Piping plover at Sauble Beach © Joshua Wise
TORONTO | Traditional territories of the Mississaugas of the Credit, the Anishinaabeg, the Haudenosaunee, and the Wendat — Ecojustice, on behalf of Environmental Defence and Ontario Nature, has filed an urgent injunction request in the Federal Court of Canada to stop further damage to Piping Plover critical habitat at Wasaga Beach, Ontario.
The injunction motion, filed today, asks the Court to immediately halt mechanical beach raking, sand dune clearing, motorized vehicle use, and other activities that damage or destroy critical habitat or interfere with Piping Plover life processes in Beach Area 1 at Wasaga Beach, while Environmental Defence and Ontario Nature’s lawsuit to protect the Piping Plover proceeds. The underlying lawsuit challenges the delay by Environment Minister Julie Dabrusin in recommending emergency protections under the Species at Risk Act (SARA) for Canada’s most important Great Lakes Piping Plover habitat.
Even though the one nest established this year in the area tragically failed, this area is still critically important as a potential stopover site for migrating Piping Plovers and for longer-term nesting use. This stretch of shoreline is recognized by the federal government as critical habitat for the endangered Piping Plover and has produced nearly half of all fledglings in Ontario since the species returned to the province in 2007.
That habitat is now being damaged and lacks sufficient protection from the province or the Town of Wasaga Beach (Town).
Evidence before the Court indicates the Town mechanically raked portions of Piping Plover habitat this spring and continues to excavate important sand dunes and vegetation within the area. There is also extensive evidence of the Town or third parties driving motorized vehicles along the beach and throughout the dunes. A preeminent Piping Plover expert confirms that this type of habitat damage is likely to jeopardize the species’ survival and recovery if allowed to continue.
With only four successful breeding pairs of Piping Plovers remaining in Ontario in 2025, conservation groups say protecting Wasaga Beach is essential to the species’ survival and recovery in the province. Ontario’s repeal of the Endangered Species Act removed key provincial habitat protections, leaving the federal government as the primary authority responsible for preventing further destruction of this critical habitat.
“The window to protect Piping Plover habitat is closing rapidly,” said Tim Gray of Environmental Defence. “The federal Minister should act to protect this species under threat. But when she has not, then we have no choice but to ask the Court to step in and require the law to be followed.”
“Wasaga Beach is the most important Piping Plover habitat in Ontario,” said Tony Morris, Ontario Nature’s Conservation Policy and Campaigns Director. ” The responsibilities under SARA must be upheld by the Court if the federal Minister does not act, especially in the absence of provincial protections.”
“An urgent injunction is needed to prevent irreversible harm while the Court considers whether the Minister has met her legal obligations under SARA,” said Ecojustice lawyer Kegan Pepper-Smith.
It is anticipated that the injunction motion will be heard on an expedited basis.
About
Environmental Defence is a leading Canadian advocacy organization that works with government, industry and individuals to defend clean water, a safe climate and healthy communities.
Ecojustice uses the power of the law to defend nature, combat climate change, and fight for a healthy environment. Its strategic, public interest lawsuits and advocacy lead to precedent-setting court decisions and law and policy that deliver lasting solutions to Canada’s most urgent environmental problems. As Canada’s largest environmental law charity, Ecojustice operates offices in Vancouver, Calgary, Toronto, Ottawa, and Halifax.
Ontario Nature protects wild species and wild spaces through conservation, education and public engagement. A charitable organization, it represents 9,500 members, 130,000 supporters and 150 member groups from across Ontario.