An update on the legal case

The landmark Federal Court decision confirmed that the Government of Canada had failed to meet its legal obligations to protect critical habitat for migratory birds.

At the centre of the case was the marbled murrelet, a threatened seabird that relies on intact old-growth forests for survival. The ruling sent a clear message: taking action to protect critical habitat for at risk migratory birds is not optional. As we know, delays in protecting critical habitat carry real consequences for ecosystems already under immense pressure.

Since that victory, our work has not slowed. Over the past two years, our organizations have repeatedly returned to the federal government to underscore a fundamental truth: court rulings alone do not protect habitat. Despite that, we haven’t seen the federal government respond to our court ruling and take steps to protect critical habitat. Old-growth forests continue to be logged, other ecosystems continue to be damaged, and critical habitat for migratory birds remains at risk while implementation lags. Each delay increases the likelihood that legal protections will arrive too late to make a meaningful difference.

In 2025, Sierra Club BC also met with Federal Environment Minister Julie Dabrusin to discuss this lawsuit and to emphasize the legislated timeline for the Minister to take action to protect critical habitat for at least 25 vulnerable bird species. Our legal team has remained deeply engaged in follow-up work, and we will not stop tracking this issue until marbled murrelets and other endangered birds receive the protections they urgently need. For murrelets, this means finally securing protection for the coastal old-growth trees where they nest.

As we mark this two-year anniversary, we are looking ahead with urgency. After years of inaction, we expect 2026 to be the year the federal government finally intervenes to halt the destruction of critical migratory bird habitat, including old-growth forests. This requires moving beyond process and delivering real, on-the-ground protection that reflects both the law and the ecological emergency we face.

Our expectation is simple: protection is needed now—not tomorrow, not years from now, before these birds lose what little is left of at-risk old-growth and other critical habitat that is vital to their survival.

One reason federal leadership is so critical is the B.C. provincial government’s failure to follow through on its commitments. If you haven’t already, we urge you to add your voice today and call on the B.C. government to deliver on its promise to enact a biodiversity and ecosystem health law—one that would protect the habitat of species like the Marbled Murrelet.

While we push for the federal government to take action, please speak up for the web of life in B.C. by using our letter-writing tool to email the provincial government and ask them to keep their promise on enacting a law that meaningfully protects species and their habitat.