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Full-Text Articles in Law
Insurance Coverage In A Climate Changed Canada: How Can Canada Pay For Loss And Damage From Anthropogenic Climate Change?, Eric Dwyer
Dalhousie Journal of Legal Studies
This article looks at the impact of anthropogenic climate change and its associated costs in the Canadian context. It begins by outlining how climate change is predicted to alter the Canadian climate before evaluating how this will affect the insurance industry. It determines that insurers’ response to the unpredictable risks and high costs associated with climate change will lead to significant gaps in coverage. How litigation of major carbon polluters could help cover some of the costs associated with climate change by holding polluters accountable is considered. State-led climate litigation can overcome some of the litigation obstacles identified and it …
“Greening” The Charter: Section 7 And The Right To A Healthy Environment, Lauren Worstman
“Greening” The Charter: Section 7 And The Right To A Healthy Environment, Lauren Worstman
Dalhousie Journal of Legal Studies
Canada is among one of the few remaining United Nations member states that does not have a constitutionally protected right to a healthy environment. Amid concerns about climate change and its impact on human health and well-being, the Constitution has become a focal point for advancing environmental justice in Canada. This paper explores three questions surrounding environmental rights and the Constitution. First, does the right to life, liberty, and security of the person, protected by section 7 of the Canadian Charter of Rights and Freedoms, protect a right to a healthy environment? If it does, would such a right strengthen …
The Power Of Prevention: The Extent Of Environmental Authority In The Context Of Local Government, Colleen Thrasher, Jeremy Power
The Power Of Prevention: The Extent Of Environmental Authority In The Context Of Local Government, Colleen Thrasher, Jeremy Power
Dalhousie Journal of Legal Studies
This article attempts to delineate the scope of a municipality’s legal power within the realm of environmental management. Part one of this article looks at the legal position of a municipal government in the Canadian constitutional framework. The authors note that municipalities are creatures of statute and their available powers are tightly prescribed by legislation. Part two of this article is a case study of the City of Toronto's efforts to manage pollution in the Great Lake region, particularly with respect to Lake Ontario. Despite the limits to a municipality’s power, the authors argue that many effective pollution prevention strategies …