ENDANGERED SPECIES Page 3

DRINKING WATER IN HARRIETSfIElD Page 4–5

Page 7 THE RIGHT TO A HEAlTHY

ENVIRONMENT

IN THIS ISSUE

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TO: A

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Winter 2015 | issue 75

Let’s stop dirty coal in its tracksBetween the People’s climate

March in new York and nasa

reporting that 14 of the 15

warmest years on record have

occurred since the turn of the

century, conversations about

the urgent need to act on

climate change have dominated

the international stage in recent

months. closer to home, the

threat of climate change is

also top of mind as ecojustice

lawyers help residents of B.c.’s

Lower Mainland take legal

action against coal, one of the

world’s dirtiest forms of energy.

With your support, we’ve filed

a Federal court challenge in an

effort to quash a Vancouver Fraser

Port authority permit allowing

the construction of a new coal

transfer facility on the Fraser

river, on grounds of procedural

fairness and failure to consider

climate impacts.

the Fraser surrey Docks

project would see up to four

million tonnes of american

thermal coal per year shipped

by open-car rail from Wyoming’s

Powder river Basin through

Vancouver’s Lower Mainland for

export. if approved, exposed coal

cars could begin rolling through

B.c. communities as soon as

fall 2015. it’s no surprise that

our clients — two local residents

and a pair of community-based

groups — have serious concerns

about the project’s climate and

health impacts.

as increasing public opposition

to coal transport facilities in

Washington state and Oregon

prompts companies

to look north, it is critical

we stop this dirty

coal project

in its tracks.

the issue

has also drawn

the attention of local governments:

since the case was first launched,

both the city of surrey and city of

new Westminster have indicated

that they will apply for intervenor

status in support of our clients.

this case marks one of the first

opportunities ecojustice has had

to directly challenge a project on

its climate impacts. it’s also a

great example of why i wanted to

work for ecojustice – to pursue

innovative litigation that helps

protect the places we call home.

– Karen Campbell, staff lawyer

ENVIRONMENTAL RESPONSIBILITY By choosing 100 per cent post-consumer recycled fibre instead of virgin paper for this printed material, the following natural resources will be saved or reduced this year: 41 trees; 10,698 kg of wood; 131,312 litres of water; 1,668 kg of landfill; 3,236 kg of net greenhouse emissions; 47 million Btu energy.

E X E C U T I V E D I R E C T O R

since 1990, ecojustice

has been going to court to

tackle canada’s toughest

environmental challenges.

ecojustice got its start in

response to environmental and

public demand. the 1989 exxon

Valdez disaster was fresh in the

minds of the public. south of the

border, environmentalists were

successfully using the power of

the courts to protect the envi-

ronment. But, not so in canada.

canada needed an independent

organization that could litigate

on behalf of the planet and the

people on the frontline of the

environmental movement.

One of ecojustice’s first

cases would illustrate the crucial

role we have come to play.

representing the “Friends of

the Oldman river,” a grassroots

group in alberta, we fought

a proposed mega-dam. in a

case that eventually went to

the supreme court of canada,

we helped force the federal

government to properly assess

the harm that large industrial

projects cause our environment.

and we brought environmental

awareness to canada’s highest

court. in a ground-breaking

decision that opened with an

acknowledgment that “the

protection of the environment

has become one of the major

challenges of our time,” the case

established the precedent requir-

ing environmental assessment

for most major development

projects across canada.

25 years later, we continue

to represent people and

communities who would

not otherwise have a

voice in environmental

decision-making. Despite all that

we have achieved, ecojustice is

needed as much today, if not

more, than we were 25 years ago.

too often, it falls to our lawyers

to make sure that environmental

laws are enforced. and we go

further, leveraging our expertise

to push for stronger laws,

including the recognition of the

right to a healthy environment

in canada’s charter of rights

and Freedoms. it’s a tall order.

But when we look back on

what we have achieved with

the support of people like you,

we know we are ready for the

challenges that lay ahead.

CONTACT uS 214-131 Water street, Vancouver, B.c., V6B 4M31.800.926.7744 x295info@ecojustice.ca

BOARd Of dIRECTORS cathy Wilkinson (President), stuart rush, Q.c. (Vice-President), Deborah curran (secretary), ron Pearson (treasurer), tricia Barry, Martha Butterfield, Valerie Langer, Murray Duncan Mccaig, Judge William a. newsom, Doug rae, Madeleine redfern, Will roush, Leonard schein, trip Van noppen.

HOnOrarY DirectOrs: Margaret atwood, robert Bateman, Doug chapman (in Memoriam), Honourable claire L’Heureux-Dubé, Gregory J. McDade, Q.c.; Buck Parker,

John rich, clayton ruby, Dr. David suzuki, terri-Lynn Williams-Davidson.

fEEdBACK contact editor Darcie Bennett at dbennett@ecojustice.ca or 1.800.296.7744 X246

Graphic design by christa Ledding www.christaledding.com

charitable Business number: 13474 8474 rr0001

sOUrce: UnisOUrce.ca

LETTEr from THE EXECUTIVE DIrECTor

PagE 2 | ecojustice

When Ontario’s Endangered Species Act (esa)

became law in 2007, we celebrated. the esa

is the gold-standard in species protection.

it is Ontario’s main tool for stopping and

reversing the decline of species in the province.

it prohibits anyone from killing or harming

an endangered or threatened species, or from

destroying their habitat. there are permits

and other mechanisms that allow for impacts

to species in some cases, but these are the

exception not the rule, and they must further

the act’s purpose of protecting and recovering

at-risk species.

Like all legislation, the esa is only as good

as its implementation and enforcement. in 2013,

the Ontario government made a regulation that

exempts a wide swath of industrial activity from

the act’s prohibitions, including forestry, early

mining exploration, aggregate mining, hydro

power, wind power, and various forms of

infrastructure development.

the regulation turns Ontario’s species protection

scheme on its head. now, not a single endangered or

threatened species has the benefit of the act’s full

protections. We have moved from a presumption

of protection to a presumption of permission. in

most cases, exempted industrial activity will be

allowed to kill species or destroy their habitat,

as long as this harmful activity is “minimized.”

two months after the regulation came into

effect, we launched a lawsuit on behalf of our

clients, Ontario nature and Wildlands League,

challenging its legality. Like our clients, we

believe that the best way to protect the acadian

Flycatcher, Woodland caribou, Blanding’s turtle

and more than 150 other at-risk species from

extinction is to enforce the esa as it was intended.

thanks to your generous support, on January 14

and 15 our clients finally had their day in court. We

argued that the purpose of the regulation is not

to protect and recover species, but rather to save

money and time for government and proponents.

this is not consistent with the purpose of the

Endangered Species Act, and cannot be lawful.

Moreover, the regulation was made without a full

assessment of whether and how the exemptions will

affect species at-risk, as required by the act. if we’re

successful, the regulation will be declared invalid

by the court and the esa will continue to operate

as before. We expect a decision within a few months

– stay tuned!

DEfENDINg oNTarIo’S EndangErEd SpEciES act aND THE SpECIES IT proTECTS

In most cases,

exempted industrial

activity will be allowed to

kill species or destroy their

habitat, as long as this

harmful activity is

“minimized.”

“

”

aCaDIaN FLYCaTCHeR — eNDaNgeReD

pHoTo: KELLy CoLgaN azar ecojustice PagE 3

THE fIgHT for SafE DrINKINg waTEr IN

last october, Ecojustice lawyer

Kaitlyn Mitchell travelled from

toronto to Halifax to appear before

the Nova scotia supreme court on

behalf of Marlene Brown, Melissa

King and Jonathan andrews.

they live in Harrietsfield, a small

rural community on the outskirts of

the Halifax regional Municipality.

Like many of their neighbours, they

rely on wells for water to drink, wash

dishes, bathe and brush their teeth.

Over a number of years, operations

at a construction and demolition

recycling facility contaminated the

local groundwater. the

nova scotia government has

ordered the companies that have

operated on the site to engage in

various cleanup and monitoring

activities. now, one of the companies is asking the nova scotia

supreme court to remove its name from the Order.

Our clients worry that if the company wins the appeal, the other

companies may not complete the remediation and monitoring work

required to clean-up

their drinking water.

Harrietsfield,

Before the case was heard, we asked you to write to our

clients in Harriestfield and encourage them to stay strong in

their fight to protect their drinking water. and you delivered!

Nova Scotia

inspiring words from more than a hundred supporters reached Marlene, Melissa and Jonathan – and they want to share how grateful they are for your support: We received your letters. Your courage poured into our hearts. You have given us strength and determination to push forward and be strong. You are the voices of ecojustice and they are our guardians - wonderful people fighting for every canadian’s right to a Healthy environment. ecojustice and supporters you rock! thank you!

Jonathan and i were overwhelmed by the letters of support.

We get tired and forget that what we are doing is important outside of our own personal stories. to hear the kind words and well wishes from across the country was a strong reminder that we are doing the right thing by fighting for our community’s right to safe water. in a country such as canada it is important and possible for all people to have access to safe water.We need to advocate for stronger policy around this issue.Melissa

Marlene

PagE 4 | ecojustice

When Kaitlyn

got back from

Nova scotia,

she shared her

reflections on

the journey:

While i was in

nova scotia,

Marlene gave me

a glimpse of her

daily routine.

When we arrived in Harrietsfield, she and i stopped

for water at the local United church. Marlene lugs

around plastic jugs in her car’s trunk. she and many

of her neighbours fill those jugs at the church.

the ground under the tap was wet. this made

Marlene happy. she told me the wet ground

meant community members are using the clean

water rather than drawing water from their con-

taminated wells. Later, Marlene and i sat in her

yard, which is across the street from the site that

is the source of the contamination. We watched

a beautiful stream flowing over some rocks. that

stream passes through the contaminated site.

Lack of access to safe drinking water poses

additional problems for Marlene’s neighbours:

Melissa and Jonathan. the couple has a two-year-

old son, emmett. Because of the contamination,

emmett has never had a bath at home. instead,

his parents make arrangements to bathe him at

family members' homes. My own son is also two

years old. i cannot imagine how stressful this

situation is for them.

if nothing is

done, residents

will continue to

struggle to access

safe drinking water

— something

many of us take

for granted. they’ll

drive to their local

church and to the

homes of family and

friends to fill their

water jugs. all this

despite living just

a 20-minute drive

from Halifax.

Melissa and her son, Emmett

i returned to toronto

with extra baggage. Marlene

gave me a handmade sculpture

of Gandhi. she thanked

me and the Ecojustice

supporters who make our

work possible.

Drinking Water Protection in canaDa

the situation in Harrietsfield is a symptom of an even bigger problem. our country has a patchwork of water-protection standards that allow industrial activities like mining, or construction and demolition recycling facilities to jeopardize our freshwater resources. in places, the patchwork is leaking.

We need environmental laws to be interpreted in a way that enables governments to protect public drinking water resources and uphold every citizens’ right to safe, clean drinking water. and with your help, that is what Ecojustice is fighting for!

PHOTO: STePHen

COdringTOn

The state of

ecojustice | PagE 5

STaff profILE: CHarLIE HaTT Like many city kids from southern Ontario,

i developed a love and respect for nature

through summer camp experiences “up north.”

canoeing through rocky, forested landscapes

has a way of instilling environmental values

with each dip of the paddle.

During my undergrad years i became more

politically aware of environmental issues, and

as a law student i started to get serious about

how i could contribute to the environmental

movement. in 2012, i got the opportunity to

join ecojustice as an articling student and i was

hooked. Last september, i returned to ecojustice

as a staff lawyer in our toronto office.

My mom was a little surprised when i told her

i was going to pursue a career in environmental

law. the way i explained it to her was that i don’t

like to see people get away with things that

aren’t right. i want to use my skills to stand up

for animals, ecosystems and communities that

often don’t have a voice. she’s proud of the work

i contribute to at ecojustice, though she notes

this “accountability thing” must have developed

sometime after my teenage years.

recently, i have been working on a legal

challenge against a new regulation that exempts

major industries from having to comply with

key protections in Ontario’s Endangered Species

Act. this case has opened my eyes to the close

connection between habitat destruction,

whether through remote mining roads or

new subdivisions, and the loss of species.

it hasn’t taken me long in my young career

to see that the devil often lives in the details.

environmental laws that look good on paper

can be undone by weak implementation and

enforcement. Beyond organizations like

ecojustice, there aren’t many options for

holding governments to account when they

fail to implement or enforce their own laws.

Without that accountability, and the support

of donors like you, strong laws will never live

up to their potential and species, ecosystems

and people will pay the price.

PagE 6 | ecojustice

wHy wE'rE STaNDINg Up for CaNaDa'S rIgHT To a HEaLTHy ENVIroNmENT

it’s a big, audacious idea,

sure. But we believe it is a big,

audacious idea whose time has

finally come.

nearly 10 years ago, we met

our clients ron Plain and ada

Lockridge. they live in sarnia,

Ontario, where the air quality

is consistently ranked as

among canada’s worst.

We have seen firsthand how

pollution from nearby petroleum

refineries has chronically under-

mined the quality of their lives. in

sarnia, constant industrial noise

means that the roar of a flare or

wail of a siren can disrupt daily

life at any time. noxious smells

linger in the air. residents like

ron and ada face ever-present

threats to their health and the

health of their families.

Like many of the cases we

take on, this legal fight is an

uphill battle. While the facts are

simple — what is happening in

sarnia is, by most reasonable

standards, unjust — canada’s

environmental laws consistently

protect private rights at the

expense of the public interest.

as a result, an innovative legal

case, like the one we brought

on behalf of ron and ada, is

often the only available avenue

we have to challenge polluters

and compel government action.

this is where the big,

audacious idea of adding the

right to a healthy environment

to canada’s charter of rights

and Freedoms comes into

play. Until our highest law

recognizes that environmental

rights are human rights, what

is happening in sarnia and

far too many other canadian

communities will continue —

and the legal fight to right these

wrongs will not get any easier.

But thanks to committed

supporters like you, we’re closer

to seeing the charter right to a

healthy environment realized

than we were just a year ago.

several canadian munici-

palities, including the city

of Vancouver, have already

adopted declarations recog-

nizing their residents’ right to a

healthy environment. a federal

environmental bill of rights has

also been recently introduced in

Parliament. these are all positive

indications that canadians

have an appetite for change.

We’re excited about where this

could go. We hope you are too.

— Elaine MacDonald,Kaitlyn

Mitchell and Margot Venton,

Ecojustice program staff

it’s tiME for

caNada to do tHE saME.

Photo (L-R): Kaitlyn Mitchell, Margot Venton and elaine MacDonald

MOre tHan 110 cOUntries

aLreaDY recOGnize tHeir citizens’

riGHt tO a HeaLtHY

enVirOnMent.

For years we have asked

ourselves what canada needs to

better protect its residents and

the environment. Over and over,

we've arrived at the same answer:

charter recognition of our right

to a healthy environment.

ecojusticePage 7

CLEaN waTEr IS oUr LEgaCy

Photo taken near Courtney River BC, where Bill and Kathie enjoy spending their time in nature together.

MaKiNG a Gift iN yoUr WillFor more information on making a gift in your will, please contact Jocelyn anderson,

Philanthropy coordinator at janderson@ecojustice.ca or 1-800-926-7744 x293.

nature stewards Bill Heidrick and kathie

Woodley are proud to be two of ecojustice’s

original supporters. their love for the

environment stems from a strong connection

to water. For many years, they lived in a small

town on the west coast of Vancouver island,

surrounded by forest with a gorgeous river

running through it. they feel very fortunate

to have lived in a place where they could

go on long kayak adventures and witness

bears fishing, salmon spawning and even

a few cougars prowling.

as members of groups like council of canadians

and comox Valley Project Watershed, they appreciate

the critical and unique role ecojustice plays in the

environmental movement at large, by providing

legal support for community groups and individuals.

after years of supporting ecojustice’s work to

protect canada’s water supply, Bill and kathie are

now faced with concerns about their own access to

safe drinking water. this past January they received

their second boilwater advisory in a month. they

appreciate knowing they are not alone and are

encouraged by the cases and reports that

ecojustice carries out nationally to ensure all

canadians have access to clean drinking water.

One of the ways Bill and kathie have chosen

to support ecojustice is through a gift in their will.

“Working with our lawyer, we were happy to arrange

for a simple plan, which takes care of our loved

ones, and supports our favourite causes too.

For us, it is a win-win situation.”

they are inspired by young people, especially

young lawyers. “as we see it, it's only through

the courts that our rights are truly protected.”