New Rules on Pesticide Safety
A decision by Madame Justice Ross of the BC Supreme Court breaks new ground and fundamentally improves the approach that the provincial government must take when regulating pesticides according to West Coast staff lawyer Andrew Gage.
The case, launched by Smithers resident Dr Josette Wier, with financial support from West Coast’s Environmental Dispute Resolution Fund, challenged government approval for the use of an arsenic-based pesticide, monosodium methane arsenate (MSMA) to control forest pests in the Morice Forest District. Dr. Wier had been unsuccessful before the Environmental Appeal Board, which had assumed that MSMA was generally safe because the federal government has approved it for use in Canada. Dr. Wier challenged that approach in the BC Supreme Court.
Madame Justice Ross, in her decision, instructed the Environmental Appeal Board to consider whether there were safer alternatives to using
MSMA.
Andrew stressed that Justice Ross’ decision sets an important new precedent. “Until now, the Environmental Appeal Board has refused to consider the general safety of particular pesticides and has often refused to consider other, safer ways of controlling pests. This decision makes it easier for people concerned about public and environmental health to get a fair hearing on these issues.”
Judge Ross also acknowledged the importance of international law’s precautionary principle, which requires that governments tackle environmental problems even in the absence of full scientific certainty that a problem exists.
“Dr Wier’s training as a pediatrician means she knows better than most the terrible effects many pesticides can have on children and other vulnerable groups,” Andrew noted. “Working with lawyers Tom Buri and Richard Overstall, Dr Wier has achieved a result that will have a significant impact on the way that the Environmental Appeal Board treats pesticide use in the future.”
For more information on Dr Wier’s challenge and MSMA, see ‘Arsenic in our
forests?’ News from West Coast Environmental Law, Volume 28:01, August 12, 2002.
Contents:
The gift that keeps giving, and giving, and giving...
We are grateful to all our donors and supporters, but each month, we
say a special thank you to the members of our West Coast Protectors’
Club. These special donors make small monthly donations to our operating
costs, through an automatic withdrawal from their chequing account or VISA
card. It’s a very simple way to give, and also very painless.
For example, you might allow us to draw just $10 a month from your
account (about the price of one movie, or two lunches, or three coffees).
You’ll hardly notice the money is gone, and at year-end, when we send
you a tax-deductible receipt, you’ll have made a significant
contribution of $120!
And the value of your monthly donation to us goes beyond the face value
of your gift. We can reduce renewal notices to monthly donors (saving
paper and other resources), and your generous gift provides an ongoing,
reliable source of operating funds, allowing us to focus our attention on
emerging and critical issues.
The Protectors’ Club is critical to West Coast’s long-term plans.
It is our most reliable and important means of support on a month to month
basis. We invite you to now become part of this important program. Your
gift, of any amount, is greatly appreciated. However you choose to give,
thank you.
If you have a credit card, we can accept your donation online!
To make a tax-creditable donation to West Coast, click
here, and you will be taken to our secure, encrypted payment
page.
For more information about benefits and how to get started, call us at
604-684-7378 in Vancouver and 1 800 330-WCEL toll-free
throughout British Columbia.
|
