Annotated Bibliography of Western Canadian Water Law

 

Constitutional Law

Environment Canada. Federal Water Policy (1987) online: http://www.ec.gc.ca/water/en/info/pubs/fedpol/e_fedpol.pdf

    This federal policy document identifies five strategies that will help the federal government achieve its overall objective of encouraging efficient and economical freshwater use: realistic water pricing, science leadership, integrated planning, legislation and public awareness.  The policy also includes twenty-five specific policy statements, including Water Quality Management, Flooding, Climate Change, Interbasin Transfers and Management of Toxic Chemicals.  The policy also includes a brief summary of the constitutional aspects of water policy in Appendix A. 

BM

Kwasniak, Arlene, Alberta’s Wetlands: A Law and Policy Guide. (Edmonton: Environmental Law Centre and North American Waterfowl Management Plan, 2001).

            Written for a layperson, this guide provides advice for wetland managers.  The guide is divided into three sections.  In the first section Kwasniak provides an overview of legal issues (common law, statutes, jurisdiction) that can affect wetlands.  The second section describes how these principles can impact on wetlands.  Finally, in the third section Kwasniak provides a list of recommendations to clarify uncertainties she encountered in her research.  The guide also includes an appendix, which considers the costs and benefits of the various legal tools available to protect wetlands. 

            The first section (“the primer”) contains seven sections that provide an overview for laypersons.  The divisions consist of: Constitutional Matters; Sources of Law; Property Rights and Wetlands; Resource Acquisition, Exploration, and Development; Statutory Authorizations; Environmental Assessment; and Municipalities and Wetlands. 

            The second section (“the chapters”) contains thirteen chapters applying the law identified in the primer to wetlands.  The chapters deal with both Federal and Provincial legislation, and common law rights (such as riparian rights).  Each chapter describes the application of the right or issue, and then provides advice to wetland managers how this could apply to wetland conservation. 

            The recommendations section is a compilation of the recommendations found throughout the first two sections.  It is a fairly short section, dealing with specific recommendations for specific changes. 

Winterbourne, Katie Jane. Constitutional and International Trade Law Challenges to Provincial Regulation of Water Exports. (LLM, University of Calgary Law, 2002) [Unpublished?] 245 pp.

      This thesis examines provincial water legislation to determine the effect of water export regulation and prohibition.  This thesis focuses on the legislation of Ontario, Newfoundland, Alberta and British Columbia.  Each province takes a slightly different approach with respect to water export regulation  For example, Ontario restricts transfers across hydrological boundaries, while Newfoundland restricts transfer across political boundaries.  The thesis focuses on potential challenges under the Canadian constitutional division of powers, and under international trade agreements.  For example, the thesis looks at the federal trade and commerce, criminal and peace, order and good government powers, as well as potential obligations under GATT and NAFTA.  This thesis is insightful with respect to potential weaknesses in the provincial legislation

BM