When government agencies fail to enforce environmental laws, what can citizens do?

At Watershed Watch we often hear from British Columbians who are trying to stop environmental violations they are witnessing in their communities. These folks often feel like they have exhausted every option. They’ve reported the violations, met with decision-makers, amassed dozens of petition signatures and more. Yet, the issue persists. 

We’ve heard many concerning stories, from observing ongoing contamination of streams to protesting planned development that will destroy important salmon habitats. As a small team with only so much capacity to take on new issues, we wanted to find a way to better support British Columbians who are trying to defend their local watersheds.

So back in 2022, we partnered with the Environmental Law Centre to develop a handbook that would outline how British Columbians can pursue private prosecutions to address environmental violations. Over several years, and under the supervision of lawyer Patrick Canning, law students Russell Chiong and Sean Price created our latest resource: A Citizen’s and Lawyer’s Guide to Private Prosecutions in British Columbia.

This comprehensive handbook, designed for lawyer-client teams, provides an overview of the actions required to initiate legal action when environmental laws are being violated. With step-by-step guidance and informative case studies, the guide offers a roadmap to achieving accountability and justice for the environment.

Private prosecutions, though historically underused, have proven to be a powerful tool. They allow individuals to shine a light on environmental violations, push for legal accountability, and in some cases, spark broader policy change.

We believe that everyone has a role to play in safeguarding our environment. A Citizen’s and Lawyer’s Guide to Private Prosecutions in British Columbia is another tool to help empower communities and hold polluters and other scofflaws accountable.

A big thank you to the Environmental Law Centre, Supervising Lawyer Patrick Canning, Law and Articled Student Russel Chiong, Law Student Sean Price, Articled Student Emmaline English and ELC Director of Operations and Communications Holly Pattison for their work in developing this handbook and to Christianne Wilhelmson, Bev Sellars, Alexandra Morton, Larry Reynolds, Leo McGrady, KC, Deborah Curran, and Calvin Sandborn, KC for their contributions.

Stay tuned in the new year, as Watershed Watch will be planning an upcoming online workshop for the public to learn more about how to use private prosecutions to protect wild salmon and their habitats.

View and download the Private Prosecutions Guide.