Stopping the use, sale and trade of whales and dolphins in Canada How protection is consistent with WTO obligations Prepared by Leesteffy Jenkins, Attorney at Law 219 West Main St., P.O. Box 634 Hillsborough, NH 03244-0634 Phone (603) 464-4395 For ZOOCHECK CANADA INC. 3266 Yonge Street, Suite 1417 Toronto, Ontario M4N 3P6 (416) 285-1744 (p) (416) 285-4670 (f )
[email protected] www.zoocheck.com This legal analysis was commissioned by Zoocheck Canada as part of a research initiative looking into how trade laws impact the trade and use of whales and dolphins in Canada, and to educate the public about the same. Page 1 April 25, 2003 QUESTION PRESENTED Whether a Canadian ban on the import and export of live cetaceans, wild-caught, captive born or those caught earlier in the wild and now considered captive, would violate Canada's obligations pursuant to the World Trade Organization (WTO) Agreements. CONCLUSION It is my understanding that there is currently no specific Canadian legislation banning the import/export of live cetaceans. Based on the facts* presented to me, however, it is my opinion that such legislation could be enacted consistent with WTO rules. This memorandum attempts to outline both the conditions under which Canadian regulation of trade in live cetaceans may be consistent with the WTO Agreements, as well as provide some guidance in the crafting of future legislation. PEER REVIEW & COMMENTS Chris Wold, Steve Shrybman, Esq Clinical Professor of Law and Director Sack, Goldblatt, Mitchell International Environmental Law Project 20 Dundas Street West, Ste 1130 Northwestern School of Law Toronto, Ontario M5G 2G8 Lewis and Clark College Tel.: (416) 979-2235 10015 SW Terwilliger Blvd Email:
[email protected] Portland, Oregon, U.S.A.