The Honourable Mr. Justice Kelen of the Federal Court of Canada has ordered Health Canada to take a second look at the impacts on amphibians of Glyphosate-based pesticides -- one of the most widely-used pesticides in Canada, which include products like Monsanto's Roundup®.
The decision, the result of an action brought by Smithers, British Columbia-based pesticide-activist and French-trained Paediatrician Josette Wier, demonstrates that Health Canada must address requests by the public for a review of the safety of a pesticide where there is scientific uncertainty about its risks.
"Understanding the impact of pesticides on frogs and other amphibians is critical to understanding their impacts on the broader ecosystem," says Wier. "There are many recent studies showing that Round-up and many other Glyphosate-based pesticides contain an ingredient known as POEA that is toxic to amphibians and perhaps also to humans and human embryos, but Health Canada refused to initiate a formal review of the safety of these pesticides."
Wier's legal challenge, brought by Vancouver lawyer Jason Gratl and funded by West Coast Environmental Law and the Driftwood Foundation, focused on wetlands that provide critical habitat for many species of frogs and amphibians.
Judge Michael Kelen wrote: "[Ms. Wier] is entitled to a proper analysis as to whether the pesticide in issue presents an environmental risk to amphibians inhabiting ephemeral wetlands [those that are sometimes dry] which are subject to the aerial spraying of the pesticide in silviculture."
"Health Canada knew that there were risks with these pesticides, and yet failed to act to protect amphibian species, many of which are endangered." says Wier. "The judge affirmed that Health Canada should take a precautionary approach -- and re-examine their approval of pesticides where scientists don't agree on the risks."
"It's absurd that Josette had to go to court to force Health Canada to consider the environmental risks of substances that B.C. government scientists have flagged as posing a major risk to frogs and other amphibians," says Andrew Gage, staff lawyer with West Coast Environmental Law. "This decision empowers the public to demand that pesticides be re-examined when science casts doubt on their safety and shows Health Canada that it must take such demands seriously."
Wier brought her original request for a special review of glyphosate-pesticides (especially those containing POEA) and subsequent legal challenge because of her concern about possible aerial spraying of Monsanto's pesticide Vision in the forests near Smithers.
Glyphosate products are widely used on lawns, forests and in agriculture across Canada.