right to a healthy environment

Question 1

what is environmental law

Answer 1

• direct impact on environmental issues

- court can force government to make changes

Question 2

do we have a right to a healthy environment

Answer 2

• not legally recognized in canada - but an inherent one
• ex. no legal right to collect food from the land, drinking water, clean air
• canada one of few countreid that doesnt legally recognize, 90% of UN members do

Question 3

the oposa doctrine

Answer 3

• intergenerational responsibility: current generation’s responsibility to ensure a healthy environment for future generations

Question 4

environmental bill of rights for NS

Answer 4

• substantive rights: clean air, drinkning water
• procedural rights: access to information, decision making, justice
• justice system works so people can be involved

Question 5

why environmental rights?

Answer 5

• sets the stage for stronger environmental laws and policies
• more citizen participation in decision making
• stronger government accountability

Question 6

NS environment act (harrietsfield example)

Answer 6

• minister ordered companies to clean up contamination
• companies never followed through
• companies challenged orders in court - appeal
• orders not enforced by government
• push for bill of rights
  charged polluters through private prosecution

Question 7

harrietsfield

Answer 7

• saw that pipes looked weird
• determined that there were heavy metals in water and it was unsafe
• went to court

Question 8

private prosecution

Answer 8

• normally a conservation officer or police would prosecute
• supreme court: right of citizen to lay info and right of attourney general to supervise criminal proceedings are fundamental parts of jsutice system
• can do if you have reasonable grounds

Question 9

private prosecution steps

Answer 9

• lay info: details of charges
  unique procedural step: pre-enquete: prima facie case against accused to justify issuing summons to attend court (or warrant arrest)
• arraignment (advised on charges laid)
• trial

Question 10

harrietsfield private prosecution

Answer 10

• brown laid charges aiganst 2 numbered companies and 1 individual responsible
• pre enquete: 2 ns environment employees gave evidence regarding contamination and failure of companies to abide ministerial order
• judge decided it was a legit case
• public prosecution service decised to take over charges
• delay - not much happened in a year
• positive step: prov government announced a site assessment to assess degree of contamination - waiting for report