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 these are well managed and maintained at optimum levels for sustainability. On the other hand, wildlife trade has the potential to reduce world populations of some species, to contribute to the loss of biodiversity throughout the world, and to 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, by the end of 1996, had been adopted by 136 sovereign states.
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 required 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.
Species listed in Appendix I are recognized as threatened with extinction. Trade in specimens of these species are subject to particularly strict regulation in order not to endanger further 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. The Peregrine Falcon and Whooping Crane are examples of Canadian species on Appendix I.
Appendix II lists species that are not currently threatened with extinction but may become so, unless trade is strictly regulated to avoid over-exploitation. Species are also listed on Appendix II because they are difficult to distinguish from other species listed on Appendix I or II. A CITES export permit is required from the exporting country. The polar bear, river otter, and Burrowing Owl are examples of Canadian species on Appendix II. The black bear is an example of a Canadian species listed for "look-alike" reasons.
A two-thirds majority of votes cast at a Conferences of the Parties is required to list, de-list, or change the listing of any species in Appendix I or Appendix II.
Individual Parties may list species found within their borders in Appendix III in order to manage trade in those species. A CITES export permit from the listing nation is required. The walrus is the only example of a Canadian species on 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 due to 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, and their parts and derivatives, and 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).
WAPPRIITA provides for more effective and efficient enforcement than was possible under previous legislation, and its penalty regime reflects the seriousness with which Parliament views wildlife crime. Previously, under the Export and Import Permits Act there was a maximum fine of $5000 and/or imprisonment for up to 12 months for summary offences and a maximum fine of $25 000 and/or imprisonment for up to five years for indictable offences.
Under WAPPRIITA, 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 when the offence involves 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 be levied. In addition to these penalties, 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 will be dealt with by issuing tickets under the Contraventions Act, following conclusion of agreements with the provinces.
Section 28 of the Act requires annual reporting of the administration of WAPPRIITA, which follows.
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