
ContentsThe Year in Review Message from the President West Coast Environmental Law (WCEL) West Coast Environmental Law Association (WCELA) West Coast Environmental Dispute Resolution Fund Society (EDRF) West Coast Environmental Law Research Foundation (WCELRF) Financial Highlights Sponsors and Donors About West Coast Environmental Law THE YEAR IN REVIEWThe past year has seen West Coast continue to grow and change. Both longtime Executive Director Bill Andrews and staff counsel Ann Hillyer resigned from the organization. We thank Bill and Ann for their many years of service to West Coast, and wish them both well with their new legal practices. New staff include Kate Smallwood, the Coordinator for the BC Endangered Species Coalition, (a project administered by West Coast) and Andrea Finch, a staff contract lawyer. Amidst all these changes, we met the increasing demand for public interest environmental legal services. More and more groups and concerned citizens use our free summary advice service. We answer environmental legal questions from members of the public around the province. The Environmental Dispute Resolution Fund, which provides grants for lawyers and other professionals to assist community groups to resolve local environmental disputes, made numerous valuable contributions to court cases, tribunal hearings, and alternative dispute resolution processes. We were involved in many multi-stakeholder processes addressing new environmental legislation at the federal and provincial levels. Notable examples over the past year include the ongoing development of the Canadian Environmental Assessment Act, the draft Canada Endangered Species Protection Act (which was not passed this year, despite much effort), the ongoing work of the BC Greenhouse Gas Forum, the long-awaited BC Contaminated Sites Regulations, and the BC Fish Protection Act. West Coast staff lawyers were involved in two major exciting law reform campaigns on endangered species and climate change. More details on these initiatives are found later in this report. Our activities in legal research and legal education produced a new publication, the Citizen's Guide to Protecting Wetlands, a workshop on urban stream protection, and an ongoing series of workshops on conservation covenants. Our work with other environmental groups and networks around the province and across the country also continued in 1996-97. West Coast is a member of the Climate Change Action Network, the BC Habitat Protection Council, the Environmental Mining Council of BC, the BC Endangered Species Coalition, and the Lower Fraser Valley Air Quality Advisory Committee among others. While the major focus of our work is on the development of stronger environmental laws at the federal and provincial levels, increasingly we are working at both a more local and a more international level. Environmental issues permeate every sphere of activity in society today. West Coast's work on urban streams, urban air quality, protection of private land (which is often found in urban land in BC), and planning law all highlight our growing expertise in the field of urban environmental issues. At the same time, we have been more active on the international front, as delegates to the Third Conference of the Parties to the Biodiversity Convention, the 1997 Meeting of the Commission on Sustainable Development, the Meeting of the Parties to the Basel Convention in Geneva, and as advocates of effective binding international commitments under the Framework Convention on Climate Change. Over the coming year, we will continue to rely on our great staff and Board of Directors, as well as our members and supporters. We hope to expand our work even further.
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WEST COAST ENVIRONMENTAL DISPUTE RESOLUTION FUND SOCIETY (EDRF)Since 1989, thanks to the generous support of the Law Foundation of BC, the EDRF has provided over $1.7 million to help hundreds of community groups throughout BC resolve environmental disputes. We are also grateful to many dedicated lawyers who have provided assistance at a pro bono rate of $50 per hour. Without their contribution, many community organizations would have been unable to participate in the resolution of environment disputes. The EDRF is capably administered by staff lawyer Patricia Houlihan. As community groups have often told her, EDRF funding has done more than "level the playing field" it has helped build committed community networks and helped empower citizens in their efforts to protect the environment. The following are highlights and a brief summary of files funded in this year. The Residents for a Better Port Moody's victory in the BC Court of Appeal shows how EDRF support can set legal precedents and protect a sensitive urban wetland area. It also showed how municipal decision-makers can have significant impacts on environmental protection. A group of residents in Port Moody opposed a development that was to be sited on a small, sensitive wetland area. The residents went to court to protect the area. The BC Supreme Court found that the bylaw, which could have allowed the development to proceed, was invalid because the City of Port Moody had failed to disclose all relevant information to the public, breaching its duty to disclose as much information as possible. The Municipality of Port Moody appealed the Court's decision. In November of 1996, the BC Court of Appeal unanimously dismissed the City's appeal to reinstate the quashed Official Community Plan bylaw. Because the City lost its appeal, the precedent set in the BC Supreme Court remains. The judgment requires local public bodies to disclose environmental information to the public when rezoning or amendments to an official community plan are proposed. The Nechako Environmental Coalition is concerned about air emissions from the Canadian Forest Products medium density fibreboard plant in Prince George. There are a number of mills and beehive burners in the city that all contribute to poor ambient air quality, especially during stagnant air periods. The company wants to expand its fibreboard plant and the Coalition is concerned that the proposed expansion could result in poorer air quality unless stringent air emissions conditions are met. Last fall an Environmental Appeal Board (EAB) decision resulted in substantial amendments to the plant's air emissions permit. These included limiting plant expansion until air emissions monitoring was done using actual (rather than estimated) data and requiring improvements to the plant's air emission monitoring and public release of that data. However, in November, an Order in Council varied (and weakened) the EAB's decision. Neither the Coalition nor the EAB were given notice of the variance until months later. The Coalition's counsel is launching a judicial review of this decision. Environmental Watch, founded in 1985, has focused mainly on pulp mill issues on the BC coast. Their most recent concern is the Howe Sound Pulp and Paper mill at Port Mellon. The mill has frequently been out of compliance with existing permit levels. Rather than working to decrease emissions, the company applied to the Ministry of Environment, Lands and Parks for a permit amendment which would allow a 300% increase in emissions of sulphur dioxide (SO2), which would mean an extra 300 tonnes of SO2released into the Lower Mainland's airshed annually. Amended permit levels would also increase nitrogen oxide emissions by over 80%. Nitrogen oxide and sunlight contribute to ground-level ozone, creating smog that damages crops and makes breathing more difficult. Rather than enforcing the permit conditions and fining the company for emissions over the allowed levels, the Ministry of Environment granted the company's application to increase the permitted levels of pollution. Environmental Watch launched a private prosecution in an attempt to bring the mill into compliance, and the Crown has now taken over this prosecution. Environmental Watch is also appealing the Ministry of Environment's decision to grant higher emission levels to the mill.
The EDRF also supported a number of other community organizations including:
We are grateful to the following lawyers who worked on EDRF funded files this year.
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WEST COAST ENVIRONMENTAL LAW RESEARCH FOUNDATION (WCELRF)Legal EducationLast year, our legal education program concentrated on a number of related areas: wetlands, urban streams, private land protection, and endangered species. Legal Tools to Protect Urban Streams was the topic of a lively workshop that we organized and hosted in June 1996. The results of this workshop, attended by a wide range of stakeholder groups, helped us in our law reform efforts to improve the legal protection for urban streams, consistently rated among the province's most threatened waterways. Our latest public legal education report, Protecting Wetlands in BC A Citizen's Guide was published in December 1996, and coauthored with BC WetNet. We have already distributed over 500 copies of this popular guide. We wrote a chapter for the Canadian Wildlife Service's new publication Wetland Keepers which was modelled after the successful Stream Keepers series. And, thanks to the generous support of the Real Estate Foundation, we conducted conservation covenant workshops in communities around the province, providing information on options for protecting privately owned land. West Coast lawyers spoke on panels at conferences, workshops, universities and schools, and at community group meetings addressing topics ranging from the environmental impacts of undersize shell fishing to public participation in environmental regimes in developing nations. We continued to distribute our popular series on protecting private land.
Legal Research Two major legal research projects occupied West Coast in 1996-97. The first was a comprehensive report for the provincial government on the legal and policy frameworks used to protect and manage fish, fish habitat and fisheries. Linda Nowlan from WCEL worked with Ann Hillyer and Judy Atkins of the Victoria law firm Hillyer Atkins to prepare this report, providing an overview of the complex web of laws and policies that apply to fish in British Columbia. The report also included a preliminary gap analysis of areas where the provincial and federal laws were not regulating areas of concern for fish or their habitat or were duplicating or overlapping in the provision of services. New federal-provincial agreements on an enhanced role for fisheries management in the province and new provincial laws on fish have increased the importance of this subject for West Coast. West Coast's second major legal research project is on climate change. Strategic Options for Reducing Greenhouse Gas Emissions by Chris Rolfe (publication anticipated in August) tackles one of the most pressing environmental law challenges of the next decade: curtailing emissions of greenhouse gases. The report provides a brief review of the impacts of climate change, Canada's emissions, the economics of reducing emissions and the status of international negotiations for emission reductions. It then discusses non-market instruments for reducing emissions, for example, regulatory measures such as energy efficiency standards, and non-regulatory measures such as full cost transportation planning and utility programs to encourage energy efficient homes and businesses. The primary focus of the report is on regulatory and market instruments including emission reduction credit trading, carbon coupon trading and emission allowance trading. The report also discusses specific issues in trading: credit for planting trees and forest management, credit for activities in other countries and trading credits for reductions of different greenhouse gases. The report concludes that no single approach offers a panacea and that an effective program will have to involve a mix of non-market and market instruments. The report is a resource for policy makers and environmentalists pondering the different approaches to greenhouse gas reduction, and should further the debate over what steps Canada and BC must take to this end. The WCEL LibraryWest Coast Environmental Law maintains a comprehensive print and on-line library of selected environmental and legal materials. The print library is housed in our offices, while the on-line portion is available on the World Wide Web, on the WCEL web site at http://vcn.bc.ca/wcel. The library holds over ten thousand items, ranging from books, periodicals and video cassettes, to unpublished reports, collections of clippings and CD-ROMs. All our library holdings are catalogued, and this catalogue is publicly available via our web site. Many of our print holdings are also available on-line, and can be read via the Internet using a Web browser. On-line documents are easily accessible directly from the WCEL Web site, and from the search results generated by the card catalogue. The library holds materials that WCEL lawyers and staff use for their research, as well as materials that we think are useful for the public. Holdings include the Revised Statutes of British Columbia, Federal Statutes, EcoLog, Environmental Appeal Board decisions, environmental law journals, and state of the environment yearbooks, to name a small few. The library is open Monday to Friday, from 8:30 am to 5:00 pm. While the WCEL library is not a lending library, photocopies can be made for a small fee. |
FINANCIAL HIGHLIGHTSWest Coast Environmental Law Association
West Coast Environmental Law Association
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SPONSORS AND DONORSOur grateful thanks to the Law Foundation of BC for their continued generous support this past year. The Law Foundation continues to provide operating funds, and support for our Environmental Dispute Resolution Fund. In addition, we are grateful to the following agencies and foundations for their contributions to our work this past year: Action 21; BC Ministry of Environment, Lands and Parks; BC Urban Streams Habitat Program; Bullitt Foundation; Challenge '96; Cooperative Auto Network; Environment Canada; Lazar Foundation; North American Commission on Environmental Cooperation; Real Estate Foundation; Vancouver Foundation; Wilburforce Foundation; WetKeepers; and WetNet. And our heartfelt thanks to the many individuals and organizations who have donated to our work this past year:
Our grateful thanks to our many volunteers, students and special project workers for their invaluable contributions to West Coast over the past year:
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About West Coast Environmental LawHistoryThe West Coast Environmental Law Association (WCELA) began as the Vancouver Environmental Law Centre in the summer of 1974, to provide a legal advisory service regarding environmental problems. The Centre was incorporated as a Society in 1975, and assumed its present name, the West Coast Environmental Law Association, later in the same year. During 1975 and 1976, the Association began emphasizing environmental legal education and expanded its legal advisory and representation programs throughout the province. In 1977, the Association's educational activities were assumed by the newly-incorporated West Coast Environmental Law Research Foundation (WCELRF), a registered charitable organization. Since 1977, WCELA and WCELRF have continued to grow. In 1989 the West Coast Environmental Dispute Resolution Fund (EDRF) was established, to promote the rational resolution of environmental disputes in BC and alternative methods of dispute resolution, such as multi-sector negotiations. What we do: our mission The mission of the West Coast Environmental Law organizations is to provide legal services, research and education to promote protection of the environment and public participation in environmental decision-making. To carry out this mission, we work in five areas: legal aid, law reform, legal research, legal education, and a library. Legal aid We provide free legal advice on environmental issues that affect British Columbians. We represent clients in environmental legal matters, or we refer them to other environmental lawyers. We also operate the Environmental Dispute Resolution Fund, which provides financial assistance to groups and individuals to hire environmental lawyers and specialists to help settle environmental concerns. Law reform British Columbia and Canada's environmental heritage deserves all the protection we can give and more. West Coast's lawyers and staff are constantly working toward creating new environmental laws, and toward improving existing laws, to help protect the environment for the benefit and enjoyment of all Canadians, and for all generations to come. Legal research West Coast lawyers research laws for environmental impacts both negative and positive. Legal research is often the first step toward the creation of a new environmental law, regulation or policy. We examine laws in Canada, laws from around the world, international treaties, trade agreements, and other policies and regulatory mechanisms. We look for examples of what works, and what doesn't, and we try to uncover environmental areas and issues that have yet to be addressed by law. Legal education West Coast promotes public awareness of environmental legal issues through the books, guides and newsletters that we publish, the West Coast web site, and through public speaking, information booths, media interviews and editorials. Library We maintain an extensive, publicly-available, reference library of environmental and legal materials. A valuable resource on environmental protection, the library currently holds over ten thousand publications, many of which are unavailable anywhere else. As part of the library, we also maintain a world wide web site which holds on-line copies of West Coast's publications and newsletters, an extensive collection of links to other environmental and legal resources on the Internet, and selected environmental statutes and publications. Why should you support us? We can't do this work without you! We are part of the foundation of environmental protection in BC join us, become a member, and help us put together the building blocks of environmental protection in BC. Without the laws protecting the beauty that surrounds us, the goal of environmental conservation becomes that much harder to achieve. When you read about key decisions protecting BC's environmental treasures, or when the government announces new laws to protect our environment, it's likely that West Coast Environmental Law was there, lending a helping hand. When polluters are fined for harming the environment, it's thanks to laws that West Coast helped create. Help us keep up our efforts. We are especially grateful to the Law
Foundation of British Columbia for its generous support of our work. Thanks!
WEST COAST ENVIRONMENTAL LAW 1001 - 207 West Hastings Street voice: 604 684-7378 fax: 604 684-1312 |
West Coast Environmental Law web site
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