Canadian Judiciary and Legislator and Obligations of the International Environmental Laws

Canadian Judiciary and Legislator and Obligations of the International Environmental Laws
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Canada and Obligations of the International Environmental Laws
International laws represent a legal system based on Canada's legal obligations and relationships with other countries. As far as international environmental laws are concerned, implementing the treaties and agreements based on local legislation has been positive. However, the direct implementation of these laws has not been steady because of the complex plan of action required to implement these laws. Nevertheless, despite active statutory implementation, the ways of implementing these laws and the sources that are consulted before the implementation are highly variable (Saunders, 2012). However, Canadian courts actively rely on international laws as a source for the interpretation and implementation of domestic environment laws (Ingleson, 2019). Therefore, it is safe to consider that Canada does, to a considerable extent, conform to International Environment Law both at legislation and court levels, although courts' role is not as instrumental as that of the legislature.
Discussion
Careful study of the track record of environmental legislation in Canada verifies that the Canadian legislator has actively respected and incorporated international environmental laws and treaties in domestic environmental legislation. For instance, the legislation of Part VII, Division 3 of the Canadian Environmental Protection Act of 1999 has successfully incorporated and implemented the international treaty named Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter formulated in 1972. In the same way, to implement the Montreal Protocol for the curb on the release of chemicals causing harm to the Ozone Layer, in 1998, the Canadian LegislatorLegislator formulated and implemented a law named Ozone-Depleting Substances Regulations.
Moreover, in 1994, the Canadian government passed a statutory law named The Migratory Birds Convention Act; this law was formulated to implement a treaty between the United States and Canada, namely: Convention for the Protection of Migratory Birds in Canada and the United States (Saunders, 2012). All these legislations and acts, formulated and implemented by the Canadian legislator, reflect that in the case of environment laws, the Canadian government invariably relies on several departments, personnel, and consultants. This fact reinforces the notion of solid commitment and dedication of the government towards protecting the environment, natural resources, and biodiversity.
Two specific examples in this regard are of significant value to understanding the working dynamics of the Canadian LegislatorLegislator. First, when Canadian LegislatorLegislator implemented the Species At Risk Act (SARA) to endorse Canada's commitment to implementing the Convention of Biological Diversity formulated in 1992, the act did not expressly incorporate the Convention's recommendations. Instead, the act mentioned the Convention only in the introduction to signify Canada's obligation and commitment to the Convention. On the other ha...