Consolidated as of April 17, 1982.

The controversy aroused by the Supreme Court's decision on offshore mineral rights emphsizes the importance of the public domain in the workings of the Canadian constitution. Public property is important to the provinces not only for its revenues, but also because it provides them with a powerful instrument for control of their economic and political destinies and strengthens their position in relation to federal authorities. The provisions of the British North America Act and other constitutional instruments relating to natural resources and public property are examined thoroughly in this series of lectures given to doctoral systems at the Faulte de droit of the Universite de Montreal. Professor La Forest studies ownership of mines and minerals, navigable waters, public harbours, fisheries and Indian lands, as well as the currently controversial offshore mineral rights. He notes the political imlications of the partition of proprietary rights and explores the areas of conflict between the federal and provincial governments. Also included is a discussion of the power of expropriation, and, because public property involves public monies, lending and spending powers receive attention. In these lectures, Professor La Forest traces public domain in Britain from the time when the monarch controlled all the land, to his surrender of this control to parliament in return for a civil list, and to the similar surrender to the legislatures of the British North American colonies in connection with the struggle of responsible government. The collection of lectures is essential reading for any serious student of the constitution and will be very useful to all who are interested in the increasingly important law of natural resources in Canada.

The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.

Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.

A comprehensive and systematic guide to environmental rights and their relationship with standards of protection globally, nationally and locally.

Canada has abundant natural wealth -- beautiful landscapes, vast forests, and thousands of rivers and lakes. The land defines Canadians as a people, yet the country has one of the worst environmental records in the industrialized world. Building on his previous book, The Environmental Rights Revolution (2012), David R. Boyd, one of Canada’s leading environmental lawyers, describes how recognizing the constitutional right to a healthy environment could have a transformative impact by empowering citizens, holding governments and industry accountable, and improving Canada’s green record. The overwhelming majority of the world’s nations now recognize environmental rights through laws, constitutions, treaties, or court decisions. Boyd explores Canada’s history of failed efforts to do the same within this international context and offers three pathways to constitutional recognition of the right to a healthy environment. This important and provocative book provides a blueprint for renewed leadership in protecting human health, the well-being of the planet, and the interests of future generations.