POLS3370.Midterm 2.docx - POLS 3370 Midterm 2 Terms 1...

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POLS 3370: Midterm 2 Terms: 1. Justiciability: cases that raise specifically legal and not political issues. There are three forms of legal actions: Constitutional and Charter Litigation, Judicial Review of Administrative Action, Civil Action (Class Actions, Environmental Damages). 2. Sustainable Development: Environmental ideal on the left of the spectrum. Considers both Ecological and Economic factors. Resources treated on both bases of present and future value. Economic development doesn’t have to mean environmental decline. Increasingly popular viewpoint in Canada. Example: “green cars” 3. Cities for Climate Protection Program: Have created five achievable milestones: 1)Conduct an energy and emissions inventory and forecast. 2)Establish an emissions reduction target. 3)Develop a local action plan to achieve that target. 4) Implement policies and measures. 5)Monitor and verify results (issue of who will monitor) 4. Public Good: goods provided by the government to the people 5. Second Wave of Environmentalism: Mid-to-Late 80s; Key Trends: Minimal Progress on Climate and Rainforest Protection. Global Economic Recession: Era of Severe Government Cuts. Economy is more important than Environment. Notably Ontario gets a Ministry of Environment. Key events: Love Canal, Three Mile Island, Bhopal, Chernobyl, Exxon. Key issues: acid rain, ozone, depletion, CFCs, Deforestation of Rain Forest. International Treaties: Montreal Protocol, Changing Atmosphere Conference, Kyoto Protocol. 6. R. v. Hydro-Quebec, 1997: Canadian Environmental Protection Act. Toxic Substances Provision. Traditional meaning of criminal law was expanded to save a “Regulatory Scheme”. “Protection of the environment and human life and health from any and all harmful substances by regulating these substances” 7. Splaytech v. Hudson, 2001 : Municipality of Hudson, Quebec. By-law bans cosmetic use of pesticides on public and private property. Power to act for the “General Welfare” of residents. Ban challenged by pesticide industry (law conflicts with fed/provincial regulations). SCC upheld the ban and expands municipal policymaking. By-law was consistent with the Precautionary Principle. 140+ municipalities adopt similar legislation.

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