David Suzuki Foundation et al v. Health Canada et al

Reference :

T-169-23

Complaint date :

January 20, 2023

Status :

Not judged

Place of jurisdiction :

Canada, Ottawa

Plaintiffs types :

Environmental NGOs, Health/Food groups

Plaintiffs names :

David Suzuki Foundation, Environmental Defence Canada, Friends of the Earth Canada, Safe Food Matters

Defendants :

Health Minister, Loveland Products Canada Inc., Pest Management Regulatory Agency (PMRA), Attorney General of Canada

Lawyers for Health and Environmental Justice :

Laura Bowman

Case nature :

Administrative

Type(s), Product(s), Active substance(s) :

Herbicide, Glyphosate, Mad dog Plus

Requests :

To cancel the decision of the Minister of Health, through the Pest Management Regulatory Agency, to renew the registration of a product called Mad Dog Plus containing the active ingredient glyphosate - present as the isopropylamine salt - manufactured by Loveland Products Canada Inc. and intended for agricultural, industrial, recreational and forestry uses, on the basis of non-compliance with the Pest Control Products Act

Name of the Court :

Cour Fédérale du Canada of Ottawa, Canada

Jurisdiction level :

No description

Summary :

Four groups are contesting the renewal of the registration of the glyphosate-based herbicide "Mad dog Plus" by the Canadian Pest Management Regulatory Agency's (PMRA).

The applicants argue that the PMRA can only renew the registration of pesticide products if it can determine with reasonable certainty that no harm will occur to human health and the environment. This means that the PMRA must use the most recent and accurate scientific data when renewing glyphosate-based products.

In this case, the PMRA renewed its authorisation without updating the risk assessment for human health and the environment. Thus, all the new studies on the impacts of glyphosate on environmental health - at the genotoxic, reprotoxic, carcinogenic and microbiota toxicity levels - were not taken into account in the renewal process. Hence, the decision to renew the registration of the product until 31 December 2027 would not comply with the legal requirements.

In the absence of a response to the letter addressed to the Director General of the PMRA, Frédéric Bissonnette, on 27 October 2022, in which were detailed all the results of the new scientific studies on the neurotoxicity, reprotoxicity and toxicity for the microbiota, of glyphosate, which were not taken into account in the renewal procedure, the petitioners filed this appeal

According to the PMRA’s annual sales report, glyphosate is by far the most heavily used pesticide active ingredient in Canada. In 2020, more than 50 million kilograms of glyphosate sold in Canada. For comparison, only one other pest control product’s active ingredient sold more than 10 million kilograms.

Scientific references :

No scientifice reference for this case.