ENSC 310 Lecture Notes - Lecture 9: Riparian Water Rights, Punitive Damages, Anemia
16 Dec 2016
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The context: principles, attitude, approach intergenerational equity, sustainability and public trust. Ecojustice, environmental defence) to take cases to court: public interest interveners are routinely accepted in env cases that reach the. Groups can bring a case to court even without being directly affected by the. Trends: adopt a broader purposive approach to statutory interpretation, increased. Studies significant env decisions and if there(cid:495)s a link between them and env policy. Municipal by-law granted acceptable by court; many other municipalities followed suit: effectively expand municipal powers by increasing deferential approach; strike down federal or provincial laws on federalism grounds. Reading 8 the courts and environmental policy leadership. Marcia valiante in van nijnatten and boardman, eds. Since charter of rights; more bodies going to the courts to advance their agendas. Civil actions: some issues in recent env cases. Class actions; all affected by pollution/harm unite in one legal action against polluter/regulator. First in legislation in quebec in 1978, other provinces since 1990s.
