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Author: Dana Poscente

JD (UCalgary 2021), MSc (Oxford), BSc (UCalgary). Dana’s previous studies in ecology and conservation led her to pursue a law degree, which she hopes to use to protect Canada’s species and ecosystems. She will be working with Ecojustice in the 2021/2022 articling year.

Reporting Obligations Under the Species at Risk Act: A Review of the Westslope Cutthroat Trout Recovery Strategy Implementation Progress Report

By: Dana Poscente and Drew Yewchuk

PDF Version: Reporting Obligations Under the Species at Risk Act: A Review of the Westslope Cutthroat Trout Recovery Strategy Implementation Progress Report

Matter Commented On: Fisheries and Oceans Canada, Report on the Progress of Recovery Strategy Implementation for the Westslope Cutthroat Trout (Oncorhynchus clarkii lewisi) Alberta Population (also known as the Saskatchewan-Nelson River Populations) in Canada for the Period 2014 to 2019 (Species at Risk Act Recovery Strategy Report Series) (Ottawa: Fisheries and Oceans Canada, 2021)

This post discusses the recent “Report on the Progress of Recovery Strategy Implementation for the Westslope Cutthroat Trout (Oncorhynchus clarkii lewisi) Alberta Population” (WSCT Implementation Report), assesses whether the WSCT Implementation Report meets the criteria set out in the Species at Risk Act, SC 2002 c 29 (SARA), and describes the overall problems with implementation reports under SARA.

The Westslope Cutthroat Trout is a freshwater fish native to western North America, recognizable for the orange-red slashes under its lower jaw. Throughout much of its range, this species is the only native true trout, and as such it plays an important role in its ecosystems and is viewed as an indicator species of general ecosystem health (SARA Registry, “Species Details”). The Committee on the Status of Endangered Wildlife in Canada (COSEWIC) assessed the Alberta population of Westslope Cutthroat Trout as threatened in both 2006 and 2016. The reason for this designation was that the population had been reduced by almost 80 percent through over-exploitation, habitat degradation, and hybridization and competition with introduced, non-native trout. As well, the range of the Westslope Cutthroat Trout is currently less than 20 percent of its observed historical range, and the existing range is severely fragmented (WSCT Implementation Report at 3, citing the 2016 COSEWIC Assessment).

Latest Municipal Utility Appeal Decision by the AUC: Business as Usual

By: Dana Poscente

PDF Version: Latest Municipal Utility Appeal Decision by the AUC: Business as Usual

Decision Commented On: Village of Delia: Appeal of Utility Charges by Heide Peterson and Yvon Fournier, October 1, 2019, Alberta Utilities Commission Decision 24678-D01-2019

In this recent municipal utility appeal, Ms. Peterson and Mr. Fournier (the Appellants) requested that the Alberta Utilities Commission (AUC) disallow all water, sewer, garbage and land fill utility charges imposed by the Village of Delia, including interest, from the time at which they disconnected from municipal utility service to the time of this decision. The AUC found, pursuant to section 43 of the Municipal Government Act, RSA 2000, c M-26 (MGA), that certain of the appealed charges were discriminatory and ordered Delia to repay them. This post describes the statutory scheme under which the Commission can hear and make orders on such appeals, summarizes the decision, and compares the reasoning and outcome to similar past decisions.

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