ENVS 3200 Environmental Law Midterm Study Guide

This set of flashcards covers key terms and concepts from the ENVS 3200 Environmental Law Midterm Study Guide, helping students to review essential vocabulary for their upcoming exam.

Right to a Healthy Environment

Legal amendment in Canada recognizing the right to a healthy environment, limited to matters under the Canadian Environmental Protection Act.

Precautionary Principle

A guiding principle that means preventing harm even if scientific certainty is incomplete.

Polluter Pays Principle

An environmental principle stating that polluters should bear the costs of prevention and remediation.

Non-Regression Principle

Environmental protections should not weaken over time.

Intergenerational Equity Principle

The principle that each generation must maintain environmental integrity for future generations.

Rule of Law

A core concept that no one, including government, is above the law.

Roncarelli v Duplessis

A key case affirming that government action must be lawful and not arbitrary.

Tort Law

Assigns liability for harm and aims to restore injured parties to their pre-harm position.

Trespass

Direct, intentional interference with another's land.

Nuisance

Indirect, unreasonable interference with the use/enjoyment of land.

Negligence

Failure to take reasonable care causing foreseeable harm.

Rylands v Fletcher

A case establishing strict liability for the escape of a hazardous substance.

Judicial Review

Court oversight of administrative decisions to uphold the rule of law.

Ultra Vires

Acting beyond one’s legal authority.

Mandamus

A remedy that compels a government official to perform a legal duty.

Double Aspect Doctrine

Federal and provincial jurisdictions can overlap, and both can legislate on the same issue.

Constitution Act, 1982

Includes the Charter of Rights and Freedoms.

Baker v Minister of Citizenship

A key case that established standards for procedural fairness in administrative decisions.

Standing

The legal right to initiate a lawsuit based on having a stake in the outcome.

Sipekne’katik v NS Environment

A case where lack of response opportunity to a report led to a quashed decision.

Vavilov Standard of Review

Two standards are correctness and reasonableness for judicial review of administrative decisions.