2011 Victories Report Our thanks to you Dear Friend of Ecojustice: This past year marked Ecojustice’s 20th anniversary. This special occasion not only gave us an opportunity to reflect on our impressive legacy, but also a moment to look forward to the future — a future made more certain thanks to the solid groundwork we laid down during the last two decades. In 2010, we broke new ground with key court victories that strengthen protection for endangered species, like the iconic killer whale. The lawsuit we launched against Syncrude led to the largest environmental fine in Canada’s history. Another victory forced mining and tar sands companies to reveal, for the first time ever, the extent of pollution they cause. These wins, and many more, tell the story of the positive impact your support has for Canada’s environment. While we would love to work ourselves out of a job, the environment needs our help like never before. Our success is a testament to the generous, unwavering support of donors like you who believe investing in the environmental movement is an investment in our future. With your support, we are making Ecojustice stronger in every respect. We are adding talented new lawyers to our staff to take on more work; building our expertise on critical issues like energy, fossil fuels and climate change; and ramping up our Alberta presence to stop irresponsible tar sands expansion. We are also practicing what we preach — starting with our new, green Toronto office — to reflect our values as one of Canada’s leading environmental organizations. Even after 20 years, it feels like we’re just hitting our stride. We have a cast of some of Canada’s finest lawyers and scientists, and we are ready to tackle another 20 years of success using the law to protect and restore Canada’s environment. With your help, we will build upon our strong foundation and set new benchmarks for Canada’s environment. Thank you for your commitment to a greener future. DEVON PAGE PAUL RICHARDSON Executive Director Chair, Board of Directors PAGE 2 | ECOJUSTICE PAGE 3 | ECOJUSTICE healthy communities PAGE 4 | ECOJUSTICE Ecojustice advocates for healthy communities RESTORING THE BALANCE Staff — Will Amos, Margot Venton All Canadians deserve a clean and healthy environment, but “Recently, I found a sadly not all Canadians have the method of giving right to one. In response to this to Ecojustice that allows me to imbalance, we released Restoring donate much more, while at the waste-handling improvements to the the Balance, a report detailing how same time enjoying greater tax Lilydale plant, Ecojustice continues to B.C. can join Ontario, Quebec, benefits. assist residents in addressing other Yukon and Northwest Territories I’m transfering shares — units of noise, odour and nuisance issues. in establishing environmental stocks or mutual funds — directly into Ecojustice’s account. While rights for citizens. Restoring the ENSURING HEALTHY WILD SALMON the full amount donated qualifies Balance outlines a key step on the for tax credit, no capital gains taxes Staff — Judah Harrison, Tim Leadem path to a greener future by offering are payable on accrued capital Ecojustice successfully pushed for the a guide to making the right to a gains. release of information on disease and healthy environment an integral — Winfried Zacherl, sea lice data from B.C. salmon farms part of human rights for all British donor since 2005 after years of industry and government Columbians. The report was shared FOR MORE INFORMATION, PLEASE VISIT: WWW.ECOJUSTICE.CA/SUPPORT/GIFT-OF- secrecy. Justice Bruce Cohen ordered with 188 mayors in the province, STOCKS-AND-SECURITIES the federal and B.C. governments, as well as with each of B.C.’s along with the B.C. Salmon Farmers Members of Legislative Assembly. Association, to release data from poor procedures at the Lilydale facility 120 farms, dating back 10 years. The CLEANING UP CHICKEN resulted in spilled blood, leaking data release is a significant step in WASTE IN CALGARY disposal bins, and chicken parts holding the salmon farming industry Staff — Barry Robinson scattered throughout the residential accountable and determining the An Ecojustice investigation community adjacent to the processing impact of salmon feedlots on wild led Alberta Health Services to plant. The community also faced salmon. Ecojustice continues to issue orders against Lilydale an ammonia leak in September defend healthy wild salmon at the over the improper handling of 2009 that forced some residents ongoing Cohen Commission — the chicken waste at its Calgary plant. from their homes. While the Alberta federal inquiry into the decline of Residents approached us when Health Service’s orders bring some Fraser River sockeye salmon. PAGE 5 | ECOJUSTICE natural spaces PAGE 6 | ECOJUSTICE Ecojustice defends parks, natural spaces and wildlife PUBLIC PARTICIPATION “ Whether it’s brilliant legal work The court’s ruling confirms that AFFIRMED on major cases like Red Chris DFO is legally-required to protect mine or providing strategic advice these features and must include Ecojustice won a major Supreme on emerging issues, we count on whale population in its fishing Court victory in January 2010, Ecojustice and we encourage others plans. DFO has since appealed to go to them as well. Ecojustice defending rigourous federal the ruling in an attempt to curtail staff seem to have that sense of environmental assessment and the blanket protections reaffirmed humour and humility that’s only the public’s right to participate. by the Federal Court’s ruling. possible when you really know In a case centered on the piping plover your stuff. Ecojustice is fighting the appeal. proposed Red Chris mine — a — Jamie Kneen, B.C. open-pit copper and gold SALMON FARM MiningWatch Canada project — Canada’s highest court EXPANSION STOPPED ruled that the federal government Staff — Judah Harrison cannot split projects into artificially small parts to avoid assessment. KILLER WHALES GET Under threat of an Ecojustice Though the mine itself has been NEW LEASE ON LIFE lawsuit, the federal government Staff — Margot Venton agreed to take a closer look at given the go-ahead, the ruling a controversial salmon farm also guaranteed that the public B.C.’s killer whales — and all of expansion. After issuing a rubber- will be consulted about major Canada’s endangered marine stamp approval for the expansion industrial projects. Later in species — now have protected of the Doyle Island salmon farm 2010, the federal government places to eat, sleep and play in near Port Hardy, B.C., the federal deliberately weakened our win peace, thanks to a landmark decision government backtracked and when it amended the Canadian we won in Federal Court this year. required the farm to undergo Environmental Assessment Our long-running battle for stronger an environmental assessment. Act (CEAA). A review of CEAA protection of the killer whales, one of The expansion at Doyle Island is underway and Ecojustice is Canada’s most iconic species, saw sought to boost production by 37 natural spaces working to reverse these changes us sue Fisheries and Oceans Canada per cent, an increase that would and strengthen Canada’s most (DFO) for failing to legally protect all make the site among the largest important environmental law. aspects of the whales’ critical habitat. salmon farms in the province. PAGE 7 | ECOJUSTICE clean water PAGE 8 | ECOJUSTICE Ecojustice protects lakes, rivers, and drinking water SEEKING WATER JUSTICE FOR ALL CANADIANS A big part of our work Staff — Randy Christensen “ is dedicated to ensuring all Canadians from coast to Ten years after the tragedy in coast have access to clean, safe drink- Walkerton, Ont., we issued Seeking ing water. It’s a basic need too many Water Justice — a report that Canadians go without. At Ecojustice we highlights the growing chasm continue to shine light on the cracks between those with access to in the system, thanks in great part to DUCK DEATHS FORCE safe drinking water and those generous funding granted to us by UNPRECEDENTED FINE without — and renewed our call dedicated foundations. Staff — Barry Robinson for strengthened federal water — Randy Christensen, standards for all Canadians. The Ecojustice project lawyer A guilty verdict in the Syncrude report, co-authored by Ecojustice ducks case, originally brought lawyer Randy Christensen and the forward by Ecojustice in 2009, Forum for Leadership on Water, A NEW ERA OF WATER confirmed the need to eliminate reveals that rural and First Nations MANAGEMENT IN ONTARIO tailings ponds and the risks they communities remain at risk of pose. Syncrude was ordered to Staff — Dr. Anastasia Lintner water-borne disease outbreaks pay $3 million in penalties — the while wealthier urban areas Ontario’s introduction of a new largest fine in Canadian history benefit from better standards, Water Opportunities and Water for an environmental offence. technology and personnel. Seeking Conservation Act was a critical The oil giant was found guilty of Water Justice also points to victory for Ecojustice’s water work failing to take adequate measures alarming statistics that indicate and is a harbinger of more good to prevent the death of more than how much further Canada’s things to come. The new Act, the 1,600 ducks that died after landing drinking water safety still has to creation of which we were involved in a tailings pond north of Fort come. Recent data shows that with at every step, charts a modern McMurray. Harm to wildlife is just 1,776 drinking water advisories course for water management in one of the problems tailings ponds are currently in place across the Ontario. It not only provides for pose. They also leak hazardous country, and as of April 2010, significant investment in water substances into surface water and more than 100 First Nations sector innovation, but it also groundwater, threatening entire communities were under advisory includes provisions to ensure water ecosystems.