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Appeal court decision affirms protection for killer whales
Environmental groups celebrate victory after federal government ordered to pay costs of failed appeal
Vancouver — The federal Court of Appeal has upheld a precedent-setting ruling that confirmed the federal government is legally bound to protect killer whale habitat, according to a judgment released today.
In its judgment, the Court of Appeal unanimously dismissed nearly all aspects of the federal government's appeal and ordered the government to pay the associated costs. This means that essentially all of the original ruling, which found that the Department of Fisheries and Oceans (DFO) had failed to legally protect killer whale critical habitat, has been upheld.
"Ecojustice and our clients are very pleased with the Court of Appeal's decision," said Margot Venton, staff lawyer at Ecojustice. "In upholding the original ruling, the Court of Appeal has confirmed that it's time to get on with the business of actually protecting these killer whales."
Ecojustice, representing a coalition of nine environmental groups, successfully argued in Federal Court last year that DFO had not met its legal obligation to protect killer whales. The court ruled that the Minister of Fisheries and Oceans must legally protect all aspects of killer whale critical habitat — including their food supply and the quality of their marine environment.
DFO appealed that decision, claiming that discretionary provisions in the Fisheries Act adequately protect the critical habitat of aquatic species such as the killer whale. The Act however, does not make critical habitat protection mandatory, as is the case under the Species at Risk Act. Instead, the Fisheries Act gives Minister Keith Ashfield broad discretion to authorize activities that destroy habitat.
"The original ruling, and now the Court of Appeal's judgment, have confirmed that the fate of killer whales should not be left to the discretion of politicians," Venton said. "These whales must be protected by law. They need spaces to feed, breed and raise their young if their populations are going to survive and recover."
Central to the case are two distinct populations of killer whales that traverse British Columbia's coastal waters, the northern and southern residents. At last count there were 264 threatened northern residents and just 87 endangered southern residents. Both species are listed under SARA.
Killer whales are considered a "sentinel species," which means their health is a bellwether for the overall health of the ocean environment in which they live.
In his decision last year, Federal Court Justice James Russell held that DFO had failed to legally protect killer whale critical habitat and made 13 declarations that included:
- DFO unlawfully relied on non-binding policies and guidelines, as well as government discretion, to protect habitat.
- DFO unlawfully limited the scope of legal protection to exclude biological elements of critical habitat.
- DFO has a legal obligation to protect the biological aspects of critical habitat, such as prey (food) availability and marine environment quality, through law.
The victory was precedent-setting for the more than 90 endangered and threatened marine species listed under the Species at Risk Act, all of which depend on healthy habitats to survive.
For more information on the killer whales, please see our backgrounder.
Ecojustice is representing the David Suzuki Foundation, Dogwood Initiative, Environmental Defence, Greenpeace, Georgia Strait Alliance, International Fund for Animal Welfare, Raincoast Conservation, Sierra Club of BC and the Wilderness Committee.
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For more information, please contact:
Margot Venton, staff lawyer | Ecojustice
604.349.2333
Tim Leadem, staff lawyer | Ecojustice
604.315.8418
Jeffery Young, aquatic biologist | David Suzuki Foundation
604.764.6142 (cell) | 604.732.422 ×1225
Sarah King, oceans coordinator | Greenpeace
778.227.6458
Gwen Barlee, policy director | Wilderness Committee
604.202.0322 (cell) | 604.683.8220 (w)
Christianne Wilhelmson, executive director | Georgia Strait Alliance
604.862.7579 (cell) | 604.633.0530 (w)
Misty MacDufee, biologist | Raincoast Conservation Foundation
250.818.2136 (cell)
Colin Campbell, marine campaign coordinator | Sierra Club BC
250.386.5255 ×236 | 250.361.6476 (cell)
Will Horter, executive director | Dogwood Initiative
250.418.1672 (cell)
Endangered turtles and sharks lose out in MSC longline swordfish certification
Halifax—Sustainable seafood advocates were disappointed by the recent decision to allow the Marine Stewardship Council (MSC) to eco-certify the Canadian longline swordfish fishery that is responsible for high bycatch of sharks and endangered sea turtles.
On February 7th the world's largest seafood certification system dismissed an objection filed by three major marine conservation organizations—the Ecology Action Centre, the David Suzuki Foundation, and the Sea Turtle Conservancy—allowing the certification to go ahead with only minor amendments to conditions that require some additional detail on timing of implementation.
The MSC assessment of the fishery acknowledges that two sharks die for every swordfish caught in this fishery and that the fishery kills between 200- 500 endangered sea turtles every year. Neither fact will prevent the newly-certified fishery from selling swordfish marked with MSC's 'blue check mark' as of March 2012. Longline-caught swordfish is listed on Canada's SeaChoice Red 'Avoid' list, the Monterey Bay Aquarium Seafood Watch Red 'Avoid' list, and Greenpeace International Seafood Red List. These assessments are based on the best science available, include strict conservation criteria, and are not paid for by industry clients.
"We're at a point where eco-certification of seafood means less and less," says Jordan Nikoloyuk, Sustainable Fisheries Coordinator of the Ecology Action Centre. "This certification really adds confusion to the marketplace and eco-conscious shoppers have to take the time to ask questions about how their fish is caught or risk being misled and even ripped off by certification companies."
The objection submitted by conservation organizations proposed that the high levels of shark and sea turtle bycatch, the low levels of at-sea monitoring, and the fishery's unwillingness to move toward international best practices are reasons why it should fail the MSC certification process. In his written decision, the adjudicator for the objection did not evaluate arguments about evidence and instead showed "deference to the determinations of the Certification Body."
"This certification sets a low-bar precedent for pelagic longline fisheries and undermines other MSC certified fisheries that truly deserve recognition in the marketplace, "said Scott Wallace, Sustainable Fisheries Analyst for the David Suzuki Foundation. He concluded that, "a fishery operating far below best practices and that has significant, ongoing impacts on endangered species should not be framed as an environmentally-friendly choice for consumers who truly care about the health of our oceans."
The conservation organizations are recommending that retailers take a hard second look at this certification before committing to procure the product. If retailers value overall ocean health, then the turtle and shark by-catch in this fishery should deter them from procuring this product under their sustainable seafood policies.
The objecting conservation groups are asking retailers and restaurateurs to commit to choosing harpoon-caught swordfish, which is available as a bycatch-free alternative, instead of this unsustainable long-line caught swordfish.
Marydele Donnelly, Director of International Policy for the Sea Turtle Conservancy, notes "harpoon-caught swordfish is an excellent choice and will ensure consumers aren't eating swordfish with huge sides of shark and turtle." She adds, "The U.S. market needs to take a hard look at Canadian levels of bycatch."
This fishery now must undergo annual audits to keep its certification. No fishery has had its certification revoked in the MSC's 11 years of operation.
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For more information, please contact:
Jordan Nikoloyuk, Sustainable Fisheries Coordinator, Ecology Action Centre, (902) 446-4840
Scott Wallace, Sustainable Fisheries Analyst, David Suzuki Foundation, (778) 558-3984
Marydele Donnelly, Director of International Policy, Sea Turtle Conservancy, (410) 750-1561
Final Salmon Aquaculture Dialogue standards won't solve threat to wild salmon
CAAR sees advances but urges closed containment
Vancouver—Although the final draft Salmon Aquaculture Dialogue (SAD) standard pushes improved performance in the net cage industry, it does not adequately protect wild salmon and the environment, according to the Coastal Alliance for Aquaculture Reform (CAAR). After seven years of hard work by numerous stakeholders, including the international salmon aquaculture industry, CAAR has concluded that closed containment salmon farming is the only verifiable way to effectively reduce or eliminate the key negative environmental impacts of salmon farming.
"The final draft SAD standard is stronger than any of the other certification systems currently being touted by the industry," said Jay Ritchlin, Director of Marine Conservation at CAAR member group the David Suzuki Foundation, and a Steering Committee member of the SAD. "Unfortunately, there are too many uncertainties to say it is strong enough to protect wild salmon or marine ecosystems and, for the CAAR groups, that is our bottom line."
CAAR is particularly concerned that the standard falls short in a number of significant areas including elimination of disease transmission between farmed and wild fish. It does not adequately address the impacts of existing exotic species. While there are some important limits on the use and discharge of antibiotics and toxic sea lice chemicals, the standard does not eliminate them. The standard is intended to certify individual farms, and thus struggles to deal with the cumulative impacts of the industry and its potential expansion.
One significant concern is that the SAD standard does not compare salmon farm performance to ecological benchmarks. It compares salmon farms to other salmon farms and while SAD certified farms would clearly be better performers than farms not meeting the standard, the standard does not rank their performance compared to the needs of the environment, or to other forms of seafood, farmed or wild.
CAAR member groups agree that while the SAD standards cannot ensure truly environmentally responsible practices, they are measurably stronger and based on a far more credible process than other standards such as those being promoted by the GAA (Global Aquaculture Alliance) Best Aquaculture Practices and Global Trust. The SAD also addresses key social and labour issues in a globally significant way.
"We recognize and appreciate the incredible effort made by all SAD Steering Committee members, from industry and environmental groups, as well as the invaluable input and participation by individuals and stakeholders around the world," said Ritchlin. "The information gained and the lessons learned will never lose their value. That information, however, has served to confirm CAAR's position that closed containment systems are currently the only verifiable way to protect wild salmon and the environment."
Despite concerns about this standard, CAAR will remain on the SAD Steering Committee to influence the standard's implementation, to follow through on what has been a strong process and to evaluate the evidence collected from farms that apply to use the standard.
About CAAR
CAAR was formed in 2001 to ensure salmon farming in British Columbia is safe for wild salmon, marine ecosystems, coastal communities and human health. Today the coalition has over 10,000 supporters across four continents and is comprised of the following conservation groups:
• David Suzuki Foundation
• Georgia Strait Alliance
• Living Oceans Society
• T. Buck Suzuki Environmental Foundation
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For more information, please contact:
Jay Ritchlin, Director of Marine and Freshwater, David Suzuki Foundation, (604) 961-6840
Jodi Garwood, Communications, David Suzuki Foundation, (604) 732-4228 ext. 1281
Twelve GTA groups team up with David Suzuki Foundation to launch community projects
Groups from Markham, Pickering, Scarborough, and Toronto join Camp Suzuki this weekend
Toronto — This weekend a dozen teams from the Greater Toronto Area will be participating in the David Suzuki Foundation's new leadership training project, called Camp Suzuki. Over the course of two full day workshops at Toronto's Brickworks, the teams will begin the process of developing an innovative local project idea that connects people from their diverse networks and communities to nature.
"We at the David Suzuki Foundation are trying to do something a bit different," said Aryne Sheppard, manager of community leadership at the David Suzuki Foundation. "Instead of relying on traditional ways of engaging the public in environmental issues, this weekend we will be connecting with members of a diverse range of communities and interests to help take their inspiring project ideas and make them a reality."
The 12 teams were selected from more than 50 applicants for the program and include a wide range of communities and groups from around Rouge Park in the east end of the GTA. The teams include individuals from a Toronto settlement agency, a Markham Chinese youth group, high schools from Pickering and Scarborough, outdoors and naturalist clubs, an engineering firm and a university performing arts department.
While the groups' ideas are works in progress right now, the potential projects include: a weekend biking and camping adventure for new Canadians in Rouge Park; a campaign to appeal to gym-goers to get outside for their fix; a classroom-based butterfly rearing program; and a 'verbatim theatre' play about the wonders of the Rouge Valley.
"The goal of Camp Suzuki is to connect with these local community champions and empower them to initiate and launch these amazing projects," continued Sheppard. "Over the next eight months, David Suzuki Foundation staff will be working closely with the teams to assist in the development of the projects and help identify challenges and opportunities throughout."
The two-day workshops will take place January 28th-29th at the Evergreen Brickworks.
Camp Suzuki is part of the David Suzuki Foundation's efforts to connect GTA residents with nature in their communities and help establish Canada's first urban National Park in the Rouge watershed. The Rouge is a wild green space straddling the communities of Markham, Pickering, Scarborough and Toronto. It includes the current Rouge Park and the region's best remaining wetland, largest remaining Carolinian Forest, and is home to two National Historic Sites. The proposed Rouge National Park will be more than 30 times larger than High Park and provide public transit-accessible wilderness for millions of residents.
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For more information, please visit www.davidsuzuki.org or contact:
Aryne Sheppard, David Suzuki Foundation (416) 348-9885 ext. 1574
Jode Roberts, Communications, David Suzuki Foundation (647) 456-9752 (cell)
Business Leaders Urge B.C. to "Stay the Course" on Climate Leadership
VANCOUVER - In an open letter released today, 85 British Columbia business leaders call on the provincial government to reaffirm and strengthen its leadership on climate change.
The letter appears one week after Canada's federal government pulled out of the Kyoto Protocol, and highlights the opportunity that provinces have to create jobs while reducing the carbon pollution that causes global warming.
"British Columbia is globally recognized for implementing one of the most progressive carbon policies toward climate stability," said MEC CEO David Labistour. "We all benefit — businesses, communities and ecosystems alike — from the province's continued leadership on the carbon tax, and we encourage Premier Christy Clark and her cabinet colleagues to stay the course with effective pricing."
The letter calls British Columbia's carbon tax "one of the best tools we have at our disposal to fight climate change." That tax is set to rise to $30 per tonne next year, but the provincial government has not yet indicated what will happen after that point. Today's letter urges the province to commit to a schedule of further increases, in a way that is fair and enables all B.C. businesses and communities to be part of the solution.
"Meeting the climate challenge isn't just the right thing to do, it also makes good business sense," said Richard Kouwenhoven, the senior vice-president of customer service and business development at Hemlock, one of the largest commercial printers in the province. "We're proud of B.C.'s leadership on carbon pollution, and like many other businesses we want to see it strengthened."
"B.C.'s clean-tech industry is already generating $2.5 billion a year, and employing approximately 8,400 people," said David Demers, CEO of Westport Innovations. "B.C.'s strong roots in innovation and clean technology help deliver a positive signal to the investment community and provide an ideal environment for low-carbon investment."
According to the National Round Table on the Environment and the Economy, by the middle of this century, human-caused warming could cost our nation up to 25 percent of its wealth. Without strong leadership, hundreds of thousands of British Columbians could face lost jobs and missed opportunities.
"The International Energy Agency says we have fewer than five years to act to avoid irreversible global warming," said Bing Thom, one of Canada's most celebrated architects. "This is not the time to waver; this is the time to strengthen and build upon our existing climate policies."
The open letter was coordinated by Tides Canada, The Pembina Institute, and the David Suzuki Foundation.
The open letter can be found on our website. (PDF)
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