How Environmental Tribunals Contribute to Important Advances in Environmental Laws

This article offers an analysis of how environmental tribunals contribute to important advances in environmental laws. The article compares the legislative and adjudicative administrative processes and examines decisions from environmental tribunals and courts in Canada. The author also reviews developments in environmental protection legislation since the 1970s. Consideration is also given to whether environmental laws are better framed on a model of comprehensive rationality or an incrementalist approach. The article concludes such tribunals make significant contributions to environmental laws by articulating emerging principles of environmental law. In doing so, the author examines the legislative underpinning and characteristics of tribunals which enable them to articulate such principles, namely that the statute express as its purpose protection of the environment. Also, the tribunal should have expertise in environmental matters, permit participation by third parties in the proceedings, be independent and be accountable through providing written reasons and the mechanism of judicial review.MAS