Those with the power to expropriate face few restrictions in Canada. Their objectives cannot be questioned. They need not demonstrate that their plans are viable. Nor are they bound by the findings of hearings into proposed projects. As a result, projects that are unfair, unsound, or unnecessary often go ahead. Continue reading
Category Archives: Property Rights
Stop expropriation abuse!
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Expropriation – the taking of land without the consent of the owner – is one of the most extreme uses of government power. It is not only a severe interference with private property rights but is also bad for the environment, the economy, and public morale. Expropriation is particularly repugnant when done for the benefit of private interests. Continue reading
Throne Speech promises polluter-pay system
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To protect local communities and the environment from oil spills and other risks, the federal government is promising to enshrine the polluter-pay system into law. It is also promising to increase the required liability insurance for companies operating offshore, pipeline operators, and railways. Continue reading
New liability limits for nuclear power and oil: Better, but not good enough
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In June, Natural Resources Minister Joe Oliver announced that the federal government will increase the liability limits for the operators of nuclear power plants and for oil companies drilling in Atlantic and Arctic waters. The minister explained that the changes are consistent with the polluter pays principle. But a government that is truly committed to the polluter pays principle would not simply raise caps on liability – it would remove them entirely. Continue reading
Expropriation Gone Awry: A Case Study
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In this conference presentation, Elizabeth Brubaker discusses the city of Toronto’s expropriation of six properties on the northeast corner of Yonge and Dundas in order to make way for a multi-screen cinema, restaurants, shops, and offices. Brubaker argues that forcibly taking land from private owners and re-selling it to private developers was an abuse of the city’s powers. She calls for an overhaul of the expropriation process to ensure that property is taken only for legitimate public uses and that landowners are treated fairly. Continue reading
EBI updates Citizens Guide
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EBI has updated a key section of its Citizens Guide to Environmental Investigation and Private Prosecution. The online guide now includes the latest provincial and federal objectives, guidelines, and standards for water quality, sediment quality, and soil quality. Continue reading
Environment Commissioner targets environmental liability limits
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Canada’s outgoing Commissioner of the Environment and Sustainable Development has used his final report to Parliament to call attention to policies that limit the financial exposure of potential polluters. His recommendations to update liability limits don’t go far enough. Continue reading
Undue influence?
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A new Polaris Institute report documents a “staggering” rate of lobbying by Canada’s petroleum industry. Do environmentalists and other concerned citizens stand a chance? Continue reading
Power to the people
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Several recent surveys have revealed that Canadians distrust federal politicians, feel they have little in common with them, and doubt they are equipped to address important issues facing the country. These findings confirm the importance of Environment Probe’s work to empower individuals and communities. Continue reading
Take back the environment!
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In the last year, we have witnessed an unprecedented roll-back of environmental regulation across Canada. Federal and provincial governments alike have reduced their oversight of polluting industries and weakened citizens’ rights to protect themselves and their environment. The systematic weakening of environmental regulation has created a vacuum that needs to be filled. But we don’t simply need new regulations. We need a better process – one that returns environmental protection to affected citizens. Continue reading
Private insurance reduces environmental accidents
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The current edition of Regulation magazine has an interesting article about the role of legal liability in protecting the environment. The authors document the decline in leaks from underground fuel tanks when gas stations are required to carry private clean-up and liability insurance. The price structure for such insurance, they explain, “gives tank owners economic incentives to invest in equipment that reduces the chance of accidental fuel tank leaks.” Continue reading
Holding Frackers Accountable for Groundwater Pollution: An Analysis of Canada’s Liability Regimes for Hydraulic Fracturing
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This paper, by Adam Shedletzky, focuses on the legal provisions governing groundwater pollution due to fracking for shale gas. It examines the liability regimes (statutory and common-law) in Ontario, British Columbia, and Alberta. It concludes with recommendations for strengthening the regulatory regime to enhance frackers’ incentives to take care and to ensure that those who are adversely affected by fracking can be “made whole.” Continue reading
Factory farms erode democratic rights
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In a new report examining the impacts of factory farming, the World Society for the Protection of Animals explains that right-to-farm laws have curtailed the rights of rural residents to be free of agricultural pollution. The authors bolster their arguments with quotes from Greener Pastures: Decentralizing the Regulation of Agricultural Pollution. Continue reading
Environmental assessments don’t protect the environment: Bruce Pardy
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Last week, as most environmentalists bemoaned the federal government’s decision to streamline environmental assessments, one expert shed no tears. Bruce Pardy, professor of environmental law at Queen’s University and member of Ontario’s Environmental Review Tribunal, told CBC Radio that “environmental assessment is not a great way to protect the environment.” Continue reading
Shale Gas in Canada: An Overview
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In this overview of shale gas in Canada, Manish Oza addresses basic questions about the location and volume of the resource, the environmental concerns associated with its extraction, and the regulatory regimes governing the industry. The paper is intended not to provide the last word on these issues but to help inform the still-early stages of the public policy discussion across the country. Continue reading
Make polluters pay! Back off government!
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In this article in the C2C Journal, Elizabeth Brubaker reviews recent court cases against polluters, large and small, demonstrating that common-law property rights remain powerful tools for environmental protection. But courts are hamstrung when governments authorize pollution. Only when governments don’t stand in the way can people use their property rights to shield themselves from harm. Continue reading
Liability limits: lessons from the BP oil spill
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One year ago, the BP Deepwater Horizon drilling rig exploded, killing 11 crew members and sending more than four million barrels of oil into the Gulf of Mexico. Although drilling in the Gulf’s deep waters is resuming, the law limiting oil companies’ liability for the damage they cause has yet to be changed. Until lawmakers eliminate the liability cap, oil companies will lack full incentives to prevent future disasters, and will be ill-equipped to deal with them should they occur. Continue reading
Encouraging Pollution: The Perils of Liability Limits
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The authors of this research paper examine the rationales for and the effects of laws that cap liability for environmental disasters, such as oil spills and nuclear accidents. Such laws, they conclude, subsidize environmentally harmful activities and encourage risky behaviour. Continue reading
Smith v. Inco: Holding the nickel giant responsible for historical pollution
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Stuart Norris examines the July 2010 decision in Smith v. Inco, which found Inco liable for reduced property values resulting from nickel contamination in Port Colborne, Ontario.
Danielle Smith and the Environment
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Jonathan Williams examines the environmental policies of Danielle Smith, leader of Alberta’s Wild Rose Alliance. He explores the seminal influence of Elizabeth Brubaker’s Property Rights in the Defence of Nature. "If one wants to understand where Danielle Smith is coming from on the environment one would say that Brubaker might be a good place to start."
