A long way to go till 30 by 30? - An analysis of Canada's legal marine protection

Submitter and Co-author information

Marianna Dänner, Faculty of Law

Standing

Undergraduate

Type of Proposal

Oral Research Presentation

Challenges Theme

Open Challenge

Faculty Sponsor

N/A

Proposal

This literature review examines Canada’s current legal ocean conservation measures. I argue that to reclaim its role as global leader in ocean protection and reach the United Nation’s newly set 30 by 30 goal[1], Canada must improve its marine laws and policies. It should foster cooperation between stakeholders and enhance protection through legal personhood of marine ecosystems. Being the country with the longest coastline in the world, Canada would have a great opportunity to give special weight to the ocean in its legal marine protection. However, after assessing existing legislation and conducting literature reviews on challenges and opportunities for legal ocean protection in Canada, focusing on Marine Protected Areas (MPAs), the research revealed that MPAs that are considered “strongly protected” make up only 0.4% of Canada’s oceans. Reasons for that are adverse interests and the resistance of a strong fishing industry, division of powers issues and problems in the designation and enforcement measures of MPAs. While Canada is doing rather well in passing legislation, it is often left behind other countries with respect to the effectiveness of their implementation. The main reasons for that are the misalignment of policies and missing coordination of responsible actors. Nevertheless, in light of the dire state that our oceans are in, the inability of international law to fix these problems alone and the importance of healthy oceans for humanity, a global leader is urgently needed. [1] https://www.un.org/sustainabledevelopment/blog/2021/07/a-new-global-framework-for-managing-nature-through-2030-1st-detailed-draft-agreement-debuts/

Grand Challenges

Viable, Healthy and Safe Communities

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A long way to go till 30 by 30? - An analysis of Canada's legal marine protection

This literature review examines Canada’s current legal ocean conservation measures. I argue that to reclaim its role as global leader in ocean protection and reach the United Nation’s newly set 30 by 30 goal[1], Canada must improve its marine laws and policies. It should foster cooperation between stakeholders and enhance protection through legal personhood of marine ecosystems. Being the country with the longest coastline in the world, Canada would have a great opportunity to give special weight to the ocean in its legal marine protection. However, after assessing existing legislation and conducting literature reviews on challenges and opportunities for legal ocean protection in Canada, focusing on Marine Protected Areas (MPAs), the research revealed that MPAs that are considered “strongly protected” make up only 0.4% of Canada’s oceans. Reasons for that are adverse interests and the resistance of a strong fishing industry, division of powers issues and problems in the designation and enforcement measures of MPAs. While Canada is doing rather well in passing legislation, it is often left behind other countries with respect to the effectiveness of their implementation. The main reasons for that are the misalignment of policies and missing coordination of responsible actors. Nevertheless, in light of the dire state that our oceans are in, the inability of international law to fix these problems alone and the importance of healthy oceans for humanity, a global leader is urgently needed. [1] https://www.un.org/sustainabledevelopment/blog/2021/07/a-new-global-framework-for-managing-nature-through-2030-1st-detailed-draft-agreement-debuts/