The panda has teeth: Ontario Superior Court upholds Toronto pesticide ban

The City of Toronto passed its by-law last May, forbidding the use of pesticides, such as herbicides used in lawn care and insecticides to kill “pests”. The by-law does allow for the use of some pesticides in cases of infestation, or to reduce health risks, such as West Nile Virus. Shortly afterward, a legal challenge was launched by CropLife Canada (a pesticide industry association). CropLife Canada tried to argue that, because Ontario’s law has the words “not provided for by other Acts” and the province has a Pesticide Law, the Toronto by-law is invalid.

The Canadian Environmental Law Association (CELA) intervened in the Toronto case on behalf of the Toronto Environmental Alliance. On the recommendation of Julia Langer, WWF-Canada joined the case as an intervenor, represented by the Sierra Legal Defence Fund.

Justice W.P. Somers ruled that the Toronto by-law is legal under the Ontario Municipal Act, and does not conflict with provincial or federal pesticide legislation, clearing the way for other Ontario municipalities to pass their own by-laws. By restricting the use of pesticides, municipalities can protect the health of both the environment and the people in it from the potentially harmful effects of these chemicals, such as hormonal changes, increased risk of some cancers, and changes to the immune system.

This is the second time that WWF-Canada has successfully intervened in an important court reference regarding municipal by-laws targeting pesticide bans. In 2001, WWF-Canada, along with the Federation of Canadian Municipalities and the Town of Hudson, Quebec, was an intervenor in a Supreme Court of Canada case that upheld the right of Quebec municipalities to pass pesticide restriction by-laws.

WWF is dedicated to the conservation of nature. Our ultimate goal is to stop, and eventually reverse, the accelerating degradation of our natural environment, and to help build a future in which humans live in harmony with nature. Curbing pollution is critical to the survival of all species. Therefore, reducing contaminants in both the air and water is a vital part of WWF’s mandate.