B.C. orcas lack protection, court told
Last Updated: Tuesday, June 15, 2010 | 5:54 PM ET
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
Top News Headlines
- Dozens of children die in Syria massacre, activists say
- More than 90 people have been killed by regime forces in a district of central Syria, activists say, and as many as half the victims may have been children. more »
- Aylmer triple stabbing leads to first-degree murder charges

- The estranged partner of a young mother who was stabbed to death along with her parents at their home in Aylmer, Que., has been charged with first-degree murder Friday. more »
- Severe storm in Quebec leaves damage in its wake
- Trees were uprooted, roofs damaged and windows shattered as severe thunderstorms, and possibly a tornado, rattled through southwestern Quebec Friday night. more »
- The risks and responsibilities of taking on Mt. Everest

- The deaths of five climbers last weekend on Mt. Everest, with more summits underway this weekend, fuels the debate about the risks and responsibilities of high altitude climbing. more »
Latest Technology & Science News Headlines
- Unloading of docked SpaceX capsule to start Saturday
- The privately bankrolled SpaceX Dragon capsule made a historic arrival at the International Space Station on Friday, and astronauts will begin unloading some of the 544 kilograms of food, water, clothing and other supplies its carrying starting Saturday.
more »
- South Africa, Australia to share world's largest telescope
- South Africa and Australia will jointly host the Square Kilometre Array, which promises to be the world's largest telescope, the international consortium in charge of the project said Friday. more »
- Bonavista, N.L., 'coyote' was really wolf, tests confirm
- Wolves have not been seen in Newfoundland since around 1930 and were believed to have been hunted to extinction on the island, but genetic tests have confirmed that an 82-pound animal shot on the Bonavista Peninsula in March was, in fact, a wolf. more »
- Once-rare argus butterfly thriving thanks to climate change
- Global warming is threatening the existence of many species, such as the giant polar bear, but in the case of Britain's brown argus butterfly, it took a species in trouble and made it thrive. more »
- Yahoo scraps digital magazine designed for iPad
- Yahoo has killed Livestand, a tablet magazine, just six months after its debut on the iPad. more »
Bob McDonald's Blog
Government to shut down unique fresh water research area May. 25, 2012 12:31 PM The Experimental Lakes Area research facility in Northern Ontario is being closed down after 44 years of providing invaluable data to scientists in Canada and internationally, a decision that has stunned researchers and environmental groups.
Quirks & Quarks
- May 26: Before the Lights Go Out May. 25, 2012 4:15 PM A new book, "Before the Lights Go Out: Conquering the Energy Crisis Before It Conquers Us", suggests that the unpredictable, unplanned, ad-hoc way our energy use developed in the past will shape our energy future.
Latest Features
- Aylmer triple stabbing leads to first-degree murder charges
- Pope's butler arrested in Vatican leaks scandal
- B.C. premier unhappy with disgraced Mountie's transfer
- Everest victim's husband says family not seeking government help
- The risks and responsibilities of taking on Mt. Everest
- Severe storm in Quebec leaves damage in its wake
- Canada ending 'Buffalo shuffle' for visas, closing consulate
- Ottawa man in hospital after lightning strike
- What a Greek euro exit could mean for Canada

