[BC Hydro - Opt-out - Salt Spring Island, BC] Is the Liberal’s “Smart” Meter Opt-Out – a Form of Legal Entrapment? by Chris Anderson - Gulf Islands Driftwood - September 18, 2013: - gulfislandsdriftwood/opinion/opt-legal-entrapment/#.UjpH9LyKwdQ Our Green MP Elizabeth May does not like BC Hydro’s wireless “smart” meters. At the Community meeting Friday the 13th, she explained that the new meters imposed by BC Liberals, should be wired – meaning no RF (radiofrequency) transmitters affecting health. She said that a precautionary approach is appropriate, regarding health impacts of wireless technologies, and recalled how she is slammed by opponents whenever she engages in this “controversial” health debate. She referred to how - theoretically - this new technology could – but in reality does not - help families lower consumption. In theory it would be possible – and Greens originally supported Smartmetering on this basis – to allow us to view our real-time usage of electricity, enabling us to lower wasteful consumption. She described how in fact BC Hydro’s “Itron Open Way” wireless meters fail to show real-time usage, but rather just provide a general picture of use, which she suggested isn’t helpful in terms of an educational approach to energy-saving. Updating the ‘spymeter’ situation: all who resisted are receiving Hydro’s “Meter Choices” letter, demanding that we choose one of 3 ridiculous options: 1) get a radiating meter at no charge, 2) get one with the 2 RF transmitters “off” for $100. down and $20.00 extra per month, or 3) keep the safe analogue and pay an extra $35.00 a month. Gulf Islanders for Safe Technology joins many outraged citizens in rejecting these illegitimate terms, which amount to bullying and extortion. Add to this the exorbitant rate hikes saved for after the election, of around 40%, and many who wisely reject these poorly-built, fire-starting meters will be starved for this essential service, thanks to Liberal and Hydro’s mismanagement. Alarmingly, as a leaked report reveals (Vancouver Sun, Sept. 14), Liberals are bi-passing both consultation with the public and the regulatory process. They are avoiding Utilities Commission overview, with the recently-announced rate hikes, just as they did with ramming through the Smartmetering program. As Vaughn Palmer writes: “… the Commission has been neutralized once again”. And it looks possible they may again ignore democratic process with the illegitimate, extortionate charges for those avoiding being “smart” metered. Hydro concedes that the Gulf Islands have the highest number of ‘refusniks’, allegedly at around twenty percent. Given the Hydro and Liberal track record of misinformation, we can only assume that all numbers are higher than claimed, including for the sixty thousand hold-out figure claimed by Hydro. At $35 a month, Hydro’s figures amount to a whopping $25 Million a year in undeserved revenue for not providing a service! How unjust to expect refusniks to pay to not be irradiated, spied on and rendered vulnerable to cyber-attack! The “opt-out” scheme ignores totally the civil rights of an even larger cohort throughout BC - namely those who received wireless meters against their will and who need it removed. All BC resistance groups advocate guarding your rights to refuse unsafe and unhealthy wireless utility meters, and recommend waiting, as strategies develop, and warn against signing on to Hydro’s recent letter of entrapment. All advise that this is a sneaky attempt to re-contract those refusing “smart” meters. It is a Legal Notice, and unless countered by another legal process Hydro’s agenda stands. Resistance organizers are recommending two very different strategies, which we suggest folks consider as to which is best for them to adopt. This requires some investigation as to which of these mutually-exclusive paths to take, as one method cancels the effectiveness of the other. First we have the legal efforts via a Class Action now awaiting a hearing. More plaintiffs and contributions are needed to add to the force of this effort to defend our human rights. Citizensforsafetechnology.org and the Coalition to stop smart meters – stopsmartmetersbc.ca – are organizing this good effort. Important detail: participation in any such court action eliminates the protection of the other strategy being used by over fifty thousand BCers – namely the Common Law Claim of Right - COR. This second approach refers to an area of Contract Law, and is less understood – even by lawyers – than the expensive, more conventional Court option. Some are confused that the COR remedy – described well on BCFreedom [s/b bcfreedom.wordpress/]- is “risky”, whereas careful scrutiny shows it is effective, is routinely used in business and is legitimate. COR advocates suggest that the legal system is rigged. COR is defined under Section 35 of the Canadian Criminal Code, and defends our right to not be trespassed. Serving Hydro with your Claim of Right has proven 100% successful so far, in the year since a legal team created documents for this remedy. With the latest Liberal tricks however, it’s now necessary to serve a revised COR against Hydro. Please stay tuned for the imminent arrival of new documents. This option involves research and effort, as Common Law is complex. Proponents of both resistance strategies agree that Hydro has no right to force this unsafe “smart” technology on citizens, and no right either to re-contract customers against their will, or to tack on extra charges to our bills. Our robust resistance to the unsafe Smartmetering plan justifies Elizabeth May’s declaration that the Gulf Islands is not just another community “it’s a movement!”
Posted on: Sat, 21 Sep 2013 20:00:22 +0000
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