CropLife Canada, which speaks for Canada’s manufacturers and distributors of pesticides, is appealing a controversial Toronto bylaw restricting their use.
But Councillor Joe Mihevc, chair of the board of health and one of the bylaw’s main champions, said the group is simply trying to “scare off” other municipalities that want to follow Toronto’s example.
CropLife went to the Ontario Superior Court of Justice last year, following the bylaw’s passage in May, but in December, Mr. Justice William Somers dismissed its application. He ruled the city had the legal right to pass the bylaw and ordered CropLife to pay court costs.
But Debra Conlon, spokesperson for the group, said it’s determined to press its case at the Ontario Court of Appeal. A motion of appeal was filed yesterday, though a hearing date has yet to be determined.
“The appeal is just a result of what we felt was a judgment that ... had some weaknesses. It’s our view that the city doesn’t have the authority under the Municipal Act to pass the bylaw that they passed to regulate pesticides,” Conlon said.
CropLife Canada takes the position that pesticide use is already sufficiently regulated by the federal government, which spends $36 million annually through Health Canada and through the provincial environment ministry, which licenses lawn care and pest control operators, Conlon said.
Conlon said the bylaw lists some organic pesticides as acceptable for use, without giving criteria. The bylaw also doesn't define conditions such as “infestations,” in which pesticides would be allowed, she added.
Mihevc (Ward 21, St. Paul’s) noted a precedent-setting bylaw passed by Hudson, Que., was upheld by the Supreme Court of Canada. Toronto's bylaw is modeled upon Hudson’s.
“They (pesticide industry) know that in the end, they will lose. So why not use their time, rather than spending it on lawyers, on alternative product development and more organically friendly product development?” Mihevc said.
Despite the latest legal challenge, Mihevc said it’s “all systems go” on the bylaw, which restricts the non-essential use of pesticides on private property. While the bylaw comes into force in April, actual enforcement will not begin until September of next year.
Jerry DeMarco, spokesperson for the Sierra Legal Defence Fund – which will represent two interveners at the appeal, the Federation of Canadian Municipalities and the World Wildlife Fund – expressed “disappointment” with the decision by CropLife to appeal.
“I wish the industry would support compliance with the new bylaw instead of repeatedly challenging it in the courts,” DeMarco said.
Source: The Toronto Star