Keith Stelling – 8.0 – Illegal contravention of existing federal-provincial legislation
8.0 Illegal contravention of existing federal and provincial legislation
Under the Ontario Endangered Species Act (2007), the MNR is required:
1. To identify species at risk based on the best available scientific information. . . .
2. To protect species that are at risk and their habitats, and to promote the recovery of species that are at risk”. Ontario Endangered Species Act (2007)
The Endangered Species Act says: “(3) In preparing a strategy under subsection (1), the persons who are preparing the strategy shall consider the principle that, where there is a threat of significant reduction or loss of biological diversity, lack of full scientific certainty should not be used as a reason
for postponing measures to avoid or minimize such a threat. 2007, c. 6, s. 11 (3)”.
A decision to grant an Overall Benefit Permit for Amherst Island would therefore represent a failure of the MNR to fulfill its responsibilities under the Ontario Endangered Species Act (2007).
A decision to grant an Overall Benefit Permit for Amherst Island would also contravene Canada’s Migratory Birds Convention Act (1994).