BIODIVERSITYBIODIVERSITYEndangered Species Policy ReformEndangered Species Policy Reform

Introduction Introduction

Canada is one of the largest countries in the world, and is one of the few places left in the world that Canada is one of the largest countries in the world, and is one of the few places left in the world that still contains large natural ecosystems. The variety of natural ecosystems and species that inhabit still contains large natural ecosystems. The variety of natural ecosystems and species that inhabit them is mainly due to the fact that the pristine environment that does exist is untouched by human them is mainly due to the fact that the pristine environment that does exist is untouched by human action. To ensure that this legacy continues, that Canada can preserve its natural environment, action. To ensure that this legacy continues, that Canada can preserve its natural environment, effective policies must ensure that this occurs. Endangered species legislation is so vital because it is effective policies must ensure that this occurs. Endangered species legislation is so vital because it is endangered species legislation that helps to protect species from becoming extinct. endangered species legislation that helps to protect species from becoming extinct.

According to the Committee on the Status of Endangered Wildlife in Canada, there are currently 516 According to the Committee on the Status of Endangered Wildlife in Canada, there are currently 516 plant and animal species at risk in Canada...Another 13 species are already extinct.[1] plant and animal species at risk in Canada...Another 13 species are already extinct.[1]

Our ecosystem is a balance of species, and to interrupt that balance could cause severe implications to Our ecosystem is a balance of species, and to interrupt that balance could cause severe implications to our environment. Also species once extinct can not be replaced, and their intrinsic value is infinite. our environment. Also species once extinct can not be replaced, and their intrinsic value is infinite. Specific human centered reasons for protecting wildlife species also exist such as ecosystem benefits, Specific human centered reasons for protecting wildlife species also exist such as ecosystem benefits, to maintain healthy ecological functions and processes; recreational, economic and aesthetic benefits, to maintain healthy ecological functions and processes; recreational, economic and aesthetic benefits, wildlife based activity such as eco-tourism is a growing industry that provides numerous social, cultural wildlife based activity such as eco-tourism is a growing industry that provides numerous social, cultural and aesthetic values; food and medicine; and ethics, the human species does not have the moral right and aesthetic values; food and medicine; and ethics, the human species does not have the moral right to cause the extinction of another species.to cause the extinction of another species.

[1][1] Government of Canada, Environment Canada, Human Canadian Wildlife Service, Species at Risk Government of Canada, Environment Canada, Human Canadian Wildlife Service, Species at Risk Branch, Branch, Species at RiskSpecies at Risk, 14 Feb 06, 4 Jun 06, 14 Feb 06, 4 Jun 06www.speciesatrisk.gc.ca/default_e.cfmwww.speciesatrisk.gc.ca/default_e.cfm

Causes of ExtinctionCauses of Extinction Extinction can occur naturally however the Extinction can occur naturally however the

vast majority of the causes leading to vast majority of the causes leading to species extinction come from human species extinction come from human intervention on the planet. intervention on the planet.

Human beings have caused Human beings have caused • habitat destruction and degradation (loss of habitat destruction and degradation (loss of

wetlands, grasslands, old growth forests)wetlands, grasslands, old growth forests)• resource exploitation (hunting and poaching, resource exploitation (hunting and poaching,

illegal trade)illegal trade)• incompatible land use and development (road incompatible land use and development (road

construction, urban sprawl)construction, urban sprawl)• climate change (excessive carbon emissions)climate change (excessive carbon emissions)• toxic pollution (bioaccumulation of persistent toxic pollution (bioaccumulation of persistent

contaminants)contaminants) Endangered species can not defend Endangered species can not defend

themselves from human intervention. Only themselves from human intervention. Only the actions of human beings can help to the actions of human beings can help to ensure their survival. Therefore it is so ensure their survival. Therefore it is so important for effective legislation to exist.important for effective legislation to exist.

Much of the wildlife currently in existence is Much of the wildlife currently in existence is attributed to earlier wildlife policies. As attributed to earlier wildlife policies. As well many depleted wildlife populations well many depleted wildlife populations have been restored and habitats protected have been restored and habitats protected with the aid of wildlife rehabilitation plans with the aid of wildlife rehabilitation plans and capture, breeding and release and capture, breeding and release programs. programs.

Current governmental policy is making Current governmental policy is making strides to ensure endangered species are strides to ensure endangered species are protected. However the government is protected. However the government is being called upon by society to take further being called upon by society to take further action to improve the current policies.action to improve the current policies.

Background: Endangered Species Background: Endangered Species LegislationLegislation

The federal government of Canada has been developing various laws and policies The federal government of Canada has been developing various laws and policies intended to protect wildlife. Canada has enacted the National Parks Act, the Wild intended to protect wildlife. Canada has enacted the National Parks Act, the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, and the Canada Wildlife Act. Similarly, Canada played a key role at the 1992 Rio Act, and the Canada Wildlife Act. Similarly, Canada played a key role at the 1992 Rio Earth Summit in drafting and adopting the Convention on Biological Diversity, which Earth Summit in drafting and adopting the Convention on Biological Diversity, which Canada subsequently ratified. The Convention states that it requires Canada (and Canada subsequently ratified. The Convention states that it requires Canada (and other signatories) to “as far as possible and as appropriate, develop and maintain other signatories) to “as far as possible and as appropriate, develop and maintain necessary legislation…for the protection of threatened species and populations.” In necessary legislation…for the protection of threatened species and populations.” In 1993, the House of Commons Standing Committee on Environment considered 1993, the House of Commons Standing Committee on Environment considered CanadaCanada’’s obligations under the Convention, and concluded that the absence of s obligations under the Convention, and concluded that the absence of federal endangered species legislation had to be addressed by Parliament. The federal endangered species legislation had to be addressed by Parliament. The Standing Committee further recommended that “the Government of Canada, working Standing Committee further recommended that “the Government of Canada, working with the provinces and territories…take immediate steps to develop an integrated with the provinces and territories…take immediate steps to develop an integrated legislative approach to the protection of endangered species, habitat, ecosystems legislative approach to the protection of endangered species, habitat, ecosystems and biodiversity in Canada.”[1] and biodiversity in Canada.”[1]

[1] [1] Standing Committee on Environment, A Global Partnership:Canada and the Standing Committee on Environment, A Global Partnership:Canada and the Conventions of the United Nations Conference on Environment and Development Conventions of the United Nations Conference on Environment and Development (April 1993), p30.(April 1993), p30.

Species At Risk ActSpecies At Risk Act

The early history of the Species at Risk Act (SARA) encountered difficulties in The early history of the Species at Risk Act (SARA) encountered difficulties in becoming law. It was first introduced as Bill C-5 in 2001, and died on the table, later becoming law. It was first introduced as Bill C-5 in 2001, and died on the table, later re-introduced in 2002, and finally made law in 2003 as Bill C-29. Previous to this re-introduced in 2002, and finally made law in 2003 as Bill C-29. Previous to this were, Bill C-33 the Species at Risk Act, called in 2000 and died on the order paper in were, Bill C-33 the Species at Risk Act, called in 2000 and died on the order paper in 2001 and Bill C-65, the Canadian Endangered Species Protection Act (CESPA) called 2001 and Bill C-65, the Canadian Endangered Species Protection Act (CESPA) called in 1996 and died on the order paper in 1997.in 1996 and died on the order paper in 1997.

Two new recitals would be added to the Preamble in Bill C-5. One, which would be Two new recitals would be added to the Preamble in Bill C-5. One, which would be the 11th recital, would recognize that sometimes the cost of conserving species at the 11th recital, would recognize that sometimes the cost of conserving species at risk should be shared. Another new recital, which would be the second-last one, risk should be shared. Another new recital, which would be the second-last one, would recognize that the habitat of species at risk is key to their conservation. Both would recognize that the habitat of species at risk is key to their conservation. Both of these additions reflect suggestions made by some witnesses who commented on of these additions reflect suggestions made by some witnesses who commented on Bill C-33.[2] Bill C-33.[2]

As the bill went through its stages of development, to become Bill C-29 Species at As the bill went through its stages of development, to become Bill C-29 Species at Risk Act, it was further improved for the betterment of protecting endangered Risk Act, it was further improved for the betterment of protecting endangered species in Canada. species in Canada.

[2] [2] Douglas, Kristen, Law and Government Division, Parliamentary Research Branch, Douglas, Kristen, Law and Government Division, Parliamentary Research Branch, Government of Canada, Legislative Summary (LS-438E) “Bill C-5: The Species at Risk Government of Canada, Legislative Summary (LS-438E) “Bill C-5: The Species at Risk Act” Online posting, 10 Oct 02, 4 Jun 06 Act” Online posting, 10 Oct 02, 4 Jun 06 <http://www.sararegistry.gc.ca/the_act/legislative_summary_e.pdf><http://www.sararegistry.gc.ca/the_act/legislative_summary_e.pdf>

Federal & Provincial ResponsibilityFederal & Provincial Responsibility

Furthermore the Canadian government through its legislation does not Furthermore the Canadian government through its legislation does not specifically designate the responsibility of endangered species to either specifically designate the responsibility of endangered species to either federal or provincial governments. This causes a problem with protecting federal or provincial governments. This causes a problem with protecting species at risk because without this designation there is no accountability, species at risk because without this designation there is no accountability, since no one government office is responsible if a species becomes extinct. since no one government office is responsible if a species becomes extinct. There are also problems with ensuring that proper legislation is put into There are also problems with ensuring that proper legislation is put into place because of this lack of accountability, and more time is taken to place because of this lack of accountability, and more time is taken to ensure that a species is protected because there is no automatic action ensure that a species is protected because there is no automatic action that is taken since there is no specific government in charge of the that is taken since there is no specific government in charge of the situation. It becomes a public concern, and until citizens, scientists, and situation. It becomes a public concern, and until citizens, scientists, and organizations get involved and are able to pressure the government no organizations get involved and are able to pressure the government no action is taken and this is a great risk for the endangered species.action is taken and this is a great risk for the endangered species.

Although the responsibility of endangered species is not specifically Although the responsibility of endangered species is not specifically designated to either the federal or provincial governments, legislative designated to either the federal or provincial governments, legislative jurisdiction over wildlife species rests primarily with the provinces, jurisdiction over wildlife species rests primarily with the provinces, according to the Constitution Act. However many critics argue that according to the Constitution Act. However many critics argue that endangered species legislation should fall under federal responsibility endangered species legislation should fall under federal responsibility because,because,

There is a persuasive argument to be made that the Parliament of Canada There is a persuasive argument to be made that the Parliament of Canada has sufficient competence under the “national dimension” facet of its has sufficient competence under the “national dimension” facet of its “P.O.G.G.[peace, order and good government] power” (including the “P.O.G.G.[peace, order and good government] power” (including the “treaty power”, however interpreted) to exercise jurisdiction over all “treaty power”, however interpreted) to exercise jurisdiction over all aspects of endangered species protection.[3]aspects of endangered species protection.[3]

Most provincial governments have specific endangered species laws; Most provincial governments have specific endangered species laws; however they are neither comprehensive nor consistent. however they are neither comprehensive nor consistent.

OntarioOntario’’s Endangered Species Act, for example, contains a number of flaws s Endangered Species Act, for example, contains a number of flaws and loopholes typical of provincial species legislation, such as: the listing and loopholes typical of provincial species legislation, such as: the listing process is slow, bureaucratic, and highly discretionary, which has resulted process is slow, bureaucratic, and highly discretionary, which has resulted in only a small number of flora and fauna being designated at “threatened in only a small number of flora and fauna being designated at “threatened with extinction”…recovery plans are not mandatory for the relatively few with extinction”…recovery plans are not mandatory for the relatively few species that have been officially declared to be “threatened with species that have been officially declared to be “threatened with extinction”; the legislation does not require any comprehensive extinction”; the legislation does not require any comprehensive assessments of projects or undertakings that may impact species at risk or assessments of projects or undertakings that may impact species at risk or their habitat; and the enforcement of the Acttheir habitat; and the enforcement of the Act’’s prohibitions has been s prohibitions has been sporadic and ineffective over the past four decades.[4]sporadic and ineffective over the past four decades.[4]

[4] [4] Lindgren, Richard D. Lindgren, Richard D. The Species at Risk Act: An Overview: Report The Species at Risk Act: An Overview: Report No.408No.408.Online Posting. Toronto: Canadian Environmental Law Association, .Online Posting. Toronto: Canadian Environmental Law Association, 25 Sept 01, p.10 <www.cela.ca>25 Sept 01, p.10 <www.cela.ca>

Committee on the Status of Committee on the Status of Endangered Wildlife in CanadaEndangered Wildlife in Canada

The Committee on the Status of Endangered Wildlife in Canada (COSEWIC) was The Committee on the Status of Endangered Wildlife in Canada (COSEWIC) was created in 1977 as the single, official, scientifically based, national classification of created in 1977 as the single, official, scientifically based, national classification of wildlife organization for species at risk in Canada. Its role is to assess the wildlife organization for species at risk in Canada. Its role is to assess the conservation status of species that may be at risk and report the results of its conservation status of species that may be at risk and report the results of its assessment to the Canadian Endangered Species Conservation Council (CESCC), the assessment to the Canadian Endangered Species Conservation Council (CESCC), the government of Canada and the Canadian population. In so doing it aims to ensure government of Canada and the Canadian population. In so doing it aims to ensure that endangered species are recognized and protected from extinction. Its that endangered species are recognized and protected from extinction. Its assessment process is independent, transparent and uses a multifaceted approach, assessment process is independent, transparent and uses a multifaceted approach, using scientific, Aboriginal and community knowledge to assess species. using scientific, Aboriginal and community knowledge to assess species.

Currently COSEWIC consists of thirty members from each of the thirteen provincial Currently COSEWIC consists of thirty members from each of the thirteen provincial and territorial government wildlife agencies. The members of COSEWIC are and territorial government wildlife agencies. The members of COSEWIC are university academics, independent specialists, Aboriginal peoples or government, university academics, independent specialists, Aboriginal peoples or government, and scientists. COSEWIC has always had the power to designate species on an and scientists. COSEWIC has always had the power to designate species on an emergency basis. In June 2003, the Species at Risk Act (SARA) established COSEWIC emergency basis. In June 2003, the Species at Risk Act (SARA) established COSEWIC as an advisory body. Under SARA, the government of Canada will take into as an advisory body. Under SARA, the government of Canada will take into consideration COSEWICconsideration COSEWIC’’s designations when establishing the legal list of species at s designations when establishing the legal list of species at risk. An important yearly publication is made by COSEWIC to deliver its research risk. An important yearly publication is made by COSEWIC to deliver its research information including identifying species at risk.information including identifying species at risk.

Environmental Non-Governmental Environmental Non-Governmental OrganizationsOrganizations

Environmental non-governmental organizations (ENGOs) are those devoted to Environmental non-governmental organizations (ENGOs) are those devoted to protecting the environment but are not affiliated to the government. Endangered protecting the environment but are not affiliated to the government. Endangered species have numerous ENGOs working on their behalf. Some of the most notable species have numerous ENGOs working on their behalf. Some of the most notable ENGOs in Canada include the International Fund for Animal Welfare (IFAW), and the ENGOs in Canada include the International Fund for Animal Welfare (IFAW), and the Sierra Club of Canada. Sierra Club of Canada.

IFAW was established to fight against the killing of harp and hood seals for IFAW was established to fight against the killing of harp and hood seals for commercial use. It has since expanded to include a wide range of animals. It fights commercial use. It has since expanded to include a wide range of animals. It fights against commercial exploitation and illegal trade and the destruction of wilderness against commercial exploitation and illegal trade and the destruction of wilderness habitat, and participates in rescuing animals in distress. IFAWhabitat, and participates in rescuing animals in distress. IFAW’’s mission includes the s mission includes the prevention of animal cruelty (through cosmetic testing and pet abuse) and the prevention of animal cruelty (through cosmetic testing and pet abuse) and the creation of an emergency relief team to rescue animals after natural and man-made creation of an emergency relief team to rescue animals after natural and man-made disasters. The organization focuses on a partnership structure to implement its disasters. The organization focuses on a partnership structure to implement its policies IFAW works closely with government departments, other ENGOs, and the policies IFAW works closely with government departments, other ENGOs, and the public. Some of its projects include whaling, illegal trade of African elephant parts. public. Some of its projects include whaling, illegal trade of African elephant parts. And IFAW concentrates largely on research projects.And IFAW concentrates largely on research projects.

The Sierra Club of Canada focuses on loss of animal and plant species. It The Sierra Club of Canada focuses on loss of animal and plant species. It promotes energy efficiency, protects forests from clear-cutting, and conserves promotes energy efficiency, protects forests from clear-cutting, and conserves biodiversity. biodiversity.

In the area of endangered species protection the Sierra Club helped to form the In the area of endangered species protection the Sierra Club helped to form the Canadian Coalition of Biodiversity and the Canadian Endangered Species Coalition Canadian Coalition of Biodiversity and the Canadian Endangered Species Coalition with other national conservation organizations.with other national conservation organizations.[1][1]

In 1997, the Sierra Club waged a petition campaign to the Ministry of Environment to In 1997, the Sierra Club waged a petition campaign to the Ministry of Environment to Endangered Species Bill Endangered Species Bill –– 65 (which eventually died). The fact that ENGOs are able to 65 (which eventually died). The fact that ENGOs are able to accomplish so much with their influence, by creating and making changes in accomplish so much with their influence, by creating and making changes in legislation indicates that ENGOs make an important impact on environmental policy. legislation indicates that ENGOs make an important impact on environmental policy.

While some ENGOs function on a regional basis and are concerned with While some ENGOs function on a regional basis and are concerned with specific habitat areas or provincial jurisdictions. For example the Manitoba Wildlife specific habitat areas or provincial jurisdictions. For example the Manitoba Wildlife Federation is the oldest conservation group in that province. Like other federations, Federation is the oldest conservation group in that province. Like other federations, it has local affiliate clubs of hunters, anglers and naturalists throughout the province. it has local affiliate clubs of hunters, anglers and naturalists throughout the province. The federation is a charitable organization and founded the MWF Habitat Found Inc. The federation is a charitable organization and founded the MWF Habitat Found Inc. to collect monetary and land donations to help preserve natural areas. Land owners to collect monetary and land donations to help preserve natural areas. Land owners can contribute toward preserving wildlife while retaining their land title.can contribute toward preserving wildlife while retaining their land title.

[1][1] Dwivedi, O.P., Kyba, J.P., Stoett, P., Tiessen, R., Eds. Dwivedi, O.P., Kyba, J.P., Stoett, P., Tiessen, R., Eds. Sustainable Development Sustainable Development and Canada: National and International Policy Perspectivesand Canada: National and International Policy Perspectives. Peterborough: Broadview . Peterborough: Broadview Press, 2001, p.95.Press, 2001, p.95.

Case Studies : Habitat ProtectionCase Studies : Habitat Protection As drafted, SARA does not confer mandatory protection of As drafted, SARA does not confer mandatory protection of

habitat for any species at risk, habitat for any species at risk, unlessunless Cabinet makes a Cabinet makes a discretionary decision to designate and protect a particular discretionary decision to designate and protect a particular speciesspecies’’ “critical habitat” on a case-by-case basis…Even if “critical habitat” on a case-by-case basis…Even if Cabinet was inclined to make such an order for a particular Cabinet was inclined to make such an order for a particular species, there are no timelines prescribed by SARA for the species, there are no timelines prescribed by SARA for the identification of critical habitat, and recovery strategies and identification of critical habitat, and recovery strategies and action plans are only required to identify critical habitat “if action plans are only required to identify critical habitat “if possible”possible”[1][1]

The passing of the law Bill C-29 Species at Risk Act (SARA) was The passing of the law Bill C-29 Species at Risk Act (SARA) was criticized by many including scientists who claim that the bill criticized by many including scientists who claim that the bill does not protect endangered species habitat, but is restricted does not protect endangered species habitat, but is restricted to their to their ‘‘critical habitatcritical habitat’’, and this would not really be enough to , and this would not really be enough to ensure that the species can survive. In the bill, habitat is ensure that the species can survive. In the bill, habitat is currently defined as a specific dwelling site such as a den, nest, currently defined as a specific dwelling site such as a den, nest, or other area occupied or habitually occupied by an individual or other area occupied or habitually occupied by an individual or population during part of its life cycle, including breeding, or population during part of its life cycle, including breeding, rearing and hibernating. This definition is limited and does not rearing and hibernating. This definition is limited and does not protect the entire habitat of the species, making it very protect the entire habitat of the species, making it very vulnerable to extinction. As well this definition is ambiguous. vulnerable to extinction. As well this definition is ambiguous. A calving ground is clearly occupied by a population of Caribou, A calving ground is clearly occupied by a population of Caribou, but only portions of it are habitually occupied by an individual. but only portions of it are habitually occupied by an individual.

While the population of any wild species can be spread over a While the population of any wild species can be spread over a large area, its actual distribution may be scattered in individual large area, its actual distribution may be scattered in individual pockets of prime, preferred habitat… In one part of the pockets of prime, preferred habitat… In one part of the province a species may be abundant while in another part it province a species may be abundant while in another part it may be stressed because of localized human activities.may be stressed because of localized human activities.[2][2]

[1][1] Lindgren, Richard D. Lindgren, Richard D. The Species at Risk Act: An Overview: The Species at Risk Act: An Overview: Report No.408Report No.408.Online Posting. Toronto: Canadian .Online Posting. Toronto: Canadian Environmental Law Association, 25 Sept 01, p.17 Environmental Law Association, 25 Sept 01, p.17 <www.cela.ca><www.cela.ca>

[2] [2] Penner, Barry. “Taking steps to protect species at risk” Penner, Barry. “Taking steps to protect species at risk” The Chilliwack ProgressThe Chilliwack Progress. Online. 13 Jun 06. . Online. 13 Jun 06. <proquest.umi.com.cerberus.lib.uoguelph.ca><proquest.umi.com.cerberus.lib.uoguelph.ca>

The Spirit BearThe Spirit Bear

In Alberta, only 3,000 woodland caribou remain, a decline of about sixty percent since the 1960s. In Alberta, only 3,000 woodland caribou remain, a decline of about sixty percent since the 1960s. Many herds will face extinction if current development plans go ahead. Habitat protection in Many herds will face extinction if current development plans go ahead. Habitat protection in legislation is crucial to the survival of endangered species.legislation is crucial to the survival of endangered species.

To illustrate this further is the case study of the To illustrate this further is the case study of the ‘‘Spirit BearSpirit Bear’’, the white Kermode, a genetically , the white Kermode, a genetically unique subspecies of the black bear that is critically endangered, with fewer than four hundred unique subspecies of the black bear that is critically endangered, with fewer than four hundred bears in existence.bears in existence.[3][3] The bear requires the full protection of its habitat. The land use agreement The bear requires the full protection of its habitat. The land use agreement signed by the British Columbia government protects two-thirds of the Spirit Bearsigned by the British Columbia government protects two-thirds of the Spirit Bear’’s last intact s last intact habitat, yet the final third, an area known as the Green-Sheep passage/Tolmie option area or Green habitat, yet the final third, an area known as the Green-Sheep passage/Tolmie option area or Green Watershed, remained completely threatened until just recently.Watershed, remained completely threatened until just recently.

[3][3] Jackson, Simon, founder. SBYC: Spirit Bear Youth Coalition. 9 July 06. Jackson, Simon, founder. SBYC: Spirit Bear Youth Coalition. 9 July 06. <www.spiritbearyouth.org><www.spiritbearyouth.org>

The Northern Spotted OwlThe Northern Spotted Owl Secondly the Northern Spotted Owl is a critically Secondly the Northern Spotted Owl is a critically

endangered species with about twenty-two animals endangered species with about twenty-two animals remaining [in Canada].remaining [in Canada].[4][4] It inhabits the coniferous It inhabits the coniferous forests of the Pacific Northwest. The British Columbia forests of the Pacific Northwest. The British Columbia governmentgovernment’’s plan allows logging of critical owl s plan allows logging of critical owl habitat, focuses on capture, breeding, and release but habitat, focuses on capture, breeding, and release but does not protect the old growth forests the owls need does not protect the old growth forests the owls need to survive. Although British Columbia has the greatest to survive. Although British Columbia has the greatest biodiversity of any Canadian province it is one of only biodiversity of any Canadian province it is one of only two provinces without provincial species legislation. two provinces without provincial species legislation. “The 45 newly listed threatened species in British “The 45 newly listed threatened species in British Columbia represent 8.5% of all the species at risk in Columbia represent 8.5% of all the species at risk in Canada.”Canada.”[5][5] This is a clear correlation to the fact that This is a clear correlation to the fact that the lack of legislation in B.C. is detrimental to the the lack of legislation in B.C. is detrimental to the conservation of species. conservation of species.

In December of 2005 British Columbia environmental In December of 2005 British Columbia environmental groups filed a lawsuit under Canadagroups filed a lawsuit under Canada’’s Species at Risk s Species at Risk Act, seeking federal government intervention to Act, seeking federal government intervention to protect the owl since no provincial legislation exists. protect the owl since no provincial legislation exists. The spotted owl lawsuit was launched on behalf of the The spotted owl lawsuit was launched on behalf of the Western Canada Wilderness Committee, David Suzuki Western Canada Wilderness Committee, David Suzuki Foundation, Environmental Defence and ForestEthics. Foundation, Environmental Defence and ForestEthics. It took a combined effort to create support for this It took a combined effort to create support for this attempt to save the owl, even though under Canadaattempt to save the owl, even though under Canada’’s s Species at Risk Act it is a provision that crosses the Species at Risk Act it is a provision that crosses the provincial-federal jurisdictions in order to ensure the provincial-federal jurisdictions in order to ensure the survival of a species.survival of a species.

[4] [4] ““2010 Winter Olympics Prompt B.C. Plan to 2010 Winter Olympics Prompt B.C. Plan to Recover Spotted OwlRecover Spotted Owl”” Environment News ServiceEnvironment News Service.1 .1 May 2006. 1 June 2006. May 2006. 1 June 2006. <www.ens-newswire.com/ens/may2006/2006-05-01-<www.ens-newswire.com/ens/may2006/2006-05-01-02.asp>02.asp>

[5] [5] Penner, Barry. “Taking steps to protect species at Penner, Barry. “Taking steps to protect species at risk” risk” The Chilliwack ProgressThe Chilliwack Progress. Online. 13 Jun 06. . Online. 13 Jun 06. <proquest.umi.com.cerberus.lib.uoguelph.ca><proquest.umi.com.cerberus.lib.uoguelph.ca>

Listing & Scientific ResearchListing & Scientific Research Bill C-29, Species at Risk Act, has problems regarding its listing procedure. It should be wary of Bill C-29, Species at Risk Act, has problems regarding its listing procedure. It should be wary of

listing a species as non-endangered due to species having other populations internationally. listing a species as non-endangered due to species having other populations internationally. Although a species may be located in other places in the world this does not ensure that that Although a species may be located in other places in the world this does not ensure that that species will be protected from extinction. More geographical locations of a species increases the species will be protected from extinction. More geographical locations of a species increases the assurance that that species will survive into the future. Not only does it ensure that another assurance that that species will survive into the future. Not only does it ensure that another population exists elsewhere in case that other population becomes threatened by extinction. But as population exists elsewhere in case that other population becomes threatened by extinction. But as well it ensures that genetic diversity exists. well it ensures that genetic diversity exists.

As well, scientists observed that the bill does not ensure that scientists would be the ones to As well, scientists observed that the bill does not ensure that scientists would be the ones to determine that a species was at risk, but left the decision to cabinet ministers, who would be given determine that a species was at risk, but left the decision to cabinet ministers, who would be given recommendations by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC). recommendations by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC). Furthermore it should be noted that SARA also authorizes the listing of a species that is in rapid Furthermore it should be noted that SARA also authorizes the listing of a species that is in rapid decline and facing imminent threat to its survival. “However, this decline and facing imminent threat to its survival. “However, this ‘‘emergency listingemergency listing’’ power is also power is also subject to the discretion of the federal Environment Minister and Cabinet.”subject to the discretion of the federal Environment Minister and Cabinet.”[1][1] Therefore many Therefore many species that scientists are reporting at risk will not necessarily be listed for protection.species that scientists are reporting at risk will not necessarily be listed for protection.

[1][1] Lindgren, Richard D. Lindgren, Richard D. The Species at Risk Act: An Overview: Report No.408The Species at Risk Act: An Overview: Report No.408.Online Posting. .Online Posting. Toronto: Canadian Environmental Law Association, 25 Sept 01, p.15-16 <www.cela.ca>Toronto: Canadian Environmental Law Association, 25 Sept 01, p.15-16 <www.cela.ca>

COSEWIC: Listing & Scientific COSEWIC: Listing & Scientific ResearchResearch

Scientists protested that the Committee on the Status of Endangered Wildlife in Scientists protested that the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) should have the legal authority for listing species, ensuring that Canada (COSEWIC) should have the legal authority for listing species, ensuring that all threatened species needing protection are listed. Bill C-29 does not require that all threatened species needing protection are listed. Bill C-29 does not require that the scientific designations be adopted nor does it require any form of justification the scientific designations be adopted nor does it require any form of justification from listing decisions that diverge from COSEWIC designations. Excessive political from listing decisions that diverge from COSEWIC designations. Excessive political discretion in the listing process undermines the credibility of Bill C-29. Scientific discretion in the listing process undermines the credibility of Bill C-29. Scientific research and information should be the guidelines by which a law that protects research and information should be the guidelines by which a law that protects endangered species be based upon. If political will can determine which species are endangered species be based upon. If political will can determine which species are being placed on the list of endangered species than species being placed there may being placed on the list of endangered species than species being placed there may not be placed there for the appropriate reasons. not be placed there for the appropriate reasons.

For instance if a certain fish species was endangered, and recommended to the list For instance if a certain fish species was endangered, and recommended to the list by COSEWIC, however the fishing industry was pressuring politicians not to place that by COSEWIC, however the fishing industry was pressuring politicians not to place that species on the list due to economical reasons, this could cause the extinction of that species on the list due to economical reasons, this could cause the extinction of that fish species. fish species. “It is noteworthy that a significant number of Ontario species found to “It is noteworthy that a significant number of Ontario species found to be at risk by COSEWIC have yet to be designated under Ontario’be at risk by COSEWIC have yet to be designated under Ontario’s Endangered s Endangered Species Act.”[2] The Eastern Cod is an example of such a species that was Species Act.”[2] The Eastern Cod is an example of such a species that was recommended by a scientific body to be protected however was not placed on the list recommended by a scientific body to be protected however was not placed on the list of endangered species and almost became extinct. of endangered species and almost became extinct.

[2] [2] Lindgren, Richard D. Lindgren, Richard D. The Species at Risk Act: An Overview: Report No.408The Species at Risk Act: An Overview: Report No.408.Online .Online Posting. Toronto: Canadian Environmental Law Association, 25 Sept 01, p.10. Posting. Toronto: Canadian Environmental Law Association, 25 Sept 01, p.10. www.cela.cawww.cela.ca

The Eastern CougarThe Eastern Cougar The Eastern Cougar and Northern The Eastern Cougar and Northern

Spotted Owl are non-migrating Spotted Owl are non-migrating internationally ranging species. internationally ranging species. Protection for these animals would Protection for these animals would depend in part on whether the depend in part on whether the Canadian populations are listed as Canadian populations are listed as geographically distinct from the geographically distinct from the populations in the United States. If the populations in the United States. If the Eastern Cougar is identified as part of Eastern Cougar is identified as part of an international population then Bill C-an international population then Bill C-29 will make it legal to kill or harm an 29 will make it legal to kill or harm an individual or destroy its residence individual or destroy its residence anywhere in Canada. International anywhere in Canada. International cooperation has helped to keep cooperation has helped to keep endangered species from extinction. endangered species from extinction. For example by recovering extirpated For example by recovering extirpated species in one nation by reintroducing species in one nation by reintroducing individuals from another. This has individuals from another. This has occurred with sea otters in British occurred with sea otters in British Columbia and grey wolves in Columbia and grey wolves in Yellowstone National Park. This should Yellowstone National Park. This should be taken into consideration when be taken into consideration when developing policy. If all countries developing policy. If all countries protected endangered species within protected endangered species within their borders it would help to ensure their borders it would help to ensure the survival of the species worldwide.the survival of the species worldwide.

Federal & Private LandsFederal & Private Lands Bill C-29, CanadaBill C-29, Canada’’s Species at Risk Act, appears to be a good start towards s Species at Risk Act, appears to be a good start towards

species protection; however it does not apply throughout Canada.species protection; however it does not apply throughout Canada. It should be noted, however that…[the]…broad prohibitions…[in SARA]…do It should be noted, however that…[the]…broad prohibitions…[in SARA]…do

not apply to species on provincial lands…not apply to species on provincial lands…unlessunless the Cabinet makes a the Cabinet makes a discretionary order providing that the prohibitions apply to such species…discretionary order providing that the prohibitions apply to such species…Such an order cannot be made unless the federal Environment Minister Such an order cannot be made unless the federal Environment Minister ‘‘is is of the opinion that the laws of the province do not protect the species.of the opinion that the laws of the province do not protect the species.’’[1][1]

In CanadaIn Canada’’s ten provinces Bill C-29 Species at Risk Acts ten provinces Bill C-29 Species at Risk Act’’s prohibitions, s prohibitions, emergency orders, and regulations under recovery plans will apply only on emergency orders, and regulations under recovery plans will apply only on federal lands and waters. For example the endangered Aurora trout, federal lands and waters. For example the endangered Aurora trout, currently suffers from lake acidification in northern Ontario, in areas of currently suffers from lake acidification in northern Ontario, in areas of federal jurisdiction. Under Bill C-29, the animals and their habitat would federal jurisdiction. Under Bill C-29, the animals and their habitat would also be eligible for emergency protection if required. also be eligible for emergency protection if required.

[1][1] Lindgren, Richard D. Lindgren, Richard D. The Species at Risk Act: An Overview: Report The Species at Risk Act: An Overview: Report No.408No.408.Online Posting. Toronto: Canadian Environmental Law Association, .Online Posting. Toronto: Canadian Environmental Law Association, 25 Sept 01, p.16. <www.cela.ca>25 Sept 01, p.16. <www.cela.ca>

The Vancouver Island Marmot & The Vancouver Island Marmot & Newfoundland MartenNewfoundland Marten

On the other hand the Vancouver Island marmot, and Newfoundland On the other hand the Vancouver Island marmot, and Newfoundland marten are not all found on federal lands. The Vancouver Island marmot is marten are not all found on federal lands. The Vancouver Island marmot is an endemic Canadian species with only three hundred to three hundred an endemic Canadian species with only three hundred to three hundred and fifty surviving individuals, all in colonies on private and provincial lands and fifty surviving individuals, all in colonies on private and provincial lands threatened by recreational developments. The Newfoundland marten with threatened by recreational developments. The Newfoundland marten with a population of about two hundred and fifty animals are provincially a population of about two hundred and fifty animals are provincially protected from direct killing, but live in old growth forests that are protected from direct killing, but live in old growth forests that are currently being logged on private lands. Only twenty-five martens, currently being logged on private lands. Only twenty-five martens, recently moved to Terra Nova National Park will be protected. For animals recently moved to Terra Nova National Park will be protected. For animals that range between Canada and the United States protection varies from that range between Canada and the United States protection varies from species to species. Canadian grizzly bears will not be protected outside of species to species. Canadian grizzly bears will not be protected outside of federal lands.federal lands.

Conclusion & RecommendationsConclusion & Recommendations

The government of Canada has made efforts towards protecting The government of Canada has made efforts towards protecting and conserving endangered species in Canada. It acknowledges and conserving endangered species in Canada. It acknowledges the need for legislation to protect and conserve its wildlife. the need for legislation to protect and conserve its wildlife. However species extinction is still an imminent problem facing However species extinction is still an imminent problem facing Canada, and there are both strengths and weaknesses in the Canada, and there are both strengths and weaknesses in the legislation that exists. It is important to identify these to ensure legislation that exists. It is important to identify these to ensure the protection and conservation of Canadathe protection and conservation of Canada’’s wildlife species. And s wildlife species. And furthermore, to find solutions to improve upon past legislation, to furthermore, to find solutions to improve upon past legislation, to ensure that Canadaensure that Canada’’s wildlife is protected indefinitely. s wildlife is protected indefinitely.

The Species at Risk Act was designed to encourage The Species at Risk Act was designed to encourage cooperation among all stakeholders of endangered species, cooperation among all stakeholders of endangered species, including provincial and federal governments, industry, and including provincial and federal governments, industry, and the community. However this is also a challenge for the community. However this is also a challenge for maintaining species protection because there are no clear maintaining species protection because there are no clear cut lines to define the responsibilities of each and every cut lines to define the responsibilities of each and every stakeholder involved and no guarantees that species will be stakeholder involved and no guarantees that species will be protected indefinitely. The fate of the endangered species protected indefinitely. The fate of the endangered species itself is not always considered as the primary concern. In itself is not always considered as the primary concern. In many cases government, industry, and society takes many cases government, industry, and society takes precedence over all decisions that are made regarding their precedence over all decisions that are made regarding their protection. protection.

Furthermore the Species at Risk Act does not necessarily Furthermore the Species at Risk Act does not necessarily protect all of the species throughout Canada. It protects protect all of the species throughout Canada. It protects species on federal lands and waters but not on private species on federal lands and waters but not on private lands. And this means that species are not fully protected lands. And this means that species are not fully protected throughout Canada, and also means that migratory species throughout Canada, and also means that migratory species are at further risk.are at further risk.

The Species at Risk Act needs to be improved so that it is strong The Species at Risk Act needs to be improved so that it is strong enough to protect endangered species. It must protect a species enough to protect endangered species. It must protect a species entire habitat. It must list species directly according to the entire habitat. It must list species directly according to the professional and scientific assignments of COSEWIC. And it must professional and scientific assignments of COSEWIC. And it must protect species throughout Canada, on all federally and protect species throughout Canada, on all federally and provincially owned lands and waters. The government must also provincially owned lands and waters. The government must also pay more attention to scientific information, environmental non-pay more attention to scientific information, environmental non-governmental organizations, citizens and the species that are at governmental organizations, citizens and the species that are at risk themselves. It takes a combined effort to create the risk themselves. It takes a combined effort to create the legislation that is required to safeguard our countries species, and legislation that is required to safeguard our countries species, and Canada must use all of the resources it has to ensure species are Canada must use all of the resources it has to ensure species are protected from extinction.protected from extinction.