Frequently Asked Questions

Fairy Creek Vancouver Island, British Columbia (BC), Canada: One of the last old growth forests whose trees are the nests, habitat for Marbled Murrelet and other endangered migratory birds protected by an international treaty between Canada, the United States, Mexico, Japan and Russia.

Who are the Friends of Fairy Creek?

A group of concerned citizens and professionals who have joined together to preserve the remaining Old Growth forests and stands of trees.

What qualifies a tree to be recognized as Old Growth?
Coastal Cedars and other trees that have been growing for at least 250 years or more are Old Growth. Some Old Growth has been dated to be as old as 4,000 years.

How are the Friends of Fairy Creek going to end the logging of Old Growth?

We have filed a Court Petition in the Supreme Court of British Columbia, Canada seeking a Declaration that has not previously been requested.

What is it that we are doing that has not been done before?
We are asking the Court to recognize and declare the Law of the Treaty as set forth in the Migratory Birds Treaty/Migratory Birds Convention Act and Migratory Birds regulations, laws that apply to the entire nation of Canada which prohibit damage, destruction or dismantling of the habitat/nests of protected migratory birds, including the Marbled Murrelet and other Old Growth dependent bird species.

Why are we bringing this legal action?
To preserve the Marbled Murrelet and other Treaty protected species that rely on Old Growth for their nests. They do not build a nest. They use the upper mossy platform limbs of Old Growth trees as their nests. If their nests are cut down, the species that rely on the tree risk extinction.

What nations are signatory to the Migratory Birds Treaty?

Canada, the United States, Mexico, Japan and Russia.

Why are all these nations members of the Migratory Birds Treaty?
They recognize the importance of the migratory birds to the ecology, climate and environment of all the member nations. The Treaty was first signed by the 5 member nations in 1916 and re-ratified in 1994 by the US and Canada and all other member nations have continued their membership status, in recognition of the need to preserve migratory birds.

What are the numbers?
21.8% of the MaMu or more than 200 that were likely breading on TFL46 in 2012 have been lost in the last 10 years because their nests were cut down.

Who must answer the Court application?
The Attorney General of Canada and the Attorney General of British Columbia.

Why are migratory birds like the Marbled Murrelet important to the future of the planet?
Migratory birds have been protected since 1916. The Marbled Murrelet is important to both marine and forest ecosystems. By holding the Canadian government accountable we will halt the destruction of the birds’ nests and thereby the Old Growth forest as a whole.

How can I help?
You can support our legal action and help cover our legal costs by making a donation through our donations page.