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Years of Victories

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Years of Victories C C B SPECIAL Y2 .0 / M DF 25REPORT YEARS OF VICTORIES Building the case for a better earth. OUR THANKS to yoU For 25 years, our lawyers have gone to court Twenty-five years ago, 2015 was the future. to protect wilderness and wildlife, challenge Despite all that we have achieved, Ecojustice is needed industrial projects that pose unacceptable risks as much today, if not more, than we were 25 years ago. to the environment and human health and keep Today, when we take on daunting new challenges — like harmful chemicals out of the air, water and soil quashing a plan to transport U.S. thermal coal through we all depend on. B.C. neighbourhoods, stopping protections for species As a 100% donor-funded charity, your support has on the brink of extinction in Ontario from being rolled kept us fiercely independent. And you’ve provided back, or fighting for recognition of our collective right so much more than financial support. You’ve been to a healthy environment — we are setting the stage beside us, cheering on our lawyers, celebrating the for the Canada we want in 2040. hard-won victories and ensuring that even the With your support, we are leading the legal fight for inevitable defeats resulted in pressure for policy a brighter environmental future. Because that future change. Together, we have secured more legal will be here sooner than we think. wins that we can fit in the pages that follow, so we’ve narrowed it down to our top 25. Sincerely, Looking back on where we’ve come from, it’s clear we are now working in a different world, filled with new challenges and opportunities. When we got our start, not a single Canadian city had passed a bylaw restricting pesticide use. There was no & Facebook or Twitter to connect us with like-minded Canadians and there was no federal law to protect Devon Page Cathy Wilkinson species at risk and the critical habitat they rely on. Executive Director President and Chair PAGE 2 | ecoJUstice OUR STAFF Alberta Betty Gabel Ian Miron Mark Dunphy Melissa Gorrie Kaitlyn Mitchell Marion Greene Barry Robinson Jessica Molnar Allison Jones Fraser Thomson Jennifer O’Connor John Keller Dyna Tuytel Liat Podolsky Leon Liberman Lara Tessaro Janice Loomer Margolis Ottawa John Swaigen Carol McDonald Will Amos Sean Nixon Dr. Carolyn Callaghan Vancouver Derrick O’Keefe Tanya Nayler Huda Al-Saedy Devon Page Celine Perret Cailey Armstrong Jineane Payne Pierre Sadik Jocelyn Anderson Elyse Pearson Darcie Bennett Tina Reale Toronto Morgan Blakley Kimberly Shearon Laura Bowman Shauna Blair Maggie Valenzuela Sandra Gamboias Megan Bradfield Margot Venton Charles Hatt Karen Campbell Vicki Vishniakoff Charlotte Ireland Mythu Chung Harry Wruck, Q.C. Dr. Elaine MacDonald Randy Christensen IMAGINE CANADA The Standards Program In 2014, Ecojustice was accredited by Imagine Canada, making Trustmark signals that an organization has demonstrated it part of a community of more than 120 charities and nonprofits compliance with each of the committed to operational excellence. Imagine Canada Standards. PAGE 3 | ecoJUstice 1992 1993 FORCING A. TONELLI / NICHOLAS CCBY2.0 PHOTO: PHOTO / OLDMAN RIVER: CCBY2.0 / KMSIEVER / OLDMAN RIVER: CCBY2.0 PHOTO ENVIRONMENTAL ASSESSMENTS HALTING HELPING GALIANO ISLAND FOR MAJOR PROJECTS LOGGING RESIDENTS SPEAK OUT IN WOOD BUFFALO AGAINST LOGGING When the federal government NATIONAL PARK refused to do a comprehensive environmental review of a When MacMillan Bloedel hit the proposed mega-dam on When Canadian Forestry Galiano Conservancy Association Alberta’s Oldman River, we Products was granted a logging with a lawsuit alleging the small successfully intervened before lease that would have allowed group of landowners “conspired” the Supreme Court of Canada. the company to log 49,000 and “manipulated the planning The case established a sweeping hectares inside Wood Buffalo process” after they objected to precedent requiring a federal National Park in northeastern plans to develop Galiano Island, we environmental assessment Alberta, we launched a lawsuit helped them take on the company for most major industrial on behalf of Canadian Parks and win. The court agreed that projects across the country. and Wilderness Society. Before the case was aimed at quieting the case went to trial the federal legitimate public commentary government withdrew the lease and ruled in favour of our clients. and changed its policy to prevent future logging in national parks. 1994 1997 DEFENDING THE CONSTITUTIONALITY HELPING THE JAMES BAY CREE OF THE CANADIAN PROTECT ENVIRONMENTAL PROTECTION ACT GREAT WHALE RIVER After spilling PCBs into a tributary of the St. Lawrence River, Hydro-Québec was charged under the Canadian When the Grand Council of the Crees and the Cree Environmental Protection Act (CEPA). The utility Regional Authority took Hydro-Québec to court over argued that CEPA was unconstitutional because a proposed hydroelectricity project that would have regulation of toxic substances is a provincial matter. transformed landscapes and ecosystems along the We intervened in the case and the Supreme Court Great Whale River, we intervened in the case. The of Canada affirmed the constitutionality of CEPA Supreme Court of Canada ruled that the government and validated our position that federal criminal law could not take a narrow approach to environmental powers could be used to protect the environment. reviews and the project was subsequently shelved. Kathleen Kingsley & daughter Jennifer child, she visited her family’s cottage on a small island in Kathleen Ontario where she enjoyed running wild and exploring Kingsley the islands by canoe with her parents. Kathleen’s first gift to Ecojustice was inspired by her mother Monthly and Legacy Margaret and father Roy, who were two of Ecojustice’s donor since 1998 original supporters and passionate defenders of nature. Kathleen Kingsley’s passion for “My parents believed in the work of Ecojustice, and thought nature is deeply connected to that Ecojustice made a real difference in the world and family history and values. As a now I’m glad to know and support Ecojustice too.” PAGE 5 | ecoJUstice 1998 HELPING DEFEAT ATTACK STOPPING DEFENDING ON GOVERNMENT FRIENDS OF THE LOGGING REGULATION LUBICON’S RIGHT TO OF OLD GROWTH FREE SPEECH FORESTS IN ONTARIO When the Northwest Territories Court of Appeal ruled that After Alberta granted logging “freedom of association” could be In 1995, Ontario’s Crown rights to multinational corporation interpreted to mean “freedom to Forest Sustainability Act (CFSA) Daishowa on lands traditionally used engage in commercial activities” modernized forestry law. When and occupied by the Lubicon Cree we were concerned it would changes to actual forestry Nation, a group called Friends of the restrict government’s ability to practices failed to follow, we Lubicon began a consumer boycott. regulate commercial activities — launched a lawsuit challenging Daishowa sued and we defended with far-reaching environmental the Minister of Natural Resources’ Friends of the Lubicon. The Court implications. We intervened approval of logging in threatened concluded that the boycott was on behalf of the Council of Ontario forests. The Court found legal, fortifying citizens’ right to free Canadians at the Supreme Court that the Minister had unlawfully speech. After the ruling came down, of Canada, where the lower approved forest management plans Daishowa announced it would not court decision was overturned. that violated both the CFSA and log in the disputed area until after the Environmental Assessment Act. Lubicon land rights were settled. PAGE 6 | ecoJUstice 2000 2001 PHOTO: CCBY2.0 / WENDEL FISHER STANDING UP FOR MUNICIPALITIES’ FORCING RIGHT TO RESTRICT HAMILTON TO CLEAN-UP PESTICIDE USE POLLUTION When the Town of Hudson, Quebec, passed a bylaw When a Hamilton public works yard was caught restricting non-essential use of pesticides, two lawn contaminating Red Hill Creek, both the City of care companies sued, arguing that municipalities don’t Hamilton and the province failed to take action. have the power to control pesticide use. The case made So, on behalf of Hamilton resident Lynda Lukasik, it to the Supreme Court of Canada, where Ecojustice we brought a private prosecution under the federal intervened. The bylaw was upheld and, as a result of our Fisheries Act. The Ontario Ministry of the Environment brief, the case marked the first time the court relied on then brought a separate charge under the provincial the precautionary principle and justified decisions made Water Resources Act. The City of Hamilton pleaded on the basis of precaution. The victory also helped pave guilty and was fined a record $450,000. the way for a national movement to restrict pesticide use. CLIENT TESTIMONIAL For 25 years, Ecojustice has played an important role in supporting organizations like CPAWS to fulfil our mission. In 1992, when it was still known as the Sierra Legal Defence Fund, Ecojustice represented us and helped us win a precedent-setting court case to stop logging in Wood Buffalo National Park, Alberta. “ PAGE 7 | ecoJUstice 2001 2002 2003 SECURING AN INJUNCTION TO CELEBRATING HELPING STOP LOGGING IN THE INTRODUCTION OF SPOTTED OWL HABITAT HOLD IMPERIAL OIL TO THE FEDERAL ACCOUNT FOR CONTAMINATION SPECIES AT RISK ACT In early 2001, a B.C. government IN QUEBEC biologist informed Ecojustice that although there was an Beginning in 1992, we pushed After the site of an Imperial Oil endangered northern spotted hard for a strong federal species petroleum product depot in Lévis, owl in residence, logging was protection law. After 10 years Quebec, became a residential underway in the Siwash Creek of work, the federal Species at development, tests revealed Valley. After travelling to the area Risk Act (SARA) was passed. higher than allowable levels of and videotaping an owl roosting, SARA recognizes that protecting contaminants in the soil. Quebec’s we filed for an injunction. The critical habitat is essential to Minister of the Environment B.C.
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