Two papers published in May consider the biodiversity crisis in Canada and reveal a contrast in legal and strategic perspectives. I am highlighting a few nuggets from each that demonstrate a gap between biodiversity protection and conservation laws.
Laws Matter: A foundational approach to biodiversity conservation in Canada
Authors: Trevor Swerdfager and Andrea Olive, Publication: FACETS, 18 May 2023, Link
The researchers of the Laws Matter paper discuss issues with the fragmented implementation of biodiversity laws in Canada. National laws, outside of federal lands and waters, fall into the provinces and territories to implement. This leads to actions that vary significantly across the country.
“There are no legislative imperatives to conserve and protect biodiversity at a systemic level, to consider biodiversity beyond birds or commercially harvested fish species, to adopt ecosystem-based management approach to biodiversity conservation or to integrate biodiversity considerations into government decision-making more generally.”
With no explicit directives, the authors concede that provincial ministers are not bound to follow science-based evidence or declare how they make decisions impacting biodiversity.
“Achieving conservation data transparency in Canada remains a matter of policy choice for Ministers and their departments and is not mandated by law as in, for example, the European Union or the United States.”
The researchers argue that more shared research and holistic planning are required for better development and implementation of conservation laws.
Toward a 2030 Biodiversity Strategy for Canada: Halting and reversing nature loss
Environment and Climate Change Canada, May 15, 2023. Link
Following the Kunming-Montreal Global Biodiversity Framework (KMGBF), Environment and Climate Change Canada (ECCC) is in the development of the 2030 Biodiversity Strategy. A discussion paper was posted on May 15, 2023, outlining the goals and targets with a request for further input by July 14.
As part of the preceding 2020 strategy, the National Advisory Panel (NAP) was created and also noted the need for a cohesive strategy: “Considering the failure so far to achieve conservation goals and obligations, the scale and multifaceted nature of the endeavour, and the many people and jurisdictions to be involved, the NAP concludes that nature conservation in Canada needs to be reimagined.” (Shea et al, 2018)
ECCC’s discussion paper takes a bold step in a partial reimaging with some paradigm-shifting language, including a call for a “whole-of-society” and “all-of-government” approach considering “paths to reconciliation” and “making space for multiple ways of knowing.” It does not, however, go as far as mentioning the governance changes recommended by the NAP or those highlighted by the Laws Matter article.
The draft strategy does recognize the complexities of the shared jurisdiction between federal, provincial, territorial, and Indigenous nations as well as a variety of organizations and stakeholders. The challenge is noted in Target 14 and calls for “full integration of biodiversity and its multiple values into policies, regulations, planning and development processes, poverty eradication strategies, strategic environmental assessments, environmental impact assessments and, as appropriate, national accounting, within and across all levels of government and across all sectors…”
You can provide input into the 2030 Biodiversity Strategy until July 14, 2023, on the How to Participate page.
The gap between law and strategy
Canada’s previous biodiversity strategy goals were only partially met, and the targets of the KMGBF are even more pressing. As the Laws Matter researchers noted, laws are important as “they codify priorities and values, define and influence acceptable conservation behaviour…’ Without stronger governance, conservation policies, no matter how well-intentioned, suffer.
Recognizing the importance of Target 14 and the difficulty of its implementation, the NAP recommended the creation of a Nature Conservation Department to oversee biodiversity laws. In 2022, a Nature Advisory Committee was formed to help strategize solutions for the ECCC but without any formal governing power.
Another legal analysis in 2021 discussed some of the same issues, detailing the failures and fragmentation of biodiversity laws and it is well worth a read. (Ray et al, 2021). It is further evidence that the ECCC’s discussion paper may talk the transformative talk but without the legal clout, it may not be able to move the strategy into action.
Sources
Environment and Climate Change Canada (2023). Toward a 2030 Biodiversity Strategy for Canada: Halting and reversing nature loss (Discussion Paper). https://shorturl.at/lOXZ7
Ray, JC., Grimm, J. and Olive, A. (2021). The biodiversity crisis in Canada: failures and challenges of federal and sub-national strategic and legal frameworks. FACETS. 6: 1044-1068. https://doi.org/10.1139/facets-2020-0075
Shea, T., et al. (2018). Canada’s Conservation Vision: A Report of National Advisory Panel, Government of Canada. https://shorturl.at/dft59
Swerdfager, T., and Olive, A. (2023). Laws Matter: A foundational approach to biodiversity conservation in Canada. FACETS. 8: 1-13. https://doi.org/10.1139/facets-2022-0095
Sprout and book image source: Vecteezy
Angela C. Waite 