The objective of this introductory course is to offer a comprehensive overview of law and policy regarding various aspects of human interactions with the environment. Environment and the law touches upon environmental law, constitutional law, civil law, administrative law, criminal law, international law and legal pluralism, along with strong links to the social, natural and physical sciences. We will review basic concepts and approaches for considering environment and the law, substantive laws and regulations related to environmental protection (including impact assessment), jurisdictional issues underpinning environmental protection, procedural and administrative issues such as public participation and rulemaking, and issues of liability and enforcement. The course will touch on environmental law and policy related to land, air and water; waste and toxic substances; plant and animal species and biodiversity; and the role and legal traditions of Indigenous Peoples with respect to the environment. We will also consider shortcomings and blind spots in environmental law and, more generally, in how the law and the environment interact, and we will examine recent innovations such as rights of nature and ecological law, as well as proposals for reform. The focus will be on Canadian law (federal, provincial, municipal and Indigenous) but we will also consider efforts to protect the environment at the international level, including how those efforts have shaped domestic law. Provinces play a strong role in relation to law and the environment, and so we will look to Québec and occasionally other provinces for examples of specific legal and regulatory approaches. Students taking this course will gain an understanding of the main legal approaches in Canada that address human interaction with the environment and how various stakeholders engage with these approaches and are involved or implicated at the intersection of environment and the law. After taking the course, students will be able to formulate legal and policy arguments with respect to environment and the law and to develop ways to improve how law responds to environmental challenges.
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Career Level
Mid Level