The Polar Bear is Not a Species at Risk in Canada (Contrary to what the Rest of the World Thinks): When is a Decision Not to List Unreasonable in Law?
University of Calgary - Faculty of Law
affiliation not provided to SSRN
May 14, 2010
There is general scientific and ethical consensus that the polar bear species is in peril and in need of protection if it is to avoid extinction. However Canada has resisted species at risk protection for the polar bear despite the fact that Canada is home to approximately two-thirds of the global polar bear population. We take the position in this paper that a denial of a polar bear listing under Canada’s Species at Risk Act is unreasonable in law. But whether or not this claim is correct is not our present concern, rather it is the absence of legal process to test this claim that concerns us. Our primary goal in this paper is to document the case of the polar bear as confirming a gap or shortcoming in legal accountability that threatens to impede legal protection for any species at risk in Canada where such protection has adverse economic consequences. If our argument is correct, this suggests there is little prospect that the Species at Risk Act will meet its purpose of preventing species extinction in Canada.
Number of Pages in PDF File: 29
Keywords: Endangered species, polar bear, rule of law
JEL Classification: K32working papers series
Date posted: June 17, 2010 ; Last revised: July 14, 2010
© 2013 Social Science Electronic Publishing, Inc. All Rights Reserved.
This page was processed by apollo2 in 0.641 seconds