Environmental Law: Offence Elements and Definitions
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Questions and Answers

Which of the following is a prominent legal research platform in Canada?

  • CanLII (correct)
  • BBC News
  • Google Scholar
  • Wikipedia

    • Where can one find Canadian environmental law cases for free?

  • Facebook
  • Twitter
  • CanLII (correct)
  • Instagram

    • Which legal research database in Canada provides access to case law, statutes, and legal commentary?

  • Amazon Prime Video
  • Hulu
  • Netflix
  • Westlaw Canada (correct)

    • What type of publications may cover environmental law topics and analyze significant environmental law cases?

    <p>Law journals and legal publications</p> Signup and view all the answers

    Which legal research database provides access to case law, statutes, and legal journals in Canada?

    <p>Lexis Advance Quicklaw</p> Signup and view all the answers

    Where can one find summaries and analyses of key environmental law cases in Canada?

    <p>Canadian Environmental Law Reports (CELR)</p> Signup and view all the answers

    What did the United Nations General Assembly declare in July 2022?

    <p>A universal human right to a clean, healthy, and sustainable environment</p> Signup and view all the answers

    Which Canadian Charter of Rights & Freedoms sections have been invoked in some environmental cases in Canada?

    <p>s.7 and/or s.15</p> Signup and view all the answers

    What should be used as an interim approach since a constitutional environment right is considered a long-term reform?

    <p>Statutory approaches</p> Signup and view all the answers

    Which bill recognizes the right to a healthy environment under the Canadian Environmental Protection Act, 1999 (CEPA)?

    <p>Bill S-5</p> Signup and view all the answers

    What does Bill S-5 require ECCC to compile?

    <p>A list of substances that are suspected or determined to be capable of becoming toxic to the Domestic Substances List (DSL)</p> Signup and view all the answers

    What does Bill S-219 define environmental justice as?

    <p>'A just distribution of environmental benefits and burdens among Canadians, without discrimination on the basis of any ground prohibited by the Canadian Charter of Rights and Freedoms'</p> Signup and view all the answers

    If enacted, what would Bill S-219 give the Enviro Minister 2 years to do?

    <p>Consult upon, develop, and table a national strategy to promote efforts across Canada to advance environmental justice and assess, prevent and address environmental racism</p> Signup and view all the answers

    Which bill includes provisions to replace, reduce or refine the use of vertebrate animals for testing & assessing substances?

    <p>'Bill S-5'</p> Signup and view all the answers

    'Environmental Justice in Canada' is mentioned for which bill?

    <p>'Bill S-5'</p> Signup and view all the answers

    'Environmental Justice in Canada' is mentioned for which bill?

    <p>'Bill S-219'</p> Signup and view all the answers

    Where can one find legal resources on environmental law, including cases?

    <p>University libraries and public law libraries</p> Signup and view all the answers

    Which type of legal publishers may release publications focused on environmental law?

    <p>Carswell (Thomson Reuters) &amp; Canada Law Book</p> Signup and view all the answers

    Where can one find decisions of administrative bodies and tribunals related to environmental law cases?

    <p>Government websites</p> Signup and view all the answers

    Where can students and researchers access legal research platforms related to environmental law?

    <p>Educational institutions</p> Signup and view all the answers

    Which type of databases specifically focus on environmental law?

    <p>Ecojustice &amp; Environmental Law Centre (ELC)</p> Signup and view all the answers

    What should be the first step in reading the primary legal text for environmental law?

    <p>Read the statute or regulation</p> Signup and view all the answers

    What should be done to understand the specialized terminology used in environmental law?

    <p>Refer to a legal dictionary</p> Signup and view all the answers

    What should be identified to understand the purpose behind the environmental law?

    <p>Legislative intent</p> Signup and view all the answers

    In environmental law, what often clarifies legal principles through court decisions?

    <p>Relevant cases</p> Signup and view all the answers

    What should one do to gain a comprehensive understanding of the legal context in environmental law?

    <p>Follow cross-references to other laws</p> Signup and view all the answers

    What do legal annotations and commentary by legal experts provide for understanding environmental law?

    <p>Additional insights</p> Signup and view all the answers

    What kind of documents outline the rationale behind regulations, their anticipated effects, and compliance costs in environmental law?

    <p>Regulatory Impact Assessments (RIA)</p> Signup and view all the answers

    What does Actus Reus refer to in environmental law?

    <p>Physical act or conduct</p> Signup and view all the answers

    In environmental law, what does Mens Rea primarily involve?

    <p>Intent or Knowledge</p> Signup and view all the answers

    What is the emphasis of strict liability in environmental law?

    <p>Consequences of the actions</p> Signup and view all the answers

    What do regulatory offenses in Canadian environmental law typically involve?

    <p>Violations of regulations and rules</p> Signup and view all the answers

    What is the primary goal of environmental justice in Canada?

    <p>Fair and equitable distribution of environmental benefits and burdens</p> Signup and view all the answers

    According to the U.S. EPA definition, what is the achievement of environmental justice?

    <p>Fair treatment regardless of race, color, national origin, or income</p> Signup and view all the answers

    What are some examples of Actus Reus in environmental offenses?

    <p>Physical act or conduct such as unauthorized discharge of pollutants</p> Signup and view all the answers

    What does Mens Rea primarily refer to in environmental offenses?

    <p>&quot;Guilty mind&quot; or intent of the person committing the crime</p> Signup and view all the answers

    What are strict liability offenses often relevant to in environmental law?

    <p>Consequences of actions rather than intent or level of care exercised</p> Signup and view all the answers

    What is the purpose of regulatory offenses in Canadian environmental law?

    <p>Breaches of specific regulatory requirements rather than common law crimes</p> Signup and view all the answers

    What is a key aspect of environmental justice in Canada?

    <p>Addressing existing disparities in marginalized or vulnerable groups against environmental pollution or contamination</p> Signup and view all the answers

    What is included in the U.S. EPA definition of environmental justice?

    <p>Equal access to clean air, water, and other resources; meaningful involvement in decision-making processes related to environmental policies; fair treatment regardless of race, color, national origin, or income; and protection from environmental and health hazards.</p> Signup and view all the answers

    What is a prominent legal research platform in Canada that includes case law, statutes, and legal commentary?

    <p>CanLII</p> Signup and view all the answers

    Where can one find summaries and analyses of key environmental law cases in Canada?

    <p>Canadian Environmental Law Reports (CELR)</p> Signup and view all the answers

    Which legal research database in Canada provides access to case law, statutes, and legal journals?

    <p>Lexis Advance Quicklaw</p> Signup and view all the answers

    What kind of publications may cover environmental law topics and analyze significant environmental law cases?

    <p>Law Journals and Legal Publications</p> Signup and view all the answers

    What does Bill S-219 define environmental justice as?

    <p>The right to a healthy environment</p> Signup and view all the answers

    What should be used as an interim approach since a constitutional environment right is considered a long-term reform?

    <p>Regulatory offenses</p> Signup and view all the answers

    What does 'Actus Reus' refer to in environmental offenses?

    <p>The physical act or conduct that constitutes the criminal offense</p> Signup and view all the answers

    What is the emphasis of strict liability in environmental law?

    <p>Focusing on the consequences of the actions</p> Signup and view all the answers

    What does 'Mens Rea' primarily involve in environmental offenses?

    <p>The mental state or intent of the person committing the crime</p> Signup and view all the answers

    What are strict liability offenses often relevant to in environmental law?

    <p>Activities causing harm to the environment</p> Signup and view all the answers

    Which term refers to violations of regulations and rules established by federal, provincial, or territorial authorities to manage and control activities that impact the environment?

    <p>Regulatory offenses</p> Signup and view all the answers

    What do regulatory offenses in Canadian environmental law typically involve?

    <p>Breach of specific regulatory requirements</p> Signup and view all the answers

    In Canadian environmental law, what does 'Environmental Justice' refer to?

    <p>The fair and equitable distribution of environmental benefits and burdens</p> Signup and view all the answers

    'Environmental Justice in Canada' is focused on ensuring:

    <p>The fair treatment and meaningful involvement of all people</p> Signup and view all the answers

    'Environmental Justice' aims to ensure:

    <p>A healthy environment in which to live, learn, and work for everyone</p> Signup and view all the answers

    Which term encompasses the idea that all individuals have the right to live in a clean and healthy environment?

    <p>Environmental Justice</p> Signup and view all the answers

    What do regulatory offenses in Canadian environmental law aim to enforce?

    <p>Specific regulatory requirements established by authorities.</p> Signup and view all the answers

    Which bill defines environmental justice as 'a just distribution of environmental benefits and burdens among Canadians, without discrimination on the basis of any ground prohibited by the Canadian Charter of Rights and Freedoms'?

    <p>Bill S-219</p> Signup and view all the answers

    Which legislative amendment recognizes the right to a healthy environment as provided under CEPA and incorporates Indigenous knowledge in decision making for environmental protection?

    <p>Bill S-5</p> Signup and view all the answers

    Which legal approach is suggested as an interim measure since a constitutional environmental right is considered a long-term reform?

    <p>Statutory approaches</p> Signup and view all the answers

    What did the United Nations General Assembly declare in July 2022 regarding the ability to live in a clean, healthy, and sustainable environment?

    <p>It is a universal human right</p> Signup and view all the answers

    Which bill requires the compilation of a list of substances suspected or determined to be capable of becoming toxic to the Domestic Substances List (DSL)?

    <p>Bill S-5</p> Signup and view all the answers

    Where can environmental rights be enshrined according to the provided text?

    <p>Provincial enviro law, federal enviro law, or stand-alone legislation</p> Signup and view all the answers

    Which bill includes provisions to replace, reduce, or refine the use of vertebrate animals for testing and assessing substances?

    <p>Bill S-5</p> Signup and view all the answers

    What is the primary focus of Bill S-219 if enacted?

    <p>Developing a national strategy for environmental justice promotion</p> Signup and view all the answers

    What do some observers argue should be used as an interim measure until a constitutional environmental right is established?

    <p>Statutory approaches or enshrining in stand-alone legislation</p> Signup and view all the answers

    Which legislative amendment requires the Enviro Minister to consult upon, develop, and table a 'national strategy to promote efforts across Canada to advance environmental justice and to assess, prevent and address environmental racism'?

    <p>Bill S-219</p> Signup and view all the answers

    Where can one find summaries and analyses of key environmental law cases in Canada?

    <p>Legal databases specific to environmental law</p> Signup and view all the answers

    What does 'Mens Rea' primarily involve in environmental offenses?

    <p>Guilty mind</p> Signup and view all the answers

    What should be the first step in reading the primary legal text for environmental law?

    <p>Reading the statute or regulation</p> Signup and view all the answers

    What kind of documents outline the rationale behind regulations, their anticipated effects, and compliance costs in environmental law?

    <p>Regulatory impact assessments (RIA)</p> Signup and view all the answers

    Where can one find Canadian environmental law cases for free?

    <p>Government websites</p> Signup and view all the answers

    Where can one find free access to Canadian legal information, including court decisions?

    <p>CanLII</p> Signup and view all the answers

    Which legal research database in Canada is another major platform that provides access to case law, statutes, and legal journals?

    <p>Westlaw Canada</p> Signup and view all the answers

    What type of publications may cover environmental law topics and analyze significant environmental law cases?

    <p>Legal journals and publications</p> Signup and view all the answers

    Which legal research database provides access to case law, statutes, and legal journals in Canada?

    <p>Lexis Advance Quicklaw</p> Signup and view all the answers

    Where can one find summaries and analyses of key environmental law cases in Canada?

    <p>Canadian Environmental Law Reports (CELR)</p> Signup and view all the answers

    What does Mens Rea primarily refer to in environmental offenses?

    <p>The mental state or intention of the offender</p> Signup and view all the answers

    Where can one find legal resources on environmental law, including cases?

    <p>Government websites</p> Signup and view all the answers

    What is the purpose behind the law?

    <p>To provide insight into the legislative intent and goals of the law</p> Signup and view all the answers

    What is the primary legal text that should be read in environmental law?

    <p>Statutes</p> Signup and view all the answers

    What is the purpose of Regulatory Impact Assessments (RIA) in environmental law?

    <p>To outline the rationale behind regulations and their anticipated effects</p> Signup and view all the answers

    What must exist for an act to be considered a criminal offence?

    <p>Mens rea and actus reus at the same time</p> Signup and view all the answers

    What do regulatory offenses in Canadian environmental law typically involve?

    <p>Strict liability offenses</p> Signup and view all the answers

    Where can one find summaries and analyses of key environmental law cases in Canada?

    <p>Legal publishers</p> Signup and view all the answers

    'Environmental Justice' refers to:

    <p>'A just distribution of environmental benefits and burdens among Canadians'</p> Signup and view all the answers

    What is included in the U.S. EPA definition of environmental justice?

    <p>Equal access to environmental resources for all citizens</p> Signup and view all the answers

    Which legislative amendment recognizes the right to a healthy environment under the Canadian Environmental Protection Act, 1999 (CEPA)?

    <p>Bill S-219</p> Signup and view all the answers

    What kind of documents outline the rationale behind regulations, their anticipated effects, and compliance costs in environmental law?

    <p>Regulatory Impact Assesssments (RIAs)</p> Signup and view all the answers

    What do legal annotations and commentary by legal experts provide for understanding environmental law?

    <p>Additional insights and historical context</p> Signup and view all the answers

    What is the primary focus of Bill S-5 in Canada's environmental law?

    <p>To recognize the right to a healthy environment and compile a list of toxic substances</p> Signup and view all the answers

    What is the key feature of Bill S219 related to environmental justice in Canada?

    <p>Incorporating Indigenous knowledge in decision making for environmental protection</p> Signup and view all the answers

    What is the significance of the legislative amendment outlined in Bill S219?

    <p>Defining environmental justice as a just distribution of environmental benefits and burdens</p> Signup and view all the answers

    What is the primary goal of the United Nations General Assembly declaration in July 2022?

    <p>To declare the ability to live in a clean, healthy, and sustainable environment as a universal human right</p> Signup and view all the answers

    What does Bill S-5 prohibit in relation to toxic substances?

    <p>Manufacture, use, sale, offer for sale, or import unless authorized by regulation</p> Signup and view all the answers

    What does Bill S219 define as 'Environmental Justice'?

    <p>A just distribution of environmental benefits and burdens among Canadians without discrimination</p> Signup and view all the answers

    What does the United Nations General Assembly declaration call on countries to do?

    <p>Scale up efforts to turn the right to live in a healthy environment into reality</p> Signup and view all the answers

    'Environmental Justice in Canada' aims to ensure:

    <p>A just distribution of environmental benefits and burdens among Canadians without discrimination</p> Signup and view all the answers

    'Environmental Justice' refers to:

    <p>'A just distribution of environmental benefits and burdens among Canadians without discrimination'</p> Signup and view all the answers

    'Mens Rea' primarily involves:

    <p>'Intention or knowledge'</p> Signup and view all the answers

    What does 'Actus Reus' primarily refer to in environmental offenses?

    <p>Physical act or conduct that constitutes the criminal offense</p> Signup and view all the answers

    What do regulatory offenses in Canadian environmental law aim to enforce?

    <p>Violations of regulations and rules established by authorities</p> Signup and view all the answers

    In Canadian environmental law, what often clarifies legal principles through court decisions?

    <p>Case law</p> Signup and view all the answers

    'Environmental Justice in Canada' is mentioned for which bill?

    <p>No specific bill is mentioned</p> Signup and view all the answers

    'Environmental Justice in Canada' is focused on ensuring:

    <p>Fair treatment and meaningful involvement of all people</p> Signup and view all the answers

    'Environmental Justice' refers to what in Canadian environmental law?

    <p>Fair distribution of environmental benefits and burdens</p> Signup and view all the answers

    'Mens Rea' primarily refers to what in environmental offenses?

    <p>Intent or Knowledge</p> Signup and view all the answers

    'Mens Rea' primarily involve what in environmental offenses?

    <p>'Guilty mind' in Latin</p> Signup and view all the answers

    What are some examples of Actus Reus in environmental offenses?

    <p>Unauthorized discharge of pollutants into waterways, illegal logging, or improper disposal of hazardous waste</p> Signup and view all the answers

    What kind of publications may cover environmental law topics and analyze significant environmental law cases?

    <p>Legal annotations and commentary by experts</p> Signup and view all the answers

    Where can students and researchers access legal research platforms related to environmental law?

    <p>Legal resources on environmental law including cases</p> Signup and view all the answers

    What should be the first step in reading the primary legal text for environmental law?

    <p>Identifying definitions and essential elements of the offense</p> Signup and view all the answers

    What is the primary focus of environmental law in Canada?

    <p>Protecting and improving environmental conditions</p> Signup and view all the answers

    What does the term 'environment' typically encompass in the context of environmental law?

    <p>Land, water, air, and living organisms</p> Signup and view all the answers

    What type of state is Canada?

    <p>Federal state</p> Signup and view all the answers

    When was Canada originally constituted as a federal state?

    <p>1867</p> Signup and view all the answers

    Which amendment resulted in the re-naming of the British North America Act as the Constitution Act, 1867?

    <p>Constitutional amendments in 1982</p> Signup and view all the answers

    What are some of the issues that environmental laws in Canada typically involve?

    <p>Pollution control and waste management</p> Signup and view all the answers

    In what ways are the biophysical environment and the human social and economic environment interconnected?

    <p>Deeply intertwined</p> Signup and view all the answers

    What is the scope of the definition of 'environment' in the context of environmental law?

    <p>Broad, covering various natural and human elements</p> Signup and view all the answers

    What is the purpose of Indigenous legal relationships to the environment in Canada?

    <p>'Identify the impacts on environmental governance'</p> Signup and view all the answers

    What challenges core legal doctrine in constitutional, administrative, and tort law?

    <p>Complex environmental issues</p> Signup and view all the answers

    In Canadian environmental law, what are substances that are persistent, bioaccumulative, and primarily result from human activity placed on?

    <p>The Virtual Elimination List</p> Signup and view all the answers

    What does the Fisheries Act prohibit in relation to water frequented by fish?

    <p>Deposit of deleterious substances</p> Signup and view all the answers

    Under the Transportation of Dangerous Goods Act, 1992, how many classes of 'dangerous goods' are defined in the schedule?

    <p>Nine</p> Signup and view all the answers

    What does the British Columbia Environmental Management Act (EMA) primarily regulate?

    <p>Waste discharge and pollution</p> Signup and view all the answers

    Which type of legal publications may cover environmental law topics and analyze significant environmental law cases?

    <p>Law journals</p> Signup and view all the answers

    According to the Provincial Environmental Laws, what do provincial environmental laws prohibit the discharge of into the environment?

    <p>Contaminants and pollutants</p> Signup and view all the answers

    What does the Transportation of Dangerous Goods Act, 1992 address in addition to the regulation of dangerous goods?

    <p>Labelling requirements and emergencies</p> Signup and view all the answers

    What does the TDGA create in terms of regulation?

    <p>A complete and comprehensive system of regulation</p> Signup and view all the answers

    What is broadly defined to include air contaminants, litter, effluent, refuse, biomedical waste, hazardous waste, and any other substance designated by the provincial Cabinet according to EMA?

    <p>Waste management</p> Signup and view all the answers

    Under which act are dangerous goods such as organisms and explosives regulated?

    <p>Transportation of Dangerous Goods Act, 1992 (TDGA)</p> Signup and view all the answers

    What is defined in the schedule to the Transportation of Dangerous Goods Act, 1992?

    <p>Nine classes of dangerous goods</p> Signup and view all the answers

    What is prohibited in EMA in relation to waste discharge into the environment?

    <p>Introduction of waste into the environment from any activity in any manner or quantity that causes pollution</p> Signup and view all the answers

    Which act introduced the Canadian Charter of Rights and Freedoms and effected other amendments?

    <p>The Constitution Act, 1982</p> Signup and view all the answers

    According to the Supreme Court of Canada, federal jurisdiction over the environment is mainly supported by which federal powers?

    <p>The criminal law power and the 'peace, order and good government' power</p> Signup and view all the answers

    Which act is considered the principal federal environmental statute governing environmental activities within federal jurisdiction?

    <p>The Canadian Environmental Protection Act, 1999</p> Signup and view all the answers

    What does the Taxation power (s. 91(3)) provide the federal government with in environmental matters?

    <p>Ability to encourage environmentally friendly behaviors</p> Signup and view all the answers

    What does the Canadian Environmental Protection Act, 1999 (CEPA) provide the federal government with 'cradle-to-grave' regulatory authority over?

    <p>Toxic substances</p> Signup and view all the answers

    Which act provides specific provisions to regulate environmental activity on lands and operations under the jurisdiction of federal departments and undertakings like banks, airlines, and broadcasting systems?

    <p>The Canadian Environmental Protection Act, 1999 (CEPA)</p> Signup and view all the answers

    What does Environment Canada do within two years of a substance being added to the Toxic Substances List under CEPA?

    <p>Take action with respect to its management</p> Signup and view all the answers

    In which case did the Supreme Court use 'peace, order and good government' power to justify federal jurisdiction over ocean pollution?

    <p>'Crown Zellerbach Canada Ltd.'</p> Signup and view all the answers

    'Mens Rea' primarily refers to what in environmental offenses?

    <p>'Guilty mind'</p> Signup and view all the answers

    Which court decision established a broad scope of federal jurisdiction over the environment by supporting environmental protection legislation under the criminal law power?

    <p>R. v Hydro-Québec</p> Signup and view all the answers

    Which legislative amendment recognizes the right to a healthy environment under CEPA and incorporates Indigenous knowledge in decision making for environmental protection?

    <p>The Canadian Environmental Protection Act, 1999 (CEPA)</p> Signup and view all the answers

    What did the Supreme Court use in R. v. Crown Zellerbach Canada Ltd. to justify federal jurisdiction over ocean pollution?

    <p>'Peace, order and good government' power</p> Signup and view all the answers

    What percentage of Canada's landmass is located north of the Arctic tree line?

    <p>27%</p> Signup and view all the answers

    What condition occurs when ground temperature remains at or below 0°C for at least two years?

    <p>Permafrost</p> Signup and view all the answers

    How long is Canada's coastline extending along three oceans?

    <p>244,000 km</p> Signup and view all the answers

    What type of territory constitutes almost half of Canada’s landmass?

    <p>Subject to permafrost</p> Signup and view all the answers

    In 2014, which taxonomic group had the highest number of species reported by COSEWIC?

    <p>Fish</p> Signup and view all the answers

    Which taxonomic group showed an increase in releases to land according to Canada's National Pollutant Release Inventory (NPRI) data?

    <p>Freshwater fishes</p> Signup and view all the answers

    According to the Organisation of Economic Cooperation & Development (OECD), which taxonomic groups were of concern due to increased pressure on biodiversity in Canada?

    <p>Birds, amphibians, and reptiles</p> Signup and view all the answers

    Which taxonomic group had the lowest number of species listed on Schedule 1 of the Species at Risk Act as of July 2019?

    <p>Marine fishes</p> Signup and view all the answers

    Which taxonomic group had the highest decrease in releases to air according to Canada's National Pollutant Release Inventory (NPRI) data between 2008 and 2017?

    <p>Mammals</p> Signup and view all the answers

    Which taxonomic group was not specifically mentioned in the Species at Risk Act as of July 2019?

    <p>Vascular plants</p> Signup and view all the answers

    What is the foundational element of judicial independence in Canada?

    <p>Security of tenure for judges</p> Signup and view all the answers

    In which province of Canada do private disputes of environmental nature rely on codified principles set out in the Civil Code?

    <p>Quebec</p> Signup and view all the answers

    What is the primary significance of impacts associated with climate change in Canada?

    <p>Biodiversity loss</p> Signup and view all the answers

    Which levels have appeared to fluctuate for the period 2002–2016, possibly reflecting the introduction of new measurement technology?

    <p>Fine particulate matter levels</p> Signup and view all the answers

    What provides an underlying framework linking Canadian social and economic development to its environmental foundations?

    <p>Sustainability</p> Signup and view all the answers

    What is the prevailing system of legal ordering throughout Canada, with the exception of Quebec?

    <p>Common law</p> Signup and view all the answers

    What are elements of judicial independence in Canada?

    <p>'Only for cause' removal and 'during good behavior' appointments</p> Signup and view all the answers

    What type of law prevails in the province of Quebec?

    <p>Civil law</p> Signup and view all the answers

    What provides that 'Any person charged with an offence has the right … to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal'?

    <p>'Any person charged with an offence has the right' provision</p> Signup and view all the answers

    What would be initiated in a provincial court exercising criminal jurisdiction with the opportunity to appeal to more senior courts in the hierarchy?

    <p>Prosecution of environmental offences</p> Signup and view all the answers

    Which element is crucial for judicial independence in Canada?

    <p>Control over judicial function</p> Signup and view all the answers

    Which element reflects the evolving articulation by the judiciary of traditional common law principles within Canadian private law?

    <p>Evolving articulation by the judiciary</p> Signup and view all the answers

    What is the overall goal of New Brunswick’s Clean Air Act?

    <p>To support and promote the protection, restoration, enhancement and wise use of the environment</p> Signup and view all the answers

    According to the listed principles in the Clean Air Act, what should the Government of New Brunswick consider when making decisions?

    <p>The potential impacts on biotic and abiotic processes that have shaped natural ecosystems over time</p> Signup and view all the answers

    What does the Clean Air Act encourage all individuals and corporations to adopt?

    <p>Practices that will prevent or minimize the creation of contaminants</p> Signup and view all the answers

    According to the Clean Air Act, what should not compromise the health or well-being of future generations?

    <p>The use of resources and the environment</p> Signup and view all the answers

    What should be a fundamental part of the decision-making process in the administration of the Clean Air Act?

    <p>Scientific information</p> Signup and view all the answers

    What does the Clean Air Act require the Government of New Brunswick to consider in the development and implementation of regulations, policies, programs, and practices?

    <p>The principles set out in the Act</p> Signup and view all the answers

    By what year does the Province aim to have at least 12% of the total land mass legally protected?

    <p>2015</p> Signup and view all the answers

    What is the goal for local food consumption by Nova Scotians by 2020?

    <p>20%</p> Signup and view all the answers

    What is the target year for the Province to develop a strategy to advance the growth of the green economy?

    <p>2014</p> Signup and view all the answers

    By when should wastewater treatment facility discharges undergo at least primary treatment?

    <p>2020</p> Signup and view all the answers

    What year should the Province adopt a natural resources strategy according to the text?

    <p>2010</p> Signup and view all the answers

    When should regulatory tools that use the framework within the Environment Act to stimulate redevelopment of contaminated land be brought into effect?

    <p>2009</p> Signup and view all the answers

    What is the basis for the shared responsibility for the environment between the federal and provincial governments?

    <p>Federal government's environmental powers in relation to its assigned constitutional responsibilities</p> Signup and view all the answers

    What is the main reason for the involvement of aboriginal and treaty rights in environmental protection measures?

    <p>To require appropriate consultative processes in relation to land and resource use</p> Signup and view all the answers

    What type of government system operates at both federal and provincial levels in Canada?

    <p>Parliamentary responsible government</p> Signup and view all the answers

    What kind of jurisdiction do the senior courts of appeal and the Supreme Court of Canada have?

    <p>Appellate, civil, and criminal jurisdiction within and throughout Canada</p> Signup and view all the answers

    Under what constitutional provision were new courts statutorily created since Canadian Confederation in 1867?

    <p>Section 101</p> Signup and view all the answers

    What does section 101 of the Constitution Act, 1867 authorize Parliament to do?

    <p>Provide for a General Court of Appeal for Canada, and for the Establishment of any additional Courts for better administration of the laws of Canada</p> Signup and view all the answers

    What is the major role of Canadian judges serving in senior courts?

    <p>Exercise inherent general jurisdiction in relation to all civil and criminal, provincial, federal, and constitutional matters</p> Signup and view all the answers

    What is the primary power exercised by the federal government with regard to environmental matters?

    <p>'Peace, Order and Good Government' power</p> Signup and view all the answers

    'Section 96' courts are understood to have inherent general jurisdiction in relation to:

    <p>'All civil, criminal, provincial, federal, and municipal matters'</p> Signup and view all the answers

    What is the primary legislative body at the federal level?

    <p>Elected House of Commons</p> Signup and view all the answers

    What is the specific long-term objective mentioned in the Nova Scotia Environmental Goals and Sustainable Prosperity Act?

    <p>To fully integrate environmental sustainability and economic prosperity</p> Signup and view all the answers

    According to the Act, what is one of the specific objectives for supporting a transition to cleaner sources and sustainable uses of energy?

    <p>Enhancing innovation through globally competitive energy research and development</p> Signup and view all the answers

    What are the specific emission reduction targets set in the Act for nitrogen oxides?

    <p>-20% by 2009, -28% by 2015, and -44% by 2020</p> Signup and view all the answers

    What is the specific emission reduction target set in the Act for sulphur dioxide?

    <p>-50% by 2010, -58% by 2015, and -75% by 2020</p> Signup and view all the answers

    What does the Act require for all new residential dwelling units constructed in Nova Scotia after January 1, 2011?

    <p>To meet specific energy conservation measures</p> Signup and view all the answers

    What does the Act aim to reduce greenhouse gas emissions to, by the year 2020?

    <p>-10% below the levels emitted in 1990</p> Signup and view all the answers

    What percentage of Canada's land is covered by forests?

    <p>45%</p> Signup and view all the answers

    Which ecozone includes temperate rainforests in Canada?

    <p>Pacific Maritime ecozone</p> Signup and view all the answers

    What percentage of Canada's land is covered by wetlands?

    <p>16%</p> Signup and view all the answers

    Where are Canada's wetlands now virtually non-existent?

    <p>Settled regions</p> Signup and view all the answers

    Which province or territory has more than 10% of its surface area covered by freshwater?

    <p>Manitoba</p> Signup and view all the answers

    Which country has more lake area than any other in the world?

    <p>Canada</p> Signup and view all the answers

    Which river is the longest in Canada?

    <p>Mackenzie River</p> Signup and view all the answers

    What is the primary focus of monitoring surface freshwater quality in Canada?

    <p>Protecting aquatic species and plant life</p> Signup and view all the answers

    What is the estimated cost for municipal wastewater treatment infrastructure upgrades, repairs, and replacements in Canada?

    <p>CAD 55 Billion</p> Signup and view all the answers

    What was Canada’s total Greenhouse Gas (GHG) emissions in 2013?

    <p>726 megatonnes of carbon dioxide equivalent</p> Signup and view all the answers

    What percentage of Canadian GHG emissions is associated with the oil and gas sector?

    <p>26%</p> Signup and view all the answers

    What category does COSEWIC use to assess the condition of wildlife species?

    <p>Extinct, extirpated, endangered, threatened, and of special concern</p> Signup and view all the answers

    What has been persistently underestimated resulting in a toxic legacy affecting water, soil, and air in Canada?

    <p>Costs of remediation for contaminated sites</p> Signup and view all the answers

    Which ecosystem in Canada has experienced a virtual disappearance, now down to 1% of its original coverage?

    <p>Douglas fir forest of the West Coast</p> Signup and view all the answers

    What percentage of the Carolinian hardwood forest of southern Ontario remains intact?

    <p>3%</p> Signup and view all the answers

    What group assesses the condition of wildlife species in Canada?

    <p>(COSEWIC) Committee on the Status of Endangered Wildlife in Canada</p> Signup and view all the answers

    What percentage of global total do Canadian GHG emissions constitute?

    <p>2%</p> Signup and view all the answers

    What do National emissions as of 2017 indicate about Canada's progress?

    <p>Canada is not on track to meet revised reduction targets by 2020</p> Signup and view all the answers

    What is the primary goal of the Fatal Light Awareness Program (FLAP)?

    <p>Promoting education, research, policy and rescue/rehabilitation of migratory birds in urban settings</p> Signup and view all the answers

    What is the main focus of Équiterre (1993)?

    <p>Promoting environmentally and socially responsible choices, with reference to ecological agriculture, fair trade, energy efficiency, and sustainable transportation</p> Signup and view all the answers

    What is the primary focus of Environmental Defence (1984)?

    <p>Dedicated to protecting the environment, eliminating toxic products, and promoting clean energy</p> Signup and view all the answers

    What is the core mission of Energy Probe (1970: Energy Team of Pollution Probe)?

    <p>Promoting regulation in energy markets, a renewable energy future, and the protection of consumer interests</p> Signup and view all the answers

    Why are First Nations people in Canada more directly affected by environmental degradation?

    <p>Because they are more reliant on traditional foods and lifestyles</p> Signup and view all the answers

    What is the primary focus of the Assembly of First Nations and other principal organizations at the national level?

    <p>Addressing environmental management issues affecting Canadian indigenous peoples</p> Signup and view all the answers

    How has the concern of Canadian indigenous peoples with environmental management been expressed?

    <p>In a stewardship plan highlighting the impact of environmental damage on their health and well-being</p> Signup and view all the answers

    In Canadian environmental law, what is a common area of interest and involvement for aboriginal communities?

    <p>Issues of natural resource access and utilization</p> Signup and view all the answers

    What does Chapter 24 of the agreement mentioned in the text include provisions for?

    <p>Preventing illegal wildlife and resource trading</p> Signup and view all the answers

    Under the agreement, what is the purpose of the dispute-resolution process established in Chapter 24?

    <p>Address any party’s non-compliance with environmental provisions</p> Signup and view all the answers

    Which level of government in Canada engages in collaborative policy-making discussions related to environmentally related expenditures?

    <p>Municipalities</p> Signup and view all the answers

    What is a key responsibility of Canadian municipalities within provincially administered frameworks mentioned in the text?

    <p>Land-use planning and zoning decisions</p> Signup and view all the answers

    What is the legal status of modern treaties according to the text?

    <p>They are lists of constitutionally protected rights and obligations</p> Signup and view all the answers

    Why are Canada's modern treaties said to reflect uniqueness?

    <p>Because each signatory represents a distinct people with unique cultural, political, and economic priorities</p> Signup and view all the answers

    What is the legal force of modern treaties in Canada?

    <p>They have the force of statutory law and prevail over other statutes enacted by federal, provincial, or territorial governments</p> Signup and view all the answers

    What is one of the objectives set out in the new Environmental Cooperation Agreement (ECA) to replace the NAAEC?

    <p>Enhancing trade and environmental policies</p> Signup and view all the answers

    What is a key difference between the USMCA and NAFTA in terms of environmental protection?

    <p>The USMCA includes a dedicated chapter for environmental protection</p> Signup and view all the answers

    What is one of the specific objectives of the new Environmental Cooperation Agreement (ECA)?

    <p>Strengthening cooperation for conservation and environmental challenges</p> Signup and view all the answers

    What is one of the key areas of focus in the objectives set out in the new Environmental Cooperation Agreement (ECA)?

    <p>Promoting public participation in developing environmental laws</p> Signup and view all the answers

    What is the primary focus of the Land Claims Agreement Coalition (LCAC)?

    <p>Ensuring that comprehensive land claims agreements and associated self-government agreements are respected and fully implemented</p> Signup and view all the answers

    What does the formation of the Land Claims Agreement Coalition (LCAC) aim to achieve?

    <p>To lobby for agreement terms appropriate to specific Indigenous situations</p> Signup and view all the answers

    What are the 4 principles around which the Land Claims Agreement Coalition (LCAC) formed?

    <p>To ensure federal commitment to broad objectives of modern treaties, negotiate treaties directly with the crown, handle treaty implementation at the federal level, and establish an independent review body for modern treaties</p> Signup and view all the answers

    What distinguishes the Land Claims Agreements Coalition (LCAC) from a legal body/entity for modern treaty consultation?

    <p>The LCAC is a coalition that does not speak for its members; individual members speak for themselves</p> Signup and view all the answers

    What is one of the main objectives of the Council or governing body of the CEC?

    <p>Promoting transparency and public participation in environmental matters</p> Signup and view all the answers

    What type of support does the Council receive from a professional Secretariat?

    <p>Operational and technical support</p> Signup and view all the answers

    What is the purpose of the Joint Public Advisory Committee?

    <p>Advising on environmental matters within the scope of the NAAEC</p> Signup and view all the answers

    In 2018, what did the three countries agree to, leading to a revised continental trade pact known as the USMCA?

    <p>Revised continental trade pact known as the USMCA</p> Signup and view all the answers

    What is one underlying rationale for the concern of Canadian indigenous peoples with environmental management?

    <p>The impact of environmental damage on their health and well-being</p> Signup and view all the answers

    Which organizations are named as principal organizations at the national level for Canadian aboriginal communities' environmental decision-making?

    <p>Assembly of First Nations, Inuit Tapiriit Kanatami, and the Métis Nation</p> Signup and view all the answers

    What are the subject matters of the aboriginal interest and involvement in environmental decision-making, as mentioned in the text?

    <p>Issues of natural resource access and utilization, hunting and fishing, land use, and community health</p> Signup and view all the answers

    What has been expressed in a stewardship plan as a contemporary rationale for Canadian indigenous peoples' concern with environmental management?

    <p>First Nations people pay a heavy toll in terms of their health and well-being as a result of environmental damage</p> Signup and view all the answers

    What is the main purpose of the dispute-resolution process established in Chapter 24 of the agreement?

    <p>To address non-compliance with environmental provisions</p> Signup and view all the answers

    What is the primary responsibility of Canadian municipalities within provincially administered frameworks?

    <p>Conducting land-use planning and zoning decisions</p> Signup and view all the answers

    What environmental operations are Canadian municipalities responsible for in connection with waste management?

    <p>Waste management</p> Signup and view all the answers

    Under the establishment and enforcement of domestic environmental laws, what are Canadian municipalities heavily involved in, apart from transportation initiatives?

    <p>Public health protection</p> Signup and view all the answers

    What legal aspects do modern treaties have?

    <p>Lists of constitutionally protected rights and obligations, contracts between Indigenous peoples and the federal Crown, force of statutory law</p> Signup and view all the answers

    What is the reason for the differences in modern treaties negotiated in different regions?

    <p>Differences in cultural, political, and economic priorities of distinct Indigenous signatories</p> Signup and view all the answers

    Which statement best reflects the legal force of modern treaties in Canada?

    <p>They have the force of statutory law and prevail over other statutes enacted by the federal, provincial, or territorial governments</p> Signup and view all the answers

    What percentage of the Canadian population identifies as being of aboriginal ancestry?

    <p>1.7%</p> Signup and view all the answers

    Which group makes up roughly 20% of the current Canadian population?

    <p>People of Asian, African, and Arab ethnicity</p> Signup and view all the answers

    Which country was not one of the top five source countries for immigration to Canada in 2016?

    <p>Germany</p> Signup and view all the answers

    What is the most populous province in Canada?

    <p>Ontario</p> Signup and view all the answers

    In which year was the Constitution Act, 1867 renamed and the Canadian Charter of Rights and Freedoms introduced?

    <p>1982</p> Signup and view all the answers

    What is established as the supreme law of Canada?

    <p>Constitution Act, 1982</p> Signup and view all the answers

    When was Canada originally constituted as a federal state?

    <p>1867</p> Signup and view all the answers

    Which of these regions has a limited settlement despite constituting 40% of Canada's territorial landmass?

    <p>The northern regions</p> Signup and view all the answers

    How many Canadians were accepted as permanent residents in 2017?

    <p>286,479</p> Signup and view all the answers

    Which province has the highest population?

    <p>Ontario</p> Signup and view all the answers

    When was constitutional amendments resulted in re-naming British North America Act as Constitution Act, 1867 done?

    <p>1982</p> Signup and view all the answers

    Approximately how many people reported themselves as Registered or Treaty Indians living on Reserve lands?

    <p>740,000</p> Signup and view all the answers

    Study Notes

    • To find Canadian environmental law cases, use legal research tools and databases such as CanLII, Westlaw Canada, Lexis Advance Quicklaw, law journals, law libraries, and government websites.
    • Begin by reading the primary legal text, which may be a statute or regulation.
    • Understand the structure, key definitions, and provisions.
    • Identify and define specialized terminology used in environmental law.
    • Look for legislative intent and goals of the law.
    • Review relevant cases that interpret and apply the environmental law being studied.
    • Explore administrative guidance documents issued by agencies to help interpret and implement environmental regulations.
    • Two conditions must exist for an act to be a criminal offense: actus reus and mens rea.
    • Actus reus refers to the physical act or conduct that constitutes the criminal offense in environmental law.
    • Mens rea refers to the mental state or intent of the person committing the crime, but in many environmental offenses in Canada, strict liability is often imposed.
    • Key elements of an offense in environmental law include a prohibited act or conduct (actus reus) and the presence of a guilty mind (mens rea) at the same time.
    • Examples of specific offenses include the GVRD Air Quality Management Bylaw No. 1082, 2008, and the GVRD Sewage Use Bylaw No. 299, 2007.
    • Elements of the offense that must be proven for the GVRD Air Quality Management Bylaw No. 1082, 2008, Section 5 include a person, conducting an industry, trade or business, discharging or allowing or causing the discharge, and an air contaminant.
    • Elements of the offense that must be proven for the GVRD Sewage Use Bylaw No. 299, 2007, Section 3.2 include a person, discharging or allowing or causing the discharge, septic tank waste, and a sewer.

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    Description

    Test your knowledge on the elements of the offence and definitions related to environmental law. This quiz covers the definition of 'person', 'conducting an industry, trade or business', 'discharge or allow or cause the discharge', and 'air contaminant' as per the law.

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