The Town of South Beach, which includes Sauble Beach in Bruce County, has filed another appeal against its conviction for destroying Pipe Plover bird habitat when it performed beach combing and raking maintenance work.
Both environmental groups and property owners, including farmers, have a stake what the court will rule when it hears the case next Feb. 22.
Environmental groups want to win so property owners will have to protect the habitat of endangered species.
This case is the first time the provision protecting the habitats of endangered species under Ontario's Endangered Species Act will be scrutinized in Ontario’s top appeals court.
Ecojustice, acting on behalf of Environmental Defence and Ontario Nature, will argue for a scientifically accurate interpretation of the habitat protection provision in section 10 of the province’s Endangered Species Act (ESA), which makes it an offence to damage or destroy an endangered or threatened species’ habitat.
“There are only a handful of nesting sites for piping plovers in all of Ontario, including annual breeding on the shores of Sauble Beach. Beach conservation and tourism can co-exist.
The reckless destruction of critical plover habitat is indefensible,” said Ecojustice.
Piping plovers are a migratory shorebird designated as endangered.
After a nearly 30-year absence, they returned to Ontario in 2007, including to Sauble Beach. The town of South Bruce Peninsula undertakes annual beach maintenance at the site which can compromise the plover’s habitat.
In 2019, the Town was convicted of damaging piping plover habitat, an offence under section 10 of the Endangered Species Act.
The conviction was upheld by the Ontario Court of Justice and the town was ordered to pay $100,000 to Birds Canada to support piping plover recovery efforts.
