Smart meter class action lawsuit against BC Hydro denied

A B.C. Supreme Court judge has rejected a bid by smart meter opponents to certify a class action lawsuit claiming BCHydro hasinstalledthe controversial devices in violation of personal liberty.

In a 36-page decision, Justice Elaine Adairfound there was no way to test key issues raised in the case: whether exposure tosmart meters causes biological effects and human harm;and if deciding not to have one on your dwelling is a "fundamental personal choice".

The judge also found aconflict between the groupsof people affected by the outcome of thelawsuit, which wasdriven by the Coalition to Stop Smart Meters and the Citizens for Safe Technology Society.

"The plaintiffs and those who have supported the CSTS and the coalition believe passionately in their position," Adair wrote.

"However, for others, that position simply represents the triumph of groundless hysteria over good science and holds the prospect that BC Hydro's remaining customers will have to pay higher rates. Success for one group would result in failure for the others."

Privacy, health and economic concerns

The court ruling lays out the history of a program which began in 2010 with the enactment of the provincial Clean Energy Act, requiring BCHydro to install smart meters by the end of 2012.

The wireless communication devices replaced so called"legacy meters". But theybrought with them a host of concerns about privacy, health and rate increases.

Opponents argued that forcing people to have smart meters on their homes was a violation of Section 7 of the Canadian Charter of Rights and Freedoms, which guaranteeslife, liberty and security of the person.

Among the proposed plaintiffs werea yoga teacher who fearedthe radio-frequency from the meters would interfere with the energy of her clients and an organic farmer who said that "as long asthe jury is out" onbiological impacts, she didn't want one of the devices on her farm.

Two others claimed BCHydro broke through padlocked barriers to replace their old legacy meters.

In July 2013, the province introduced a program for residential customersto opt out of the smart meter program at a cost. The proposed class action claimed that was also in violation of the notion of personal choice.

'End of the plaintiffs' fight?'

BCHydro argued that alleging the mere possibilityof risk is not by itself enough to support a claim of a breach of Charter rights.

In reaching her decision, Adairrelied on reports from BCHydro's expert Dr. Benjamin Cotts.

He claimed drawing conclusions about the impacts of smart meters onan entire class of people wouldbe virtuallyimpossible because of the millions of different variables ranging from location to thickness of walls and placement of the meters.

In denying the class action, Adair left the door open to the individual plaintiffs to continue with their suits; she noted thatCottssuggested an assessment of the impact of a smart meter on an individual homeowner could be done.

Given the history of the fight against smart meters, the judge wrote, "I am not persuaded that refusing certification would mean the end of the plaintiffs' fight."

In a statement, BCHydrosaid the companywaspleased with the decision, which follows victories on the same issue at theBC Utilities Commission, the B.C. Court of Appeal and the BC Human Rights Tribunal.

"The smart metering program is an essential investment to help us modernize our electricity system," the corporation said.

"The new meters have improved our ability to manage British Columbia's electricity system and have helped us meet our customers' electricity needs by enabling tools that can help save energy and money."