Public Lands and Resources Law in Canada

This is the first and only legal textbook that surveys key legal issues common to the regulation of all resource sectors in Canada. It provides overviews of all major public land uses and their legal regulation. The focus is on public, not private land. The book provides an historical overview and covers modern influences on resource policy including sustainable development, globalization, resource scarcity, and climate change. It looks at Crown ownership, Aboriginal rights, federalism, land use planning, dispositions, conflict resolution, expropriation, and other key legal and policy issues. It includes discussion of the future of the field in light of issues such as climate change and population growth. This book is a valuable resource for law students, lawyers, and those in the various resource industries.

Elaine L. Hughes

Elaine L Hughes is a Professor Emerita at the Faculty of Law, University of Alberta, Edmonton. Prior to joining the University of Alberta in 1989, she taught at the University of New Brunswick Law Faculty, Fredericton, and spent some time in private practice in Alberta doing civil litigation. Her degrees are a BSc (Special) in Zoology from the University of Alberta (1980), an LLB from that same university in 1984, and an LLM from the University of British Columbia in 1988. Elaine has published numerous articles on a variety of environmental and natural resource topics, and her books include The Price of Pollution: Environmental Litigation in Canada (1990) with Elizabeth Swanson, co-author, and three editions of Environmental Law and Policy (1993, 1998, and 2003) with Alastair Lucas and William Tilleman, co-editors. In addition to her work in environmental education and litigation, Elaine has interests in environmental rights, forestry, parks, marine pollution, environmental offences, pesticides, animal welfare, and ecofeminist theory. She also works on international environmental issues and has participated in a number national academic boards and committees. She retired from the Alberta Bar in 2008 and from the University of Alberta in 2014.

Arlene J. Kwasniak

Arlene J Kwasniak is a Professor Emerita at the Faculty of Law, University of Calgary, a Senior Research Fellow at the Canadian Institute of Resources Law, and an Adjunct Professor at the University of Calgary, Faculty of Environmental Design. Her degrees are a BSc from Eastern Michigan University, an MA (Philosophy) from Wayne State University, an LLB from the University of Alberta, and an LLM from Lewis and Clark, Northwestern School of Law. Prior to joining the University of Calgary in 2003, Arlene’s law practice was with the Environmental Law Centre (Edmonton, Alberta) for eleven years, the last two as executive director. Arlene’s primary teaching and research areas are water law, public lands and resources law, municipal law, economic instruments for land conservation, interjurisdictional and watershed management, and in general, the role of law in promoting and effecting sustainability. Arlene has published numerous articles and reports, and her books include Alberta Public Range and Law and Policy (1991), A Conservation Easement Guide to Alberta (1997), Reconciling Ecosystem and Political Borders: A Legal Map (1998), Alberta Wetlands: A Law and Policy Guide (2001), and A Legal Guide to Non-Private Lands in Alberta (2015). Arlene was the recipient of the Law Society of Alberta and Canadian Bar Association 2013 Distinguished Service Award for Legal Scholarship. She was the recipient of the Howard Tidswell Memorial Award for Teaching Excellence for the 2010–11 academic year. In 2015, the University of Calgary awarded Arlene the Sustainability Award for outstanding Teaching Leadership in advancing the University of Calgary sustainability commitment. Arlene has served as a member or director of numerous non-governmental organizations and has served on advisory committees for all levels of government: federal, provincial, and municipal. She is a member of the Alberta Bar.

Alastair R. Lucas

Alastair R Lucas, QC, is a Professor at the Faculty of Law, University of Calgary. Prior to joining the Faculty in 1976 as a founding member, he was at the Faculty of Law, University of British Columbia. He has served as executive director of the Faculty’s Canadian Institute of Resources Law as Associate Dean (Research and Graduate Studies) and as Dean of the Faculty from 2006–11. He is also an Adjunct Professor at the University of Calgary Faculty of Environmental Design and teaches environmental law at the Faculty of Law, Thompson Rivers University. He holds a BA and an LLB from the University of Alberta and an LLM from the University of British Columbia. Al has published widely, with a concentration on regulatory issues related to energy and environmental law, oil and gas law, constitutional law, and judicial review. Recent books include An Introduction to Environmental Law and Policy in Canada, 2d ed (2015) with Robert Gibson, Paul Muldoon, Peter Pickfield, and Julie Williams and Canadian Environmental Law, 2d ed (2013) (loose-leaf) with Roger Cotton. He has been a consultant and policy advisor to several government departments and held numerous professional appointments. These include Trustee of the Rocky Mountain Mineral Law Foundation, Special Legal Advisor to the North American Commission for Environmental Cooperation, and member (and Chair) of the Academic Advisory Group of the Council of the International Bar Association’s Section on Energy, Environment, Resources and Infrastructure Law (SEERIL). Al has been a member of the Alberta Bar since 1968. His awards include the Law Society of Alberta/Canadian Bar Association Distinguished Service Award for Legal Scholarship and the Rocky Mountain Mineral Law Foundation’s Clyde O Martz Award for Natural Resources Law Teaching Excellence.

Chapter Title Abstract Contributors Pages Year Price

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Introduction to legal and policy matters regarding public lands and resources. ; ; 6 $0.60

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Historical overview of how public lands and resources came into being in Canada before Confederation. ; ; 18 $1.80

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Historical overview of the development of public lands and resources at Confederation and during the subsequent expansion of the country. ; ; 25 $2.50

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Exploration of legislation, Crown ownership, Aboriginal rights, and territorial powers as sources of jurisdiction and control over public lands and resources. ; ; 36 $3.60

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Exploration of the role of government in development and exploitation of public lands and resources. ; ; 11 $1.10

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Historical review of Canadian resource development, including considerations of environmentalism, sustainable development, and globalization. ; ; 20 $2.00

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Analysis of how various policies, tools and legislation can be incorporated into public lands and resources planning and management. ; ; 27 $2.70

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Exploration of the legal character of dispositions of public lands. ; ; 21 $2.10

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Review of the process of regulatory approval for specific projects. ; ; 18 $1.80

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Review of judicial and administrative dispute resolution processes in natural resources law. ; ; 19 $1.90

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Review of challenges to Canadian natural resource managers in light of climate change and resource scarcity, and proposals for policy changes. ; ; 10 $1.00

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Exposition of facts and concepts related to public ownership of energy resources, oil and gas rights, nuclear energy, and renewable energy. ; ; 36 $3.60

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Overview of issues related to the fisheries sector, including marine mammals, inland fisheries, and aquaculture for recreational and commercial purposes. ; ; 14 $1.40

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Overview of issues related to national and provincial parks and protected areas. ; ; 20 $2.00

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Overview of issues related to wildlife management. ; ; 20 $2.00

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Overview of issues related to environmentally and socially significant natural features or areas, and areas significant to cultural heritage. ; ; 8 $0.80

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Overview of issues related to the management of forests other than in parks and protected areas. ; ; 29 $2.90

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Overview of issues related to ownership and management of water resources. ; ; 26 $2.60

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Overview of issues related to resource management of naturally occurring minerals that are mined. ; ; 12 $1.20