B.C. orcas lack protection, court told
Last Updated: Tuesday, June 15, 2010 | 2:54 PM PT
The Canadian Press
A number of environmental groups say the federal government is not doing enough to protect orcas on Canada's southwest coast. (CBC)Conservationists were in B.C. Supreme Court Tuesday, suing the federal Department of Fisheries and Oceans to try and force better protection for killer whales off Canada's West Coast.
They say the federal government is violating its own Species At Risk Act by failing to protect critical habitat for B.C.'s southern and northern resident orcas.
The groups, represented by Ecojustice, have won previous Federal Court orders protecting the critical habitat of several species of birds and small fish.
Environmentalists were pleased when the Department of Fisheries and Oceans (DFO) issued an order in 2009, protecting coastal B.C. waters crucial to the survival of resident killer whales.
But Ecojustice says that order falls short and its lawyers are back in court, arguing the definition of critical habitat must include several key factors.
"The south resident population numbers around 85, it's a critical state and unless they start to address the key threats to decline, it's going to go extinct," Devon Page, Ecojustice's executive director, said outside the Federal Court building in Vancouver.
Noise, food stock and pollution cited
Page identified two of those threats as a lack of food, primarily chinook salmon, and extensive pollution in the waters the orcas call home.
"Thirdly, they've got to start protecting the orca from noise," he said. "More recent research suggests that the noise, the amount of boat traffic, seismic testing, drilling, that affects the ability of the orca to find its prey, to find its food."
The ocean off the southern B.C. coast that the southern pod calls home is among the busiest waterways in North America.
Page said the case is part of a 15-year campaign by Ecojustice to protect endangered species. The group is hopeful a court victory would ensure stronger legal protection for all of Canada's endangered species.
"We are asking for an order that the minister [of fisheries and oceans] go back, do what's required under the Species at Risk Act, which would require releasing a protection order that identifies how they're going to protect the critical habitat of the orca," he said.
In court, Ecojustice lawyer Margot Venton said DFO has failed to implement adequate recovery and protection plans for the orcas.
DFO to respond
She said critical habitat must be seen as more than just a place on a map.
DFO lawyers have not yet had a chance to present their case before Justice James Russell.
Resident killer whales reside in B.C. waters year-round. The southern residents are listed as endangered, while northern residents are listed as threatened with a population of approximately 235.
The coalition of environmental groups includes the David Suzuki Foundation, Dogwood Initiative, Environmental Defence, Greenpeace, Georgia Strait Alliance, International Fund for Animal Welfare, Raincoast Conservation, Sierra Club of B.C., and the Wilderness Committee.
The court proceedings are scheduled to last for five days.
Share Tools
Latest British Columbia News Headlines
- One dead as floatplane overturns in Bute Inlet
- At least one person is dead after a plane came down in Bute Inlet on the South Coast of B.C., the Joint Rescue Coordination Centre in Victoria says. more »
- Kamloops man skydives for 90th birthday
- A Kamloops man has crossed another item off his bucket list by jumping out of a plane to mark his 90th birthday. more »
- Aboriginal woman settles lawsuit over 3½ years solitary confinement
- The B.C. Civil Liberties Association says it has resolved a lawsuit against the government of Canada filed on behalf of a 26-year-old aboriginal woman from Saskatchewan who was held in solitary confinement in a federal prison for more than 3½ years. more »
- B.C. teachers win fight over political posters in schools
- British Columbia's teachers are free to express their political opinions through buttons and posters in schools after a B.C. Appeal Court panel sided with the union in a constitutional challenge. more »
Must Watch
Top News Headlines
- Search for Oklahoma tornado survivors nearly complete
- Rescue workers raced to complete the search for survivors and the dead in the Oklahoma City suburb where a mammoth tornado destroyed countless homes, cleared lots down to bare red earth and claimed 24 lives, including those of nine children.
more »
- Video forensics: How easy would it be to fake a Rob Ford video?
- Two media outlets reported last week that they had seen a cellphone video of Mayor Rob Ford allegedly smoking crack, a claim that has gone global. If a video does surface, how easy would it be to determine its authenticity? CBC News asked video forensic analyst David McKay. more »
- Eritreans in Canada say consul still demands cash from them
- Evidence obtained by CBC News suggests Eritrea's top diplomat in Canada is again soliciting taxes from the Eritrean community despite a threat by Canada eight months ago not to renew his credentials if he kept at it. more »
- Senate sends Duffy expense audit for 2nd internal review
- The Senate decided to send Senator Mike Duffy's audit report back to its internal committee for a second review, despite objections from the Liberal Senate leader, who argued the RCMP should be tasked with the job. more »
- How the weather info that storm chasers use can keep you safe
- Radar imagery and a stream of weather information are readily available to the public when severe weather bears down. more »
- Cloverdale Rodeo 'racist attack' investigated
- One dead as floatplane overturns in Bute Inlet
- Aboriginal woman settles lawsuit over 3½ years solitary confinement
- B.C. mine's temporary foreign workers case dismissed
- B.C. teachers win fight over political posters in schools
- B.C. girl killed after 11-year-old crashes jeep
- Illegal tree cutting nets charges for arborist, homeowners
- Kamloops man skydives for 90th birthday
- Motorcyclist dead after head-on crash on Lions Gate Bridge

