Law Commons^™

“Vancouver’S Favourite Country Music Pub,” Single Room Occupancy Hotels, And The Context Of International Frameworks: Mapping Vancouver’S Urban Law And Cultural Policy, Sara Gwendolyn Ross

Articles, Book Chapters, & Popular Press

The public and private spaces of cities, their design, and the urban law and policy that shapes the lived spaces within cities provides a potent example of overlapping and often contested heritage(s) and heritage spaces that may have built heritage merit, may carry a high intangible value as gathering spaces for art, culture, and performance, or may be both characterized by their tangible and intangible heritage merit. The layers of diverging, contested, or interwoven heritage within the same urban spaces can diverge in what they mean to a group, community, or individual. They may represent significant moments of architectural grandeur, …

Social Equity Is Key To Sustainable Ocean Governance, Katherine M. Crosman, Edward H. Allison, Yoshitaka Ota, Andrés M. Cisneros-Montemayor, Gerald G. Singh, Wilf Swartz, Megan Bailey, Kate M. Barclay, Grant Blume, Mathieu Colléter, Michael Fabinyi, Elaine M. Faustman, Russell Fielding, P. Joshua Griffin, Quentin Hanich, Harriet Harden-Davies, Ryan P. Kelly, Tiff-Annie Kenny, Terrie Klinger, John N. Kittinger, Katrina Nakamura, Annet P. Pauwelussen, Sherry Pictou, Chris Rothschild, Katherine L. Seto, Ana K. Spalding

Articles, Book Chapters, & Popular Press

Calls to address social equity in ocean governance are expanding. Yet ‘equity’ is seldom clearly defined. Here we present a framework to support contextually-informed assessment of equity in ocean governance. Guiding questions include: (1) Where and (2) Why is equity being examined? (3) Equity for or amongst Whom? (4) What is being distributed? (5) When is equity considered? And (6) How do governance structures impact equity? The framework supports consistent operationalization of equity, challenges oversimplification, and allows evaluation of progress. It is a step toward securing the equitable ocean governance already reflected in national and international commitments.

Putting The Constitutional Horse Before The Cart: Federal Jurisdiction Over Next Generation Environmental Assessment, Anna Johnston

LLM Theses

This thesis explores the extent of federal jurisdiction over a next generation environmental assessment (EA) model proposed by Sinclair, Doelle and Gibson. Examining the jurisprudence and literature, it analyses the scope of federal constitutional authority during the triggering, information-gathering and analysis and decision-making stages of project, strategic and regional assessment. A federal next generation EA law focused on impacts on areas of federal authority could be upheld under various federal constitutional heads of power. Federal jurisdiction is most important at decision-making, and authority to trigger an assessment should be based on the low jurisdictional threshold of reasonable probability of federal …

Symposium On Sustainable Development Goals, Trade, Investment, And Inequality, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

This Symposium, co-hosted by Afronomicslaw and the Dalhousie Law Journal Blog is an outcome of one of the streams at the 2019 Annual Purdy Crawford Workshop at the Schulich School of Law. The theme of the Workshop which took place from Sept. 26–28 was “The Role of Business Regulation in Advancing the Sustainable Development Goals.” Co-organized by three Schulich School of Law Professors, the Workshop featured three inter-disciplinary and simultaneous streams as well as cross-over plenaries that focused on: “SDGs and Revenue Mobilization” – convened by Kim Brooks, the Purdy Crawford Chair in Business Law; “SDGs, Trade, Investment, …

The Lower Churchill Panel Review: Sustainability Assessment Under Legislative Constraints, Meinhard Doelle

Articles, Book Chapters, & Popular Press

This paper reviews the experience of applying a sustainability framework in the assessment of the Lower Churchill Hydroelectric project in Labrador, Canada. In it's 2011 report, the Joint Review Panel proposed a decision-making framework for determining whether and how the project would make a net contribution to sustainability. In its framework, the panel considered the distribution of environmental, social, and economic impacts, benefits, risks and uncertainties.

Polyjural And Polycentric Sustainability Assessment: A Once-In-A-Generation Law Reform Opportunity, Jason Maclean, Meinhard Doelle, Chris Tollefson

Articles, Book Chapters, & Popular Press

The Canadian environmental assessment (EA) regime is broken. At a time when the Canadian economy is both increasingly sluggish and unsustainable, we have an obligation – and perhaps a once-in-a-generation opportunity – to fundamentally reform EA to enable it to finally live up to its promise of promoting sound and sustainability-based decisions. This task is even more pressing in light of the global commitment under the Paris Climate Change Agreement to rapidly transition to greenhouse gas emissions neutrality. Among the many priorities of meaningful EA reform – moving beyond project-level assessments, focusing on net positive contributions to sustainability, avoiding costly …

"And The People Of The Province": Egspa's Social Deficit, Susan Tirone, Lkaren Gallant, Katie Sykes

Dalhousie Law Journal

The success of the Nova Scotia Environmental Goals and Sustainable Prosperity Act (EGSPA) depends on citizen action, changes in attitudes and in the way citizens conduct their lives. In this article the authors discuss the challenges associated with encouraging citizen engagement with EGSPA, and in promoting public awareness and attitudes that support sustainability in Nova Scotia.

Negotiating The Interface Of Environmental And Economic Governance: Nova Scotia's Environmental Goals And Sustainable Prosperity Act, William Lahey, Meinhard Doelle

Dalhousie Law Journal

The year 2012 marks the fifth anniversary of the Environmental Goals and Sustainable Prosperity Act (EGSPA). The Act is an experiment in improving government performance in promoting sustainable prosperity through the process of setting legislative goals and enhancing accountability This article provides an overview of the Act and an assessment of its performance over these first five years. As such, it supplies the context for the other contributions to the collection of essays on EGSPA in this issue of the Journal. The authors conclude that the Act has had a positive impact on government action on sustainable prosperity and that …

From Idea To Practice: Sustainable Development Efforts In Manitoba, A John Sinclair, Lisa Quinn

Dalhousie Law Journal

With a renewed global interest in achieving a more sustainable society, the authors reflect on the history of institutionalizing sustainable development in their province, Manitoba, and consider its future. This paper outlines that province's approaches to developing and advancing sustainable development and discusses the success of these approaches in shaping, guiding, and furthering sustainable development in the province. This is achieved through examination of legislation and review of sustainable development documents as well as interviews with various participants in the process including members of the Manitoba Round Table for Environment and Economy and members of the more recent Manitoba Round …

In Search Of "Compass And Gyroscope": Where Were Adaptive Management And Principled Negotiation In Nova Scotia's Forest-Strategy Process?, Peter N. Duinker

Dalhousie Law Journal

In his landmark 1993 book entitled Compass and Gyroscope: Integrating Science and Politics for the Environment, Kai Lee outlined the need for stronger processes in support of sustainable development. The science of adaptive management and the politics of principled negotiation were offered as the most promising approaches. The author uses these concepts to evaluate the process used to develop Nova Scotia's natural resources strategies of August 2011, specifically the forest strategy following the Environmental Goals and Sustainable Prosperity Act. The findings show that, by comparison with similar policy-development processes used elsewhere in Canada, the Nova Scotia process lacked both foresight …

High Seas Fisheries: Troubled Waters, Tangled Governance And Recovery Prospects, David Vanderzwaag, Boris Worm

Articles, Book Chapters, & Popular Press

Global fisheries are in a perceived state of crisis. Despite growing technological effort and an unprecedented global expansion of fisheries, total landings (85-100 million MT per year) have stagnated and probably entered a period of slow decline. This trend may destabilize ocean ecosystems and undermine world seafood supplies, which provide the major source of protein for 2.3bn people, and international cooperation to address this issue has been slow. This is particularly true for highseas fisheries that occur in international waters encompassing some 61% of the world's ocean. These have been plagued by a fragmented and weak legal framework, poor enforcement …

The Regulation Of Tidal Energy Development Off Nova Scotia: Navigating Foggy Waters, Meinhard Doelle, Dawn A. Russell, Phillip Saunders, David Vanderzwaag, David V. Wright

Articles, Book Chapters, & Popular Press

The vast potential for tidal power development in the Bay of Fundy region of the Atlantic coast has been recognized for decades. At the same time, finding an effective way to harness this power in a cost effective, sustainable and environmentally responsible manner has been an ongoing challenge. In the 1980s, barrage based tidal power technology was piloted in Annapolis Royal, Nova Scotia. It was found to be unsuitable from both environmental and cost perspectives.

More recently, pilot projects underway around the world are using new, open turbine technology that is expected to significantly reduce cost and environmental impact. This …

Australian And Canadian Perspectives On Offshore Management, Donald R. Rothwell, David Vanderzwaag

Dalhousie Law Journal

Challenges in ocean and coastal management are facing all coastal states of the world. including Australia and Canada. Overharvesting of fish stocks, increasing pressure from land-based sources of pollution, expanding offshore petroleum developments, and rising risks of ship-sourced pollution in fragile marine ecosystems have caused both countries to begin a process of reassessment and rethinking. In January 1997 Canada adopted a new Oceans Act, which called for the development of a National Oceans Management Strategy based on principles of sustainable development, precaution and integration, and a new national marine protected areas network. In December 1998, Australia released a National Oceans …

The Community-Based Management Of Fisheries In Atlantic Canada: A Legislative Proposal, Raymond Maccallum

Dalhousie Law Journal

The crises in Canada's fisheries demonstrate the failure of Canadian fisheries management practices to achieve their public policy objectives. The author proposes that a new fisheries management regime, based on principles of community-based management, should be implemented to better ensure the sustainability of both the fisheries and fishing communities. A draft bill is provided to establish a specific framework around which to discuss those values and interests that should be promoted and protected by legislation, and how legislation can be used to establish and nurture a new community-based management regime.

Constructing' Fisheries Management: A Values Perspective, David Ralph Matthews

Dalhousie Law Journal

This paper applies a "social constructionist" position to an understanding of the nature of fisheries management policy. It argues that both the way in which we view "nature" and the way in which we view such natural resources of the fishery are "socially constructed" in terms of particular value orientations and the interests that these represent. In particular, it examines the value orientations related to the social construction of the fishery as a biological, social, or economic resource, as well as the social constructions involved in regarding the fishery as either common property or a common heritage. It also argues …

The Atlantic Canadian Groundfishery: Roots Of A Collapse, Anthony T. Charles

Dalhousie Law Journal

While many explanations have been proposed for the 1990s Atlantic Canadian groundfishery collapse-ranging from "natural causes" to over-fishing and damaging technologies, to failures of fishery management and science-this paper examines the possibility that underlying these, at the roots of the collapse, liae set of entrenched attitudes that have driven fishery decision making. These attitudes, about the natural world, about management and about how the fishery should function, became influential especially where they prevailed at the institutional level, as the accepted wisdom among the dominant players in government and the fishery. Four sets of conservation-related attitudes are considered, dealing with (1) …