Common Law, Statutes and Conservation Values: Do They Have Anything in Common?

Abstract

Basic values in Canadian society are thought to be moving toward an expanded conservation ethic. There are two schools of thought. "Wise-use" conservation signifies management of forests and wildlife to maximize utilitarian values. "Preservationist" conservation is more concerned with intrinsic values in nature. Canadian common law and statutes are examined to determine what support they provide for "wise-use" conservation or a "preservationist" approach to resource management. Deficiencies are identified. Moreover, where statutes do impress on resource managers a duty to employ "wise-use" principles, noncompliance is often tolerated and Canadian courts are reluctant to hold public servants to the letter of the law. Integrated management is a precondition to making the trade-offs between forests and wildlife required by a "wise-use" policy, but by itself, provides no measure by which to make such trade-offs. "Wise-use" principles do provide such a measure, but their utilitarian emphasis invariably reduces wildlife to second place in competition with trees. If society wants to preserve intrinsic values in wildlife, the only alternative strategies available are raw potential power or charterlike laws that express clear principles of preservation. These laws would be society's choice in favour of arresting the deterioration in the natural environment documented in the World Conservation Strategy. Key words: Resource, Conservation, Conservation policy, Conservation law, Integration.