Panel: Dr. R.F. Patterson, H.D.C. Hunter, Marjorie Ryan
The appellant challenged pesticide use permit issued to the respondent authorizing aerial and ground spraying in the vicinity of the Kwatna River. He alleged that the pesticide registration process with respect to the IBT testing was fraudulent, the surfactant used in Vision and Roundup formulations is several times more toxic than the active ingredient glyophosate. He further alleged that the area in question was very wet and the herbicide would wash into the salmon bearing streams.
The Board dismissed the appeal finding there would be no adverse effects on man and the environment. It cited Mr. Justice Lander in Canadian Earthcare Society v. Environmental Appeal Board which states where a pesticide is federally registered it is presumed safe. In response to the alleged fraudulent testing, the Board found that Health and Welfare Canada had since declared all invalid IBT tests would be resubmitted for further testing, and that the rating of Roundup is no longer a concern.
