Public kept in dark about findings against Canada

Sierra Legal

MEDIA RELEASE

For Immediate Release: January 29, 2007

TORONTO - Sierra Legal revealed today that the Government of Canada has failed to release the findings of two investigations completed by NAFTA's environmental watchdog, the Commission for Environmental Cooperation (CEC). The investigations focused on the alleged failure by Canada to enforce its environmental laws leading to the destruction of tens of thousands of migratory bird nests in Ontario's forests and the discharge of massive amounts of toxic effluent from Canadian pulp and paper mills.

"Whatever happened to Prime Minister Harper's commitment to transparency and accountability?" asked Albert Koehl, a lawyer with Sierra Legal, which represents Canadian and American groups that asked for the investigations. "I can't think of any justification for the government's conduct in keeping the findings of these investigations from the public."  

The two investigations were completed in June 2006 and involve alleged failures to enforce the Migratory Birds Convention Act and the Fisheries Act. The migratory birds case involved evidence of a widespread failure to enforce the law against logging companies thereby allowing the destruction of 45,000 migratory bird nests annually in Ontario alone. The fisheries case implicated pulp and paper mills in massive discharges of toxic effluent to Canadian lakes and rivers.

The decision on whether to release CEC investigations is made by the environment ministers of Canada, the U.S., and Mexico. Canada's minister John Baird, however, is the lead official on investigations targeting Canada. CEC investigations are to be released to the public within 60 days. All previous investigations have been released.

"It's a shame that the government isn't allowing the valuable information from these investigations to be put to use to better protect our nation's lakes and rivers and its treasured wildlife," said Koehl.

In a third case against the United States EPA for an alleged failure to enforce its Clean Water Act against American coal-fired power plants, CEC experts called for an investigation more than one year ago.  The U.S. Waterkeeper Alliance and Sierra Legal filed the complaint on behalf of Canadian and American groups. Mercury discharges from U.S. power plants constitute a serious threat to the health of Canadians. Even if the U.S. objects, a vote by Canada and Mexico in favour of an investigation would move the case forward. With one minor exception, the U.S has never been investigated under the provisions of the NAFTA side agreement that created the CEC.

"We know that the Bush Administration has been a wonderful friend to the U.S. coal-fired power industry," said Koehl. "Now we will find out if the Harper Government is ready to stand up for Canadians and make sure this investigation proceeds."  

For more information, please contact:

Albert Koehl, Staff Lawyer, Sierra Legal 416-533-1231

Sierra Legal - Advocates for the Environment - www.sierralegal.org

---