ENSC 310 Lecture Notes - Lecture 7: Precautionary Principle, Ecosystem Approach, Bioaccumulation
Document Summary
Provincial: property rights, civil right, municipalities, non-renewable natural resources (forests, electricity generation, cannot expand past own borders, ccme, made up of 14 federal/provincial ministers of the environment. Federal-provincial harmonization: canada-wide accord on environmental harmonization. Cela (canadian environmental law association) challenged accord in federal court. Federal government said it wasn"t legally binding and had no legal effect. Cela said it was a waste of government money as it has no binding power. Text implies that it is binding, quebec did not sign due to lack of clarity. Key federal environmental laws: canadian environment protection act, canadian environmental assessment act. Unless government passes regulations, generally things get interpreted with lack of clarity is when they get challenged in court. Difficult with air/water pollution as to which level of government has jurisdiction. Powers assigned by the constitution: proprietary. Provinces get anything not listed: legislative. Fisheries, shipping/navigation, aboriginal matters and federal works/projects: conceptual.