We’re back in court this morning along with eight other environmental groups and our awesome lawyers at Ecojustice to continue our fight for the protection of British Columbia’s killer whales. Contrary to what the Department of Fisheries and Oceans has to date tried to lead you to believe, protecting killer whale critical habitat should not be a matter of choice, but a matter of the law. We’ve seen what happens when we leave protection of our species at risk up to the discretion of our Federal government – more species join the list every year.
Today, Ecojustice will be arguing before the federal Court of Appeal. This appeal hearing is the latest milestone in our long battle for a more secure future for B.C.’s endangered and threatened killer whales and follows a victory in a precedent-setting case in the Federal Court last year. In that case the judge confirmed that the federal government has a legal duty to protect all aspects of killer whale critical habitat — including salmon prey and the quality of their ocean environment — as outlined in the Species at Risk Act (SARA). With current threats to the marine environment off B.C.’s coast, pushing for greater protection and ensuring the orcas’ needs are met is crucial to their survival.
But early this year the Department of Fisheries and Oceans appealed the ruling, claiming that the Fisheries Act gives killer whale habitat enough protection. This is totally false. Unlike SARA, the Fisheries Act does not make protection of critical habitat — the spaces a species needs to survive and recover — mandatory. In fact, under the Act, the Minister Keith Ashfield retains the discretion to give habitat-destroying activities the go-ahead.
The lawsuit has centred on two distinct killer whale populations that traverse B.C.’s coastal waters known as the northern residents and the southern residents. At last count there were 264 threatened northern residents and just 87 endangered southern residents, and are listed under SARA meaning they should be afforded legal protection of their habitat that is critical to their recovery. The critical habitat of the orcas does not only consist of a physical space, but also biological features like a clean environment and plenty of prey. To thrive, these whales need to be allocated their fair share of Chinook salmon – their favourite food - and need a home free from acoustic and toxic pollution that has been increasingly plaguing our coast.
With continued weak management of our wild salmon populations, the threat of a spill from growing tanker traffic, and more activities in the orcas’ habitat, recovery of these species is in question. We need protective action for the orcas and we need it now.
The outcome of today’s appeal hearing has implications not just for the killer whales, but for the more than 90 marine species listed under SARA. All of these species depend on healthy habitats to survive. Stay tuned for the outcome of today’s hearing.