Canada's Proposed Crimes Legislation on against the Environment

Abstract

The Canadian Law Reform Commission has explored the possible use of Canada's Criminal Code to ensure the right to health and safety of the individual and to protect the environment. The Commission has recommended that a new and distinct offense called crimes against the environment should be added to the Criminal Code. The Commission acknowledges that other existing and evolving legal and administrative approaches, controls, and incentives, especially those focusing on prevention and compliance, will do much more to limit pollution than will recourse to the Criminal Code. However, in its view, certain types of conduct so seriously harm or endanger human life, health and the environment that they must be characterized as crimes and punished as such. The recommendations have raised fundamental questions of law and policy that must be addressed by the Department of Justice.