Canadian Supreme Court Rejects Appeal of Toronto Pesticide Law

Dr. David McKeown, Toronto's Medical Officer of Health, is pleased that the Supreme Court of Canada has dismissed a challenge to the city's by-law restricting the use of pesticides.

Crop Life Canada, an agricultural trade association that includes pesticide producers, had sought to appeal a unanimous Ontario Court of Appeal decision upholding the city's authority to adopt a by-law restricting pesticide use.

On November 17, the Supreme Court denied Crop Life's application for leave to appeal, ending legal challenges to the by-law.

"The courts have consistently supported the right of municipalities to pass laws protecting the health and safety of residents," said Dr. McKeown. "The Supreme Court's decision refusing to hear the appeal has affirmed the City's program to minimize the non-essential use of pesticides."

Councilor John Filion, chair of the Board of Health, said the appellate court decision supports healthy public policy. "I would hope the pesticide industry gets the message that it is time to move on.

Residents want to reduce pesticide use in their communities and the By-law is being phased in to make sure that happens."

Storm water picks up pesticides and other pollutants and flows into the storm sewer system or directly to lakes, streams, rivers, wetlands or coastal water. Anything that enters a storm water system is discharged untreated into the waterbodies used for swimming, fishing and providing drinking water.

The phase in of the by-law enforcement began this year. For commercial pesticide applicators and commercial property owners, warnings are issued for first-time non-compliance. Following this, a ticket or summons may be issued.

Homeowners and renters may be fined for non-compliance starting in September 2007.

Source: ENS