Environmental groups are challenging in federal court the approval of a megaproject to expand a container port that could affect several endangered species in British Columbia. They claim that the green light given by the Trudeau government contravenes the Species at Risk Act.
The Vancouver-Fraser Port Authority intends to build a new port that will be able to handle 2.4 million containers each year, more than double the expansion project of the Port of Montreal in Contrecoeur. It will be located at the end of a long jetty located directly in the estuary of the Fraser River.
However, it is an ecological area of importance for several species, including Chinook salmon and a killer whale population on the verge of extinction, recall four environmental organizations in their legal action. The federal environmental assessment had also identified 32 other species at risk “that could potentially be affected by the project”.
In this context, they consider that the recent approval of the project by the Minister of the Environment Steven Guilbeault is quite simply “illegal”, since it cannot be “justified” while it would contravene the Species Act in Danger.
The “Terminal 2” project at Robert Banks would include the legally protected critical habitat of the Southern Resident Killer Whale. This protection prohibits any “destruction” of elements of the habitat, recalls Dyna Tuytel, lawyer at Ecojustice, which notably represents the David Suzuki Foundation, Georgia Strait Alliance, Raincoast Conservation Foundation and the Wilderness Committee.
“The Fraser River Estuary is a globally significant region that is already suffering from the effects of the footprint of human activity. It is therefore false to say that the conditions imposed by the federal government will prevent the project from causing damage that threatens wildlife species that depend on this irreplaceable habitat, ”also argues Misty MacDuffee, of the Raincoast Conservation Foundation.
Negative effects “
In its 2020 report, the federal commission concluded that “the project would cause numerous adverse residual and cumulative effects” and that the “compensation plan” for aquatic species was “insufficient”.
Following the publication of this 627-page report — which also listed impacts for First Nations and the health of local populations — the federal government wanted to respond to the “concerns” raised by the environmental assessment. It therefore requested “additional information” from the proponent, particularly on the compensation plan, but also on the mitigation measures during construction and operation.
When announcing the authorization of the project, on April 20, Minister Steven Guilbeault thus specified that the Trudeau government imposes at the same time “370 legally binding conditions in order to protect the environment, the local fauna and the activities indigenous peoples related to land use”.
“This project will reduce vessel congestion in the Vancouver area and, combined with a significant government investment, can be completed in a way that protects critical local habitats,” said Minister Steven Guilbeault.
“We are aware of the legal challenge to the government’s decision on the environmental assessment of the Terminal 2 project at Robert Banks, filed by Ecojustice on behalf of a number of environmental organisations. It is not appropriate to comment on the details of the dispute,” said the Impact Assessment Agency of Canada.
“The Government of Canada is satisfied that its decision-making process regarding the project was appropriate and consistent with its legal obligations,” added the federal agency, in a written response to questions from the Duty.
This new port expansion project is not the only one in the region. Alberta’s Trans Mountain oil export project will increase shipping traffic along BC’s coast and in killer whale habitat, among others. This oil project belongs to the Canadian government.