Govind Tekale
The Canadian government has declined to issue an emergency order to protect Southern Resident killer whales, despite acknowledging these endangered marine mammals face “imminent threats” to their survival. This decision, announced in March 2025, rejected recommendations from the Ministers of Fisheries and Oceans and Environment and Climate Change Canada.
Conservation groups have sharply criticized the move, warning it puts the iconic whale population at greater risk of extinction. Instead of implementing the emergency provisions under the Species at Risk Act (SARA), the government has opted for what it calls “incremental measures” to address the threats.
“The government had the right tool for the job and chose not to use it,” said Margot Venton, Nature Program Director at Ecojustice. “This decision is a missed opportunity to take bold, necessary action to protect the Southern Residents before it is too late.”
A Population in Crisis
The Southern Resident killer whale population has dwindled to fewer than 75 individuals, making them Canada’s most endangered whale population. These whales face multiple serious threats:
- Declining Chinook salmon populations, their primary food source
- Excessive underwater noise that disrupts their ability to hunt and communicate
- Vessel strikes that can cause fatal injuries
- Environmental contaminants in their waters
The situation has worsened with the recent operational start of the Trans Mountain Pipeline Expansion, which has increased oil tanker traffic and underwater noise pollution in critical whale habitat. Additionally, the federal government’s approval of the Roberts Bank Terminal 2 expansion project threatens to further increase vessel traffic and destroy salmon habitat if final permits are issued.
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History Repeating
This isn’t the first time the government has declined emergency protection for these whales. The latest decision mirrors a similar one from 2018, when Cabinet also rejected ministerial recommendations for an emergency order in favor of alternative measures.
“Cabinet’s decision mirrors what occurred in 2018,” noted a joint statement from conservation groups. “It is now evident that the government’s approach in 2018 was insufficient to halt the Southern Residents’ decline.”
The legal battle over protection for these whales has intensified in recent months. In January 2025, six conservation organizations filed a legal challenge against the ministers for delays in recommending an emergency order to Cabinet. These groups had initially requested emergency protection in June 2024.
Alternative Measures Proposed
Instead of issuing an emergency order, the government plans to pursue several alternative measures:
- Moving to increase vessel approach distances to 1,000 meters
- Identifying interim underwater noise reduction benchmarks
- Adjusting fishing closures in 2025 and 2026 to protect key foraging areas
- Introducing rolling closures for Chinook salmon fishing
- Using the Canada Shipping Act to phase in prohibitions on certain vessel discharges
All these measures will be subject to consultation with First Nations, industry, and other affected parties.
Balancing Act or Environmental Failure?
The government stated its decision “took into account social, economic, policy and other factors, and the broader public interest.” This language suggests officials are attempting to balance environmental protection with economic interests, particularly those related to shipping and infrastructure development.
Critics argue this balancing act comes at too high a cost for the endangered whale population.
“The repeated failure of the federal government to enact an Emergency Order for Southern Resident killer whales is an abdication of their responsibility to protect species at risk,” said Hussein Alidina, lead specialist for marine conservation at WWF-Canada. “We are presiding over the extinction of Southern Resident orcas and future generations will judge us accordingly.”
According to Fisheries and Oceans Canada, Southern Resident killer whales face a 24 per cent chance of functional extinction as early as 75 years from now.
Conservation groups have vowed to continue their fight. “The urgency of the situation demands that decision-makers act with the boldness required to save Southern Resident killer whales from extinction,” they stated.
