The Environmental Dispute Resolution Fund (EDRF) is a
legal aid
Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to co ...
program based in
British Columbia
British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, ...
,
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
, which provides
grants
Grant or Grants may refer to:
Places
*Grant County (disambiguation)
Australia
* Grant, Queensland, a locality in the Barcaldine Region, Queensland, Australia
United Kingdom
*Castle Grant
United States
* Grant, Alabama
*Grant, Inyo County, C ...
to individuals, community groups and environmental organizations who need to hire legal representation to assist them in resolving an environmental problem or
dispute. The grants are provided and administered by
West Coast Environmental Law
West Coast Environmental Law is an environmental law and public advocacy organization based in Vancouver, British Columbia, Canada that works to shape environmental policies in British Columbia and in Canada. It is known for its involvement in gr ...
, a non-profit environmental law and public advocacy organization based in
Vancouver
Vancouver ( ) is a major city in western Canada, located in the Lower Mainland region of British Columbia. As the List of cities in British Columbia, most populous city in the province, the 2021 Canadian census recorded 662,248 people in the ...
,
British Columbia
British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, ...
,
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
. EDRF funding allows grantees to hire lawyers (at a
legal aid
Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to co ...
rate) from the private bar. Funding for the EDRF is provided by the Law Foundation of British Columbia.
The EDRF provides funding and grants for approved recipients to obtain legal advice to assist with their environmental disputes. The types of legal work funded include; pursuing alternative dispute resolutions, appearing before government tribunals, participating in environmental assessments and challenging government decisions in court.
History
The EDRF was established in 1989, by
West Coast Environmental Law
West Coast Environmental Law is an environmental law and public advocacy organization based in Vancouver, British Columbia, Canada that works to shape environmental policies in British Columbia and in Canada. It is known for its involvement in gr ...
. Bill Andrews, the former Executive Director of West Coast Environmental Law, recalls:
Notable achievements
Between 1989 and 2010, over $4 million was provided to recipients, helping to support and resolve more than 500 legal cases in
British Columbia
British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, ...
,
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
. In 2010,
West Coast Environmental Law
West Coast Environmental Law is an environmental law and public advocacy organization based in Vancouver, British Columbia, Canada that works to shape environmental policies in British Columbia and in Canada. It is known for its involvement in gr ...
celebrated the 20-year anniversary of the EDRF. Notable EDRF achievements over the past 20 years include:
* 2008-2009 - Fish farm laws unconstitutional: Celebrated fish farm opponent and marine biologist
Alexandra Morton, with EDRF funding, teamed up with a long-time environmental lawyer, Greg McDade, in a successful challenge to the constitutionality of British Columbia’s laws allowing fish farms in its waters, ruling that fish farms fall under federal jurisdiction.
[Comox Valley Echo - Environmental Law Fund celebrates 20 years - http://www2.canada.com/comoxvalleyecho/news/community/story.html?id=5c8fa977-7cf9-477e-b0b0-8938a077f7c8&p=1 {{Webarchive, url=https://web.archive.org/web/20120820051742/http://www2.canada.com/comoxvalleyecho/news/community/story.html?id=5c8fa977-7cf9-477e-b0b0-8938a077f7c8&p=1 , date=2012-08-20 ]
* 2005 - Parks for turtles, not developers: The West Kootenay Eco-Society successfully challenged the plans of the Minister of Parks to relocate Park roads in Grohman Narrows Provincial Park through the habitat of threatened painted turtles to accommodate a local developer.
* 2003-2008 - Zero Waste Vancouver: EDRF funding to the Nlaka’pamux Nation Tribal Council and the local Cornwall Watershed Coalition was instrumental in derailing plans to turn the sensitive grasslands at Ashcroft Ranch into a landfill, and convincing
Metro Vancouver
The Metro Vancouver Regional District (MVRD), or simply Metro Vancouver, is a Canadian political subdivision and corporate entity representing the metropolitan area of Greater Vancouver, designated by provincial legislation as one of the 28 ...
to work towards
zero waste
Zero waste is a set of principles focused on waste prevention that encourages redesigning resource life cycles so that all products are reused. The goal of this movement is to avoid sending trash to landfills, incinerators, or the ocean. Curren ...
.
* 2001-2002 - Marbled murrelets protected: The Sunshine Coast Conservation Association used EDRF funds to successfully challenge plans to log in the habitat of the endangered
marbled murrelet.
* 1997-2000 - Protecting the Pitt Polder: A large scale golf resort would have opened the wetland and agricultural lands known as the Pitt Polder, in
Pitt Meadows
Pitt Meadows is a municipality of Metro Vancouver in southwestern British Columbia, Canada. Incorporated in 1914, it has a land area of and a population of 19,146 as of 2021. The municipality received its name from the Pitt River and Pitt Lake. ...
, to development. However, thanks to grants from the EDRF, the Pitt Polder Preservation Society was able to convince the
British Columbia Court of Appeal
The British Columbia Court of Appeal (BCCA) is the highest appellate court in the province of British Columbia, Canada. It was established in 1910 following the 1907 Court of Appeal Act.
The BCCA hears appeals from the Supreme Court of Britis ...
to throw out bylaws that allowed for the development.
* 1994 - No logging in Victoria’s Watershed: The
Western Canada Wilderness Committee
The Western Canada Wilderness Committee (often shortened to Wilderness Committee) is a non-profit environmental education organization that aims to protect Canada's wild spaces and species. Paul George, along with Richard Krieger, were the foundin ...
, with a grant from the EDRF, went to court to challenge commercial logging in the
Victoria
Victoria most commonly refers to:
* Victoria (Australia), a state of the Commonwealth of Australia
* Victoria, British Columbia, provincial capital of British Columbia, Canada
* Victoria (mythology), Roman goddess of Victory
* Victoria, Seychelle ...
watershed and won.
* 1992-1994 - Negotiating parks for BC: When the BC government created the
Commission on Resources and Environment
Commission on Resources and Environment (CORE) was a collaborative planning model used in British Columbia from 1992-1996. Participating stakeholders negotiated a consensus-based agreement about regional and local resource use goals. CORE's Commis ...
to develop land use plans on
Vancouver Island
Vancouver Island is an island in the northeastern Pacific Ocean and part of the Canadian Provinces and territories of Canada, province of British Columbia. The island is in length, in width at its widest point, and in total area, while are o ...
and in the
Kootenays
The Kootenays or Kootenay ( ) is a region of southeastern British Columbia. It takes its name from the Kootenay River, which in turn was named for the Kutenai First Nations people.
Boundaries
The Kootenays are more or less defined by the Kootenay ...
and the
Cariboo-Chilcotin, the environmental sectors were chronically underfunded. Support from the EDRF helped contribute to a process that saw 100,000 acres of land added to British Columbia’s protected areas every month for three years.
* 1990-1995 - Blocking the Kemano Completion Project: Alcan’s controversial power generation project, which would have adversely affected fish habitats on the
Nechako River
The Nechako River arises on the Nechako Plateau east of the Kitimat Ranges of the Coast Mountains of British Columbia, Canada, and flows north toward Fort Fraser, then east to Prince George where it enters the Fraser River. "Nechako" is an angl ...
, saw defeat largely due to efforts by the Rivers Defense Coalition. Thanks to five years of EDRF grants, the Coalition represented by Andrew Thompson, a former
West Coast Environmental Law
West Coast Environmental Law is an environmental law and public advocacy organization based in Vancouver, British Columbia, Canada that works to shape environmental policies in British Columbia and in Canada. It is known for its involvement in gr ...
Honorary Board member, in a court action and BC Utilities Commission hearings, Alcan's power generation project saw defeat.
Summary
West Coast Environmental Law
West Coast Environmental Law is an environmental law and public advocacy organization based in Vancouver, British Columbia, Canada that works to shape environmental policies in British Columbia and in Canada. It is known for its involvement in gr ...
provides approximately $200,000 in EDRF grants each year to a number of different recipients from across
British Columbia
British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, ...
,
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
. Through the EDRF it helps individuals, environmental organizations, and community organizations use the law to protect their environment.
External links
West Coast Environmental LawEnvironmental Dispute Resolution Fund
References
Environmental organizations based in British Columbia
Legal organizations based in British Columbia
Legal aid
Environmental law in Canada