Occasional Papers: 1-9

The Evolution of Wildlife Law in Canada

by John Donihee, 2000.
73 pp. Occasional Paper #9. $15.00 (softcover)

Wildlife law evolves in response to the ecological status of wildlife populations, changing values and societal objectives for wildlife and changes to the domestic and international legal context within which wildlife is managed. Canadian wildlife law has changed significantly since the time of Confederation.  This study briefly explores the constitutional framework for and common law sources of Canadian wildlife law. It then develops a series of criteria which distinguished three distinct eras in our wildlife law.

Towards a New Paradigm for Cumulative Effects Management

by Steven A. Kennett, 1999.
53 pp. Occasional Paper #8. $15.00 (softcover)

Cumulative environmental effects are increasingly recognized as a major challenge for environmental and resource management in Canada. At the present time, cumulative effects assessment (CEA) in the context of project-specific environmental assessment is the de facto instrument of choice for addressing cumulative effects. This paper argues that a fundamental paradigm shift is required.

Recent Developments in Oil and Gas Law

by Nigel Bankes, 1999.
68 pp. Occasional Paper #7. $15.00 (softcover)

The paper covers cases handed down during 1998 that will be of interest to the oil and gas industry. The cases are treated under three general headings: doctrinal development, litigation against the Crown or the regulator, and aboriginal oil and gas litigation. The paper concludes with a review of recent legislative developments in Yukon and British Columbia.

Resource Developments on Traditional Lands: The Duty to Consult

by Cheryl Sharvit, Michael Robinson and Monique M. Ross, 1999.
26 pp. Occasional Paper #6 $10.00 (softcover)

Recent Canadian court decisions have scrutinized the way in which governments, when their actions or decisions may infringe on Aboriginal or treaty rights, consult with potentially affected Aboriginal people. Consultation is a key consideration in the justification analysis developed by the Supreme Court of Canada in the Sparrow decision to determine whether government is justified in infringing those rights. This paper contrasts the type of consultation that often prevails in practice with the duty to consult emerging from the case law.

In Search of Public Land Law in Alberta

by Steven A. Kennett and Monique M. Ross, 1998.
56 pp. Occasional Paper #5. $15.00 (softcover)

Public land management has been the subject of much debate in Alberta, a province richly endowed with natural resources and heavily dependent on a variety of land and resource uses for its economic well-being. Over time, with the pace of development increasing, this debate has become more acrimonious. At issue are fundamental values and interests and critical policy and institutional choices that will affect the long-term ecological, economic and social sustainability of Alberta's land and resource base. This paper is intended to contribute to the discussion of legal and policy options for public land management in Alberta. The analysis is based on two premises: (1) there is a critical need for an integrated approach to managing the public domain; and (2) law has a fundamental role to play in structuring decision-making regarding the use of public land and resources. The objective is to assess the extent to which Alberta's land and resource legislation provides a solid legal basis for an integrated approach to public land management.

To this end, a template for integrated public land law is used as the standard against which legislation is evaluated.

New Directions for Public Land Law

by Steven A. Kennett, 1998.
51 pp. Occasional Paper #4. $15.00 (softcover)

This paper examines the role and characteristics of public land law as the basis for public land management in Canada. It argues that the establishment of coherent legal regimes for public land management should involve much more than simply the aggregation of discrete statutes and regulations dealing with land use, resource management, and environmental protection.

Towards Sustainable Private Woodlots in Alberta

by Monique Ross, 1997.
25 pp. Occasional Paper #3. $10.00 (softcover)

This paper provides an update in regard to the situation of private woodlots in the province, outlines the applicable legislative and tax regime, and underlines the need for a concerted effort on the part of government departments to actively promote sustainable management of private woodlots. At a time when issues of forest sustainability are being widely debated in international, national and provincial fora, this paper is aimed at drawing attention to the particular situation of private woodlots in Alberta as well as furthering discussion in regard to policy and legal tools which could enhance woodlot conservation and sustainable management.

A History of Forest Legislation in Canada 1867-1996

by Monique Ross, 1997.
50 pp. Occasional Paper #2. $15.00 (softcover)

This occasional paper provides a historical outline of the development of forest legislation in Canada, setting out the various stages in the evolution of provincial and federal policies and legislation, as well as recent developments and trends which may influence this evolution in the near future. An annotated chronological listing of forest legislation for each jurisdiction is found in the Annex. This chronology includes the most significant legislative and policy developments which have occurred during each of the transitional phases in the evolution of provincial and federal forest policies.

Pipeline Jurisdiction in Canada: The Case of NOVA Gas Transmission Ltd.

by Steven A. Kennett, 1996.
45 pp. Occasional Paper #1. $15.00 (softcover)

Current uncertainty regarding pipeline jurisdiction in Canada has significant regulatory implications. The predictability and stability of the legal regime governing Canada's pipeline system is of critical importance to the energy industry, regulatory agencies, governments, and others with an interest in energy matters. There are increasing indications, however, of unpredictability and potential instability in this area. Ongoing litigation indicates that important jurisdictional issues remain unresolved in the minds of industry and regulatory authorities. This paper proposes a new interpretation of the relevant constitutional provisions. While the specific focus is NOVA Gas Transmission Ltd., the analysis has implications for pipeline regulation throughout Canada. The suggested approach would significantly increase jurisdictional certainty. It renders intelligible an otherwise confusing body of case law and provides a clear basis for predicting outcomes in new cases.