[Sust-mar] SIERRA LEGAL MEDIA RELEASE: Groups win intervener status in precedent-setting PEI public trust case (fwd)

[Paul A Falvo]

MEDIA RELEASE

For Immediate Release    May 19, 2006


Groups win intervener status in precedent-setting PEI public trust case

TORONTO - A coalition of groups from across Canada represented by Sierra
Legal Defence Fund has been granted intervener status as "friends of the
court" in a hearing next month in the Prince Edward Island Supreme Court -
Appeal Division that will decide if a precedent-setting fisheries case will
be given the green light.

In a ruling this week, PEI Court of Appeal Justice John A. McQuaid permitted
the public interest groups Earth Action of PEI, Ecology Action Centre of
Nova Scotia and Living Oceans of British Columbia, to make submissions to
the Court hearing the appeal on the public trust and fiduciary obligations
of the Government of Canada and the fair and effective administration of the
fisheries by the Department of Fisheries and Oceans.

"Our clients are very pleased to be given this opportunity to have a voice
on the public trust issue," says Sierra Legal counsel Robert Wright. "They
are not becoming parties to the lawsuit but will be involved at this hearing
to give the court their public interest perspective based on many years of
experience in fisheries management, conservation and working with fishing
communities."

The provincial government launched the lawsuit in 2005 challenging the
Department of Fisheries and Oceans' historical management decisions with
regards to the fishery.  The federal government has not yet delivered its
defence. In an earlier hearing, the federal government was unsuccessful in
convincing the Supreme Court of Prince Edward Island to dismiss the case at
a preliminary stage.  On the appeal of Justice Gordon L. Campbell's
decision, the federal government is asking the PEI court to decide if the
province can even bring a law suit alleging that the federal government
failed to manage the fishery fairly and in good faith, for the equal benefit
of all, and whether the court of the province has jurisdiction to hear the
case. The appeal will be heard in Charlottetown on June 13 and 14, 2006.

"In our view, this case is an example of one of the greatest breaches of
public trust in Canadian history," says Mark Butler, Marine Coordinator,
Ecology Action Centre. "Trust needs to be restored, but it won't be until
government Fisheries Managers put the public interest first - not that of
powerful players in the industry."
"The issue has national importance because the federal Fisheries Act applies
across the country," says Dorthea Hangaard of BC's Living Oceans Society.

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For further information please contact:


Robert Wright, Senior counsel, Sierra Legal (416) 368-7533 ext. 31 or (416)
573-4258 cell

Mark Butler, Marine Coordinator, Ecology Action Centre (902) 429-5287



Sierra Legal is a national non-profit environmental organization dedicated
to defending Canadians' fundamental right to a healthy, clean environment.
<http://www.sierralegal.org/> www.sierralegal.org

Earth Action is a non-profit advocacy and education organization committed
to conserving and protecting the environment in Prince Edward Island since
1988.

The Ecology Action Centre is Nova Scotia's largest and most active
environmental organization. IT has been working to protect Nova Scotia's
land, water and environment since 1971.  <http://www.ecologyaction.ca/>
www.ecologyaction.ca

Living Oceans Society is a non-profit research and public education
organization that promotes the need for a healthy ocean and healthy
communities on Canada's Pacific Coast. www.livingoceans.org
<http://www.livingoceans.org/>