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Final

Final Exam Review - LAW 534.docx

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Department
Law and Business
Course
LAW 529
Professor
Pnina
Semester
Winter

Description
Regulating and Deregulating RiskWalkerton Walkerton Case May 2000CaseoWater contamination of the Ontario town of WalkertonWater distribution facility which was previously regulated by the government and then became privatized It was then not deemed safe and up to industry standards because the water was containedoWater testing was privatized there was a high risk because it was privatized to a private entityoThe result was 2300 people became ill and Seven people died tooStory of WalkertonPrevious Government control over water testingprovincial government labs conducted drinking water tests for municipal water systems throughout the provinceoIf results were negative Ontario Drinking Water Objectives protocol required that a notification was sent to Local MOEMedical officer of HealthMedical officer would decide whether to issue a boil water advisoryoThis was a guideline not legally binding regulationThe policy changed PrivatizationoMOE started charging fees for routing testing of drinking water for municipalitiesoThe fees led to the opening of private labs to enter the fieldOn top of it the government was not regulating private environmental labsThere wasnt even a requirement to have actual scientists working at these private labsoThe privatization happened within 2 months very quickPrivate contractor found out the water was dangerous but didnt have an obligation to inform the Ministry of HealthThere was no general government mandateThe MOE was obligated to implement the policy direction of deregulationoBut the government had a distaste for regulationP 116the rest of the story is better knownguideline Guidelines set by the government at the time hence the privatizationoonly had to TEST it but dont have to tell government because they werent hired by the governmentoThere was a lot of red tape no one did the checksbalances to ensure it was safeLesson privatization in some fields should be accompanied by appropriate regulation Switch roles from player to refereePart Two of the Walkerton ReportOConnor JA offers a multibarrier approachAlthough it is viewed as red tape and expensive it is helpful for risk managementIt would assess and manage the risk of drinking water safetyoBarrier 1a step related to the selection of water sourceoBarrier 2treatment of the sources of waterPrecautionary Precautionary Principal when human health is at risk the government has a Principalresponsibility this is a mandate for greater regulationCanada v Hudson CaseTown of Hudson restricted the use of pesticides as preventive actionJustice LHeureuxDub to have sustainable development policies must be based on the precautionary rule Environmental measures must be anticipated prevented and attack the courses of environmental degradationPrecautionary Principaltakes care of the problem of an absence of scientific certainty in certain areas of riskListeriosis OutbreakAugust 8 2008Listeriosis29 cases across Canada 15 confirmed deathsp INT1Maple Leaf Foodsp 1162Listeriosis outbreak from tainted meat claimed at least 15 livesoReport of Independent Investigator found that the lack of a regulatory requirement on industry to report positive listeria environmentalwas a contributing factor to the crisistests1 The fault of the corporation the directing minds BOD and those in power to set Bill C45corporate policyAmending the toCriminal Code2 Liability tied to all the corporations senior officers all employees agents or contractors who play an important role in the establishment of policiesThe model of Risk Assessment is divided into 4 activitiesRisk 1Identifying the potential hazardAssessment2Drawing a doseresponse curvep 11653Estimating the amount of human exposure and4Categorizing the resultRisk Managementassess the risk 2 manage the riskTwo stages 1 Is there a possibility of Jail time or FineTimeline Horizon of the likelihood of this Risk OccurringAlternate Scenario Think of multiple scenarios so its not a 1casescenarioWas Justice OConnor in favour or opposed to privatizationJustice He was opposed to the manner in which regulation was implementedOConnorIt was a manner that did not jive well with Risk AssessmentThe timeline for Privatization should have been 23 years but the government shortened it down to 2 monthsRisk Assessment DOSEDoseif we state this is the poison without looking at the Dose we might not be Timeassessing the risk accuratelyFamiliaroExamplethe government put fluoride into the water Some people argued that fluoride is poisonous arguing the boundaries of the government controlThe quantity in which the people were getting this dose it is unreasonable to state that it is hazardousDose Time Familiar
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