Labor and Environmental Law Protecting the environment

The Environmental Movement Concerns regarding the long-term future of our natural resources Concerns regarding the long-term future of our natural resources First steps taken in the 1880’s with the creation of conservation and preservation groups First steps taken in the 1880’s with the creation of conservation and preservation groups 1885: land set aside for Banff National Park 1885: land set aside for Banff National Park Middle of the 20 th century: economic gain more important than environmental conservation Middle of the 20 th century: economic gain more important than environmental conservation

The solution to pollution = dilution The solution to pollution = dilution Dumping pollution in large bodies of water Dumping pollution in large bodies of water Local example: Fort Erie Local example: Fort Erie 1960’s: Environmental damage had become obvious 1960’s: Environmental damage had become obvious Federal and provincial government pressured to react to the pollution Federal and provincial government pressured to react to the pollution

Concept of Sustainable Development UN committee: World Commission on Environment and Development. (1983) UN committee: World Commission on Environment and Development. (1983) Sustainable development = meets the needs of the present generation without compromising the ability of future generations to meet their own needs Sustainable development = meets the needs of the present generation without compromising the ability of future generations to meet their own needs

Individual Legal Action Influence of common law rights Influence of common law rights Legal weapon = tort law Legal weapon = tort law Torts most often used in these cases… Torts most often used in these cases… - Nuisance - Strict liability - Trespass - Negligence

Sue for Nuisance Sue for Nuisance - Private v. Public - Problems arise when attempting to sue for public nuisance - The use of “standing” (legal right to sue) Sue for Negligence Sue for Negligence - definition: an act committed without the intention to cause harm, but which a reasonable person would anticipate might cause harm - Problems concerning what a reasonable standard is

Riparian Rights The right of a owner of land bordering on a lake, river or stream to sue another person who interferes with the quantity/quality of the water The right of a owner of land bordering on a lake, river or stream to sue another person who interferes with the quantity/quality of the water The possibility of outside legislative authority The possibility of outside legislative authority Case example: Gauthier v. Naneff Case example: Gauthier v. Naneff - Page 363/364

Government Actions The Crown owns most of the undeveloped land in Canada The Crown owns most of the undeveloped land in Canada The push for government intervention for protecting the environment The push for government intervention for protecting the environment Confusion regarding federal and provincial jurisdiction Confusion regarding federal and provincial jurisdiction Historical and modern acts Historical and modern acts Modern example: Environmental Bill of Rights Modern example: Environmental Bill of Rights

General statutes can be used to protect the environment as well (example: Income Tax Act) General statutes can be used to protect the environment as well (example: Income Tax Act) Three major Ontario statutes: Three major Ontario statutes: 1) Environmental Protection Act 2) Environmental Assessment Act 3) Environmental Bill of Rights