Unnatural Law: Rethinking Canadian Environmental Law and Policy
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Unnatural Law has three purposes: to provide an accurate assessment of the effectiveness of Canadian environmental laws and policies; to examine the reasons for Canada's progress (or lack thereof) in untangling the Gordian knot of environmental challenges; and perhaps most important, to provide some constructive guidance on the changes to laws and policies needed for Canada to become a global leader in the quest for a sustainable future.

Accordingly, the book has three parts--an examination, a diagnosis, and a prescription--like the three stages a doctor goes through when a patient comes in for a check-up.

Part One, the examination, begins with an assessment of Canada's overall environmental record and identifies a gap between Canadian values and Canadian actions on a range of key environmental issues. Part One then examines the Canadian laws and policies, both federal and provincial, that are intended to protect water, air, land, and biodiversity. A concerted effort is made to go beyond analyzing the strengths and weaknesses of laws and policies on paper, to explore the vital question of on-the-ground effectiveness. Too often, environmental laws are viewed in an analytical vacuum, without reference to consequences in the real world. Are Canadian governments creating effective environmental laws and policies? Are these laws and policies being implemented and enforced? Are health and environmental objectives being met? The balance of evidence will show that despite a handful of success stories, Canada's overall performance is poorer than that of other industrialized nations.

Part Two, the diagnosis, analyzes the reasons for Canada's mixed environmental record. Why do some environmental laws and policies result in significant improvements while others fail to produce progress? What are the obstacles to improving Canada's environmental laws and policies, and more important, improving Canada's environmental performance? Part Two concludes with a discussion of the critical, yet often unacknowledged, importance of addressing the root causes of environmental degradation.

Because of the overwhelming evidence that current legal approaches are inadequate for achieving sustainability, Part Three, the prescription, offers new directions for Canadian laws and policies. Part Three also outlines a range of practical solutions for addressing the excessive consumption of resources and energy that is at the heart of Canada's environmental problems. How can Canada apply the lessons from its environmental successes to its unresolved problems? How can Canada adapt the approaches that have led to superior progress toward sustainability in other northern industrialized nations? How can Canada redesign its laws and policies to reflect, respect, and incorporate the laws of nature? How can we reduce consumption while continuing to improve our quality of life?

It would be presumptuous to suggest that this book provides a complete blueprint of how Canada can achieve a sustainable future. The challenges we face are so formidable that American author Kai Lee argues that "sustainability is not a condition likely to be attained on earth as we know it. Rather it is more like freedom and justice, a direction in which we strive." On the contrary, sustainability is more than a lofty ideal or a direction in which we strive; it is an ecological, social, and economic imperative. The very survival of humanity depends on achieving sustainability, and changes to laws and policies will play a crucial role in determining whether our efforts are successful.

Read the first chapter...

 
  Sustainability Within a Generation: A new vision for Canada ...more
 
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--j About the Author
David R. Boyd is an environmental lawyer, professor and former executive director of the Sierra Legal Defence Fund ...more
   
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