Montreal, March 2nd, 2021 – The Minister of Environment and Climate Change Canada has approved the expansion of the Port of Montreal Contrecœur terminal despite the reported destruction of the critical habitat of two protected species under the Species at Risk Act (SARA), which comes under the Minister’s responsibility.
With the firm intention of ensuring compliance with the laws in force, the Canadian Parks and Wilderness Society (CPAWS) and Centre québécois du droit de l’environnement (CQDE) are reviewing the recourses at their disposal.
“The project still needs to obtain the necessary permits under the Species at Risk Act. We are determined to use all available means to protect the copper redhorse and western chorus frog”, pointed out Alain Branchaud, Executive Director, CPAWS Quebec. “After eight years of delays before issuing the Ministerial Order for the protection of the copper redhorse’s critical habitat, the government hastily and disgracefully approved the project, at the same time holding ineffectual hearings on that same Order before it comes into force,” he added.
“We are seriously concerned and outraged by the Minister’s decision to approve this project,” said Geneviève Paul, Executive Director, CQDE. “The permitting process, as stated in law, is extremely strict and clearly specifies that an activity may not jeopardize the survival or recovery of a given species. We will be taking all necessary actions to make sure this project will not cause the extinction of another species,” she maintained.
Recall that, in 2012, the Federal Court of Appeal forced Fisheries and Oceans Canada to implement the Ministerial Order provided by law to protect the critical habitats of endangered aquatic species. On that occasion, the Court stated that the Species at Risk Act represents an irrefutable safeguard for threatened species, where other laws grant discretionary powers to decision-makers.
The two organisations had initially expressed their deep concerns in response to early comments attendant to the text of the Ministerial Order, issued in the Canada Gazette on February 20th . It was thus prematurely announced that:
“It is therefore not expected that the Order will have a substantial impact on the project during the environmental assessment, or subsequently during DFO’s review of the project under the Fisheries Act and SARA.”
For the Port of Montreal Contrecœur expansion project, the Federal Government is therefore both judge and party, at once decision-maker and sponsor of the project. Moreover, how can the Agency conclude that the project will not have significant impacts on the copper redhorse, when mitigation measures with more than questionable results are being considered to offset the certain destruction of its critical habitat? We are a long way from applying the precautionary principle here, which should underpin the implementation of the Species at Risk Act.
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Further information (only available in French):
Contacts:
Charlène Daubenfeld
Communications Manager
CPAWS Québec
Cell: 514 378-3880
[email protected]
Sophie Turri
Communications Manager
CQDE
Cell: 438-979-7951
[email protected]