Ottawa Federal Court Justice Yvan Roy found Steven Guilbeault's recommendation to cabinet did not meet his responsibilities under the Species at Risk Act for what is believed to be B.C.'s last wild spotted owl.
Cabinet ultimately decided not to issue an emergency order to protect the birds, but the petition launched by the Wilderness Committee argued Guilbeault had taken too long between deciding the owl faced imminent threats and making his recommendation. However, the judge found"that argument must itself be tempered" by the purpose of the species-at-risk law, which establishes the need for urgent action.
The act includes a provision for an emergency order to be repealed if the minister and cabinet decide a species is no longer in imminent danger, Roy noted.