Federal government sued for failure to protect the critical habitat of BC’s resident killer whales

In the fall of 2008 Raincoast, along with several other conservation groups, filed a lawsuit to protect Canada’s two populations of resident (salmon-eating) killer whales.  The case was filed on the basis that DFO, under the federal Species At Risk Act, is obligated to protect the critical habitat of threatened and endangered species.

In April 2009, the Department of Fisheries and Oceans (DFO) sought to have the case thrown out of court, claiming that a decision they had recently made (an Order) would protect the whales’ critical habitat. Ecojustice, the legal firm representing us, argued that while welcomed, this measure was limited in scope and not adequate to protect key aspects of their habitat.

Raincoast is concerned that DFO has focused on protecting the geophysical aspects of their habitat only, and not the aspects that comprise critical habitat – the biological, acoustic or water quality features.  This leaves the whales unprotected from threats of low Chinook abundance, (their primary food source), pollutants, and increasing noise from vessel traffic and underwater sound.  These are the identified reasons for the current status of killer whales and the population decline in the southern resident population.

Despite requests, the federal government has refused to clarify what aspect of critical habitat they intend to protect saying that the nature and scope of the critical habitat will be determined over time through trial and error.  Raincoast believes that endangered southern residents do not have time for a ‘trial and error’ approach to protection.

The trial, overseen by Justice James Russel, began June 15, 2010 at the federal court building in Vancouver.  While originally set for five days, the proceedings ended after three.  One interesting outcome of the proceedings so far, is that the crown has agreed that the law requires the legal protection of the killer whale critical habitat, including the biological elements.  They further agreed that prey abundance is an integral component of critical habitat.

We await the judges decision and remain hopeful he will confirm DFO’s legal obligation to protect the critical habitat of endangered and threatened species.

Media Coverage:

Feds sued over failure to protect Killer whales Media Release June 15 2010

BC killer whales get their day in court Raincoast Editorial Georgia Strait June 15 2010

Canada’s Killer whales get their day in court Raincoast Editorials  Buzzflash June 14,  Counterpunch June 16 2010

Blog:

The Halls of Justice June 16, 2010

Audio Interviews

CFAX speaks with Raincoast about the killer whale lawsuit click here

CFAX Radio’s Murray Langdon speaks with Raincoast scientist, Kathy Heise about the lawsuit filed against the federal government to protect Canada’s two populations of resident killer whales.  The case was filed on the basis that Fisheries and Oceans Canada, under the Species At Risk Act, is obligated to protect the critical habitat of threatened and endangered species.