NCJ Number
99905
Date Published
1985
Length
81 pages
Annotation
This Canadian Law Reform Commission preliminary report on environmental offenses recommends that a new and specific offense against the environment be added to Canada's Criminal Code.
Abstract
The commission argues that although most pollution offenses can be addressed under the existing regulatory system, criminal sanctions should be applied against offenders who endanger life and health by intentional, negligent, and reckless acts or omissions. This criminalization of heinous environmental offenses is based on the commission's view that such offenses contravene fundamental societal values, namely, a safe environment, the sanctity of life, the protection of health, quality of life, and stewardship of the natural environment. The proposed law would encompass only those environmental offenses seriously harmful to human life and health. Examples are releases of toxic substances well beyond established limits. The prosecution of such crimes would be subject to the ordinary rules of criminal procedure. The new law is proposed in the belief that the prosecution of polluters under the existing Criminal Code has been ineffective because the laws used are based on concepts of private property rather than damage to the public interest. The commission advocates the use of juries in deciding cases under the new environmental law. The commission examines environmental laws in the United States, Germany, Japan, and Europe. The appendixes contain a list of relevant commission papers and a partial list of those consulted.