Wildlife and the Canadian Constitution

Abstract

This publication is the fourth in a series of papers on Canadian Wildlife Law being published by the Canadian Institute of Resources Law. The purpose of this paper is to give an overview of the sources of Canadian wildlife law focusing on the constitutional authorities to legislate in respect of wildlife, and to outline as well how the distribution of public property, more specifically public lands, has affected these authorities. The distribution of public property, including public lands as well as law-making authorities, is set out in Canada's constitution. The paper starts with an exploration of the division of legislative powers over wildlife between federal and provincial governments. Investigation of the constitutional framework will take farther a field as well, as consideration how the control over public property contributes to wildlife management authority. The paper concludes this review of constitutional authority over wildlife by examining how both levels of government have developed institutions to facilitate interjurisdictional cooperation on matters related to wildlife.