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