Canadian garbage rotting in Manila violates international law, lawyers say

Canada dumped more than 100 shipping containers of garbage disguised as plastics for recycling

Filipino environmental activists wear a mock container vans filled with garbage to symbolize the 50 containers of waste that were shipped from Canada to the Philippines two years ago, as they hold a protest outside the Canadian embassy at the financial district of Makati, south of Manila, Philippines on Thursday, May 7, 2015. A Vancouver environmental law firm says Canada broke an international law when it dumped into the Philippines more than 100 shipping containers of garbage improperly labelled as plastics for recycling. The Pacific Centre for Environmental Law and Litigation says in a legal opinion done for a coalition of Canadian environment groups that the shipments violate the Basel Convention because either the Canadian company behind them didn’t get consent from the Philippines to send the shipments, or it lied about the contents in order to get approval. (THE CANADIAN PRESS/AP, Aaron Favila)

Canada broke international rules when it dumped more than 100 shipping containers of garbage disguised as plastics for recycling into the Philippines six years ago, a Victoria-based environmental law firm says.

Anthony Ho, a lawyer for the Pacific Centre for Environmental Law and Litigation, said the shipments violate multiple parts of the Basel Convention, a 30-year-old treaty that prevents countries from shipping hazardous waste to the developing world without consent.

READ MORE: Canada’s failure to fight climate change ‘disturbing,’ environment watchdog says

He said the fact the Canadian company that shipped the containers inaccurately described their contents “in itself makes those shipments illegal traffic under the Basel Convention.”

The shipping containers arrived in Manila in 2013 and 2014.

A spot check of the contents by customs officials in the Philippines found they were not filled with recycling materials, but rather household garbage that included kitchen waste and used adult diapers.

The containers should have been shipped back to Canada within 30 days of the Canadian government being made aware of them under the convention, Ho said.

Canada’s failure to take responsibility for the waste is another violation of the convention, Ho said, noting the law forbids the country of origin from transferring the obligation to properly manage the hazardous waste to the country importing it.

Canadian authorities argue the convention didn’t apply at the time of the shipments because this country didn’t consider the waste to be hazardous, and have been trying to get the Philippines to dispose of the contents there for the last five years.

Canada amended the regulations in 2016 so that now it applies the convention as long as the country receiving the goods believes they are hazardous, even if Canada does not.

A number of environment and advocacy groups including rightoncanada.ca, the Canadian Environmental Law Association, and the EcoWaste Coalition in the Philippines, sent the legal opinion to Prime Minister Justin Trudeau this week and urged him to finally order his officials to bring the containers back to Canada for disposal.

Kathleen Ruff, founder of rightoncanada.ca, sought the legal opinion, which she said will be cited by advocates attending the biennial meeting about the Basel Convention in Switzerland later this month.

“I think Canada will be seen as a hypocrite,” Ruff said.

Although the garbage arrived in Manila before Trudeau’s 2015 election victory, he was confronted with the issue within days of being sworn in during a trip for a political summit in November 2015. He promised during to look at the matter, and repeated the pledge when he visited the Philippines in 2017.

In between those visits, a Filipino court ordered Canada to take the trash back in 2016.

Last fall, a working group of Canadian and Filipino officials was created to try and solve the issue.

Caroline Theriault, director of communications for Environment Minister Catherine McKenna, said Wednesday that Canada is aware of the 2016 court decision and ”is strongly committed to collaborating with the Philippines government to resolve this issue.”

Mia Rabson, The Canadian Press

Note to readers: This is a corrected story. An earlier version said the law firm was in Vancouver.

Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Faulty janitorial equipment likely caused Saanich school fire

Saturday morning fire damaged roof of Strawberry Vale Elementary

Greater Victoria records highest unemployment in history with 11 per cent

Past peak was 7.8 per cent more than a decade ago, according to South Island Prosperity Partnership

Human behaviour likely to deter birds from Esquimalt Lagoon, survey suggests

More Great Blue Herons spotted, fewer mallard ducks seen

Garth Homer Society in Saanich turns lemons into lemonade with online programs

Victoria disability organization sets up online programs and learning tools in wake of COVID-19

Sidney’s Mary Winspear Centre to host a trio of acts

Aaron Pritchett, Alex Cuba and Valdy will each play four shows

Islanders want BC Ferries to follow order that lets residents board before tourists

For ferry-dependent communities, ferries are often the sole practical lifeline to work, school or medical appointments.

Beverly Hills 90210 star’s family selling Vancouver Island Beach Resort

You can own Jason Priestley’s Terrace Beach Resort in Ucluelet for less than $5 million

Genetic detectives begin work to trace spread of COVID-19 in Canada

The kinds of genetic technology being used for this project did not exist when SARS hit Canada in 2003

Sports fishers protest Fraser River Chinook closures

Public Fishery Alliance wants hatchery fish open for harvest

B.C. Ferries increasing passenger capacity after COVID-19 restrictions

Transport Canada 50-per-cent limit being phased out, no current plans to provide masks

Shellfish industry get funds to clean up at Island sites and beyond

Businesses can apply to cover half of costs to clean up so-called ‘ghost gear’

Amber Alert for two Quebec girls cancelled after bodies found

Romy Carpentier, 6, Norah Carpentier, 11, and their father, Martin Carpentier, missing since Wednesday

B.C. man prepares to be first to receive double-hand transplant in Canada

After the surgery, transplant patients face a long recovery

Most Read