Fled The Nest: Expanding Habitat Protection For Migratory Birds Under The Species At Risk Act

The Federal Court of Canada has delivered a landmark decision in the case of Western Canada Wilderness Committee v Canada (Environment and Climate Change), 2024 FC 167. This case centers on a critical challenge to the government's approach to protecting the habitats of migratory birds listed under the Species at Risk Act (SARA). At the heart of this legal battle is the Minister of Environment and Climate Change Canada's (ECCC) 2022 Protection Statement, which narrowly interpreted critical habitat protections, focusing mainly on “nests.”

It is unknown at this time whether the Minister will appeal but for the time being this decision represents a win for Migratory Birds and environmental protection.