ENCS352 Lecture Notes - Lecture 22: Encs, Mens Rea
Document Summary
Guest lecture - craig kallal, environmental compliance enforcement: Topics: environmental enforcement tools and process, prosecutions as an enforcement tool, inspection/investigation, liability for agents, recent enforcement proceedings, dealing effectively with the crown. Environmental enforcement tools - epea: environmental protection/enforcement orders (i. e. s. 113, 114, s. 210-215) - ep cleanup orders, owner is responsible. Hopefully causes a change in future activity and sets a precedent for other companies/individuals: prosecutions (s. 226-236) - 1% of all calls go to prosecutors. Enforcement model: report/discovery of contravention - phone call, investigation, advice and assistance from prosecutor or environmental law section as requested, selection of enforcement tool, not necessarily prosecution: Thursday, november 24, 2016: no action, warning, remedial order, administrative penalty. Enforcement model if prosecution: referral of le to prosecutor, recommendation from prosecutor, further investigation, no charges/other enforcement tools, charges, enforcement agency lays charges - police always lay charges in canada.