Feature story - April 24, 2009
Greenpeace and its partners are awaiting a court decision on a request from the federal government to dismiss an important case brought by environmental groups to protect British Columbia’s threatened northern and endangered southern populations of resident killer whales.
The request by the federal Department of Fisheries and Oceans (DFO) was brought before the federal court hearing the case. The judge has reserved decision.
Need for law suit
Greenpeace and eight other environmental groups filed the lawsuit in October 2008 to ensure the legal protection of the critical habitat of the two populations of resident killer whales off the west coast.
Lawyers from Ecojustice appeared for the environmental groups on Monday 20 April, 2009 to argue that the case must continue if the whales are to be protected.
DFO's request to the court
DFO argued that the case against it should be dismissed because it had issued an Order under Canada's Species at Risk Act (SARA) in February that it said would protect the orcas' critical habitat.
DFO order not enough
The environmental groups argue that the Order issued addresses only the geophysical features of the critical habitat.
The DFO order leaves the whales unprotected from pollution, threats to salmon populations-their primary food source-boat traffic and acoustic disturbances that will make or break their recovery.
DFO has not clarified what aspects of critical habitat the Order is intended to protect. It says the nature and scope of the Order will be determined over time through "trial and error." Greenpeace argues that trial and error is not an acceptable approach to protecting endangered species in Canada.
Order followed lawsuit
DFO issued its Order a few months after Greenpeace and its partners filed the lawsuit. The legal action alleges that the federal government has failed to implement much-needed legal protection for the critical habitat of killer whales.
DFO claimed that existing laws and unenforceable guidelines and policies were sufficient protection against existing and future threats.
Firm environmental position:
Greenpeace and its partners are firm in their view that the case will not be resolved until it is clear what protection under the Order actually means for the killer whales.
Far-reaching impacts
The outcome of this hearing could have far-reaching impacts on endangered species across Canada.
The environmental groups are asking the Court to clarify how SARA should be applied not just to killer whale critical habitat but to all aquatic and marine species and their habitats.