Federal court orders Canada to fix flawed habitat protections under Species at Risk Act
Halifax/K’jipuktuk, unceded territory of the Mi’kmaq — In a precedent setting victory, the Federal Court has ruled in favour of Ecojustice and its clients, striking down the federal government’s weakened approach to protecting critical habitat for the endangered Piping Plover.
The win is a major step forward for species protection in Canada. It confirms that the federal Minister of Environment and Climate Change failed to follow the law when approving the amended Recovery Strategy for the Piping Plover — a migratory shorebird that nests on beaches in Atlantic Canada and Québec.
At the heart of the case was a shift in how habitat was identified. The government replaced the clear, beach-by-beach approach used in 2012 with a vague “bounding box” method in the 2022 strategy. This new method included only fragments of beach based on unclear criteria, making enforcement harder and leaving large sections of habitat unprotected.
Ecojustice, representing East Coast Environmental Law and the Federation of Nova Scotia Naturalists, took the matter to court, arguing that the new approach was unreasonable and unlawful under the Species at Risk Act (SARA).
The judge ruled that the government’s decision lacked transparency and failed to engage meaningfully with the serious concerns raised during public consultations. In particular, the court found that the Minister had not provided adequate reasoning or justification for abandoning the more robust 2012 approach.
In its decision, the court quashed the problematic sections of the Recovery Strategy, giving the Minister 10 months to fix the errors — enough time to reconsider the strategy without creating a gap in legal protections for the bird. The applicants were also awarded legal costs for their successful application.
Sarah McDonald, Lawyer, Ecojustice said: “This ruling sends a clear message: the government can’t ignore the law or public concerns when it comes to protecting endangered species. Canadians have a right to hold the federal government to its legal duties — and now, we’ll be watching closely to ensure the Minister properly protects piping plover habitat, as the law requires.”
This case sets an important precedent. It sends a clear message that the federal government must meet its legal obligations under SARA — and that weakening protections for at-risk species will not go unchallenged.
Canada is in the midst of a biodiversity crisis. Species like the piping plover are running out of time. Strong, science-based recovery plans are essential to helping them survive and thrive. This win helps ensure that future strategies will be held to a higher standard — one based on law, not shortcuts.
