The Federal Court of Appeal says Ottawa can't use cabinet secrecy to hide decisions and debate about an endangered bird. The court says there may be an area in the dispute over sage grouse in which cabinet confidence may be invoked.

Melissa Gorrie, lawyer for the environmental organization Ecojustice, said Wednesday the appeal court decision means the minister has to say whether a decision has been made. "It also makes it clear in the (Appeal Court) decision that if he's refusing to make a recommendation — so if his decision is not to recommend emergency protection — that decision is also reviewable by the court, that that can not be covered by cabinet confidence," Gorrie said

The Greater Sage-Grouse lawsuit was filed by Ecojustice in early 2008 on behalf of the Alberta Wilderness Association, Federation of Alberta Naturalists, Grasslands Naturalists, Nature Saskatchewan and Wilderness Committee. The court decision offers hope the iconic sage-grouse, known for its spectacular mating dance, may recover from decimated numbers.

An Emergency Order under the Species at Risk Act (SARA) can be used when a species faces imminent threats to its survival, and current protection measures are deemed inadequate. An Emergency Order for Greater Sage-Grouse would protect the habitat necessary for the survival of the species. This would be the first time this mechanism in the Act is being invoked.

Environment Canada will issue an emergency order to protect an endangered species, a rare prairie bird called the greater sage grouse. Canadian Environment Minister Leona Aglukkaq announced September 17, 2013 that the emergency order will be issued in the coming months and will impose restrictions to protect the habitat of the sage grouse on provincial and federal lands in Alberta and Saskatchewan.