Posts Tagged ‘Species at Risk Act’

Federal Court finds Canadian government failed to protect species at risk

March 28th, 2014 by Laura Bowman

Recently, a number of environmental groups represented by Ecojustice brought a series of judicial reviews alleging that the federal government has unlawfully failed to protect four species due to delays: the Pacific Humpback Whale, Nechako White Sturgeon, Marbled Murrelet and Southern Mountain Caribou.

Without a recovery strategy, the species are not fully protected under the federal Species At Risk Act, which depends on the recovery strategy for some protections to kick in. All four species’ habitat lies along the controversial proposed Enbridge Northern Gateway pipeline and shipping route in northern B.C.

In the Enbridge Northern Gateway Pipeline hearings, there were about 34 listed species at risk that the panel considered, most of which did not have protected critical habitat in a recovery strategy. In January, environmental groups started other legal proceedings dealing with endangered species and other issues specific to those hearings.

Read more on rabble.ca

Indigenous rights and the duty to consult

January 31st, 2013 by Paula Boutis and Jessica Weizenbluth

On January 8, 2013, Frog Lake First Nation and Mikisew Cree First Nation, through their respective Chiefs, launched judicial review cases in the Federal Court. They are challenging the passage of the now infamous federal government omnibus budget bills, Bill C‑38 (Jobs, Growth and Long‑term Prosperity Act, S.C. 2012, c. 19); and Bill C‑45 (Jobs and Growth Act, 2012, S.C. c.31).

Other Canadians who may oppose these bills can only express their displeasure with them at the ballot box. With Canada’s first‑past‑the‑post electoral system, and a significant fracturing of the centre and centre‑left, it seems like an uphill battle for the rest of the country to challenge these laws, widely considered to be anti‑democratic. For all the efforts of multiple environmental organizations and the actions of the opposition in the House of Commons (perhaps most poignantly, member of Parliament Elizabeth May), there’s not a whole lot the rest of us can do.

Enter, First Nations.

Read more on rabble.ca

“Species at Risk” Legislation In Ontario and Canada

November 8th, 2012 by Iler Campbell LLP

Paula Boutis and our articling student, Jessica Weizenbluth, recently authored a paper on species at risk legislation which Paula presented as part of the Law Society of Upper Canada’s Six Minute Environmental Lawyer 2012. The paper and presentation provide an overview of the laws on the books, how they have been applied, case law, and where the legislation is going from here. Download the paper and presentation here.