[PCA] Citizens Successfully Enforce Nova Scotia Endangered Species Act

[Steve Erickson]

Canadian naturalists have won a lawsuit against the Nova Scotia 
provincial government over its failure to obey its Endangered 
Species Act.

https://www.nationalobserver.com/2020/06/22/features/how-nova-scotia-naturalists-forced-province-uphold-its-endangered-species-act

The ruling sets two precedents.
“The first precedent is that the Endangered Species Act is 
non-discretionary, meaning the province absolutely must fulfill 
all its obligations to every listed species — recovery teams, 
recovery plans with regular reviews, core habitat, etc.

While unsurprising, this point is remarkably contentious in the 
history of species-at-risk legislation. Canada’s Species at 
Risk Act was the subject of an Ecojustice lawsuit in 2014, for 
example, which ultimately forced the federal government to catch 
up on several overdue provisions for various species.

Time and again, ministers across the country have decided not to 
apply these acts where inconvenient, largely without backlash.

“The second precedent of note in the Nova Scotia lawsuit was 
the right of citizen organizations — in this case, a trio of 
naturalist clubs — to take legal action on behalf of at-risk 
species. It was argued in court by the province’s lawyer that 
naturalists should not have this right, since the act and its 
provisions didn’t impact them directly. Justice Brothers 
responded to this suggestion specifically in her decision this May.

“(These) species need people like Mr. (Bob) Bancroft 
(president of the Federation of Nova Scotia Naturalists) and 
organizations like the other applicants and (Ecojustice) to take 
such action and speak for them,” she wrote. “It would be 
absurd if no person or interested entity could bring such 
reviews under the Endangered Species Act to hold government to 
account. How else would the mainland moose, ram’s head lady 
slipper, Canada warbler, black ash, wood turtle or eastern wood 
pewee find protection when and if a government failed to 
reasonably execute its duties and responsibilities?”

Simpson said that his naturalist clients were originally very 
cautious in launching this lawsuit, but expects their victory 
has had the effect of emboldening them and others in the pursuit 
of justice.

“What I think this decision has done,” said Simpson, “is 
show to these individual citizens … and these non-advocacy 
groups, that (legal action) isn’t such a bad thing. It’s 
legitimate for (them) to request the assistance of the courts to 
uphold the rule of law.”

Soren Bondrup-Nielsen, president of the Blomidon Naturalists 
Society, echoed that point earlier this June, saying he and his 
board are very willing to return to court if the Lands and 
Forestry department doesn’t do what it was instructed to do.

“We’re certainly going to keep our eye on them,” he said. 
“I think there’s an appetite among people to not accept the 
status quo anymore.”

He said that, in his estimation, the global pandemic presently 
upsetting the foundations of modern life has empowered people to 
think differently, and to be less complacent about the 
shortcomings of society. The Black Lives Matter march in 
Wolfville, N.S., which Bondrup-Nielsen and a thousand or so 
others attended, made this point very clear to him.

“I think there are so many social and environmental issues 
that are coming together, I hope, so that we will see real 
change,” he said. “It’s an exciting thought, but maybe 
I’m too optimistic. I think the Endangered Species Act is a 
step in the right direction. It’s not the solution (to our 
biodiversity crisis), but it’s certainly a step.”

~Steve
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