking all candidates running for Member of Parliament, if elected, to agree to support efforts to work with Health Canada and other appropriate agencies and organizations to:
• Develop an awareness campaign relating to the safe use of wireless technologies, such as cell phones and Wi-Fi, in key environments such as the school and home. (see official HESA recommendation)
• Investigate, and potentially adopt, measures taken in other countries to limit the exposure of vulnerable populations, including infants, and young children in the school environment to radiofrequencies. (see official HESA recommendation)
• Improve the testing, diagnosis, treatment and data collection regarding electromagnetic hypersensitivity and its possible impact on health in the workplace. (see official HESA recommendation)
• Establish a system to report potential adverse reactions to radiofrequency fields. (see official HESA recommendation)
SEE ALL 12 RECOMMENDATIONS MADE BY THE PARLIMENTARY COMMITTEE ON HEALTH (HESA)
To be delivered to BC Provincial Health Office - ONGOING
This resolution is intended to address the concerns of citizens regarding the escalating growth of wireless radiation in British Columbia. We invite the signatures of medical health professionals and researchers who wish to join with us in bringing attention to the hazards of electromagnetic radiation.
Hello Fellow Citizens:
As citizens of British Columbia, we have created a British Columbia Resolution on the Proliferation of Electromagnetic Radiation and we are requesting your support. The resolution is at the address below. http://petitions.moveon.org/sign/the-british-columbia-1
The purpose of the resolution is to force our Provincial Health Officer Dr. Perry Kendall to take action to implement the precautionary principle...rather than continuing on his current course of willful blindness and denial. It will ultimately be delivered to the British Columbia Provincial Health Office.
We are seeking the signatures of medical and other health professionals as well as all concerned citizens. Beneath the signature panel there is space to add comments... your comments are especially useful to us and welcomed.
We request your consideration towards signing our resolution. If you know of others that may be interested in supporting this initiative, we would appreciate you forwarding this email to them.
Thank you for your time, and good luck in fighting this fight that we must win...at any cost.
Ron Gordon Maple Ridge BC
"When injustice becomes institutionalized, resistance becomes a duty."
Whereas the population of the Province of British Columbia is not currently protected by effective and authoritative guidelines or regulations governing exposure to involuntary or incidental, non-thermal, electromagnetic radiation in their homes and public places, the British Columbia, Canada, organization - Citizens for Safe Technology - in collaboration with the undersigned, hereby passes the following Resolution.
West Coast Action Alliance - To call attention to the effects of war games over the sacred and beautiful land of the Olympic National Park (reposted from February, 2015)
This area includes the last remaining temperate rainforest in all of North America. It is the quietest region in the country. Eight tribal nations, hundreds of thousands of residents live here, and more than 3 million people come to visit each year. . . .
This is a wonderful confluence of WiFighters helping each other.
Please support them by signing their PETITION
This testing is happening all over the US, so we need to get good at fighting this.
Dr. David O. Carpenter, Martin Blank Ph.D., Dr. Stephen T. Sinatra, Professor Olle Johansson
The Fay Board of Trustees received these four letters from scientific experts in electromagnetic fields.
They have been submitted to "Wi-Fi in School ADA Federal Complaint Against School After Child Fell Sick From Wireless Installation."
Federal complaint seeks injunctive relief for violation of the Americans with Disabilities Act and damages for breach of contract and negligence. PRELIMINARY INJUNCTION
Create a Mechanism for Canadians to Report Adverse Reactions to Wireless Radiation
"The Standing Committee of Health (2010) report . . . obtained recommended that:
"Health Canada ensure that it has a process in place to receive and respond to reports of adverse reactions to electromagnetic radiation emitting devices.
"In this document obtained by C4ST under the Access to Information Act, the memo from Health Canada to the Minister of Health states: "HC does not support the recommendation to establish an adverse reaction reporting process specifically for RF exposures."
"Help us encourage Health Minister Ambrose to follow the Parliamentary Committee recommendations by gathering signatures on the below petition to be presented in the House of Commons.
Wireless Radiation Reporting - House of Commons Sitting 209 (English)
Published on 22 Jun 2015
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Citizens for Safe Technology (CST) is funded and supported solely by those who wish to help us. Thank-you for learning, sharing and helping if you can.
Meetings and events on the issue of wireless technologies in homes and communities throughout North America.
Click the button above to sign our online petition to return to hardwired computers in schools.
Click the button above to sign our online petition against Smart Meters in British Columbia.
Citizens For Safe Technology
"Wi-Fi: Is It Safe?"
Citizens for Safe Technology is a not-for-profit educational society made up of parents, grandparents, teachers, business professionals, scientists, politicians and lawyers concerned about the exponential increase in public exposure to harmful wireless technologies.
We believe a profound urgency exists to protect the unsuspecting public, especially children, youth and pregnant mothers from unsafe wireless technologies.
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