What Ever Happened to Canadian Environmental Law?

60 Pages Posted: 24 Apr 2010 Last revised: 7 Mar 2011

See all articles by Stepan Wood

Stepan Wood

Peter A Allard School of Law, University of British Columbia

Georgia Tanner

York University, Osgood Hall - Law School

Benjamin J. Richardson

University of Tasmania - Faculty of Law

Date Written: March 7, 2011

Abstract

This Article examines the history of Canadian environmental law in order to explain why it has become a laggard in both legal reform and environmental performance. Canadian environmental law has long been of interest to scholars worldwide, yet its record is often poorly understood. The Article contrasts recent developments with the seemingly progressive initiatives of the 1970s, and analyzes these trends in light of their political, economic and governance context, as well as the wider critiques of environmental law. It argues that there is considerable room for Canadian governments to adopt more robust methods of environmental law, including following pioneering reforms advanced in other countries. However, even with such steps, further environmental degradation might not be averted unless Canadians are prepared to accept more fundamental changes to their economic systems and social values.

Keywords: Canada, environmental law, instrument choice, economic instruments, political economy, policy frameworks

JEL Classification: H77, K23, K32, N40, Q28, Q38, Q48

Suggested Citation

Wood, Stepan and Tanner, Georgia and Richardson, Benjamin J., What Ever Happened to Canadian Environmental Law? (March 7, 2011). Ecology Law Quarterly, Vol. 37, p. 981, 2010; Osgoode CLPE Research Paper No. 12/2010. Available at SSRN: https://ssrn.com/abstract=1595097

Stepan Wood

Peter A Allard School of Law, University of British Columbia ( email )

1822 East Mall
Vancouver, British Columbia V6T 1Z1
Canada
+1 604-827-0441 (Phone)

Georgia Tanner

York University, Osgood Hall - Law School

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

Benjamin J. Richardson (Contact Author)

University of Tasmania - Faculty of Law ( email )

Private Bag 89
Hobart, Tasmania 7001
Australia

HOME PAGE: http://www.utas.edu.au/law

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