In the fall of 2008 Raincoast, along with several other organizations 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 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 the conservation groups, 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 biological, acoustic or chemical features. This leaves the whales unprotected from threats to chinook salmon populations, their main food source, as well as from pollution, vessel traffic and sound disturbances.  These are the identified reasons for the current status of killer whales and the population decline of the southern resident population.

DFO 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 and our colleagues believe that endangered southern residents do not have time for a ‘trial and error’ approach to protection.  Until the Government of Canada publicly clarifies how all aspects of killer whale habitat will be legally protected, we will continue to seek this directive from the courts.