Marbled Murrelet in Caren Range Photo credit: KEITH THIRKELL / FRIENDS OF CAREN
Effective Federal Endangered Species Legislation Needed Now
By Stewart Elgie, Sierra Legal Defense Fund
Protecting endangered species is one of the most important steps in maintaining biological diversity. When a species becomes endangered, it is usually an indication that other species in the same ecosystem are at risk. That is why the 1992 Convention on Biological Diversity requires each nation to “develop necessary legislation... for the protection of threatened species and populations.”
Some federal programmes exist to identify endangered species and, in a few cases, help them recover, but these programmes suffer from lack of any legal clout. And only four of Canada’s twelve provinces and territories have endangered species laws on the books.
"To keep every cog and wheel is the first precaution of intelligent tinkering."
Aldo Leopold (1949)
Our southern neighbour, the U.S., has had strong federal endangered species legislation since 1973. Despite chronic underfunding, the U.S. Endangered Species Act has been fairly successful in preserving species at risk. Over half of the species listed under the Act have halted their decline or are recovering. The Bald Eagle – nearly driven into extinction by pesticide poisoning in the 1970s – was recently taken off the endangered list.
"The greatest legacy we can leave our children is a world rich in its diversity of life. For it is that diversity that will aloow them to meet the challenges of the future and realize their hopes and dreams."
Sheil Copps, Deputy Prime Minister and Minister of the Environment
On November 17, 1994, the Honourable Sheila Copps announced that she would be introducing an new law to protect endangered plants and animals in Canada.
The U.S. Act has not proven to be an impediment to development. Through careful advance planning, over 99.9 percent of development projects with the potential to affect endangered species have been able to proceed. Canada’s lack of endangered species legislation puts the many endangered species that migrate between the U.S. and Canada at risk. For instance, the Grizzly Bear, legally protected as a threatened species in the northwest U.S., can be legally hunted when it roams into Canada. But this may change soon.
In November 1994, Federal Environment Minister Sheila Copps announced her intention to introduce endangered species legislation in 1995. The government has released a discussion paper for public comment, and consultation meetings will be held across Canada in April and May 1995.
This is an important start, but the big question is, will the new legislation be effective?
To properly protect species, the legislation must:
Prickly Pear Cactus Photo credit: B.T.Aniskowicz
When you boil it down, the formula for protecting endangered species is simple: identify species at risk, don’t kill them, and leave them a home.
Finally, it is very important that the new legislation make protection of endangered species mandatory, not discretionary. Discretionary language is a big problem in a lot of Canadian environmental laws. For instance, if the Act says that the Minister “may protect” endangered species—rather than “shall protect”— then the protection of species would be at the mercy of political whim!
"The one process ongoing in the 1990s that will take millions of years to correct is the loss of genetic and species diversity by the destruction of natural habitats. This is the folly that our descendants are least likely to forgive us."
E.O. Wilson, Professor of Science, Harvard University
Canada has an historic opportunity to enact legislation that will help protect our priceless biological heritage for the sake of future generation.
