The Environmental Legacy Fund is a charitable organization that provides legal support to citizens and groups committed to environmental protection. This fund plays a key role in ensuring that Quebec and Canadian environmental laws are respected and enforced, a fundamental issue for the preservation of the last remaining natural environments during this time of climate crisis and biodiversity loss.
The Legacy Fund for the Environment has thus established itself as a key player among organizations working for environmental protection. By providing concrete support to citizen initiatives and highlighting the challenges related to law enforcement, it actively contributes to the defense of fragile ecosystems and the fight against their destruction.
For over twenty years, Tommy Montpetit has dedicated himself to preserving ecosystems and protecting the Chorus Frog, an amphibian that has become a symbol of the challenges associated with conservation and environmental law enforcement. As Director of Conservation at Ciel et Terre, he actively works to implement conservation plans to preserve this species, whose habitat is constantly threatened by urbanization.
His commitment has earned him several distinctions, including the Silver Salamander awarded by the Canadian Herpetological Society. His career, often highlighted in the media, illustrates the shortcomings and challenges of environmental law enforcement in Quebec and Canada. Too often, these laws, although they exist on paper, struggle to be effectively implemented in the face of economic pressures and urban development.
“I’ve been with Ciel et Terre since 2004, so I’ve been working specifically on the protection of the Northern Chorus Frog and natural environments for 21 years now,” he said. His activism began in 1996, conducting inventories and leading advocacy efforts with municipalities to protect natural habitats.
Since 2004, he has also been a member of the Chorus Frog Recovery Team, a government organization that brings together scientists and experts on endangered species. His work includes participating in various studies and protocols, developing conservation plans, and creating and restoring habitats conducive to the species’ survival.
In this webinar, we detail the main aspects of his involvement, including the geographic location and knowledge of the Chorus Frog in Montérégie, as well as the provincial and federal legal statuses that were mobilized for his protection, particularly in the La Prairie case.
The Chorus Frog is a small amphibian measuring between 3 and 3.5 cm long, identifiable by its three distinct longitudinal stripes on its back. Its unmistakable song is reminiscent of a finger rubbing a black comb.
During the breeding season, the Chorus Frog almost doubles its volume when singing with its inflated yellow vocal sac. This amphibian, although tiny, is a crucial component of Quebec’s wetland ecosystems.
Regarding its distribution, the Chorus Frog is found across North America, but the Quebec population is unique. Ongoing genetic testing should confirm that the Montérégie and Outaouais populations are distinct from the others, making it an isolated species.
Historically, the Chorus Frog was widespread throughout southern Quebec, as evidenced by a 1952 map showing its presence from Montreal to Sherbrooke. Today, the situation has changed. In Montérégie, of the ten populations identified in 2004, only four remain: those in Beauharnois, Boucherville, Longueuil, and La Prairie. “In Montérégie, of the ten populations identified in 2004, only four remain. We’re talking about a 95 to 97% disappearance of its habitat in just twenty years,” he said.
The Northern Chorus Frog has been designated a threatened species in Canada since 2010 and in Quebec for several years. However, despite these statuses, its protection remains insufficient. The continued loss of its habitat raises fears of the species’ possible total extinction in the near future, unless concrete actions are taken to halt its decline.
This case involved several organizations and resulted in a landmark judgment confirming the importance of enforcing environmental laws.
Originally, an agreement was reached between the Government of Quebec, the Ministry of the Environment, and the City of La Prairie to preserve part of the critical habitat of the Chorus Frog.
“We realized that the proposed measures would not allow the survival of the La Prairie population. We therefore requested a complete review of the agreement,” said Montpetit.
The evolution of the La Prairie territory between 1988 and 2015 reflects the gradual destruction of the Chorus Frog’s habitat. Once a vast marshy and peaty area home to great biodiversity, this territory was gradually destroyed by urban development. By 2003, a large portion of these wetlands had already disappeared. By 2008, only a few hectares remained, and by 2015, only a tiny plot surrounded by development remained.
Faced with this alarming situation, groups like Vigile Verte and other associations presented their findings to authorities, including Mr. Mulcair, to seek better protection for this habitat. This mobilization led to a federal emergency decree to protect what remained of the Chorus Frog’s habitat, marking a major step forward in the enforcement of environmental laws in Canada.
At the time of the first battles for the Chorus Frog, a multitude of violations were observed in the La Prairie area, including the destruction of habitats and wetlands.
Faced with these violations, activists invoked Article 22 of the Environment Quality Act, which stipulates that “no one may modify a natural environment without authorization.” Despite this measure, development continued. “We saw roads being laid out and two-hundred-year-old oak trees being uprooted,” says Montpetit.
Another major problem concerned wastewater discharges into streams and the Saint-Jacques River. “We found sanitary waste directly in the Chorus Frog’s habitats; it was a veritable open sewer,” he explains. In response, environmental advocates invoked Section 32 on the management of sewers and aqueducts, as well as the Canadian government’s Fisheries Act, which prohibits any activity causing “serious harm to aquatic habitats.”
Thanks to these actions, violations were reported to federal authorities, leading to the issuance of notices of violation and a temporary halt to work in 2007. In 2008, a conservation plan was published in collaboration with the Chorus Frog Recovery Team. However, Montpetit points out that “despite these victories, 70% of the species’ habitat has been destroyed.”
In 2010, a second scientific advisory report highlighted that habitat loss exceeded the critical threshold of 50%, seriously compromising the species’ chances of survival. “At this rate, the Chorus Frog risks disappearing completely if concrete measures are not put in place,” said Montpetit.
Montpetit explains that “the conservation agreements negotiated with municipal authorities and developers will result in the price of two-thirds of the breeding habitat.” Thus, the government, the city, and real estate developers were prepared to sacrifice 66% of the habitat of the Chorus Frog, a species recognized as threatened in Canada.
In 2010, the Northern Chorus Frog officially obtained its status as threatened under Schedule 1 of the Government of Canada’s Species at Risk Act. Montpetit comments ironically: “It was official, it had its status, its trophy.”
Despite this recognition, threats to the species persisted. In 2014, a final advisory report was issued by the scientific recovery team. Montpetit emphasizes the importance of this document: “That paragraph was really extremely important.” What this meant was that we had the laws in Quebec and Canada to protect the species, but the government didn’t want to use them.”
Scientists had identified the problems and proposed appropriate solutions, but habitat loss continued to increase, significantly reducing the species’ chances of recovery. Despite this alarming situation, in 2014, applications for authorization certificates for new developments were filed. The recovery team then warned that “if the trend continues, the certificates issued in 2014 are counterproductive to the species’ recovery.”
Despite these repeated warnings, authorizations to destroy the habitats of the Chorus Frog were issued. Montpetit says: “Despite the advice of all the scientists from Quebec and even Canada who are gathered around the recovery team table, the government has still given authorizations to destroy the habitat of the Northern Chorus Frog, the terrestrial habitat, and the wetland habitat of the Chorus Frog.”
This situation illustrates the contradictions between the official recognition of endangered species and the effective enforcement of environmental protection laws. Montpetit insists on the need for a real commitment to halt the disappearance of these natural environments.
In 2014, several organizations, including the Quebec Environmental Law Center and Nature Québec, requested the adoption of an emergency decree to protect the Northern Chorus Frog in La Prairie. Montpetit explains: “It was the first time that this law, an emergency decree, was applied on private land.”
Faced with administrative delays and insufficient responses from government authorities, complaints were filed to enforce existing environmental laws. “With regard to the law, we can’t say that we didn’t use all the laws,” said Montpetit, mentioning in particular the Migratory Birds Conservation Act. This law allowed for a temporary halt to work when companies began destroying bird nests outside of authorized periods.
Despite these efforts, some developers continued work illegally, requiring the intervention of federal agents. Montpetit describes the situation: “This law is really super interesting […] if a seedling makes noise next to a nest, it’s a disturbance.” Several fines were imposed, ranging up to $40,000 between 2014 and 2018.
By 2015, the situation had become critical. “Chorus Frog habitats were being destroyed, drained, altered, and streets were starting to sprout,” said Montpetit. Faced with the inaction of the federal Minister of the Environment at the time, an application for an emergency order was filed in court. However, the federal government initially refused to adopt it, allowing the developers to continue their work.
Finally, Environment Minister Catherine McKenna adopted the emergency order on July 15, 2016. Montpetit emphasizes the importance of this decision: “It was the first time it was done on private land; it’s really important legally.”
The order imposes strict prohibitions to protect the habitat of the Chorus Frog. “You can’t even mow the lawn, remove soil, install barriers, or drain a swimming pool,” explains Montpetit. Federal patrols regularly monitor the area and apply severe penalties for violations, with fines of up to $60,000.
The decision was challenged by real estate developers in the Supreme Court of Canada. Montpetit emphasizes the importance of this ruling: “The Federal Court has come to protect an endangered species on private land.” This is entirely constitutional and cannot be considered a disguised expropriation.”
This judgment sets a fundamental legal precedent for the protection of endangered species in Quebec and Canada. “Biodiversity is a fundamental value in society, and the application of environmental law must evolve accordingly,” said Montpetit.
“The fund for the restoration of natural environments has reached $172 million, I believe. We haven’t used it because, first of all, people who wanted to submit projects to restore wetlands found it extremely complex,” says Montpetit.
“There was indeed a population of Chorus Frogs in Saint-Bruno but unfortunately, a developer changed the hydrology and it was destroyed,” says Montpetit.
Montpetit explains the method used: “Inventories are done in the spring, in April. We estimate the ratings at 1 to 3.”
“The situation is truly critical. People need to realize that this is on the same level as the beluga whale or the Copper Redhorse,” says Montpetit. “We’re at the same level as the panda or the Siberian tiger. We’re now breeding them in captivity for possible reintroduction.” This comparison illustrates the extent of the danger threatening the species and the urgent need to act for its preservation.
He explains that isolated populations make the species’ survival even more fragile: “These four populations are completely isolated from each other, which creates a problem of inbreeding and reduces the chances of long-term survival.”
When asked how everyone can contribute to the protection of natural environments, Montpetit replies: “I think that in each region, there are organizations that help others. We are part of the Montérégie region. There’s the Green Coalition in Montreal.” I think the goal is to bring groups together and build bridges between us.”
He emphasizes the importance of collective work: “It’s really about helping each other. So that when there are important legal precedents, we can share them.”
In terms of concrete actions, he suggests several ways to get involved: “People can help us. They can become members, participate in inventories and various tasks to help the Chorus Frog.” He adds that “when it comes to legislation, I can’t help. I don’t understand the laws.”
However, he emphasizes local actions: “There are a lot of invasive exotic plants that need to be removed. We need to do restoration work, plant trees, and make representations to municipalities.”
Finally, he emphasizes the importance of coming together: “We once joined forces with the Green Coalition. It was a major project that led to the Metropolitan Development Plan and the Green Belt movement. We were truly united as environmental groups.”
He concluded by emphasizing the importance of citizen mobilization: “We really need to come together to prevent all the work that has been done over the past 30 years from having to be repeated.”
Montpetit emphasizes the importance of sharing information and mobilizing: “When we talk about health, schools, or homelessness, people unite and achieve results, but it seems that when it comes to nature, we forget that nature is us. Nature filters our water.”
He emphasizes the need for a united front: “We’re due for a united front on the environment, a real one, where there won’t be any particular interests to defend.”
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