Climate Liability in Canada
M. Doelle, D. Mahony and A. Smith, Chapter 19: 'Canada' in R. Lord et al (eds) Climate Change Liability: Transnational Law and Practice (Cambridge University Press, 2012)
31 Pages Posted: 14 Nov 2012 Last revised: 23 Nov 2012
Date Written: 2010
The paper considers a variety of sources of potential climate liability in Canada. Sources considered include the Charter of Rights and Freedoms, jurisdictional issues, aboriginal rights, the public trust, judicial review of regulatory decisions, tort principles of such as nuisance, negligence, and strict liability, securities litigation, legislative issues under federal and provincial legislation, such as species at risk Acts, environmental assessment processes, and the role of public international law in climate litigation in Canada. Various opportunities to petition national and international institutions on climate issues are also identified.
Keywords: climate change, liability, Canada
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