In a case highlighting an endangered bird habitat, the Ontario Court of Appeal will be interpreting for the first time a provision of the Endangered Species Act (ESA) that “could affect protected species across the province,” a lawyer for Ecojustice said.   

On March 11, environmental groups intervened at the court to address “the meaning of ‘damage’ to habitat under section 10 of the ESA, which makes it an offence to damage or destroy an endangered or threatened species’ habitat,” a release from Ecojustice explained.

The court granted Environmental Defence Canada Inc. (Environmental Defence) and the Federation of Ontario Naturalists (Ontario Nature) leave to intervene in a case between the Town of South Bruce Peninsula (the appellant) and the Ministry of Natural Resources and Forestry (the respondent).