Manitoba Wildlands  
Environment, Fisheries Ministers Break Law: SARA 21 February 14

Justice Anne Mactavish of Canada's Federal Court has ruled that both Environment Minister Leona Aglukkaq and Fisheries and Oceans Minister Gail Shea have broken the law by failing to enforce the Species at Risk Act (SARA). Ecojustice filed the court action on behalf of five environmental organizations, including the Wilderness Committee. Although this specific case concerns four species at risk (the Nechako white sturgeon, the Pacific humpback whale, the marbled murrelet and the Southern mountain woodland caribou), Justice Mactavish stated that this ruling was only "the tip of the iceberg" and that it stemmed from an "enormous systematic problem" in the two ministries.

"We find ourselves having to continue to go back to court to force the government to follow some fairly clear language in the act," Devon Page of Ecojustice stated outside the court.

Shortcomings emerged in this Federal Court case. For example, the ministries did not provide recovery strategies after all four species were listed under SARA, and missed formal deadlines by up to six and a half years. Additionally, recovery strategies or management plans are at present required for 192 species, of these 163 are overdue. Particularly relevant is that many overdue recovery plans have an impact on the review of the controversial Northern Gateway Pipeline.

The government did not challenge the evidence presented in court, the judgment did state, "they do deny that recovery strategies have been intentionally delayed in order to facilitate industrial development." There is no penalty for the government departments failing to meet deadlines under SARA. The court did grant $22,500 to each of the five environmental organizations (Wilderness Committee, Sierra Club, David Suzuki Foundation, Wildsight, Greenpeace) that filed the suit through Ecojustice.

View February 14, 2014 Toronto Star article
View February 14, 2014 CTV News article
View January 25, 2014 Huffington Post article
View Nigel Banks case study
Visit Wilderness Committee website
Visit Sierra Club Canada website
Visit David Suzuki Foundation website
Visit Wildsight article
Visit Greenpeace Canada website
Source: Toronto Star
Share printer Print version Top


Manitoba Wildlands2002-2014