Alberta

Environmental Sentencing Policy in Alberta: A Critical Review

Chilenye Nwapi

Abstract

This paper reviews the sentencing policy in environmental cases in Alberta, Canada with a view to identifying the underlying theoretical justifications, the prevailing sentencing options and the principles governing their application, and the factors that influence environmental sentencing generally in Alberta. The ultimate goal is to assess the application of the sentencing principles and factors to determine their usefulness and potential effectiveness. After analyzing the legal nature of environmental offences, the paper proceeds to analyze the theories informing environmental sentencing in Alberta. This is followed by a discussion of the available environmental sentencing options in Alberta and lastly by an analysis of the factors considered in the application of those options. A major conclusion of this paper is that there appears to be a deliberate policy towards increased fines – both traditional fines (fines simpliciter) and non-traditional fines (such as fines imposed in the nature of creative sentencing). This policy reflects increasing awareness in Alberta of the need to toughen up on environmental criminals.

Keywords: Environmental sentencing, Creative sentencing, Alberta

Planning for the Future: The Creation of New Corridors for Energy Infrastructure in Alberta, Canada

 Chilenye Nwapi

Abstract

This paper examines two strategic land-use planning statutes created by the Government of the province of Alberta, Canada to address energy infrastructure and environmental challenges: the Alberta Land Stewardship Act (ALSA) and the Land Assembly Project Area Act (LAPAA). ALSA incorporates an ecosystem management approach for land and resource management and mandates the creation of "integrated planning regions" and the development of plans that reflect regional differences in available renewable and non-renewable resources. LAPAA is intended to facilitate the creation of corridors for major energy infrastructure projects by empowering the Lieutenant Governor in Council to designate land in advance for future projects and to impose restrictions on the use of the designated land by the landowner. What are the short and long term implications of such restrictions for landowners? This article analyzes the two acts and considers laws from other jurisdictions to provide perspectives on how other jurisdictions are managing the challenges of building new energy infrastructure.

Keywords: Energy corridors, land use planning, property rights, public consultation, Alberta