Laws matter: a foundational approach to biodiversity conservation in Canada

Abstract

This perspective essay examines the role of conservation law in contributing to biodiversity decline by exploring how current conservation laws exacerbate the challenges Canada faces. We contend that there are three intertwined foundation-setting functions of conservation law: they codify priorities and values, define and influence acceptable conservation behaviour, and drive the establishment of the institutions, programs, and governance arrangements of today’s conservation regime. We describe these functions and then assess whether conservation laws in Canada are adequately fulfilling the functions. We find that the federal conservation law regime is sub-optimal and likely incapable of halting and reversing the negative biodiversity trends. Based on this, we suggest a set of conservation legislative principles capable of catalyzing change and supporting the transition to a more sustainable conservation future.