Textbook Notes (368,531)
Canada (161,958)
ENV 319 (9)
Chapter 3

Chapter 3: The Canadian Legal Framework

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ENV 319
David Boyd

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 o Quebec 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) o Specific 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 o Natural resources  s. 92A – manage and capture revenues from non-renewable and forestry resources and the generation of electrical energy o Proprietary interests o s. 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) o Specific 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 o General power – “Peace, Order, and good government” of Canada o Treaty-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 - Land claim agreements typically establish an array of land and renewable resource agencies that regulate and manage water use, wildlife, etc Statutes and Subordinate Legislation (p. 24) - Hierarchy of environmental legislation Constitution of Canada Environmental Statutes Subordinate legislation (regulations and rules) made by… Cabinet ministers, municipal governments, and some environmental boards - Governor in council (federal) or lieutenant-governor in council (provincial) to make subordinate legislation in the form of regulations and rules - Statutes provide the legislative framework How Laws are Made (p. 25) - Statutes o Begins with a government’s development of a policy o Legal review – assessment of constitutionality o On federal level – consideration of the po
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