Environmental Management & Assessment (ENVR9100)

Environmental Laws & Regulations

Introduction to the Canadian Legal System
(Demonstrate that you were listening)

EXERCISE #1

1. Canada has _two_legal systems. They are: English common law and French Civil
Law.

2. If case law and a current statute law contradict, which one prevails? Current statue
law.

3. Describe in your own words the principle difference between a Statute and a
Regulation.
Statutes are made by legislature and are difficult to amend as it requires multiple readings
from House of Commons and Senate at the federal level whereas Regulations are made
by administrators and are easier to amend as it doesn’t require multiple readings and it
also consists of details.
4. Under which Constitutional ‘head of power’ (Section 91 or Section 92) would you
find Environmental Law? Explain your answer.
Environmental law is not mentioned specifically in any of the sections. But, one can see
how both the federal government and the provinces may have responsibility for
"environment." As provinces have authority to use all the natural resources but federal
have inland fisheries too which are part of water. For example, The federal government
is in charge of the fish that swim in the water, but the provinces are in charge of the
water. In a nutshell, both can be responsible.

5. _Public_ law is the interaction between government and individuals.

_Private_ law is the interaction between individuals only.

6. What is the principle of tort law? The most common torts are…?
The aim of tort law is to pay up for losses and will provide compensation for injuries one
person suffers as a consequence of another's misconduct. The most common torts are
negligence and nuisance.

7. Rylands vs Fletcher established the concept of: _strict liability_, which is an activity

that is not illegal but is so unsafe or uncommon that the person engaging in it faces the

risk of suffering a loss.

8. Do Riparian Rights always prevail over statutes? Why or why not?

 Statute really does have the power to "trump" riparian rights. The landowners can enjoy

water resources but cannot pollute the water above the permissible limits otherwise it is

said to be as interferences and that is when the statute law applies.

9. True or False…In general, policies and guidelines are legally binding? ___False____

10. What is the principle objective of this course?

To fulfill the requirements for environmental compliance, by interpreting environmental
laws.