Toronto Star

Councillor­s livid at shark-fin decision

Possible appeal after judge deems ban invalid

- MICAH LUXEN STAFF REPORTER

Toronto councillor­s are expressing outrage and say they may appeal after the Ontario Superior Court overruled a city ban on shark fins.

“I think that decision is fundamenta­lly flawed and fundamenta­lly wrong,” Councillor Glenn De Baeremaeke­r said Saturday after Justice James Spence ruled Friday that a bylaw banning shark fins fell outside the city’s jurisdicti­on. De Baeremaeke­r, along with Councillor Kristyn Wong-Tam, was a proponent of the 2011 bylaw that ruled no one shall possess, sell or consume shark fin or shark fin food products within the city.

“There’s no right-thinking person in the city of Toronto who would think it’s acceptable to take an ani- mal out of the ocean, slice off its fins and throw it back in the ocean, where it’s going to drown or bleed to death or be eaten by other animals.”

After city councillor­s voted in favour of the ban 38-4 in the fall of 2011, Chinese community and business leaders challenged the bylaw in court. In their applicatio­n to appeal, they said the bylaw is an insult to the Chinese community; fins are used to make shark fin soup, a traditiona­l Chinese delicacy served at weddings and special occasions.

“The city has not banned, or even considered banning, any other food or clothing products enjoyed by any other ethnic groups, where the animals from which the food or skin or fur is obtained are raised or killed in ways that most residents of the city would consider painful and cruel if they were aware of it,” they wrote in their appeal.

In his ruling Friday, Spence agreed with four challenger­s — Barbara Chiu, Hughes Eng, Peter Tam, and Jacky Ma — who argued the bylaw is constituti­onally invalid because the municipali­ty lacks the authority to protect national resources that never come within provincial waters, such as sharks.

John Leung, co-chair of the Fair and Responsibl­e Governance Alliance, who spoke on behalf of the challenger­s, said he’s pleased with the court decision. “City councillor­s should focus on the well-being and interests of the city, so they would not waste the city’s resources and the taxpayers’ money.”

De Baeremaeke­r said he believes the city has every right to pass legislatio­n to stop animal cruelty and to ban products.

“What we do in Toronto impacts the entire world. If we use ivory for our jewelry and piano keys, elephants in Africa get slaughtere­d — it’s very simple to understand the connection between our actions here and what happens globally.”

Wong-Tam said the city will review options.

“That includes carefully vetting the ruling to determine our next course of action, and we should not rule out an appeal.”

 ?? LIPO CHING/MCT ?? Shark fins, which are popular among the Chinese community, are used to make a traditiona­l soup served at weddings and special occasions.
LIPO CHING/MCT Shark fins, which are popular among the Chinese community, are used to make a traditiona­l soup served at weddings and special occasions.

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