Lawsuit forces Canada to protect endangered killer whales

Feature story - February 25, 2009
It has been a hopeful couple of weeks for B.C.’s resident orcas. This week, after two new calves were spotted off Vancouver Island, an Order was issued by the federal government providing legal protection for the endangered species’ critical habitat.

Endangered killer whales

This stunning policy reversal comes months after a lawsuit was filed against the Department of Fisheries and Oceans (DFO) by Ecojustice on behalf of Greenpeace and eight other leading Canadian environmental groups.

The federal government's reconsideration marks the first time that Canada has ever issued an Order under its Species at Risk Act to protect critical habitat. However, the Order does not reference the particular threats to critical habitat documented by scientists in the government's Resident Killer Whale Recovery Strategy including toxic contamination, acoustic degradation and declining salmon stocks.

While the Order is a positive step, it is crucial that the words turn to action. This means taking into account an entire ecosystem, including the food needs of the orcas when managing our salmon fisheries, keeping the critical habitat free of tanker traffic and other threats of toxic and other pollution, and prohibiting seismic testing, military sonar, dredging and other activities that lead to both acoustic impacts and disturbance on the orcas and their habitat.

The lawsuit was originally filed alleging that DFO had failed to necessitate much-needed legal protection for the killer whales' critical habitat, claiming instead that existing laws and unenforceable guidelines were sufficient protection against existing and future threats. Avoiding meaningful change when it comes to species protection has become an unfortunate pattern of DFO's. Greenpeace is determined to ensure prohibition of harmful activities within killer whale habitat but also hopeful that DFO will change with the tide and recognize the importance of strong legal protection for all marine species at risk.

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More on B.C.'s two new orca calves.

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