Chapters in this book

1. Front Matter i
2. Table of Contents v
3. Preface xi
4. Key Environmental Concepts and the Unique Nature of Environmental Damage
5. Sustainable Development under Canadian Law 1
6. A Precautionary Tale: Trials and Tribulations of the Precautionary Principle 17
7. Ecosystem Management: It’s Imperative … Whatever It Is 39
8. Public Nuisance: Public Wrongs and Civil Rights of Action 52
9. The Incorporation of an Environmental Ethic in the Courtroom 61
10. The Intersection of Human Rights Law and Environmental Law 72
11. Practical Engagement with Indigenous Legal Traditions on Environmental Issues: Some Questions 82
12. The Legal Concept of Sustainability 92
13. How Legal Design May Constrain the Power of Law to Implement Environmental Norms: The Case of Ecological Integrity in Canada’s National Parks 131
14. Applying International Law to Canadian Environmental Law 142
15. The Role of International Environmental Law in Canadian Courts 152
16. Assessing Environmental Damages: How Much Is Beauty Worth in Dollars? 163
17. Environmental Prosecutions
18. The Exercise of Prosecutorial Discretion: Challenges to Environmental Prosecutions 175
19. Regulatory Negligence in Environmental Law 187
20. Strategic Decisions in Environmental Prosecutions 197
21. Federal vs. Provincial Crowning 207
22. Who Should Prosecute: Intragovernmental Aspects 218
23. Science and Advocacy 230
24. Private Prosecutions Revisited: The Continuing Importance of Private Prosecutions in Protecting the Environment 240
25. Due Diligence in Environmental Offences 262
26. Certain Defences in Criminal Law of the Environment 272
27. Aboriginal Law in the Context of Regulatory Prosecutions 285
28. Sentencing and Environmental Offences
29. Environmental Sentencing: Making the Best of a Blunt Instrument 309
30. Holding Directors and Officers Liable for Environmental Problems: Sentencing and Regulatory Orders 325
31. The Enforcement of Environmental Law through the Use of Administrative Penalties 338
32. Creative Sentencing in Environmental Prosecutions, The Canadian Experience: An Overview 364
33. Creative Sentencing: The Experience “Down-Under” 377
34. Creative Environmental Sentences: The Corporate Perspective 391
35. Environmental Non-Governmental Organizations and Creative Sentencing: Perspectives and Roles 413
36. Negotiating Sentences 425
37. Creative Sentence Negotiation: Looking Beyond Deterrence 436
38. The Law and Economics of Environmental Harm: A Primer and Update for Environmental Sentencing (PARTS I and II) 443
39. The Law and Economics of Environmental Harm: A Primer and Update for Environmental Sentencing (PARTS III, IV and V) 457
40. Evidentiary Issues in Environmental Prosecutions and Hearings
41. Proving Proving Causation: Causation: Scientific Scientific Certainty Certainty vs. vs. Legal Legal Burden Burden of of Proof Proof 473
42. Experts in Environmental Litigation 481
43. Communication Between Lawyers and Experts 494
44. Reporting Obligations to Third Parties 505
45. Admissibility of Expert Evidence and Costs 516
46. Experts Only 532
47. An Overview of Expert Evidence in Canada 551
48. Issues Respecting Expert Advisors, Expert Witnesses, and Retaining Counsel 561
49. Continuity of Evidence and Remediation Advice for Investigators: Some Brief Comments 574
50. Proving the Right to Be Heard: Evidentiary Barriers to Standing in Environmental Matters 582
51. The Challenges of Gathering Expert Evidence by Private Individuals 597
52. The Challenges in Using Aboriginal Traditional Knowledge in the Courts 606
53. Privilege in Environmental Enforcement 634
54. Judicial Notice of Climate Change 646
55. Inspections and Enforcement Issues: On-site and in Court
56. The Art of Responsive Regulation: How Agencies Can Motivate Regulated Firms to Become Virtuous 665
57. Regulatory Inspections: A Private Practitioner’s Perspective 690
58. Anatomy of a Compliance Regime: Initiation Of Action—A Regulator’s Perspective 708
59. Collecting Essential Evidence for Environmental Investigations and Prosecutions: Approaches to Legal Strategy and Associated Issues 718
60. Environmental Investigations: A Government Perspective 742
61. Recapitulation and Alternatives: Lessons Learned from a Hypothetical Case Study 752
62. Anatomy of a Compliance Regime: Recapitulation and Alternative Lessons from the United States 776
63. Contributors 779
64. Index 803