Endangered Spaces and Species

• Author: Jamie Benidickson
• Profession: Faculty of Law University of Ottawa
• Pages: 297-321

297

CHA PTER 14

ENDANGERED SPACES

AND SPECIES

A. THE R ATIONALE

Many features of environmental law safeguard human populations

from the adverse effects and other impacts of environmental contam-

ination and deterioration. Other initiatives, however, are specif‌ically

designed to protect the environment and its non-human in habitants

from seemingly inexorable human interventions, even where such

interventions — a t ransportat ion corridor, or a drainage program, for

example — might be perceived as “improvements.” Along with pollu-

tion, developments of this kind impose severe costs on w ildlife either

by contamination, fragmentation of breeding territories, or destruct ion

of certain types of vital h abitat a nd m igration routes. In addition, of

course, humans themselves value and benef‌it from natural spaces for a

range of economic, social, and spiritua l reasons.

The Canadian Wilderness Charter, a document developed under the

auspices of the World Wildlife Fund Canada a nd signed by more t han

half a million people, constitutes a powerful statement of the ration-

ale for protecting wild a nd natural spaces. Humankind, the charter

reminds us, is but one of millions of species sharing a planet whose fu-

ture is severely threatened by our activities. Much of the Earth’s former

wilderness cha racter is already lost, thereby endangering many species

and ecosystems, but Canadi ans still have the opportunity to complete

a network of protected areas representing the biological diversity of

the country. For their inherent value, for their inf‌luence on national

ENVIRONMENTA L LAW298

identity, and in light of an intrinsic human need for spiritual rekind-

ling and artistic in spiration, Canada’s remaining wi ld spaces should be

protected. Protected a reas can serve a variety of purposes, including

preserving a genetic reservoir of wild plants and animals for future

use and appreciation; producing economic benef‌its from env ironment-

ally sensitive tourism; offer ing opportunities for research a nd environ-

mental education; and maintaining options for traditional wilderness

use by aborigina l people.1

Very similar themes emerged from international discussions cul-

minating in the Convention on Biological Diversity adopted at the United

Nat ions C onfer ence on Envi ronme nt and Devel opment in Ri o de Ja neiro

in 1992. Since Canad a was the f‌irst industr ialized country to ratify t he

CBD and since th e Secret ariat for the Con vention i s locate d in Mont real,

it may be worthwhile outlining current strategic goals under the CBD to

provide a point of reference for related Canadian initi atives.

In assessing progre ss and formulating a strategic plan with a target

for 2010, partie s to the biodiversity convention identif‌ied seven focal

areas:

1) Reducing t he rate of los s of the component s of biodiver sity, in-

cluding:

i) biomes, habitats and eco systems;

ii) species and population s; and

iii) genetic diversit y;

2) Promoting susta inable use of biodiversity;

3) Addressing the major threats to biodiversity, including those

arising from invasive alien spec ies, climate change, pol lution,

and habitat change;

4) Maintain ing ecosytem integr ity, and the provision of goods and

services provided by biodiversit y in ecosystems, in support of

human well-being;

5) Protecting tr aditional knowledge, in novations and practice s;

6) Ensuring t he fair and equitable sharing of benef‌it s arising out of

the use of genetic resource s; and

7) Mobilizing f‌inancial and technical resources . . . for implementing

the Convention and the Strateg ic Plan.2

1 M. Hummel, ed., Endangered Spa ces: The Future for Canada’s Wilderness (Toron-

to: Key Porter, 1989) at 275.

2 Subsidiar y Body on Scientif‌ic, Technical and Technolog ical Advice, Convention

on Biological Diversity, “Second Glob al Biodiversity Outlook: Dr aft Executive

Summar y” UNEP/CBD/SBSTTA/11/6 (5 October 2005) at para. 8.