Written by VOW Board Member and human rights lawyer, Oyeyinka Oyelowo
Biodiversity law is inextricably linked to solving the climate crisis. It proposes that the legal system can facilitate transformative changes to restore and protect nature. Biodiversity conservation law and policy is based on a notion that nature’s equilibrium, while subject to change, is relatively stable. On May 22, 2021, the International Day for Biological Diversity, scholars from around the world participated in a virtual roundtable. The roundtable focused on new insights on law and governance innovations meant to accelerate the implementation of the Convention on Biological Diversity (CBD) and the Post-2020 Global Biodiversity Framework.
The roundtable discusses how Biodiversity and climate change policy must be linked into decision making to reduce the effects of climate change. Climate change caused by an increased state of global warming is modifying important ecosystems. Climate action seeks to keep a livable climate by ending coal use, and investing in innovations to save lives, protect economies and sustain livable communities. The goal of this article is to discuss the importance of biodiversity law and climate change in key decision making in Canada.
What is Biological Diversity?
- Biological diversity refers to the variety of species and ecosystems on Earth and their ecological processes.
- The three components of biodiversity are ecosystem, species and genetic diversity.
- Ecosystems perform functions that are essential to human existence such as oxygen and soil production and water purification. (Source: BiodivCanada – https://biodivcanada.chm-cbd.net/documents/canadian-biodiversity-strategy)
In Canada, The Species at Risk Act, for example, provides for the legal protection of wildlife species and the conservation of biological diversity. The Act applies to all federal lands in Canada and to all at-risk wildlife species and their critical habitats. At the international level, the United Nations Convention on Biological Diversity (the “Convention”) on Biodiversity addresses greenhouse gas emissions amongst other topics. The loss of biodiversity affects human health and our ability to address climate changes. Prime Minister Justin Trudeau has promised to reduce Canada’s greenhouse gas emissions by 40 to 45 per cent over the next nine years. The strategy to implement such a change is not fully clear in light of Canada’s promise to achieve net-zero emissions by 2050.
The recognition of the world-wide impact of the decline of biodiversity was the fundamental reason for the creation of the Convention. The destruction of biodiversity continues to have dire effects on different areas all over the world. The Canadian delegation participated actively in the negotiations of the Convention, with the Canadian Prime Minister affirming it at the Earth Summit in June 1992 and, in December 1992, where Canada became the first industrialized country to ratify it.
The three objectives of the Biodiversity Convention included:
· The conservation of biodiversity;
· The sustainable use of biological resources; and
· The fair and equitable sharing of the benefits that result from the use of genetic resources.
These objectives are even more pertinent as we come to grips with navigating a world gripped by the COVID-19 pandemic. Preservation of biodiversity as well as avoiding ecosystem destruction depend on our continued global efforts to reduce emissions of greenhouse gases. The International Day for Biodiversity reminds us that it is pivotal for the Canadian government to consider concrete policy changes that integrate biodiversity and climate change into routine government decision-making.