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The Canadian Environmental Assessment Act (CEAA), as well as comparable laws such as the Ontario Environmental Assessment Act, is precisely the type of law one would expect to play a role in mitigating greenhouse gas (GHG) emissions from new projects. Unfortunately, in practice, CEAA is proving to be a failure in reducing or even stabilizing ever-increasing Canadian GHG emissions most notably from the oil and gas sector, particularly the tar sands. This article explores the reasons why CEAA has thus far disappointed advocates hoping to see the mitigation of GHG emissions from new projects. The author suggests that headway in reducing GHG emissions may nonetheless be made under CEAA by convincing courts that significance can only be defined in a manner consistent with the dictates of climate science. In particular, a focus on cumulative effects may help define significance in a more climate-friendly manner. The article also explores law reform options that would make CEAA a more effective tool in addressing climate change.
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The Canadian environmental assessment (EA) regime is broken. At a time when the Canadian economy is both increasingly sluggish and unsustainable, we have an obligation -- and perhaps a once-in-a-generation opportunity -- to fundamentally reform EA to enable it to finally live up to its promise of promoting sound and sustainability-based decisions. This task is even more pressing in light of the global commitment under the Paris Climate Change Agreement to rapidly transition to greenhouse gas emissions neutrality. Among the many priorities of meaningful EA reform -- moving beyond project-level assessments, focusing on net positive contributions to sustainability, avoiding costly trade-offs among interdependent economic, ecological, and social objectives -- we focus on the overarching need for polyjural collaboration and polycentric consensus-based decision-making. We argue that any serious effort to move from project-level EAs focused exclusively on adverse biophysical impacts towards a fully integrated, sustainability-based assessment (SA) regime requires a polyjural and polycentric approach capable of facilitating collaborative experimentation among multiple jurisdictional actors, including the federal government, provinces, territories, municipalities, Indigenous peoples, NGOs, academia, project proponents and industry groups, and the Canadian public. After examining the constitutional and political dimensions of the federal and provincial governments' role in EA, we provide two compelling rationales for transitioning to a SA regime. The paper concludes by setting out a series of possible forms of SA for the purpose of informing the federal government's review of its EA regime. In particular, we identify and analyze the competing options for jurisdictional cooperation, collaboration, and consensus-based assessment processes along with the constitutional and practical policy implications of each.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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The Canadian Environmental Assessment Act 2012, which came into force on 6 July 2012, virtually eliminates the core of federal-level environmental assessment in Canada. Under the new law, federal environmental assessments will be few, fragmentary, inconsistent and late. Key decision-making will be discretionary and consequently unpredictable. Much of it will be cloaked in secrecy. The residual potential for effective, efficient and fair assessments will depend heavily on requirements under other federal legislation and on the uneven diversity of provincial, territorial and Aboriginal assessment processes. This paper reviews the key characteristics of the new law in light of 10 basic design principles for environmental assessment processes, and considers the broader international implications of the Canadian retreat from application of these principles.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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This commentary assesses the key changes to the federal environmental assessment (EA) process contained in the 2012 Budget Implementation Bill. The resulting Canadian Environmental Assessment Act 2012 (CEAA 2012) is compared to the federal EA process that had been in place since the implementation of the original CEAA in 1995. The article concludes that the key changes brought about by the enactment of CEAA 2012, including the shift in responsibility for EA, the discretionary application of the process, the narrowed scope, new powers of delegation, substitution and equivalency, and the more restricted role of the public all function counter to the improvements to CEAA 1995 recommended in the academic literature. [PUBLICATION ABSTRACT]
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The Supreme Court of Canada held in Guerin and Sparrow that the Crown has a fiduciary obligation to protect the interests of aboriginal people. While this obligation undoubtedly applies to the federal Crown, its application to the provincial Crowns remains to be determined. This article attempts to set out the parameters of the Crown's fiduciary obligation to aboriginal people. Based on historic, legislative and jurisprudential analysis, the author submits that the fiduciary obligation is an exclusive federal Crown responsibility.
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Loyalty has many meanings, within and without the law. There is a difficult question about whether loyalty is a virtue, inasmuch as one can be loyal to many causes, not all of them virtuous. For many jurists, the notion of loyalty evokes the common law’s fiduciary relationship and the norms that are particular to that … Continued
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Disclaimer: This summary was generated by AI based on the content of the source document.
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