Introduction
Throughout history, humankind has depended on wild plants and animals for food, apparel, shelter, and commodities for trade. Trade in wildlife and wildlife products can be beneficial, providing jobs and income while posing little risk to source populations, as long as it is managed well and maintained at sustainable levels. On the other hand, wildlife trade has the potential to reduce world populations of some species, contribute to the loss of biodiversity throughout the world, and introduce exotic species into native ecosystems where they may do harm. To address these problems, in 1975 the world community adopted the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES), an agreement that regulates international trade in certain animals and plants, their parts, and products made from them. Canada was one of the original Parties to the Convention, which had been adopted by 143 sovereign states by the end of 1997.
CITES identifies species that have been or may be threatened with over-exploitation as a result of trade pressures, and sets trade controls on the basis of the protection needed by each species. Species are listed by the Parties in one of three appendices to the Convention according to the level of control considered necessary. More than 4000 animal species and 30 000 plant species are listed in this way.
Species listed in Appendix I are recognized as threatened with extinction. Trade in specimens and products made from these species are subject to particularly strict regulation in order not to further endanger their survival. Trade for primarily commercial purposes is prohibited. The limited trade that is allowed (e.g., for scientific or breeding purposes) requires both an export permit from the exporting country and an import permit from the receiving country. Canadian birds listed in Appendix I include the Peregrine Falcon, Whooping Crane, Bald Eagle, Eskimo Curlew, and Aleutian Canada Goose. Canadian mammals found in this list include the black-footed ferret and all of the large whales (e.g., blue, bowhead, fin, humpback, sperm).
Appendix II lists species that are not currently threatened with extinction but may become so unless trade is strictly regulated to avoid over-exploitation. Examples of Canadian species in Appendix II include the bobcat; western cougar; Canada lynx; wolf; wood bison; all bears, owls, and sturgeons; American ginseng; and several species of orchid and cacti. Species may also be listed in Appendix II because they are difficult to distinguish from other species listed in Appendix I or II. The black bear is an example of a Canadian species listed for such "look-alike" reasons. Trade in Appendix II species requires a CITES export permit from the exporting country.
A two-thirds majority of votes cast at a Conference of the Parties is required to list, de-list, or change the listing of any species in Appendix I or Appendix II. The wood bison, for example, was "down-listed" from Appendix I to II at the 1997 Conference.
Individual Parties may list species found within their borders in Appendix III in order to manage international trade in those species. A CITES export permit from the listing nation is required for trade in these species. The walrus is the only example of a Canadian species listed in Appendix III.
To more effectively implement its obligations as a Party to CITES and to offer greater protection to all wildlife, whether of Canadian or foreign origin, in 1996 Canada adopted new legislation to govern trade in wildlife. The Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA) received royal assent on 17 December 1992. The Act could not be proclaimed until regulations addressing implementation were in place. The Act was brought into force on 14 May 1996 when the Wild Animal and Plant Trade Regulations took effect.
The purpose of WAPPRIITA is to protect Canadian and foreign species of animals and plants that may be at risk of over-exploitation because of poaching or illegal trade, and to safeguard Canadian ecosystems from the introduction of species designated as harmful. It accomplishes these objectives by controlling the international trade and interprovincial transport of wild animals and plants, as well as their parts and derivatives, and by making it an offence to transport illegally obtained wildlife between provinces or between Canada and other countries. The Act is the legislative vehicle by which Canada meets its obligations under CITES and, as such, replaces regulations for this purpose (now repealed) under the Export and Import Permits Act (EIPA). It also replaces the Game Export Act (now rescinded), which applied only to nonliving specimens, and designates harmful species formerly listed in the Customs Tariff or in EIPA regulations. (Harmful species, including mongooses, raccoon dogs, and starlings, pose a risk to Canadian ecosystems because of their potential to displace native species, damage habitat, or introduce disease).
The penalty regime of WAPPRIITA reflects the seriousness with which Parliament views wildlife crime. On summary conviction an individual may be fined up to $25 000, imprisoned for up to six months, or both. Conviction on more serious offences, such as organized poaching and trafficking, may result in fines up to $150 000, imprisonment for up to five years, or both. Fines for corporations are higher: up to $50 000 on summary conviction and up to $300 000 for indictable offences.
Fines can be increased for offences involving more than one specimen or product and for continuing or subsequent offences, and an additional fine equal to the profits gained by illegal activity may also be levied. As well, the court may make orders to prohibit certain activities; require remedial action or compensation; or direct the offender to publish details of the offence, perform community service, report on activities, post a bond, or comply with any other conditions the court imposes. Minor offences may be dealt with by issuing tickets under the Contraventions Act once agreements to this effect have been made with the provinces.
Section 28 of the Act requires annual reporting of the administration of WAPPRIITA, which follows.
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