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ARTICLE · 12 JUNE 2020

Endangered Species Laws Given Broad Reading In Recent Decisions

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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Canadian courts released two judicial review decisions in May regarding the implementation of species at risk legislation, which indicate a trend towards a broad, expansive interpretation of such laws.

CanadaEnvironment
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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Co-authored by Valentina Caen (Articling Student)

Canadian courts released two judicial review decisions in May regarding the implementation of species at risk legislation, which indicate a trend towards a broad, expansive interpretation of such laws.

FEDERAL COURT OF APPEAL UPHOLDS CONSTITUTIONAL VALIDITY OF EMERGENCY ORDER POWERS UNDER SARA

On May 15, 2020, the Federal Court of Appeal (Appeal Court) upheld the validity of the emergency order stopping a development proposal near Montréal in order to protect the western chorus frog, and in doing so, confirmed that federal orders under s. 80 of SARA affecting private land are constitutional. For more information about the emergency order and the prior court decision, please see our July 2016 Blakes Bulletin: Federal Government Order to Protect Frog Habitat Stops Land Development in Suburban Montréal and September 2018 Blakes Bulletin: Court Rules SARA Emergency Orders are Valid and Compensation May Be Available.

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