Climate Liability in Canada
Climate Change, Climate Liability, Potential Sources
The paper considers a variety of sources of potential climate liability in Canada. Sources considered include the Charter of Rights and Freedoms, jurisdictional issues, aboriginal rights, the public trust, judicial review of regulatory decisions, tort principles of such as nuisance, negligence, and strict liability, securities litigation, legislative issues under federal and provincial legislation, such as species at risk Acts, environmental assessment processes, and the role of public international law in climate litigation in Canada. Various opportunities to petition national and international institutions on climate issues are also identified.
Meinhard Doelle, Dennis Mahony, & Alex Smith, "Climate Liability in Canada" in Richard Lord et al, eds, Climate Change Liability: Transnational Law and Practice (Cambridge: Cambridge University Press, 2012) 525.