Endangered Species Act Lawsuit
Court of Appeal decision not in our favour
On October 11 2016, the Ontario Court of Appeal released its decision dismissing our appeal of a lower court ruling that puts already endangered species at further risk of extinction. The appeal, argued pro bono by veteran lawyers Lara Tessaro and Anastasia Lintner, challenged the Ontario Divisional Court’s decision to uphold a provincial regulation that exempts major industrial activities— including forestry, mining, energy, and residential development — from the strict protection standards outlined in the Endangered Species Act (ESA). In many instances, these exemptions give industries a free pass to kill endangered or threatened species and destroy their habitat, as long as this harm is “minimized.”
- 2007: The Ontario government passes the ESA, considered the gold standard law for species protection in North America.
- July 1, 2013: The provincial Cabinet regulation under the ESA that dramatically weakens protection for Ontario’s at-risk wildlife came into effect. The regulation exempts many major industrial activities from the ESA, allowing them to dodge crucial protection measures. It also significantly reduces government oversight of harmful activities.
- September, 2013: Ontario Nature joins forces with the Wildlands League to sue the government over the regulation. Click here to read our press release announcing the lawsuit.
- May 29, 2015: Ontario’s Divisional Court upholds the provincial regulation. Click here to read a press release about the decision.
- September 2015: Ontario Nature and Wildlands League win the right to appeal this very disappointing decision.
- April 19, 2016: The appeal is heard in Toronto.
- October 11, 2016: The Ontario Court of Appeal rules that the exemption regulation is lawful.
Why does it matter?
The survival of Ontario’s most vulnerable wildlife is now weighed against competing industrial interests, which may tip the scale towards extinction. Every single endangered and threatened species in the province is deprived of the full protection of the law.
Who else cares?
Click here to read the letter that Ontario Nature, and more than 50 other organizations, sent to Premier Kathleen Wynne asking that the Endangered Species Act be upheld. Nothing beats these words of wisdom from Ontario Nature’s Youth Council imploring the Premier to stand up for endangered species.