When will the Green Party matter in politics?
History of Environmental Law in Canada
European Settlers
- Arrived on Continent
- Warehouse of national resources
- Exploited for rewards and survival
- No concern for long term effects
1880s
- Growth of lobby groups (Sierra Club) become active in preserving unspoiled land
1885
- Development of the Canadian National Parks system (Banff National Park)
1950s
- Growth in standard of living more important than protection or preservation, diluting land became common
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E.g. Sudbury - Acidity of lakes, vegetation area
1960s
- Governments were pressured to respond to environmental concerns (e.g. Studies show pesticide DDT caused damage to birds and wildlife)
1970s
- Sustainable development (health economy, healthy environment, long-term goals)
What is sustainable development?
Economic and social development without depletion of natural resources.
Government Action
- All undeveloped land in Canada is “legally owned” by the Crown, hence the term ==”Crown Land“==
- Governments have at least a partial control of most natural resource industries / manufacturing (E.g. ISO).
- Ministry of Environment at both the Federal and Provincial level
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Dual responsibilities in many industries - Environmental Protection Act (EPA) introduced in 1971 (27 Parts, 200 Sections).
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Purpose: "To provide for the protection and conservation of the natural environment."
Current Act
- Current Canadian Environmental Protection Act, 1999 (12 parts, 354 sections).
- An Act respecting pollution protection of the environment and human health in order to contribute to sustainable development.
- Three purposes:
- Preventing, regulating, controlling pollutants
- Dealing with active pollutants - high risk (e.x. Ozone depleting substance control) Laws that limit people’s potential to pollute (Carbon tax)
- Determine strategies to calculate and reduce climate change.
Environmental Bill of Rights
- Passed in 1993 after environmental lobbyist groups were concerned eith government decisions.
- Describes environmental concerns in terms of human rights
- Allows members of the public to:
- Voice your opinion on some development projects
- Ask for a review of licenses or permits
When legal action occurs
Terms
Injunction
A court order to prohibit someone from doing something
Private Nuisance
Unreasonable interference with use and enjoyment of land (e.x. noise, air, water, vibrations, smells, soil contamination, flooding)
Public Nuisance
Interference with a public right (Ex. Right to fish, boat size, dog parks). Attorney general must start the lawsuit.
Riparian Rights
The right of an owner of land bordering on a lake, river, or stream, to sue another person who interferes with the quality of the water. (Ex. effects flow or quality of water).