Fisheries Act Under Attack

By Krystyn Tully, Vice President, Lake Ontario Waterkeeper

Early morning overlooking the Ottawa River and Parliament Hill in Ottawa, Canada.

»THIS SPRING, Canadians will decide the future of the nation’s most powerful, most important environmental law — the Fisheries Act. When the dust settles, Canadians may be left with one of the most eff ective, protective water laws in the world. Or short-sighted, rushed decision-making may rob Canadians of the best tool we ever had to safeguard our waterways, our fi sheries and our communities. Th e Fisheries Act is nearly 140 years old. It shapes the Canadian fi shery, infl uencing who gets to take fi sh from what areas, how much and under what conditions. It also prohibits the destruction of fi sh habitat and the pollution of waterways. Th e pollution prevention rules, added a little more than 30 years ago, are the rules that Waterkeepers live by. And they are under siege. Today’s Fisheries Act says that no one can put toxic substances into waters where there are fi sh and no one can destroy fi sh habitat without government authorization. Off enders can be tried in criminal court and face fi nes of up to one million dollars a day or jail time if they are convicted. Th e rules that clarify how the law is enforced have been established by various courts through years. Th e standards are clear, they apply equally to every polluter and they equally protect every waterway in the country.

Today’s Fisheries Act encourages citizens to protect their local waterways. Anyone who has evidence that an off ence is being committed can prosecute the polluter in court. Th is right is an important protection against government inaction. It is one of the hallmarks of the Canadian justice system. Th e Fisheries Act is not perfect. Th e federal government has used it to write regulations exempting mining and paper facilities from adhering to environmental standards. It takes time, money and good lawyers to win a Fisheries Act case in court. Historically though, the Fisheries Act has been the best — and possibly only — national tool that Canadians can use to hold polluters accountable, win back lost fi sheries and ward

against new threats to our waterways. Investigations and occasional prosecutions of Fisheries Act off ences have led to cleanups of contaminated sites across the country. One conviction often leads to the cleanup of an entire industrial sector, because the national law sets a bar that protects every community. Desire to comply with the Fisheries Act motivates industry and developers to protect fi sh habitat and clean water. A new version of the Fisheries Act, now being rushed through Parliament, threatens to take away Canadians’ right to clean waters and healthy fi sh. Th is proposal is a complete overhaul, eliminating the most important protections for citizens’ right and our waterways. Gone is the rule that says a community will participate in an environmental assessment if fi sh habitat is to be destroyed. Gone is the rule that ensures at least one-third of every river is always unobstructed. Gone is the rule that says ships can’t sweep coal ashes into our waterways. Gone are the key defi - nitions that prohibited the deposit of deleterious substances — pollution — into Canadian waters. Th e proposal takes environmental protection away from citizens and independent courts and concentrates power in the minister’s offi ce. It abandons rule of law in favour of ministerial discretion, politicking and lobbying. Th e proposed new Fisheries Act would abandon fi sh, and protect corporate interests through grants, loans, and insurance programs. It also off ers up a new, softer response to serious environmental crimes by allowing “alternative measures agreements” to replace guilty pleas and criminal records — an approach that is radically diff erent from this government’s other crime policies.

Canadians rely on a strong Fisheries Act to protect our waters, our traditions and our communities. For the fi rst time in years, the federal government is focused on one of the country’s most pressing issues. But corporate lobbyists and large industrial polluters are steering the ship. It leaves us asking, why? And gearing up for a fi ght. W