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Author:   Allan E. Ingelson ,  Alan Ingelson ,  John D. Cliffe ,  Lynda Collins
Publisher:   University of Calgary Press
Imprint:   University of Calgary Press
Dimensions:   Width: 22.60cm , Height: 4.50cm , Length: 20.80cm
Weight:   1.225kg
ISBN:  

9781552389850

ISBN 10:   1552389855
Pages:   824
Publication Date:   30 January 2019
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   In stock  
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Table of Contents

"Preface Section 1: Key Environmental Concepts and the Unique Nature of Environmental Damage 1. Sustainable Development Under Canadian Law Paul Halley and Pierre-Olivier DesMarchais 2. A Precautionary Tale: Trials and Tribulations of the Precautionary Principle. Chris Tollefson 3. Ecosystem Management: It's Imperative … Whatever It Is Michael M. Wenig 4. Public Nuisance: Public Wrongs and Civil Rights of Action Alastair R. Lucas, Q.C. 5. The Incorporation of an Environmental Ethic in the Courtroom Heather McLeod-Kilmurray 6. The Intersection of Human Rights Law and Environmental Law Nickie Nikolaou 7. Practical Engagement with Indigenous Legal Traditions on Environmental Issues: Some Questions Hadley Friedland 8. The Legal Concept of Sustainability Natasha Affolder 9. How Legal Design May Constrain the Power of Law to Implement Environmental Norms: The Case of Ecological Integrity in Canada's National Parks Shaun Fluker 10. Applying International Law to Canadian Environmental Law Charles-Emmanuel 11. The Role of International Environmental Law in Canadian Courts Phillip M. Saunders, Q.C. 12. Assessing Environmental Damages: How Much is Beauty Worth in Dollars? Giorilyn Bruno Section 2: Environmental Prosecutions 13. The Exercise of Prosecutorial Discretion: Challenges to Environmental Prosecutions Alex Ikejiani 14. Regulatory Negligence in Environmental Law Lynda Collins and Jasmine van Schouwen 15. Strategic Decisions in Environmental Prosecutions Paul McCulloch and Danielle Meuleman 16. Federal vs. Provincial Crowning Susan McRory 17. Who Should Prosecute: Intragovernmental Aspects Martin Z.P. Olszynski 18. Science and Advocacy Heather McLeod-Kilmurray 19. Private Prosecutions Revisited: The Continuing Importance of Private Prosecutions in Protecting the Environment John Swaigen, Albert Koehl, and Charles Hatt 20. Due Diligence in Environmental Offences Rhonda M. Vanderhoek 21. Certain Defenses in Criminal Law of the Environment Jean Piette 22. Aboriginal Law in the Context of Regulatory Prosecutions Cheryl Sharvit Section 3: Sentencing and Environmental Offences 23. Environmental Sentencing: Making the Best of a Blunt Instrument Judge Barry Stuart 24. Holding Directors and Officers Liable for Environmental Problems: Sentencing and Regulatory Orders Dianne Saxe and Meredith James 25. The Enforcement of Environmental Law through the Use of Administrative Penalties Jean Piette 26. Creative Sentencing in Environmental Prosecutions, the Canadian Experience: An Overview John D. Cliffe, Q.C. 27. Creative Sentencing: The Experience """"Down Under""""Sharon Mascher 28. Creative Environmental Sentencing: The Corporate Perspective Allan Ingelson 29. Environmental Non-Governmental Organizations and Creative Sentencing: Perspectives and Roles Cindy Chiasson 30. Negotiating Sentences Peter J. Craig 31. Creative Sentence Negotiation: Looking Beyond Deterrence Paul Adams 32. The Law and Economics of Environmental Harm: A Primer and Update for Environmental Sentencing (Parts I & II) Martin Olszynski and Peter Boxall 33. The Law and Economics of Environmental Harm: A Primer and Update for Environmental Sentencing (Parts III, IV &V) Peter Boxall and Martin Olszynski Section 4: Evidentiary Issues in Environmental Prosecutions and Hearings 34. Proving Causation: Scientific Certainty vs. Legal Burden of Proof Danielle Meuleman 35. Experts in Environmental Litigation Marc McAree, Robert Woon, and Anand Srivastava 36. Communication Between Lawyers and Experts Marc McAree, Robert Woon, and Anand Srivastava 37. Reporting Obligations to Third Parties Marc McAree, Robert Woon, and Anand Srivastava 38. Admissibility of Expert Evidence and Costs Marc McAree, Robert Woon, and Anand Srivastava 39. Experts Only Jim Bunting, Terri-Lee Oleniuk, and Sarah Powell 40. An Overview of Expert Evidence in Canada Gary A. Letcher and Andrea C. Akelaitis 41. Issues Respecting Expert Advisers, Expert Witnesses and Retaining Council Nicholas R. Hughes and Monika A. Sawicka 42. Continuity of Evidence and Remediation Advice for Investigators: Some Brief Comments John D. Cliffe, Q.C. and John S.G. Clark 43. Proving the Right to be Heard: Evidentiary Barriers to Standing in Environmental Matters Adam Driedzic 44. The Challenges of Gathering Expert Evidence by Private Individuals Asha James 45. Challenges in Using Aboriginal Traditional Knowledge in the Courts David Laidlaw 46. Privilege in Environmental Enforcement Erin Eacott 47. Judicial Notice of Climate Change Brenda Heelan Powell Section 5: Inspections and Enforcement Issues: On-site and in Court 48. The Art of Responsive Regulation: How Agencies Can Motivate Regulated Firms to Become Virtuous James Flagal 49. Regulatory Inspections: A Private Practitioner's Perspective Katia Opalka 50. Anatomy of Compliance Regime: Imitations of Action-A Regulator's Perspective Fred Maefs 51. Collecting Essential Evidence for Environmental Investigations and Prosecutions: Approaches to Legal Strategy and Associated Issues Jack D. Coop 52. Environmental Investigations: A Government Perspective Paul McCulloch 53. Recapitulation and Alternatives: Lessons Learned From a Hypothetical Case Study Jennifer Fairfax 54. Anatomy of Compliance Regime: Recapitulation and Alternative Lessons from the United States Jonathan Leo List of Contributors Index"

Reviews

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

Author Information

Allan 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.

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