The Federal Court finds unlawful delay by the government under the Species at Risk Act

The Federal Court finds unlawful delay by the government under the Species at Risk Act

2/25/2014

In our recent post on the Northern Gateway decision report, we mentioned an ongoing court case brought by Ecojustice on behalf of several environmental organizations. The Western Canada Wilderness Committee v Canada (Fisheries and Oceans) case concerns governmental delay in developing recovery strategies under the Species at Risk Act (SARA), including several species that are likely to be impacted by the Northern Gateway Project.  In mid-February, the Federal Court issued its decision in this case.

Highlights of the Western Canada Wilderness Committee v Canada (Fisheries and Oceans) decision

Under SARA, the federal government has an obligation to prepare and publish recovery strategies for listed species at risk. The recovery strategy is a crucial step for providing protection to endangered or threatened species under SARA. This includes identification and protection of critical habitat necessary for the survival of a species. Timelines for the preparation and publication of recovery strategies are set by SARA (depending on the status of the species, up to four years from the date of listing plus a 90 day public comment and finalization period).

Read “The Federal Court finds unlawful delay by the government under the Species at Risk Act” on the ELC blog.

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