Canada needs more than ambition to protect nature: we need accountability

The largest international biodiversity conference in more than a decade is taking place right now in Montreal. And the stakes couldn’t be higher. Around the globe, nearly a million animal and plant species are now threatened with extinction—more than ever before in human history. COP15 represents a crucial moment in the fight to protect and restore biodiversity, and will set the course for nature over the coming decade. The federal government has signalled strong ambitions for the conference, including targeting 30 per cent of lands and oceans to be conserved by 2030. But Canada has set ambitious biodiversity targets in the past and has consistently failed to meet them, including falling short of its targets under the last Convention on Biological Diversity (CBD) plan. So, what will make COP15 any different? Canada heads to COP15 with the opportunity to become a leader in the global fight to halt and reverse nature loss. This can only happen if ambitious targets are matched with regulatory change, better policies, and prioritized investment in the actions needed to realize them. It’s time we start dismantling Canada’s colonial relationship with nature, with greater respect for Indigenous rights, sovereignty, knowledge, and laws. Canada’s laws fall short on protecting nature Sarah Korpan leads Ecojustice’s efforts to advocate for a biodiversity law in British Columbia. Handout photograph Turtle Island is home to one-tenth of the world’s forests, one-quarter of the world’s wetlands, prairie grasslands with complex ecosystems, and the greatest concentration of freshwater lakes in the world — and yet our relationship with these spaces is deeply flawed. At-risk species in Canada have declined a staggering 59 per cent since 1970. To their credit, the current federal government seems acutely aware of the need for urgent action to tackle the interrelated climate and biodiversity crises. But the it is underutilizing one of the most powerful tools in its arsenal: legislation. Up to this point, the law has not been used effectively. A colonial and piecemeal approach to biodiversity protection that prioritizes resource development over ecosystem health has left a gaping hole in the ability to hold governments accountable to achieving CBD targets. Melanie Snow is a legislative affairs specialist with Ecojustice in Ottawa. Handout photograph Federally, Canada needs an overarching legal framework that prioritizes enabling and recognizing Indigenous land rights, while creating equitable access to nature for all. This framework must also include legally binding targets for protected spaces, thriving species, and the connectivity necessary to keep ecosystems intact. To create real accountability, the proposed law should require transparent reporting on both the targets and the plan (including reasons for failures) and empower the commissioner of the environment and sustainable development to examine and report on the Government of Canada’s implementation of the plans to achieve the targets. Getting the provinces and territories on board The governance of biodiversity in Canada is fraught with jurisdictional challenges that often get in the way of effective policy implementation. Protection of land and wildlife falls mostly within provincial jurisdiction, meaning Canada will need the provinces onside to achieve its CBD targets. British Columbia is a prime example of this challenge. B.C. is the most biologically diverse province or territory in Canada; it is also the province with the most species at risk – more than 1,900. The province not only lacks endangered species legislation, but the laws in place to manage wildlife prioritize the needs of industries like logging and mining over nature. Luckily, British Columbia's new premier seems to feel the heat, having committed to ramping up British Columbia's action on old growth. This commitment should encompass actions related to protection of biodiversity and ecosystems more broadly, including new legislation. Prioritizing decolonization and Indigenous Sovereignty While it is important that Canada’s ambitious new conservation targets are legally enforceable, it is equally important that Canada’s action plan respects Indigenous rights and sovereignty. Both federal and provincial biodiversity legislation must be co-developed with Indigenous peoples and meaningfully incorporate Indigenous knowledge in order to support Indigenous governance of biodiversity. Legislation, whether federal or provincial, must prioritize Indigenous treaty and inherent rights, and Indigenous jurisdiction over traditional territory. If Canada is serious about its commitment to biodiversity, it’s time to create transparent national legislation that binds biodiversity targets to a clear timeline and ensures legal accountability from governments. It is critical this process involves all levels of government as well as First Nations, Inuit, and Métis, using both western and traditional ecological knowledge to find the best solutions to protect nature. Melanie Snow is a legislative affairs specialist with Ecojustice in Ottawa. Sarah Korpan leads Ecojustice’s efforts to advocate for a biodiversity law in British Columbia. The Hill Times