1. BIODIVERSITY Endangered Species Policy Reform

2. Introduction 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 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, 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. 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 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, 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. 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] 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] 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. 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, 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 to cause the extinction of another species. 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. 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, 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 to cause the extinction of another species. [1] Government of Canada, Environment Canada, Human Canadian Wildlife Service, Species at Risk Branch, Species at Risk, 14 Feb 06, 4 Jun 06www.speciesatrisk.gc.ca/default_e.cfm [1] Government of Canada, Environment Canada, Human Canadian Wildlife Service, Species at Risk Branch, Species at Risk, 14 Feb 06, 4 Jun 06www.speciesatrisk.gc.ca/default_e.cfm [1]www.speciesatrisk.gc.ca/default_e.cfm [1]www.speciesatrisk.gc.ca/default_e.cfm

3. Causes of Extinction Extinction can occur naturally however the vast majority of the causes leading to species extinction come from human intervention on the planet. Extinction can occur naturally however the vast majority of the causes leading to species extinction come from human intervention on the planet. Human beings have caused Human beings have caused habitat destruction and degradation (loss of wetlands, grasslands, old growth forests)habitat destruction and degradation (loss of wetlands, grasslands, old growth forests) resource exploitation (hunting and poaching, illegal trade)resource exploitation (hunting and poaching, illegal trade) incompatible land use and development (road construction, urban sprawl)incompatible land use and development (road construction, urban sprawl) climate change (excessive carbon emissions)climate change (excessive carbon emissions) toxic pollution (bioaccumulation of persistent contaminants)toxic pollution (bioaccumulation of persistent contaminants) Endangered species can not defend themselves from human intervention. Only the actions of human beings can help to ensure their survival. Therefore it is so important for effective legislation to exist. Endangered species can not defend themselves from human intervention. Only the actions of human beings can help to ensure their survival. Therefore it is so important for effective legislation to exist. Much of the wildlife currently in existence is attributed to earlier wildlife policies. As well many depleted wildlife populations have been restored and habitats protected with the aid of wildlife rehabilitation plans and capture, breeding and release programs. Much of the wildlife currently in existence is attributed to earlier wildlife policies. As well many depleted wildlife populations have been restored and habitats protected with the aid of wildlife rehabilitation plans and capture, breeding and release programs. Current governmental policy is making strides to ensure endangered species are protected. However the government is being called upon by society to take further action to improve the current policies. Current governmental policy is making strides to ensure endangered species are protected. However the government is being called upon by society to take further action to improve the current policies.

4. Background: Endangered Species Legislation 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 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 Earth Summit in drafting and adopting the Convention on Biological Diversity, which Canada subsequently ratified. The Convention states that it requires Canada (and other signatories) to “as far as possible and as appropriate, develop and maintain necessary legislation…for the protection of threatened species and populations.” In 1993, the House of Commons Standing Committee on Environment considered Canada’s obligations under the Convention, and concluded that the absence of federal endangered species legislation had to be addressed by Parliament. The Standing Committee further recommended that “the Government of Canada, working with the provinces and territories…take immediate steps to develop an integrated legislative approach to the protection of endangered species, habitat, ecosystems and biodiversity in Canada.”[1] 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 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 Earth Summit in drafting and adopting the Convention on Biological Diversity, which Canada subsequently ratified. The Convention states that it requires Canada (and other signatories) to “as far as possible and as appropriate, develop and maintain necessary legislation…for the protection of threatened species and populations.” In 1993, the House of Commons Standing Committee on Environment considered Canada’s obligations under the Convention, and concluded that the absence of federal endangered species legislation had to be addressed by Parliament. The Standing Committee further recommended that “the Government of Canada, working with the provinces and territories…take immediate steps to develop an integrated legislative approach to the protection of endangered species, habitat, ecosystems and biodiversity in Canada.”[1] [1] Standing Committee on Environment, A Global Partnership:Canada and the Conventions of the United Nations Conference on Environment and Development (April 1993), p30. [1] Standing Committee on Environment, A Global Partnership:Canada and the Conventions of the United Nations Conference on Environment and Development (April 1993), p30.

5. Species At Risk Act 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 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 2001 and Bill C-65, the Canadian Endangered Species Protection Act (CESPA) called in 1996 and died on the order paper in 1997. 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 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 2001 and Bill C-65, the Canadian Endangered Species Protection Act (CESPA) called 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 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, 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 Bill C-33.[2] 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 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 of these additions reflect suggestions made by some witnesses who commented on Bill C-33.[2] 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 species in Canada. 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 species in Canada. [2] Douglas, Kristen, Law and Government Division, Parliamentary Research Branch, Government of Canada, Legislative Summary (LS-438E) “Bill C-5: The Species at Risk Act” Online posting, 10 Oct 02, 4 Jun 06 [2] Douglas, Kristen, Law and Government Division, Parliamentary Research Branch, Government of Canada, Legislative Summary (LS-438E) “Bill C-5: The Species at Risk Act” Online posting, 10 Oct 02, 4 Jun 06

6. Federal & Provincial Responsibility Furthermore the Canadian government through its legislation does not specifically designate the responsibility of endangered species to either federal or provincial governments. This causes a problem with protecting species at risk because without this designation there is no accountability, since no one government office is responsible if a species becomes extinct. 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 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 situation. It becomes a public concern, and until citizens, scientists, and organizations get involved and are able to pressure the government no action is taken and this is a great risk for the endangered species. Furthermore the Canadian government through its legislation does not specifically designate the responsibility of endangered species to either federal or provincial governments. This causes a problem with protecting species at risk because without this designation there is no accountability, since no one government office is responsible if a species becomes extinct. 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 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 situation. It becomes a public concern, and until citizens, scientists, and organizations get involved and are able to pressure the government no action is taken and this is a great risk for the endangered species. Although the responsibility of endangered species is not specifically designated to either the federal or provincial governments, legislative jurisdiction over wildlife species rests primarily with the provinces, according to the Constitution Act. However many critics argue that endangered species legislation should fall under federal responsibility because, Although the responsibility of endangered species is not specifically designated to either the federal or provincial governments, legislative jurisdiction over wildlife species rests primarily with the provinces, according to the Constitution Act. However many critics argue that endangered species legislation should fall under federal responsibility because,

7. There is a persuasive argument to be made that the Parliament of Canada has sufficient competence under the “national dimension” facet of its “P.O.G.G.[peace, order and good government] power” (including the “treaty power”, however interpreted) to exercise jurisdiction over all aspects of endangered species protection.[3] There is a persuasive argument to be made that the Parliament of Canada has sufficient competence under the “national dimension” facet of its “P.O.G.G.[peace, order and good government] power” (including the “treaty power”, however interpreted) to exercise jurisdiction over all aspects of endangered species protection.[3] Most provincial governments have specific endangered species laws; however they are neither comprehensive nor consistent. Most provincial governments have specific endangered species laws; however they are neither comprehensive nor consistent. Ontario’s Endangered Species Act, for example, contains a number of flaws and loopholes typical of provincial species legislation, such as: the listing process is slow, bureaucratic, and highly discretionary, which has resulted in only a small number of flora and fauna being designated at “threatened with extinction”…recovery plans are not mandatory for the relatively few species that have been officially declared to be “threatened with extinction”; the legislation does not require any comprehensive assessments of projects or undertakings that may impact species at risk or their habitat; and the enforcement of the Act’s prohibitions has been sporadic and ineffective over the past four decades.[4] Ontario’s Endangered Species Act, for example, contains a number of flaws and loopholes typical of provincial species legislation, such as: the listing process is slow, bureaucratic, and highly discretionary, which has resulted in only a small number of flora and fauna being designated at “threatened with extinction”…recovery plans are not mandatory for the relatively few species that have been officially declared to be “threatened with extinction”; the legislation does not require any comprehensive assessments of projects or undertakings that may impact species at risk or their habitat; and the enforcement of the Act’s prohibitions has been sporadic and ineffective over the past four decades.[4] [4] Lindgren, Richard D. The Species at Risk Act: An Overview: Report No.408.Online Posting. Toronto: Canadian Environmental Law Association, 25 Sept 01, p.10 [4] Lindgren, Richard D. The Species at Risk Act: An Overview: Report No.408.Online Posting. Toronto: Canadian Environmental Law Association, 25 Sept 01, p.10

8. Committee on the Status of Endangered Wildlife in Canada The Committee on the Status of Endangered Wildlife in Canada (COSEWIC) was 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 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 government of Canada and the Canadian population. In so doing it aims to ensure that endangered species are recognized and protected from extinction. Its assessment process is independent, transparent and uses a multifaceted approach, using scientific, Aboriginal and community knowledge to assess species. The Committee on the Status of Endangered Wildlife in Canada (COSEWIC) was 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 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 government of Canada and the Canadian population. In so doing it aims to ensure that endangered species are recognized and protected from extinction. Its assessment process is independent, transparent and uses a multifaceted approach, using scientific, Aboriginal and community knowledge to assess species. Currently COSEWIC consists of thirty members from each of the thirteen provincial and territorial government wildlife agencies. The members of COSEWIC are university academics, independent specialists, Aboriginal peoples or government, 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 as an advisory body. Under SARA, the government of Canada will take into consideration COSEWIC’s designations when establishing the legal list of species at risk. An important yearly publication is made by COSEWIC to deliver its research information including identifying species at risk. Currently COSEWIC consists of thirty members from each of the thirteen provincial and territorial government wildlife agencies. The members of COSEWIC are university academics, independent specialists, Aboriginal peoples or government, 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 as an advisory body. Under SARA, the government of Canada will take into consideration COSEWIC’s designations when establishing the legal list of species at risk. An important yearly publication is made by COSEWIC to deliver its research information including identifying species at risk.

9. Environmental Non-Governmental Organizations Environmental non-governmental organizations (ENGOs) are those devoted to protecting the environment but are not affiliated to the government. Endangered 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 Sierra Club of Canada. Environmental non-governmental organizations (ENGOs) are those devoted to protecting the environment but are not affiliated to the government. Endangered 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 Sierra Club of Canada. 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 against commercial exploitation and illegal trade and the destruction of wilderness habitat, and participates in rescuing animals in distress. IFAW’s mission includes 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 disasters. The organization focuses on a partnership structure to implement its policies IFAW works closely with government departments, other ENGOs, and the public. Some of its projects include whaling, illegal trade of African elephant parts. And IFAW concentrates largely on research projects. 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 against commercial exploitation and illegal trade and the destruction of wilderness habitat, and participates in rescuing animals in distress. IFAW’s mission includes 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 disasters. The organization focuses on a partnership structure to implement its policies IFAW works closely with government departments, other ENGOs, and the public. Some of its projects include whaling, illegal trade of African elephant parts. And IFAW concentrates largely on research projects.

10. The Sierra Club of Canada focuses on loss of animal and plant species. It promotes energy efficiency, protects forests from clear-cutting, and conserves biodiversity. The Sierra Club of Canada focuses on loss of animal and plant species. It promotes energy efficiency, protects forests from clear-cutting, and conserves biodiversity. In the area of endangered species protection the Sierra Club helped to form the Canadian Coalition of Biodiversity and the Canadian Endangered Species Coalition with other national conservation organizations.[1] In the area of endangered species protection the Sierra Club helped to form the Canadian Coalition of Biodiversity and the Canadian Endangered Species Coalition with other national conservation organizations.[1][1] In 1997, the Sierra Club waged a petition campaign to the Ministry of Environment to Endangered Species Bill – 65 (which eventually died). The fact that ENGOs are able to accomplish so much with their influence, by creating and making changes in legislation indicates that ENGOs make an important impact on environmental policy. In 1997, the Sierra Club waged a petition campaign to the Ministry of Environment to Endangered Species Bill – 65 (which eventually died). The fact that ENGOs are able to accomplish so much with their influence, by creating and making changes in legislation indicates that ENGOs make an important impact on environmental policy. While some ENGOs function on a regional basis and are concerned with specific habitat areas or provincial jurisdictions. For example the Manitoba Wildlife 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. 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 can contribute toward preserving wildlife while retaining their land title. While some ENGOs function on a regional basis and are concerned with specific habitat areas or provincial jurisdictions. For example the Manitoba Wildlife 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. 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 can contribute toward preserving wildlife while retaining their land title. [1] Dwivedi, O.P., Kyba, J.P., Stoett, P., Tiessen, R., Eds. Sustainable Development and Canada: National and International Policy Perspectives. Peterborough: Broadview Press, 2001, p.95. [1] Dwivedi, O.P., Kyba, J.P., Stoett, P., Tiessen, R., Eds. Sustainable Development and Canada: National and International Policy Perspectives. Peterborough: Broadview Press, 2001, p.95. [1]

11. Case Studies : Habitat Protection As drafted, SARA does not confer mandatory protection of habitat for any species at risk, unless Cabinet makes a discretionary decision to designate and protect a particular species’ “critical habitat” on a case-by-case basis…Even if Cabinet was inclined to make such an order for a particular species, there are no timelines prescribed by SARA for the identification of critical habitat, and recovery strategies and action plans are only required to identify critical habitat “if possible”[1] As drafted, SARA does not confer mandatory protection of habitat for any species at risk, unless Cabinet makes a discretionary decision to designate and protect a particular species’ “critical habitat” on a case-by-case basis…Even if Cabinet was inclined to make such an order for a particular species, there are no timelines prescribed by SARA for the identification of critical habitat, and recovery strategies and action plans are only required to identify critical habitat “if possible”[1][1] The passing of the law Bill C-29 Species at Risk Act (SARA) was criticized by many including scientists who claim that the bill does not protect endangered species habitat, but is restricted to their ‘critical habitat’, and this would not really be enough to ensure that the species can survive. In the bill, habitat is currently defined as a specific dwelling site such as a den, nest, or other area occupied or habitually occupied by an individual or population during part of its life cycle, including breeding, rearing and hibernating. This definition is limited and does not protect the entire habitat of the species, making it very vulnerable to extinction. As well this definition is ambiguous. A calving ground is clearly occupied by a population of Caribou, but only portions of it are habitually occupied by an individual. The passing of the law Bill C-29 Species at Risk Act (SARA) was criticized by many including scientists who claim that the bill does not protect endangered species habitat, but is restricted to their ‘critical habitat’, and this would not really be enough to ensure that the species can survive. In the bill, habitat is currently defined as a specific dwelling site such as a den, nest, or other area occupied or habitually occupied by an individual or population during part of its life cycle, including breeding, rearing and hibernating. This definition is limited and does not protect the entire habitat of the species, making it very vulnerable to extinction. As well this definition is ambiguous. A calving ground is clearly occupied by a population of Caribou, but only portions of it are habitually occupied by an individual. While the population of any wild species can be spread over a large area, its actual distribution may be scattered in individual pockets of prime, preferred habitat… In one part of the province a species may be abundant while in another part it may be stressed because of localized human activities.[2] While the population of any wild species can be spread over a large area, its actual distribution may be scattered in individual pockets of prime, preferred habitat… In one part of the province a species may be abundant while in another part it may be stressed because of localized human activities.[2][2] [1] Lindgren, Richard D. The Species at Risk Act: An Overview: Report No.408.Online Posting. Toronto: Canadian Environmental Law Association, 25 Sept 01, p.17 [1] Lindgren, Richard D. The Species at Risk Act: An Overview: Report No.408.Online Posting. Toronto: Canadian Environmental Law Association, 25 Sept 01, p.17 [1] [2] Penner, Barry. “Taking steps to protect species at risk” The Chilliwack Progress. Online. 13 Jun 06. [2] Penner, Barry. “Taking steps to protect species at risk” The Chilliwack Progress. Online. 13 Jun 06. [2]

12. The Spirit Bear The Spirit Bear 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 legislation is crucial to the survival of endangered species. 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 legislation is crucial to the survival of endangered species. To illustrate this further is the case study of the ‘Spirit Bear’, the white Kermode, a genetically unique subspecies of the black bear that is critically endangered, with fewer than four hundred bears in existence.[3] 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 Bear’s last intact 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. To illustrate this further is the case study of the ‘Spirit Bear’, the white Kermode, a genetically unique subspecies of the black bear that is critically endangered, with fewer than four hundred bears in existence.[3] 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 Bear’s last intact 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.[3] [3] Jackson, Simon, founder. SBYC: Spirit Bear Youth Coalition. 9 July 06. [3] Jackson, Simon, founder. SBYC: Spirit Bear Youth Coalition. 9 July 06. [3]

13. The Northern Spotted Owl Secondly the Northern Spotted Owl is a critically endangered species with about twenty-two animals remaining [in Canada].[4] It inhabits the coniferous forests of the Pacific Northwest. The British Columbia government’s plan allows logging of critical owl habitat, focuses on capture, breeding, and release but does not protect the old growth forests the owls need to survive. Although British Columbia has the greatest biodiversity of any Canadian province it is one of only two provinces without provincial species legislation. “The 45 newly listed threatened species in British Columbia represent 8.5% of all the species at risk in Canada.”[5] This is a clear correlation to the fact that the lack of legislation in B.C. is detrimental to the conservation of species. Secondly the Northern Spotted Owl is a critically endangered species with about twenty-two animals remaining [in Canada].[4] It inhabits the coniferous forests of the Pacific Northwest. The British Columbia government’s plan allows logging of critical owl habitat, focuses on capture, breeding, and release but does not protect the old growth forests the owls need to survive. Although British Columbia has the greatest biodiversity of any Canadian province it is one of only two provinces without provincial species legislation. “The 45 newly listed threatened species in British Columbia represent 8.5% of all the species at risk in Canada.”[5] This is a clear correlation to the fact that the lack of legislation in B.C. is detrimental to the conservation of species.[4][5][4][5] In December of 2005 British Columbia environmental groups filed a lawsuit under Canada’s Species at Risk Act, seeking federal government intervention to protect the owl since no provincial legislation exists. The spotted owl lawsuit was launched on behalf of the Western Canada Wilderness Committee, David Suzuki Foundation, Environmental Defence and ForestEthics. It took a combined effort to create support for this attempt to save the owl, even though under Canada’s Species at Risk Act it is a provision that crosses the provincial-federal jurisdictions in order to ensure the survival of a species. In December of 2005 British Columbia environmental groups filed a lawsuit under Canada’s Species at Risk Act, seeking federal government intervention to protect the owl since no provincial legislation exists. The spotted owl lawsuit was launched on behalf of the Western Canada Wilderness Committee, David Suzuki Foundation, Environmental Defence and ForestEthics. It took a combined effort to create support for this attempt to save the owl, even though under Canada’s Species at Risk Act it is a provision that crosses the provincial-federal jurisdictions in order to ensure the survival of a species. [4] “2010 Winter Olympics Prompt B.C. Plan to Recover Spotted Owl” Environment News Service.1 May 2006. 1 June 2006. [4] “2010 Winter Olympics Prompt B.C. Plan to Recover Spotted Owl” Environment News Service.1 May 2006. 1 June 2006. [4] [5] Penner, Barry. “Taking steps to protect species at risk” The Chilliwack Progress. Online. 13 Jun 06. [5] Penner, Barry. “Taking steps to protect species at risk” The Chilliwack Progress. Online. 13 Jun 06. [5]

14. Listing & Scientific Research 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. 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 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 well it ensures that genetic diversity exists. 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. 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 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 well it ensures that genetic diversity exists. 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 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 decline and facing imminent threat to its survival. “However, this ‘emergency listing’ power is also subject to the discretion of the federal Environment Minister and Cabinet.”[1] Therefore many species that scientists are reporting at risk will not necessarily be listed for protection. 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 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 decline and facing imminent threat to its survival. “However, this ‘emergency listing’ power is also subject to the discretion of the federal Environment Minister and Cabinet.”[1] Therefore many species that scientists are reporting at risk will not necessarily be listed for protection.[1] [1] Lindgren, Richard D. The Species at Risk Act: An Overview: Report No.408.Online Posting. Toronto: Canadian Environmental Law Association, 25 Sept 01, p.15-16 [1] Lindgren, Richard D. The Species at Risk Act: An Overview: Report No.408.Online Posting. Toronto: Canadian Environmental Law Association, 25 Sept 01, p.15-16 [1]

15. COSEWIC: Listing & Scientific Research Scientists protested that the Committee on the Status of Endangered Wildlife in 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 the scientific designations be adopted nor does it require any form of justification from listing decisions that diverge from COSEWIC designations. Excessive political 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 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 not be placed there for the appropriate reasons. Scientists protested that the Committee on the Status of Endangered Wildlife in 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 the scientific designations be adopted nor does it require any form of justification from listing decisions that diverge from COSEWIC designations. Excessive political 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 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 not be placed there for the appropriate reasons. 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 species on the list due to economical reasons, this could cause the extinction of that fish species. “It is noteworthy that a significant number of Ontario species found to be at risk by COSEWIC have yet to be designated under Ontario’s Endangered 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 of endangered species and almost became extinct. 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 species on the list due to economical reasons, this could cause the extinction of that fish species. “It is noteworthy that a significant number of Ontario species found to be at risk by COSEWIC have yet to be designated under Ontario’s Endangered 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 of endangered species and almost became extinct.[2] [2] Lindgren, Richard D. The Species at Risk Act: An Overview: Report No.408.Online Posting. Toronto: Canadian Environmental Law Association, 25 Sept 01, p.10. www.cela.ca [2] Lindgren, Richard D. The Species at Risk Act: An Overview: Report No.408.Online Posting. Toronto: Canadian Environmental Law Association, 25 Sept 01, p.10. www.cela.ca [2]www.cela.ca [2]www.cela.ca

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

17. Federal & Private Lands Bill C-29, Canada’s Species at Risk Act, appears to be a good start towards species protection; however it does not apply throughout Canada. Bill C-29, Canada’s Species at Risk Act, appears to be a good start towards species protection; however it does not apply throughout Canada. It should be noted, however that…[the]…broad prohibitions…[in SARA]…do not apply to species on provincial lands…unless the Cabinet makes a discretionary order providing that the prohibitions apply to such species…Such an order cannot be made unless the federal Environment Minister ‘is of the opinion that the laws of the province do not protect the species.’[1] It should be noted, however that…[the]…broad prohibitions…[in SARA]…do not apply to species on provincial lands…unless the Cabinet makes a discretionary order providing that the prohibitions apply to such species…Such an order cannot be made unless the federal Environment Minister ‘is of the opinion that the laws of the province do not protect the species.’[1][1] In Canada’s ten provinces Bill C-29 Species at Risk Act’s prohibitions, emergency orders, and regulations under recovery plans will apply only on federal lands and waters. For example the endangered Aurora trout, currently suffers from lake acidification in northern Ontario, in areas of federal jurisdiction. Under Bill C-29, the animals and their habitat would also be eligible for emergency protection if required. In Canada’s ten provinces Bill C-29 Species at Risk Act’s prohibitions, emergency orders, and regulations under recovery plans will apply only on federal lands and waters. For example the endangered Aurora trout, currently suffers from lake acidification in northern Ontario, in areas of federal jurisdiction. Under Bill C-29, the animals and their habitat would also be eligible for emergency protection if required. [1] Lindgren, Richard D. The Species at Risk Act: An Overview: Report No.408.Online Posting. Toronto: Canadian Environmental Law Association, 25 Sept 01, p.16. [1] Lindgren, Richard D. The Species at Risk Act: An Overview: Report No.408.Online Posting. Toronto: Canadian Environmental Law Association, 25 Sept 01, p.16. [1]

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

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

20. The Species at Risk Act was designed to encourage cooperation among all stakeholders of endangered species, including provincial and federal governments, industry, and the community. However this is also a challenge for maintaining species protection because there are no clear cut lines to define the responsibilities of each and every stakeholder involved and no guarantees that species will be protected indefinitely. The fate of the endangered species itself is not always considered as the primary concern. In many cases government, industry, and society takes precedence over all decisions that are made regarding their protection. The Species at Risk Act was designed to encourage cooperation among all stakeholders of endangered species, including provincial and federal governments, industry, and the community. However this is also a challenge for maintaining species protection because there are no clear cut lines to define the responsibilities of each and every stakeholder involved and no guarantees that species will be protected indefinitely. The fate of the endangered species itself is not always considered as the primary concern. In many cases government, industry, and society takes precedence over all decisions that are made regarding their protection. Furthermore the Species at Risk Act does not necessarily protect all of the species throughout Canada. It protects species on federal lands and waters but not on private lands. And this means that species are not fully protected throughout Canada, and also means that migratory species are at further risk. Furthermore the Species at Risk Act does not necessarily protect all of the species throughout Canada. It protects species on federal lands and waters but not on private lands. And this means that species are not fully protected throughout Canada, and also means that migratory species are at further risk.

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