Environment Minister Steven Guilbeault broke the law when he waited eight months to recommend an emergency order protecting British Columbia’s endangered spotted owls, a federal court judge has ruled.
Environmental group Wilderness Committee argued the delay was unreasonable and unlawful. Justice Yvan Roy agreed, saying Guilbeault had formed an opinion that the species faced imminent threats to its survival and recovery months before he made a formal recommendation.
Roy found Guilbeault had violated the Species at Risk Act.
“Once [there is] the opinion that the threats are about to happen, the Act says that the recommendation must be made. There is [an] emergency,” Roy wrote in a June 7 decision.
“I find it difficult to fathom how a period of more than eight months could be reasonable once the opinion has been formed.”
This is the best summary I could come up with:
Environment Minister Steven Guilbeault broke the law when he waited eight months to recommend an emergency order protecting British Columbia’s endangered spotted owls, a federal court judge has ruled.
Justice Yvan Roy agreed, saying Guilbeault had formed an opinion that the species faced imminent threats to its survival and recovery months before he made a formal recommendation.
In January 2023, Guilbeault said the spotted owl faced “imminent threats to its survival” should logging activities continue in two watersheds within Spuzzum territory in the Fraser Canyon, around 130 kilometres northeast of Vancouver, according to documents presented to the federal court.
The next month, it was announced in a letter from the Canadian Wildlife Service that Guilbeault would recommend the federal cabinet issue an emergency order to prevent logging in the area.
The federal government defended the delay in court by saying Guilbeault had to supply a “more fulsome record” to cabinet rather than his recommendation and needed time to conduct a socio-economic analysis and consult the B.C.
“Since 2021, Canada has provided over $5 million in contributions to the government of British Columbia and to Indigenous peoples in support of spotted owl recovery efforts,” the ministry said.
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