Environment in the Courtroom

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.

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

• PrefaceSection 1: Key Environmental Concepts and the Unique Nature of Environmental Damage1. Sustainable Development Under Canadian Law Paul Halley and Pierre-Olivier DesMarchais2. 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 Nikolaou7. Practical Engagement with Indigenous Legal Traditions on Environmental Issues: Some Questions Hadley Friedland 8. The Legal Concept of Sustainability Natasha Affolder9. 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 Ikejiani14. Regulatory Negligence in Environmental Law Lynda Collins and Jasmine van Schouwen15. 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 Stuart24. 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 Mascher28. Creative Environmental Sentencing: The Corporate Perspective Allan Ingelson 29. Environmental Non-Governmental Organizations and Creative Sentencing: Perspectives and Roles Cindy Chiasson30. 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 OlszynskiSection 4: Evidentiary Issues in Environmental Prosecutions and Hearings 34. Proving Causation: Scientific Certainty vs. Legal Burden of Proof Danielle Meuleman35. Experts in Environmental Litigation Marc McAree, Robert Woon, and Anand Srivastava36. Communication Between Lawyers and Experts Marc McAree, Robert Woon, and Anand Srivastava37. Reporting Obligations to Third Parties Marc McAree, Robert Woon, and Anand Srivastava38. 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. Akelaitis41. 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 Laidlaw46. 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 ContributorsIndex