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December 10, 2003

The City of Toronto passed its by-law last May, forbidding

the use of pesticides, such as herbicides used in lawn care

and insecticides to kill “pests”. The by-law does allow for the

use of some pesticides in cases of infestation, or to reduce

health risks, such as West Nile Virus. Shortly afterward, a

legal challenge was launched by CropLife Canada (a pesticide

industry association). CropLife Canada tried to argue that,

because Ontario’s law has the words “not provided for by

other Acts” and the province has a Pesticide Law, the

Toronto by-law is invalid.

The Canadian Environmental Law Association (CELA)

intervened in the Toronto case on behalf of the Toronto

Environmental Alliance. On the recommendation of Julia

Langer, WWF-Canada joined the case as an intervenor,

represented by the Sierra Legal Defence Fund.

Justice W.P. Somers ruled that the Toronto by-law is legalunder the Ontario Municipal Act, and does not conflict with

provincial or federal pesticide legislation, clearing the way for

other Ontario municipalities to pass their own by-laws. By

restricting the use of pesticides, municipalities can protect

the health of both the environment and the people in it from

the potentially harmful effects of these chemicals, such as

hormonal changes, increased risk of some cancers, and

changes to the immune system.

This is the second time that WWF-Canada has successfully

intervened in an important court reference regarding

municipal by-laws targeting pesticide bans. In 2001, WWF-

Canada, along with the Federation of Canadian Municipalities

and the Town of Hudson, Quebec, was an intervenor in a

Supreme Court of Canada case that upheld the right of 

Quebec municipalities to pass pesticide restriction by-laws.

WWF is dedicated to the conservation of nature. Our ultimate

goal is to stop, and eventually reverse, the accelerating

degradation of our natural environment, and to help build a

future in which humans live in harmony with nature. Curbing

pollution is critical to the survival of all species. Therefore,

reducing contaminants in both the air and water is a vital

part of WWF’s mandate.

 

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Page 2 of 2WWF - The panda has teeth: Ontario Superior Court upholds Toronto pesticide ban

01/03/2010http://wwf.ca/newsroom/?1209