Coherent Identifier About this item: 20.500.12592/t1w0x7

A question of parliamentary power

2008

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The author concludes that the proposals of the Government of Canada for the Rigorous external review regulation of greenhouse gas emissions in the Regulatory Framework paper are likely of every major policy study, to be upheld as constitutional exercises of the federal criminal-law power. [...] In the paper I emphasize Parliament’s criminal-law power, because that is the constitutional basis for The Kyoto Accord the current Canadian Environmental Protection Act, 1999 (CEPA).3 The Regulatory Framework proposals The Kyoto Accord of 19975 is an international will likely take the form of amendments to that treaty that sets specific targets for the reduction of 6 Act, regulations made under t [...] Ever since Canada signed the Kyoto Accord, one The probable reason for that omission was that thing the government of Canada has done is to the case was decided in 1988, and it was not until spend money on the promotion of voluntary 1997 that it became clear (from the decision in initiatives and monetary incentives for green Hydro-Québec) that the protection of the environ- renovations, green tech [...] But the Privy Council criminal purpose.16 And, if one thinks of the held that the “pith and substance” of the new law Criminal Code for example, it is true that a was the establishment of licensing authority in the criminal law ordinarily consists of a direct minister and, accordingly, struck down the law as prohibition of harmful conduct that is to be self- an unconstitutional attempt to do indir [...] The law is “administered” After appeals to the Privy Council ended in by law enforcement officials and courts of 1949, the distinction between regulation and criminal jurisdiction only in the sense that they criminal law did not seem as clear cut to the bring to bear the machinery of punishment judges of the Supreme Court of Canada as it had (investigation, charge, prosecution, trial, penalty) see

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environment climate change government politics air pollution environmental law greenhouse gas emissions greenhouse gases crime government information justice labour law greenhouse gas mitigation emissions trading kyoto protocol parliament carbon tax cap-and-trade court judiciary constitution (law) criminal code the kyoto protocol constitution act, 1867 offenses against the environment liability for environmental damages canadian federalism the supreme court kyoto accord emissions credits peace, order, and good government judicial committee of the privy council

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