Sustainable development and environmental law were on the minds of 65 lawyers from across Canada as they met in Montreal last week. Addressing topics such as criminal law and the environment, evaluation of environmental damages and Aboriginal law, the 18th annual Environmental Lawyers in Government conference discussed ways to solve current environmental problems.
The conference, organized by Environment Canada’s Legal Services Unit and the Quebec Regional Office of Justice Canada, discussed the complex and possibly conflicted role that government plays in environmental protection.
“We are, on the one hand, the enforcers of environmental law,” said Duncan Fraser, a Department of Justice lawyer from Winnipeg. “On the other hand, we have to respond in court against those who accuse us of being too lenient in allowing development.”
Fraser believes, however, that legislation enacted by the federal and provincial governments can be highly beneficial.
“Government has an ability to influence the private sector,” he said. “A good example is gasoline prices. If gas prices go up because of a tax, people will find a way to build cars that use less.”
Charles Gonthier, chairman of the Board of Governors at the Centre for International Sustainable Development Law in McGill’s Faculty of Law, also stressed the role of the courts, judges and lawyers in environmental law.
“The complex nature of sustainable development issues may call for legislation drafted in broad terms,” he said in his keynote address. “This leaves to the courts an important task in defining its application.”
In addition to court rulings and government legislation, attention was also given to the need for society-wide involvement in environmental protection.
“The important thing is to get people working and committed to these issues,” Gonthier said. “It’s a matter of each person doing his part in the context in which he is living, whether it’s putting out the recycling bin or making decisions as the CEO of a big corporation.”
All parties were in agreement concerning the need for public education and awareness, including Fraser.
“How much do people really know about the Kyoto [protocol]?” he asked. “How much do people really know about acid rain? Everyone thought it was eliminated, but acid rain is coming back as an issue in Canada.”
“Education is essential…to effective participation,” Gonthier said. “Without it, participation may be misdirected and misled.”
“It’s the government’s responsibility,” he said. “But it’s also everyone’s responsibility.”
