Environmental Law Flashcards
what is environmental law?
TREATIES, POLICIES, ACTS, REGULATIONS, etc. to PROTECT the ENVIRONMENT from HUMAN ACTIVITIES (impact)
what does Environment Canada do (3 things)?
established 1971. they PRESERVE natural ENVIRONMENT, CONSERVE renewable RESOURCES, COORDINATE POLICIES and programs between government
what is the best province/ territory in Canada?
NEW BRUNSWICK
what is the Canadian Environmental Protection Act?
defines the ROLE of the federal GOVERNMENT in ENVIRONMENTAL MANAGEMENT and PROTECTION (sustainable development, pollution prevention, toxic waste elimination, etc)
how do provinces and territories protect the environment individually?
each have their OWN REGULATIONS. Ontario has the Environmental Protection Act (plus municipal bylaws ex. recycling programs)
what are the 3 environment-helping concepts?
POLLUTER-PAYS principle, PRECAUTIONARY principle, SUSTAINABLE DEVELOPMENT
what is the polluter-pays principle?
companies PAY the COST THEY IMPOSE on society. they will receive FINES to offset the cost of their pollution on the environment
what is the precautionary principle?
if there is a STRONG CHANCE an action may cause serious or irreversible HARM, it is PREVENTED. essentially FORESEEABILITY
what is sustainable development?
meet the needs of humans TODAY WITHOUT COMPROMISING the needs of FUTURE generations
what is civil law?
PRIVATE LAW between INDIVIDUALS
what is tort law?
branch of civil law. allows an INJURED PARTY to obtain COMPENSATION from the group that CAUSED the injury (damages ex. money, no jail time)
what is ‘SLAPP’ stand for?
STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION (ex. teacher who issued apology)
what is a nuisance?
an action that creates an UNREASONABLE INTERFERENCE with the use and enjoyment of someones property. ex. playing loud music
what is trespassing?
when a person INTENTIONALLY ALLOWS material to be placed on ANOTHER’S PROPERTY. Ex. you walk on someones lawn or you let your dog poop there
what is negligence?
DISREGARD for the lives and SAFETY of OTHERS. defendant did NOT live up to the required STANDARD OF CARE. results in physical harm or damage ex. as a property owner you must clear your sidewalk of ice and snow. you can reasonably foresee the danger in not clearing it.
