EDRF Lawyer Profile: Mark Haddock
 In this issue of our newsletter, we are going to step away from the traditional update on Environmental Dispute Resolution Fund (EDRF) successes, to begin a series of articles in which we will profile some of our more active lawyers. We will begin with an individual who has a long history with West Coast Environmental Law.
Mark Haddock was inspired to obtain his law degree after working for the Forest Service, where he learned that the industry was not bound by any meaningful regulations. The few rules that did exist were easily skirted by the forest companies.
Mark’s association with West Coast Environmental Law began in the 1980s as a summer student from UBC’s Law program. He spent two summers at West Coast, and in addition to doing research and providing summary advice, he prepared the Citizen’s Guide to Environmental Law.
Upon graduation, Mark articled at the Federal Department of Justice where he assisted senior counsel in environmental and fisheries prosecutions. After being called to the bar, Mark worked for the Department of Indian Affairs and Northern Development, where he focused on environmental issues on Indian Reserves in British Columbia.
In addition to his work in the public sector, Mark has also spent a considerable amount of time in the not-for–profit realm. He has twice been a staff lawyer at West Coast Environmental Law, and has also worked at the Sierra Legal Defence Fund. Mark currently teaches environmental law at Royal Roads University, sits on the Forest Practices Board of British Columbia, and practices environmental law privately. It is through his private practice that Mark assists EDRF clients.
One of Mark’s recent EDRF successes occurred late last year when he was retained by Dan Gerak, the owner of the Pitt River Lodge. Mr. Gerak was horrified that a change in the course of the Pitt River had caused a breach of an old logging landfill – contaminated waste was being washed into the Pitt River. After ten months of unsuccessfully attempting to press the provincial government to have the site remediated, he obtained EDRF funding. With the granted funds, Mr. Gerak was able to get Mark’s legal advice and the assistance of a contaminated site expert. Having this support proved extremely beneficial, site restoration work was completed in December 2005. As Gerak puts it; “Having lawyers follow up on the project made sure the company did not cut corners. They (the contractor) did the best job they could.” Mark’s attention to detail and professionalism ensured that the problem was rectified in a timely and efficient manner. Thanks to Mark, the Pitt River and the surrounding area are free of contaminated waste.
Mark is also counsel for Wildsight, a conservation organization in the Southern Rockies (formerly the East Kootenay Environmental Society). With EDRF support, Wildsight’s Ellen Zimmerman is working to protect the Columbia Wetlands Wildlife Management Area from incursions by jet boats and jet skis (see the back page for our profile of Ellen). Mark is representing the group in their negotiations with the Canadian Coast Guard and the Canadian Wildlife Service.
This battle has been an ongoing one, which began in 2002 with an application, under the Canada Shipping Act, to regulate motorized boating within the provincially protected area. Despite support from the Province of BC, the District of Invermere, the town of Radium, the Canadian Wildlife Service, local First Nations, two regional districts, and a plethora of individuals, the federal Coast Guard has been reluctant to impose the necessary regulations.
At a recent meeting with Transport Canada, Mark and Ellen were able to convince the Transport Canada agent that the Act does indeed provide provisions which allow for the type of regulation Wildsight is looking for. Mark is currently working on a legal opinion regarding the issue, and hopefully he will convince the powers that be that the horsepower regulation is feasible, and that it should be instituted as soon as possible.
When asked to comment on her experience at the meeting, Ellen stated “Mark’s thorough and reasoned approach and willingness to enter the fray when I needed him gave me that all-important backing while directly benefiting the invaluable ecosystem of the Columbia Wetlands.”
West Coast Environmental Law also commends Mark Haddock for his work on behalf of the people and the environment of British Columbia. His willingness to assist groups and individuals at a reduced rate, through the EDRF, as well as his past service in various roles in the environmental law community, illustrate his concern for the future of our province, and his willingness to fight for what he believes in. Our thanks go out to Mark for all his good work!
— Jodi Williams
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