VANCOUVER/UNCEDED xʷməθkʷəy̓əm (MUSQUEAM), Sḵwx̱wú7mesh (SQUAMISH), AND səlilwətaɬ (TSLEIL-WAUTUTH) TERRITORIES – Conservation groups filed a legal challenge over the failure of the federal Ministers of Fisheries and Oceans and Environment and Climate Change to make a timely recommendation to Cabinet for an emergency order — an action they’re legally required to take under the Species at Risk Act (SARA) after determining that Southern Resident killer whales face imminent threats to their survival and recovery.

The David Suzuki Foundation, Georgia Strait Alliance, Living Oceans Society, NRDC (Natural Resources Defense Council), Raincoast Conservation Foundation, and World Wildlife Fund Canada are represented by lawyers from Ecojustice.

In November 2024, the Ministers formed the opinion that Southern Residents face imminent threats to their survival and recovery despite existing measures to reduce these threats.

The seasonal measures that government and industry have implemented since 2018 have had some benefits for southern residents but have been insufficient to stem the decline of Southern Residents and enable their recovery.

The Ministers are now legally obligated under SARA to recommend an emergency order to Cabinet — an obligation which they have yet to fulfil.

Emergency orders are a legal mechanism under SARA that allows Cabinet to take proactive, comprehensive measures to protect and recover species at risk once they’ve received a recommendation from the Ministers.

In June 2024, the groups sent a petition to the Ministers requesting that they recommend that Cabinet issue an emergency order to protect the endangered killer whales. Since then, an adult male and two new calves have died, leaving the population at 73 individuals.

The groups contend that after months of urging government to use the tools available under SARA to protect the Southern Residents, they had no choice but to turn to the courts for action. This decision to turn to the courts follows a precedent-setting federal court ruling last summer regarding spotted owls, which confirmed that once a government has acknowledged imminent threats concerning survival or recovery, an unreasonable delay in issuing emergency orders is a violation of SARA.

The longer the Southern Residents wait for bold action, the greater the risk of extinction. This urgency is why the groups are asking the court to compel the Ministers to make the emergency order recommendation without further delay.

Imalka Nilmalgoda, Ecojustice lawyer said:

“While parliamentary activity has come to a halt during prorogation, the Ministers still have the legal duty and the power to recommend an emergency order under the Species at Risk Act. The Southern Residents’ fight for survival is urgent, and the population should not have to wait any longer for action. We filed this case to hold the Ministers accountable to their duty to use the law to protect this iconic species.”

Jeffery Young, senior science and policy analyst at the David Suzuki Foundation, said:

“It’s been seven years since southern resident orca were first confirmed as under imminent threat of extinction. We know what actions are needed to recover these whales and the government must put in place an emergency order to get them done. This is not a choice between whales and development. It is a choice about whether these special salmon-eating orca exist at all.”

Karen Wristen, Executive Director of Living Oceans Society, said:

“When we forced the Canadian Energy Regulator to consider the marine impacts of increased shipping associated with the Trans Mountain Pipeline Expansion project, the government promised to mitigate those impacts. What little has been done to satisfy that undertaking is clearly not enough for the Southern Resident killer whales: the threats of underwater acoustic disturbance and ship strikes have increased dramatically with the increase in shipping, as has the pollution from ships’ discharges of scrubber washwater and grey water.”

Beatrice Frank, executive director, Georgia Strait Alliance, said:

“As we push for an Emergency Order, Tahlequah (J-35), the 27-year-old Southern Resident orca has been carrying the lifeless body of her calf. This repetition of her painful display of grief first occurred seven years ago – the same year the Government first rejected our calls for action. This at-risk population urgently needs protection, as the Salish Sea has only become more inhospitable. The remaining 73 individuals are calling for our help, and we must deliver.”

Hussein Alidina, lead specialist marine conservation at WWF-Canada, said:

“If Southern Resident killer whales are to have any chance at survival and recovery, the responsible Ministers must do everything in their power to reduce the impacts of human activities on these whales, their food, and their habitat — starting with fulfilling their legal duty to recommend an Emergency Order. The window is not just closing for the government to act, but for these orcas.”

Michael Jasny, Director of Marine Mammal Protection at NRDC (Natural Resources Defense Council):

“For British Columbians, this issue is about more than just the plight of these iconic animals, as compelling as they are; it’s about the future of our province, about who we are and where we live. The whales are in a state of emergency. We expect the government, like any good government, to respond.”

Misty MacDuffee, Wild Salmon Program Director at Raincoast Conservation Foundation said:

“Existing measures for Southern Residents are clearly failing to reduce underwater noise or improve prey conditions to the levels necessary for recovery. With a limited number of breeding females remaining, we have reached the 11th hour to turn this situation around. Cabinet must recognize the urgent need to issue an Emergency Order with meaningful measures that can facilitate their recovery.”

ABOUT

The David Suzuki Foundation (DavidSuzuki.org | @DavidSuzukiFdn) is a Canadian environmental non-profit organization, founded in 1990. We operate in English and French, with offices in Vancouver, Toronto and Montreal. We aim to collaborate with many different people in Canada, including Indigenous leadership and communities, all governments, businesses and individuals to find solutions to create a sustainable Canada through scientific research, traditional ecological knowledge, innovative policy and legal solutions, communications and public engagement. Our mission is to protect nature’s diversity and the well-being of all life, now and for the future. We envision a world where we all act every day on the understanding that we are interdependent with nature, and with each other.

Ecojustice uses the power of the law to defend nature, combat climate change, and fight for a healthy environment. Its strategic, public interest lawsuits and advocacy lead to precedent-setting court decisions and law and policy that deliver lasting solutions to Canada’s most urgent environmental problems. As Canada’s largest environmental law charity, Ecojustice operates offices in Vancouver, Calgary, Toronto, Ottawa, and Halifax.

For 35 years, Georgia Strait Alliance has been a leading advocate for the environmental protection of the Salish Sea region. Grounded in environmental justice, GSA mobilizes and supports collective action for the protection of a Salish Sea teeming with life where thriving and just communities live in balance with the environment.

Living Oceans Society works to ensure that Canada’s oceans are sustainably managed and thriving with abundant and diverse sea life that supports vibrant and resilient communities. We engage with government, industry and the people who live and work on the coast to create viable solutions to conservation issues.

NRDC (Natural Resources Defense Council) is an international nonprofit environmental organization with more than 3 million members and online activists. Established in 1970, NRDC uses science, policy, law, and people power to confront the climate crisis, protect public health, and safeguard nature. NRDC has offices in New York City, Washington, D.C., Los Angeles, San Francisco, Chicago, Beijing, and Delhi (an office of NRDC India Pvt. Ltd).

Raincoast Conservation Foundation is a team of conservationists and scientists empowered by our research to protect the lands, waters and wildlife of coastal British Columbia. We use rigorous, peer-reviewed science and community engagement to further our conservation objectives. We work in partnership with scientists, First Nations, local communities, and NGOs to build support for decisions that protect species, marine and terrestrial habitat on BC’s coast.

WWF-Canada is committed to equitable and effective conservation actions that restore nature, reverse wildlife loss, and fight climate change. We draw on scientific analysis and Indigenous guidance to ensure all our efforts connect to a single goal: a future where wildlife, nature, and people thrive.

FOR MEDIA INQUIRIES:

Venetia Jones, communications manager | Ecojustice
613 903 5898 ex. 714, vjones@ecojustice.ca

Brandon Wei, communications specialist | David Suzuki Foundation
778 772-6138, bwei@davidsuzuki.org

Allison Murray, communications associate | Georgia Strait Alliance
604-442-1846, allison@murraycommunications.org

Emily Vandermeer, senior communications specialist | WWF-Canada
Evandermeer@wwfcanada.org

Michael Jasny, Director of Marine Mammal Protection | NRDC (Natural Resources Defense Council)
310-560-5536, mjasny@nrdc.org

Misty MacDuffee, Wild Salmon Program Director | Raincoast Conservation Foundation
1-250-818-2136 misty@raincoast.org