Background

Habitat loss is the main cause of decline for more than 95 per cent of at-risk species on land. Protecting threatened and endangered bird species requires protecting the ecosystems they depend upon for survival and recovery, including forests and other wildlands. 

Under the Species at Risk Act (SARA), the minister is required to ensure protection of critical habitat for at-risk migratory birds on provincial lands to which the Migratory Bird Convention Act (MBCA) applies. However, the Minister has taken the position that the federal government has no obligation to protect anything other than bird nests on provincial lands.

This is bad news for all at-risk migratory birds in Canada. Among these is the Marbled Murrelet, a small, threatened, migratory seabird that nests high in the mossy branches of old growth trees in British Columbia. The birds only approach or leave their nests under the cover of darkness, making the nests nearly impossible to find and difficult to protect. 

The main threat to the Marbled Murrelet’s survival and recovery is logging of their nesting habitat. Surveys conducted in some of the last intact old-growth areas on Southern Vancouver Island in 2021 revealed over 300 marbled murrelet detections overtop of a proposed cutblock in the Ada’itsx (Fairy Creek) area on Pacheedaht territory. This habitat was outside the deferral area and was set to be logged by Teal-Jones Group. No action was taken to stop logging because the nests themselves could not be identified. The cutblock was logged roughly a week after the federal and provincial governments were notified of the marbled murrelet detections.

Plant and animal species are the foundation of a healthy ecosystem. When a species like the Marbled Murrelet becomes threatened, it is a sign the ecosystem is deteriorating. Each species that is lost triggers spillover effects within its ecosystem, including the loss of other species. 

B.C. is the most biodiverse province in Canada and the one with the most species at-risk. These two facts are linked. The province is one of the few in Canada without specific legislation to protect the habitat of endangered species, which leaves B.C.’s biodiversity virtually unprotected and vulnerable to the impacts of logging, mining, and other industrial activities.

In 2020, the B.C. government committed to implementing all 14 recommendations outlined in the provincial Old-Growth Strategic Review (OGSR), including to “Declare conservation of ecosystem health and biodiversity of British Columbia’s forests as an overarching priority and enact legislation that legally establishes this priority for all sectors.” While work on a framework continues there is still uncertainty when effective legislation might be enacted. This makes the federal government’s responsibility under SARA to protect critical habitat of at-risk species in the province all the more important.

Recent years have seen a rise in tangible habitat threats such as wildfires, heatwaves, and the logging of old growth forests, leaving endangered species increasingly vulnerable to extinction. A recent analysis of 492 wildlife species protected under SARA found that the status of 64 per cent of them has not improved, while the status of 18 per cent has worsened. By allowing the continued destruction of critical habitat for at risk species, the government is accelerating the biodiversity crisis. 

This case has larger implications for habitat protection for bird species across Canada. If the groups are successful, the federal government would have to take steps to ensure protection of the habitat and ecosystems bird species are embedded in, rather than just applying often-ineffective measures to protect nests. This could in turn lead to the protection of more old growth forests and other habitat important to migratory birds.