JUNE 2023 THE RIDER /39 Migratory Birds Convention Act, 1994 ings”. Liability for costs of


seizure detention mainte- nance (I guess if you have an entire ship and crew stuck in a Canadian harbour there are COSTS!) Minister - that is Min-


By Linda Glass Ward In January of 2023 I


was contacted by a couple who had been ordered to block Barn Swallows and other birds from getting in to their Coverall pig barn. The summer ventilation sys- tem of the barn is just to open the main doors. They have never had any disease problems in the pigs as a re- sult of the birds. Hoping to protect the swallows, they contacted me for advice. This couple were very con- cerned that they would face fines of up to $200,000 for destroying habitat of an en- dangered species. I deter- mined to write about the laws surrounding the de- struction of nests and habitat of endangered birds and began with this;


Migratory Birds Conven- tion Act, 1994 Part 1


Pages I-V official status - is sort of a disclaimer and con- tains the title pages. The Act begins with a


glossary of terms, including Aboriginal treaty rights. Then the “Act” continues to lay out the: Purpose, Prohi- bitions, Obligations of di- rectors and officers of those corporations involved, and the duties and powers of game officers including who may arrest and why, and in- spections - particularly of vessels (ships). “The Thing” refers to


animals and objects which are not lawful to possess birds nests or eggs (and causing ecological damage to such). The rights of Game of-


ficers or those temporarily appointed - even by self to govern, arrest or report, in- fractions and executing war- rants are laid out. Also Canadian and


foreign “vessels” are de- scribed, along with the “rights to detain” - particu- larly ships. Forfeiture and seizure


of “The thing” investigates legalities of possessing “The thing”. The entire middle as-


sumes that people are taking and possessing birds...for meat? (No maybe not the whole middle.) Administration; The


“Minister” Minister of the Environment has the right to do what he sees fit with any “thing” seized whether con- fiscated or abandoned by the lawful owner - or it is un- lawfully owned depending on the outcome of “proceed-


ister of the Environment delegates to ministers - those arresting or inspecting - game officers - and they have the power to “take measures” to shut down anyone causing or contribut- ing to alleged contraven- tions of Migratory Birds Convention Act. And seize or arrest


vessels and planes and un- load cargo - and protect birds or nests and restore them, maintain records, re- port to game officers and everyone must submit to or- ders of game officers and give information - relevant facts and names. This in- cludes the crew of boats and planes


A written order must


be set out which cannot re- main in place longer than 180 days. Perpetrators must file


a report immediately or they will be charged with contin- uing the infraction. And the order may be verbal at first and within 7 days it must come in writing. In “exigent circum-


stances” - when animals and humans may be harmed a verbal order may be given, on the condition that a writ- ten order follows. When oral or written


notice of officer(s)’ inten- tion is given, the party re- ceiving the order may also respond orally. The recipient must comply and not bar any proceedings and game officers have the right to ac- cess to place or property. Any person who provides assistance or advice to game officers is protected. Her Majesty - (I guess


HIS now) may recover costs - after they are estab- lished. Statute of limi- tations is 5 years. Minister’s documents are considered proof, and those receiving orders may ask for a review within 30 days. There can be a lot of (back and forth) - ex- tensions, tions,


cancella- oral


representations. Regulations


-


regulate the granting of permits (and nests may be damaged or destroyed) “to kill, capture,


than large corporations. Starting at $75,000 - small - to $4,000,000 - large. And a definition on


how to determine who is large and who is small is in- cluded here. The same is for the size of “vessels” smaller “vessels” receive smaller fines, and so on. Larger fines are levied


for larger damage and larger fines for those who have been “warned” and for wil- ful crimes and failing to take immediate action to reduce the risk of recommitting. Then it mentions the


Criminal Code. Charges also bind the


“vessel” and notices are put on board. The “vessel” can be charged but those respon- sible for her are prosecuted, including corporations - of- ficers on board are also li- able.


It all must be proven,


and those on board not re- sponsible aren’t charged or if they continue the offence, will be charged daily until it ceases.


More birds equal more


fines - each bird is a sepa- rate offence. Fines go into Environ-


mental Damages Fund. And it seems “seized


things” may be retained till fines are paid - or sold for fines owing - unless the court deems it to be returned to the owner. (Seems to be pertinent to things other than ships. I suppose this can affect land - swamps, in- digenous depending on food sources - neighbouring farms and land - waterfront - drainage - ponds - rivers.) I wonder - Does this


include all these land tiling companies messing with natural waterways and de- stroying bush and swamp? Offenders can be pro-


hibited from re-committing or remedy what they’ve caused, implement environ- ment management systems,


End of Part 1 I have paraphrased the


“Act” and here is the first half. This act deals mostly with “vessels” and planes. All things in brackets are my own observations and questions. I have also discovered


that there is more than one government entity dealing with birds, animals and the environment. The Fish and Wildlife Conservation Act protects pelicans, cor- morants, vultures, ospreys, kites,


eagles, caracaras, hawks, falcons, par-


tridges, pheasants, grouse, ptarmigan, turkey, quail, owls, kingfishers, jays, nut- crackers, magpies, and ravens. Sadly, I still do not


or pay, or publish the facts and orders or pay persons “aggrieved”. (Pay, pay, pay - by


court order or community service.) Pay to fix the problem. Pay for research or ed-


ucation. Surrender permits - or


perpetrators are prohibited from applying for more per- mits.


The document contin-


ues on with the obligations of offenders - primarily “vessels” and those operat- ing them, and the enforce- ment - sentencing and suspended sentence. Offenders aren’t re-


quired to compensate if vic- tims are compensated by the Marine Liability Act or Arc- tic Waters Prevention Act. Five year limitations


are again in place. Evidence is analyzed


for admissibility. Analyst has to be a


person recognized by a lab or research centre - having authority. All stays on record for


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take, buy,


sell, exchange or pos- sess migratory birds”. Must be debated in House of Commons. Lengthy expla-


nations of fines and charges are described, (and they are huge!). EXAMPLE; 1st


offence minimum $15,000 maximum $1,000,000 or 3 years in jail or both. (It goes up from there.) Small revenue corporations have smaller fines


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Several pages are ded-


icated to “Application of Criminal Law”, including powers of arrest and whether the offence is in Canada again on a “vessel” and dealing with foreign “vessels”, ticket-able of- fences and forfeiture and fines.


The maximum fine is


$1,000 when the criminal code isn’t involved.


Information disclosure


as necessary in administra- tion of this Act takes place, and in the event of an envi- ronmental emergency - or between countries and bu- reaucrats law enforcement and research. There is a big disclaimer - that federal ministers and persons acting on their be- half aren’t liable.


find all our blackbirds on this list; Crows, Red-winged Blackbirds,


Cowbirds,


Brewer’s Blackbird, Grack- les. Where are they? Some very common birds men- tioned here have lost 50% of their populations in the last 40 years. See Facebook; Linda


Marie Glass Ward, or tele- phone 519 327-4541, land- line Barn Swallow Carpenter


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