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Chapter 3

ENV 319 Chapter Notes - Chapter 3: Royal Assent, Land Claim, Primary And Secondary Legislation

3 pages55 viewsWinter 2013

Department
Environment
Course Code
ENV 319
Professor
David Boyd
Chapter
3

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ENV 319 Book Notes
An Introduction to Environmental Law and Policy in Canada
By: P. Muldoon, A. Lucas, R. Gibson, and P. Pickfield
Chapter 3: The Canadian Legal Framework
Legal Systems (p. 19)
- Two legal systems and two corresponding sets of tradition
- Quebec under…
o Civil Law – applies to private disputes between citizens
oQuebec Public Law – governs relations between citizens and government
- Rest of Canada under common law
The Role of the Constitution (p. 20)
-Constitution – supreme law; highest level in the hierarchy of laws
- Most constitutions (since UN Conference on the Human Environment in 1972) have been amended to add
environmental provisions
- Canada’s constitution does not include the environment
The Constitutional Division of Powers (p. 21) divided between
-Provincial Powers (sections 92 and 109)
oSpecific areas
s. 92(5) – management and sale of public lands
s. 92(8) – municipal institutions
s. 92(13) – property and civil rights
s. 92(16) – matters of a local or private nature
oNatural resources
s. 92A – manage and capture revenues from non-renewable and forestry resources and the
generation of electrical energy
oProprietary interests
os. 109 – vests public lands, minerals, etc with the provincial gov’t (unless federally owned or under
authority of the federal gov’t)
-Federal Powers (section 91)
oSpecific areas
s. 91(2) – trade and commerce
s. 91(3) – taxation power
s. 91(10) – navigation
s. 91(12) – seacoast and fisheries
s. 91(24) – First Nations and Aboriginal Interests
s. 91(27) – criminal law
oGeneral power – “Peace, Order, and good government” of Canada
oTreaty-making power – international negotiations, but cannot implement without constitutional
authority or provincial agreement
Municipal Jurisdiction (p. 23)
- Can pass bylaws drawing from the provincial municipal acts that create them and specify their powers to
legislate
-Purposive interpretive approach – to ensure that municipalities can deal effectively with emergent
environmental problems (i.e. regulating pesticide) within their jurisdiction
Aboriginal Jurisdiction (p. 24)
- Regional jurisdiction based on the inherent right of self-government
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