Labor and Labor and Environmental LawEnvironmental Law

Protecting the environment Protecting the environment

The Environmental MovementThe Environmental Movement Concerns regarding the long-term Concerns regarding the long-term

future of our natural resourcesfuture of our natural resources First steps taken in the 1880’s with First steps taken in the 1880’s with

the creation of conservation and the creation of conservation and preservation groups preservation groups

1885: land set aside for Banff 1885: land set aside for Banff National ParkNational Park

Middle of the 20Middle of the 20thth century: economic century: economic gain more important than gain more important than environmental conservation environmental conservation

The solution to pollution = dilution The solution to pollution = dilution Dumping pollution in large bodies of Dumping pollution in large bodies of

waterwater Local example: Fort ErieLocal example: Fort Erie 1960’s: Environmental damage had 1960’s: Environmental damage had

become obvious become obvious Federal and provincial government Federal and provincial government

pressured to react to the pollution pressured to react to the pollution

Concept of Sustainable Concept of Sustainable Development Development

UN committee: UN committee: World Commission on World Commission on Environment and Development. Environment and Development. (1983)(1983)

Sustainable development = meets Sustainable development = meets the needs of the present generation the needs of the present generation without compromising the ability of without compromising the ability of future generations to meet their own future generations to meet their own needsneeds

Individual Legal Action Individual Legal Action

Influence of common law rightsInfluence of common law rights Legal weapon = tort lawLegal weapon = tort law Torts most often used in these Torts most often used in these

cases…cases…- NuisanceNuisance- Strict liabilityStrict liability- TrespassTrespass- Negligence Negligence

Sue for NuisanceSue for Nuisance- Private v. Public Private v. Public - Problems arise when attempting to Problems arise when attempting to

sue for public nuisance sue for public nuisance - The use of “standing” (legal right to The use of “standing” (legal right to

sue)sue) Sue for NegligenceSue for Negligence- definition: an act committed without definition: an act committed without

the intention to cause harm, but the intention to cause harm, but which a reasonable person would which a reasonable person would anticipate might cause harm anticipate might cause harm

- Problems concerning what a Problems concerning what a reasonable standard is reasonable standard is

Riparian Rights Riparian Rights

The right of a owner of land The right of a owner of land bordering on a lake, river or stream bordering on a lake, river or stream to sue another person who interferes to sue another person who interferes with the quantity/quality of the water with the quantity/quality of the water

The possibility of outside legislative The possibility of outside legislative authority authority

Case example: Gauthier v. Naneff Case example: Gauthier v. Naneff

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Government Actions Government Actions

The Crown owns most of the The Crown owns most of the undeveloped land in Canadaundeveloped land in Canada

The push for government The push for government intervention for protecting the intervention for protecting the environment environment

Confusion regarding federal and Confusion regarding federal and provincial jurisdiction provincial jurisdiction

Historical and modern acts Historical and modern acts Modern example: Environmental Bill Modern example: Environmental Bill

of Rights of Rights

General statutes can be used to General statutes can be used to protect the environment as well protect the environment as well (example: Income Tax Act) (example: Income Tax Act)

Three major Ontario statutes:Three major Ontario statutes:

1)1) Environmental Protection ActEnvironmental Protection Act

2)2) Environmental Assessment ActEnvironmental Assessment Act

3)3) Environmental Bill of Rights Environmental Bill of Rights