Today’s decision confirms that Nova Scotia’s ESA is the law, and not a set of vague or voluntary guidelines. The Minister is required to fulfill the law’s mandatory requirements to protect some of the province’s most vulnerable species. – Sarah McDonald, Ecojustice lawyer
Ram’s Head orchid
The Minister of Lands and Forestry (the Minister) is responsible for implementing the ESA [Endangered Species Act]. The Applicants say the Minister has failed to implement the ESA as it pertains to six representative species: Mainland Moose, Ram’s-head Lady Slipper, Canada Warbler, Black Ash, Wood Turtle, and Eastern Wood Pewee. Each of these species is native to Nova Scotia and is listed as endangered, threatened, or vulnerable under the ESA. The Applicants [Robert Bancroft, Federation of Nova Scotia Naturalists, Blomidon Naturalists Society and The Halifax Field Naturalists with East Coast Environmental Law Association as Intervenor] seek a declaration that the Minister’s failure to implement the ESA, specifically section 15, is unlawful and unreasonable; an order of mandamus; and a supervisory order by which the court would retain jurisdiction and require the Minister to produce status reports on the implementation of section 15.
