Environmental Dispute Resolution Fund
Encyclopedia
The Environmental Dispute Resolution Fund (EDRF) is a legal aid program based in British Columbia
, Canada
that provides grants 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
, a non-profit environmental law and public advocacy organization, based in Vancouver
, British Columbia
, Canada
. Unlike other public interest environmental law organizations, which use in-house lawyers to provide environmental representation, EDRF funding allows grantees to hire lawyers (at a legal aid
rate) from the private bar. Funding for the EDRF is provided by the Law Foundation of British Columbia.
. Bill Andrews, the former Executive Director of West Coast Environmental Law, recalls:
"[West Coast Environmental Law] discussed how we could expand our delivery of legal services, get out of Vancouver and meet regional needs … [and] expand the public interest environmental bar in British Columbia … It all came together with the idea of a fund that could pay for environmental help around the province."
programs in Canada. Between 1989 and 2010, over $4 million dollars were provided to recipients, helping to support and resolve more than 500 legal cases in British Columbia
, Canada
. In 2010, West Coast Environmental Law
celebrated the 20 year anniversary of the EDRF. Notable EDRF wins 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 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.
* 2005 - Parks for turtles, not developers: The West Kootenay EcoSociety 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 to work towards zero waste
.
* 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, to development. However, thanks to grants from the EDRF, the Pitt Polder Preservation Society was able to convince the British Columbia Court of Appeal
to throw out bylaws that allowed for the development.
*1994 - No logging in Victoria’s Watershed: The Western Canada Wilderness Committee
, with a grant from the EDRF, went to court to challenge commercial logging in the Victoria
watershed and won.
* 1992-1994 - Negotiating parks for BC: When the BC government created the Commission on Resources and Environment
to develop land use plans on Vancouver Island
and in the Kootenays
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 destroyed fish habitat on the Nechako River
, was defeated in large part due to the efforts of the Rivers Defense Coalition. Thanks to five years of EDRF grants, the Coalition was represented by the late Andrew Thompson, formerly a West Coast Environmental Law
Honourary Board member, in a court action and BC Utilities Commission hearings, leading to the defeat of the project.
provides approximately $200,000 in EDRF grants each year to a number of different recipients from across British Columbia
, Canada
. Through the EDRF it helps individuals, environmental organizations and community organizations use the law to protect their environment. The EDRF is an incredibly important program that has given a voice to people, communities and environmental organizations, resulting in a number of significant environmental victories.
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
that provides grants 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
West Coast Environmental Law is an environmental law and public advocacy organization based in Vancouver, British Columbia, Canada. It believes in a just and sustainable society where citizens are empowered to protect the environment and environmental protection is enshrined in law. It fulfills...
, a non-profit environmental law and public advocacy organization, based in Vancouver
Vancouver
Vancouver is a coastal seaport city on the mainland of British Columbia, Canada. It is the hub of Greater Vancouver, which, with over 2.3 million residents, is the third most populous metropolitan area in the country,...
, British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
. Unlike other public interest environmental law organizations, which use in-house lawyers to provide environmental representation, EDRF funding allows grantees to hire lawyers (at a legal aid
Legal aid
Legal aid is the provision of assistance to people otherwise 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 counsel and the right to a fair trial.A number of...
rate) from the private bar. Funding for the EDRF is provided by the Law Foundation of British Columbia.
How the EDRF Works
The EDRF allows recipients to obtain legal advice on a wide range of environmental issues. 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. In addition, EDRF grants allow recipients to hire scientific experts to assist with their legal case.History
The EDRF was established in 1989, by West Coast Environmental LawWest Coast Environmental Law
West Coast Environmental Law is an environmental law and public advocacy organization based in Vancouver, British Columbia, Canada. It believes in a just and sustainable society where citizens are empowered to protect the environment and environmental protection is enshrined in law. It fulfills...
. Bill Andrews, the former Executive Director of West Coast Environmental Law, recalls:
"[West Coast Environmental Law] discussed how we could expand our delivery of legal services, get out of Vancouver and meet regional needs … [and] expand the public interest environmental bar in British Columbia … It all came together with the idea of a fund that could pay for environmental help around the province."
Notable Achievements
The EDRF is one of the most successful environmental legal aidLegal aid
Legal aid is the provision of assistance to people otherwise 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 counsel and the right to a fair trial.A number of...
programs in Canada. Between 1989 and 2010, over $4 million dollars were provided to recipients, helping to support and resolve more than 500 legal cases in British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
. In 2010, West Coast Environmental Law
West Coast Environmental Law
West Coast Environmental Law is an environmental law and public advocacy organization based in Vancouver, British Columbia, Canada. It believes in a just and sustainable society where citizens are empowered to protect the environment and environmental protection is enshrined in law. It fulfills...
celebrated the 20 year anniversary of the EDRF. Notable EDRF wins over the past 20 years include:
* 2008-2009 - Fish farm laws unconstitutional: Celebrated fish farm opponent and marine biologist Alexandra Morton
Alexandra Morton
Alexandra Bryant Hubbard Morton is a Canadian American marine biologist best known for her 30-year study of wild killer whales in the Broughton Archipelago in British Columbia...
, with EDRF funding, teamed up with 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.
* 2005 - Parks for turtles, not developers: The West Kootenay EcoSociety 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 to work towards zero waste
Zero waste
Zero waste is a philosophy that encourages the redesign of resource life cycles so that all products are reused. Any trash sent to landfills and incinerators is minimal. The process recommended is one similar to the way that resources are reused in nature...
.
* 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
Marbled Murrelet
The Marbled Murrelet is a small seabird from the North Pacific. It is a member of the auk family. It nests in old-growth forests or on the ground at higher latitudes where trees cannot grow...
.
* 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, to development. However, thanks to grants from the EDRF, the Pitt Polder Preservation Society was able to convince the British Columbia Court of Appeal
British Columbia Court of Appeal
The British Columbia Court of Appeal is the highest appellate court in the province of British Columbia, Canada. The BCCA hears appeals from the Supreme Court of British Columbia and a number of boards and tribunals. The BCCA also hears criminal appeals from the Provincial Court of British...
to throw out bylaws that allowed for the development.
*1994 - No logging in Victoria’s Watershed: The Western Canada Wilderness Committee
Western Canada Wilderness Committee
The Western Canada Wilderness Committee is a non-profit environmental education organization that aims to protect Canada's wild spaces and species. Paul George, the founding director, formed the Wilderness Committee in the province of British Columbia in 1980...
, with a grant from the EDRF, went to court to challenge commercial logging in the Victoria
Victoria, British Columbia
Victoria is the capital city of British Columbia, Canada and is located on the southern tip of Vancouver Island off Canada's Pacific coast. The city has a population of about 78,000 within the metropolitan area of Greater Victoria, which has a population of 360,063, the 15th most populous Canadian...
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
Commission on Resources and Environment is 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 Commissioner was Stephen Owen, former provincial Ombudsdman. CORE...
to develop land use plans on Vancouver Island
Vancouver Island
Vancouver Island is a large island in British Columbia, Canada. It is one of several North American locations named after George Vancouver, the British Royal Navy officer who explored the Pacific Northwest coast of North America between 1791 and 1794...
and in the Kootenays
Kootenays
The Kootenay Region comprises the southeastern portion of British Columbia. It takes its name from the Kootenay River, which in turn was named for the Ktunaxa First Nation first encountered by explorer David Thompson.-Boundaries:The Kootenays are more or less defined by the Kootenay Land...
and the Cariboo-Chilcotin
Cariboo-Chilcotin
Cariboo-Chilcotin can refer to one of two electoral districts in British Columbia, Canada:*Cariboo—Chilcotin, a federal electoral district in use from 1979 to 2003...
, 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 destroyed fish habitat on the Nechako River
Nechako River
The Nechako River arises on the Nechako Plateau east of the Kitimat Ranges of the Coast Mountains of British Columbia and flows north toward Fort Fraser, then east to Prince George where it enters the Fraser River...
, was defeated in large part due to the efforts of the Rivers Defense Coalition. Thanks to five years of EDRF grants, the Coalition was represented by the late Andrew Thompson, formerly a West Coast Environmental Law
West Coast Environmental Law
West Coast Environmental Law is an environmental law and public advocacy organization based in Vancouver, British Columbia, Canada. It believes in a just and sustainable society where citizens are empowered to protect the environment and environmental protection is enshrined in law. It fulfills...
Honourary Board member, in a court action and BC Utilities Commission hearings, leading to the defeat of the project.
Summary
West Coast Environmental LawWest Coast Environmental Law
West Coast Environmental Law is an environmental law and public advocacy organization based in Vancouver, British Columbia, Canada. It believes in a just and sustainable society where citizens are empowered to protect the environment and environmental protection is enshrined in law. It fulfills...
provides approximately $200,000 in EDRF grants each year to a number of different recipients from across British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
. Through the EDRF it helps individuals, environmental organizations and community organizations use the law to protect their environment. The EDRF is an incredibly important program that has given a voice to people, communities and environmental organizations, resulting in a number of significant environmental victories.