Finders keepers is not the case in Canada when it comes to the popular pastime of fossil hunting, with each province and territory having laws that protect and preserve fossils found within its borders. If a leg of lambeosaurus or a woolly mammoth tusk might look good on your fossil-picking … [Read more...]
Public Trust Doctrine and Climate Litigation in Canada
The right to a healthy environment is making headway thanks to case law against governments arguing the public trust doctrine and with changes under Bill S-5 to the Canadian Environmental Protection Act. AUTHOR'S NOTE (September 2023) On August 14, 2023, the Montana First Judicial District … [Read more...]
Heading into Alberta’s Great Outdoors This Summer? Passes and permits to know about
It's your responsibility to know the rules before you head out to enjoy parks, camp, hunt or fish, and operate off-highway vehicles or boats. One positive thing to come out of COVID-19 is that more Albertans are exploring the beautiful outdoors of our province. Before venturing out though, you … [Read more...]
Advancing the Human Rights to Water and Sanitation under International Law: Human rights vs. investor rights
While international mechanisms are increasingly recognizing the human rights to water and sanitation, states must take action too. Concerns about the human rights to water and sanitation (HRWS) under international law have gained increasing attention in recent years. In Canada, ongoing water … [Read more...]
The Alberta Water Council and Consensus Decision-Making
The Alberta Water Council is interesting because of its role and how it makes decisions - by consensus only. This article is about two things. First it briefly describes the Alberta Water Council. Second, it talks about consensus decision-making – a way groups can work together toward a common goal … [Read more...]
NAFTA vs. CUSMA: Is Canada’s water a good or a right?
The impact of the new CUSMA on Canada's water, as compared to NAFTA's provisions, remains to be seen. While Canada has 20% of the world’s freshwater, less than half of this freshwater (7%) is renewable. The world, including our American neighbours, is struggling with water crises in many places. As … [Read more...]
Canada’s Carbon Tax Laws: Where are we now?
March 25, 2021 Author's Note | The Supreme Court of Canada released it's 6-3 decision today finding Canada's carbon tax to be constitutional. Read the Case in Brief or full reasons. On June 21, 2018, Canada’s Greenhouse Gas Pollution Pricing Act (the Act) came into effect. Part 1 of the Act … [Read more...]
Climate Change Mitigation and Adaptation
There is clear scientific consensus that anthropogenic climate change is happening and will cause unavoidable and irreversible impacts. Despite the full implications of climate change remaining uncertain, there is a recognized need to act locally, provincially, nationally and internationally in … [Read more...]
Searching for Hopeful Signs in a Dark Wood, Rapidly Shrinking: Laws to address the climate emergency
Missing In Action Donald Trump continues to audition for the job of World’s Greatest Practical Joker. You may have heard about the pending release of a new book by Edward Russo, entitled Donald J Trump: An Environmental Hero. Russo is a consultant who has advised Trump. He is also a staunch Trump … [Read more...]
Do Natural Objects Have Legal Rights?
In 1972, Christopher D. Stone wrote an article entitled “Should Trees Have Standing? - Towards Legal Rights for Natural Objects”. This article is still, even today, mentioned every time there is a discussion on legal rights and natural objects. In his article, Stone suggested that we give legal … [Read more...]
