Biodiversity Litigation in Canada

Abstract Although Canada began negotiating and ratifying modern international biodiversity agreements in the 1970s, biodiversity litigation has mostly focused on the implementation of laws and regulations linked to the commitments Canada made when ratifying the Convention on Biological Diversity (CBD). Areas of particular focus have included species at risk, protected areas, and the customary sustainable use of biological resources by Canada’s indigenous peoples. Canada’s courts and tribunals have traditionally shown deference for the actions of other branches of government, but this deference is being challenged where government actions conflict with Canada’s international commitments or with prevailing science. Public interest litigation has shown how courts can grapple with CBD implementation despite traditionalist objections to reliance on international law arguments, and concerns about transforming courtrooms into ‘academies of science’. It remains to be seen whether Canada can reconcile its international commitments to biodiversity and constitutional obligations to its indigenous peoples while it staunchly reaffirms its commitment to resource-based development and the fossil fuel economy. Although this is primarily a political question, litigation offers an avenue to promote change.