Tasked with a death watch

When it comes to endangered species, we’re looking for ways to avoid the ‘litigation as law enforcement’ model we’ve had to take to get action for the most vulnerable organisms and ecosystems in Canada. One big step forward would be better provincial laws for endangered species, and in British Columbia there is hope that may just happen.

The feds already have a law, the Species at Risk Act, though we’ve consistently needed to take them to court to implement each incremental step the Act requires to protect species and their habitat. And federal law does not apply automatically on provincial land, except to aquatic species and migratory birds, but most land in Canada is provincial, only a minority of species are aquatic or migratory birds. Meanwhile, most provinces have yet to introduce legal protections for species and the habitat they depend on - greatly reducing our chances of ensuring that these species survive, let alone recover.

That might be changing in British Columbia, where we’re seeing talk that may lead to a meaningful species at risk law. Thanks in part to a multi-year effort by Ecojustice and our coalition partners highlighting the need for such a law, the BC government announced plans in its August Throne speech to create a Species-at-Risk Task Force. The team will be tasked with developing a new vision for endangered species protection in collaboration with the people of BC, and Ecojustice will be watching closely to see that this initiative delivers a much-needed endangered species law; as of now, the task force is yet to be created.

BC is Canada’s richest province biologically, but already at least 43% of BC’s +3800 species are at risk of disappearing. With a successful task force and a new provincial law we can end the current ‘death watch’ of endangered species in BC and provide a model for the rest of Canada.

Ecojustice Wins at the Supreme Court!

This morning at 9:45 a.m. we received word that we won our Supreme Court case concerning the Red Chris mine! We’ve been waiting for this ruling since we presented our case last October, and it’s a monumental victory for us, for the environment, and for public participation that will benefit Canadians for years to come.

The Court ruled that the Canadian government violated the Canadian Environmental Assessment Act when it split the project into artificially small parts to avoid a comprehensive assessment and public consultation. Despite the significant environmental risks posed by this mine, the Department of Fisheries and Oceans and Natural Resources Canada limited their assessment to a fraction of the mine proposal, removing the actual mine from its environmental review and rubber-stamping a provincial assessment. The Court has ruled that, in the future, the public must now be consulted about major industrial projects, such as large metal mines and tar sands developments.

“The Supreme Court has given Canadians back their voice and, with it, their ability to influence major industrial development across the country,” said Ecojustice lawyer Lara Tessaro, who represented MiningWatch Canada on the case. “This landmark decision confirms that the government can no longer shirk the environmental protection duties that Parliament has assigned to it.”

The proposed Red Chris mine is located near the Sacred Headwaters, the birthplace of Northern BC’s three greatest salmon rivers – the Stikine, Nass and the Skeena. Called “the Serengeti of the North” for its rich biodiversity, the area’s wildlife and waterways are severely threatened by the project. Most shocking of all, the mine seeks to wipe out pristine Black Lake by converting it into a “tailings impoundment area” – a dumpsite for toxic mine waste. And while the ruling did not stop the Red Chris mine from going forward, contrary to some industry reports this does not mean that the mine has been approved. Ecojustice and Mining watch will continue to follow the project throughout the future federal permitting process, and will oppose any permits that threaten our lakes and rivers, or that risk the health of the Sacred Headwaters area. In the meantime, we have successfully secured stronger environmental accountability for future projects throughout the country.

We’ll continue to fight the Canadian government policy of turning lakes into tailings dumps, in BC and across the country. Thanks to this win, our efforts will be even more successful in the future.

Climate battles to the courts

The Globe and Mail recently wrote that “it may only be a matter of time before the battle over global warming moves into a courtroom.” In fact, Ecojustice has already taken it there, and we’re now waiting to hear if our case, Canada’s first global warming lawsuit, will be heard by the Supreme Court of Canada.

Our landmark legal challenge argues that the Harper government is breaking Canadian law by failing to comply with the Kyoto Protocol Implementation Act (KPIA). Despite being passed in 2007, the government has ignored the Act and failed to enact the legally binding climate change regulations it calls for. Meanwhile, the Conservative’s plan to address climate change doesn’t come close to reaching the greenhouse gas targets that we have committed to achieving. Given Harper’s repeated reference to our climate change obligations as unrealistic and unachievable, it’s not surprising that we have weak reduction targets and industry-friendly standards in the place of leadership, action or regulation.

The Harper government’s lack of regard for this law, combined with reports of their obstructionist tactics at last month’s Copenhagen talks, leaves Canada wide open to harsh criticism from governments, groups and citizens taking action on the climate crisis – we will see what our top court has to say about this disregard in the coming months.

We’ll keep the climate cases, solutions and results coming in the new year - looks like we have our work cut out for us.

Developing sustainability

We were in court yesterday, taking a hard look at Ontario’s approaches to land use planning and sustainable development - particularly decision-making at the Ontario Municipal Board (OMB).

The case involves a proposed golf course and condo development slated for the highly-sensitive Oak Ridges Moraine. The 120-acre development has already been rejected by the local municipality, but that matter is being challenged by the developers at the OMB. At risk is the integrity of the Oak Ridges Moraine itself, and good environmental decision-making in general.

We are there with our client Earthroots to ensure that challenges such as this one are heard by both the OMB and the Environmental Review Tribunal (ERT), convening a hearing panel together as a joint board. Green-leaning Ontarians have witnessed the developer-friendly atmosphere created by the OMB in the past, and have seen some very questionable decisions where efforts to promote local and environmental values have been lost. Environmental decision-making expertise in this province is found at the ERT, and in matters where planning and environment meet, a consolidated OMB/ERT hearing can better assess land use disputes with a greater eye towards sustainable development.

There’s a public interest in joining together land use and environmental protection decisions, avoiding multiple hearings on a single project, and integrating the land use issues with the ecosystem and drinking water source concerns posed by this proposed new development.

A decision on whether or not this challenge will go forward at the OMB alone, or a as consolidated OMB/ERT hearing, should be made in the next several weeks – we’ll keep you updated as the results come in.