Western Canada Wilderness Committee v. Canada (Environment and Climate Change)
Western Canada Wilderness Committee
Law Firm / Organization
Ecojustice Canada
Attorney General of Canada
Law Firm / Organization
Department of Justice Canada
Minister of Environment and Climate Change
Law Firm / Organization
Department of Justice Canada

- Parties: The applicant was the Western Canada Wilderness Committee. The respondents were the Minister of Environment and Climate Change and Attorney General of Canada. 

- Subject Matter: This case revolved around the Species at Risk Act, 2002 and the duty created by legislation on the Minister of Environment and Climate Change to recommend to the Governor-in-Council the issuance of an emergency order once a case met certain conditions. The species at risk here was the spotted owl, which only had three individuals remaining in the B.C. wilderness at the time of the making of an opinion concerning an imminent threat to its survival. The applicant put significant pressure on the Minister, who allegedly failed to make a recommendation to the Governor-in-Council once he formed the opinion that the species faced imminent threats to its survival or recovery. The applicant made a request for declaratory relief. 

- Ruling: The court ruled in the applicant’s favour and declared that the Minister of Environment and Climate Change’s delay in making his recommendation for an emergency order was not in accordance with the obligation under s. 80(2) of the Species at Risk Act. The court decided that the conditions precedent were present in this case. 

- Date: The hearing was set on Oct. 18, 2023. The court released its decision on June 7, 2024. 

- Venue: This was a federal case before the Federal Court. 

- Amount: The court awarded the applicant its costs calculated under r. 407 plus its disbursements and taxes. 

Federal Court
T-1177-23
Environmental law
$ 0
Applicant
06 June 2023