Week #1: Introduction

Question 1

What is subject to laws?

Answer 1

1. Individuals, corporations or other regulatees

2. The law making authorities

Question 2

What are the primary law-making bodies in Canada?

Answer 2

The legislatures and the courts

Question 3

How do the legislature make laws?

Answer 3

By enacting statutes and making regulations under the statutes

Question 4

What are the 2 ways courts make laws?

Answer 4

1. Interpreting statute and determine their constitutionality
2. Make decisions that establish or adjust common law principles

Question 5

What is the scope of environmental law? (a-b-c-d)

Answer 5

Environment means the component of the Earth and include:

a) air, land and water
b) all layers of the atmosphere
c) all organic and inorganic matter and living organisms
d) the interacting natural systems that include components from a to c

Question 6

What can be environmental law? (5 areas)

Answer 6

• Pollution control
• Waste management
• Resources management
• Endangered species
• Natural environment

Question 7

Name 3 (5 in fact) objectives of environmental law

Answer 7

• Prevention and damages
• Mitigation and offsetting
• Rehabilitation

Question 8

Name 5 types of environmental law?

Answer 8

1. Environmental regulatory laws (governs discharge etc.)
2. Environmental assessment laws (Force plans and approval)
3. International law (treaties and conventions)
4. National and provincial parks
5. The use of common law (for deterrence, stop dangerous projects)

Question 9

When did Canada start developping environmental laws (1), and what was the objective (2)?

Answer 9

1. In the 1960’S and 1970’s

2. Reduce pollution now that the effects of it became more known

Question 10

To which elements of democracy is environmental law tied to?

Answer 10

1. Public welfare role of government
2. Rise of the stakeholders (citizens, public interest groups, cities…)
3. Increase in public participation and transparent decision making
4. Economic incentives to reduce pollution

Question 11

Innovation and technology have brought major developments to society but have caused some to believe that the current system is not sustainable. This has influenced many environmental laws that accept which principles?

Answer 11

1. An ecosystem approach premised on an interconnected complex natural environment
2. Humans cant fully control nature
3. A better way to live with what we have without sacrificing future generations
4. Precautionary principle

Question 12

Environmental laws can be placed into 2 categories, which ones?

Answer 12

1. General application laws (concern one field of the environment, example fishery act)
2. Sectoral law (applies to a specific sector of the industry (oil and gas))