For the Birds

The Canadian Constitution is a point of no small amount of pride in many Canadians and also a point of some contention. In this day and age we sometimes struggle to fit issues of the modern day with the Constitution. Equality rights, euthanasia, religion, terrorism and more, are all issues which we struggle to fit into our constitutional framework. Another issue has been added to the list: Migratory Birds.

In August of 1916 Canada (or more properly the U.K.) and the United States concluded a treaty in recognition of the importance of protecting Migratory Birds which were “…in danger of extermination through lack of adequate protection during the nesting season or while on their way to and from their breeding grounds.” The Convention between the United Kingdon and the United States for the Protection of Migratory Birds in Canada and the United States, T.S. 7 (1916), sought to protect such migratory birds. Pursuant to this convention Canada, in 1917, enacted the Migratory Birds Convention Act, S.C. 1917, c. 18 and the act is still in force today as S.C. 1994, c.22.. But now in 2008 some 90 plus years since the treaty and Act were first implemented, comes word that J.D. Irving Ltd, (which is “is acting now to ensure that these and other areas of ecological importance remain healthy and vibrant through our: (amongst others) -Habitat conservation…”) ((J.D. Irving Ltd, “Environment” online: http://www.jdirving.com/environment.aspx?
id=164&coll_id=112&ekmensel=24_submenu_0_link_2))
is launching a constitutional challenge to the Migratory Birds Convention Act, alleging that the act is too vague. Documents files by J.D. Irving Ltd, “allege the act is unnecessarily broad and lacking in precision.” ((“Irving launches constitutional challenge of migratory birds act”: CBC News.ca (10 March 2008), online:http://www.cbc.ca/canada/new-brunswick/story/2008/03/10
/irving-herons.html?ref=rss))

This follows J.D. Irving Ltd. being charged under the Act for the destruction of nesting grounds of Great Blue Herons in the construction of a logging road. I hope our constitution is equipped to resolve this potential constitutional quagmire.