An Introduction To Environmental Law and Policy in Canada

 

I discovered this book while checking out the required reading list for courses at York’s Environmental Studies program. It’s used in an Environmental Policy course, and I couldn’t resist buying it for study.

This opening chapter explains the law-making bodies in Canada, the reading of bills in the House of Commons and the process required for laws to come into force both in federal as well as in provincial systems. It moves forward to explain, “The Concept of Jurisdiction,” and it uses a case example. This was the first use of a real case example in the book. It created a reassuring sense we had moved beyond introductions and into the realm of actual legal textbook, and that this was one that is designed to equip that environmental law literacy so needed in our future courtrooms. 

The chapter end then provided a summary of key points. My assessment is that this chapter definitely met learning expectations. It also offered interesting discussion questions and it dished up enough suggested readings to occupy a keen student for quite some time.  

The next chapter, Aboriginal and Environmental Law, presented a case study example by the second page, something as a reader I found exciting. Case studies create for me an instant sense of connection to the legal process and the history of legal challenges. The chapter explains that Aboriginal law and environmental law are intertwined, and discusses terminology (such as the word Aboriginal) in a clarifying way. It also describes well the idea of treaty rights, thankfully explaining that they are wide in scope and that some land is also unceded territory. 

The 1990 R. vs. Sparrow case, a study of the Delgamuukw vs. British Columbia case in 1997, The Taku River Tlingit First Nation vs. British Columbia case (2004) and the Haida vs. British Columbia case (2004) are all presented here, as is Tsilhqot’in Nation vs. British Columbia in 2014. It was great to see the extensive presentation of these case studies, in most cases important precedent-setting wins. Studying even a rudimentary description of these cases helps any reader better frame compassion for Indigenous people’s struggles in a legal light and these are written in a helpful and compassionate way. 

The chapter then returns to the discussion of treaties and presents the Grassy Narrows challenge in 2005. Here I did feel that, although the description emphasized expectations regarding the duty of the Crown and of the Province of Ontario, because the pollution concern at Grassy Narrows is far from resolved, it seemed an omission to only describe the “duties” aspect and have no mention of recent failures of duty as Grassy Narrows is still an ongoing battle for environmental justice today. Excepting this feature, the chapter is a very good introduction to the issues and a very useful explanation of how these challenges occurred in court. The chapter also conveys the importance of consultation and accommodation, and how these are key to and work alongside environmental law. Again the chapter-end discussion points were useful and the suggested reading list and notes are extensive making it a very good introductory chapter that fulfils its goals for learners.

The next chapter, Chapter 3: The Relationship Between Canadian and International Law, has three learning objectives. The first is to grasp the meaning of International Law, the second is to learn key components of both conventional and customary International Law, and the third is to know the history of Canada’s involvement in the development of International Law. 

The chapter begins by emphasizing the complexity of International Law and that there are many types. It explains Conventional International Law clearly and usefully. Conventional International Law involves conventions or treaties between nations with carefully set out (and specific) terms, and their arrangement is formal. Negotiations can take years and have many stages. Agreements regarding a change to details in a convention or treaty, legally termed protocols, are a much less formal process. Protocols allow for developments to formal conventions or treaties and draw attention to specific parts. While protocols also can take years and must be entirely agreed to by participating nations, their terms do come into effect upon ratification. The chapter also explains how Customary law is different than Conventional law, as Customary laws are based upon long-standing laws recognized to be binding and abided by. The book then discusses several case histories, and presents examples of times Canada has played a role in development of International laws. Here I appreciated that the book included the fact that Canada has recently been seen as obstructive in the case of international Environmental laws.

This chapter concluded, consistent with the others, with discussion questions and ample numbers of notes and suggested readings.  

The final chapter, Environmental Assessment, begins with a frank introduction that explains assessments as controversial and outlines how they meet resistance, although assessments often serve to make great progress in protecting the environment as well. The book outlines some useful background history to environmental assessment law. Progress in this area has definitely included better public participation and prevention rather than corrective action, meaning the pushback is less from communities and more from companies hoping to exploit a location for resources without reasonable restraint. This chapter also describes the history of assessment law in Canada, and describes it quite accessibly, making it an interesting piece of writing to any student intrigued by the field. Finally, it also provides a chart breaking down the differences between basic and more advanced assessment law in Canada, and reviews newer concepts of sustainability in law.

 All in all, I found this final chapter entirely readable, building well upon what was covered in earlier chapters, and creating for the student a feeling of accrued ability. Notes for this chapter run for three pages and the chapter’s suggested reading list and discussion questions are intriguing. As well as having key terms list at the end of each chapter, the book concludes with an extensive glossary, The glossary is also worthy of study and is eight pages long.

 I really enjoyed the offerings in this (75 page student version) textbook and I’m glad I purchased it. It contains a comprehensive introduction to the field and is well-written in its aim. An excellent understanding of not only Canadian environmental law but international law and the history and development of treaties and environmental laws between nations is within its pages. For any student ardent about environmental justice, An Introduction to Environmental Law and Policy in Canada is an indispensable primer.

  Muldoon, P., Williams, J., Lucas, A. R., Gibson, R. B., & Pickfield, P. (2020). An introduction to     environmental law and policy in Canada (75 page. Student edition). Emond Montgomery Publications Limited.