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This is a multi-part message in MIME format. ------=_NextPart_000_000B_01C88F18.A54A34B0 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable Irving challenges migratory bird protection laws By CHRIS MORRIS The Canadian Press Wed. Mar 26 - 5:14 AM BURTON, N.B. - New Brunswick forestry giant J.D. Irving Ltd. is = challenging Canada's laws protecting migratory birds at a time when = experts warn that some bird populations are in free fall. Arguments began Tuesday in New Brunswick provincial court on an = application by Irving to have the Migratory Birds Convention Act = declared unconstitutional. The company filed the application after it was charged under the federal = act as a result of the destruction of several great blue heron nests = during a logging operation in Cambridge Narrows, N.B., in 2006. Irving has pleaded not guilty to the charge, but in advance of the = trial, it introduced a motion challenging the constitutionality of the = act, which has been on the books since 1917. Irving is claiming that the Migratory Birds Act violates the Charter of = Rights. "As well, we say it is unconstitutional because it really is provincial = jurisdiction, not federal jurisdiction," said Irving lawyer Christopher = Wayland of Toronto. Prosecution witness Steve Wendt, a former director with the Canadian = Wildlife Service, told court that protection of migratory birds is just = as important now as it was 90 years ago, when the convention was enacted = by the United States and Britain, on behalf of Canada. "When the migratory bird convention came into being, people had observed = several extinctions," Wendt told the court, using the disappearance of = the passenger pigeon as an example. "There was a lot of concern then and we have similar concerns now." Wendt says a number of migratory birds, including such insect-eating = species as the common nighthawk and the swallow, are vanishing from the = Canadian landscape, making the protection of remaining habitat critical. The Audubon Society recently published a list of songbirds that are = disappearing at alarming rates from North America, including such = once-common species as the evening grosbeak and the field sparrow. "All naturalists know the history of what happened to migratory birds at = the turn of the century, when there was unlimited hunting and taking of = birds, and the federal law effectively helped bring back some species," = said Roland Chiasson of Nature New Brunswick, who attended court = proceedings in Burton. "If this act is struck down, what is going to happen the day after? That = really concerns us. This law has worked." Albert Koehl, a lawyer with Ecojustice, formerly the Sierra Legal = Defence Fund, said forestry companies across Canada are closely watching = the Irving case. He said logging companies are worried the charge against Irving may = signal a change in policy at Environment Canada, which has largely left = the forestry industry alone when it comes to enforcing bird protection. "What's new is that a logging company was actually charged with not = complying with the Migratory Birds Convention Act," Koehl said. "We know logging companies are worried about the provisions because the = provisions are clear - you cannot destroy a migratory bird nest. But the = federal government has not been taking action against logging = companies." Koehl said environmentalists want the federal government to do more to = protect birds and their habitat. Environment Canada's wildlife enforcement division has accused the = Irving company and one of its foremen of cutting a logging road through = a great blue heron nesting site in the Cambridge Narrows area, = destroying at least six nests and disturbing several others. ------=_NextPart_000_000B_01C88F18.A54A34B0 Content-Type: text/html; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable <!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN"> <HTML><HEAD> <META http-equiv=3DContent-Type content=3D"text/html; = charset=3Diso-8859-1"> <META content=3D"MSHTML 6.00.6000.16608" name=3DGENERATOR> <STYLE></STYLE> </HEAD> <BODY bgColor=3D#ffffff> <DIV><FONT face=3DArial size=3D2><FONT face=3D"Times New Roman" = size=3D3>Irving=20 challenges migratory bird protection laws<BR><FONT=20 class=3DContent_Sub_Headlines></FONT><BR><FONT class=3Dbyline>By CHRIS = MORRIS The=20 Canadian Press</FONT><BR><FONT class=3Dbyline>Wed. Mar 26 - 5:14=20 AM</FONT><BR></FONT><FONT class=3DContent_body-links> <P>BURTON, N.B. =97 New Brunswick forestry giant J.D. Irving Ltd. is = challenging=20 Canada=92s laws protecting migratory birds at a time when experts warn = that some=20 bird populations are in free fall.</P> <P>Arguments began Tuesday in New Brunswick provincial court on an = application=20 by Irving to have the Migratory Birds Convention Act declared=20 unconstitutional.</P> <P>The company filed the application after it was charged under the = federal act=20 as a result of the destruction of several great blue heron nests during = a=20 logging operation in Cambridge Narrows, N.B., in 2006.</P> <P>Irving has pleaded not guilty to the charge, but in advance of the = trial, it=20 introduced a motion challenging the constitutionality of the act, which = has been=20 on the books since 1917.</P> <P>Irving is claiming that the Migratory Birds Act violates the Charter = of=20 Rights.</P> <P>"As well, we say it is unconstitutional because it really is = provincial=20 jurisdiction, not federal jurisdiction," said Irving lawyer Christopher = Wayland=20 of Toronto.</P> <P>Prosecution witness Steve Wendt, a former director with the Canadian = Wildlife=20 Service, told court that protection of migratory birds is just as = important now=20 as it was 90 years ago, when the convention was enacted by the United = States and=20 Britain, on behalf of Canada.</P> <P>"When the migratory bird convention came into being, people had = observed=20 several extinctions," Wendt told the court, using the disappearance of = the=20 passenger pigeon as an example.</P> <P>"There was a lot of concern then and we have similar concerns = now."</P> <P>Wendt says a number of migratory birds, including such insect-eating = species=20 as the common nighthawk and the swallow, are vanishing from the Canadian = landscape, making the protection of remaining habitat critical.</P> <P>The Audubon Society recently published a list of songbirds that are=20 disappearing at alarming rates from North America, including such = once-common=20 species as the evening grosbeak and the field sparrow.</P> <P>"All naturalists know the history of what happened to migratory birds = at the=20 turn of the century, when there was unlimited hunting and taking of = birds, and=20 the federal law effectively helped bring back some species," said Roland = Chiasson of Nature New Brunswick, who attended court proceedings in = Burton.</P> <P>"If this act is struck down, what is going to happen the day after? = That=20 really concerns us. This law has worked."</P> <P>Albert Koehl, a lawyer with Ecojustice, formerly the Sierra Legal = Defence=20 Fund, said forestry companies across Canada are closely watching the = Irving=20 case.</P> <P>He said logging companies are worried the charge against Irving may = signal a=20 change in policy at Environment Canada, which has largely left the = forestry=20 industry alone when it comes to enforcing bird protection.</P> <P>"What=92s new is that a logging company was actually charged with not = complying=20 with the Migratory Birds Convention Act," Koehl said.</P> <P>"We know logging companies are worried about the provisions because = the=20 provisions are clear =97 you cannot destroy a migratory bird nest. But = the federal=20 government has not been taking action against logging companies."</P> <P>Koehl said environmentalists want the federal government to do more = to=20 protect birds and their habitat.</P> <P>Environment Canada=92s wildlife enforcement division has accused the = Irving=20 company and one of its foremen of cutting a logging road through a great = blue=20 heron nesting site in the Cambridge Narrows area, destroying at least = six nests=20 and disturbing several others.</P></FONT></FONT></DIV></BODY></HTML> ------=_NextPart_000_000B_01C88F18.A54A34B0--
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