Rodrigo Estrada Patiño is program director at Greenpeace Canada. Stephen Hazell is president of Ecovision Law and was executive director of both Sierra Club Canada and the Canadian Parks and Wilderness Society.
Earlier this summer, the federal government introduced in Parliament Bill C-73, the Nature Accountability Act, meant to hold the country to its nature and biodiversity commitments. Full marks to Environment and Climate Change Minister Steven Guilbeault for shepherding the bill to secure tabling before Parliament’s summer break. However, the question is whether it is good enough to put Canada on track to achieving its biodiversity objectives.
Canada is in the middle of a dire nature crisis caused by habitat destruction, unsustainable use, pollution, invasive species and climate change. More than 2,000 species across the country are currently facing a risk of extinction. For instance, the population of the northern spotted owl in Canada, which some call an “umbrella species” for the health of a vast forest ecosystem, has already dwindled to just one female. This is far from being an isolated case. Some boreal caribou herds in Quebec have already crossed the “threshold of near disappearance.” Furthermore, the population of the American bumblebee has also plummeted by a staggering 99 per cent over just the past 30 years, putting our entire food system at risk.
“The current version of Bill C-73 is not good enough — akin to a bucket brigade throwing pails of water on a burning house.”
Despite the crisis, Canada has consistently failed to meet its obligations to protect nature over the three decades since the Convention on Biological Diversity came into force. A 2018 report from Canada’s environment commissioner concluded that the federal government “had no plan for achieving Canada’s biodiversity targets.” The performance of provincial governments generally has been even worse and the constant delays in delivering a caribou strategy by the government of Quebec is just one of many examples.
Given this dismal record, recent federal action to halt and reverse nature loss is positive. Canada has been hailed internationally for convincing 196 nations to sign on to the United Nations’ Global Biodiversity Framework in Montreal in December 2022. The framework has four goals and 23 targets to halt and reverse biodiversity loss by 2030. Key targets include: ensuring an effective restoration of 30 per cent of degraded ecosystems; protecting 30 per cent of terrestrial and marine areas; and halting human-induced extinction of threatened species. As well as other signatories, Canada must submit a so-called national biodiversity strategy and action plan at the next Conference of the Parties — known as COP16 — in Cali, Colombia, in October 2024.
The Global Biodiversity Framework is a major achievement but does not necessarily mean that Canadian governments will take action. Too often, Canada talks big internationally and walks small domestically. Accountability is required to ensure progress is achieved, and legislation is needed to ensure accountability.
The Nature Accountability Act originated in a paper written by lawyer David Geselbracht, and was tabled as Bill C-73 after tens of thousands of people called on Prime Minister Justin Trudeau to pass such a law to protect nature in a Greenpeace petition. Unfortunately, the current version of Bill C-73 is not good enough — akin to a bucket brigade throwing pails of water on a burning house.
“Too often, Canada talks big internationally and walks small domestically.”
On the one hand, it affirms Canada’s commitment to contribute to attaining the Global Biodiversity Framework’s targets and goals and requires the government to make plans to meet targets and publicly report on progress. On the other hand, the bill does not legally entrench domestic targets linked to those of the framework, nor does it set legally enforceable standards to ensure consistency and accountability in required plans and reports.
Bill C-73 also misses the opportunity to ensure that policies respect Indigenous Rights, support Indigenous-led initiatives and ensure that federal decisions to develop natural resources do not undermine Canada’s ability to meet its Global Biodiversity Framework commitments. That is why Greenpeace Canada and other civil society groups are calling on the federal government to work with political parties to achieve consensus on amendments for stronger legislation before the next October 2024 Conference of the Parties. Justin Trudeau should focus on passing a strong Nature Accountability Act that respects Indigenous Rights and protects biodiversity, if he truly wants to celebrate Canada’s international leadership in Cali.
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