Laws, the legal system, and the conservation and protection of the Fraser River estuary

Abstract

This paper has two objectives: first, to describe the legal framework for Fraser River estuary governance, and second, to analyze the role of laws and the legal system in the conservation and protection of the natural resources of the Fraser River estuary. For illustrative purposes, this paper will focus specifically on the factors which, from a legal perspective, govern the conservation and protection of the Pacific salmon resource in the Fraser River estuary. This paper comprises sections dealing with the constitutional framework for environmental laws in Canada, an overview of federal and provincial environmental legislation, basic common-law principles and environmental issues, First Nations and the environment, and environmental law enforcement. It concludes with thoughts for the future and the observation that further evolution in environmental law and law enforcement is required if the resources of the Fraser River estuary are going to be sustainable in the twenty-first century.