12°c Overcast
17°c Cloudy with showers
The Canadian Press - ONLINE EDITION
Environmentalists challenge federal sage grouse secrecy in court
VANCOUVER - Environmentalists are asking a court to stop what they say is Ottawa's use of cabinet secrecy to hide decisions and smother debate about endangered species.
"It's getting weird," said Melissa Gorrie, an environmental lawyer involved with the case going before the Federal Court of Appeal in Vancouver on Tuesday.
The fight began with a November 2011 attempt by environmental groups before the courts to force Environment Minister Peter Kent to issue an emergency protection order for sage grouse. They say Kent is obliged to do so under terms of the Species At Risk Act when a species is threatened with immediate disappearance.
The familiar prairie bird is down to mere dozens in its grassland home and scientists say it will disappear entirely within a decade unless habitat is protected from continuing energy and industrial development.
When Kent failed to move one way or another after 10 weeks, the environmentalists requested a judicial review of what they called his refusal to carry out his responsibilities. They also asked for any materials Kent was using in his decision.
Kent's office refused to provide those documents. Nor has it offered anything beyond year-old statements saying the issue was, at that time, still under consideration. It won't even say if a decision has been made.
The government has argued that because Kent conferred with cabinet colleagues, the entire matter is covered by cabinet confidentiality.
A Federal Court judge sided with the government. Gorrie, an Ecojustice lawyer representing the Alberta Wilderness Association, said that ruling erred.
"We're saying you can't claim cabinet confidence over the very fact a decision's been made," she said. "We're just asking for that simple fact of information so that the environmental groups we represent can know and the general public can know what the government is doing."
Gorrie said that under the law, protecting sage grouse is Kent's responsibility, not cabinet's. She adds the government was willing to produce such information in a similar and recent case involving emergency protection for caribou.
"We didn't run into any of these issues. We were told when (the minister) was still thinking about it. And when the minister made a decision we were told what the decision was and we were provided with at least some form of reasons.
"In this case, it's in a black box."
In its documents, the government argues that decisions around cabinet secrecy aren't subject to legal review. It also states ministers must be able to talk about issues with their colleagues in private.
"A minister's recommendation to his colleagues, at any stage of the policy and decision-making process, is a cabinet confidence," the documents say.
Gorrie said that stretches the traditional use of cabinet confidentiality.
She said that could mean any cabinet ministers who discussed anything with a colleague would be able to dodge public scrutiny and judicial review of whether they have lived up to their responsibilities.
"This very broad claim of cabinet confidence cannot stand."
The situation is urgent, said biologist Susan Pinkus, who works for Ecojustice.
"It's excruciating to watch this procedural wrangling," she said. "The sage grouse are on their way out if nothing is done.
"We're talking a really dire emergency."
— By Bob Weber in Edmonton
More The Green Page
- Back to Top
- Return to The Green Page
More The Green Page
(1 of 23 articles for this week)
Kinder Morgan takes next step in its Trans Mountain oil pipeline expansion plan
05/24/2013 6:41 PM 0Kinder Morgan Canada's proposal to increase the capacity of its Trans Mountain pipeline calls for 30 oil tankers a month ...
Poll
Most Popular The Green Page
- Ocean fertilization project leader fired, but First Nation still backs iron dump
- Vancouver Aquarium breeds endangered frogs, plans to release amphibians
- Sunk? No reports of drifting ghost ship Lyubov Orlova in more than two months
- Warm weather with cool breaks forecast for Canada this summer
- Spray ban may be coming
- Coast guard will lower subsea bags to seal leaking shipwreck off Newfoundland
- Logging begins near Vancouver Island's pristine Juan de Fuca Marine Trail
- Calif. bill sought to require product makers to reduce plastic trash polluting the ocean
- Cleanup of the Buchans mine in Newfoundland moving into its final phase
- Seal hunt off Newfoundland called best in years as protesters push for its end
- Warm weather with cool breaks forecast for Canada this summer
- Boreal Forest conservation negotiations end in failure after three years
- Ocean fertilization project leader fired, but First Nation still backs iron dump
- Vancouver Aquarium breeds endangered frogs, plans to release amphibians
- Wildfire west of Edmonton forces 200 people from homes, another 200 on alert
- Sunk? No reports of drifting ghost ship Lyubov Orlova in more than two months
- Boil water advisory affecting 1.3 million people in Montreal lifted
- More than 91,000 litres of oil spilled from derailed Saskatchewan train
- Spray ban may be coming
- White beefalo has new home to roam at Saskatoon's Forestry Farm exhibit
- Warm weather with cool breaks forecast for Canada this summer
- Emergency management officials waiting for water levels to rise in Regina
- Flooding prompts three Saskatchewan communities to declare states of emergency
- Navy warship fuel spill into Halifax harbour described as "significant"
- Technology will be key to conquering climate change in long run, Harper says
- Harper heads to New York to face grilling on Canada's environmental record
- Boreal Forest conservation negotiations end in failure after three years
- Ocean fertilization project leader fired, but First Nation still backs iron dump
- Purchasing power: Five ways consumers can be more socially conscious in shopping
- Former Liberal prime minister intends to let Americans know the benefits of Keystone
- Warm weather with cool breaks forecast for Canada this summer
- Vancouver Aquarium breeds endangered frogs, plans to release amphibians
- Warm weather with cool breaks forecast for Canada this summer
- 10th Saskatchewan community declares flood emergency; Regina residents told to prepare
- Better oil price needed for emissions controls to work: environment minister
- Harper heads to New York to face grilling on Canada's environmental record
- More money may be needed for heritage area along Manitoba-Ontario boundary
- Sandbags filled, barriers ready as Saskatchewan communities prepare for flooding
- Purchasing power: Five ways consumers can be more socially conscious in shopping
- Ship that sank in 1985 likely source of small oil slicks off Newfoundland
- Liberal Justin Trudeau praises Alberta premier for Keystone efforts, pans Harper
- Vancouver Aquarium breeds endangered frogs, plans to release amphibians
Ads by Google
You can comment on most stories on winnipegfreepress.com. You can also agree or disagree with other comments. All you need to do is register and/or login and you can join the conversation and give your feedback.
Have Your Say
New to commenting? Check out our Frequently Asked Questions.
The Winnipeg Free Press does not necessarily endorse any of the views posted. By submitting your comment, you agree to our Terms and Conditions. These terms were revised effective April 16, 2010.