Ottawa must better protect the habitat of migratory birds, according to the Federal Court

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The marbled murrelet, which nests in the old-growth forests of the British Columbia coast, is one of the endangered species in Canada.

Radio-Canada

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Environmental groups say a recent Federal Court ruling should prompt the federal government to take swift action to protect migratory bird habitat from old-growth logging and other forms of destruction .

Last week, a Federal Court judge sided with environmental groups Sierra Club BC and Wilderness Committee, represented by Ecojustice, who alleged that federal Environment Minister Steven Guilbeault misinterpreted the Endangered Species Act is too restrictive.

The groups say Steven Guilbeault took a position in 2022 that the federal government had no obligation to protect these habitats beyond nests in provincial parks, which excluded the environment more vast area that at-risk migratory birds need to survive.

If this interpretation were not questioned, the groups say the majority essential habitats of at least 25 species of endangered migratory birds – including the marbled murrelet which nests in the old-growth forests of coastal British Columbia – would thus not have been protected on non-federal lands across the country.

In his ruling last week, Chief Justice Paul Crampton found the minister's interpretation was unreasonably narrow, dismissing the minister's protective declaration to the government to reexamine it.

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The minister argued that his interpretation maximized the ability of the provinces to act in an area of ​​shared jurisdiction, while a more large risked compromising cooperation between levels of government.

With information from The Canadian Press