Submission

Summary of the matter addressed in the submission:

The Submitters assert that Canada is failing to effectively enforce the federal Species at Risk Act (SARA) with respect to at least 197 of the 529 species identified as at risk in Canada, so as to frustrate the Act’s purpose: preventing wildlife species from becoming extirpated or becoming extinct and providing for the recovery of wildlife species that are extirpated, endangered or threatened as a result of human activity. In particular, the Submitters allege that Environment Canada, Parks Canada, the Minister of the Environment and the Department of Fisheries and Oceans are failing to enforce the SARA with regard to listing of species as extirpated, endangered, threatened or of special concern (SARA section 27); recovery planning, including identification of critical habitat (SARA sections 41 and 42); and national enforcement through “safety net” and emergency orders (SARA sections 32, 33, 34 and 80).

Summary of the response provided by the Party:

In its response, Canada explains that SARA is a relatively new and complex piece of legislation that requires extensive consultations and collaboration. Canada refers to court actions filed by environmental groups in 2006 citing inadequate protection of the Northern Spotted Owl and the Piping Plover. Canada states that in view of these proceedings, the Secretariat should proceed no further on the Submitters’ allegations concerning use of emergency orders and identification of critical habitat. Regarding allegations that the federal government posted only 23 out of 133 recovery strategies that were due in 2006, Canada asserts that this type of broad-based allegation should not be considered by the Secretariat.

Names and citations of the environmental laws in question:

Species at Risk Act (SARA)

Submitter(s):

Sierra Club (U.S. and Canada), Nature Canada, the David Suzuki Foundation, Conservation Northwest, Environmental Defence, ForestEthics, Ontario Nature, Western Canada Wilderness Committee, BC Nature, Federation of Alberta Naturalists, the Natural History Society of Newfoundland and Labrador, Nature Nova Scotia and Nature Quebec. Represented by/representés par/representados por: Sierra Legal Defence Fund