About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

17 Geo. Int'l Envtl. L. Rev. 25 (2004-2005)
Canadian Federalism and the Environment: The Literature

handle is hein.journals/gintenlr17 and id is 35 raw text is: Canadian Federalism and the Environment: The Literature WILLIAM R. MACKAY* CONTENTS I. Introduction ......................................... 25 II. Constitutional Division of Powers over the Environment ........... 26 III. Federal Provincial Diplomacy in the Environment ................ 29 A. Factors Affecting The Federal Role in Canadian Environmental Policy . . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . .. . . . . . . . . 29 1. Constitutional Constraints ......................... 30 2. Provincial Resistance ............................ 33 3. External Pressures .............................. 34 B. The Dominant Pattern of Intergovernmental Relations in Canadian Environmental Policy ............................... 38 C. The Preferred Model of Intergovernmental Relations with Respect to Environmental Policy ............................. 41 1. Collaboration vs. Competition ...................... 42 2. Legal Enforceability ............................ 44 3. Federal vs. Provincial Control ...................... 46 IV. Conclusion .......................................... 48 I. INTRODUCTION Federalism in Canada is marked by the cohabitation of the federal and provincial governments in many legislative fields. This is especially true of environmental policy. Accordingly, the subject of federalism and environmental policy in Canada is the focus of a large body of academic literature. Yet, in the past, this literature has generally ignored the highly developed theories of Canadian intergovernmental relations. However, recent academic literature at- tempts to analyze environmental policy-making in Canada through an intergov- ernmental relations lens. Moreover, this literature attempts to broaden the scope of inquiry to include the political and economic factors that contribute to given patterns of intergovernmental relations in the environment. Whereas the initial literature focused solely on the constitutional constraints on governments and on provincial-federal conflict to explain patterns of intergovernmental relations, * Senior Legal Counsel, Government of Nunavut, Department of Executive and Intergovernmental Affairs. The author would like to thank Professor Nigel Bankes and Professor Jonnette Watson Hamilton of the University of Calgary Faculty of Law for their comments on early drafts of this article.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most