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ARTICLE · 21 FEBRUARY 2012

From Whales To Caribou: Species Protection Could Impact Economic Development

Blake, Cassels & Graydon LLP
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The Federal Court of Appeal (the Court) has issued its decision regarding a protection statement for the Northern and Southern Resident populations of the Killer Whale under the federal Species at Risk Act (SARA).

CanadaEnvironment
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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Copyright 2012, Blake, Cassels & Graydon LLP

Originally published in Blakes Bulletin on Environmental Law, February 2012

The Federal Court of Appeal (the Court) has issued its decision regarding a protection statement for the Northern and Southern Resident populations of the Killer Whale under the federal Species at Risk Act (SARA). The Court upheld the lower court finding that SARA creates strict, non-discretionary protections for the critical habitat of aquatic species. More significantly, the Appeal Court's conclusions that the federal government cannot permit the destruction of critical habitat for aquatic species potentially sets a far-reaching precedent for the management of activities in areas designated as critical habitat for endangered or threatened species across the country.

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