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Category: Press Release

  • Idaho Just Passed a Law to Compensate the Innocent

    Today, Governor Brad Little signed the “Wrongful Conviction Act” into law, providing state compensation for the wrongfully convicted in Idaho. This makes Idaho the 36th state to adopt a wrongful conviction compensation law. 

    The ceremony took place at the Bonneville County Courthouse in Idaho Falls, the hometown of Christopher Tapp, who spent 20 years wrongfully imprisoned until his exoneration in 2019. Mr. Tapp was exonerated from murder charges based on new DNA evidence that identified the real perpetrator many years after Mr. Tapp was coerced into falsely confessing to the crime. He was convicted despite no physical evidence connecting him to the crime.

    Alongside fellow Idahoan exoneree Charles Fain, Mr. Tapp has been a strong advocate for this legislation, working with the Innocence Project and the Idaho Innocence Project to pass this bill into law.

    The new law, which was sponsored by Senator Doug Ricks and Representative Barbara Ehardt, includes a fixed sum of $62,000 for each year of wrongful imprisonment or $75,000 for each year wrongfully served on death row. The average amount offered nationally through state compensation laws is $68,000 per year of wrongful imprisonment. In addition to Washington D.C., 18 states offer $50,000 or more for each year of wrongful incarceration with many laws providing additional compensation for years served on death row or spent under post-release supervision.

    Idaho’s new law also compensates $25,000 per year wrongfully spent time on the sex offender registry or under post-release supervision. All compensation claims will be processed by the courts.

    For Idaho exonerees like Mr. Fain and Mr. Tapp, the punishment of wrongful conviction continues even after their innocence has been confirmed and they’ve been released from prison. Without compensation, they were left without support for basic needs like housing, transportation, health services or insurance. Exonerees are often also left with criminal records that are rarely cleared despite innocence. Compensation helps exonerees rebuild the lives they lost and acknowledges the unique horrors of wrongful conviction they survived.

    The post Idaho Just Passed a Law to Compensate the Innocent appeared first on Innocence Project.

    This post was originally published on Innocence Project.

  • Statement from Environmental Defence, Ontario Nature and Ecojustice on Bill 257 regarding legislation to exempt MZOs from planning laws and policy

    New law would allow environmentally destructive projects to go forward even if they contravene basic planning rules 

    Toronto, Ont. – Today, the Government of Ontario placed provincially protected wetlands, farmland and forests across Ontario in line for development, as the Province launched yet another sneak legislative attack on environmental protection and public participation rules.

    Hidden within a Bill entitled “Supporting Broadband and Infrastructure Expansion Act, Bill 257” are proposed changes to the Planning Act that will allow Minister’s Zoning Orders (MZOs) to override key provisions of the Planning Act. If this legislation becomes law, when a MZO is used to permit development, it will no longer have to be consistent with Ontario’s fundamental planning principles – set out in the Provincial Policy Statement (the “PPS”). Except within the Greenbelt, lands currently protected under the PPS will become vulnerable to development at the whim of the Province, as the law will allow MZOs to be issued to fast-track development projects that destroy protected farmland, wetlands and natural features.

    These proposals, found in Schedule 3 of the Bill, appear designed to retroactively legitimize the unlawful decision by the Minister of Municipal Affairs and Housing to allow the destruction of a large part of the provincially significant Lower Duffins Creek coastal wetland complex in Pickering. This 50-acre wetland is slated to be bulldozed to accommodate a proposed warehouse, authorized through a MZO. Environmental Defence and Ontario Nature, represented by Ecojustice, are challenging this MZO in Divisional Court. The parties assert the Minister unlawfully issued the MZO, which ignores protections for provincially significant wetlands under the PPS and the Planning Act. Faced with this lawsuit, the government is changing the law retroactively to override our right to seek redress in the Courts.

    Bill 257 illustrates the Ontario government’s willingness to go to great lengths to ensure developers can destroy even the most environmentally sensitive lands and do so without public consultation or comment. It represents an attack on the public’s constitutional right to seek judicial review of unlawful decisions. Moreover, the government is using the pandemic as a cover for its environmentally destructive actions, hiding this legislative amendment in a bill unrelated to the environment or land use planning, and without announcing it on the Environmental Registry or any other mechanism as required.

    Today’s attack on Ontario’s most fundamental planning principles is the latest in a broader drive by the government to pave over large swathes of Ontario’s countryside and protected lands. That agenda also includes running an unneeded suburban highway through the Greenbelt, forcing municipalities to lock in in 30 years of sprawl by expanding settlement boundaries, and the unprecedented misuse of Minister’s Zoning Orders to force through sprawl developments in the interim.

    About ENVIRONMENTAL DEFENCE (https://environmentaldefence.ca/): Environmental Defence is a leading Canadian environmental advocacy organization that works with government, industry and individuals to defend clean water, a safe climate and healthy communities

    About ONTARIO NATURE (ontarionature.org): Ontario Nature protects wild species and wild spaces through conservation, education and public engagement. Ontario Nature is a charitable organization representing more than 30,000 members and supporters, and more than 150 member groups across Ontario.

    About ECOJUSTICE: Ecojustice uses the power of the law to defend nature, combat climate change, and fight for a healthy environment. Its strategic, public interest lawsuits and advocacy lead to precedent-setting court decisions and law and policy that deliver lasting solutions to Canada’s most urgent environmental problems. As Canada’s largest environmental law charity, Ecojustice operates offices in Vancouver, Calgary, Toronto, Ottawa, and Halifax.

    -30-

    For more information on past legislation exempting Minister’s Zoning Orders from Ontario’s planning and environmental laws, see: https://environmentaldefence.ca/2020/12/04/another-twist-knife-conservation-authorities-ontario-government/

    For more information or to arrange an interview please contact:

    Allen Braude, Environmental Defence, abraude@environmentaldefence.ca

    Sean O’Shea, Ecojustice, soshea@ecojustice.ca

    John Hassell, Ontario Nature, johnh@ontarionature.org

    The post Statement from Environmental Defence, Ontario Nature and Ecojustice on Bill 257 regarding legislation to exempt MZOs from planning laws and policy appeared first on Environmental Defence.

    This post was originally published on Environmental Defence.

  • As Canada hosts the first global Powering Past Coal Summit, groups demand an end to ongoing coal mining and exports

    ENVIRONMENTAL DEFENCE CANADA, KEEPERS OF THE WATER SOCIETY, ECOJUSTICE, REAL HEARINGS, ALBERTA WILDERNESS ASSOCIATION

    National exports of 17-20 millions tonnes of thermal coal per year create 8 million cars worth of carbon pollution annually, harm local and global health

    Ottawa, Ont. – From March 2-4, 2021, Canada will be co-hosting the first global Powering Past Coal Alliance Summit, along with the United Kingdom. The federal government wants to use this international spotlight moment to claim climate leadership, despite the ongoing mining and exporting of thermal coal in Canada.

    “Exporting a product which we don’t deem safe enough for use in Canada is not leadership, it’s hypocrisy,” says Julia Levin, Climate and Energy Program Manager with Environmental Defence. “Canada must use this global moment to put coal in the past, where it belongs.”

    As a cofounder of the Powering Past Coal Alliance, Canada claims to be a leader in the rapid global transition away from coal power generation. Domestically, Canada has committed to phasing out coal-fire electricity by 2030.

    Notwithstanding these commitments, there are plans for new and expanded coal mining activity in the mountains and foothills of Western Canada, including developments that would produce coal to burn for power overseas. For years, First Nations, community groups, and environmental organizations in British Columbia and Alberta have fought coal projects in their territories and backyards.

    “The Government of Alberta is trying to push thermal coal onto Indigenous communities – just as communities were getting into large scale renewable energy projects – and making it seem as though coal is one of the only options for communities to access loans or to invest in,” according to Jesse Cardinal from the Keepers of the Water Society. “As someone who works to protect water for now and future generations, I am angry that we have people in these types of decision making positions who are not only going to destroy the water, land and air, but aren’t even thinking about future generations.”

    Not only does Canada continue to allow companies to mine for coal, but the country also exports a significant amount of thermal coal. All in all, Canada’s coal exports produce roughly 40 million tonnes a year of carbon each year, equivalent to 8 million passenger vehicles. Globally, the World Health Organization estimates that thermal coal from all sources is linked to 800,000 deaths each year.

    “Continuing to mine and transport thermal coal in Canada is fundamentally incompatible with the Liberal government’s promises to combat the climate crisis”, Fraser Thomson, a lawyer at Ecojustice, said. “This government has tabled a bill that commits to reducing emissions to net-zero by 2050. If Canada is serious about meeting this target at home, it should be equally serious about reducing global emissions with a ban on thermal coal production and exports.”

    Export of US thermal coal from Canada is also a concern. Since Washington, Oregon and California have repeatedly declined approval to export the coal due to environmental concerns, the U.S. coal industry has looked to the Port of Vancouver instead.  In fact, in recent years up to 40 percent of all coal exported from the Port of Vancouver has been US thermal coal.

    “Communities adjacent to rail lines serving the port have to deal with the impacts of the export of thermal coal, including exposure to diesel exhaust particulate and airborne coal dust,” said Eoghan Moriarty from Real Hearings. “Diesel exhaust is a known carcinogen, and exposure to airborne particulate is linked to respiratory illnesses.”

    “Canadians are looking to our federal and provincial governments to provide pathways that balance economic opportunities with the social responsibility of actively reducing greenhouse gas emissions.” says Alberta Wilderness Association Conservation Specialist Nissa Petterson. “Banning thermal coal mining in Canada and exports from Canada would be a progressive step that would also prioritize protecting the environment for the security of current and future generations.”

    -30-

    For more information, or to request an interview, please contact:

    Barbara Hayes, Environmental Defence, bhayes@environmentaldefence.ca

    Emily Chan, communications strategist at Ecojustice, echan@ecojustice.ca, 1-800-926-7744 ext. 277

     

    The post As Canada hosts the first global Powering Past Coal Summit, groups demand an end to ongoing coal mining and exports appeared first on Environmental Defence.

    This post was originally published on Environmental Defence.

  • General Mills’ Annie’s mac ‘n cheese first-ever food company to eliminate toxic phthalates in food processing equipment

    bowl of Kraft Dinner mac and cheese

    ENVIRONMENTAL DEFENCE AND DEFEND OUR HEALTH

    Environmental and health groups and doctors urge the company to disclose a timeline for action and call on Kraft Heinz to follow suit

    Toronto, Ont. – The consumer food product giant General Mills has committed to eliminating a group of toxic chemicals known as phthalates from the packaging and processing equipment used for its popular mac ‘n’ cheese brand, “Annie’s Homegrown.”

    Phthalates are used as plasticizers in packaging and equipment such as conveyor belts and plastic tubings used in the processing of food products, and have been shown to contaminate foods such as cheese powder. Phthalates are hormone disrupting chemicals and toxic to the reproductive system – exposure to them has been linked to a wide range of health problems including harm to brain development, breast cancer, ADHD, reducing testosterone production and altering thyroid function. 

    “Hormone-disrupting chemicals like phthalates should never be found in food products loved by children like boxed mac ‘n cheese,” said Muhannad Malas, Toxics Program Manager at Environmental Defence. “We congratulate General Mills for making this important commitment and call on Kraft Heinz to clean up the food processing equipment used in its market-leading Kraft Dinner to protect its customers from these toxic chemicals.”

    In 2017, the New York Times reported that laboratory tests commissioned by public health advocates found phthalates in all ten samples of cheese powder found in macaroni and cheese products. These included two varieties of Annie’s Homegrown. On average the phthalate levels found were four times higher in cheese powder than in natural cheese, with no difference found between organic brands and conventionally sourced cheese.

    “We applaud General Mills for its market leadership in asking its suppliers to eliminate these toxic chemicals from food processing equipment,” said Brandon Moore, U.S. national campaign director for Defend Our Health. “Next, General Mills should announce a public timeline for cleaning up its Annie’s supply chain and expanding its commitment to other Annie’s products and its many other brands. We also call on other processed food companies such as Kraft and Nestlé to match General Mills’ leadership commitment to toxic-free food.”

    Although a growing number of food companies have ended the use of phthalates in food packaging, General Mills is the first to publicly commit to clean up its supply chain to require suppliers to eliminate phthalates in food processing equipment.

    Food processing equipment, rather than packaging, is thought to be the major source of phthalates that enter our food. Phthalates have been found in 100 per cent of conveyor belts and 80 per cent of plastic tubing used for food processing, according to testing by scientists from the U.S. Food and Drug Administration (FDA).

    “Phthalates pose significant health risks to children, especially from maternal exposure during pregnancy,” said Leo Trasande, MD, MPP, a pediatrics professor at New York University and co-author of a scientific statement on food contact chemicals for the American Academy of Pediatrics. “Eliminating all uses of phthalates in food contact materials remains a public health priority.”

    Phthalates are not regulated in food contact materials in Canada due to a severely outdated toxics legislation, the Canadian Environmental Protection Act (CEPA) which the federal government promised several times to modernize, including in its 2020 Speech from the Throne. Contrary to the conclusions of other government agencies and independent scientists, Canada published its final assessment of 28 phthalates last December concluding that these chemicals are highly hazardous but did not meet the legal toxicity criteria to require regulatory action. Only one phthalate, DEHP, is listed as toxic under CEPA. The European Union, on the other hand, has banned most uses of phthalates in plastics that contact fatty food and infant food.

    – 30 –

    For more information or to request an interview:

    Sarah Jamal, sjamal@environmentaldefence.ca

    About ENVIRONMENTAL DEFENCE (www.environmentaldefence.ca): Environmental Defence is a leading Canadian environmental advocacy organization that works with government, industry and individuals to defend clean water, a safe climate and healthy communities.

    About DEFEND OUR HEALTH (www.defendourhealth.org): Defend Our Health is a nonprofit public health organization working to create a world where all people are thriving, with equal access to safe food and drinking water, healthy homes, and products that are toxic-free and climate-friendly. Defend Our Health staffs the Toxic-Free Food campaign, a national coalition working to persuade the food industry to end the use of food contact chemicals of concern in food processing equipment, food packaging, and food service ware.

    The post General Mills’ Annie’s mac ‘n cheese first-ever food company to eliminate toxic phthalates in food processing equipment appeared first on Environmental Defence.

    This post was originally published on Environmental Defence.

  • Ontario opposition parties all vow swift restoration of Conservation Authority powers

    ENVIRONMENTAL DEFENCE, CPAWS OTTAWA VALLEY, DAVID SUZUKI FOUNDATION, ONTARIO NATURE, RESCUE LAKE SIMCOE COALITION, WILDERNESS COMMITTEE

    Developers who get permits through a “political route” would be left with nothing

    Toronto, Ont. – Developers and landowners who want to develop on floodplains, wetlands and other hazardous or environmentally sensitive lands should think twice before using newly-created political shortcuts to circumvent or overrule Conservation Authorities. That is the unified message sent today by Ontario’s opposition political parties. Ontario’s Official Opposition New Democratic Party, as well as the Liberal, and Green parties, pledged to restore the powers of Conservation Authorities over development decisions. The New Democratic, Liberal, and Green parties also committed to revoke without compensation any permits that are granted using the lenient and politicized new development approval routes created by the government.

    “We hope these commitments from Ontario’s opposition parties will help stem the destruction the government has unleashed on natural features that keep us safe. They send a clear message to developers that if they use new loopholes to get around Conservation Authorities’ decisions, they risk throwing away their investment,” said Phil Pothen, Ontario Environment Program Manager, Environmental Defence. “The prudent approach for developers and landowners now is to act as though Conservation Authority decisions are final, and to focus on complying with whatever flood and landslide prevention and other environmental constraints they impose.”

    Last December, the Ontario government ignored a deafening chorus of warnings from Conservation Authorities, independent experts, farmers, the public, and its own Greenbelt Council, and passed Schedule 6 of Bill 229, which undermined protections against floods, landslides and environmental hazards by hobbling Conservation Authorities. These changes are designed – and are already being used in conjunction with Minister’s Zoning Orders – to unleash residential and commercial sprawl in environmentally sensitive areas, like a Provincially Significant Wetland in Pickering connected to Lower Duffins Creek.

    Environmental Defence asked all political parties if they would commit to repeal Bill 229 Schedule 6 in its entirety upon forming government. While the governing Progressive Conservative Party did not respond, all three opposition parties have committed to do exactly that. Specifically, they have committed to:

    • remove the power of the Minister to reconsider and force through development applications already reviewed and rejected by arms-length Conservation Authorities
    • remove the Minister’s power to replace the role of Conservation Authorities in deciding all, or some subset of development permit applications, with a backroom political process
    • end “forced permits”, which Conservation Authorities are obliged to issue (even in the face of serious public safety and environmental concerns) wherever the Minister of Municipal Affairs and Housing has issued a Minister’s Zoning Order
    • repeal the “pay to pave” provisions which force Conservation Authorities to let developers build within and compromise key protected ecological areas provided they pay monetary compensation
    • restore the power of Conservation Authorities to expropriate land required to protect the public, as well as their full research, inspection, and stop work order powers
    • remove the power of private landowners who know or suspect their property contains sensitive features, to conceal that fact by excluding Conservation Authority staff
    • restore the standing of Conservation Authorities as parties to Planning Act Appeals.

    “Restoring these powers to Conservation Authorities by revoking Schedule 6 will make all of us safer”, said Dr. Anne Bell of Ontario Nature. “Conservation Authorities’ traditional role in permitting work and broader land use planning protected the wetlands and forested areas that store and slow the speed of flood waters, preventing and mitigating damage caused by floods and landslides.”

    In view of the very grave threat to the environment and public safety created by development permits issued using newly-created mechanisms which circumvent or disregard expert and arms-length scrutiny, Environmental Defence asked the major parties to go further, and commit that if and when they form government, they will revoke, using legislation which denies any compensation to developers, any Conservation Authorities Act permits issued by the Minister or forced on Conservation Authorities. Both the Official Opposition Ontario New Democratic Party and the Green Party agreed unambiguously to revoke permits and legislate away any right to compensation. While the Liberal Party did not specify the means of denying compensation, they too committed to revoke the permits, and protect Ontario from any financial liability.

    “The swift commitment by these parties to revoke approvals granted under Schedule 6 without compensation is a bold but necessary statement that reflects the severity of the risks they pose to healthy wetlands, woodlands, biodiversity and public safety.” said Katie Krelove, Ontario Campaigner for the Wilderness Committee.

    “The Schedule 6 changes to the Conservation Authorities Act are just one part of a dangerous and coordinated policy agenda that is enriching developers of car-dependent residential and commercial sprawl by sacrificing natural heritage and farmland,” said Claire Malcolmson, Executive Director of the Rescue Lake Simcoe Coalition.

    “The government’s pro-sprawl agenda, which includes running a new suburban highway through the Greenbelt, pressuring municipalities to expand settlement boundaries by July 2022, suburbanizing large swathes of countryside, and using an unprecedented number of Minister’s Zoning Orders to force through sprawl developments in the interim, have led many of Ontario’s leading environmental NGOs and grassroots groups to band together in pushing back as the ‘Yours To Protect’ coalition,” added Phil Pothen. “Today’s announcement is one of many we hope to make over the coming months as we build consensus among Ontarians of all political stripes around stopping the sprawl agenda and preserving our remaining farmland and natural heritage.”

    – 30 –

    For more information and to arrange an interview please contact:

    Allen Braude, Environmental Defence, abraude@environmentaldefence.ca

    John Hassell, Ontario Nature, johnh@ontarionature.org

    Katie Krelove, Wilderness Committee, Ontario Office, katie@wildernesscommittee.org

    The post Ontario opposition parties all vow swift restoration of Conservation Authority powers appeared first on Environmental Defence.

    This post was originally published on Environmental Defence.

  • Environmental groups in court to defend federal environmental law from attack by the Government of Alberta

    ENVIRONMENTAL DEFENCE CANADA, MININGWATCH CANADA, NATURE CANADA

    Ottawa, Ont. – This week, the Government of Alberta is challenging the new federal Impact Assessment Act (IAA, formerly Bill C-69) in the provincial Court of Appeal.

    MiningWatch Canada, Nature Canada, and Environmental Defence Canada – represented by the Canadian Environmental Law Association (CELA) and West Coast Environmental Law – are intervening in the hearings to defend environmental protections. CELA is also representing itself.

    “People across Canada deserve a robust impact review process that safeguards the long-term health of our communities while allowing good projects to be built,” says Julia Levin, Climate and Energy Program Manager with Environmental Defence. “This is yet another baseless attack from the Government of Alberta against measures meant to tackle the climate crisis – as were the attacks on carbon pricing, environmental activists and more.”

    The IAA, which came into force in 2019, was an attempt to strengthen Canada’s environmental laws and fix the broken project review process, which had been gutted in 2012 by the previous government. While environmental groups have some criticisms of the law, it does make some important improvements. For the first time, Canada’s environmental assessments are legally required to consider a project’s climate impacts.

    “Impact assessment is all about looking before you leap,” says Stephen Hazell, Emeritus Counsel with Nature Canada. “Provincial and federal governments share the legal authority to protect the environment and conserve nature. As interveners, we will be making submissions to the court that the IAA sits squarely within federal authority.”

    Before receiving royal assent, Bill C-69 was the target of massive opposition from the oil and gas lobby. Back in May 2019, Alberta’s Premier Jason Kenney warned that if the amendments to Bill C-69 suggested by the oil and gas industry were not adopted as a whole, it would result in a constitutional challenge on the grounds that the law intrudes on provincial rights.

    Now, Alberta is arguing that the IAA goes beyond the federal government’s constitutional authority.

    With some provinces showing less regard for environmental protection and weak assessment frameworks, it is more important than ever to have strong federal laws.

    “We depend on the federal government to safeguard our families, our health and the environment from pollution, toxic contamination and other potential harms. The decisions we make today with regards to industrial projects and energy infrastructure will have consequences for generations to come.” says Jamie Kneen, Communications Coordinator with MiningWatch Canada. “Environmental assessment allows us to make informed decisions to make sure that only acceptable projects go forward, and that those projects are the best that they can be.”

    The Alberta Court of Appeal’s virtual, live-streamed hearings are scheduled to begin on Monday, February 22 and conclude on Friday, February 26, with appearances by the above interveners scheduled for Thursday, February 25.

    About MININGWATCH: MiningWatch Canada is a non-profit organization created to provide a public interest response to the threats to public health, the environment, and community interests posed by irresponsible mineral policies and practices in Canada and around the world. It provides timely information and support to mining-affected communities and related organizations, and works for better mining-related policies.

    About NATURE CANADA: Nature Canada has been a voice for nature for more than 80 years. We are a charitable organization advocating the conservation of land and the protection of waterways, and oceans to help stop the loss of species. We facilitate mobilization among more than 900 nature organizations and 100,000 nature-lovers while helping Canadians connect to nature.

    About ENVIRONMENTAL DEFENCE CANADA: Environmental Defence Canada is a leading Canadian environmental advocacy organization that works with government, industry and individuals to defend clean water, a safe climate and healthy communities.

    -30-

    For more information, or to request an interview, please contact:

    Barbara Hayes, Environmental Defence, bhayes@environmentaldefence.ca

    Jamie Kneen, MiningWatch Canada, jamie@miningwatch.ca

    Stephen Hazell, Emeritus Counsel, Nature Canada, shazell@naturecanada.ca

    The post Environmental groups in court to defend federal environmental law from attack by the Government of Alberta appeared first on Environmental Defence.

    This post was originally published on Environmental Defence.

  • Statement by Executive Director Tim Gray on the Ontario government’s plan to grow the Greenbelt

    Toronto, Ont. – Today, Steve Clark, the Honourable Minister of Municipal Affairs and Housing, announced a plan to grow Ontario’s Greenbelt. This is welcome news and will, when complete, enhance the critical role played by the Greenbelt to limit sprawl and protect farmland, forests and the sources of our drinking water, as well address climate change.

    In addition to the land in the Paris Galt Moraine and urban river valleys lands that the Minister is asking the public to consider adding to the Greenbelt, there are various lands under development threat that should also be considered, such as the headwaters of Carruther’s Creek north of Ajax/Pickering, all of the wetlands associated with Duffins Creek and some Whitebelt lands adjacent to the Greenbelt that are in danger of being fast-tracked for development.

    Adding such lands to the Greenbelt will increase farmland and nature protection and reduce land speculation in these areas. Greenbelt expansion should also be accompanied by the Ontario government re-examining the legal and policy changes that it has made to weaken the Growth Plan, Planning Act and Conservation Authorities Act. These laws and policies should work in tandem to ensure the development of sustainable communities in the Greater Golden Horseshoe.

    Growing the Greenbelt and improving the planning system would build on the important and historic work of many previous governments.

    A full elaboration of how to best move forward with expansion to the Greenbelt, which is endorsed by over 90 groups and prominent individuals, can be found here.

    About ENVIRONMENTAL DEFENCE (www.environmentaldefence.ca): Environmental Defence is a leading Canadian environmental advocacy organization that works with government, industry and individuals to defend clean water, a safe climate and healthy communities.

    -30-

    For more information and to arrange an interview, contact: Allen Braude, Environmental Defence, abraude@environmentaldefence.ca, 416-356-2587

     

    The post Statement by Executive Director Tim Gray on the Ontario government’s plan to grow the Greenbelt appeared first on Environmental Defence.

    This post was originally published on Environmental Defence.

  • Over 90 groups and prominent individuals offer a new blueprint for expanding Ontario’s Greenbelt 

    ENVIRONMENTAL DEFENCE, ONTARIO NATURE

    Report provides advice requested by Steve Clark, Minister of Municipal Affairs and Housing

    Toronto, Ont. – Today, over 90 groups and prominent individuals, including former members of the Greenbelt Council, released a new report Expanding Ontario’s Greenbelt: Getting It Right. The report provides a blueprint for how the Province can grow Ontario’s world-renowned 1.8 million acre Greenbelt, to increase the amount of farmland and natural spaces that are protected from urban sprawl.

    “Expanding Ontario’s Greenbelt will help improve the sustainability of farming in the region, will help protect drinking water resources and assist in the fight against climate change. I was pleased when, in December, the Honourable Steve Clark, Minister of Municipal Affairs and Housing, stated that he wanted advice on how to expand the Greenbelt. This report responds to that request and sets out a path for success,” said David Crombie, former Chair of the Greenbelt Council.

    The report outlines five requirements the provincial government must follow to ensure that Greenbelt expansion improves the environmental and financial health of Ontarians:

    • Retain all lands currently protected within the Greenbelt
    • Build on the science and public consultation carried out during the recent boundary expansion review
    • Simultaneously address public health, local food security, water security, climate resilience, biodiversity conservation and economic prosperity
    • Acknowledge that there is more than enough land available to both expand the Greenbelt and build complete communities in the Greater Golden Horseshoe
    • Consult meaningfully with Indigenous communities

    “The COVID-19 pandemic has made it clear how crucial the forests, wetlands, river valleys and farmland all around us are to our continued well-being and to maintaining our health,” said Anne Golden, former Chair, Ryerson City Building Institute. “Bringing more land under the legal protection of the Greenbelt is the best tool to protect these precious spaces.”

    “Our report outlines the steps the provincial government needs to take to protect the lands and waters that sustain us and create an equitable, prosperous future for people living in the most heavily populated region of the province,” said Dr. Anne Bell of Ontario Nature.

    “This report responds to Minister Clark’s request for advice on how to grow the Greenbelt. We now look forward to meeting with, and working with, the Minister to turn this report into action,” said Tim Gray, Executive Director, Environmental Defence.

    Read the full report here.

    About ENVIRONMENTAL DEFENCE (www.environmentaldefence.ca): Environmental Defence is a leading Canadian environmental advocacy organization that works with government, industry and individuals to defend clean water, a safe climate and healthy communities.

    About ONTARIO NATURE (www.ontarionature.org): Ontario Nature is a charitable conservation organization that protects wild species and wild spaces across Ontario through conservation, education and public engagement.

    – 30 –

    For more information and to arrange an interview, contact:

    Allen Braude, Environmental Defence, abraude@environmentaldefence.ca

    John Hassell, Ontario Nature, johnh@ontarionature.org

     

    The post Over 90 groups and prominent individuals offer a new blueprint for expanding Ontario’s Greenbelt  appeared first on Environmental Defence.

    This post was originally published on Environmental Defence.

  • Groups request the federal government conduct environmental assessments for two proposed Ontario highways on environmentally sensitive land

    ENVIRONMENTAL DEFENCE, ECOJUSTICE, RESCUE LAKE SIMCOE COALITION, SIMCOE COUNTY GREENBELT COALITION

    Toronto, Ont. – Today, Environmental Defence, Rescue Lake Simcoe Coalition and Simcoe County Greenbelt Coalition asked the federal government to conduct environment assessments (EAs) for two proposed 400-series Ontario highways in environmentally sensitive areas: Highway 413 (GTA West Highway) and the Holland Marsh Highway (Bradford Bypass). The significant impact on endangered species, migratory birds and aquatic life that will be caused by these highways, along with their associated increase in carbon emissions and the strong local opposition to these projects all meet the conditions for federal EAs.

    Ecojustice is representing the groups in their requests to the federal government.

    Highway 413 is a proposed mega-highway west of Toronto that was cancelled by the previous Ontario government, but revived by the current one. This unneeded highway will cause irreversible environmental damage within federal jurisdiction, including harm to fish habitat, multiple federal species at risk, and dozens of significant wetlands, forests, and important ecosystems. The Province’s proposal to weaken its EA process for this highway would prevent proper study and mitigation measures for these impacts prior to construction, as well as exclude any consideration of the climate change impacts of the project.

    Highway 413 has already met the criteria for public concern to justify a federal EA. Thousands of Ontarians have written to the Province asking them to reconsider this dangerous and unnecessary proposal. This strong public opposition has received significant media coverage. For these reasons and many others, Environmental Defence is calling on the federal government to designate Highway 413 for a federal environmental assessment.

    “Ontario’s slapdash approach to building Highway 413 could mean severe damage to our environment, including wetlands, forests, farmlands, water sources, endangered species, and people’s homes,” said Sarah Buchanan, Ontario Climate Program Manager at Environmental Defence. “It would also put more cars and trucks on the road, at a time when the federal government has pledged to cut carbon emissions from transportation. But without a proper environmental assessment, we won’t know these impacts until it’s too late. If the province won’t protect our environment, the federal government needs to step in now.”

    The Holland Marsh Highway is a proposed fully separated highway located in Simcoe County and York Region near Lake Simcoe. The highway will cross through what is now the Holland Marsh, one of the most productive specialty crop agricultural areas in the country, Greenbelt areas and one of the most important wetlands in Southern Ontario. It is estimated that the development of this project will lead to the removal of approximately 39 hectares of wildlife habitat and large areas of important wetlands. The project would cause significant groundwater contamination and would put Lake Simcoe and the Greenbelt at risk.

    “There aren’t sufficient studies to demonstrate that this new highway would improve traffic conditions and most traffic experts agree that new highways don’t reduce congestion in the long-term. If the Holland Marsh Highway is built, Bradford would become a place people drive through, without stopping. That would impact their downtown, small businesses and community health. We’re putting a lot at risk and spending a lot of money so Bradford can become a drive-through community,” said Margaret Prophet, Executive Director, Simcoe County Greenbelt Coalition.

    In the mid-2000s, the Holland Marsh Highway was shelved as being incompatible with growth planning under the Provincial Places to Grow Act. Twenty-three years later, Premier Ford’s government resurrected the project, proposing to exempt the Holland Marsh Highway from completion of EA updates prior to construction. The province’s approach would not require the Ministry of Transportation to complete proper studies on potentially harmful effects such as noise and groundwater contamination.

    Rescue Lake Simcoe Coalition and Simcoe County Greenbelt Coalition say that the original 1997 EA for the Holland Marsh Highway was irresponsible, failing to consider cumulative effects, climate change, or detail the impacts on natural heritage, migratory birds, fisheries, First Nations cultural heritage and air pollution. The groups are calling on the federal government to request a comprehensive EA to address these and many other impacts to human and environmental health that have been overlooked in the previous EA.

    “Lake Simcoe is stressed by development impacts, salt from the expanding road network, and excess nutrients already. Historically, the Holland Marsh filtered pollutants from the waters that flowed into the lake. It is extremely sensitive, and a wholly inappropriate place to put a highway,” said the Rescue Lake Simcoe Coalition’s Executive Director, Claire Malcolmson.

    “The Ontario government has repeatedly demonstrated disregard for environmental protections in Ontario in favour of development projects. Now they are trying to do it again by pushing through two highway proposals that will lead to significant, irreversible impacts on important habitats, wildlife, and watersheds in the province,” said Laura Bowman, Ecojustice lawyer. “Our clients are urging Minister Wilkinson to stand up for Ontarians and require Highway 413 and the Holland Marsh Highway to undergo federal environmental assessments that look at all the possible impacts these projects will have on the federal aspects of the environment, communities, and the climate, before they can move ahead.”

    The official request for a federal environmental assessment for Highway 413 (GTA West Highway) can be found here.

    The official request for a federal environmental assessment for the Holland Marsh Highway (Bradford Bypass) can be found here.

    About ENVIRONMENTAL DEFENCE (www.environmentaldefence.ca): Environmental Defence is a leading Canadian environmental advocacy organization that works with government, industry and individuals to defend clean water, a safe climate and healthy communities.

    About ECOJUSTICE (www.ecojustice.ca): Ecojustice uses the power of the law to defend nature, combat climate change, and fight for a healthy environment. Its strategic, public interest lawsuits and advocacy lead to precedent-setting court decisions and law and policy that deliver lasting solutions to Canada’s most urgent environmental problems. As Canada’s largest environmental law charity, Ecojustice operates offices in Vancouver, Calgary, Toronto, Ottawa, and Halifax.

    About the RESCUE LAKE SIMCOE COALITION (www.rescuelakesimcoe.ca): The Rescue Lake Simcoe Coalition is a lake-wide member-based organization, representing 26 groups in the Lake Simcoe watershed, that provides leadership and inspires people to take action to protect Lake Simcoe.

    About the SIMCOE COUNTY GREENBELT COALITION (www.simcoecountygreenbeltcoalition.ca): The Simcoe County Greenbelt Coalition is a diverse coalition of 42 organizations from across Simcoe County and the province calling on local and provincial leaders to better protect our water resources, green spaces and farmland through smart growth and sustainable policies including expansion of the Greenbelt into Simcoe County.

    – 30 –

    For more information or to arrange an interview please contact:

    Allen Braude, Environmental Defence, abraude@environmentaldefence.ca

    Venetia Jones, communications specialist, Ecojustice, vjones@ecojustice.ca

    Claire Malcolmson, Executive Director, Rescue Lake Simcoe Coalition, rescuelakesimcoecoalition@gmail.com

    Margaret Prophet, Executive Director, Simcoe County Greenbelt Coalition, margaret@simcoecountygreenbelt.ca

     

    The post Groups request the federal government conduct environmental assessments for two proposed Ontario highways on environmentally sensitive land appeared first on Environmental Defence.

    This post was originally published on Environmental Defence.

  • Targeted groups say Premier Kenney must end the Public Inquiry after missing yet another deadline and drawn out, unconstitutional process

    ENVIRONMENTAL DEFENCE, STAND.earth, WEST COAST ENVIRONMENTAL LAW

    Toronto, Ont. – Commissioner Steve Allan yesterday missed a third deadline to submit a final report from the scandal-ridden Public Inquiry into Anti-Alberta Energy Campaigns. Targeted groups say Premier Kenney must end the Inquiry.

    The Inquiry’s original completion date was July 2020 but was pushed back until October 2020, then again to January 31, 2021. Allan missed all three deadlines, and he must now submit his final report in May 2021. Yesterday’s missed deadline came just days after the Inquiry’s spokesperson denied any delay was being requested from the Alberta government.

    “It’s time Premier Kenney put an end to this baseless and interminable Inquiry,” said Tim Gray, Executive Director of Environmental Defence. “Premier Kenney’s efforts to silence those who fight for climate action are the driving force behind this Inquiry and are reminiscent of the tactics used by authoritarian regimes in less democratic countries.”

    The Inquiry demonstrated its bias on January 13, 2021, when the Inquiry posted a series of reports that deny climate change and promote conspiracy theories. Allan spent $100,000 of taxpayer money commissioning these reports.

    Targeted groups such as Environmental Defence, West Coast Environmental Law, Stand.earth, and others say the Inquiry is biased, undemocratic, unconstitutional and violates fundamental rules of procedural fairness and conflict of interest. The Inquiry:

    • Set up a snitch line
    • Made itself exempt from provincial Freedom of Information laws
    • Terms of Reference and Rules are biased and violate constitutionally-protected Charter protections for Freedom of Expression and Association
    • Is operating outside its authority by requesting information under federal jurisdiction, in violation of the Alberta Inquiry Act
    • Is violating basic rules of procedural fairness by not allowing witnesses, professional independent experts and cross-examination
    • Failed to give groups and individuals misrepresented in the reports it commissioned a chance to respond before they were published
    • Allowed no public hearings or open public testimony

    The Inquiry’s latest postings follow what West Coast Environmental Law has referred to as an “unwarranted, politically motivated fishing expedition” last November when environmental non-profits across the country, many without operations in Alberta, received letters from the Inquiry asking for their “assistance.”

    “Among other things, the Inquiry has taken aim at entirely legal fundraising and charitable activities with little nexus to Alberta,” said Jessica Clogg, Executive Director & Senior Counsel, West Coast Environmental Law. “Commissioner Allan’s letter to our organizations consisted of error-ridden charts repackaging funding information reported to federal oversight agencies in Canada and the U.S. years ago, most of which was for work in B.C. unrelated to Alberta or the oil sands.”

    Premier Kenney launched his province’s Inquiry into “foreign-funded” campaigns that he claimed were unfair to Alberta’s oil industry, even though charitable funding and international transactions are under federal jurisdiction. Federal agencies in Canada or the U.S. have not found any significant contraventions amongst the charities Kenney has targeted, despite over a dozen audits over the last few years.

    “The $3.5 million Premier Kenney spent on the Inquiry so far (and the $10 million a year Canadian Energy Centre -‘War Room’) is money that could be better spent on virtually anything else that people of Alberta need during these difficult times, said Tzeporah Berman, International Program Director at Stand.earth. “For example, continuing to employ the 11,000 health care workers Premier Kenney laid off during the COVID crisis.”

    -30-

    For more information, or to request an interview, please contact:

    Allen Braude, Environmental Defence, abraude@environmentaldefence.ca

    Jessica Clogg, Executive Director & Senior Counsel, West Coast Environmental Law, jclogg@wcel.org

    Tzeporah Berman, International Program Director, Stand.earth, tzeporah@stand.earth

    The post Targeted groups say Premier Kenney must end the Public Inquiry after missing yet another deadline and drawn out, unconstitutional process appeared first on Environmental Defence.

    This post was originally published on Environmental Defence.

  • New report shows links between the Alberta government’s anti-democratic actions and autocratic oil producing countries

    Report shows how Alberta is following the lead of other countries that harass civil society and stifle debate about the oil industry 

    Toronto, Ont. – A new report released today from Environmental Defence shows how the tactics employed by the Alberta government to harass, silence and intimidate critics of the oil industry are similar to those used in autocratic regimes such as Russia, Kuwait, and Saudi Arabia.

    The report, Drawing from Despots: How Alberta is Using Tactics Borrowed From Russia, Kuwait and Others to Try to Silence Opposition to Oil and Gas Expansion, outlines three main tactics employed in Alberta that are common to the “petro-state playbook”:

    1. Label NGOs as foreign agents or enemies of the state – also employed by Russia, Venezuela, Iran and some U.S. states
    2. Deny or revoke the charitable status of groups that speak out – also employed by Kuwait, Saudi Arabia, and Russia
    3. Criminalize protest – also employed in Kuwait, Russia, some states in Australia and numerous U.S. states

    “Premier Kenney claims that Alberta’s oil is better than what is produced in countries like Saudi Arabia and Venezuela, because Canada is a democracy. But, at the same time, the Premier is actually borrowing anti-democratic tactics from these same autocratic regimes in an attempt to stifle dissent and shut down debate. This must stop,” said Tim Gray, Executive Director, Environmental Defence.

    The report shows how the Alberta government’s repeated false claims that opponents of the expansion of the province’s oil and gas industry are working on behalf of foreign interests, is a common tactic used in other countries to dismiss opponents and cast aspersions on their motivations. Russia, for example, also dismisses critics as “foreign agents.” Venezuelan President Nicolas Maduro attempts to delegitimize critics by accusing them of conspiring with foreign governments, and in Iran, environmentalists have been jailed and accused of espionage.

    The Premier’s threats to revoke the charitable status of NGOs is also a common petro-state tactic. Like the inquiry into “UnAlbertan activities,” Russia passed an “Undesirable Organizations Law” that gives the government powers to penalize dissenting organizations. And Saudi Arabia denies operating licenses to new organizations that confront government policy, and disbands any that are deemed to be “harming national unity.”

    Alberta’s recent move to intimidate and criminalize protest against fossil fuels projects is also a petro-state favourite, though this tactic is employed in democratic countries as well. Nine U.S. states have passed laws criminalizing protest in a similar fashion to what has been done in Alberta, and eight others are considering similar legislation. Alberta’s legislation bears a strong resemblance to model legislation drafted by the American Fuel and Petrochemical Manufacturers, a powerful industry lobby group.

    “In launching its ‘war room’ and a wasteful, gaffe-prone, multi-million-dollar public inquiry into alleged anti-Alberta energy campaigns, and in criminalizing protests at or near oil and gas facilities, Alberta is drawing from a well-worn playbook used around the world to attempt to silence dissenting voices that call attention to the damaging effects of the oil and gas industry,” added Tim Gray. “By resorting to propaganda and intimidation, instead of taking a hard look at the future needs of Alberta’s citizens in a world moving towards cleaner energy sources, Premier Kenney and his government are hiding their heads in the sand. It’s time to face the truth about the province’s future, instead of hiding behind a fantasy of the oil industry massively expanding, once a non-existent boogeyman is vanquished.”

    About ENVIRONMENTAL DEFENCE (www.environmentaldefence.ca): Environmental Defence is a leading Canadian environmental advocacy organization that works with government, industry and individuals to defend clean water, a safe climate and healthy communities.

    – 30 –

    For more information or to arrange an interview please contact: Allen Braude, Environmental Defence, abraude@environmentaldefence.ca

    The post New report shows links between the Alberta government’s anti-democratic actions and autocratic oil producing countries appeared first on Environmental Defence.

    This post was originally published on Environmental Defence.

  • Statement from Dale Marshall on President Biden’s “Climate Day” Executive Orders

    Ottawa, Ont. – President Biden’s executive orders on climate change show this was never about one pipeline project or even Canada. It’s about getting the United States off fossil fuels, transitioning to clean energy, and addressing current and historic environmental injustices. The President’s actions confirm that that means taking care of those most affected—communities whose health is compromised by pollution, and fossil fuel workers and their communities—and doing so with fairness and justice. Canada needs to take lessons.

    About ENVIRONMENTAL DEFENCE (www.environmentaldefence.ca): Environmental Defence is a leading Canadian environmental advocacy organization that works with government, industry and individuals to defend clean water, a safe climate and healthy communities

    -30-

    For more information or to arrange an interview, please contact:

    Barbara Hayes, Environmental Defence, bhayes@environmentaldefence.ca

    The post Statement from Dale Marshall on President Biden’s “Climate Day” Executive Orders appeared first on Environmental Defence.

    This post was originally published on Environmental Defence.

  • Loblaw commits to stop using toxic BPA & BPS receipts from across all stores in Canada by end of 2021

    ENVIRONMENTAL DEFENCE, BREAST CANCER ACTION QUEBEC, UNITED FOOD AND COMMERCIAL WORKERS (UFCW), AND THE MIND THE STORE CAMPAIGN

    Labour, women’s health and environmental groups congratulate Canada’s leading grocery giant for taking this important step to protect its workers and public health from toxics on receipts

    Toronto, Ont. – In response to calls from environmental advocacy and labour groups, Loblaw Companies Limited, Canada’s biggest grocery retail and drugstore company, made a public commitment in its 2020 Corporate Social Responsibility report to phase out receipt paper containing hazardous BPA, BPS and other bisphenol alternatives from its stores by the end of 2021. This phase out will apply to all of Loblaw’s subsidiaries including Shoppers Drug Mart, No Frills and T&T. 

    “We commend Loblaw for making this important sustainability commitment and for taking the steps necessary to protect its workers and customers from harmful chemicals,” said Muhannad Malas, Toxics Program Manager at Environmental Defence. “Grocery store cashiers who are exposed to high levels of hormone-disrupting BPA and BPS from handling receipts deserve to be protected, especially after putting their health at risk during the COVID-19 pandemic to ensure that we can all safely shop for food and household needs.”

    In February 2019, Environmental Defence released alarming research findings that showed cashiers may be exposed to BPA and BPS at levels many times greater than the average person due to the presence of these harmful chemicals on receipt paper. Consequently, Environmental Defence, United Food and Commercial Workers Canada (UFCW), Breast Cancer Action Quebec and the Mind the Store Campaign launched a call-to-action urging Canada’s top retail giants to stop using bisphenol-coated receipt paper.

    “UFCW Canada welcomes this announcement and commends Loblaw for showing leadership on this issue and setting an example for other retailers to follow,” said Paul Meinema, UFCW Canada National President. “Doing everything possible to better protect UFCW Canada members and all workers from environmental risks – like BPA and BPS – must be the top priority for industry, government, and all stakeholders. The COVID-19 pandemic has further highlighted the critical contributions that the union’s retail members make to the day-to-day needs of Canadians, and the need to ensure that every measure is being taken to keep frontline workers healthy and safe. It also shows the benefit of labour, advocates, and industry working together on sector challenges.”

    In January 2020, Costco Canada became the first Canadian-based grocery retailer to phase out bisphenol-coated receipt paper in response to hundreds of petitions sent to the company by concerned customers and citizens. Environmental Defence commissioned lab testing last summer that verified that Costco had indeed switched to bisphenol-free receipts. The lab testing found that Loblaw, Metro, Sobeys and Walmart continued to use receipts containing BPS, a chemical similar in structure to BPA and with potential adverse effects.

    “Loblaw’s commitment to phase out all phenols in their thermal paper used for receipts by the end of 2021 is excellent news for women’s health, and we applaud the company for this initiative,” said Jennifer Beeman, Executive Director of Breast Cancer Action Quebec. “Bisphenols used in thermal paper are known endocrine disruptors and can be a significant source of exposure for women, many of whom keep their receipts, as well as the women, particularly teens and young women, working as cashiers. There is no doubt that bisphenol exposures can disrupt normal breast development and health, as well as many other health problems. We hope this is only the beginning of responsible companies acting, where the federal government has not, to protect Canadians’ health.”

    Loblaw’s commitment comes a few months in advance of the release of the fifth annual Who’s Minding the Store Retailer Report Card, which benchmarks retail companies on their safer chemical policies and actions to eliminate toxic chemicals, such as eliminating bisphenol-coated receipts. 

    “Loblaw’s actions are the latest example of a growing trend among top North American retailers,” said Mike Schade, Mind the Store Campaign Director. “We applaud the company for taking this important step and hope the company will continue to take action to reduce its chemical footprint. Sobeys, Metro, and other Canadian retailers should step up and join Loblaw in banning toxic chemicals in their receipts.”   

    – 30 –

    For more information or to request an interview, please contact:

    Sarah Jamal, Environmental Defence, sjamal@environmentaldefence.ca, 905-921-7786

    The post Loblaw commits to stop using toxic BPA & BPS receipts from across all stores in Canada by end of 2021 appeared first on Environmental Defence.

    This post was originally published on Environmental Defence.

  • All parties involved in VW emissions-cheating must be investigated

    Environmental groups back in court to argue for transparent investigation of environmental crimes

    Toronto, Ont. – Environmental groups are at the Federal Court of Appeal today to make sure the Minister of Environment and Climate Change carries out a complete, thorough and transparent investigation of any Volkswagen agents and subsidiaries who have played a role in the Dieselgate emissions scandal. 

    Ecojustice, on behalf of Environmental Defence staff, has requested that all parties involved in the Volkswagen emissions-cheating scandal be properly investigated for their actions. Under the Canadian Environmental Protection Act (CEPA), Canadians have the right to demand an investigation into those who have been involved in criminal pollution. 

    In January 2020, VW AG, the auto manufacturer’s parent company, was fined $196.5 million by the federal government. However, the Minister of Environment and Climate Change has given no explanation as to why VW’s agents and subsidiaries have not been charged or if they were even investigated. 

    The import and sale of VW’s emissions-cheating cars put the health of Canadians at risk. Studies suggest that excess emissions from cheating diesel vehicles increased harmful pollutants in the air, which may have contributed to higher rates of asthma and low birth weight.  

    Randy Christensen, Ecojustice lawyer said:

    “Canadians have the right to demand an investigation into companies who break the law and put the health of Canadians at risk. This is a right that is guaranteed to us by the Canadian Environmental Protection Act 

    “So far, the Minister of Environment and Climate Change has not provided a satisfactory answer as to why they are not pursuing an investigation into VW Canada, its subsidiaries and agents. 

    “All parties involved in the emission-cheating scandal must be properly investigated and held to account for their role in these environmental crimes.”

    Muhannad Malas, Environmental Defence Toxics Program Manager said: 

    “The Volkswagen emissions scandal is among the worst environmental crimes ever committed in Canada, yet the government’s investigation and prosecution process raise questions about why the government minimized the charges it laid and refused to be transparent about the scope of its investigation. We are in court today to demand answers and appropriate action.”
     

    About ECOJUSTICE (www,ecojustice.ca): Ecojustice uses the power of the law to defend nature, combat climate change, and fight for a healthy environment. Its strategic, public interest lawsuits and advocacy lead to precedent-setting court decisions and law and policy that deliver lasting solutions to Canada’s most urgent environmental problems. As Canada’s largest environmental law charity, Ecojustice operates offices in Vancouver, Calgary, Toronto, Ottawa, and Halifax.

    About ENVIRONMENTAL DEFENCE (www.environmentaldefence.ca): Environmental Defence is a leading Canadian environmental advocacy organization that works with government, industry and individuals to defend clean water, a safe climate and healthy communities

    For media inquiries:

    Sarah Jamal sjamal@environmentaldefence.ca, 905-921-7786

    Sean O’Shea, soshea@ecojustice.ca, 1-800-926-7744 ext. 277

    The post All parties involved in VW emissions-cheating must be investigated appeared first on Environmental Defence.

    This post was originally published on Environmental Defence.

  • Statement from Dale Marshall on President Biden cancelling the Keystone XL pipeline

    Ottawa, Ont. – President Joe Biden’s first move in office sends a clear signal that Canada needs to get serious about phasing out fossil fuels, ramping up action on climate change, and implementing a transition plan for workers and communities. Cancelling the Keystone XL pipeline once and for all is a clear indication that climate action is a priority for the White House. This should not come as a surprise to anyone.

    Along with rejoining the Paris Agreement, President Biden is expected to undertake a number of climate initiatives. That includes more ambitious fuel efficiency standards for vehicles, stronger methane rules for oil and gas operations, and massive spending to undertake a green recovery that prioritizes social and environmental justice.

    We should take heed when the biggest customer for Canada’s oil kills a pipeline that is already under construction. The Keystone XL pipeline never made sense for either the U.S. or Canada. The Canada Energy Regulator’s latest report clearly showed that no new export pipelines were needed if our governments took action on climate change. Instead of backing oil pipelines, the Canadian and Alberta governments should instead phase out all fossil fuels over the next 20 years and develop a plan to assist workers and communities in that transition.

    Recent research commissioned by Environmental Defence shows why that planned transition is both needed and manageable.

    About ENVIRONMENTAL DEFENCE (www.environmentaldefence.ca): Environmental Defence is a leading Canadian environmental advocacy organization that works with government, industry and individuals to defend clean water, a safe climate and healthy communities

    -30-

    For more information or to arrange an interview, please contact:

    Barbara Hayes, Environmental Defence, bhayes@environmentaldefence.ca

    The post Statement from Dale Marshall on President Biden cancelling the Keystone XL pipeline appeared first on Environmental Defence.

    This post was originally published on Environmental Defence.

  • Statement from the Innocence Project and Pervis Payne’s Legal Team on DNA Testing Results

    Today, the Innocence Project submitted results of DNA testing to the Shelby County Criminal Court in Pervis Payne’s case pursuant to the Court’s September 16, 2020 order for testing. Governor Lee has given Mr. Payne a reprieve of execution due to the COVID-19 pandemic until April 9, 2021 and his petition for clemency is currently pending. Mr. Payne is a person with an intellectual disability who has consistently asserted his innocence from the beginning. 

    Statement from the Innocence Project and Pervis Payne’s Legal Team on Today’s DNA Testing Results

    “The DNA testing results are consistent with Pervis Payne’s long-standing claim of innocence. Male DNA from an unknown third party was found on key evidence including the murder weapon, but unfortunately, is too degraded to identify an alternate suspect via the FBI’s database. We continue to find it frustrating and disturbing that the State still has no explanation for how key pieces of DNA evidence that could conclusively prove who committed this crime — including the victim’s fingernail clippings — have gone missing. Today’s results make crystal clear that it would be a gross miscarriage of justice for Tennessee to execute Pervis Payne.”

    — Vanessa Potkin, Director of Post-Conviction Litigation, Innocence Project
    — Kelley Henry, Supervisory Assistant Federal Public Defender, Middle District of Tennessee, Capital Habeas Unit

    Background on Pervis Payne’s Innocence Case: Missing Pieces of Critical DNA Evidence Cast More Doubt on Conviction

    Pervis Payne, a Black man who lives with an intellectual disability, has steadfastly maintained his innocence throughout his 33 years on Tennessee’s death row.

    Mr. Payne was just 20 when he was convicted of murdering a white woman and her child in Shelby County, Tennessee — a county with a long history of entrenched racial discrimination and violence. In fact, nearly half of Tennessee’s death row cases were tried there. A sloppy and deeply flawed investigation of the crime; the prosecution’s unconstitutional failure to disclose exculpatory evidence and blatant reliance on racial stereotyping at trial; and the recent disappearance of crucial DNA evidence — including the victim’s fingernail clippings — collectively cast significant doubts on his conviction.

    On September 16, 2020, the Innocence Project obtained a court order to test the remaining physical evidence from the crime scene.

    Today, DNA testing results were filed with the Court. The results are consistent with Mr. Payne’s testimony at trial — testimony which has been unwavering — and his claim of innocence.

    Mr. Payne’s DNA was found only on items with which he came into contact after hearing cries of distress and entering the apartment of his girlfriend’s neighbor — one of the victims — to offer help. The lab found DNA from an unknown male on the handle of the knife used to stab the victims as well as a pair of glasses found next to the victim’s body. Those samples are insufficient to identify an alternate suspect via the FBI’s Combined DNA Index System (CODIS) database match.

    In recent troubling developments, the State is currently unable to find any of the evidence most likely to contain sufficient perpetrator DNA — including the victim fingernail scrapings. The existence of this critical evidence had been confirmed in writing by the district attorney in late July 2020. Yet, mere months later, at the September hearing on DNA testing, prosecutors declared this evidence missing, and offered no further explanation.

    This missing evidence, especially in tandem with poor documentation of the crime scene and concerns that racial bias may have tainted the investigation, underscores the already significant reasons to believe Mr. Payne’s innocence and halt his execution.

    In addition, nothing in his personal history or upbringing suggests that he was capable of committing this crime. Mr. Payne had no prior contact with the legal system, nor had he ever faced any disciplinary issues or used drugs. And despite the fact that the prosecution asserted that the attack was the result of a cocaine-fueled rage, Mr. Payne was never tested for the substance. Police also failed to seriously pursue any other suspects, including the victim’s ex-husband with whom she reportedly had a volatile relationship. Given, among other deficiencies, today’s DNA testing results, the missing key evidence, and the prosecution’s failure to substantiate motive at trial, there can be no confidence in Mr. Payne’s conviction.

    Lastly, the United State Supreme Court has long recognized that defendants who live with an intellectual disability are at a special risk for wrongful execution and has ruled that it is unconstitutional to apply the death penalty in these cases. Mr. Payne’s intellectual disability, independent of his consistent and steadfast claims of innocence, is a separate and compelling reason to spare his life.

    The Innocence Project joins over 150 Tennessee faith, legal, legislative, and civil rights groups who are urging Governor Lee to commute Mr. Payne’s unconstitutional sentence.

    The post Statement from the Innocence Project and Pervis Payne’s Legal Team on DNA Testing Results appeared first on Innocence Project.

    This post was originally published on Radio Free.

  • Statement from the Innocence Project and Pervis Payne’s Legal Team on DNA Testing Results

    Today, the Innocence Project submitted results of DNA testing to the Shelby County Criminal Court in Pervis Payne’s case pursuant to the Court’s September 16, 2020 order for testing. Governor Lee has given Mr. Payne a reprieve of execution due to the COVID-19 pandemic until April 9, 2021 and his petition for clemency is currently pending. Mr. Payne is a person with an intellectual disability who has consistently asserted his innocence from the beginning. 

    Statement from the Innocence Project and Pervis Payne’s Legal Team on Today’s DNA Testing Results

    “The DNA testing results are consistent with Pervis Payne’s long-standing claim of innocence. Male DNA from an unknown third party was found on key evidence including the murder weapon, but unfortunately, is too degraded to identify an alternate suspect via the FBI’s database. We continue to find it frustrating and disturbing that the State still has no explanation for how key pieces of DNA evidence that could conclusively prove who committed this crime — including the victim’s fingernail clippings — have gone missing. Today’s results make crystal clear that it would be a gross miscarriage of justice for Tennessee to execute Pervis Payne.”

    — Vanessa Potkin, Director of Post-Conviction Litigation, Innocence Project
    — Kelley Henry, Supervisory Assistant Federal Public Defender, Middle District of Tennessee, Capital Habeas Unit

    Background on Pervis Payne’s Innocence Case: Missing Pieces of Critical DNA Evidence Cast More Doubt on Conviction

    Pervis Payne, a Black man who lives with an intellectual disability, has steadfastly maintained his innocence throughout his 33 years on Tennessee’s death row.

    Mr. Payne was just 20 when he was convicted of murdering a white woman and her child in Shelby County, Tennessee — a county with a long history of entrenched racial discrimination and violence. In fact, nearly half of Tennessee’s death row cases were tried there. A sloppy and deeply flawed investigation of the crime; the prosecution’s unconstitutional failure to disclose exculpatory evidence and blatant reliance on racial stereotyping at trial; and the recent disappearance of crucial DNA evidence — including the victim’s fingernail clippings — collectively cast significant doubts on his conviction.

    On September 16, 2020, the Innocence Project obtained a court order to test the remaining physical evidence from the crime scene.

    Today, DNA testing results were filed with the Court. The results are consistent with Mr. Payne’s testimony at trial — testimony which has been unwavering — and his claim of innocence.

    Mr. Payne’s DNA was found only on items with which he came into contact after hearing cries of distress and entering the apartment of his girlfriend’s neighbor — one of the victims — to offer help. The lab found DNA from an unknown male on the handle of the knife used to stab the victims as well as a pair of glasses found next to the victim’s body. Those samples are insufficient to identify an alternate suspect via the FBI’s Combined DNA Index System (CODIS) database match.

    In recent troubling developments, the State is currently unable to find any of the evidence most likely to contain sufficient perpetrator DNA — including the victim fingernail scrapings. The existence of this critical evidence had been confirmed in writing by the district attorney in late July 2020. Yet, mere months later, at the September hearing on DNA testing, prosecutors declared this evidence missing, and offered no further explanation.

    This missing evidence, especially in tandem with poor documentation of the crime scene and concerns that racial bias may have tainted the investigation, underscores the already significant reasons to believe Mr. Payne’s innocence and halt his execution.

    In addition, nothing in his personal history or upbringing suggests that he was capable of committing this crime. Mr. Payne had no prior contact with the legal system, nor had he ever faced any disciplinary issues or used drugs. And despite the fact that the prosecution asserted that the attack was the result of a cocaine-fueled rage, Mr. Payne was never tested for the substance. Police also failed to seriously pursue any other suspects, including the victim’s ex-husband with whom she reportedly had a volatile relationship. Given, among other deficiencies, today’s DNA testing results, the missing key evidence, and the prosecution’s failure to substantiate motive at trial, there can be no confidence in Mr. Payne’s conviction.

    Lastly, the United State Supreme Court has long recognized that defendants who live with an intellectual disability are at a special risk for wrongful execution and has ruled that it is unconstitutional to apply the death penalty in these cases. Mr. Payne’s intellectual disability, independent of his consistent and steadfast claims of innocence, is a separate and compelling reason to spare his life.

    The Innocence Project joins over 150 Tennessee faith, legal, legislative, and civil rights groups who are urging Governor Lee to commute Mr. Payne’s unconstitutional sentence.

    The post Statement from the Innocence Project and Pervis Payne’s Legal Team on DNA Testing Results appeared first on Innocence Project.

    This post was originally published on Innocence Project.

  • New Research: Smart transition plan for workers can prevent unemployment as fossil fuel economy sunsets

    Study finds that for every job lost in the fossil fuel sector, 42 jobs have been created by other industries

    Ottawa, Ont. – New research released today demonstrates that with prudent long-term planning, Canada’s transition to a low-carbon economy can be managed without causing unemployment for fossil fuel workers. “Employment Transitions and the Phase-Out of Fossil Fuels,” a report from the Centre for Future Work and commissioned by Environmental Defence, finds that a 20-year phase-out of fossil fuels implies an annual reduction of fossil fuel employment of around 8,500 jobs annually – the number of jobs typically created by the Canadian economy every ten days.

    With a clear timetable for phase-out, combined with generous supports for retirement, redeployment, and regional diversification, that gradual transition could occur without any involuntary lay-offs.

    “It is undeniable that the world is transitioning away from fossil fuels, much faster than expected even a few years ago,” said the study’s author, economist Dr. Jim Stanford. “Fossil fuel jobs are going to disappear in Canada, whether we want it or not. Our choice is to manage that transition, avoiding severe hardship for individuals and communities, or else wait until far more painful and chaotic changes are forced upon us.”

    The report shows that the relative importance of fossil fuel work has already been declining since 2014 at a pace consistent with its complete phase-out over two decades, yet Canada’s labour market (until the COVID pandemic) remained strong. The pandemic caused the loss of another 17,500 fossil fuel positions to September. Several Canadian oil companies, including Enbridge, Husky/Cenovus, and Suncor, have announced permanent layoffs, suggesting that fossil fuel employment is unlikely to rebound after the pandemic.

    “Historical and international experience confirms that fossil fuel jobs can be phased out over time, while still maintaining vibrant job markets and secure livelihoods for workers,” Stanford said. By examining previous labour market transitions in Canada, as well as low-carbon transitions abroad, the report proposes ten principles to guide effective and fair transitions for workers and communities during the coming phase-out of fossil fuels. These principles include: support for increased labour mobility; incentives for early retirement; income protections for affected workers; skills training; and stronger representation for workers in negotiating transition plans.

    “Canadians want action on climate change, but we also don’t want to send our neighbours who work in the fossil fuel sector into freefall,” added Dale Marshall, National Climate Program Manager at Environmental Defence. “Yet the last decade has made it clear that that’s what will likely happen if we
    let the oil companies manage the energy transition themselves – they will simply cut jobs, leaving behind unpaid taxes and a huge mess. As a country, we can do better for both the climate and oil patch communities, instead of leaving our future to the good will of oil executives.”

    Other key findings of the report include:
    • There is no correlation between fossil fuel employment and overall labour market performance. In fact, as the share of fossil fuel jobs in total employment fell quickly over the past five years, Canada achieved record-low unemployment rates (pre-pandemic).
    • For every job that disappeared in fossil fuel industries since 2014, 42 jobs were created in other industries.
    • Fossil fuel industries create fewer jobs per unit of output than any other sector: just a single job per $1 million in industry GDP, compared to 8.6 jobs per $1 million across the economy.
    • Of the 152 census-identified communities across Canada, just 18 rely on fossil fuel industries for five per cent or more of total employment. These communities should be provided with targeted, concrete programs to support diversification and alternative job-creation.
    • Most fossil fuel jobs (56%) are located in cities (including head office, technical, manufacturing, and distribution roles). Transitions will be easier in cities because of these workers’ more transferable skills and the greater availability of alternative job opportunities.

    “This research makes it clear that governments’ hesitancy to move on fossil fuel phase out isn’t justified by economic factors,” added Marshall. “It’s not fair to workers in the oil and gas sector to keep propping up an industry that must inevitably decline, and is already cutting jobs and eroding working conditions. Governments must start implementing this transition now.”

    About ENVIRONMENTAL DEFENCE (www.environmentaldefence.ca): Environmental Defence is a leading Canadian environmental advocacy organization that works with government, industry and individuals to defend clean water, a safe climate and healthy communities.

    About CENTRE FOR FUTURE WORK (www.centreforfuturework.ca): The Centre for Future Work is a labour economics research institute with offices in Vancouver and Australia.

    To read the full report, “Employment Transitions and the Phase-Out of Fossil Fuels,” by Dr. Jim Stanford, please visit: https://centreforfuturework.ca/2021/01/18/employment-transitions-and-the-phase-out-of-fossil-fuels/

    A summary of the report, “Steady Path: How the Transition to a Fossil Free Canada is in Reach for Workers and Their Communities” by Environmental Defence in English and French, can be accessed at: environmentaldefence.ca/steadypath

    -30-
    For more information or to arrange an interview, please contact:
    Barbara Hayes, Environmental Defence, bhayes@environmentaldefence.ca

    The post New Research: Smart transition plan for workers can prevent unemployment as fossil fuel economy sunsets appeared first on Environmental Defence.

    This post was originally published on Environmental Defence.

  • McDonald’s announces global ban of toxic PFAS chemicals in food packaging

    ENVIRONMENTAL DEFENCE, THE MIND THE STORE CAMPAIGN AND TOXIC-FREE FUTURE

    Groups call on Burger King of Toronto-based Restaurants Brands International to follow suit

    Toronto, Ont. — International fast-food giant McDonald’s announced a new global sustainable packaging commitment, banning the class of toxic chemicals per- and polyfluoroalkyl substances (PFAS) from food packaging materials by 2025. The company also disclosed it has already eliminated BPA, BPS, and phthalates in its packaging.

    “We are pleased to see McDonald’s act on the PFAS threat and take steps to eliminate these toxic chemicals from their packaging, however, they need to get the phaseout done much sooner,” said Muhannad Malas, Toxics Program Manager at Environmental Defence. “PFAS disproportionately harms Inuit communities in Canada’s Arctic who, according to scientific research, are exposed to higher levels of PFAS than the average Canadian from pollution originating in places like Toronto and Vancouver.

    McDonald’s announcement comes less than six months after a study by the Mind the Store Campaign and Toxic Free Future co-released with Environmental Defence where laboratory testing suggested grease-proofing PFAS chemicals in the container of its iconic “Big Mac” and other popular items. The groups launched a call-to-action in the U.S. and Canada urging the restaurant chain to stop using packaging treated with PFAS.

    “Because McDonald’s is the largest fast-food chain in the world, this action will help drive PFAS out of food packaging,” said Mike Schade, Director of the Mind the Store Campaign. “Over the last year, tens of thousands of McDonald’s customers have raised their voices calling on the company to act on this. We appreciate McDonald’s taking this important action and heeding our call. However, four years is far too long for their customers and frontline communities to continue to be polluted by these unnecessary forever chemicals. We urge McDonald’s to phase these chemicals out by 2022 and ensure substitutes are safe and reusable. Other major fast-food chains like Burger King and Wendy’s should join them in driving PFAS out of food packaging.”

    Scientists have found links between exposures to PFAS and weakening of the immune system and a wide range of health problems. A consortium of scientists recently published a new scientific statement emphasizing the dangerous health impacts of PFAS and other toxic chemicals in food packaging, noting how easily these chemicals migrate out of packaging and into our bodies and the environment.

    “The science indicates that exposure to PFAS can damage our immune response, raise cholesterol, and cause other health problems,” said Erika Schreder, Science Director at Toxic-Free Future. “These toxic chemicals last forever in the environment and contaminate drinking water. Especially now, as we fight a pandemic, we need to minimize exposures to toxic chemicals like PFAS that can make us more vulnerable to COVID-19 and its complications.”

    The 2020 study, Packaged in Pollution: Are food chains using PFAS in packaging?, also analyzed packaging from five other food chains, including Burger King, where testing suggested some of its packaging was found to contain PFAS. Environmental Defence, the Mind the Store Campaign, and partner groups are calling on the Toronto-based Restaurant Brands International, Burger King’s parent company, to follow the lead of Chipotle, Freshii, and now McDonald’s by committing to remove PFAS from its packaging globally.

    While some American state and local governments such as Washington, Maine, New York, and San Francisco are moving to phase out the class of PFAS from food packaging in favour of safer alternatives, no government in Canada has proposed to ban these toxic chemicals. Specifically, Canada’s federal government has taken no steps to ban or regulate PFAS as a class, but has promised to introduce a bill to reform the country’s toxics legislation, the Canadian Environmental Protection Act (CEPA) in the coming months. We hope to see strong amendments in the bill that would address the threat of PFAS and other chemicals of high concern and protect vulnerable populations.

    – 30 –

    For more information or to request an interview, please contact:

    Sarah Jamal, Environmental Defence, sjamal@environmentaldefence.ca, 905-921-7786

    About ENVIRONMENTAL DEFENCE (www.environmentaldefence.ca): Environmental Defence is a leading Canadian environmental advocacy organization that works with government, industry and individuals to defend clean water, a safe climate and healthy communities

    About the MIND THE STORE CAMPAIGN (www.mindthestore.org and www.retailerreportcard.org): The national Mind the Store campaign challenges big retailers to eliminate toxic chemicals and replace them with safer alternatives. The campaign publishes the annual retailer report card that benchmarks and scores major retailers on their safer chemicals policies and implementation programs. The fifth annual report will be released in the first quarter of 2021.

    About TOXIC-FREE FUTURE (www.toxicfreefuture.org): Toxic-Free Future advocates for the use of safer products, chemicals, and practices through advanced research, grassroots organizing, and consumer engagement to ensure a healthier tomorrow.

    The post McDonald’s announces global ban of toxic PFAS chemicals in food packaging appeared first on Environmental Defence.

    This post was originally published on Environmental Defence.

  • Eddie Lee Howard Is Exonerated After 26 Years on Mississippi Death Row

    (Columbus, MS) Eddie Lee Howard was exonerated on Friday, January 8, 2021, marking the end of his 26-year fight for innocence. Mr. Howard, a Black man, was sentenced to death in 1994 after being wrongfully convicted of murdering an elderly white woman in Columbus, Mississippi, based almost entirely on now discredited bite mark evidence. New forensic opinion regarding bite marks and powerful alibi witnesses, along with DNA testing of crime scene evidence, including blood and DNA from the murder weapon, excluded Mr. Howard, proving his innocence. He was released from Mississippi’s death row in early December 2020 ahead of today’s ruling.

    In a landmark decision on August 31, the Mississippi Supreme Court vacated Mr. Howard’s conviction and death sentence, recognizing that his case rested on the debunked technique of bite mark comparison. As the Court noted, an “individual perpetrator cannot be reliably identified through bite mark comparison,” yet bite mark comparison was “the State’s most important evidence at Howard’s trial.” From the time he took office, District Attorney Scott Colom paid close attention to Mr. Howard’s case and the issues raised around forensic science and the fairness of the system. He then studied the recent Supreme Court decision and thoroughly reviewed and reinvestigated the evidence. His decision not to retry this case is the correct one and finally ends Mr. Howard’s wrongful conviction nightmare.

    “I want to say many thanks to the many people who are responsible for helping to make my dream of freedom a reality,” said Mr. Howard. “I thank you with all my heart, because without your hard work on my behalf, I would still be confined in that terrible place called the Mississippi Department of Corrections, on death row, waiting to be executed.”

    The Role of Unreliable Forensic Evidence

    “The Mississippi Supreme Court has taken a powerful stance in rejecting junk science as the basis on which to put a man to death,” said M. Chris Fabricant, one of Mr. Howard’s Innocence Project attorneys. “We are thankful that the Court has identified this breakdown in Mr. Howard’s case, ruling that debunked science has no place in our justice system.”

    Mr. Howard’s case is a stark example of how unreliable forensic evidence can lead to wrongful conviction. To date, Mr. Howard is one of four Mississippians whose murder conviction has been overturned while serving time on death row as a result of the same discredited and unscientific forensic methods. These cases are, by no means, isolated. Mr. Howard’s case marks the 28th exoneration in the United States based on bite mark comparison.  The Innocence Project, moreover, is currently working on two additional post-conviction death penalty convictions, both of which rely heavily on the use of bite mark evidence and are therefore inherently unreliable.

    “Mr. Howard was sentenced to death based on unfounded forensics with no physical evidence or witnesses to the crime,” said Vanessa Potkin, another of Mr. Howard’s Innocence Project attorneys. “Like Mr. Howard, 21 other men and women on death row across the country have had their innocence proven by DNA, including Kennedy Brewer. Mr. Brewer, who is also a Black man, spent 15 years on Mississippi’s death row based on false bite mark evidence. We know there are more innocent people currently on death row pleading for post-conviction relief. The death penalty is the most extreme and irreversible form of punishment. Mr. Howard’s case is a prime example of why we cannot afford to use it when human error is still so prevalent in the criminal justice system.”

    Other Systemic Flaws

    Mr. Howard’s wrongful conviction involves a host of other troublingly common factors — including a failed police investigation and racial bias.

    From the beginning of the case, the Lowndes County police lacked any credible suspects and arrested Mr. Howard without any documented, reasonable suspicion. Mr. Howard had several alibi witnesses at the time of the crime, but at trial, the State used “expert” arson testimony to narrow the timeframe in which the murder could have taken place, undermining Mr. Howard’s alibi evidence. A representative from the Columbus Fire Department testified that the two fires set in the victim’s house had “smoldered” for four to six hours before the fire department responded. However, based on recent analysis of the available records and trial testimony, John Lentini, one of the country’s top arson investigators, concluded that this testimony — specifically the burn time — had “no basis in known data, research or science.” He further explained, “There is no way that any competent fire expert would opine that the fires burned for longer than an hour.” The victim was likely killed within an hour of the fire’s discovery, when Mr. Howard was at his sister’s house with multiple witnesses, each of whom gave consistent versions of Mr. Howard’s whereabouts in the hours before and after the crime.

    Of the 375 DNA exonerations recorded in the United States since 1989, 225 are Black. Decades of robust data analysis establish that the race of a victim profoundly influences the likelihood of the accused being charged with capital murder and receiving the death penalty. For example, according to the 2017 National Registry of Exonerations report, Race and Wrongful Conviction in the United States, Black defendants are more likely to be wrongfully convicted of murder when the victim(s) are white. Only about 15 percent of murders committed by Black individuals have white victims, but 31 percent of wrongfully convicted Black murder exonerees were convicted of killing white people.  As the Death Penalty Information Center reported last year, in Enduring Injustice: The Persistence of Racial Discrimination in the U.S. Death Penalty, national homicide and execution data between 1976 and 2014 indicate that defendants convicted of killing white people are over four times more likely to be executed than those convicted of killing Blacks. The fact that Mr. Howard was wrongfully convicted and sentenced to death for the murder of a white woman highlights the deep racial disparities in the administration of justice and use of the death penalty in the United States.

    Justice After 26 Years 

    Mr. Howard walks free today, 26 years after he was first wrongly incarcerated on death row at Parchman Farm — a former slave plantation turned prison, and one of the most dangerous and brutal facilities in the United States.

    “This is such a bitter sweet victory,” said Tucker Carrington of the Mississippi Innocence Project. “We’re thrilled that Mr. Howard will finally have his freedom and some semblance of justice but he has lost nearly three decades of his life facing execution because the system failed. His case reminds us that there is still much work to be done to support Mr. Howard and others like him who have lost precious years of their lives to wrongful convictions.”

    Mr. Howard is represented by Tucker Carrington of the Mississippi Innocence Project, and M. Chris Fabricant, Vanessa Potkin, Peter Neufeld and Dana Delger, all of the Innocence Project, which is affiliated with the Benjamin N. Cardozo School of Law at Yeshiva University.

    The post Eddie Lee Howard Is Exonerated After 26 Years on Mississippi Death Row appeared first on Innocence Project.

    This post was originally published on Innocence Project.

  • Termaine Hicks Shot in the Back by Philadelphia Police is Exonerated after 19 Year Cover Up

    (Philadelphia, PA— December 17, 2020) Termaine Hicks walked out of Pennsylvania prison SCI Phoenix  yesterday. He was exonerated after the Philadelphia District Attorney’s Office conceded that lead police officers lied under oath to cover up shooting Mr. Hicks—who was innocent of any crime—in the back three times.

    In the early morning hours of November 27, 2001, Mr. Hicks heard the screams of a woman being raped in an alley in South Philadelphia and went to her aid. Police arriving at the scene completely misread the situation, erroneously assuming Mr. Hicks was the assailant, and shot him three times in the back. Realizing Mr. Hicks did not match the description of the attacker provided by a neighbor to 911 and that he was unarmed, the officers embarked on a cover-up, which included: 

    • Falsely claiming under oath that Mr. Hicks pulled a gun from his pocket, pointed it and lunged at officers before they shot him. Recent forensic examinations by the chief medical examiner for the City of Philadelphia and an independent medical examiner conclusively prove that the officer shot Mr. Hicks three times in the back — with one bullet entering near his spine, one in his buttock, and one in the back of his right arm.  
    • Falsely claiming under oath that they recovered a gun from Mr. Hicks’ right jacket pocket, which they asserted he placed back in his pocket after he was shot. In fact, the gun was registered as the off-duty weapon of another uniformed Philadelphia police officer. When recovered, the firearm was covered in blood belonging to the victim, who was bleeding profusely when the police arrived at the scene. Yet, forensic examiners found no blood inside of Mr. Hicks’ jacket pocket.     
    • Falsely claiming under oath that Mr. Hicks wore a gray hoodie like that a neighbor described the assailant as wearing. A neighbor who witnessed the woman being dragged by the assailant from the sidewalk to the alley and called police in real-time, reported that the attacker was wearing a gray hoodie covering his head. Mr. Hicks was transported to the hospital in all of his clothing which was preserved and included only a coat, a striped polo shirt, and white t-shirt — but no hoodie. The police froze the crime scene and catalogued whatever was there. Again, no gray hoodie was found. 
    • The day of the incident, detectives viewed surveillance footage which confirmed the assailant was wearing a hooded sweatshirt, which should have excluded Mr. Hicks as a suspect. However, police did not disclose the surveillance footage until after the trial.  

    Based on the officers’ testimony, Mr. Hicks was convicted of rape, aggravated assault, possessing an instrument of crime, and terroristic threats. He was sentenced to 12 and ½ to 25 years in prison. In 2015, Mr. Hicks came up for parole, but because he continued to assert his innocence he was denied, and not considered again. He served 19 years in prison.    

    “Mr. Hicks’ case is yet another example of  the pervasive problem of police perjury in the criminal legal system. The cover up of shooting an innocent man required the false testimony of three officers and the acquiescence of a dozen more. Deep-seated police misconduct and institutional protections are too often the source of wrongful convictions and injustice in the system. For far too long the police have willfully lied with impunity; we need accountability,” said Vanessa Potkin, director of post-conviction litigation at the Innocence Project, who represented Mr. Hicks.  

    The Innocence Project, which is affiliated with the Benjamin N. Cardozo School of Law, took on Mr. Hicks’ case in 2011. Exculpatory post-conviction evidence was shared with the Philadelphia Conviction Integrity Unit (CIU), which, under District Attorney Larry Krasner and Patricia Cummings, moved to vacate Mr. Hicks’ conviction yesterday based on the officers’ false trial testimony.  

    In addition to the Innocence Project, Mr. Hicks is represented by local counsel Susan Lin of Kairys, Rudovsky, Messing, Feinberg & Lin LLP.

    Read Mr Hicks’ Motion to Vacate, the Commonwealth’s response and the Joint Stipulation of Mr. Hicks and the Commonwealth. 

    This post was originally published on Radio Free.

  • Statement from Julia Levin, Climate and Energy Program Manager, on the federal government’s new hydrogen strategy

    Ottawa, Ont. – With the release of the federal hydrogen strategy today, the government has missed an opportunity to position Canada as a global leader in pursuing renewable hydrogen. Not only does the strategy focus on promoting fossil-derived hydrogen, but the government has also committed to more huge handouts for the oil and gas sector.

    Strategic deployment of renewable hydrogen technology could help Canada meet its climate commitments and set us on a pathway to zero emissions. A focus on fossil hydrogen only serves the interests of the oil and gas sector as they seek to create new markets for their products. Unlike Canada, other countries are choosing to invest primarily in renewable hydrogen, despite heavy lobbying from the oil and gas sector. If Canada does not follow suit, we risk being left out of this growing industry.

    This strategy will lock Canada into a future of fossil fuel use. We’re in the middle of a climate emergency – what’s needed is strong leadership to move us away from dependence on the dirty oil, coal and gas fuels that are causing this crisis, in a way that fairly respects workers and communities in these sectors. While hydrogen is being presented as a key climate solution, that will not be the case as long as its production continues to be powered by fossil fuels rather than renewable energy.

    About ENVIRONMENTAL DEFENCE (www.environmentaldefence.ca): Environmental Defence is a leading Canadian environmental advocacy organization that works with government, industry and individuals to defend clean water, a safe climate and healthy communities

    -30-

    For more information or to arrange an interview, please contact:

    Barbara Hayes, Environmental Defence, bhayes@environmentaldefence.ca

     

    Background information about hydrogen:

    • In November, 27 organizations released a joint letter to Minister O’Regan outlining detailed concerns about further investment in fossil hydrogen
    • Fossil-derived (blue) hydrogen comes from natural gas.
      • Natural gas is produced through fracking, which has many associated impacts on the land, water and communities, including methane leakage.
      • The argument for the climate benefits of fossil-derived hydrogen relies on carbon capture and storage (CCS) technology, which is this far unproven and prohibitively expensive. Commercial-scale demonstration of this technology has not yet occurred. In addition, CCS does not address methane leakage from the production or transportation of natural gas – leaks which are consistently underreported.
    • Renewable (green) hydrogen is created using electricity.
      • As Canada’s grid is already 82% carbon-free, we are well-positioned to be a leader in this field.
      • Renewable hydrogen has the potential to reduce emissions in hard to decarbonize sectors with few alternatives and where electrification isn’t an option, such as the production of steel and cement as well as heavy-duty transport and maritime shipping.
      • New research shows that plummeting prices of renewable energy and related technology will likely push renewable hydrogen to be more cost competitive by 2023 than even unabated fossil hydrogen (hydrogen production with no CCS component).
    • This strategy connects the development of a hydrogen sector to the development of small modular reactors (SMR). However, there are significant concerns with the feasibility, costs, safety and timeliness of the technology. SMRs are an expensive distraction from more viable, cost-competitive decarbonization solutions.

    The post Statement from Julia Levin, Climate and Energy Program Manager, on the federal government’s new hydrogen strategy appeared first on Environmental Defence.

    This post was originally published on Environmental Defence.

  • King Township Council asked to endorse a Minister Zoning Order for development of protected Greenbelt and Oak Ridges Moraine lands

    ENVIRONMENTAL DEFENCE AND OAK RIDGES MORAINE LAND TRUST

    Toronto, Ont. – A religious order, whose Trustees include key players in land speculation and greenfield housing construction, is requesting Council approval of a request for a Minister’s Zoning Order (MZO) that would let it build (among other things), a hotel development on the Greenbelt and the natural core area of the Oak Ridges Moraine. The surprise request, set to be considered by King Township Council on Monday, December 14th, is causing concern among King Township residents and environmental NGOs due to the location of the proposed development and the anti-democratic manner in which the proposal is being advanced.

    Augustinian Fathers (Ont.) Inc., presently controls a modest monastery and shrine on one corner of an isolated, largely-forested and wetland-covered 814-acre Oak Ridges Moraine estate. They are seeking to convert it to a sprawling multi-use commercial complex, which would include among other things a hotel, conference centre and the now customary token seniors-centre-in-the-middle-of-nowhere. These are not permitted uses on this vital and very sensitive part of the Oak Ridges Moraine. Unlike normal municipal planning processes, the issuing of an MZO, as requested, would not provide any opportunity even to assess the wider consequences of building near or within the vital Mary Lake and Seneca Lake wetland complex, let alone to determine how and whether those consequences could be mitigated.

    While the considerable Provincially Significant Wetlands on the site would ordinarily engage the protection of Conservation Authorities, that protection was undermined last week, with a new law that forces Conservation Authorities to permit destruction ordered through a Minister’s Zoning Order and to negotiate a “pay to slay” agreement that would allow the developer to pay a fee in exchange for the right to destroy the natural values.

    “If King Council endorses the request for an MZO and the Minister then issues it, it would add to the list of MZOs that have been issued that permit development in previously protected wetlands, river, valleys and forests,” said Tim Gray, Executive Director at Environmental Defence. “It would also be the first one ordered on the Greenbelt where Municipal Affairs Minister Steve Clark has promised to avoid at all costs.”

    Regarding the surprise MZO request, CEO Susan Walmer, Oak Ridges Moraine Land Trust said:

    “An MZO on the Oak Ridges Moraine beside a kettle lake wetland complex that feeds the East Humber River? Slipped onto the final King Council meeting of the year? This is not a Happy Holiday greeting. Citizen action in the 1990’s created the Oak Ridges Moraine Conservation Plan and citizens must now protect it. Development on the Moraine without proper environmental studies and public input is not acceptable now and never will be.”

    King Township Councillor Debbie Schaefer was similarly concerned:

    “It would be a total mockery of the three year process King has just gone through to create a new Official Plan if King Council were to endorse this MZO. The new Plan was just approved by York Region in October 2020. Every other landowner needs to follow the process of making an application with extensive, comprehensive studies assessing the environmental impact of any changes, including the introduction of municipal services to this area which is outside the urban boundary of King City. King prides itself as being a good steward of the Oak Ridges Moraine. To endorse changes proposed without the necessary studies would be a terrible violation of our own principles. Furthermore, endorsing a MZO, which by its nature, precludes public consultation is very inconsistent with King’s belief that effective planning of our community requires public engagement.”

    Concerned citizens have a very short time to make their opposition to the MZO known to King Township Council. Written comments should be submitted to the Township Clerk at clerks@king.ca by 12:00 p.m. (noon) on Monday, December 14th. Comments will form part of the public record and will be circulated to Council. Those who wish to oppose the MZO through an oral submission (by audio-telephone) should also pre-register with the Clerk’s Division at 905-833-4068 or email clerks@king.ca by 12:00 p.m. (noon) on Monday, December 14th. They should provide their full name, address, telephone number and the item they wish to speak to. Upon receipt of registration, you will receive a confirmation email with instructions for participating by telephone.​

    – 30 –

    For more information or to request an interview, please contact:

    Sarah Jamal, Environmental Defence, sjamal@environmentaldefence.ca

    Susan Walmer, Oak Ridges Moraine Land Trust, swalmer@oakridgesmoraine.org

    The post King Township Council asked to endorse a Minister Zoning Order for development of protected Greenbelt and Oak Ridges Moraine lands appeared first on Environmental Defence.

    This post was originally published on Environmental Defence.

  • Statement from Dale Marshall, National Climate Program Manager, on the federal government’s new climate action plan

    Ottawa, Ont. – The climate action plan released today has a more comprehensive suite of climate policies than in the past and we welcome the meaningful escalation of the retail portion of the carbon price. We’re also pleased about the portion of the $15 billion investment that is not in effect yet another fossil fuel subsidy. But that amount, which is a small fraction of what other countries are doing on a per capita basis, clearly cannot get the job done. In fact, Canada should be investing $270 billion if it was following the level of ambition of the US or EU.

    It is also disappointing that the federal government continues to ignore measures that would most effectively reduce Canada’s greatest sources of carbon emissions: the oil and gas sector, and road transportation. The steps to reduce these emissions are well-known: no new oil and gas projects, a gradual phase out of fossil fuel production and use, action to increase the production of electric vehicles.

    It is well past time we get to work on these measures, with a fair transition plan for workers and communities who rely on the fossil fuel sector.  We will know the Canadian government is serious about climate action when its stated goal is to transition away from the production and use of ALL fossil fuels, and its actions follow suit.

    About ENVIRONMENTAL DEFENCE (www.environmentaldefence.ca): Environmental Defence is a leading Canadian environmental advocacy organization that works with government, industry and individuals to defend clean water, a safe climate and healthy communities

    -30-

    For more information or to arrange an interview, please contact:

    Barbara Hayes, Environmental Defence, bhayes@environmentaldefence.ca

    The post Statement from Dale Marshall, National Climate Program Manager, on the federal government’s new climate action plan appeared first on Environmental Defence.

    This post was originally published on Environmental Defence.

  • Independent Panel of Legal Experts Call on New Minnesota CRU to Investigate Myon Burrell’s 2002 Conviction

    An independent panel of national legal experts has raised serious concerns about the conviction and sentence of Myon Burrell for the 2002 shooting death of eleven-year-old Tyesha Edwards. Experts argue that no purpose is served by Mr. Burrell’s continued incarceration and recommend that his case be investigated by the Minnesota Attorney General’s Office’s newly established Conviction Review Unit (CRU). Mr. Burrell, who was 16 years old at the time of the shooting in South Minneapolis but charged as an adult, has served 18 years of his life sentence. 

    The independent panel, formed in July 2020, was convened by Laura Nirider, co-director of the Center on Wrongful Convictions at Northwestern University Pritzker School of Law, and Barry Scheck, co-founder of the Innocence Project and Professor of Law at Cardozo School of Law who brought together a powerful body of experts to review the case.  

    Read the findings here.

    The post Independent Panel of Legal Experts Call on New Minnesota CRU to Investigate Myon Burrell’s 2002 Conviction appeared first on Innocence Project.

    This post was originally published on Radio Free.

  • The Ontario Government Betrays the People of Ontario in Favour of Bad Developers with the Passage of Schedule 6

    DAVID SUZUKI FOUNDATION, ENVIRONMENTAL DEFENCE, LAND OVER LANDINGS, ONTARIO NATURE, RESCUE LAKE SIMCOE COALITION, SIMCOE COUNTY GREENBELT COALITION, WILDERNESS COMMITTEE

    Now that Ontario has passed Bill 229 and its attack on Conservation Authorities, the job of protecting wetlands, forests, drinking water and quality of life falls to ordinary citizens

    Toronto, Ont. – Today, the Ontario Government ignored a deafening chorus of expert warnings, to instead reward the worst developers and land speculators by incapacitating the system that protects source water and guards Ontarians against flooding, landslides and other environmental disasters.

    Members of the Greenbelt Council, non-partisan regulators, legal analysts, municipalities, NGOs and farmers, together with tens of thousands of Ontarians of all political stripes and walks of life, have warned the government of the dire consequences of “Schedule 6” amendments to the Conservation Authorities Act. These changes will let developers dump, build and excavate largely unchecked in high-risk areas, risking impaired water quality, property damage, and environmental degradation, and endangering public safety across the province.

    The most damaging of the changes to Conservation Authorities include:

    • Natural Resources and Forestry Ministers (MNRF) can now ignore the science-based work of Conservation Authorities to force through dangerous development applications already reviewed and rejected by arms-length Conservation Authorities
    • That Minister can even usurp the entire permitting authority of Conservation Authority experts, making technical decisions about what will cause flooding or landslides through a backroom political process, without the watershed knowledge and specialized expert advice that would make a rational decision possible
    • When the Minister of Municipal Affairs and Housing, whose staff have no environmental expertise at all, issues a Minister’s Zoning Order (MZO) for development, Conservation Authorities will be forced to issue a permit – even if their own experts know it will cause flooding or erosion, and jeopardize human health and safety
    • Developers will be allowed to build within key protected ecological areas if they pay a fee, a failed process patterned after the one used in the U.S. often called “pay to slay”

    Many Ontario environmental and community organizations will continue to work with the dozens of respected organizations and the more than 50,000 Ontarians who expressed their outrage through letters and phone calls about the damaging changes to Conservation Authorities. Together, we will work to protect natural spaces and stop destructive developments to ensure a better future for all Ontarians.

    “The gutting of Conservation Authorities shows that this Ontario government ignores the people. It’s a government for land speculators and the worst sorts of developers,” said Tim Gray, Executive Director of Environmental Defence. “This undermining of Conservation Authorities takes the province back over 70 years, to a more dangerous time when we didn’t know better. Now, however, we do know better, and we recognize that Ontarians deserve more, including wetlands, forests and flood plains that are intact and not paved over.”

    “Replacing science-based watershed management with politically motivated backroom decision-making is just not smart planning,” said Katie Krelove, Ontario Campaigner with the Wilderness Committee. “It puts the province’s last remaining wetlands and the wildlife that depend on them at risk. Ontarians have been rediscovering the health benefits of local nature throughout the pandemic, that’s why so many people spoke up in support of Conservation Authorities and against Schedule 6.”

    “It’s shocking how the government has ignored tens of thousands of Ontarians, including prominent figures like David Crombie, who has characterized this whole mess as a “high-level bombing,” said Caroline Schultz, Executive Director of Ontario Nature. “There is so much at stake, yet the government has chosen to pander to its developer buddies at everyone else’s expense. Rest assured, we will not forget this affront to the environment and democracy.”

    “Ontario has been going down the path of un-economic development whereby the failure to value our intact natural ecosystems has led to policies that consistently degrade our most precious assets,” said Yannick Beaudoin, Senior Economist and Director General for Ontario and Northern Canada with the David Suzuki Foundation. “Applying old economic thinking that has resulted in a global climate and biodiversity crisis and is inflating intergenerational fiscal liabilities, is not a sound pathway forward.”

    “If Ontario were genuine about reducing red tape and streamlining planning processes, they would not have done this. They would have had conversations about policy reform with professionals including Conservation Authorities. The fact that they have done the opposite – a sneak attack on the agency that protects Ontarians from flooding – leads me to believe that what they really think is: “People without flooding insurance, environment, and other suckers – you’re on your own! Developers and land speculators, come to our Christmas party,” said Rescue Lake Simcoe Coalition Executive Director, Claire Malcolmson.

    “Like all watersheds in Ontario, the fate of the pristine waters of the Duffins that flows through the Pickering Federal Lands to Lake Ontario must not be left to the insatiable demands of the development industry. MZOs threaten class one farmland and provincially significant wetlands in Pickering and underline the urgent need for independent arms’ length organizations such as our Conservation Authorities and the Greenbelt Council. We are uniquely positioned to understand the critical imperative of all governmental jurisdictions working collaboratively if we are to weather the coming storms – literally and figuratively,” said Mary Delaney, Chair, Land Over Landings.

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    For more information and to arrange an interview please contact:

    Allen Braude, Environmental Defence, abraude@environmentaldefence.ca

    Yannick Beaudoin, David Suzuki Foundation, ybeaudoin@davidsuzuki.org

    Mary Delaney, Land Over Landings, landoverlanding@gmail.com,

    John Hassell, Ontario Nature, johnh@ontarionature.org

    Claire Malcolmson, Rescue Lake Simcoe Coalition, claire.malcomson@gmail.com

    Margaret Prophet,  Simcoe County Greenbelt Coalition, margaret@simcoecountrygreenbetl.ca

    Katie Krelove, Wilderness Committee, katie@wildernesscommittee.org

    The post The Ontario Government Betrays the People of Ontario in Favour of Bad Developers with the Passage of Schedule 6 appeared first on Environmental Defence.

    This post was originally published on Environmental Defence.

  • Statement by Executive Director Tim Gray on Today’s Resignation of David Crombie, Chair of the Greenbelt Council

     

    Toronto, Ont. – It is a great shame and a loss to the people of Ontario that David Crombie, the Chair of the provincially appointed Greenbelt Council, had no alternative but to resign today. His resignation comes as a direct result of Minister Steve Clark’s refusal to listen to the Council’s advice and remove Schedule 6 from Bill 229 (the budget bill).

    In the words of Mr. Crombie: “It cuts out the heart of integrated watershed planning and management; severely cripples the Conservation Authorities in the pursuit of their historic stewardship of environmental issues, and now with the grossly expanded use of Ministerial Zoning Orders (MZO) and other procedural revisions, essential public discussion and debate will be stifled or shut down.”

    Mr. Crombie and the Council have been key thinkers and advisors to the Ontario government on how to best protect farmland, natural features and economic prosperity. It is tragic that their impartial advice has been ignored and overridden by the self-serving demands of developers.

    Mr. Crombie concludes in his letter: “This is not policy and institutional reform. This is high-level bombing and needs to be resisted.”

    It is not too late for the Ontario government to finally listen to the advice of the Council and remove the attacks on our future, contained in Schedule 6 of the budget bill. All Ontarians are watching.

    A copy of the David Crombie’s resignation letter is available here.

    About ENVIRONMENTAL DEFENCE (www.environmentaldefence.ca): Environmental Defence is a leading Canadian environmental advocacy organization that works with government, industry and individuals to defend clean water, a safe climate and healthy communities

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    More information on the content of Schedule 6 of Bill 229 that will gut the role of Conservation Authorities is available here.

    To arrange an interview with an Environmental Defence representative please contact: Allen Braude, Environmental Defence, abraude@environmentaldefence.ca, cell: 416-356-2587

    The post Statement by Executive Director Tim Gray on Today’s Resignation of David Crombie, Chair of the Greenbelt Council appeared first on Environmental Defence.

    This post was originally published on Environmental Defence.