| Citation: |
Environmental Defence Canada v. Canada (Minister of Fisheries and Oceans), 2009 FC 878, [2009] 4 F.C.R. D-11 |
T-1529-07 |
Environment
Judicial review of Minister of Fisheries and Oceans’ failure to follow mandatory requirements of Species at Risk Act (SARA), S.C. 2002, c. 29, ss. 41(1)(c),(c.1) (re: identification of critical habitat based on best available information) with respect to Final Recovery Strategy for Nooksack Dace—Issue whether “habitat” in SARA, ss. 41(1)(c),(c.1) including defined geographic area capable of being located on map and physical, biological attributes of that area allowing species to use it for function of carrying out life processes—Applicant questioning Minister’s authority to alter SARA’s terms by government policy (i.e. removing critical habitat from Final Recovery Strategy)—SARA, s. 38 codification of precautionary principle found in United Nations Convention on the Conservation of Biological Diversity (Convention), providing that cost-effective measures to prevent reduction, loss of species should not be postponed for lack of full scientific certainty—Actions herein contrary to precautionary principle, failing to meet requirements of SARA, s. 41(1)(c)—Applicant’s contextual, purposive analysis in favour of expanded definition of “habitat” adopted—Such definition required for specie’s protection, conforms to values, principles of Convention—Application allowed.
Environmental Defence Canada v. Canada (Minister of Fisheries and Oceans) (T-1529-07, 2009 FC 878, Campbell J., judgment dated September 9, 2009, 61 pp.)