A lawsuit filed by the Burns Bog Conservation Society against the federal government will be heard in Federal Court in Vancouver Tuesday.
The society's statement of claim alleges Ottawa violated a conservation covenant to protect Burns Bog when the South Fraser Perimeter Road highway project was approved.
The society and others opposed to the alignment of the SFPR, which will run adjacent to the environmentally sensitive wetlands, contend the new highway will have a significant impact, despite the Gateway Program's assurances that mitigation measures will address concerns.
Using a grant from West Coast Environmental Law, the society notes the governments of Canada and British Columbia, the City of Vancouver and the Corporation of Delta signed the conservation covenant and management plan.
The society contends the highway project's proximity to the bog contravenes the Canadian Environmental Assessment Act and the Federal Species at Risk Act.
"We're quite prepared for whatever happens, but it's something that we felt the society had to do. It's part of our mandate to protect the bog and regardless of what happens, we feel we can hold our head up high because we've done the best we could ," said society president Eliza Olson.
Federal lawyers are arguing that her society has no standing and therefore can't sue the government, she said.
Seeking general and punitive damages, Olson noted the dollar amount in the lawsuit was "in excess of $50,000."
The bog society hasn't named the Corporation of Delta in the lawsuit, but has been at odds with the municipality over the SFPR. The society obtained an opinion from West Coast Environmental Law that concluded Delta had the right to invoke a dispute resolution process contained in the agreement between the publicly-owned bog's four purchasing partners - federal, provincial, regional and municipal governments.
Delta council obtained its own legal opinion that noted neither the conservation covenant nor the related agreements apply to activities outside the designated bog area.
sgyarmati@delta-optimist.com
