Application of Enviro Law Flashcards
What is Law?
A binding custom or practice of a community that establishes a rule of conduct or action recognized by a controlling authority.
Based on how laws were created, what are the two categories of Canadian law?
Statute Law
Common Law
Who passes statute laws?
Federal parliament
Provincial government
What gives governments the authority to pass laws, but also put limits on that authority?
The Constitution
What type of law is determined by court decisions?
Common Law
What principle does common law follow?
Stare decisis “let the decision stand”
What was common law intended to do?
Fill in the cracks of statute law
Can parliament and legislature override common law by passing new legislation?
yes
What type of Law is a mix of statute and common law?
Environmental law
What are some examples of statutory environmental law?
Environmental assessment
Resource extraction
Toxic substance management
Endangered species protection
What are some examples of common laws relevant to the environment?
Nuisance
Negligence
Trespass
Riparian rights
Are common laws relevant to the environment affected by statutes?
YES - all of them
What are 3 overlapping legal systems in Canada?
Common law
Civil law (Quebec only)
Indigenous law
A Federal state is a union of what?
Partially self governing states (provinces)
Do federal governments have jurisdiction over different things than provincial governments?
Yes
