Supreme Court Upholds Municipal Pesticides Restrictions

The Federation of Canadian Municipalities (FCM), World Wildlife Fund (WWF), and Nature-Action Quebec, with legal representation from the Sierra Legal Defence Fund, successfully intervened in the precedent-setting case in support of local pesticide reduction initiatives. On behalf of the three groups, Sierra Legal argued that municipalities have an important role to play in protecting the health of residents and the environment, and that pesticide reduction measures are within the bounds of their local powers.

The case involved a municipal bylaw passed in 1991 by the Town of Hudson, Quebec, which tightly restricted the use of pesticides for non-essential (or cosmetic) uses within its boundaries. Chemlawn and Spraytech, both companies that routinely apply pesticides, had lost challenges to the bylaw in two Quebec courts before appealing to the Supreme Court to strike down the bylaw. The companies argued that municipalities did not have the power to control local pesticide use.

“The appeal by the pesticide companies threatened the ability of local governments to address environmental matters and put at risk many other current by-laws. This decision supports municipal efforts to protect environmental values at the local level,” said Sierra Legal managing lawyer Jerry DeMarco, who represented the three groups in the Supreme Court case.

“As little as 1 % of pesticides actually hit their mark,” said WWF Canada President Monte Hummel. “The rest wafts into the environment threatening unintended targets, from wildlife to children. WWF applauds this decision to allow municipalities to protect their own environments. Since federal pesticide legislation has not been updated for over 30 years, we are also looking forward to a stronger Pest Control Products Act this fall to protect all Canadians from pesticides.”

“This decision will likely speed action by other municipalities across Canada that have been contemplating the passage of pesticides by-laws to meet their citizens’ demands for a certain quality of life,” said an enthusiastic Elisabeth Arnold, Chair of the FCM Responsible Pest Management Committee and Councillor of Ottawa. Jack Layton, Toronto City Councillor and FCM President added “This ruling affirms the world-wide trend to stronger authority for the level of government that is closest to citizens.”

“I’m sure that many cities were waiting for this moment to act against the cosmetic use of pesticides in Québec. This is a new start for the alternatives! ” said Édith Smeesters, vice-president of Nature-Action Québec and now president of the Coalition for alternatives to pesticides.

For public information on pesticides, how to reduce the risk, alternatives to pesticides in gardening etc., please visit www.pestinfo.ca.