12.4 Endangered Species

Environmental Law: Endangered Species

Overview of Mass Extinction

  • The world is experiencing a sixth mass extinction.

  • The International Union for Conservation of Nature reports:

    • Species are going extinct at a rate that is between 1000-10,000 times faster than the natural extinction rate.

    • In the last 500 years, human activity has caused the extinction of 869 species.

    • 25% of mammal species and 12.5% of bird species are at high risk of extinction in the near future.

    • 33% of amphibian species and 50% of turtle and tortoise species are threatened with extinction.

    • The rate at which species are becoming threatened continues to accelerate.

Legal Responses to Endangered Species

  • International Responses:

    • Convention on Biological Diversity (1992): Aimed at conservation and sustainable use of biological diversity.

    • Species at Risk Act (2002):

    • Steps for Protection: Outline the measures necessary to protect endangered species.

    • Protection Measures: Legal frameworks that enforce species protection.

    • Recovery Measures: Strategies designed to help endangered species recover.

  • Tensions in Policy:

    • Should species protection be a political decision or a scientific one?

    • Is federal law sufficient for the protection of endangered species?

Steps for Protection under the Species at Risk Act

  1. The Committee on the Status of Endangered Wildlife in Canada (COSEWIC) assesses species and their conservation status.

  2. If a species is classified as "extirpated", "endangered", or "threatened", COSEWIC recommends its protection under the Species at Risk Act to the federal government.

  3. The federal government decides whether to protect the species. If protection is granted, the species qualifies for special protections and recovery measures.

Protection Measures in the Species at Risk Act

  • Section 32:

    • Prohibits the killing or harming of protected species and the possession or collection of the species or its parts.

    • Case Reference: R v The Lake Louise Ski Area Ltd., 2018 ABPC 280, aff'd 2020 ABQB 422.

  • Section 33:

    • Prohibits the damaging or destruction of any residence of a protected species.

  • Section 58:

    • Prohibits the destruction of any critical habitat for a listed species within federal jurisdiction.

Penalties and Enforcement

  • Penalties imposed by the sentencing judge for offences are significant and not a minor consequence; perceptions may vary based on the specific context of each case.

  • Notable case detail: A specific mid-sized corporation with a history of operations failed to inform employees about endangered species, resulting in habitat destruction of an endangered species, affecting the sub-alpine ecosystem.

Recovery Measures and Challenges

  • Recovery Strategy: A framework for improving the status of endangered species.

  • Action Plan: A detailed plan outlining the steps needed for recovery.

  • Critical Habitat Protection: Ensures critical habitats for endangered species are preserved.

  • Issues faced:

    • Delays in implementation and inaction regarding recovery measures.

    • The emergence of new threats to species.

Additional Information: Species Status from COSEWIC (as of June 2022)

  • Atlantic Walrus: Extinct (Nova Scotia, Newfoundland, St. Lawrence)

  • Caribou: Endangered (various populations)

  • Chinook Salmon: Threatened/Endangered (various populations)

  • Eastern Box Turtle: Extirpated (Ontario)

  • Grizzly Bear: Special Concern (Western population)

  • Killer Whale: Endangered (Northeast Pacific Southern Resident population)

  • Swift Fox: Threatened

  • Wood-Poppy: Endangered

Climate Change

  • Climate change is identified as a defining environmental challenge of our time.

Credits

  • Intro music credit: Excerpt from “Sunny Walk” by Paweł Feszczuk, licensed under CC BY 4.0.

  • Image credits: Various contributors and sources including Pexels and Pixabay.