Vancouver Sun

Court points fi nger at ministers for failing to enforce Species At Risk Act

- BRUCE CHEADLE THE CANADIAN PRESS

OTTAWA — A Federal Court judge has ruled that the environmen­t minister and the fisheries minister both broke the law by failing to enforce the Species at Risk Act.

In a case covering four species that Justice Anne Mactavish calls “the tip of the iceberg,” the court found there’s a major systemic problem in the two ministries charged with protecting endangered and threatened wildlife.

The 47- page ruling released Friday states that “public officials are not above the law. If an official acts contrary to a statute, the courts are entitled to so declare.”

At issue was a challenge brought by five environmen­tal organizati­ons, who asked the court to enforce provisions under the Species at Risk Act.

The groups cited four particular species: the Nechako white sturgeon, the pacific humpback whale, the marbled murrelet and the southern mountain woodland caribou.

In every case, the government had failed to propose recovery strategies after the species were formally identified, missing statutory deadlines by up to six and a half years.

“It is simply not acceptable for the responsibl­e ministers to continue to miss the mandatory deadlines that have been establishe­d by Parliament,” Mactavish wrote.

A spokeswoma­n for Environmen­t Minister Leona Aglukkaq responded to the judgment by acknowledg­ing that recovery strategies or management plans are currently required for 192 species, of which 163 are overdue.

“Environmen­t Canada has significan­tly accelerate­d its progress in recent years and has published 85 strategies and plans in the last three years,” Jennifer Kennedy said in an email.

“It is also finalizing a posting plan to ensure transparen­cy

This kind of delay — five years or more — threatens the very survival of some Canadian wildlife species.

STEWART ELGIE PROFESSOR OF ENVIRONMEN­TAL LAW, UNIVERSITY OF OTTAWA

with respect to upcoming recovery documents and progress in reducing the number of overdue recovery documents over the next few years.”

The judgment cited evidence those recovery plans could have an impact on the approval of the Northern Gateway pipeline, which will affect all four of the species cited in the case.

As Mactavish ruled, “the absence of posted recovery strategies deprives the ministers of considerab­le leverage in dealing with the impact of industrial developmen­t on species at risk.”

The judgment found the government did not contest the evidence — “although they do deny that recovery strategies have been intentiona­lly delayed in order to facilitate industrial developmen­t.”

Stewart Elgie, a professor of environmen­tal law at the University of Ottawa, characteri­zed the judgment as “a stern wakeup call to the government.”

In an interview, Elgie likened species on the list to criticalca­re patients at a hospital emergency ward.

“If we don’t act quickly, some of them face real risk of extinction, so this kind of delay — five years or more — threatens the very survival of some Canadian wildlife species.”

He said when the legislatio­n came into force in 2003, some 200 threatened species required protection plans and created an immediate backlog.

 ?? JONATHAN HAYWARD/ THE CANADIAN PRESS FILES ?? A humpback whale breaks through Hartley Bay along the Great Bear Rainforest, B. C. The government failed to propose recovery strategies for the whales after they were identifi ed to be at risk.
JONATHAN HAYWARD/ THE CANADIAN PRESS FILES A humpback whale breaks through Hartley Bay along the Great Bear Rainforest, B. C. The government failed to propose recovery strategies for the whales after they were identifi ed to be at risk.

Newspapers in English

Newspapers from Canada