Lecture8.docx

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Department
School of Environment
Course
ENV422H1
Professor
Paul Muldoon
Semester
Fall

Description
Environmental Bill of Rights – David McRobert  Exam: part 2* rights in the EBR o Focus: review and investigation, o Laws and EBR, peer rights and rights to comment Types of Environmental Rights:  Substantive – rights to participate in tribunal and to make changes  Procedural – rights to be heard  Participation – provide opportunities for the public to raise issues that are concerned to them o CESD – federal environmental commissioner Elaine Hughes and David Lyalomhe, written in 1998  How you can interpret the right to an environmental, what does it mean, and how will the Canadian laws look like  What should be an objective standard of environmental issue should be  Elements of environmental rights  Ascribe legal content to those rights: Environmental Justice  Laws: They don’t truly promote environmental justice and empower people from preventing environmental racists (hazards, indigenous, migrant, poor communities etc.)  Many industrialized countries, indigenous experienced the worst environmental racists. o Chemical disposure cause hormone disruption – fewer male babies History of EBR  1994 excellent results, low costs and no risks, not to engage in deformation  EBR in Michigan at 1974  1992 Task Force report came out  Using a consensus model: if a group can come up with consensus, the ministry will follow what they had come up, if not, just follow the Michigan o Good way to develop laws and policies, gave a chance for people to shout out their perspective  Need for Funding and legal actions nd  EBR was on the 2 of their hit list to get rid of Environmental Commissioner of Ontario  New Zealand, excellent idea in theory, one down side is to undermine the degree the impact of the environmental commissioner,  Gord Miller is the 2 commissioner  Haven’t changed much from the past  Environmental Commissioner Office: Hired grad students ECO Annual Report, 2011-2012, Part 2  Get more media attention by dividing the report into 2 parts  More interest in the wildlife issues 14 Ministries of EBR:  Removing Finance  deciding people what they get for environmental funding  All Ministries are subjected to Environmental reviews Instruments:  Bedrock of EBR, decisions are being made may impacted to your community  Important to the functioning the Environment regulation, The experience of environmental quality Statements of Environmental values  SEV is a guide for the ministry to make decisions, important right of legislation  1994, SEV would not applied to industrial regulation: started of ERT o Approval were given to burn material and applied to the ERT, he did not issue the decision o the decision was challenged to the Ontario court, they lost, and appeal to the higher court, they rejected EBR Rights  Won’t talk about much Whistlevbower Protection Rio Access Principles:  1992  Right to notice – minimum standard for 30-days comment  Threshold: The Environmental Registry – information notice: no comments, just posted the result.  Unposted decision part: decisions that are not posted on the registry comment, but should have been Challenges:  FOI: time contrary (30 days
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