
The Council of Canadians participated in a rally outside the Federal Court building in St. John’s yesterday morning. Photo by VOCM.
The Telegram reports on the Federal Court hearing of the Sandy Pond Alliance challenge against Schedule 2 now taking place in St. John’s, Newfoundland. “In session, alliance lawyer Owen Myers argued changes to the federal Fisheries Act in 2002 — specifically the addition of Metal Mining Effluent Regulations allowing the designation of a pond or lake as a tailings impoundment — are not in line with existing statutes and purpose of the Fisheries Act. ‘This just bypasses the whole act,’ he told the court, arguing the power to list any body of freshwater as a waste area was ‘sort of out there by itself’.”
“The other lawyers in the room — four in total — argued he and the Sandy Pond Alliance members incorrectly believe environmental protection, habitat protection, is the overarching purpose of the Fisheries Act. …Government lawyer Lori Rasmussen suggested the act has always been about balancing different interests in fish-bearing waters. …The government lawyer has requested the application be dismissed.”
“Since its creation, the alliance has received support in its fight to protect the pond – and now other ponds that might be used by mining operations- from organizations like the local Sierra Club and the Council of Canadians.”
“‘This is an example of many, many lakes across the country,’ said supporter Maude Barlow of the Council of Canadians. ‘If we lose … the argument around Sandy Pond, does that mean we don’t have an argument for the other lakes?'”
VOCM adds, “Maude Barlow, Chairperson of the Council of Canadians, joined a protest outside court yesterday and sat in on the court proceedings. Barlow says this isn’t a left wing issue – it is a Canadian issue. Barlow says it is an issue of protecting Canada’s water heritage. She says it is not the Harper government’s choice to give it away. She says the court case is being watched carefully across Canada by people concerned about water rights. Barlow says the fact that the Sandy Pond Alliance is fighting it, is more important than whether they win or lose the court challenge.”
The Telegram report concludes, “The alliance’s lawyer will have an opportunity this morning to respond to all statements, before a decision.”
For more, please go to:
UPDATE: Barlow at Federal Court hearing to defend lakes today
UPDATE: Council of Canadians in Federal Court today to protect freshwater lakes
CBC Radio interview with St. John’s chapter activist Ken Kavanagh