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University of Toronto St. George
School of Environment
Paul Muldoon

Criminal Prosecution Compliance Standard setting Approvals -abatement (Tribunal) - prosecution Environmental Rights  Protecting public property with overwhelming public interests Environmental Law Statute Law Common Law (Right to sue - [torts] (gives you the right to appeal/ sue an approval) Court Based) These are most tribunals, but not courts. How do you seek Compliance?  After you had the approval – a legal document that is enforceable  Prosecution – Criminal Law, government charge you with an offence  Abatement and prosecution are done by separate branch in government, which are completely separate from each other; different separate and can go in the same time  Prosecution: officers (minister of Environment – peace officers go in and investigated, and write investigation report. Offence in the act)  The report will go to prosecution, and will inform the officer, when you affected or accused to just the piece in the courthouse, then lay a charge of offence (crime against society)  The crown represented the government had to shown every piece in on there, and the property is waste.  That’s why you have not seen many Canadian prosecution base on the chance of success.  Criminal laws are federal, True Crimes are federal  We regulate advertising and in a complex registry regimes,  *true Crime- quasi – criminal  fall on Regulatory offences – it looks like a crime but It is not a crime  2 types **** read****  severity of the penalty  if you read it will be veruourtresous  Natural Conviction: limited penalty  Defense of “Due Diligence”: company prosecuted – cannot discharge things in the ocean; Due diligence, even if all the elements are there, they can argue they took all reasonable preparation to prevent  90% of the cases was not finding who is offence, the company who is Due Deligence; preventative things that company do  Strategy we are providing the best stuff in Canada,  This is not a true crime, prosecution and Regulatory Offence Administrative Penalties  When they see a material in your property, they could prosecute or abatement; or issue an administrative penalties, like a parking ticket  Do not prevent the ministry to implement any tool, the faster you do the work, the cheaper you pay Private Prosecution  In Ontario, we have an exception, for public interest offenses, you and I could ask the just of peace to lay a charge: private prosecution  For every 10 persecutors reports, they rejected most of them as most of them are unable to win, therefore, in most cases environmental groups do their own prosecution Abatement  Help institute to get into compliance  2 types: voluntary  talking to the facilities writing letters  Mandatory  Order / ECA (environmental compliance approval)  In both cases, they can appeal to a tribunal  ERT (En
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