Class Action Lawsuit Update – July 20, 2016

Nomi Davis and Jessica Klein have initiated a Class Action Lawsuit against BC Hydro regarding the installation of wireless Smart Meters on their homes and businesses.

BC Smart Meter Lawsuit.CA

DECISION – JULY 12, 2016

http://citizensforsafetechnology.org/Judgment-of-Madam-Justice-Adair,84,4472

http://citizensforsafetechnology.org/CLASS-ACTION-Lawsuit-PACKAGE,2,3617

July 20, 2016: COMMENTS about Judge Adair’s DECISION not to certify the class action.  For now, please do not send in registrations or donations for legal costs.

Nobody has ever said that the challenge of bringing public accountability to BC Hydro would be easy, but significant and encouraging steps have been realized despite the court’s refusal of the application for class action certification of a civil lawsuit against BC Hydro.

Of greatest importance is that the foundational argument of the case survived the attack by BC Hydro, and the court found merit and plausibility in the success of a cause of action which embodied the Charter of Rights, Section 7 Liberty Interest. In short, the court recognized that the right to be free from government interference regarding choices of a fundamental and personal nature within one’s home was a valid argument. Now that’s a success that we would not have achieved without this class action application.

The court’s recognition of the Section 7 Liberty Interest as it relates to forced smart meter application and unacceptable microwave radiation emissions exposure therefrom is a major development and a big step up the stairway to success.

Where this court application for class action certification failed is in the identification of a common class. There are several main reasons which cause concern over smart meter installation – health damage, health concerns, fire risk, security & surveillance and billing concerns account for the majority of varied reasons which could give rise to a resident refusing a smart meter. Given that the court was analyzing the viability of the class action procedures, not the merits of the case, it is clear that the next action would be one where the class of persons would need to be narrowed so that there was a common issue within the group.

Since the court has affirmed the viability of a Section 7 Liberty Interest cause of action, now is the time to analyze how to use this valuable court decision as a relevant legal landmark upon which a refined case can be brought against BC Hydro.

It is also important to note that the decision did not assert that the microwave radiation emissions from smart meters is safe, and since the Notice of Civil Claim against BC Hydro was filed in 2013, recent credible science is reporting the possibility of devastating ill health effects from wireless exposure. Unfortunately, scientific articles which would have further supported health concerns were released after the court had closed submissions. Check out the US National Toxicology Program science article on brain and heart cancers from two years intermittent “cell phone” exposure. (http://biorxiv.org/content/early/2016/05/26/055699)

BC Hydro asserts that the Clean Energy Act allows them to act with impunity even though its actions and the roll out of the smart meter program violates our fundamental principles of a democratic society. We know that the Charter protection afforded to every individual in BC is activated when members of the public are being subjected to undemocratic and oppressive tactics of a governmental agency, and BC Hydro is not excluded from the responsibility to abide by the Charter of Rights. While we disagree with certain statements made in the court decision, we are thankful for the recognition of the validity of the Charter Section 7 Liberty Interest argument, and now continue to seek redress as we move ahead.

This decision has opened the way for individual civil claims against BC Hydro under the Charter Section 7 Liberty Interest. There can be as many individual claims as people feel their rights have been frustrated. Any customer of BC Hydro who is interested in pursuing civil action against BC Hydro is encouraged to take this Supreme Court Decision to a lawyer versed in constitutional law for an opinion on the merits of their individual situation. We would like to hear from anyone who receives legal advice affirming their case against BC Hydro under Section 7 of the Charter.

     CitizensForSafeTechnology

Una St. Clair                              Sharon Noble
Executive Director,             Director,
Citizens for                               Coalition to
Safe Technology                    Stop Smart Meters

                       CSSMBC

 

For complete information re Lawsuit:

http://www.stopsmartmetersbc.com/lawsuit/

How your Cell Phone may give you Brain Cancer

cell_phone_talking-300x150

In November 2014, Lloyd Burrell of ElectricSense published an excellent review of how the use of Cell Phones can cause cancer.

Lloyd has just updated this article with recent information.

Please read this updated article.  The details are frightening.

I studied the article and found this chilling projection by Lloyd:

43. Cell Phone Radiation Cancer Time Bomb: To give a sense to what this latency period could mean in terms of the incidence of brain tumors in the years to come, researcher Lloyd Morgan produced this alarming graphic showing that brain tumor cases could reach epidemic proportions within the next decade:

cell phones can cause cancerThis projection indicates that in 2019 there will be about 380,000 new brain tumors diagnosed in the US.  This is addition to all of the brain tumors diagnosed in the previous years.  And judging by the increase from year to year there will be many more each year in the subsequent years.
A university professor specializing in oncology in Alberta has termed this increase as a Tsunami that will bury the health systems of the world.

 

See full article by Lloyd Burrell at ElectricSense
http://www.electricsense.com/8822/cell-phones-cause-cancer-fact/

Study: Cell Phone High Risk Heart, Brain Tumors. Sharon Noble – June 7, 2016

Sharon Noble, the director of the Coalition to Stop Smart Meters in BC, is a guest of Jim Goddard who hosts the Goddard Report on TalkDigitalNetwork.com.  Sharon has been Jim’s guest many times and the show is available on-line.

In this interview, Sharon discusses recent research that shows that there is now a proven connection between Cell Phone use and Heart and Brain Tumors.

 

 

 

 

 

CERTIFICATION BODY (UL) DECLARES SMART METERS TO BE FIRE HAZARDS

Press Release by Coalition to Stop Smart Meters
– December 15, 2015

CERTIFICATION BODY (UL) DECLARES SMART METERS TO BE FIRE HAZARDS.

meter-fire-300x169

Smart meters have failed, melted and caused fires in British Columbia. While BC Hydro continues to deny that these devices pose risk of fires, Underwriters Laboratory admits it in its introduction of a “voluntary” standard:

“… design flaws in smart meter units have been known to cause serious fire hazards and spotty performance. This has caused a lot of concern for utilities and manufacturers of smart meters.”
http://www.metlabs.com/blog/meters/new-ul-2735-electric-utility-meter-standard-ensures-safety-and-performance/

It is doubtful that the “voluntary” certification will address all of the fire-causing features of these devices which are mandated by the BC Liberals for every home and business. For example, legal testimony in Texas stated that the smart meters do not fit properly into the  meter base, a base that was certified to hold an analog and nothing else. The smart meters’ blades leave a gap which causes arcing and fires.

“Childers explained that part of the problem was a loose connection between the meter and the meter base because the smart meters had thinner “blades” than the previous analog meters. (JD slip op. at 12, LL 36-38; Tr. 265, LL. 3-6).  Childers told Reed that the loose connection caused heat, which, in turn, caused an electrical arc, which resulted in “two pallets of burned up meters” in CenterPoint’s meter shop. (Tr. 265, LL. 13-22).”
http://www.stopsmartmetersbc.com/wp-content/uploads/2015/05/Reed_Answering_Brief-1.pdf  pg. 8  

The meters used by Houston’s CenterPoint Utility are the very same model, ITRON Openway,  used by BC Hydro and FortisBC.
https://www.itron.com/na/newsAndEvents/Pages/CenterPoint-Energy-Completes-Itron-Smart-Meter-Roll-Out.aspx

Months ago BC Utilities Commission (BCUC), BC Hydro, Energy Minister Bill Bennett,  and BC Hydro critic Adrian Dix were given this information and more,  yet these fire hazards remain on our homes.  

What more is needed to have these meters declared defective? Why are the BC Liberals, the BCUC, and the utility companies playing Russian roulette with our safety?

Newsletter 2016-05-18 Special report on fires

COVERING LETTER FOR “RESPONSES TO BCUC FIRE REPORT DRAFT”:

As you all know, last June and July I submitted an official complaint to BCUC charging that it was BCUC’s responsibility under the BC Utilities Commission Act to protect the public from unsafe practices. BCUC was failing to do its job by ignoring the information that I had provided showing that the smart meters that BC Hydro is installing have failed, melted and burned.  BCUC has consistently said it was prevented by The Clean Energy Act and Direction 4 from interfering in any aspect of the program. I argued this did not apply to safety, and that the BC Utilities Commission Act took precedent over the actions taken by this government to preclude BCUC’s involvement.

After several months, I was told that staff report regarding my allegations and evidence would be ready by the end of 2015. In the middle of February, 2016, I was told the draft report was ready and BCUC asked if I would like to read it and make comments. Of course I said yes. They gave me 2 weeks to do so, with comments submitted on March 3.

In mid-April when I asked when the report would be published, I was told the staff was working on revisions, and I should be given a date within 2 weeks. At the end of April, I was told no date could be given. A week later I asked again because the public deserves to know what was in the draft — which I believe to be damning. Again I was told no date could be given. Last week I advised the BCUC that unless they disapproved of my releasing my comments without its report, I would do so today.  They did not respond.  I have taken that absence of disapproval as acquiescence.

I have gathered comments for your information with paraphrases of statements from the draft. The draft contained confirmation that no one — not the Provincial Fire Commissioner, not the BC Safety Authority, not BC Hydro — is tracking smart meter incidents. It seems that I have more information about what is happening than any of these agencies who are mandated to know, do know. And what is worse, no one seems to be concerned.

I have provided the full details of my comments in the attachment:

Responses to BCUC Fire Report Draft by Sharon Noble:

http://www.stopsmartmetersbc.com/wp-content/uploads/2016/05/BCUC-fire-report-responses-1.pdf

which is long and detailed. Each of my charges and statements can be fully substantiated with documentation.  Below is a summary with which I concluded my response to the draft.

This should provide more than enough evidence to support our demand that these meters be declared defective and removed from our homes. Our lives and property are being put at risk.

Summary:

I would like to present you with a scenario to make abundantly clear the problems that now exist with the smart meter investigative process. The premise upon which this scenario is built is a hypothetical, so no admissions are required of you.  It is, after all, just a hypothetical.

1 – A home catches fire.  The inciting cause of the fire is the smart meter.

2 – That’s the hypothetical.  What follows is not hypothetical.  It’s reality.

3 – While the fire is being fought, BC Hydro removes the smart meter.

4 – BC Hydro immediately sends the meter to ITRON without doing any investigation.

5 – When the fire department’s inspector inspects the scene all the evidence points to the area of the meter as being where the fire started, but with the smart meter gone, he is forced to say that the ignition source is “undetermined”.

6 – The BC Safety Authority is not called so this agency with the electrical experts have no opportunity to view the fire scene.

7 – The fire report is not completed for 15 months and therefore is not put on the system in time for the fire to be included in the annual report, but even if it had been, there is no accounting for fires with “undetermined” igniters.

8 – The result is that no one knows the smart meter caused the fire and BC Hydro is able to say it is not aware of any situation where a smart meter was determined responsible for causing a fire.

9 –  BC Hydro commissions and pays Mr. Len Garis to write a report about smart meter safety. Mr. Garis uses only the incomplete, inaccurate Fire Commissioner’s annual report, concluding that there have been no smart meter fires.

It is obvious that no one agency is in charge of this program with regard to safety and oversight. All of the attention has been given to getting smart meters on homes at all costs without regard to the health, safety or desires of BC Hydro customers.

I would ask that BCUC fulfill its role of protecting the public according to the BC Utilities Commission Act by doing the following, at the minimum:

  • Require that an immediate and complete investigation by independent qualified forensic experts of the safety of ITRON smart meters currently on homes in BC be undertaken;
  • Establish one agency that has the responsibility for coordination of the various reporting agencies to ensure regulations are followed and that tracking/reporting of all fires is done as per those regulations;
  • Establish meaningful penalties (e.g. firing) for those who disregard or allow others to disregard regulations, e.g. removing smart meters from fire scenes before official inspection has been done, or neglecting to inform the BCSA of an electrical incident before the scene has been corrupted;
  • Amend the BC Electrical Safety Regulation which currently exempts utilities from any and all safety regulations, ensuring that any utility equipment that is put on private residences and businesses is certified by a qualified agency (CSA) or a professional electrical engineer licensed in BC.

Given the lack of oversight and due diligence by any of the agencies, it must be considered that other fire hazards might exist that are not being reported or addressed. The problems are systemic and likely not specific to the smart meter program. If it were not for members of the public who devoted much time and effort to investigating and documenting the problems, it is likely that they never would have come to attention. This failure must be investigated by an independent body with the authority to enforce recommended changes.

 The smart meter program is unique in that devices that have been known to have caused problems elsewhere, e.g. in California, and for years before the program began in BC, are mandated to be on every home and business. Lives and property are being put at risk by the very government and agencies who are sworn to protect them. It should not be left to the members of the public to fight the government and BC Hydro to protect themselves and their homes.

Click here to see BCUC responses to “Fire report”

 

Sharon Noble
Director, Coalition to Stop Smart Meters
“It is dangerous to be right when the government is wrong”
~ Voltaire

RCMP summoned to investigate WiFi threat

The Royal Canadian Mounted Police, famed worldwide as “rescuers” and titans of justice, has been summoned by Capt. Jerry Flynn (ret.) to rescue Canada from radiation pollution.

RCMP, also known as “the Force” and the “Mounties,” is a federal national police force that works on a contract basis with three territories, eight provinces, 190 municipalities, 184 aboriginal communities and three international airports.

Flynn this week called on the Public Health Agency of Canada to direct RCMP “to conduct a criminal investigation into Canada’s radio frequency and extremely low frequency scientific community beginning with Health Canada’s radiation protection bureau.”

Read More here – http://www.odwyerpr.com/story/public/6883/2016-05-11/royal-canadian-police-summoned-wi-fi-threat.html

WiFi Saturation in small home – A precautionary tale.

I have a GigaHertz HF59B RF-analyzer meter which allows me to measure RFR (radio frequency radiation) from many sources like cell towers,  cell phones,  cordless DECT phones and wireless routers.  The meter shows the readings on a screen in µW/m² in 3 ranges from 0.01 to 20,000.  And there is a speaker that allows me to listen to the various radiation so I can tell if it is a cell tower,  cordless phone or a wifi router.  I consider this meter indispensable in my RFRadiation Detective work.

One day when I was assisting at a local seniors centre some seniors with computer problems, I showed the effect of the local wireless wifi router on my HF59B meter.  The meter’s sound was turned up and this made my students pay close attention.  After some discussion about the use of wifi routers and the potential health effects, one student invited me to look what was going on in his home.

So, I went for tea and cookies and did some RFR measuring and what I found was very interesting and disturbing.

Telus had installed a wireless router to handle several Optik TVs in the house.  This setup worked well except that the wireless function was not necessary.  The router was set on top of the piano close to the dining table and the computer desk, all within 6 feet.  The RFR from this router measured at 1 ft peaked at 20,000 µW/m² which is very very high. So the people eating at the table or working at the computer desk would have high RFR exposure.

Nearby, Shaw had installed a wireless router to handle the single wireless laptop computer in the house.  This router was set on the floor next to the computer desk and close to the dining table.  The RFR from this router measured at 1 ft peaked at about 5,000 µW/m² which is quite high.

In summary, this small house was saturated with RFR from the 2 high powered routers.  Also, the small house had aluminum siding which would have kept most of the RFR bouncing around inside the house increasing the exposure many times.  I think that the siding may not have been grounded.

I believe that RFR at any level has an impact on the health of the people involved.  This fact is supported by 1000’s of reports but dismissed by governments and telecommunication companies because of major financial pressures.  High levels of RFR create more health problems.  Upon questioning the couple that lived in the house, they said that they were tired a lot of the time and had head aches often.  The wife said that she liked getting out of the house, maybe because she felt uncomfortable when in the house.

We discussed the findings and they instructed me to turn off the wifi on both routers and to hook up the laptop to the Shaw router using a cat5 cable which I did.

Now there is no wifi RFR in the house and the levels were down to less than 5 µW/m² with the occasional spike from outside of the house to 10 µW/m².  I surveyed the home and the RFR was very low in all rooms.

I hope to interview the couple later to determine if they find any difference in life in a RFR free home.

Findings

1 – Telus had a router with high level wifi for no purpose.  The optik TV setup did not need the wifi function.
2 – Neither Telus or Shaw informed  the customer of possible health effects of high levels of wifi RFR.
3 – Average people know nothing about the possible health effects of wifi.

Responsible iPad Use in Classrooms – Petaluma

I had thought that the Apple iPad was only wireless but that is apparently not so.

You can use the iPad connected by the router by a wire (CAT5 cable is technical term) and you can turn the wireless function off in both the router and the iPad.

Wow, now I can authorize the use of wired iPads by my grand kids.  And I can now use an iPad with them.

See this facebook group for details.

Responsible iPad Use in Classrooms – Petaluma
https://www.facebook.com/groups/966677386741719/