West Coast Environmental Law
Research Foundation
NewsletterWest Coast Environmental Law
Research Foundation
NewsletterOn January 21, B.C. Supreme Court Judge Ian Donald quashed municipal approval of a controversial golf course project on prime wildlife habitat in Delta, B.C. The court accepted arguments by the Boundary Bay Conservation Committee that Delta Council's approval of Boundary Shores Golf Course Ltd.'s 72nd Street proposal was invalid because Council considered pertinent information supporting the proposal after the conclusion of legally-required public hearings -- and didn't give opponents of the development a chance to respond to the information. Lawyers Ray Young and Don Lidstone represented the Committee.
The decision is the climax of a long struggle by the Committee against what the court referred to as "an unprecedented number of golf course development proposals" faced by the city of Delta. These proposals are among the 130 golf courses proposed that have followed the B.C. government's June 15, 1988, decision to allow construction of golf courses without the approval of the Agricultural Land Commission on agricultural land protected under the Agricultural Land Commission Act.
After the 72nd Street proposal had been approved by Delta Council, Delta voters in November, 1990, elected a new Council which has imposed a moratorium on new golf course proposals. The new council continued the City's defence to the Committee's legal proceeding, however, to prevent a claim for compensation from the developer.
It is not expected that the City will appeal the court's decision.
The court quotes the B.C. Ministry of Environment as concluding:
"The site of the proposed golf course involves one of the more important habitat areas for raptors [hawks, eagles and owls] in Boundary Bay and the Lower Mainland region. Accordingly, the Ministry of Environment considers the site to be critically important to sustaining a viable population of raptors in the Boundary Bay area. Such habitats have become exceedingly scarce over recent years."
Boundary Bay is a vital international link for more than a million shorebirds and waterfowl on the Pacific Flyway and also provides an overwintering site for thousands of ducks. Canada's highest concentration and diversity of over-wintering raptors is found in the rich alluvial farmland adjacent to Boundary Bay.
The EDRF made a grant to a Vancouver tenant who is planning to sue her landlord for deliberately applying chemical pesticide in her suite contrary to the tenant's express request. Clark Roberts is representing the tenant.
The EDRF made a grant to the Outdoor Recreation Council of B.C. to support the environmentalists' share of the cost of an alternative dispute resolution process on how best to manage the caves, forests and karst landscapes of Northern Vancouver Island. The karst caves on Vancouver Island are some of the finest examples in the world and they are presently threatened by logging practices. The process is also supported by the B.C. Ministry of Forests and the forest industry.
The long-awaited environmental assessment report of the Ferrochromium Plant Review Panel has been submitted to the B.C. and federal ministers of the environment today.
WCELA's Calvin Sandborn, lawyer for Port Hardy citizens concerned about the proposed smelter, said that the report is expected to be released to the public as early as tomorrow.
The Panel completed twelve days of hearings in Port Hardy on the north end of Vancouver Island on December 1, 1990.
The federal government's proposed pulp pollution regulations will be distributed to stakeholders for comment prior to being published in the Canada Gazette Part I, according to an Ottawa source. These are regulations under the Canadian Environmental Protection Act to control dioxins and furans from pulp mills and amendments to the Pulp and Paper Effluent Regulations under the Fisheries Act to tighten standards and require all mills to have secondary wastewater treatment.
Regarding organochlorines from pulp mills, the English version of Environment Canada's long-awaited toxicity assessment of effluent from pulp mills that use bleaching has been approved. Following translation, the report will be released in February or March, according to the Ottawa source.
Apparently the report will conclude that the effluent is `toxic' as defined in the Canadian Environmental Protection Act but rather than recommend regulation of organochlorines as a whole (AOX), it may recommend control of various individual organochlorines of concern. The toxicity assessment will be followed by a control options report which will identify and put a price tag on the various methods the pulp industry could use to implement these controls.
Editor's comment: It is essential that the federal government move quickly to regulate organochlorines as a whole without waiting for protracted studies of the myriad specific chemicals within the organochlorine family.
The Price of Pollution: Environmental Litigation in Canada, by Elizabeth J. Swanson and Elaine L. Hughes, Environmental Law Centre, Edmonton, 1990. This is an important new text on civil and criminal environmental law with a chapter on law reform recommendations. Contact: (403) 482-4891.
The Al-pac Review Hearing: A Case Study, by Paul Edwards, Environmental Law Centre, Edmonton, 1990. This is a critical analysis of the environmental impact assessment of the now-well-known proposed pulp mill in northern Alberta. Contact: (403) 482-4891.
Draft National Action Strategy on Global Warming, November 1990, Canadian Council of Ministers of the Environment. This report was released for public comment on November 29, 1990. Contact: Michael Cleland, Energy, Mines and Resources Canada, Ottawa, Ontario, K1A 0E3.
The Fraser: A River Under Siege, a report by the New Democratic Party Fraser River Task Force, Lyle MacWilliam, M.P., November 30, 1990. Among other proposals, this report recommends enhanced funding and authority for the Fraser ŪRiver Estuary Management Program and the establishment of similar multi-agency programs for the middle and upper Fraser areas. Contact: (613) 996-2625.
Towards an Old Growth Strategy, Interim Report, BC Ministry of Forests, January 1991. Contact: Bruce Fraser Phone (604) 598-9003, Fax (604) 598-9001.
Recommendations for a Revised Federal Pest Management Regulatory System: Final Report of the Pesticide Registration Review Team, Agriculture Canada, Ottawa, Ontario, December 1990, Bib. The numerous recommendations of this multi-stakeholder process include rewriting the Federal Pest Control Products Act, establishing a self-contained Pest Management Regulatory Agency, which would report to the Minister of Health and Welfare, forming a Pest Management Promotion Office to promote reduction of the use of pesticides, and providing `extensive' public access to information regarding pesticides. The report also includes a dissenting statement by the Canadian Labour Congress. The Review Team included WCELA Board member Carole Rubin. Contact: Pesticide Registration Review, 171 Slater Street, Suite 701, Ottawa, Ontario, K1A 0C5, phone: (613) 990-1437.
Medical Waste: Public Health vs Private Profit, by Brian Lipsett, Citizen's Clearinghouse for Hazardous Waste, Inc., Arlington, Virginia, July 1990. Bib. $8.50. Contact: P.O. Box 926, Arlington, VA 22216, phone (703) 276-7070.
Dangerous Moves: the Law Response to the Transportation of Dangerous Goods, by Murray Rankin in UBC Law Review, Vol. 24, No. 2, 1990, pp. 191-227. This paper assesses the overlapping emergency response mandates of the various governments that operate in Greater Vancouver. It recommends improving and combining the B.C. Environment Management Act and the Emergency Planning Act, forcing municipalities and regional districts to have emergency plans, bolstering training and enforcement, and standardizing an emergency incident data collection system.
Canada's Radiation Scandal?: Are Canada's Radiation Limits Among the Worst in the Developed World?, Atomic Energy Control Board, Ottawa, Ontario, December, 1990. This is a highly entertaining rebuttal of a Greenpeace document called "Canada's Radiation Scandal". Contact: P.O. Box 1046, Ottawa, Ontario, K1P 5S9. For a copy of the Greenpeace document contact: Greenpeace (604) 253-7701. The cost is $1.50.
Profit from Pollution Prevention, Volume I, a Guide to Waste Reduction and Recycling in Canada, by Glenn Munroe, William P. Bradley and Faye Neuber, edited by Douglas V. Lintula, 2nd ed., revised, a project of the Pollution Probe Foundation, 1990. Probe's 1982 classic made a strong case for waste reduction. This second edition provides a practical, systematic guide to that end. It is in two volumes: Volume I is a general guide and Volume II is more technical. Contact: 12 Madison Avenue, Toronto, Ontario, M5R 2S1.
Silvaculture Regulation B.C. Reg. 147/88, under the Forest Act has been amended by OIC 1977, December 21, 1990, to require forest companies to provide the B.C. government with:
The maximum fine for contravention is $2,000.
Jones and Boundary Bay Conservation Committee et al. v. Delta, Vancouver Registry No. A902697, January 21, 1991 (B.C.S.C.). Donald, J., quashed Delta's zoning amendment by-law authorizing the use of certain agricultural land as a golf course. The court held that the municipality's obligation to hold a public hearing under section 956 of the Municipal Act was breached by its receipt of "powerfully persuasive materials" following the conclusion of a public hearing without giving opponents of the rezoning an opportunity to respond. The court rejected the city's argument that the court should exercise a discretion to refrain from quashing the by-law because the petitioners interest is environmental, not property-based. The court stated, "The petitioners' standing is not in question. What is or is not a `property interest' invites a metaphysical debate that is unnecessary in this case" (page 27). In earlier proceedings, Spencer, J., had rejected the developer's application to be joined as a party to the proceeding, but allowed it to be joined as an intervenor. It is not known yet whether the developer will apply for leave to appeal. The City is not expected to appeal. See "Court Protects Habitat" on p. 1.
Yellowhead Ecological Association et al. v. Interfor, B.C. Environmental Appeal Board, Appeal No. 90/10, December 11, 1990, Linda Michaluk, Chairman. The EAB cancelled two forest herbicide (VISION) Pesticide Use Permits because the B.C. Fish and Wildlife Branch had not been able to inspect the sites and thus the permit approval process had not been followed.
We've printed an extra-large number of "Publications Received" notices this issue -- and we could have put in many more. Do you read these? Let us know if they're useful to you. -- BA
`Nothing but the FAX, Ma'am'
Receive your WCELRF Newsletter by overnight FAX at cost -- free for local calls, $10 for 4 issues for long distance.
Memberships: Annual membership fees are $10 for students and seniors, $20 for other individuals, $25 for libraries and other institutions, and $30 for law firms. Newsletter subscriptions are the same prices. Members receive the newsletter for free.
THANKS THANKS THANKS THANKS THANKS THANKS THANKS THANKS
We would like to express our appreciation to the following new members and donors: Canoe-Robson Environmental Coalition, CPU Region IV, Kees & Linda Hof, Denis Pelletier, PPWC Local 11, PPWC Local 1, Deborah Somerville, Michele & Andrew Yuen.
This issue of the WCELRF Newsletter, @ 1991, was produced and distributed by Bill Andrews, Morgan Ashbridge, Ann Hillyer, Dianne Howland, Grace Jukes, Catherine Ludgate, Denice Regnier, Calvin Sandborn, Grace Tait and Charlene Wood. We welcome contributions to the Newsletter. Write us at the address below, or fax us at 684-1312. We are grateful to the Law Foundation of British Columbia for core funding of the West Coast Environmental Law Association and West Coast Environmental Law Research Foundation. Donations to WCELRF are tax creditable.
West Coast Environmental Law Research Foundation 1001 - 207 West Hastings Vancouver, BC V6B 1H7 Canada
phone: (604) 684-7378
fax: (604) 684-1312