In 2012, the landscape of Canadian federal environmental assessment law was completely altered. Following on the heels of a truncated statutory review process in late 2011, federal environmental assessment law was re-written with the passage of Bill C-38 (the federal omnibus budget bill). This … [Read more...]
Civil Disobedience, Environmental Protest and the Rule of Law
What is civil disobedience? Civil disobedience involves intentional violation of the law to achieve a result the law-breakers believe is in the public interest. Civil disobedience is a form of protest intended to draw attention to a wrong or injustice which the protesters believe is sufficiently … [Read more...]
The Oil Sands: Westward – How?
Last summer, I mentioned to our editor that I couldn’t understand why Enbridge chose to route Alberta oil via its Northern Gateway line to Kitimat, with its long and narrow channels to open water, when the Port of Prince Rupert had no such obstacles and was closer to Asia. She told me to find out. … [Read more...]
The Constitutional Right to a Healthy Environment
Fifty years ago, the concept of a human right to a healthy environment was viewed as a novel, even radical, idea. Today it is widely recognized in international law and endorsed by an overwhelming proportion of countries. Even more importantly, despite their recent vintage, environmental rights … [Read more...]
Bills of Rights in Canada
When Canadians think of human rights law, the Charter of Rights and Freedoms and their provincial human rights Acts are most likely to come to mind. These are the best known and most important human rights instruments. But what is a Bill of Rights and how is that different from these other two human … [Read more...]
The Constitutions of the Maritime Provinces
To understand the constitutional makeup of Canada, one must appreciate an important historical fact: the constitutional heritage of the country is older than the country itself. This is so because several of the provinces that would eventually become part of the Dominion of Canada had their own … [Read more...]
The Canadian Charter of Rights and Freedoms: An Integral Part of our Constitution
This year marks the 30th anniversary of the Canadian Charter of Rights and Freedoms. The Charter has had a significant impact on our governments and courts and it is a part of our Constitution. How does the Canadian Charter of Rights and Freedoms (Charter), the Constitution Act, 1982, Schedule B to … [Read more...]
O Patria: The Patriation Struggles
Should a government fail to respect natural rights, wrote Locke and Rousseau, then disobedience and rebellion were justified. Thus was born the modern notion of human rights. So responsive was this notion that the greatest social revolutions in the history of the western world took place – one in … [Read more...]
Evolution, Not Revolution: Canada’s Constitutional History and the Constitution Act, 1867
You say you want a revolution,Well, you knowWe all want to change the worldYou tell me that it’s evolutionWell, you knowWe all want to change the world…You say you’ll change the constitutionWell, you knowWe all want to change your head- From “Revolution” by John Lennon and Paul … [Read more...]
Electoral Finance Rules at Home and Around the World
Non-partisan oversight of how political candidates and parties obtain donations for their campaigns, what they are allowed to spend that money on, and how much they are allowed to spend, is critical for transparent, democratic elections.Is there a link between the level of political freedom and … [Read more...]
