Federal Court Scheduled to Hear Application for Judicial Review in David Suzuki Foundation et al v. Attorney General of Canada, Minister of Health et al.

Written by on November 20, 2018. Posted in Environmental litigation and enforcement

This week, the Federal Court of Canada is scheduled to hear oral arguments in the case of David Suzuki Foundation et al v. Attorney General of Canada, Minister of Health et al, T-1071-16 (“Suzuki Foundation”). Suzuki Foundation is an application for judicial review brought by the David Suzuki Foundation, Friends of the Earth Canada, Ontario Nature, and Wilderness Committee (“Applicants”). The Applicants are challenging the Pest Management Regulatory Agency’s (“PMRA”) authorization of the use of the pesticide Thiamethoxam, a neonicotionid pesticide that, according to the Applicants, is highly toxic to bees and other pollinators. The Applicants assert that the PMRA contravened the Pest Control Products Act, SC 2002 c28 (“PCPA”) by authorizing the use of Thiamethoxam without being reasonably certain that no harm to human health would result. According to the Applicants, the PMRA registered Thiamethoxam without the information necessary to assess the environmental risk of the pesticide. The Applicants also argue that the PMRA contravened the PCPA by failing to consult the public in authorizing the use of Thiamethoxam.

The Applicants are seeking a declaration from the Court that the PMRA acted without jurisdiction in registering, continuing, renewing and extending the registrations of Thiamethoxam pesticides. The Applicants are also requesting an order prohibiting the PMRA from renewing, amending, or otherwise extending the registrations of Thiamethoxam pesticides. Arguments are scheduled to begin on November 20, 2018 at 1:00 pm at the Federal Court of Canada in Toronto.