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| Jenna Brunt |
Bill C-73 not only sparks hope for nature’s protection but changes the course of environmental law, being the first ever proposed law in Canada aimed at safeguarding biodiversity.
Bill C-73 compels Canada to recognize its commitment to protecting nature and biodiversity in alignment with its international commitments under the Kunming-Montreal Global Biodiversity Framework (as agreed to at COP15) and requires the establishment of a national biodiversity strategy and action plan. Among the targets set out in the Biodiversity Framework are:
- to protect 30 per cent of lands and waters by 2030 (Target 3)
- to require conservation decision-making that fully and equitably respects the cultures and rights over lands, territories, resources and traditional knowledge of Indigenous Peoples (Target 22)
This bill has been called a “game-changer” for environmental law and offers a critical opportunity to hold Canada accountable for fulfilling its nature and biodiversity commitments. It also serves as a starting point to advocate for
Photo of Whitewater Lake, Azilda,Ont. courtesy of the author
It is widely recognized that Canada’s nature and biodiversity are in crisis, with a million species at risk of extinction over the next few years, according to scientists. While the introduction of this bill marks a significant step forward in protecting and restoring Canada’s natural environment, without proper implementation and enforceability, nature and biodiversity will remain in a dangerous decline. Much work remains to ensure the targets set out in the Global Biodiversity Framework are upheld. This includes:
- requiring ecosystem-based targets to ensure all ecosystems are both represented and protected on a sufficient scale to ensure their ecological integrity;
- directly citing Canada’s 30 per cent by 2030 target and also establishing interim targets to ensure appropriate progress is made towards 2025 and 2030 biodiversity protection goals;
- enabling the creation of Indigenous Protected and Conserved Areas legal designations to advance the equitable inclusion of Indigenous Peoples in conservation decision-making;
- improving accountability and transparency measures, including reviews by the Commissioner of Environment and Sustainable Development and Parliament regarding the sufficiency of Canada’s actions to implement the Kunming-Montreal Global Biodiversity Framework;
- ensuring adequate resourcing, including conservation financing solutions that ensure economic development funding for First Nations engaged in protecting lands and waters.
This is the first opportunity we have to galvanize the urgent and transformative action required to address the biodiversity crisis and ensure comprehensive legal measures are in place to effectively halt and reverse biodiversity loss in Canada. Achieving this goal will require leadership and a vocal public acting in concert to influence outcomes so that we can change course and successfully reach the global vision of a world living in harmony with nature by 2050.
Jenna Brunt joins Legal Advocates for Nature’s Defence as its inaugural summer law student. Brunt will be entering her third year of law school this coming fall at Bora Laskin Faculty of Law at Lakehead University in Thunder Bay.
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