Toronto, Ont./ Traditional territories of several First Nations including the Williams Treaties First Nations, Huron-Wendat, the Anishnaabeg, Haudenosaunee, Chippewas, and the Mississaugas of the Credit First Nation — Ecojustice lawyer, Laura Bowman, has welcomed the reversal of the decision by the Ontario government to remove 7,400 acres of environmentally sensitive land from the Greenbelt. This is a key victory for everyone in Ontario including dedicated community activists, environmental groups, farmers, and Indigenous Peoples.

Following the announcement this afternoon by Premier Ford, she said:

“Greenbelt giveaways were never going to meet our affordable housing needs. Finally, today the Ontario government put the brakes on one key part of a biased process that is undermining plans to develop in urban areas.

“Developing on the Greenbelt would have resulted in large, unsustainable, and unaffordable homes. Destroying environmentally sensitive land, and destroying Ontario’s future food security, is not the answer to Ontario’s housing crisis.

“But the provincial government is still using poor planning policies such as highways through the Greenbelt and forcing communities like Hamilton to expand onto greenspaces. These are big giveaways to many of the same speculators who benefited from the Greenbelt removals, and many followed the same kind of biased, chaotic process. These other attacks on greenspace around the Greenbelt and across Southern Ontario need to be reversed too.

“It is time for this provincial government to stop treating our greenspace like a windfall to be granted to whoever comes begging and return to balanced planning to protect the environment, health and people.

“Today’s decision is thanks to the journalists who have covered this scandal, to the local communities who rallied and campaigned for its reversal, and to environmental groups like Ecojustice and our allies who highlighted the importance of the Greenbelt to this province.”

About:

Ecojustice uses the power of the law to defend nature, combat climate change, and fight for a healthy environment. Its strategic, public interest lawsuits and advocacy lead to precedent-setting court decisions and law and policy that deliver lasting solutions to Canada’s most urgent environmental problems.

Ecojustice Newsletter

Earth Month is here and with it a whole bunch of exciting stuff is happening at Ecojustice. We’ve got the long-awaited reform to the Canadian Environmental Protection Act still to come. In the meantime, we’ve just celebrated the House of Commons passing Bill C-226 which, once it receives Royal Assent, will become the first-ever federal law to tackle environmental racism!

Read The Scuba News Article on Young Ontarians in Court for Historic Charter Climate Case

As I write, we’re also expecting the verdict on our youth-led climate lawsuit against the Ford government any day now. No matter what happens, Sophia, Zoe, Shaelyn, Alex, Shelby, Madi, and Beze — backed by Ecojustice lawyers — have already made legal history.

Theirs is the first climate lawsuit based on the Canadian Charter of Rights and Freedoms to reach a full hearing in any Canadian court. Win or lose, these young people have brought the issue of climate change on youth and future generations to the forefront of the national debate.

Ecojustice Newsletter

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This month, the 15th Conference of the Parties (COP15) to the United Nations Convention on Biological Diversity (CBD) takes place in Canada. As the largest international biodiversity summit in more than a decade, this is Canada’s chance to step up as a leader in the global fight against nature loss.

Around the world, one million species are at risk of extinction. That means within two generations, we could see the collapse of entire ecosystems. All people in Canada, particularly Indigenous Peoples, depend on the well-being of the natural world to support our cultures, health, and economy. We rely on healthy ecosystems to provide us with the air we breathe, the water we drink and the food we eat.

COP15 is our opportunity to come up with a credible plan for humans to live in harmony with nature — before it’s too late.

When and where is it?

COP15, also known as Nature COP or the Biodiversity COP, will be held in Montreal, Quebec, from 7 to 19 December 2022. For the first time in over a decade, delegates from 196 countries will set new targets to halt and reverse the loss of biodiversity worldwide.

Didn’t we just have a COP?

Biodiversity and climate COPs are different. COP27, which just wrapped in Egypt, focused on the climate emergency and the need for countries to deliver on the landmark Paris Agreement. COP15 is focused on safeguarding plant and animal species and ensuring natural resources are used sustainably.

Despite these differences, there are clear and important overlaps in the goals of both summits. Around the world, biodiversity loss is exacerbating climate change by destroying nature’s ability to capture and store carbon. Nature-based solutions offer some of our best options in the fight against climate change.

Who’s in charge?

Although COP15 is taking place in Canada, China is still the host nation. The summit was originally scheduled to be held in Kunming, China in 2020 but was postponed several times due to pandemic restrictions. As Montreal is already the seat of the UN CBD Secretariat, Canada offered to hold the event here with China retaining its scheduled presidency.

What happened at the last nature COP?

At COP10 in 2010, governments from around the world agreed to an ambitious set of goals called the 20 Aichi Biodiversity Targets.  While governments have — so far — failed to meet these or any of the targets set in the history of the CBD, there is still hope that COP15 could be a turning point. A lot has changed since the last round of negotiations at COP10 in Japan over a decade ago. Environmentalists are hoping that COP15 will provide a common goal for nature protection, just as the Paris Agreement did for climate.

What do we want from this one?

At COP 15, countries are aiming to adopt a globally agreed framework called the Post-2020 Global Biodiversity Framework — for “living in harmony with nature.” The framework outlines what counties need to do, individually and collectively, to protect species and ecosystems. The vision is that by 2050 “biodiversity is valued, conserved, restored and wisely used, maintaining ecosystem services, sustaining a healthy planet and delivering benefits essential for all people.”

With large tracts of intact forest and one quarter of the wetlands remaining in the world, Canada is uniquely positioned to lead the way when it comes to protecting biodiversity. What we do with our environmental policies could have a ripple effect for the entire world.

The federal government has set ambitious biodiversity goals, but so far, it has a poor track record of reaching them. To ensure Canada hits its targets, we need laws that hold governments to account for meeting them and that respect the rights of Indigenous communities.

Learn more at: Ecojustice

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Ecojustice is supporting six members of the public in a complaint to the competition bureau alleging that Royal Bank continues to produce misleading advertising related to the bank’s commitments on climate action while financing fossil fuel development. The Competition Bureau is Canada’s federal law enforcement agency responsible for protecting consumers in Canada from companies making misleading and false statements.

Royal Bank has a long track record of continuously greenwashing itself while in reality it’s the world’s fifth largest funder of fossil fuels among private banks, and largest in Canada – and has publicly stated within the last month that it will not be ending investments in fossil fuels.

Moving forward on a complaint alleging greenwashing in advertising shows that government agencies are increasingly willing to crack down on companies who misrepresent their environmental credentials to the public. This complaint is part of a wave of legal actions around the world to challenge companies making bold climate claims not backed by credible actions.

Earlier this year, in a complaint brought by Ecojustice and the University of Victoria Environmental Law Clinic, Keurig was fined $3 million for misleading claims its coffee pods were recyclable, demonstrating that the Competition Bureau is willing to act when it comes to allegations of greenwashing.

The investigation will be conducted wholly by the Competition Bureau and could take up to two years to conclude.

Learn more at Ecojustice

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Traditional territories of several First Nations including the Williams Treaties First Nations, Huron-Wendat, the Anishnaabeg, Haudenosaunee, Chippewas, and the Mississaugas of the Credit First Nation – Seven courageous young people are before the Ontario Superior Court virtually today to challenge the provincial government’s decision to significantly weaken Ontario’s 2030 climate target. In 2018, the government gutted the province’s climate targets, enabling dangerous levels of emissions over the next decade. 

Backed by Ecojustice and lawyers from Stockwoods LLP, these young applicants involved in Mathur et. al. claim that the Ontario government has infringed on their rights to life, security, and equality under the Canadian Charter of Rights and Freedoms.  

This case is historic because it is the first climate lawsuit based on rights protected under the Charter to be heard on its merits in a Canadian court. Sophia, Zoe, Shaelyn, Alex, Shelby, Madi, and Beze argue that at a time when the science says that all governments must do more on climate action, the Ontario government has moved backwards. 

These young people in court today are part of an international movement challenging governments’ irresponsible climate actions through the legal system. In Germany, Colombia, Pakistan, the United States, and many other countries, young people have gone to court to demand that governments step up to the plate and do more to secure a safe and sustainable future for them and future generations. 

A victory for these young people could set a precedent under the Constitution that no government in Canada can take action that contributes to the climate crisis without potentially violating Charter rights.  

Our clients are following a long tradition of turning to the Charter at pivotal moments in the fight for justice. In the past, the Charter has been instrumental in making Canadian society more just and equitable by securing rights to same sex marriage, abortion, and numerous other rights.  

A victory in this case would mean real progress in the fight for a safe climate future and could set a historic precedent affecting how governments across Canada address the climate crisis. 

Danielle Gallant, Ecojustice lawyer, said:  

“This case is historic because it is the first climate lawsuit based on Charter-protected rights to reach a full hearing in any Canadian court. 

Throughout the world, legal challenges of government climate action have become a powerful tool for young people to demand change.” 

Nader Hasan, Stockwoods LLP, said: 

“We are in court today to argue that the climate emergency is a threat unlike the world has ever known. It will lead to a range of disasters that puts the very lives of young people at risk through increased risk of disease, extreme weather and the breakdown of food systems, cultural practices and political security across the globe.  

“The Ontario government is aware of this threat, and yet it passed a law that gutted the climate target for the province.” 

Sophia Mathur, Sudbury, Ont., said: 

“The climate crisis is going to impact everyone, both now and into the future. It is important for me to be part of this case because we need to stand up for the generations to come and make sure they have a safe and liveable planet.” 

Zoe Keary-Matzner, Toronto, Ont., said: 

“Being involved in this case is a chance to educate people in Ontario and across Canada about why we need strong climate targets to make sure we have a safe and sustainable future.” 

Shaelyn Wabegijig, Peterborough, Ont., said: 

“As an Indigenous person, not only do I have the right to address the impact of climate change in court, I have a responsibility to protect the sacred land, water and air that nourishes us and should nourish future generations.” 

Shelby Gagnon, Thunder Bay, Ont., said: 

“I’m concerned about the impact that climate change will have on people and the land that we depend on for our survival. As an Indigenous person from northern Ontario, I am already witnessing the impact of climate change on my community.” 

Alex Neufeldt, Ottawa, Ont., said: 

“I’m worried about the impact that climate change and extreme weather events will have on our future and the challenges that young people like me will face in building homes, businesses and communities.” 

Madison Dyck, Thunder Bay, Ont., said: 

“I love everything about Lake Superior- it is home to me. But the changes in the winter ice, and rising temperature of the water have me worried. Lake Superior is one of the fastest warming lakes in the world. As a lake that is known for how cold it is, this is a serious threat to the delicate ecosystem.” 

Beze Gray, Aamjiwnaang First Nation, Ont., said: 

“My home of Aamjiwnaang First Nation is beside Ontario’s Chemical Valley where Canada’s largest concentration of petrochemical refineries have impacted the health and well-being of my community. I’ve experienced firsthand the devastation caused by Canada’s oil industry.” 

Background:

• Mathur et. al. was launched in November 2019 to challenge the Ontario government scrapping its relatively progressive climate targets and replacing them with a significantly weaker 2030 target, enabling dangerous levels of emissions over the next decade. 
• On April 15, 2020, the government filed a motion to strike the case, arguing it should not proceed to a full hearing. The youth applicants countered this motion in July 2020, arguing that they deserved their day in Court. 

• This led to a historic win on November 12, 2020. For the first time in Canadian history, a court recognized that climate change has the potential to violate Charter rights and gave the youth the green light to move ahead to a full hearing. 
• The Ontario government then tried to overturn this ruling, but in March 2021 the Ontario Divisional Court dismissed the province’s request to appeal. 
• This makes Mathur et. al. the first case of its kind to clear key preliminary hurdles and move to a full hearing. 

About: 

Ecojustice uses the power of the law to defend nature, combat climate change, and fight for a healthy environment. Its strategic, public interest lawsuits and advocacy lead to precedent-setting court decisions and law and policy that deliver lasting solutions to Canada’s most urgent environmental problems. As Canada’s largest environmental law charity, Ecojustice operates offices in Vancouver, Calgary, Toronto, Ottawa, and Halifax. 

Nader Hasan and Justin Safayeni, of Stockwoods LLP, are veteran constitutional lawyers with a track record of holding government to account at every level court in Canada, including at the Supreme Court of Canada. In 2017, they led the successful legal challenge to seismic testing in the landmark Indigenous rights case, Clyde River v. Petroleum Geo Services Inc., 2017 SCC 40. 

Learn more at: https://ecojustice.ca/

Over the past year, we’ve become increasingly aware of the disastrous impacts of climate change in Canada. Last summer, in a matter of minutes, the town of Lytton, B.C. was wiped out as a wildfire surged through the homes of residents during a record heatwave. That same heatwave resulted in the deaths of at least 595 people in B.C. Later in the fall, the province was hit by flooding that killed 1.3 million farm animals.  In the Prairies, local farmers faced devastation as droughts impacted their livelihoods. In Ontario, wildfires covered the province in choking and dangerous smoke.

As the climate crisis rages, more people in Canada are demanding action from governments and political leaders on climate change. People want those in power to step up to the mark and take bold and ambitious steps to tackle the climate crisis.

But we are literally running out of time to reduce emissions and face down the climate emergency.

At the forefront of this climate fight are young people. They have marched in the streets and organized in their classrooms to fight for greater action on climate change.

They are also increasingly turning to the Courts as a last resort, seeking to hold governments to account for failing to do enough to secure a safe and sustainable future for their generation. Thankfully, 2022 could be a historic year for young people’s climate litigation in Canada.

Mathur et. al.

In November 2019, seven young Ontarians launched Mathur et. al. v. Her Majesty in Right of Ontario, a legal challenge of the Ontario government’s decision to significantly weaken the province’s 2030 climate targets.

When the Ontario government was elected in 2018, it repealed what were considered to be relatively strong science-based greenhouse gas reduction targets for 2020, 2030 and 2050. The provincial government then replaced these targets with a single, significantly weaker 2030 target that would allow dangerous levels of emissions to continue over the next decade.

Backed by Ecojustice, Sophia, Zoe, Shaelyn, Alex, Shelby, Madi and Beze are arguing that by reversing climate ambition in the province, the Ontario government violated their Charter rights to life, liberty, and security of the person. By weakening the province’s climate targets, the provincial government is increasing the risk of events like those we witness in the past year becoming even more common.

The science is clear – if we want to avoid a climate catastrophe, we need to reduce emissions to make sure that the world prevents warming above 1.5 degrees Celsius.

Despite repeated attempts by the Ontario government to have this case thrown out, these young clients refused to back down. In a historic ruling, the courts completely dismissed a motion to strike by the provincial government to stop the case from moving forward.

In September 2022, these seven young Ontarians will be heading to the Ontario Superior Court to argue that the Ontario government violated their Charter rights by weakening the province’s climate action.

Why could this case be significant?

This case is historic because it is the first climate Charter litigation to make it to a complete hearing on a full evidentiary record in a Canadian court.

When the Ontario Superior Court dismissed the provincial government’s attempt to stop this case, it made a landmark ruling in Canada. For the first time ever, a Canadian court ruled that fundamental rights protected under the Charter can be threatened by climate change and citizens have the ability to challenge a Canadian’s governments action on the climate crises under the highest law in the land.

Now, in a first for Canadian legal history, a government’s record of climate inaction will be put on trial.

Like in many places around the world, it is young people who are leading from the front.

In Germany, New Zealand, Portugal and Ireland, young people have gone to court to demand that governments step up to the mark and do more to secure a safe and sustainable future for them and future generations.

Legal challenges of climate inaction have become a powerful tool for young people to have their voices heard and demand that older generations do more to protect their future. They are literally in court fighting for their futures, and the futures of generations to come.

That is why Mathur et. al could be such a crucial case. Not only does it provide the opportunity for young people to have their voices heard on climate change in a court of law, but it could also set an important legal precedent on climate change in Canada.

If successful, the court could strike down Ontario’s 2030 climate target for being weak and ineffective and mandate the provincial government to set a stronger target in line with what the science tells us is necessary to limit warming to 1.5 degrees Celsius.

If Sophia, Zoe, Shaelyn, Alex, Shelby, Madi and Beze win their case, they could help establish an important precedent across Canada and put all governments on notice that young people are ready to hold them to account for climate inaction.

What can you do to help?

We’re asking people like you to declare that you believe that this lawsuit is in the public interest. Before the hearing this September, Ecojustice lawyers intend to file a list of people from across Canada who believe that Mathur et. al. is in the public interest

When you add your name to our record, you’ll be joining the list of people that care about this case and stand with Sophia, Zoe, Shaelyn, Shelby, Alex, Madison, and Beze. You’ll signal that you believe it is vital for the courts to weigh in on whether the Ontario government’s actions have violated the Charter of Rights and Freedoms.

Learn more at: https://ecojustice.ca/young-people-could-make-canadian-legal-history-in-2022/

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One of the greatest mysteries of office water cooler chats nationwide has finally been solved — is that giant box of single-use coffee pods really recyclable? Turns out, in most cases, the answer is no. 

In a major win for consumers and the environment, Keurig Canada has been ordered to pay a $3 million penalty for misleading consumers about the recyclability of its single-use plastic K-Cup pods. 

This victory comes following a 2019 submission by Ecojustice and the University of Victoria Environmental Law Clinic to the Competition Bureau which highlighted several instances of false and misleading marketing of K-cups as a ‘green’ and easily recyclable product for Canadian consumers.  

In addition to the $3 million fine, Keurig will make a $800,000 donation to an environmental charity and pay $85,000 in Competition Bureau expenses for the case. The company was also ordered to update its packaging and notify consumers of the changes to its recyclability claims on its website, social channels and through media outlets.  

Keurig reportedly agreed to settle a class-action suit in the United States over the same issue last month, although the details of that settlement are not yet public. 

Case demonstrates dangers of greenwashing for consumers and environment 

The Keurig decision highlights the pervasive issue of greenwashing of consumer products in Canada. Greenwashing is a dangerous and deceptive marketing practice where companies use unsubstantiated claims to deceive consumers into believing that their products or services are environmentally-friendly. 

While greenwashing is not new, it has increased over recent years to meet consumer demand for environmentally-friendly goods and services. The central danger in greenwashing is that it can mislead well-intentioned people into acting unsustainably, purchasing toxic, dangerous and environmentally-damaging products, without being aware of the risks. 

Greenwashing terms can also lead consumers to use or dispose of the product in a way that is counter-productive. In the case of Keurig, the company claimed its single-use plastic beverage pods could be recycled if consumers peeled off the metallic lid and emptied out any contents like coffee grounds. 

But the Competition Bureau found that K-Cups are not widely accepted for recycling in any province except in parts of Quebec and British Columbia and noted the company’s instructions didn’t go far enough for many cities that might accept the pods in a recycling program. A 2018 report from Toronto’s Solid Waste Management Service cited contamination issues and consumer confusion about the pods as a problem that increased the cost of waste management in the City. 

Sustainability cannot simply be a branding exercise – it must be at the core of business strategy 

Greenwashing attempts to persuade the public that an organization’s products, aims and policies are more environmentally-friendly than they actually are. As a result, companies may enjoy better sales or boost their reputations under the premise of environmentalism without actually incurring the cost or responsibility of implementing sustainable practices.  

Compounding the problem is the fact that environmental advertising is not tightly regulated and can be difficult to enforce. Buzzwords like ‘biodegradable’, ‘ecological’, ‘environmentally-friendly’, ‘natural’, ‘green’, and ‘sustainable’ have no clear definition or widely-recognized required standard to warrant those claims.  

In 2008, the Competition Bureau of Canada published guidelines for environmental claims in advertisements, requiring advertisers to avoid vague or misleading language, to include verifiable and specific information, and to provide relevant context in their claims. Those guidelines were later updated with a more limited scope. 

Five years ago, the Competition Bureau issued a warning to companies that ‘greenwashing’ their products is illegal in Canada. Despite this, greenwashing remains widespread in various industries across the country.  

How Ecojustice is combatting greenwashing 

Greenwashing is everywhere and fighting it can feel like an uphill battle. Strict regulations and enforcement are needed to ensure that companies cannot lie to consumers and damage the environment with impunity.  

In Canada, three key pieces of legislation govern advertising and liability: the Competition Act, the Consumer Packaging and Labelling Act and the Textile Labelling Act. The Competition Bureau of Canada is responsible for administering and enforcing this legislation. 

Under the Competition Act, Canadians can submit an application for inquiry to the Competition Bureau, calling on the Bureau to investigate a claim of greenwashing.  

In addition to the Keurig inquiry, Ecojustice has also prompted the Competition Bureau to open two other inquiries into greenwashing claims: about so-called ‘flushable’ wipes and the Sustainable Forest Management Standard. 

In 2019, a study out of Ryerson University made an alarming finding: Wipes, cloths, diaper liners and other products marketed as ‘flushable’ in Canada are not in fact safe to flush down the toilet. When these products are improperly flushed, they contribute to blocking sewage systems and pollute lakes, rivers and oceans. In response, Ecojustice filed an application on behalf of Friends of the Earth Canada, seeking an investigation by the Competition Bureau into false and misleading claims made by the manufacturers of 23 so-called flushable wipes and other single-use products. 

The ‘Sustainable Forest Management’ standard from the Canadian Standards Association (CSA) certifies and promotes wood products from logging operations — including in BC’s old-growth forests — as sustainable, which we believe is patently false and misleading. In July 2021, we filed a request for an investigation into the matter. 

Both of these greenwashing inquiries are ongoing. We hope the Keurig case signals the Competition Bureau will take meaningful action to hold companies to account for greenwashing. 

What can you do to make smart consumer choices? 

Filing a complaint with the Competition Bureau can be a useful legal tool but will not serve you much on your next trip to the store. So how can you get to the bottom of these greenwashing marketing traps? 

The first thing to do is ask questions and look deeper into a company’s environmental claims. If you see something on a label, visit the company’s website for more information. If the information there seems broad or vague, there’s a good chance there’s some greenwashing at play. Be mindful of companies playing on the ‘lesser of two evils’ concept — though a company may claim to be ‘greener’ than its competitor, if the product itself is unsustainable, does it really make a difference? This is true for many single-use items. 

If you’re still unsure, don’t be afraid to reach out to companies directly and question their claims. Transparency is important. If a company is not upfront with its practices and products, it might be because there’s no substance to their environmental claims.  

Lastly, try and shop with intention. Do your part by researching the products you plan to purchase before going to the store. And if possible, the best way to ensure you are being sustainable is to buy fewer things and avoid single-use products. Invest in well-made, sustainable products that will last you for years to come. 

The rise of greenwashing, paired with ineffective regulation, diminishes the power of environmentally-conscious consumers to make ethical product decisions. But with a little time and effort, consumers have an incredible amount of power to exert pressure on companies to adopt greener manufacturing processes and business operations. The recent Keurig decision also sends a strong message to other businesses that greenwashing is unacceptable and that if they mislead consumers there will be consequences.  

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CALGARY/TERRITORIES OF THE BLACKFOOT AND PEOPLES OF TREATY 7, HOME TO MÉTIS NATION OF ALBERTA, REGION III – Ecojustice says the report on Jason Kenney’s controversial public inquiry into “anti-Alberta” activities, which was finally released today after a two-year delay, was a colossal waste of time and money and sets a bad precedent for public inquiries in Canada.

The public inquiry was a campaign promise of Premier Kenney in the lead up to the 2019 Election. Ecojustice, Canada’s largest environmental law charity, challenged the inquiry in court on the basis that the circumstance and terms of reference demonstrate that the inquiry was biased and the outcome, predetermined.

Ecojustice also raised concerns that the process was procedurally unfair, in that Commissioner Allan never held public hearings, never granted access to the full record of the Inquiry, never gave an opportunity to cross examine witnesses, and never conducted interviews with the targets of the inquiry.

Ecojustice believes that its legal challenge, although ultimately unsuccessful, had the desired effect of alerting the public to the flaws in the Inquiry process.

As a result, the report concludes that neither Ecojustice nor other environmental organizations that campaigned against rampant oil and gas development in Alberta acted unlawfully or improperly, including in accepting donations from outside Canada to support their work.

Despite the four deadline extensions and the $3.5 million cost to taxpayers, all the information cited in the document appears to have resulted from web searches and can easily be found on Ecojustice’s website and in public communications and documents.

Devon Page, Executive Director at Ecojustice, said: 

“The report only confirms what we have said from the beginning: the inquiry was a witch hunt launched solely to intimidate people and organizations who – in response to the threats the climate crisis poses to our health, environment, and economy – are standing up to rampant development of Alberta’s oil and gas resources.

”In the two years that this inquiry has dragged on, the real impacts of the climate emergency on Canadians, the environment, and our economy have only become clearer. In the face of wildfires, water restrictions, drought and crop failure, Albertans understand that there is nothing ‘timely, economic, efficient and responsible’ about unbridled Alberta oil and gas development.

“Ecojustice chooses its legal work based on its mission to use the law to protect Canada’s environment and not because some funder dangled money in front of us.  We have always been open and transparent about where our funding comes from – unlike the Alberta government which continues to refuse to fully disclose the role foreign funding plays in Alberta’s oil patch.

“The ‘findings and evidence’ compiled in the report amount to a very expensive Google search – it could have been the summer job of an Albertan teenager. Albertans should be asking why a report based on online searches took so long and ended up costing taxpayers millions of dollars. “

Background 

• The Alberta government launched its public inquiry in July 2019.
• Ecojustice announced its legal challenge of the inquiry four months later, in November 2019.
• The deadline for the inquiry’s final report was extended four times to July 30, 2021.
• The province also increased the budget for the inquiry by $1M. The total cost to taxpayers now sits at $3.5M.
• In addition to needing an extended timeline and additional funding, the inquiry has been plagued with criticism, including in Commissioner Alan’s decision to spend more than a hundred thousand dollars commissioning reports from noted industry-friendly climate denialists and conspiracy theorists.
• In November 2019, Ecojustice discovered that inquiry Commissioner Steve Allen had made donations to the UCP party, raising questions of bias in the inquiry process.
• In March 2020, Ecojustice sent a letter to the commissioner highlighting secrecy in the inquiry process and urging more transparency.
• In January 2021, Ecojustice issued a statement condemning Allen’s decision to use Alberta taxpayer dollars to commission reports containing climate change denialism and skepticism.
• In February 2021, Ecojustice went to court to challenge the public inquiry into “anti-Alberta” energy campaigns. Ecojustice asked that the inquiry be quashed on the grounds that it was unlawful, biased, and an unfair use of government power.
• In May 2021, the Alberta Court of Queen’s Bench allowed the inquiry to proceed. The final report was to be delivered on May 31.
• After four deadline extensions, the report was finally released on October 21, 2021.

About

Ecojustice uses the power of the law to defend nature, combat climate change, and fight for a healthy environment. Its strategic, public interest lawsuits and advocacy lead to precedent-setting court decisions and law and policy that deliver lasting solutions to Canada’s most urgent environmental problems. As Canada’s largest environmental law charity, Ecojustice operates offices in Vancouver, Calgary, Toronto, Ottawa, and Halifax.

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After a fractious and sometimes heated campaign, Canadians have elected a Parliament that largely resembles the one elected less than two years ago in 2019. The Liberals managed to hold onto power for a third mandate, their second as a minority government.  

While the election campaign is finished, the interlocking climate, pollution and biodiversity crises continue to threaten the future of every person in Canada.  

It is now time for all parties to look beyond partisanship and move quickly to find common ground and work together to build a safer, healthier future for all people in Canada.  

Polling during the federal election shows that Canadians expect their political leadership to fight the climate crisis, reduce pollution, and better protect the air, land, and water we depend on for our survival and wellbeing.    

Here are four clear actions the new federal government can take in the coming months to show its commitment to confronting these challenges. 

Modernize the Canadian Environmental Protection Act  

The Canadian Environmental Protection Act (CEPA), which is supposed to protect Canadians from toxic pollution and environmental hazards, is one of Canada’s most important environmental laws. However, the law has not been updated in more than 20 years and it no longer effectively protects Canadians from modern-day harms.  

In the last Parliament, the government introduced Bill C-28, legislation introducing CEPA reforms — including language recognizing your right to a healthy environment, a first for Canadian federal law. This bill, while welcome and containing promising updates, still fell short of all the reforms needed to ensure CEPA adequately protects the health of Canadians and our environment. Because of the snap federal election, Bill C-28 was never debated in the House of Commons and died on the order paper.  

With Parliament expected to return in November, the new federal government must prioritize introduction of a stronger CEPA reform bill,  work with opposition parties in Parliament to pass it into law and deliver on the commitments made during the federal election.  

Ensure environmental justice for all 

Black, Indigenous and people of colour (BIPOC) are disproportionately impacted by environmental pollution in Canada — this is known as environmental racism.  

Environmental racism’s systemic nature means that everything that informs a particular decision — lobbying, laws and policies, who gets to have a say — leads to results that can and often do disproportionately hurt BIPOC communities. They harm peoples’ health, destroy natural environments, and threaten cultures. 

In the last Parliament, the National Strategy Respecting Environmental Racism and Environmental Justice Act (Bill C-230, a private member’s bill) was introduced, passed the environment committee and was due for a final vote in the House of Commons this fall. But due to the federal election call, this legislation also died on the order paper.   

During the election campaign, the Liberals committed to table legislation that would examine the links between race, socio-economic status, and exposure to environmental risk, and develop a strategy to address environmental justice. 

As they return to Ottawa, the government must move to quickly introduce an environmental justice bill to address and remedy the legacy of systemic environmental racism in Canada, and to chart a path to more equitable future.  

End thermal coal exports  

In June 2021, the last federal government recognized that “any new thermal coal mining projects, or expansion projects in Canada, are likely to cause unacceptable environmental effects”, and said this position will inform all future decisions of the federal government on thermal coal mining projects.  

The announcement effectively sounded the death-knell for any new thermal coal mining projects in Canada and was celebrated as a win for the climate given that thermal coal is the world’s dirtiest fossil fuel. 

But Canada still exports millions of tonnes of coal through its ports each year — much of which comes from the United States. During the election, the Liberals committed to going further by banning   thermal coal exports from and through Canada by no later than 2030.   

The continued export of thermal coal has no place in a world that is in the grips of a climate emergency. The sooner this policy is implemented, the sooner we get Canada, and the world, off coal. The new federal government must initiate the process to ban all thermal coal exports as soon as they get back to work in Ottawa.  

Deliver Canada’s first climate plan  

The Canadian Net-Zero Emissions Accountability Act, passed before the last Parliament rose, holds the federal government accountable for reducing Canada’s greenhouse gas emissions to net-zero by 2050.  

The new federal government will be responsible for delivering Canada’s first climate plan under this legislation. This first plan must set a high standard for governments of the future to follow and chart a clear and credible course to net-zero.  

In its campaign platform, the Liberals committed to a 40-45 per cent reduction in emissions by 2030 compared to 2005 levels.  

To get there, they will need to deliver on key policies promised during the campaign, including capping emissions from the oil and gas sector at current levels and setting five-year targets to keep the sector on track to achieve net-zero emissions by 2050.  These measures — among many others — must be reflected in Canada’s first climate plan, which the federal government  is required by law to table in the next few months.  

The new federal government must make rapid progress on these key priorities to show Canadians they are ready to take serious action to confront the existential environmental threats that put our collective health and wellbeing at risk.

What happens next 

Prime Minister Justin Trudeau will announce his new Cabinet in the next few weeks, and each Minister will receive a mandate letter that outlines their priorities for this Parliament. Ecojustice expects the issues outlined above to feature strongly in the mandate letter for the next Minister of Environment and Climate Change.  

It will be critical for the new federal government to make rapid progress on these key priorities to show Canadians they are ready to take serious action to confront the existential environmental threats that put our collective health and wellbeing at risk. 

Thanks to our supporters, Ecojustice will continue to keep the pressure on this federal government to take ambitious and effective action to secure a brighter environmental future. Stay tuned. 

Ecojustice: Our planet is in peril. Support bold legal action for a safer future.

We’re challenging what we say is a flawed Regional Assessment for proposed drilling in this area. This assessment was conducted unfairly and failed to fully account for the environmental risks of offshore exploratory drilling and the effect this activity would have on the ecology of the area and on our ability to meet vital GHG reduction targets.

The federal government plans to use the Regional Assessment to create a dangerous exemption regulation and plans to use it to waive individual assessments for a slew of exploratory drilling projects.

We take the position that the government cannot rely on this single flawed assessment to exempt all future drilling in the region from much-needed scrutiny under the Impact Assessment Act (IAA). Doing so would also set a dangerous precedent for what kind of industrial activities will or will not be properly assessed in the future.

Protecting the integrity of the IAA is an important objective of our lawsuit. Letters and phone calls from Ecojustice supporters like you played a vital role in persuading lawmakers to pass the strongest possible version of this law – and now we’re working hard on your behalf to ensure it is implemented properly.

Canadians should be able to count on the federal government to properly implement laws like the IAA and protect nature – already under threat on so many fronts.

The Atlantic waters off the east coast of Newfoundland and Labrador are one of the most important marine environments in the world and home to a large amount of ocean life from the endangered cod to humpback whales, corals and sponges.

But oil spills are already uncomfortably commonplace here. For example, in November 2018, the White Rose field offshore production facility spilled 250,000 litres into the ocean and no oil was ever recovered.

These waters have sustained local communities for years and are an important part of local and Indigenous traditions. Livelihoods and the vibrancy of local communities depend on clean, healthy ocean conditions. We must do everything we can to defend them.

Please consider supporting this case, and all of Ecojustice’s efforts to give voice to nature and defend ocean ecosystems, with a special gift today.

And thanks, as always, for standing with us. When we’re going up against governments and oil companies in court, your support truly makes a world of difference.

Devon Page,
Executive Director, Ecojustice

Ecojustice is Canada’s largest environmental law charity. Help us build the case for a better earth.

Donate to Ecojustice at: https://www.support.ecojustice.ca/page/31853/donate/1

Ecojustice has just filed a lawsuit to ban the selling and use of the dangerous pesticide chlorpyrifos in Canada.

Chlorpyrifos is a pesticide that is sprayed on staple food crops like wheat and potatoes. It has been proven to be harmful to human health and is notorious for its potential to cause brain damage in children.

In spite of these risks, Health Canada plans to allow chlorpyrifos to be used in Canada for three more years. This so-called “phase-out” period is excessive, given the known threat this pesticide poses to human health.

That’s why Ecojustice lawyers are going to court: We want chlorpyrifos off our crops and dinner plates as soon possible.

Stand with Ecojustice in defending the health and wellbeing of Canadians from dangerous pesticides like chlorpyrifos. If it is within your means, please consider making a donation in support of this lawsuit today. 

Chlorpyrifos has already been banned by the European Union, is set to be phased out this summer in the US and should also be banned in Canada immediately.

A successful outcome, in this case, would see the Federal Court agreed that Health Canada’s three-year phase-out period for chlorpyrifos is excessive and unlawful, paving the way for an immediate ban.

Donate today and help Ecojustice keep Canadians safe from dangerous pesticides like chlorpyrifos.

Ecojustice goes to court to defend nature, combat climate change and fight for your right to a healthy environment. From coast to coast to coast, we go to court and use the full force of the law to protect what we value most — the air we breathe, the water we drink and a safe climate.

Learn more about Ecojustice at: https://www.ecojustice.ca/

We won. Canada’s highest court has sided with us.

Thursday March 25, 2021, in a decisive 6-3 victory, the Supreme Court of Canada affirmed that national, coordinated action to price carbon is constitutionally-sound and essential in the fight against the climate emergency.

The court went as far as to call climate change a “threat of the highest order to the country, and indeed the world… The undisputed existence of a threat to the future of humanity cannot be ignored.”

This landmark decision comes after years of hard-fought litigation, which culminated in a Supreme Court of Canada hearing last fall. There, Ecojustice lawyers argued that the federal government has the duty and legal authority to ensure the provinces do their fair share to respond to the climate crisis through measures such as the Greenhouse Gas Pollution Pricing Act.

This precedent-setting win for the climate is yours to share.

Thanks to supporters like you, Ecojustice was ready to fight back when the Alberta, Saskatchewan and Ontario governments launched separate attempts to derail the Greenhouse Gas Pollution Pricing Act, claiming that it was an overreach of federal powers into provincial affairs. You were with us every step of the way as these cases wound their way through three lower courts — where we prevailed twice, lost once — and prepared for our appearance at the Supreme Court of Canada. Thank you.

Today’s ruling sends a clear message: It’s time for the provinces and their premiers to stop politicking about climate action, and start taking actual steps to address this emergency.

Celebrate this win with us by making a special one-time gift to Ecojustice now. Your gift will power even more precedent-setting legal work to combat the climate crisis.

Our experience working on this case has reinforced our conviction in the power of the law to make change and build a healthier, safer future for us all.

Strong laws, beyond the Greenhouse Gas Pollution Pricing Act, that introduce measures to reduce Canada’s emissions will be essential in turning the tide on the climate emergency. And soon, we’ll have an opportunity to add to our climate law arsenal.

The Canadian Net-Zero Emissions Accountability Act (Bill C-12), tabled late last year, is now making its way through the Parliamentary process. The bill charts the path for how Canada will get to net-zero emissions by 2050 and marks the first time a federal government has introduced legislation to hold itself and future governments to account for reducing emissions.

While the bill is a good starting point, it can — and should — be strengthened. In the coming weeks, the Ecojustice team will be working hard to secure such amendments and ensure the strongest possible version of this is passed into law.

Will you keep standing with us? If your circumstances allow, please consider donating to Ecojustice today. Together, we’ll keep using the power of the law to fight for a safer climate future.

Learn more about Ecojustice at: http://www.ecojustice.ca

Last week, Ecojustice let us know that we would be in court on Monday, March 15, 2021 morning to stop the destruction of the Lower Duffins Creek wetlands complex, located near Pickering, Ontario

The Ontario government had issued a regulation mandating that the local conservation authority issue a permit for development at Lower Duffins Creek. We were very worried that the developers were just days away from destroying a provincially significant coastal wetland forever.

But thanks to the quick mobilization of local groups, legal action from organizations like Ecojustice, and public outrage from people across the country, there has been a significant turn of events.

On Friday morning, Amazon — the proposed tenant for the to-be-razed wetlands — pulled out of the project. By that afternoon, the Ontario government indicated its willingness to revoke or amend the Minister’s Zoning Order or MZO (the legality of which is the subject of a larger lawsuit brought by Ecojustice) it had used to push through the destruction of the wetlands. The City of Pickering then stated that it wanted time for “reflection and consultation on the best path forward.”

In court yesterday, developers consented to a motion brought by Ecojustice to prohibit the destruction of this provincially significant wetland until the legality of the MZO is reviewed in a court of law.

Thank you. This is a stop-gap, but it’s a victory nonetheless. And your support made it all possible.

The war, however, is not over. Later this year, Ecojustice will be back in court to challenge the Ontario government’s unlawful use of an MZO for Lower Duffins Creek wetland, through a judicial review.

The MZO granted for the development of Lower Duffins Creek is just one of 44 the Ontario government has handed out to developers during the past three years. Many of the MZOs granted outright fail to comply with planning laws and threaten important areas of biodiversity, which makes them unlawful.

Ontario knows it too. It is now attempting to give itself retroactive cover for its illegal use of MZOs by hiding changes to the Planning Act that would exempt MZOs from complying with the environmental protection requirements in the Provincial Policy Statement in the Supporting Broadband and Infrastructure Expansion Act (Bill 257).

We will keep you up to date on the progress of this case as it unfolds.

But for today, let us all celebrate that Duffins Creek has been protected from an onslaught of bulldozers and excavators for now.

Thank you again for your continued support of Ecojustice — when we stick together, we will keep winning for nature.

From coast to coast to coast, Ecojustice goes to court and uses the full force of the law to protect what we value most — the air we breathe, the water we drink, a safe climate.

Article submitted and written by Devon Page, Executive Director, Ecojustice

The Supreme Court of Canada will hand down one of the most significant climate-related rulings in our nation’s history when it decides the fate of the Greenhouse Gas Pollution Pricing Act — and climate action in Canada.

The central issue at play in this case is whether the federal government has the authority to implement measures (such as a price on carbon) to fight the climate emergency if and when the provinces fail to come to the table with effective measures of their own. Climate change is a national emergency. It’s going to require all levels of government to implement a comprehensive plan, including legislated emission targets and putting a price on carbon pollution, for Canada to reach its 2030 emissions reduction goal.

This legal battle has been fiercely contested in multiple courts for nearly three years. This issue wound its way through lower courts in Saskatchewan, Ontario, and Alberta before finally being heard by Canada’s highest court last fall. And as Canada’s largest environmental law charity, the Ecojustice team has — thanks to your support — been there every step of the way. To say that we are on the edge of our seats awaiting the outcome is an understatement.

Whether you are newer to the Ecojustice community or have been following this case since day one, we have curated a few resources below to further brief you on what this case is about and why it’s so important.

The Scuba News Canada will follow up after the decision has been made.

Ecojustice Building the case for a better earth.

Donate and learn more about Ecojustice at: https://www.support.ecojustice.ca/page/31853/donate/1

Last week, the news emerged that Alberta public inquiry commissioner Steve Allan paid for reports by climate deniers and skeptics.

According to a Global News report, Allan shelled out $50,000 for a report by Energy in Depth, an arm of the Washington D.C.-based Independent Petroleum Association of America. He spent more than $6,000 for a report by University of Calgary professor Barry Cooper that compared environmental charities’ activity to “Marxism.” And he wasted $28,000 on a report claiming environmental groups use scare tactics to “further an agenda that has at its core the replacement of the post-enlightenment western industrial capitalist way of life.”

Ordinarily, this egregious misuse of resources would be surprising. When it comes to Kenney’s inquiry, however, commissioning reports by climate skeptics fits right into a track record of bias and unfairness.

The inquiry has already dragged on for a year and a half and cost Albertans millions of dollars, all to sustain what is essentially a political witch hunt. The inquiry was never about uncovering facts. It was always aimed at distracting from the climate crisis, silencing those who speak out about climate change, and weakening opposition by draining charities of time and resources.

That’s why, next month, Ecojustice will be in court to challenge this unlawful process.

As Ecojustice gears up for this critical hearing, I’d (Devon Page) like to invite you to join an exclusive, online conversation about the Alberta public inquiry and Ecojustice’s fight to quash it.

On Feb. 4, one week before Ecojustice appears in court to challenge the inquiry, I will join my colleague David Khan, Ecojustice lawyer and the former leader of the Alberta Liberal Party, for an in-depth discussion on the public inquiry, moderated by Ecojustice lawyer Melissa Gorrie.

Together, we’ll talk about the significance of the inquiry – politically, legally, and for the environment. There will also be time for questions from the audience.

Sign up here to join Ecojustice’s webinar on the Alberta public inquiry on Feb. 4, 2021 at 2 p.m. PST | 3 p.m. MST | 5 p.m. EST.

Ecojustice::We’re leading the legal fight for a safer, healthier future.

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Eighteen months (June 2022) from now, open-net fish farms – and the risk they pose to wild salmon – will be gone from the Discovery Islands.

In a surprise announcement last week, Minister of Fisheries and Oceans Bernadette Jordan said the government will phase out salmon farms in this area of British Columbia and won’t allow new farms of any size. She also re-affirmed the government’s commitment to transitioning away from all open-pen fish farms in British Columbia by 2025.

This is a massive victory for wild salmon – and it wouldn’t have been possible without the leadership of local First Nations.

The Homalco, Klahoose, K’ómoks, Kwaikah, Tla’amin, We Wai Kai and Wei Wai Kum First Nations led the push for this critical change. Without them, it is almost certain the phase out would not be happening now.

Ecojustice supporters also advocated for the health of wild salmon in the Discovery Islands. Since August, more than 17,400 of you sent letters to the Minister, asking her to fulfill the 2012 Cohen Commission recommendations for phasing out fish farms in the area.

Once open-pen farms are out of the Discovery Islands, Pacific salmon migrating through the surrounding channels will be safe from the risk of contracting illnesses or parasites from farmed fish.

This change couldn’t come soon enough. Wild salmon stocks are in steady decline, with the Fraser River salmon return expected to hit a historic low of 270,000 this year.

Ultimately, open-net fish farming needs to end – not only in British Columbia, but on the Atlantic Coast as well. Going forward, my colleagues at Ecojustice and I are committed to fighting for the health of wild salmon on both coasts.

For now, though, we would love for you to join us in celebrating this landmark win. Will, you spread the news about this victory by forwarding this email to three people on your contact list?

Thank you for joining our fight to protect wild salmon – and for standing by Ecojustice this year as we worked to defend nature, combat climate change, and fight for a healthy environment for all.

Support EcoJustice at: https://www.support.ecojustice.ca/

After a historic legal victory last month, the young people leading a landmark climate lawsuit are preparing to fend off another attempt to shut down their case.

Last week, we learned the Ontario government is trying to appeal the Ontario Superior Court’s rejection of its motion to strike the youth-led case. If the court grants the province leave to appeal, it will almost certainly delay this urgent litigation – and jeopardize these young people’s chances of ever getting their day in court.

At this pivotal moment in this case and climate action worldwide, Ecojustice invites you to a special webinar on Dec. 16 from 1 p.m. to 2 p.m. PST / 4 p.m. to 5 p.m. EST.

Hosted by youth climate activist Emma Lim, this live conversation will feature Shaelyn Wabegijig and Zoe Keary-Matzner, two of the youth applicants in Mathur et. al. v. Her Majesty in Right of Ontario. They will be joined by Danielle Gallant (Ecojustice) and Spencer Bass (Stockwoods LLP), two key players on the legal team backing this case. And of course, there will be time for your questions.

This case truly is making history and paving the way for future court efforts to protect our rights and our climate. Last month’s victory in the Ontario Superior Court was the first time a Canadian court has ever allowed climate Charter litigation like this to proceed.

This historic victory – and our ongoing fight to protect it – would not have been possible without the support of Ecojustice’s community. Thank you for standing with us and with the courageous young people leading this lawsuit.

In a year of immense ups and downs, witnessing Shaelyn, Zoe, and their fellow applicants’ tenacity and commitment to fighting the climate crisis has given me hope. That’s why I am so excited about this opportunity to hear directly from both of them, their lawyers, and from Emma – another remarkable young climate leader.

EcoJustice We’re building the case for a better earth. From coast to coast to coast, we go to court and use the full force of the law to protect what we value most — the air we breathe, the water we drink, a safe climate.

Details

Hosted by Ecojustice

December 16, 2020 from 4 pm to 5 pm (EST)

Register now at: https://register.gotowebinar.com/ or make a donation at: https://www.support.ecojustice.ca

We’re going to court to protect important wetlands in Ontario, a crucial defence in the fight against the climate emergency.

The Ontario government is using an obscure power called a Ministerial Zoning Order (MZO) to push through plans to develop on Duffins Creek Wetlands on the shores of Lake Ontario.

Until recently, MZOs were rarely used and were reserved for exceptional circumstances. The Ford government has changed that. This year alone, the Ontario government has issued more than 30 MZOs to fast-track development.

That’s why Ecojustice is going to court – to make sure that Premier Doug Ford’s government can’t just push through unlawful, destructive developments on Duffins Creek Wetlands, or on any other protected conservation areas in Ontario.

Wetlands such as Duffins Creek, are found all over the country and are of huge importance to local communities. They help to mitigate flooding, store carbon, filter water and provide habitat to wildlife.

Across Canada, air, land, water, and biodiversity is under threat. Ecojustice will not stand by and allow any governments to further imperil the environment we all depend on without answering for their actions.

But we can’t do this work without your support. Please consider making a donation today to help us go to court to protect Ontario’s vital wetlands and secure a critical defence in the fight against the climate emergency.

As Canada’s largest environmental law charity, Ecojustice leads the legal fight for a brighter future. Explore our blog to learn about how we use the power of the law to defend nature, combat climate change, and fight for a healthy environment for all.

Learn more and make a donation at: https://www.support.ecojustice.ca/page/46884/donate/1

We have more climate momentum to celebrate: Last week November 12, 2020 the federal government introduced the Canadian Net-Zero Emissions Accountability Act (Bill C-12) to put Canada on the road to net-zero by 2050.

This is a significant step forward in the fight against the climate crisis. If passed, this bill will mark the first time in Canadian history that an emissions target will be enshrined in law.

The introduction of this bill is a testament to the power of the Ecojustice community. We would not have gotten this far without supporters like you lending your voice and speaking up for a strong climate law for Canada.

Thousands of Ecojustice supporters sent letters to their local MP, key members of cabinet and the Prime Minister calling for a new law that holds political leaders accountable for achieving net-zero. Clearly, your messages have made an impact. Thank you.

Strong climate laws are essential to tackling the climate emergency. The more robust this legislation, the better our chances are of avoiding the disastrous impacts of climate breakdown.

The Ecojustice team is now studying the new legislation in detail, but our first take is as follows:

It’s clear from this bill that the federal government has heard Ecojustice and others on the need to be accountable for achieving climate targets. We’d characterize this legislation as promising — it can put Canada on the course to achieving its emissions targets and position Canada to become a global climate leader.

We also see gaps in the legislation that the government must address. For instance, we’re concerned about the absence of a 2025 target in the bill, and how the federal government will respond to the IPCC’s immediate and stark warning — that we have less than a decade to address disastrous climate change.

In the coming months, Ecojustice will be working with all parties to pass the strongest possible version of this law — one that will lay the foundation for a safer, healthier future for all Canadians.

Along the way, we’re going to be counting on your help. Stay tuned for more on the ways you can advocate for a powerful law that will help Canada battle the climate emergency.

But for now, let’s take a well-deserved moment and celebrate this win. It’s been tough to find hope this year, but this development is a good reminder that together, the Ecojustice community is a powerful force for progress.

Learn more about Ecojustice at: https://ecojustice.ca/ or make a donation at: https://www.support.ecojustice.ca/page/31853/donate/1

Ontario’s lakes and watersheds need your help.

Ontario’s more than 250,000 lakes contain about one-fifth of the world’s freshwater. They are critical habitat for countless species and a source of drinking water for many Ontarians.

Despite their importance, Ontario’s lakes face mounting environmental pressures, including from climate change and pollution.

That’s why, more than a decade ago, the Ontario government enacted the Lake Simcoe Protection Act and the Lake Simcoe Protection Plan. The two work together to protect and restore the ecological health of Lake Simcoe — the fourth largest lake in Ontario — and sets the standard for how other lakes can be protected across the province.

The Lake Simcoe Protection Plan is now up for review by Ontario’s Ministry of the Environment, Conservation and Parks. And we’re concerned.

Since stepping into office, the Ford government has gutted environmental protections at every opportunity. We’re worried the policies found in the Lake Simcoe Protection plan, among the strongest pollution protections in Canada, could be next on the chopping block.

Ecojustice is urging Minister of the Environment, Conservation and Parks Jeff Yurek to leave the policies and targets found in the Lake Simcoe Protection Plan intact.

Join us. Tell Minister Yurek that you’re in support of strong protections that will keep Ontario’s watersheds clean and safe. Send your letter today. 

Learn more at: Protect Ontario Lakes

Ecojustice is suing the Ford government for its failure to consult with Ontarians before it passed Bill 197 (COVID-19 Economic Recovery Act), an omnibus bill that severely curtails public participation in environmental decision-making and makes significant changes to a number of environmental laws. The Ontario government unlawfully steamrolled this bill through the legislature without any public consultation.

On July 8, the Ford government tabled Bill 197. Less than two weeks later, the Ford government made it law – without any public consultation.

Read about Bill 197 from The Scuba News Canada

The legislation makes major changes to the province’s Environmental Assessment Act, the Planning Act and other environmental laws. Ontario’s Environmental Bill of Rights gives the public the right to participate meaningfully in environmental decision-making about these types of changes – but the Ford government ignored that right and steamrolled Bill 197 through the Ontario legislature.

Help Ecojustice go to court to uphold Ontarians’ rights to public participation.

This is not the first time the Ford government has pushed through significant environmental changes without allowing the public to have their say.

In 2019, a majority of an Ontario court agreed with Ecojustice that the Ford government’s failure to consult with the public before scrapping cap and trade was unlawful. In that case, the Court stopped just short of handing the Ontario government a formal sanction.

Now, once again, Ecojustice is going to court to uphold Ontarians’ legal right to be consulted on major changes to environmental regulations.

Ecojustice is committed to defending Canadians’ right to speak up when projects threaten the air, land, water and biodiversity around us. When governments try to deny individuals and communities this right, our lawyers are ready to step in and go to court.

If it is within your ability, please give a gift today to help protect the right to public consultation for major environmental decisions.

Learn more at: https://ecojustice.ca/

Bill 197 is bad news for the environment.

On July 8, the Ontario government tabled Bill 197 (COVID-19 Economic Recovery Act, 2019). The bill uses the premise of economic recovery to tear up environmental protections and prevent Ontarians from having a say on major projects that impact their lives.

By the evening of July 21, the Ontario government had passed the bill into law, fast-tracking this wide-reaching piece of legislation with no opportunity for input from members of the public. 

Ontario’s auditor general has stated that the Ford government was not compliant by failing to post the changes in Bill 197 on the Environmental Registry for a full 30 days to allow for public consultation.

Bill 197 phases in major changes to how Ontario applies environmental assessments (EA). The new legislation means that many public sector infrastructure projects would no longer be subject to some form of EA , only specifically listed projects will be subject to assessment.

It is possible the community will not learn about a project until very late in the process, nor will they have opportunities to provide input to influence whether and how that project is carried out.

This is bad news for Ontario communities. It is possible the community will not learn about a project until very late in the process, nor will they have opportunities to provide input to influence whether and how that project is carried out. 

And it’s not just assessments of major projects that will be impacted. The bill proposes terminating options for public appeals on environmental issues that were not addressed in a streamlined EA. Currently, class EAs for smaller projects can be subject to “bump up” appeals – residents can ask the minister to oversee the approvals and impose stricter conditions, or even require a full EA.  Under Bill 197, these provisions would be stripped out of Ontario’s Environmental Assessment Act, and replaced with provisions that only allow for appeals on existing aboriginal and treaty rights issues.  

All told, this means many projects previously subject to public and ministerial oversight will have little to no public input.

The same day Bill 197 was tabled, the Ford government introduced a slew of other proposals to exempt aspects of many major infrastructure projects, such as forestry management, the final phases of highway planning or highway expansions, construction of collector roads, removal of bike infrastructure, road widenings, projects in parks and conservation reserves, or major expansions to sewage treatment plants from the environmental assessment process.  There are also changes to how assessments would be conducted for transit, mining, forestry, Hydro, waterpower and other projects.  It is reasonable to expect that these exemptions would be incorporated into the proposed COVID-19 Economic Recovery Act, regulations should Bill 197 pass into law. Many of these detailed reforms are posted for public comment on Ontario’s environmental registry until August 22nd.

These changes amount to something that is a far cry from the original vision of environmental assessment, which aimed to ensure we look before we leap and understand the environmental impacts of all potentially harmful decisions before they are made. Environmental assessment is supposed to be the primary means through which we achieve sustainable development and public participation in environmental decisions. 

Ontario’s Bill 197 will revert environmental protection standards back to the 1970s, when the default was zero assessment and minimal regulatory oversight unless political decision-makers found it expedient.

Bill 197 was rushed through in a matter of weeks, without any time for Ontarians to have their say. Adding insult to injury, the Ontario government exempted itself and the bill from public consultation requirements under the Ontario Environmental Bill of Rights.  

Read our letter  prepared by Ecojustice and the Canadian Environmental Law Association and sent on behalf of twelve environmental organizations objecting to this unlawful violation of Ontarians’ rights to participate in environmental assessment reform.

Learn More At: ECOJUSTICE

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We’re (EcoJustice) teaming up with heavy hitters Ecology Action Centre, Sierra Club Canada Foundation and World Wildlife Fund Canada to go to bat for ocean biodiversity off the coast of Newfoundland and Labrador — but we need your help.

The eastern coast of Newfoundland and Labrador, an iconic landscape that figures prominently in Canadian history, is also one of the most important marine environments in the world. It is home to a wide assortment of ocean life, including endangered cod and humpback whales.

But risky offshore oil and gas exploration threatens to put this vital marine ecosystem at great risk.

That’s why this week, we took legal action against the federal government for failing to properly account for the risks associated with a proposal to ramp up offshore oil drilling off the coast of Newfoundland and Labrador.

We cannot let the government use a flawed assessment process to exempt 100 or more new offshore oil wells from environmental review, and give carte blanche to any future drilling projects. Can we count on your support to help us hold the government to account for its duty to protect our oceans from harm?

Healthy oceans are critical to marine life and to coastal communities who depend on its waters for their livelihoods. By opening up new opportunities for oil drilling offshore, the government risks damaging our oceans permanently — spills in the marine environment have a tendency to spread across vast distances and are extremely hard to clean up after the fact.

Whether defending Arctic waters in Lancaster Sound or the vital marine environment of the Gulf of St. Lawrence, Ecojustice has used the power of the law at every opportunity to protect our oceans from risky offshore oil and gas developments. But we can’t do this work without the support of people like you.

Please, if you are in a position to do so, make a special one-time donation today to ensure we can continue to defend coastal waters and communities from risky oil and gas exploration.

Join the BetterThanNormal conversation. Ecojustice is hosting a three-part conversation series on how Canada can come out of the COVID-19 pandemic BetterThanNormal  Register here.

As I stood listening from the back of the media room today at Queen’s Park, I was struck by how poignantly these young people — who range in age from 12-23 —  spoke of the responsibility they feel to those even younger than them.

One by one, they expressed fear, anger, and grief that the actions of governments today will force them — as well as their younger siblings, cousins, and future children — to shoulder the oppressive weight of the climate crisis. Because of this, they say they have no choice but to take legal action against their own government to defend their right to a safe and just future.

Thanks to your support, Ecojustice is backing these remarkable young people with our legal expertise, organizational resources, and courtroom experience as they fight for their futures — and the future of generations yet to come.  It’s our biggest climate lawsuit yet.

The case argues that Ontario’s 2030 climate target – made weaker by the Ford government’s Cap and Trade Cancellation Act, 2018 – is inadequate, unconstitutional, and must be struck down.

Under Ontario’s 2030 target the Government of Ontario will allow significantly more greenhouse gas emissions to be emitted. This, our clients say, is scientifically and morally indefensible. It will worsen the climate emergency and contribute to dangerous climate change-related impacts such as heatwaves, floods, fires, and poor air quality that will harm the health of people throughout Ontario.

“If I’m this scared now, what will it be like for people just like me in 10 years, or 10 years after that?” asked Alex Neufeldt, 23.

Alex and her fellow applicants shouldn’t have to fight this fight. But they, along with young people around the world, have stepped up to lead the charge for a safe climate future.

Follow along as Alex, Beze, Madison, Shaelyn, Shelby, Sophia, and Zoe challenge Doug Ford’s climate inaction.

Learn more at: https://www.ecojustice.ca/gen-climate-action-our-biggest-climate-lawsuit-yet/

Canada’s most important environmental law is out of date. The Canadian Environmental Protection Act (CEPA) is the cornerstone of environmental law in this country, but it hasn’t been updated in almost 20 years.

In the time since the law was last updated, Canadians have become increasingly exposed to toxics in their everyday lives. We need a modern law that adequately protects them.

It’s time for a makeover.

During its previous mandate, the federal government conducted an extensive review of CEPA and promised to update the law “as soon as possible in a future parliament.”

That’s … now. Will you help us call on the federal government to deliver on its promise to reform CEPA?

Ecojustice is calling on Minster of Environment and Climate Change Jonathan Wilkinson to commit to bringing CEPA reform legislation before Parliament by the first anniversary of the 2019 federal election. That means that MPs need to have a copy of a bill by this October.

We need your help to make this happen.

Send a letter to the Minister today, letting him know that CEPA has long-passed its sell-by-date and needs an upgrade now.

Send your message today at: https://www.support.ecojustice.ca/page/56557/action/1

Article republished from EcoJustice newsletter.

We’re excited to share that Corridor Resources’ license for oil and gas exploration for the Old Harry prospect in the Gulf of St. Lawrence has expired. This important victory removes one threat to the Gulf of St. Lawrence’s sensitive environment, and the species and communities that depend upon it.

While we continue to celebrate what this update means for the Gulf, we can’t let it overshadow that we are still waiting for a decision from the court on our case.

As you might recall, last February, we argued that the Canada-Newfoundland and Labrador Offshore Petroleum Board broke the law when it renewed Corridor Resources’ exploration licence well past the maximum nine-year lifespan permitted under federal and provincial laws.

Term limits are there for a reason. They protect the environment from rights-holders who lack the capacity or technology to drill safely. That’s why a decision from the court on the legality of the Board’s extension remains just as important as ever.

In the last year alone, the federal government has proposed similar dodgy licence extensions for companies looking to drill in the Beaufort Sea. And the government of Newfoundland and Labrador wants companies to drill 100 more exploration wells in the next 10 years.

We need to know whether the regulators will be able to indefinitely extend exploration licences — and the threat they pose to our sensitive ocean ecosystems.

As we wait for the court to hand down its decision, you can rest assured that Ecojustice remains committed to using the power of the law to protect nature, the climate and communities from coast to coast to coast. This includes preparing to go before the Supreme Court of Canada later this spring to ensure that governments, including reticent governments in Ontario and Alberta, take steps to address the climate emergency.

Please give a gift today to ensure we have the resources we need to stand ready to head into the courtroom.

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Learn more at: https://www.ecojustice.ca/bye-bye-offshore-drilling-licence-in-the-gulf-of-st-lawrence-expires/

UPDATE 09/12/2018: Hours after we filed the lawsuit, the Ministry of Environment, Conservation and Parks posted a notice on the Environmental Registry of Ontario providing for a 30-day public consultation period for Bill 4, Cap and Trade Cancellation Act, 2018.

UPDATE 09/12/2018: Hours after we filed the lawsuit, the Ministry of Environment, Conservation and Parks posted a notice on the Environmental Registry of Ontario providing for a 30-day public consultation period for Bill 4, Cap and Trade Cancellation Act, 2018.

We’re suing the Ford government for breaking the law when it cancelled Ontario’s cap and trade program.

The Ford government’s first order of business when it stepped into office was to illegally tear down Ontario’s legislative regime for combating climate change, without offering an alternative solution of its own.

But in its haste to dismantle the province’s climate legislation and gut a program designed to reduce greenhouse gas pollution, the Ford government has so far failed to fulfill its responsibilities under the Environmental Bill of Rights (EBR). The EBR is signature environmental legislation unique to the province of Ontario. It requires government to consult the public on changes to environmental regulations and laws so that residents, community groups, businesses and other stakeholders have an opportunity to weigh in on decisions that affect them.

The Ecojustice team, including the Ecojustice Environmental Law Clinic at the University of Ottawa, has partnered with Greenpeace Canada to bring the Premier to heel. We’re suing to remind the Premier that winning an election does not give his government carte blanche to ignore the legal rights of Ontarians to be consulted on changes to laws that protect them from climate change.

Ecojustice has a long history of standing up for your right to know about, participate in, and challenge environmental decision-making in Ontario. We are also no stranger to fighting back against decisions that are bad news for the climate — see our role in using the law to defend the environment and local communities in the face of the Trans Mountain pipeline project and the Energy East pipeline.

And now, we will not let the Ford government’s attempts to shirk responsibility for climate action and ignore the rights of Ontarians go unchallenged.

Help make sure we are able to stand up and protect our communities and the environment from the devastating impacts of climate change.

Learn more at: https://www.ecojustice.ca/taking-premier-ford-to-court/

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It is estimated that two-thirds of all Indigenous communities in Canada have been under at least one drinking water advisory at some time in the last decade.

Access to clean water is one of our most basic human needs. We rely on it for drinking and other essentials like washing ourselves, our clothes, and our dishes, and preparing food for our families. Without water, we die.

Recognizing its importance, countries around the world celebrate World Water Day each year on March 22 to raise awareness about the importance of freshwater and advocate for sustainable management of the Earth’s freshwater resources.

Most Canadians already enjoy access to safe, clean water, but some communities still face daily challenges accessing water of an acceptable quality for drinking and hygiene.

Canada is bound by three oceans and is home to nearly 20 per cent of the world’s fresh surface water, yet we still do not have enforceable national drinking water standards.

This means that from coast to coast to coast, our drinking water is not equally protected, leaving communities under federal jurisdiction in particular with almost no legal protections — a fact that Indigenous communities know only too well.

A (failed) history of drinking water in Indigenous communities

Imagine that you’re unable to turn on the taps in your home for water to drink, brush your teeth, or cook with. You worry that the water your family uses to bathe in will make them sick or give them rashes.

This is reality for many Indigenous communities in Canada. It is estimated that 40 communities in northern Ontario alone have been dealing with drinking water advisories for a decade or longer. The Neskantaga First Nation and Shoal Lake 40 are just a few of these communities — Neskantaga First Nation has been without safe water since 1995, while the Shoal Lake 40 community has not had access since 1997.

Shoal Lake

The numbers at the national level are even more staggering.

According to recent estimates, there are approximately 121 Indigenous communities under 172 drinking water advisories across Canada as of July 2017. As of March, 2018, 81 of those advisories were deemed to be long-term — meaning warnings that have been in place for more than a year. What’s even more alarming than the figure alone is that the number of total drinking water advisories actually increased between July 2015 and July 2017.

VIEW MAP OF IMPACTED COMMUNITIES

Being unable to use the water in your home isn’t simply an inconvenience, it is something that poses a serious threat to one’s health and quality of life. Studies have shown that communities that lack access to safe, clean drinking water face significant health risks, including elevated rates of waterborne illnesses, pneumonia, influenza, whooping cough, and other infections. The long history of the drinking water crisis in Indigenous communities is an egregious injustice, and the fact that it has gone unaddressed for so long is unacceptable.

It serves to perpetuate and contribute to existing disadvantages faced by Indigenous peoples in this country due to the ongoing effects of colonialism and systemic racism.

Promising steps taken this year

As part of the Liberals’ 2015 election platform, the party committed to ending all long-term drinking water advisories in Indigenous communities within five years. Nearly three years into that promise, there is some good news to report.

In addition to continuing work to end a number of long-term drinking water advisories, the government has also made much-needed progress toward increased transparency about these efforts. Other positive developments include funding flexibility to reflect the needs of individual communities.

Take the example of Slate Falls. This community had lived with a boil water advisory for nearly 15 years and fought for almost a decade to get a new water plant. Earlier this month, they celebrated the opening of a new water facility.

And that’s not all. Late last year, thanks to a three-way funding deal between the federal government, the Manitoba government and the City of Winnipeg, Shoal Lake 40 First Nation saw the completion of the on-reserve portion of a road that will eventually connect the community with the Trans-Canada Highway. This improved accessibility will ultimately make possible improvements to the community’s drinking water treatment system.

While it has taken a number of steps in the right direction, it is unlikely the government will live up to its promise to end all long-term drinking water advisories by March 2021.

The fact remains that financial investments alone will not solve the drinking water crisis. Along with infrastructure investments, the government must commit to providing the necessary resources to help communities to manage these facilities.

Our laws, which have for decades allowed Canada’s Indigenous drinking water crisis to continue, are also in need of reform.

Environmental rights are human rights

Our basic right to life is dependent on access to water that is safe to drink and air that is safe to breathe. For this reason, the right to a healthy environment has gained recognition around the world faster than any other human right during the last 50 years.

While the Canadian government has recognized the right to safe drinking water and basic sanitation on the international stage, our national laws, including the Canadian Charter of Rights and Freedoms, still do not recognize this right or our basic human right to a healthy environment.

The drinking water crisis too many Indigenous communities in Canada face is emblematic of a trend in this country (and beyond) whereby socially marginalized communities bear more than their fair share of environmental hazards, such as industrial air pollution, while disproportionately lacking access to environmental benefits, such as safe drinking water, that the more privileged among us take for granted.

The quality of a person’s environment should not be determined by their skin colour, ancestry, or how much money they make. If we have any hope of creating enduring protections that would apply equally to everyone, our laws must recognize that environmental rights are human rights.

Until that happens, the Ecojustice team remains committed to fighting environmental injustices so that all communities can assert their right to breathe clean air and turn on the tap and drink the water that comes out of it.

Learn more at: https://www.ecojustice.ca

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For close to a decade, the Ecojustice team has worked with Aamjiwnaang community members to convince the Ontario government to introduce a cumulative effects policy to address the air pollution crisis in Chemical Valley. After countless meetings, dozens of letters, and two lawsuits, the Ministry of Environment and Climate Change finally released a draft policy in November 2017.

For close to a decade, the Ecojustice team has worked with Aamjiwnaang community members to convince the Ontario government to introduce a cumulative effects policy to address the air pollution crisis in Chemical Valley. After countless meetings, dozens of letters, and two lawsuits, the Ministry of Environment and Climate Change finally released a draft policy in November 2017.

Related Article: https://ca.thescubanews.com/2017/07/07/defending-the-rights-of-chemical-valley-residents-charter-challenge/

Unfortunately, it is a huge disappointment. In its current form, it will not result in any on-the-ground change in Aamjiwnaang. This is partly because the current draft only applies to a few contaminants, and ignores important pollutants like sulphur dioxide.

Ontario needs to get this one right. For too long, it has turned its back on the people of Aamjiwnaang and ignored obvious threats to the health of Ontarians living near multiple major industrial polluters.

An effective cumulative effects framework will ensure all Ontarians receive equitable protection from industrial air pollution under the law, improve transparency, and promote respect for the human right to a healthy environment. To achieve these goals, the government must update its air quality standards so they are science-based. It must also strengthen its draft policy to:

• establish clear and binding timelines for the addition of other pollutants;
• ensure the policy is expanded to include all Ontario communities, with priority being placed upon other communities with significant levels of industrial air pollution; and
• mandate a proactive approach to ensure air quality improves, rather than worsens

We’ll be submitting our feedback to government officials. But they need to hear from you too.

You have until Feb. 7 to demand Ontario respect all Ontarian’ s right to clean air and improve its draft cumulative effects policy. Please send your message to government today.

Learn more at: https://www.ecojustice.ca/take-action-stand-right-breathe-clean-air/

Ecojustice lawyers represented Ada Lockridge and Ron Plain, two members of Aamjiwnaang First Nation, in their fight to ensure that the health of people living in one of Canada’s most polluted communities – Sarnia’s Chemical Valley – is protected.Ecojustice lawyers represented Ada Lockridge and Ron Plain, two members of Aamjiwnaang First Nation, in their fight to ensure that the health of people living in one of Canada’s most polluted communities – Sarnia’s Chemical Valley – is protected.

Ecojustice lawyers represented Ada Lockridge and Ron Plain, two members of Aamjiwnaang First Nation, in their fight to ensure that the health of people living in one of Canada’s most polluted communities – Sarnia’s Chemical Valley – is protected.Ecojustice lawyers represented Ada Lockridge and Ron Plain, two members of Aamjiwnaang First Nation, in their fight to ensure that the health of people living in one of Canada’s most polluted communities – Sarnia’s Chemical Valley – is protected.

The approximately 800 residents of Aamjiwnaag live next to industrial facilities that account for approximately 40 per cent of Canada’s petrochemical industry. In 2011, the World Health Organization said that the people of Sarnia breathe some of the most polluted air in all of Canada.

Our clients asked the court to declare that an order issued by Ontario’s Ministry of the Environment that allows Suncor Energy Products to increase production at part of its Sarnia refinery violated their Charter rights. Our clients believe that the government’s failure to take into account the cumulative effects of pollution from all the industrial activity around their community violates Ada and Ron’s basic human rights under sections 7 and 15 of the Canadian Charter of Rights and Freedoms – their rights to life, liberty and security of the person, and the right to equality.

In the years since the case was filed in 2011, the Ontario government has started to fix some of the problems that led Ada and Ron to take legal action.  That’s why, on our advice as their legal counsel, Ada and Ron have withdrawn the lawsuit.  To achieve our shared goal of reducing harmful pollution in Ontario communities, we’re now focusing our energy on ensuring the government makes good on its new initiatives — starting with its efforts in Chemical Valley.In the years since the case was filed in 2011, the Ontario government has started to fix some of the problems that led Ada and Ron to take legal action. That’s why, on our advice as their legal counsel, Ada and Ron have withdrawn the lawsuit. To achieve our shared goal of reducing harmful pollution in Ontario communities, we’re now focusing our energy on ensuring the government makes good on its new initiatives — starting with its efforts in Chemical Valley.

Why did Ecojustice get involved? We believe all Canadians have a right to breathe clean air and that governments have a responsibility to protect people and communities from unsafe levels of industrial pollution. The unjust distribution of the country’s pollution burden and, the impact for Aboriginal communities like Aamjiwnaang, has both health and human rights implications.

We are concerned by the Ontario government’s practice of assessing each source of air pollution individually to determine whether emissions fall within safe limits. Instead, Ron and Ada believe Ontario should assess cumulative impacts in pollution “hot spots” like Chemical Valley by evaluating overall air quality to determine whether a new source of pollution would raise emissions from all sources to an unsafe level.

What does this outcome mean?

Immediate, on-the-ground change is desperately needed in Chemical Valley and other pollution hot spots in Ontario.  That’s why we are putting down one tool and picking up another — changing course, at least for now, from litigating to working with Ada, Ron, and the Aamjiwnaang community to ensure that Ontario’s new initiatives lead to durable community solutions. What does this outcome mean? Immediate, on-the-ground change is desperately needed in Chemical Valley and other pollution hot spots in Ontario. That’s why we are putting down one tool and picking up another — changing course, at least for now, from litigating to working with Ada, Ron, and the Aamjiwnaang community to ensure that Ontario’s new initiatives lead to durable community solutions.

Working with Ada and Ron has deepened our commitment to advancing the recognition and protection of the basic human right to a healthy environment — including clean air, safe drinking water, and a stable climate.  When we first launched this case, few people in Canada had an understanding of what “environmental rights” were.  Five years later, a groundswell of public support has led more than 130 municipalities, representing a third of Canada’s population, to pass declarations in support environmental rights. Working with Ada and Ron has deepened our commitment to advancing the recognition and protection of the basic human right to a healthy environment — including clean air, safe drinking water, and a stable climate. When we first launched this case, few people in Canada had an understanding of what “environmental rights” were. Five years later, a groundswell of public support has led more than 130 municipalities, representing a third of Canada’s population, to pass declarations in support environmental rights.

This is remarkable progress. Recognizing the right to a healthy environment is the natural next step in the progression of human rights law in Canada, and we look forward to seeing Canada’s governments take action on this front in the coming months and years.

Learn more at: https://www.ecojustice.ca

This week, on behalf of community groups and local residents, Ecojustice lawyers were in court to make the case for why the Vancouver Fraser Port Authority’s approval of the Fraser Surrey Docks coal export facility should be struck down.

This week, on behalf of community groups and local residents, Ecojustice lawyers were in court to make the case for why the Vancouver Fraser Port Authority’s approval of the Fraser Surrey Docks coal export facility should be struck down.

I’ve been on this case since it was first launched, and I can say with great pride that we have put our all into this file. We’ve dedicated thousands of hours and significant resources into making sure we were able to make a strong case to the Court on behalf of our clients. And I think we did just that.

As I watched the case unfold in the courtroom, I was inspired by the passionate and persuasive argument made by fellow Ecojustice lawyer Harry Wruck, Q.C., and heartened by the overwhelming support of those who came to the hearing to stand in solidarity with our clients.

Going to court, and — in this case — fighting off the barrage of delay tactics from opposing counsel, requires a ton of time, commitment and resources. But you kept us going. Your support allowed us to prevail over unforeseen roadblocks in this case and has ensured our ability to challenge other fossil fuel infrastructure projects — like Kinder Morgan’s Trans Mountain pipeline expansion and TransCanada’s Energy East pipeline — that threaten our communities, environment and the climate.

Thank you for continuing to stick with us. I’m proud of the work we’ve done. I hope you are too.

Learn more at: https://www.ecojustice.ca/thats-wrap-coal-hearing-comes-close/

Author: Karen Campbell, Lawyer – Program Director – Climate Change

Thanks to you, in the past year we have celebrated numerous victories for people and the planet. We won the lengthy fight against Enbridge Northern Gateway pipeline, pressured the government to ban microbeads, and protected Canada’s national parks from commercial encroachment. As 2016 has come to a close, and 2017 is now here, our team is reflecting on the this year.

Looking back at 2016

Thanks to you, in the past year we have celebrated numerous victories for people and the planet. We won the lengthy fight against Enbridge Northern Gateway pipeline, pressured the government to ban microbeads, and protected Canada’s national parks from commercial encroachment. As 2016 has come to a close, and 2017 is now here, our team is reflecting on the this year.
Thanks to your support, we reached our goal of raising $150,000! Your support will help us make our holiday wishes for the environment come true.

Looking forward to 2017

We’ll be counting on your support to win even more legal victories in 2017. Together, we will protect wild salmon populations, oppose risky fossil fuel infrastructure that takes us in the wrong direction on climate change, and advance the legal recognition of environmental rights in Canada.

You make it possible for us to use our legal and scientific experience to take governments and industry to court — and win. But we can’t do it alone. We need your help.
Sincere thanks and Happy New Year from all of us at ecojustice!

Ecojustice is Canada’s only national environmental law charity. Help us build the case for a better earth.

Learn more about Ecojustice at: http://www.ecojustice.ca

The Canadian government has announced a ban on microbeads, and this progressive move will keep this harmful plastic pollutant out of Canada’s waterways. When products containing microbeads, such as cleansers, lotions and toothpastes, are used and rinsed down the drain, these bits of plastic — typically 1.0 millimetre or smaller in diameter — are too small to be caught by wastewater treatment facilities. Instead, they are flushed directly into lakes, rivers and streams, where they wreak havoc on wildlife. Scientists have found millions of microbeads in the Great Lakes, with the highest concentrations occurring near urban areas.

The Canadian government has announced a ban on microbeads, and this progressive move will keep this harmful plastic pollutant out of Canada’s waterways. When products containing microbeads, such as cleansers, lotions and toothpastes, are used and rinsed down the drain, these bits of plastic — typically 1.0 millimetre or smaller in diameter — are too small to be caught by wastewater treatment facilities. Instead, they are flushed directly into lakes, rivers and streams, where they wreak havoc on wildlife. Scientists have found millions of microbeads in the Great Lakes, with the highest concentrations occurring near urban areas.

Although once considered innovative, microbeads are entirely replaceable. Many natural exfoliates such as oatmeal and apricot kernels are readily available alternatives.

Microbeads make their way into many organisms, including plankton, invertebrates, small fish, birds and mammals. Along the way they act as sponges for dangerous chemicals and contaminants such as PCBs and flame retardants that are already present in the aquatic environment. When fish, birds and other wildlife ingest these plastics, the harmful pollutants accumulate in species low in the food chain and are passed onto larger predators, eventually contaminating the fish and other wildlife species consumed by humans.

Earlier this year, the federal government classified microbeads as a toxic substance under the Canadian Environmental Protection Act. Last Friday (Nov. 4), they introduced regulations banning their use in personal care products. According to the notice published in the Canada Gazette, the ban on the sale of toiletries containing microbeads used to exfoliate or cleanse will come into effect by July 1, 2018. The ban on natural health products and non-prescription drugs containing microbeads will be in place by July 2019.

This is an important final step in the federal government’s obligation to address this environmental concern, and it puts Canada on a schedule that follows on the heels of the American ban of microbeads.

We commend the federal government on its swift implementation to ban microbeads. We are pleased that it stepped up and responded to public concerns – including ours – over the continued discharge of microbeads into Canada’s rivers, lakes and streams. Although there is much work still to be done, this is a great move forward in setting Canada on the right path to cleaner and healthier waterways.

Learn more at: http://www.ecojustice.ca/ecojustice-applauds-federal-ban-microbeads/

Taking the Minister of Fisheries and Oceans to court to protect wild salmon is nothing new for us.

As you might remember, last year we successfully argued that the Minister had unlawfully delegated his regulatory responsibilities to fish farm companies and won a precedent-setting legal victory.

As you might remember, last year we successfully argued that the Minister had unlawfully delegated his regulatory responsibilities to fish farm companies and won a precedent-setting legal victory.

In other words, the Minister was letting the fox guard the henhouse.

Unfortunately, that wasn’t the end of the story. Despite several warnings, the Minister is failing to comply with federal fisheries laws and take basic precautionary steps to protect wild salmon.

We know that heart and skeletal muscle inflammation (HSMI), a disease which has devastated fish farms in Norway, had been found on B.C. salmon farms. Yet the Minister outright refuses to test farmed fish for Piscine reovirus – the virus that most Norwegian scientists believe to be the cause of HSMI – before allowing  them to be transferred into the ocean where they come into contact with wild fish.

We think the Minister’s chosen course of action is illegal.

That’s why we’re working with biologist Alexandra Morton to take the Minister back to court.  Wild salmon are vital to ecosystems and coastal First Nations communities. And with wild salmon runs expected to be the lowest they have been in more than 100 years, this case is now more important than ever.

The Minister won’t stand up for wild salmon. So now it’s up to us.

Wild salmon on British Columbia’s coast are depending on all of us to keep them safe.  

Please donate today and ensure we have the resources we need to see this case through.

Learn more at: http://www.ecojustice.ca/going-court-protect-wild-salmon

We made it! Thanks to all of your help, we surpassed our goal of raising $25,000 in online gifts this month! These gifts were matched dollar-for-dollar by a generous supporter, meaning we’ve raised more than $50,000 to support our fight for a brighter environmental future.

Thank you.

In the coming months, your contributions will help provide the resources we need to tackle tough cases and continue building the case for a better earth.

We have a busy summer ahead of us, with many cases on the go. Here’s where we’re putting your donations to work:

• Fighting to stop the Kinder Morgan pipeline and protect endangered killer whales from its harmful impacts;
• Helping the residents of Harrietsfield in their quest for clean, safe drinking water in their community; and
• Putting pressure on the federal government to stand by its commitment to deliver bold climate leadership.

Thank you for making many more wins possible. Our victories are your victories.

CLICK HERE TO DONATE

Learn more at Ecojustice – https://www.ecojustice.ca/approach/

Devon Page, executive director said:

“We are pleased to see the federal government take promising steps toward improving Canada’s environmental laws, including plans to appoint independent panels to conduct public reviews of the Canadian Environmental Assessment Act and National Energy Board Act.

While we await further detail on what the upcoming process will entail and the composition of the expert panels, we urge the federal government to consider that the credibility and, ultimately, the success of these reviews will turn on who is selected to sit on the panels.  Appointing the right people is absolutely key.

Other critical components to the success of these reviews include: Public access to the panel process, funding to enable meaningful public participation, and transparency in panel information gathering and reporting.

We’re also pleased to see that there will be parallel reviews of the Fisheries Act and Navigable Protection Act, two pieces of legislation that are crucial to protecting the ecological health of Canada’s oceans and waterways.

A mere repeal of 2012’s repeals, however, will not deliver the modernized environmental laws Canada needs to protect nature, our health, and our communities from threats posed by climate change, biodiversity loss and sub-standard pollution regulation.

Canada has some of the worst environmental laws in the world. The review process announced today signifies progress, but in order to be a true success, it must also result in a departure from business as usual.”

Background

In 2012, the Canadian Environmental Assessment Act was gutted, in effect exempting from review thousands of projects that would have been subject to an assessment due to their significant environmental impact. The National Energy Board Act was also amended to narrow the scope of project reviews, restrict public participation, and strip the regulator of its decision-making power.

Further changes to the Fisheries Act and Navigable Waters Protection Act weakened protections for fish habitat and left 99 per cent of Canada’s lakes and rivers unprotected.

Learn more at http://www.ecojustice.ca/

Today, three of Ontario’s four Great Lakes are in a state of decline. Climate change is leading to an increase in the frequency and intensity of extreme weather events, which wash more pollutants into our waterways and lakes. Pollution, climate change, and agricultural, industrial and residential development have destroyed almost ¾ of southern Ontario’s historic wetlands. These wetlands provide habitat for species, filter our drinking water, and protect communities from floods. Pollutants from consumer products, including microplastics or microbeads, are being dumped into the water. Once in the water, microbeads are ingested by wildlife, move up the food chain, and act as sponges for contaminants such as DDT, PCBs and flame retardants.

The cumulative effects of these sources of pollution include increased the frequency and intensity of blue-green algal blooms, fish kills, and beach closures. People are increasingly unable to swim in, fish or drink from the waters that are fundamental to the life of so many Ontario communities.

Protection for the Great Lakes Basin was spread across several provincial ministries under various laws and Ontario’s existing policies and programs were falling short. That is why Ecojustice urged the Government of Ontario to introduce the Great Lakes Protection Act (GLPA).

The Act passed in October 2015. It will require the Ontario government to set science-based targets and develop action plans to address the most severe threats to the Great Lakes, such as habitat loss, the influx of invasive species, and mounting toxic pollutants.

Why was Ecojustice involved?

The waters of the Great Lakes are a valuable public resource and every decision that will affect the Great Lakes Basin must prioritize safeguarding it. Since 2012, Ecojustice has supported legislation that would better protect the Great Lakes Basin.

What does this win mean?

The Great Lake Protection Act provides new tools to address environmental stresses that threaten to the Great Lakes Basin. It gives citizens and groups the ability to track and measure efforts to improve the Great Lakes’ health and empowers Ontarians to hold the responsible authorities accountable. The Act will also empower local groups to develop solutions to protect their community’s water. An action plan will be mandatory for all targets, and the action plans themselves will contain activities that must be undertaken, specifying mandatory actions to protect regions of the Great Lakes.

The Act also establishes the Great Lakes Guardians Council, a collaborative forum for provincial ministers to discuss priorities, financial measures, and share information. The Environment Minister will convene one or more meetings of the Council each year for the purpose of focusing on one of the Great Lakes watersheds, or on a particular geographic area of the Great Lakes Basin.

Learn more at: http://www.ecojustice.ca/approach/