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?

Abstract

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.