The Ontario government made a promise to protect vulnerable species when it passed the Endangered Species Act in 2007. But in May, it broke that promise.

It told industries, including forestry, mining, and oil and gas pipelines, to stop worrying so

much about those trees and turtles that delayed or scuttled projects and hurt the bottom line.

Now certain industries can ignore parts of the law meant to ensure that species at risk thrive in

their habitat. It’s as if government has handed these industries a get out of jail free card.

We all have a responsibility to protect endangered species from harm. But the Ontario

government — specifically Minister of Natural Resources David Orazietti — has broken its

promise. It broke that promise to Ontarians, but more importantly it broke that promise to the

many plants, birds and animals whose survival is currently endangered or threatened.

As our staff lawyer, Dr. Anastasia Lintner, wrote when announcing our lawsuit to address this

injustice: “Without a concerted effort to ensure that these species are protected from harm, and

have the homes and spaces necessary for survival, we risk losing them altogether.”

In September we sued the Ontario government in Divisional Court. We’re representing

Ontario Nature and Wildlands League, and working on behalf of species at risk. After trying and

failing to convince the government to do what’s right, our clients turned to us and the law.

They know that a lawsuit can be expensive and time-consuming, but they’re grateful that

Ecojustice offers its legal services for free thanks to people like you. Like you, they understand

that the power of the law can undo a wrong. Making a regulation that undermines the Endan-

gered Species Act and may harm species at risk was wrong and it needs to be set right.

The Ontario government must enforce the Endangered Species Act as intended. That’s our

objective. A victory in this case means that Ontario upholds its original promise. That means

using a scientific-based approach to species protection. No blanket exemptions. No excuses.

Just protection for Ontario’s species at risk and their habitat.

— Pierre Hamilton, communications associate

Ontario’s broken promise

Fall 2013 | issue 71

PHOTO BY: IngrId TaYlarHTTP://creaTIvecOmmOns.Org/ lIcenses/BY/2.0/

It’s been a little over a year since Ecojustice released Failure to Protect: Grading Canada’s Species at Risk Laws and sounded the alarm on the state of endangered wildlife protection in this country. Our research revealed that weak, inconsistent and poorly implemented laws at the provincial and federal levels are allowing species like the woodland caribou and Greater sage-grouse to fall through the cracks.

e X e C u T i V e D i R e C T O R

info@ecojustice.ca | ecojustice.ca

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MEMBERS: Tricia Barry, Martha Butterfield, Valerie Langer, Murray Duncan McCaig, Judge William A. Newsom, Doug Rae, Madeline Redfern, Will Roush, Stuart Rush, Q.C.; Leonard Schein, Trip Van Noppen

HONORARY DIRECTORS: Margaret Atwood, Robert Bateman, Doug Chapman, Honourable Claire L’Heureux-Dubé, Gregory J. McDade Q.C., Buck Parker, John Rich, Clayton Ruby, Dr. David Suzuki, Terri-Lynn Williams-Davidson

WE iNViTE your feedback about the Ecojustice newsletter. E-mail editor Kimberly Shearon at kshearon@ecojustice.ca or reach her by phone at 604.685.5618 x 242.

Graphic design by Christa Ledding www.christaledding.com

ECOjUsTiCE is COmmiTTEd to using environmentally responsible papers. 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. SOURCE: UNISOURCE.CA

a word from the eD

After a wave of unprecedented environmental deregulation at the federal level — including the rewriting of landmark laws like the Fisheries Act and the Canadian Environmental Assess-ment Act — it’s clear that protecting the environment is not a serious priority for our country’s top decision-makers.

During the last year, we’ve seen signs in-dicating that the Species at Risk Act (SARA), Canada’s national endangered species law, is the next piece of environmental legisla-tion on the federal government’s chopping block. Also troubling is Ontario’s weaken-ing of its Endangered Species Act — once lauded as the strongest of its kind in the country — to clear the way for unfettered industrial development.

But we’re fighting back.

We’ve sued the Ontario government for its failure to deliver on its promise to defend endangered wildlife. And at the federal level we’ve rolled out a multi-pronged attack to save SARA, the law we helped bring into force in 2002. So far, we’ve been successful in preventing harmful changes from being introduced, but we know we must continue our efforts through 2014.

Resource-wise, we’re certainly out-matched. But we have something more important on our side: You.

According to a national poll (commis-sioned in part by Ecojustice), nearly all Canadians think it’s important to protect

endangered plants and animals. And 85 per cent of those asked say diverse and abundant populations of wildlife play a crucial role in supporting the country’s economy and health.

Earlier this year we asked you to tell us why you support Ecojustice’s efforts to protect Canada’s endangered wildlife. You responded in droves, flooring us with your funny, insightful and passionate respons-es. Your commitment to the Ecojustice mission and to the unglamorous but necessary work of protecting the environ-ment we all share, is truly inspiring.

For more than twenty years, you’ve helped us use the law and science to defend the environment. This is no exception. We’re playing to our strengths: the rule of law, the importance of inde-pendent science and fighting the good fight on behalf of all Canadians. Thank you for standing with us.

WATER

a refreshing win for the public interest in Ontario Earlier this year, Ecojustice lawyers challenged a proposed agreement between Nestlé Canada Inc. and the Ontario Min-istry of the Environment that would have eliminated certain restrictions on Nestlé’s permit to withdraw water during drought conditions from an aquifer in Wellington County, Ont.

Acting on behalf of Wellington Water Watch-ers and the Council of Canadians, Ecojustice lawyers argued the agreement would not be in the public interest and required a full public hearing. Why? As we explained in the summer edition of the Ecojustice newsletter, we believe that a community’s need for clean drinking water should come before a bottled water company’s profits. Plain and simple.

And now we’re pleased to report that the Ontario Environmental Review Tribunal has agreed with our position. In an August ruling, the Tribunal declared that the settlement agreement would be inconsis-tent with the purpose and provisions of the Ontario Water Resources Act and the public interest. It ordered a full hearing on the matter, which led to Nestlé withdraw-ing its request — meaning the drought restrictions still apply.

It’s a big win for us, and while the Tribunal’s decision confirms the importance of government accountability and the public interest in water allocation decisions, Eco-justice’s work to promote long-term reform of Ontario’s water-taking regime continues.

— Will Amos, director of the Ecojustice Clinic at the University of Ottawa

PESTICIDES

Banned in Europe, but okay to use in Canada? We don’t think so!Toxic pesticides like chlorthal-dimethyl and trichlorfon are harmful to you and the environment. Some are known to pollute water and kill bees, birds and fish. Others are believed to trigger neurological disorders and can cause cancer in humans. Europe’s already banned them, so why are they still being used in Canada?

Because the Government of Canada refuses to eliminate them. And in doing so, it has put the health and wellbeing of Canadians at risk.

We’ve asked nicely. But the federal govern-ment has so far outright refused our request to initiate reviews of four toxic, harmful

pesticides, and has failed to even answer the same request for 26 others. That’s why Ecojustice — on behalf of the David Suzuki Foundation, Équiterre and Canadians like you — is taking the federal government to court. It’s a last resort, but a powerful course of action.

This case is about ensuring that the Government of Canada protects its citizens and the environment from harmful pesticides. It’s time for Canada to step up and ban the use of dangerous chemicals that have no place in the air

we breathe, the water we drink or the land that grows the food we eat.

We’ll keep you posted as things progress. As you know, cases like this can take months, even years to see through, so we’re grateful that you’ve chosen to stand with us on this important issue.

— Lara Tessaro, staff lawyer and Dr. Elaine MacDonald, senior scientist

Did You Know?

Nestlé currently withdraws 1.13 million litres of water per day from the Wellington Country well, which it then bottles and sells.

?

BUT WHAT IF we could get municipalities to reduce that amount of sewage pollution? Maybe more Ontarians could enjoy local beaches without fear of E. coli contamination. Or we could better control water treatment costs and protect biodiversity.

I first learned about sewage pollution when I joined Ecojustice. I was shocked to discover the severity of the

eaCh yeaR, billiOns OF liTRes OF Raw sewage aRe DumpeD inTO The gReaT lakes basin’s waTeRways

problem and how widespread it is, in Ontario and across Canada. Last year, we decided to see if Ontario munici-palities had made any progress since our first Great Lakes Sewage Report Card was published in 2006.

This August, Ecojustice published The Great Lakes Sewage Report Card [2013], which analysed and graded 12 Ontario municipalities. We found that many still struggle

The gReaT lakes sewage RepORT (2013)

InfographIc by: KrIsten DIllon

Did You Know? ?

whaT’s sO

impORTanT

abOuT The

gReaT lakes ?

with antiquated sewage infrastructure that causes excessive sewage pollution during wet-weather events. Recent floods in Calgary and Toronto are prime examples of storm events that are going to become more frequent and intense with climate change, which will only exacerbate the problem of sewage pollution.

On Aug. 8, we invited mayors and city councillors in the 12 municipalities to see how they performed against their peers. Windsor and London ranked the worst, with Peel Region taking the top honours. (See chart above for full results)

On Aug. 12, we announced our findings to Great Lakes groups and our support-ers. After the report’s release, I spent a lot of time responding to municipalities interested in and concerned about their grades, as well as reporters. News stories ran in the Windsor Star, the Sarnia Observer, London Free Press and our work was featured in a Global News report in Toronto.

So far, Sarnia mayor Mike Bradley and Toronto city councillor Mike Layton, have reached out to discuss how their cities can reduce sewage pollution. We hope that other municipalities do the same.

We couldn’t have produced this report without help, so I’d like to extend a special thanks to the Charles Stewart Mott Foundation, Sisters of St. Joseph, Bulrush Foundation, Eden Conservation Trust, Schad Foundation and the ongo-ing support of donors like you.

— Liat Podolsky, staff scientist

To learn more, visit http://ecojustice.ca/sewagepollution

$

All levels of government should increase funding for wastewater treatment upgrades.

Municipalities should invest in green infrastructure, such as green roofs, which help absorb storm water and ease the pressure on overwhelmed sewer systems.

Municipalities should publicly report all releases of inadequately treated sewage.

$ReCOmmenDaTiOns

IllustratIons by Dave barnes

InfographIc by: KrIsten DIllon

NORTHERN GATEWAY

work to protect species affected by pipeline plan continues

While hearings on the proposed Northern Gateway pipeline wrapped up in June — the joint review panel’s decision on the matter is expected at the end of year. — Ecojustice lawyers are still hard at work on an ambitious lawsuit to protect four species that will be affected by the proposed pipeline and tanker route.

The Federal Court will hear the case Jan. 8 and 9 in Vancouver. Launched last fall and made pos-sible thanks to the generous support of Ecojustice donors, the case challenges the federal government’s delays in producing recovery strategies for the Pacific Humpback Whale, Nechako White Sturgeon, Marbled Murrelet and Southern Mountain Caribou.

Although the Species at Risk Act (SARA) imposes mandatory deadlines on the federal government to

prepare these recovery strategies, all four strategies are at least four years overdue. Ecojustice lawyers will argue that the federal government’s ongoing and unlawful delay harms the four species by delaying crucial protection for the species’ critical habitat, and by undermining the effectiveness of environmental reviews for major industrial projects, like the proposed Northern Gateway pipeline.

A month after the close of the Northern Gateway pipeline hearings, the federal government released a draft recovery strategy for the Pacific humpback whale. While the draft strategy is an improvement over earlier versions of the document, it will not be legally-binding until it is finalized. It’s a process that, if recent history is any indication, could take months or even years — which makes our work on the issue that much more urgent.

For the latest news on this case and the rest of our efforts to protect Canada’s endangered species, make sure you visit ecojustice.ca and sign up to receive our new monthly email digest, Ecojustice Impact.

— Sean Nixon, western program director

ENDANGERED SPECIES

a double victory for greater sage-grouse It took nearly two years of legal wrangling, but it looks like the federal government is poised to introduce emergency protections for Canada’s endangered Greater sage-grouse.

The news is a welcome breath of fresh air to a case that’s been mired in secrecy, delays and procedural roadblocks. To our knowledge, this is the first time Ottawa has explicitly stated its intention to introduce emergency protections for an endangered species.

But that wasn’t the only important legal precedent you helped us set.

Earlier this year we took Environment Canada to court for what we ar-gued was an unreasonable claim of Cabinet confidence. The federal govern-ment claimed that its decision on whether to order emergency protections for the sage-grouse was part of a “Cabinet decision-making process” and therefore could not be disclosed to the public or reviewed by the court.

We called it a troubling example of the federal government’s lack of transparency around its decisions on environmental protections.

In a decision that was a critical win for the sage-grouse, and an even bigger victory for champions of government transparency and account-ability, the Federal Court of Appeal struck down the confidence claim and

ordered the federal government to make its decision public.

These wins prove that Ecojustice’s unique legal approach can force governments into action. As we continue efforts to protect the sage-grouse in the coming months, we remain ever grateful for your support. We can’t do what we do without you.

— Melissa Gorrie, staff lawyer

photo by: brent aWp

getting to know:When Liat Podolsky sees governments and politicians disregard good science for political or bureaucratic priorities, she takes notice and isn’t pleased. Then she channels that energy into her work.

If Liat reacts with passion to the issue of science and sound environmental policy, it’s because she’s a scientist. She joined Ecojustice in 2007 and since then she’s used her science and research skills to help our lawyers build strong cases.

Her purpose is singular. “I gather the facts and evidence, analyze the solutions and make recommend-ations so that we can prevent further harm to shared resources, like water, that sustain every Canadian,” she said.

Some of those recommendations and analysis are presented in our report, which Liat authored, on sewage pollution in the Great Lakes Basin. The Great Lakes Sewage Report Card 2013 (an update of our 2006 report) grades municipalities on their sewage management and offers suggestions on how they can reduce the amount of raw or partially-treated sewage dumped into Great Lakes waterways each year.

What drew her to this work is the same reason that many of you support Ecojustice.

“Addressing the root of the problems we’re facing is a better approach than a Band-Aid solution,” she said. She’s right. Band-Aids have a habit of falling off. “Our efforts hold governments and industries accountable, and set precedents that will be long-term solutions for protection of species and their habitats, our water and air, and the health of our communities.”

What drives her most to do this work? The answer is simple. She wants to make our environment healthy and sustainable for all future generations.

“We face many hurdles that make our work chal-lenging, but I only have to look to my three-year-old son Jack for inspiration.” And that is all she needs to keep her going.

— Pierre Hamilton, communications associate

liat podolsky

get ready for Impact, your monthly source for all things ecojustice Between efforts to challenge the use of toxic pesticides in Canada and protect endangered species like the Greater sage-grouse and the Pacific humpback whale, it’s been a busy fall for the Ecojustice team. That’s why we’re thrilled to introduce our new email series, Ecojus-tice Impact, which launched this month.

Impact — developed based on your feedback about what you want to see from us — will deliver a curated snap-shot of how we use the law to defend species, air, water, land and your health straight to your inbox every month.

anne Tough’s connection to ecojustice goes way, way back. it even predates the 18 years that she’s been a committed supporter of our work.

you see, anne taught margot Venton, one of ecojustice’s long-time staff lawyers, in grade one.

margot fondly remembers mrs. Tough as being “very cool” and credits her teacher for helping set her on her path of critical thinking, engagement and action — the foundation of her law career and work leading ecojustice’s environmental rights portfolio. mrs. Tough also introduced margot to her love for celery, peanut butter and raisins.

while anne certainly left an impression on her students, she’s also instilled philanthropic and environmental values in her own children. Today, they are concerned environmentalists and her daughter in particular prefers not to receive gifts for Christmas, asking that a gift be made to a charity instead.

a gift for the holidays

given her deep ties to ecojustice, it was an easy decision to make a Christmas gift in honour of her daughter and son-in-law to the organization — something they greatly appreciated, anne said.

“Ecojustice does work that is very worthwhile and necessary,” she explained. “And the people there do a terrific job.”and now you can see how easy it is — and how good it feels — to make a gift in honour of a family member for a holiday or any celebration. when you make your gift you can also decide whether you’d like to send an e-tribute card by email or send a greeting card by mail to your honouree.

— Janice Loomer Margolis, director of philanthropy

Learn more at http://ecojustice.ca/support/tribute-gift. You can also contact Elyse at 1.800.926.7744 ext. 295 or epearson@ecojustice.ca for assistance.

COMING THIS FALL

We’re calling it Impact because it focuses on how our work, done in partnership with Canadians like you, ensures that the environment we all depend on is protected. That’s the Ecojustice impact.

We’ll also invite you to double your impact by participating in strategic actions with the rest of the Ecojustice online community.

Make sure you join our email list to ensure you don’t miss out on this exciting new series.

Sign up at http://ecojustice.ca or by calling donor relations at 1.800.926.7744 ext. 295.