Canadian Institute of Resources Law
Wildlife Management Beyond Wildlife Laws
by Arlene J. Kwasniak. 2007
27 pp. Wildlife Law Paper #7. $10.00 (softcover)
This paper discusses a number of tools and approaches from a broad legal context that may relate to protection of wildlife and habitat. It first considers to what extent environmental assessment processes - both provincial and federal - has potential to address wildlife issues. Then the paper looks at how governmental decision making and how it impacts wildlife. It considers how the "silo" approach to decision making (each department or agency concentrating on its own area of interest) can lead to the exclusion of wildlife values from resource development and related permitting processes. The paper looks at alternative models, such as integrated laws, departments, and decision making processes and considers how they might better lead to wildlife sustainability. Then the paper focuses on land management approaches, in particular, ecosystem and multi-jurisdictional management and it points out how such approaches can maintain and enhance habitat. The common thread throughout is that effective wildlife protection and management requires an integrated approach. All agencies and parties with mandates or powers the exercise of which could directly or indirectly impact wildlife or habitat must work together if these valuable resources are to be sustained and improved.
by Arlene J. Kwasniak. 2006
19 pp. Wildlife Law Paper #6. $10.00 (softcover)
This paper explores a key approach to land management that maintains and enhances wildlife habitat values. This approach is wildlife stewardship. Through this approach the owner, occupier or other land manager takes on the role of steward of the landscape and exercises this stewardship to ensure that natural systems not only survive, but also thrive. It begins by introducing the concept of land stewardship. It then outlines the roles of the steward in relation to the land. Next it sets out how the stewardship concept is important to wildlife management. Finally it describes non-governmental organizations, and non-governmental/governmental partnerships that encourage, assist, or promote stewardship.
Legal and Economic Tools and Other Incentives to
Achieve Wildlife Goals
by Arlene J. Kwasniak. 2006
25 pp. Wildlife Law Paper #5. $10.00 (softcover)
This paper describes and where appropriate, evaluates legal and economic tools to achieve protection of wildlife and wildlife habitat. It looks at novel private conservancy legal tools such as conservation easements, and transfer of development rights, as well traditional tools that may be used to achieve conservancy goals such as contracts, leases, licences, profits à prendre, restrictive covenants and common law easements. It also considers economic based tools such as income and property tax incentives, certification programs, and payment for supplying ecological goods and services related to wildlife and habitat protection.
Wildlife and the Canadian Constitution
by Priscilla Kennedy and John Donihee. 2006
14 pp. Wildlife Law Paper #4. $10.00 (softcover)
This publication is the fourth in a series of papers on Canadian Wildlife Law being published by the Canadian Institute of Resources Law. The purpose of this paper is to give an overview of the sources of Canadian wildlife law focusing on the constitutional authorities to legislate in respect of wildlife, and to outline as well how the distribution of public property, more specifically public lands, has affected these authorities. The distribution of public property, including public lands as well as law-making authorities, is set out in Canada's constitution. The paper starts with an exploration of the division of legislative powers over wildlife between federal and provincial governments. Investigation of the constitutional framework will take farther a field as well, as consideration how the control over public property contributes to wildlife management authority. The paper concludes this review of constitutional authority over wildlife by examining how both levels of government have developed institutions to facilitate interjurisdictional cooperation on matters related to wildlife.
Overview of Provincial Wildlife Laws
by Monique M. Passelac-Ross. 2006
35 pp. Wildlife Law Paper #3. $15.00 (softcover)
This publication, the third in a series of papers on Canadian Wildlife Law, provides an overview of wildlife legislation encompassing all ten provinces and three territories in Canada. The paper explains the basic scheme of the wildlife statutes and outlines the commonalities and differences from jurisdiction to jurisdiction. First, it describes the traditional wildlife management mechanisms that are typically utilized in wildlife laws in order to achieve wildlife management goals. It then focuses on the habitat protection provisions of wildlife statutes. These provisions illustrate the broadening in focus of wildlife management techniques starting in the wildlife management era (1960s and 1970s). Finally, the paper provides an overview of legislative provisions that have been enacted for the protection of species at risk, either as stand-alone legislation or as new provisions inserted in existing wildlife statutes.
Enforcing Wildlife Law
by Arlene Kwasniak. 2006
19 pp. Wildlife Law Paper #2. $10.00 (softcover)
Most would readily assert that without enforcement, wildlife laws would not have significant impact. Yet it is not always clear what enforcement is and how it is carried out. This paper explains components of enforcement. The paper is meant to be accessible to both the legally trained and the non-legally trained. The paper describes kinds of offences, explicates the notions of compliance and non-compliance, and sets out the potential consequences of non-compliance. It addresses who may enforce wildlife laws, what kind of discretion they possess in determining whether to carry out investigation, enforcement and prosecution activities, and what potential role there is for citizen enforcement. The paper highlights the role of direct and incidental takings of wildlife in enforcement. It also addresses promoting enforcement by bringing international attention to situations where governments allegedly are not effectively enforcing environmental laws. Throughout the paper provides examples from provincial and federal wildlife legislation.
International Wildlife Law
by Nigel Bankes. 2006
50 pp. Wildlife Law Paper #1. $20.00 (softcover)
The term "international wildlife law" as used in this paper refers to the body of rules of international law that apply to the protection, conservation, and harvesting of wildlife, the rules that restrict international trade in wildlife, and the international body of rules that apply to the protection of wildlife habitat. The paper begins with the question of sources (i.e., what counts as international law). Then, in order to establish the relevance of international wildlife law in a domestic setting, the paper considers the relationship between international law and domestic law and the process of incorporating international norms into domestic law. The paper concludes by looking briefly at some important multilateral agreements to which Canada is not a party (such as the Migratory Species Convention) as well as a couple of instruments which, while not perhaps binding as a matter of formal international law do, as a practical matter influence wildlife law and policy in Canada.