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The Peter A. Allard School of Law

2012

Environmental law; endangered species; federalism

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Full-Text Articles in Law

The Basics Of Species At Risk Legislation In Alberta, Shaun Fluker, Jocelyn Stacey Jan 2012

The Basics Of Species At Risk Legislation In Alberta, Shaun Fluker, Jocelyn Stacey

All Faculty Publications

This article examines Alberta's Wildlife Act and the federal Species at Risk Act (SARA) to assess the legal protection of endangered species in Alberta. Most of the discussion related to provisions contained in SARA, as there is comparatively less to discuss under the Wildlife Act. The fact that legal protection for endangered species in Alberta consists primarily of federal statutory rules is unfortunate, as wildlife and its habitat are by and large property of the provincial Crown, and it is a general principle of constitutional law that the federal government cannot in substance legislate over provincial property under the guise …