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Articles 1 - 6 of 6
Full-Text Articles in Law
Cle Working Paper No.2/2020--Responsible Scholarship In A Crisis: A Plea For Fairness In Academic Discourse On The Carbon Pricing References, Stepan Wood, Meinhard Doelle, Dayna Nadine Scott
Cle Working Paper No.2/2020--Responsible Scholarship In A Crisis: A Plea For Fairness In Academic Discourse On The Carbon Pricing References, Stepan Wood, Meinhard Doelle, Dayna Nadine Scott
Centre for Law and the Environment
The Canadian federal government's carbon pricing legislation has generated substantial public and academic debate. In this paper we argue that academic debate should adhere to standards for responsible conduct of research during crises such as the current climate emergency, and avoid the nastiness and distortion that infect populist political rhetoric and social media. We discuss the norms of responsible scholarship that apply to Canadian legal academics, with a focus on standards that demand scrupulous fairness to other scholars and to the materials one is analyzing. We argue that a recent article by Professor Dwight Newman on the Saskatchewan and Ontario …
Cle Working Paper No.1/2020--Rights Of Nature Legislation For British Columbia: Issues And Options, Rachel Garrett, Stepan Wood
Cle Working Paper No.1/2020--Rights Of Nature Legislation For British Columbia: Issues And Options, Rachel Garrett, Stepan Wood
Centre for Law and the Environment
This paper explores how the rights of nature could be protected through legislation in British Columbia (BC). Canada is far behind other countries in protecting rights of nature. Canadian law does not currently recognize the rights of nature in any meaningful way. Numerous statutes in Canada making nature—from fisheries to wildlife, to the land itself—the exclusive property of humans, with no inherent right to exist, flourish or be restored. We explore two potential avenues for protecting the rights of nature in British Columbia: 1) amendment of existing legislation, and 2) a new stand-alone rights of nature statute. We examine trailblazing …
An Unknown Past, An Unequal Present, And An Uncertain Future: Transnational Environmental Law Through Three Research Challenges, Natasha Affolder
An Unknown Past, An Unequal Present, And An Uncertain Future: Transnational Environmental Law Through Three Research Challenges, Natasha Affolder
All Faculty Publications
This chapter seeks to bring into focus three broad research challenges facing transnational environmental law – an unknown past, an unequal present, and an uncertain future. Transnational law theory invites scholars to stand at a distance from current orthodoxies and to contemplate environmental law and its practice from new vantage points. The study of transnational environmental law thus prompts new ways of thinking about where to look for environmental law and its foundational influences. New research agendas emerge organically from such shifts of gaze. By identifying future research agendas, we can illuminate both the diversity of sites of past and …
The Deliberative Dimensions Of Modern Environmental Assessment Law, Jocelyn Stacey
The Deliberative Dimensions Of Modern Environmental Assessment Law, Jocelyn Stacey
All Faculty Publications
Environmental assessment (EA) is a cornerstone of environmental law. It provides a legal framework for public decision making about major development projects with implications for environmental protection and the rights and title of Indigenous peoples. Despite significant literature supporting deliberation as the preferred mode of engagement with those affected by EA decisions, the specific legal demands of EA legislation remain undeveloped. This article suggests a legal foundation for deliberative environmental assessment. It argues that modern environmental assessment can be understood through three public law frames: procedural fairness, public inquiry, and framework for the duty to consult and accommodate. It further …
Environmental Law, Jocelyn Stacey
Environmental Law, Jocelyn Stacey
All Faculty Publications
In commemoration of their 50th anniversary, this chapter examines the Federal Courts’ role in shaping environmental law in Canada. The chapter uses well-known environmental principles – the precautionary principle, sustainable development and access to (environmental) justice – as focal points for examining environmental law as well as the legal culture of the Federal Courts. The chapter identifies four distinct interpretive roles that the Federal Courts have ascribed to the precautionary principle and it argues that three of these roles have the potential to generate more coherent and transparent doctrine that upholds the rule of law in the environmental context. In …
Responsible Scholarship In A Crisis: A Plea For Fairness In Academic Discourse On The Carbon Pricing References, Stepan Wood, Meinhard Doelle, Dayna Nadine Scott
Responsible Scholarship In A Crisis: A Plea For Fairness In Academic Discourse On The Carbon Pricing References, Stepan Wood, Meinhard Doelle, Dayna Nadine Scott
All Faculty Publications
The Canadian federal government’s carbon pricing legislation has generated substantial public and academic debate. In this paper we argue that academic debate should adhere to standards for responsible conduct of research during crises such as the current climate emergency, and avoid the nastiness and distortion that infect populist political rhetoric and social media. We discuss the norms of responsible scholarship that apply to Canadian legal academics, with a focus on standards that demand scrupulous fairness to other scholars and to the materials one is analyzing. We argue that a recent article by Professor Dwight Newman on the Saskatchewan and Ontario …