Monday, September 7, 2015







Legal Context of Environmental Issues
ENV3101 A
Nelson Dordelly-Rosales, LL.D/Ph.D 
Fall, 2015



COURSE OUTLINE


Class schedule:                               Course start date:  09/08/2015 to 12/31/2015
                                                         Time:   Mardi/Tuesday 13:00 - 14:30
                                                                     Jeudi/Thursday  11:30 - 13:00

Professor’s office hours:              Fridays 14.00-16:00
E-mail:                                          ndordell@uottawa.ca

COURSE DESCRIPTION

    This course will provide an overview of the environmental legal framework in Canada with reference to its legislation, principles, case studies and jurisprudence. This course examines broad themes in several distinct areas of environmental issues, including the regulatory regime, the protection of environmental rights, challenges and policies in the environmental assessment process and the international framework. The course includes critical and integrated analyses of different key case studies, video presentations, and group discussions in order to cover both the theory and practice.  


GENERAL COURSE OBJECTIVES

   The purpose of this course is to introduce students to the legal system and regulatory policies governing the environment and natural resources in Canada. The course will begin by looking at the basic concepts, issues, challenges, and debates related to the study of environmental law. This includes the domestic legal institutions and frameworks, as well as the main legal approaches embedded in case studies, while providing students with some analytical tools that will expand and enhance their understanding in this field of study. While this course will give students a thorough grounding in the theories, institutions, structures and rules of environmental law, it is an introductory course and does not aim to cover the full breadth of issues that arise in environmental law, or cover any topic in full depth. 
SPECIFIC COURSE OBJECTIVES
  
By the end of the course, students will be able to describe the main components of the regulatory system that governs the environment in the Canadian Legal System and will be able to:
  1. Explore the role of environmental law in the Canadian legal system.
  2. Identify, summarize, and evaluate the fundamental questions and debates related to the legal issues concerning environmental problems.
  3. Examine the conceptual and empirical tools available to frame discussions of complex issues related to environmental matters in the contemporary world.
  4. Carry out a critical and integrated analysis of different key case studies.
  5. Describe different mechanisms (norms, entities, institutions, etc) that are necessary to further the aims of environmental law.
  6. Examine theories and legal approaches to environment case law and apply these to a wide range of problems arising in the field of environmental regulations.
  7. Design creative strategies based on the different legal instruments and tools available to find solutions for environmental issues. 
  8. Appreciate the role and function of environmental regulatory and assessment laws.


Teaching methods

The class begins with a presentation of theoretical aspects of the weekly subject matter, is enhanced with animated discussions and follows with a case study depicting real life situations. Much of the intellectual value of this course arises from discussion in class, analysis of different case studies, video presentations, and group comments. The goal is to create a comfortable and energetic forum for intellectually creative exchange from which we all learn. Students are encouraged to participate through discussions, debates, exercises, presentations, and group work. Students will gain a deeper understanding of major aspects of environmental law and develop their abilities to think and write critically about environmental issues.


ASSESSMENT METHODS

Three assessment methods will be used to assess students’ achievements: 1) Attendance, in-class participation and engagement; 2) research assignment/Case study; 3) Final take-home exam. All reading lists and documents will be available on the university’s virtual campus, while most case studies will be available online or at the docUcentre for a small fee. The Professor will also provide a few printed handouts.

1)     Attendance and in-class participation/engagement (individual grade):
       . Class attendance is necessary to be successful in this course.
       . Participation will include a summary/commentary in class of selected reading materials chosen by the student. Students should come prepared for class and participate in class. The Professor expects the class to actively participate in discussions and make comments on reading materials & bibliography, respond to questions, be able to work together and do collaborative practical activities in class (i.e. UN simulation)
       . One written summary should be sent by email ndordell@uottawa.ca. Due date: September 29, 2015.
       . 20% of the final grade.
2)   Research Paper Assignment (Case Brief): Individual grade -Carry out critical and integrated analysis of a selected environment case study or legal case chosen by the student. Students will choose an issue or subject and will then select a legal case covering the same subject and examine/discuss how the issue or subject has been treated nationally or internationally.  
     . Oral: 5 minutes student presentation
     .Written Paper: Only printed copies will be accepted. Maximum 10 pages (12-point, double spaced).
       . Due date: Students should hand in written papers the same day of his/her oral presentation. Date TBD  Due date: October 6th to November 26, 2015.
 . 40% of the final grade

          The course includes critical and integrated analysis of different key case studies[1] and group discussions in order to cover both the theory and practice. This course examines broad themes in several distinct areas of environmental issues, including the regulatory regime, the protection of environmental rights, challenges and policies in the environmental assessment process and the international framework. 
          Case law provides analytical tools that will expand and enhance students’ understanding in this field of study. Case briefs are a necessary study aid for the course that serves to help students understand how the law deals with the environment. In short, case analysis will help students to analyze the mass of material that they must digest in this course.  In addition to its function as a tool for self-instruction and referencing, case briefs also provide a valuable source for class participation.
        Students will research, summarize, and evaluate issues regarding environmental law. The following elements of must be examined:
        (a) Statement of the Issue or Issues (what is in dispute)
        (b) The Law – Holding (the applied rule of law)
        (c) Fact Situation – Factual Background (name of the case and its parties, what happened factually and procedurally, and the judgment)
       (d)            Application of the law to the fact situation and statement of the outcome: Outcome of the Case and Rationale (reasons for the holding)   
       (e) Dicta (commentary about the decision that was not the basis for the decision) – Other possible outcomes of the case and why the specific fact situation may lead to these other outcomes.
        (f)            Dissent (if a valuable dissenting opinion exists, the dissent’s opinion) and you may also want to consider including: The Parties’ Arguments (each party’s opposing argument concerning the ultimate issue).
        (g) Comments (personal commentary)   Analysis/Opinions on the fundamental legal nature of the conflict, human rights issue(s) involved and what the law should be (one opinion).  Discuss the role and function of international law in the world today. Identify, summarize, and evaluate the fundamental questions and debates relating to the legal issue(s) and different mechanisms (norms, entities, institutions, etc) that are necessary to further the aims of international law. 
    Note: Students should come prepared for class and participate in class.





3) Take-home Exam (individual grade): December 1st, 2015.
       . Maximum: 10 pages (12-point, double-spaced)
       . Only printed copies will be accepted
       . Due date:  December 8th, 2015.
       . 40% of the final grade

      . Specific Questions and Instructions for Final Take Home Exam will be provided by the Professor on December 1st, 2015.  Due date: December 8th, 2015
       In order to appreciate the role and function of Environmental Law, students will develop their own perspective on the multi-faceted nature of this field to apply leading principles, concepts and theories relevant to environmental issues.  Students will  undertake a strategic and methodological approach to understanding and researching an environmental law problem by drafting an innovative policy or piece of legislation within the common law principles in the matter of environmental protection, (compliance, enforcement and liability for harming the environment), environmental rights, public participation, the role of the corporation, and environmental assessment