Ecojustice Victories 2005

Supreme Court Victory: Won a precedent setting case in support of the polluter pays principle at the Supreme Court of Canada. The court unanimously ruled that BC Hydro could not evade responsibility for cleaning up pollution caused by its predecessor along the banks of British Columbia’s Fraser River. The site was one of the most polluted in the province, and this case will be an important precedent for the estimated 30,000 contaminated sites across Canada.

Banned Toxic Pesticides: Upheld the right of Ontario municipalities to pass bylaws limiting the use of pesticides in their communities. In November, the Supreme Court of Canada rejected the pesticides industry’s last gasp appeal, paving the way for other communities to pass similar by-laws and protect citizens from harmful substances.

Landmark Class-Action Victory: Successfully defended the rights of Canadians to launch environmental class-action lawsuits in a $750 million lawsuit launched on behalf of residents of Port Colborne, Ontario whose properties had been severely contaminated

Water Rights Win: Denied the controversial transfer of water rights from a lake on British Columbia’s Sunshine Coast in the first-ever case regarding water-rights transfers in the province. The Environmental Appeal Board’s precedent-setting decision will ensure protection of Hotel Lake, headwater for the drinking water of local residents and source of an endangered sockeye salmon run.

Protected Migratory Birds: Gained greater protection for migratory birds from toxic pollution from sea-going vessels and tougher penalties against polluters dumping bilge water into the marine environment.

Exposed Ontario’s Polluters: Forced the Ontario government to publish information concerning violations of air and water pollution laws. When the government ceased to make pollution non-compliance information publicly available in 1996, Ecojustice released this information to the public and media through a series of scathing investigative reports. After a decade of relentless pressure, the Ontario government committed to once again publishing this vital information to the public.

Crucial Water Law Upheld: Prevailed in a nine-year legal battle against the City of Kingston for polluting Ontario's Cataraqui River – successfully defending Canada’s most important water pollution prevention legislation, the federal Fisheries Act

Lake Superior Road Closed: Stopped a forestry company from opening a logging road through Ontario’s pristine Lake Superior Provincial Park to support its logging operations to the east of the park. After a long legal battle, the Supreme Court of Canada rejected the logging company’s final appeal.

Safeguarded Endangered Orcas: Protected the transboundary Southern Resident population of orcas, or killer whales. One year after we appeared in U.S. court, the United States government announced they would extend protection under the U.S. Endangered Species Act to these whales, offering them the strongest possible protection on both sides of the border.

Grizzly Information Released: Forced the B.C. government to release critical data on the number and locations of grizzly bears killed within the province. Ecojustice had been battling since 2000 to obtain this information in support of grizzly bear conservation efforts.