University of Calgary Press

About the Book

An essential reference for all those interested in Canadian Environmental Law that comprehensively details the many unique issues of understanding and practice across the Canadian provinces and territories.

Canadian environmental law is a dynamic and exciting area that is playing an increasingly important role in furthering sustainable development policy. Environmental law has distinctive relevant principles, operating procedures, implications, and importance in comparison with other areas of law, and these distinctions must be appreciated both within the legal community and by all those who are concerned with the way that courts handle environmental cases.

Environment in the Courtroom provides extensive insight into Canadian environmental law. Covering key environmental concepts and the unique nature of environmental damage, environmental prosecutions, sentencing and environmental offences, evidentiary issues in environmental processes and hearings, issues associated with site inspections, investigations, and enforcement, and more, this collection has the potential to make a significant difference at the level of understanding and practice.

Containing perspective and insight from experienced and prominent Canadian legal practitioners and scholars, Environment in the Courtroom addresses the Canadian provinces and territories and provides context by comparison to the United States and Australia. No other collection covers these topics so comprehensively. This is an essential reference for all those interested in Canadian environmental law.

About the Editor

Allan E. Ingelson is an associate professor in the Faculty of Law, University of Calgary. His research focuses on regulation of the Canadian and international energy and mining sectors.

With Contributions By: Paul Adams, Natasha Affolder, Andrea C. Akelaitis, Peter Boxall, Giorilyn Bruno, James Bunting, Cindy Chiasson, John S.G. Clark, John D. Cliffe, Lynda Collins, Jack D. Coop, Charles-Emmanuel Côté, Peter Craig, Pierre-Olivier DesMarchais, Adam Driedzic, Erin Eacott, Jennifer Fairfax, James D. Flagal, Shaun Fluker, Hadley Friedland, Paule Halley, Charles Hatt, Brenda Heelan Powell, Nicholas R. Huges, Alex Ikejiani, Allan E. Ingelson, Asha James, Meredith James, Albert Koehl, David Laidlaw, Jonathan Leo, Gary A. Letcher, Alastair Lucas, Fred Maefs, Sharon Mascher, Mac McAree, Paul McCulloch, Heather McLeod-Kilmurray, Susan McRory, Danielle Meulemean, Terri-Lee Oleniuk, Martin Olszyanski, Katia Opalka, Jean Piette, Sarah Powell, Phillip Saunders, Monika A. Sawicka, Dianne Saxe, Cheryl Sharvit, Anand Srivastava, Barry Stuart, John Swaigen, Chris Tollefson, Ronda M. Vanderhoek, Jasmine van Schouwen, Nickie Nikolaou, Michael Weing, and Robert Woon

Praise for Environment in the Courtroom

This seminal collection has the potential to make a significant difference at the level of understanding and practice . . . an essential and unreservedly recommended reference for all those interested in Canadian environmental law

-—Carl Logan, Midwest Book Review

Table of Contents

 

Acknowledgements

List of Contributors

List of Figures

Introduction

In the Shadow of the Green Giants:
Environmentalism and Civic Engagement

Jonathan Clapperton and Liza Piper

Process and Possibilities

Strategies for Survival:
First Nations Encounters with Environmentalism
Anna J. Willow

Native/Non-Native Alliances:
Challenging Fossil Fuel Industry Shipping at Pacific Northwest Ports
Zoltán Grossman

Conserving Contested Ground:
Sovereignty–Driven Stewardship by the White Mountain Apache tribe and the Fort Apache Heritage Foundation
John R. Welch

From Southern Alberta to Northern Brazil:
Indigenous Conservation and the Preservation of Cultural Resources
Sterling Evans

Parks For and By the People:
Acknowledging Ordinary People in the Formation, Protection, and Use of State and Provincial Parks
Jessica M. DeWitt

Histories

Alternatives:
Environmental and Indigenous Activism in the 1970s

Liza Piper

Marmion Lake Generating Station:
Another Northern Scandal?
Tobasonakwut Peter Kinew

Environmental Activism as Anti–Conquest:
The Nuu–chch–nulth and Environmentalists in the Contact Zone of Clayoquot Sound
Jonathan Clapperton

Local Economic Independence as Environmentalism:
Nova Scotia in the 1970s
Mark Leeming

"Not an Easy Thing to Implement":
The Conservation Council of New Brunswick and Environmental Organization in a Resource–Dependent Province, 1969–1983
Mark J. McLaughlin

The Ebb and Flow of Local Environmental Activism:
The Society for Pollution and Environmental Control (SPEC), British Columbia
Jonathan Clapperton

From Social Movement to Environmental Behemoth:
How Greenpeace Got Big
Frank Zelko

Afterward

Lessons and Directions from the Ground Up

Jonathan Clapperton and Liza Piper

Bibliography

Index