"The Species At Risk Act was such an important thing to do for a Liberal government 25 years ago.… And now we have a Liberal government that wants to, you know, stab it to death." - David Green, former chair of the Committee on the Status of Endangered Wildlife in Canada (from CBC News Aug. 20, 2026)
One reason Skaana exists is because usually scientists only get this passionate and frank privately. The scientists are more tactful in their letter weighing in on the federal government’s proposal to castrate the Species At Risk Act (and end the southern resident orcas) but I felt it was worth sharing in its entirety here.
Open Letter to Privy Council, July 2026
July 21, 2026
The Privy Council Office
Government of Canada
Submitted electronically to: engagement@pco-bcp.gc.ca
Response to ‘Getting Major Projects Built in Canada - Discussion Paper on
Proposed Legislative, Regulatory, and Policy Reforms’ (May 8, 2026)
Dear Privy Council Office,
We write as former Chairs of the Committee on the Status of Endangered Wildlife in
Canada, or COSEWIC, the Federal Body that assesses wildlife species at risk of
extinction in Canada and that makes subsequent recommendations for listing of
those wildlife species under Federal legislation (Species at Risk Act ( SC 2002, c.
29)). The Species at Risk Act (SARA) is a cornerstone of sound management of our
natural heritage in Canada.
As experts on species at risk in Canada and the SARA process in particular, we
would like to express our concern about a particular part of the recent Discussion
paper on proposed reforms to federal practice associated with major projects, made
public this past May (https://tinyurl.com/3rsbsdrd). The proposal is as follows:
“Giving the GIC limited power, with a high threshold to be met, to exempt specific
projects from the application of the jeopardy test for species at risk, but only if it’s in
the public interest and if the proponent has made all reasonable efforts to avoid or
reduce impacts on at-risk species.”
This “jeopardy test” above refers to S.73 of the Species at Risk Act, which states:
“73. (1) The competent minister may enter into an agreement with a person, or issue
a permit to a person, authorizing the person to engage in an activity affecting a listed
wildlife species, any part of its critical habitat or the residences of its individuals [...]
(3) The agreement may be entered into, or the permit issued, only if the competent
minister is of the opinion that [...] (c) the activity will not jeopardize the survival or
recovery of the species.”
Our understanding is that the proposal in the Discussion paper would allow the
competent minister to either simply not form an opinion of whether an activity might
jeopardize the survival or recovery of a federally listed species, or allow for the
activity even if they are of the opinion that it would jeopardize the listed species.
1Open Letter to Privy Council, July 2026
Neither of these interpretations are helpful. The purpose of SARA is explicitly the
survival and recovery of wildlife species that are deemed at risk (S.6):
“The purposes of this Act are to prevent wildlife species from being extirpated or
becoming extinct, to provide for the recovery of wildlife species that are extirpated,
endangered or threatened as a result of human activity and to manage species of
special concern to prevent them from becoming endangered or threatened.”
It is therefore our professional opinion that the Species at Risk Act becomes
meaningless if S.73 (the “jeopardy test”) is no longer in force.
We strongly urge the government to remove this proposal from any impending
legislative changes. This government might use any new discretionary power
sparingly, but future governments might not. A strong and resilient economy
absolutely requires a strong and resilient environment, and that in turn requires the
sound environmental management that SARA was designed to support.
Sincerely,
Dr. David Green, Professor Emeritus, McGill University
Chair, COSEWIC (1998-2002)
Dr. Marco Festa-Bianchet, Professor Emeritus, Université de Sherbrooke
Chair, COSEWIC (2002-2006)
Dr. Marty Leonard, Professor (retired), Dalhousie University
Chair, COSEWIC (2010-2014)
Dr. Eric Taylor, Professor Emeritus, University of British Columbia
Chair, COSEWIC (2014-2018)
Dr. John Reynolds, Professor, Simon Fraser University
Chair, COSEWIC (2018-2022)
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