Essentials of Canadian Law Environmental Law by Jamie Benidickson

By Jamie Benidickson

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By general implication from the Supreme Court commentary, it would be necessary to distinguish pollution costs of a direct and immediate nature from those that would not be so described. 49 In the absence of precise statutory guidance, courts and 45 1992 Rio Declaration on Environment and Development, 14 June 1992, 31 ILM 874, Principle 16. 46 Single European Act, 1986, art 25, 1992 adding art 130R2. 47 NSEA, above note 43, s╯2(c). 48 Imperial Oil Ltd v Quebec (Minister of the Environment), [2003] 2 SCR 624 at para 24.

17 The explicit reference to aesthetic harm, something by no means found throughout environmental laws, is indicative of the potential for different conceptions of pollution in the minds of scientific experts and officials in the legal system. Other jurisdictions, sometimes without reference to pollution as such, have employed the concepts of contaminant and adverse environmental effects to delineate the harms that anti-pollution legislation is intended to control. 18 Federal fisheries legisla15 RSQ c Q-2.

23 SC 1996, c 31, s╯35. 24 Environmental Protection and Enhancement Act, SA 1992, c E-133, s╯1. 25 Canadian Council of Ministers of the Environment, Conservation Strategies: A Compendium of Canadian Experiences (September 1989) at 7. 27, ss╯20, 21. ca. ╯. a requirement that cabins be built at least 150 feet away from the shore may be concerned with possible pollution of the lake, the erosion of the shoreline and the effects of that erosion on water quality. ╯. ╯. should be construed generously to refer not only to the conservation of game and fish but also to the environment they inhabit.

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