Pesticides; Great Lakes

CELA Bulletin 56: 23-November-2005 Periodic E-News from the Canadian Environmental Law Association    In this issue:

  1. Supreme Court Dismisses CropLife Appeal of Toronto Pesticide Bylaw
  2. Book Launch - Evolution of the Great Lakes Water Quality Agreement
  3. A Step in the Right Direction for Great Lakes Protection
  4. Court Gives Green Light to Class Proceeding Against Inco

1. Supreme Court of Canada Dismisses CropLife Appeal of Toronto Pesticide BylawThe Supreme Court of Canada has dismissed an application from CropLife seeking leave to appeal the Ontario Court of Appeal decision regarding the Toronto pesticide bylaw. In rejecting the pesticide industry leave application, Canada's highest court also ordered CropLife to pay the City's costs. This decision ends the pesticide industry's legal avenues for challenging the Toronto bylaw. This decision confirms the unanimous decision, released last May by the Ontario Court of Appeal which reconfirmed the Supreme Court of Canada ruling (with respect to the Hudson, Quebec pesticide bylaw) that Canadian municipalities must be able to govern based on the health, welfare and interests of their communities.On-line:

For more information:Paul Muldoon or Theresa McClenaghan (416) 960-2284 ext. 219, ext. 218 2. Book Launch - Evolution of the Great Lakes Water Quality Agreement Lee Botts and CELA Executive Director Paul Muldoon have recently launched Evolution of the Great Lakes Water Quality Agreement, published by Michigan State University Press. The book traces the origins of the agreement from its foundation in the Boundary Waters Treaty of 1909 through the maturing of this binational relationship that saw the creation in 1972 and revision in 1978 and 1987 of the Great Lakes Water Quality Agreement (GLWQA). Built right into the GLWQA is a requirement for its periodic review. Its development in 1972 focused on the eutrophication problems of Lake Erie while revisions in 1978 addressed toxic substances. Further revisions in 1987 enabled the development of Remedial Action Plans in areas of concern and Lakewide Management Plans. This book will make an important contribution to the forthcoming review of this agreement intended to protect the magnificent but fragile ecosystem of the Great Lakes. On-line:

For more information:Paul Muldoon (416) 960-2284 ext. 219; (416) 371-3219 (cell)  3. A Step in the Right Direction for Great Lakes Protection In a joint statement environmental and citizen groups from around the Great Lakes basin have announced their support for two agreements among Great Lakes States and Provinces to protect the Great Lakes. While not perfect, these agreements are a step in the right direction towards ensuring sustainable management of the lakes including preventing out-of-basin withdrawals or other misguided water export schemes. In an open letter to the Ontario Cabinet, CELA lays out detailed reasons for why Ontario needs to support the current negotiations towards completion of the Great Lakes Charter Annex. Despite flaws in the approaches developed, CELA strongly supports the need for new tools to address the water management challenges facing the provinces and states of the Great Lakes basin.On-line:

For more information:Sarah Miller (416) 960-2284 ext. 213  4. Court Gives Green Light to Class Proceeding Against Inco On November 18, 2005, the Ontario Court of Appeal allowed a Port Colborne resident to proceed with his class proceeding against Inco. The lawsuit focuses upon property value depreciation allegedly caused by historic nickel contamination arising from Inco's refinery. CELA had intervened in the Court of Appeal in support of the resident.On-line:

For more information:Paul Muldoon (416) 960-2284 ext. 219; (416) 371-3219 (cell) or Rick Lindgren (613) 385-1686    - 30 -