Court Rules SARA Emergency Orders Are Valid And Compensation May Be Available

In a recent ruling, the Federal Court of Canada (Court) confirmed the validity of an emergency order that impacts a private housing development in the suburbs of Montréal and the constitutional validity of the provision of the Species at Risk Act (SARA), which allows such emergency orders to be made. This is the first decision from a Canadian court that considers the constitutional validity of SARA. The Court also confirmed that compensation for losses associated with the order may be available under SARA even though the federal government has never adopted any regulations setting out the circumstances under which compensation will be available. This aspect of the decision may take on heightened significance if (or perhaps when) emergency or other "safety net" orders are made which create restrictions on the use of large areas of provincial Crown or private lands, or the resources that lie within them.