The Unwritten Constitutional Principle of Ecological Sustainability: A solution to the pipelines puzzle?

This Article explores whether recognizing an obligation of ecological sustainability as an unwritten constitutional principle (UCP) would assist government decision-makers and courts in addressing the many competing imperatives raised by the problem of petroleum pipelines. I argue that if the rule of law is the foundation of our society, then ecological sustainability is the bedrock on which it stands. Moreover, an ecological UCP would assist courts hearing pipeline-related disputes in interpreting environmental legislation, supervising the discretionary decisions of environmental regulators, adjudicating environmental claims under the Charter, and/or determining environmental powers under sections 91 and 92 of the Constitution Act, 1867. In particular, the UCP of ecological sustainability strongly militates in favour of upholding environmental legislation where there is even a slight jurisdictional toe-hold for the relevant level of government. The Article will also contrast how a sustainability analysis of pipelines differs from one grounded in the right to a healthy environment – the other major avenue for constitutional environmental protection. The Article concludes that while the right to a healthy environment arguably does not clearly resolve the pipeline puzzle (since such a right could equally be violated by alternative methods of transporting petroleum products, notably train transport), an unwritten constitutional principle of ecological sustainability points clearly to the need to divest from fossil fuel infrastructure and aggressively invest in renewables

Material Contribution to Risk in the Canadian Law of Toxic Torts

Causation is acknowledged as the single biggest hurdle to recovery for plaintiffs in toxic tort actions in Canada (and elsewhere). Scientific uncertainty involving questions of both generic and specific causation has frequently precluded recovery for plaintiffs even where defendants have negligently exposed them to toxic risk. Three types of uncertainty have been identified: plaintiff indeterminacy (where we know that the defendant has harmed some proportion of a particular population but no individual can prove causation); defendant indeterminacy (where we know that a group of defendants has harmed a particular plaintiff or plaintiffs but each can escape liability by pointing the finger at the other); and indeterminacy of harm (where plaintiffs have been exposed to a risk that may or may not materialize in the future). In Canada, there is no recovery for risk exposure, unless it produces a measurable psychiatric harm. The problem of plaintiff indeterminacy remains, with a resulting under-deterrence of toxic harms and under-compensation of injured plaintiffs. The Supreme Court of Canada has, however, solved the problem of defendant indeterminacy for Canadian plaintiffs. Taking inspiration from both United Kingdom and American theories of collective liability, the Court, in Clements v. Clements, adopted a uniquely Canadian test for material contribution to risk as a proxy for proof of causation. This article argues that the Clements test is a promising start for causation reform in Canada but does not go far enough towards incentivizing information disclosure and precaution in the manufacture and dissemination of chemical products and pollution

Material Contribution to Risk in the Canadian Law of Toxic Torts

Causation is acknowledged as the single biggest hurdle to recovery for plaintiffs in toxic tort actions in Canada (and elsewhere). Scientific uncertainty involving questions of both generic and specific causation has frequently precluded recovery for plaintiffs even where defendants have negligently exposed them to toxic risk. Three types of uncertainty have been identified: plaintiff indeterminacy (where we know that the defendant has harmed some proportion of a particular population but no individual can prove causation); defendant indeterminacy (where we know that a group of defendants has harmed a particular plaintiff or plaintiffs but each can escape liability by pointing the finger at the other); and indeterminacy of harm (where plaintiffs have been exposed to a risk that may or may not materialize in the future). In Canada, there is no recovery for risk exposure, unless it produces a measurable psychiatric harm. The problem of plaintiff indeterminacy remains, with a resulting under-deterrence of toxic harms and under-compensation of injured plaintiffs. The Supreme Court of Canada has, however, solved the problem of defendant indeterminacy for Canadian plaintiffs. Taking inspiration from both United Kingdom and American theories of collective liability, the Court, in Clements v. Clements, adopted a uniquely Canadian test for material contribution to risk as a proxy for proof of causation. This article argues that the Clements test is a promising start for causation reform in Canada but does not go far enough towards incentivizing information disclosure and precaution in the manufacture and dissemination of chemical products and pollution

Revisiting the Doctrine of Intergenerational Equity in Global Environmental Governance

In the absence of binding international enforcement mechanisms, global environmental governance must rely on a legal framework that has widespread normative force around the world. In addition, such a framework should be sufficiently detailed and pragmatic to allow for effective implementation, should achieve the goal of environmental protection, and should be reasonable in terms of the level of sacrifice expected of the present generation, particularly in the developing world. Itis arguedthat the comprehensive doctrine ofintergenerational equity is an effective and appropriate legal framework for global environmental governance. The doctrine ofintergenerational equityposits thepresent generation of humans as simultaneously beneficiaries of the planetary legacy handed down from past generations, and trustees of that legacy for the future. The doctrine integrates the language of rights and responsibility and incorporates viable implementation mechanisms. As a result, the doctrine of intergenerational equity is superior to the presently hegemonic paradigm of sustainable development. The author concludes that the international community should adopt the doctrine of intergenerational equityas a framework for global environmental governance

Material Contribution to Justice - Toxic Causation after Resurfice Corp. v. Hanke

The vast universe of chemicals in the Canadian environment is presently understood only poorly by science. For many thousands of chemicals, important data regarding chronic toxicity are lacking. As a result, the requirement that the plaintiff in a negligence action prove causation of illness on a but-for standard has frequently been unattainable. In Resurfice Corp. v. Hanke, the Supreme Court of Canada articulated an important exception to the but-for test. In circumstances where but-for causation is unprovable due to limits in scientific knowledge, proof that a defendant materially contributed to the plaintiff\u27s risk of incurring the type of injury that was ultimately suffered will satisfy the causation element. This reform is an important first step in the evolution of a tort regime that is capable of doing justice in the chemical era

The psycho-social impact of contralateral risk reducing mastectomy (CRRM) on women: a rapid review

Objectives: For women who have been diagnosed with unilateral breast cancer there is an increasing trend for them to request removal of the contralateral healthy breast, so called contralateral risk reducing mastectomy (CRRM). The current literature is only just beginning to identify patient-reported reasons for undergoing CRRM and associated patient reported outcomes. It is also unclear whether women at moderate/high risk of developing a subsequent primary contralateral breast cancer report similar outcomes to those considered to be at low/average risk. This lack of knowledge provides the rationale for this review. Methods: A rapid review methodology was undertaken to identify and explore the published research literature focused on the longer term (>5 years) psychosocial impacts on women who undergo CRRM. Results: 15 studies were identified. No UK studies were identified. High satisfaction and psychosocial wellbeing was consistently reported across all studies. Reducing the risk of a subsequent CBC and therefore reducing cancer related anxiety, and satisfaction with cosmesis, were key themes running across all studies explaining satisfaction. Dissatisfaction was associated with adverse effects such as poor cosmesis, body image changes, femininity, sexual relationships, re-operations for acute and longer term complications and reconstructive problems Conclusions: Satisfaction and psychological wellbeing following CRRM was consistently high across all studies. However, the findings suggest women need to be more fully informed of the risks and benefits of CRRM and/or immediate/delayed reconstruction in order to support informed decision making

Quality of life versus length of life considerations in cancer patients: a systematic literature review

BACKGROUND:Patients with cancer face difficult decisions regarding treatment and the possibility of trading quality of life (QoL) for length of life (LoL). Little information is available regarding patients' preferences and attitudes towards their cancer treatment and the personal costs they are prepared to exchange to extend their life. The aim of this review is to determine the complex trade-offs and underpinning factors that make patients with cancer choose quality over quantity of life. METHODS:A systematic review of the literature was conducted using MeSH terms: cancer, longevity or length of life, quality of life, decision-making, trade off and health utility. Articles retrieved were published between 1942 to October 2018. RESULTS:Out of 4393 articles, 30 were included in this review. Older age, which may be linked to declining physical status, was associated with a preference for QoL over LoL. Younger patients were more likely to undergo aggressive treatment to increase survival years. Preference for QoL and LoL was not influenced by gender, education, religion, having children, marital status or type of cancer. Patients with better health valued LoL and inversely those with poorer physical status preferred QoL. CONCLUSION:Baseline QoL and future expectations of life seem to be key determinants of preference for QoL versus LoL in cancer patients. In-depth studies are required to understand these trade-offs and the compromises patients are willing to make regarding QoL or LoL, especially in older patients with naturally limited life expectancy

Evaluating and Optimizing Fish Health and Welfare During Experimental Procedures.

This is the final version of the article. It first appeared from Mary Ann Liebert, Inc. via http://dx.doi.org/10.1089/zeb.2015.1165Many facilities house fish in separate static containers post-procedure, for example, while awaiting genotyping results. This ensures fish can be easily identified, but it does not allow for provision of continuous filtered water or diet. At the Wellcome Trust Sanger Institute, concern over the housing conditions led to the development of an individual housing system (GeneS) enabling feeding and water filtration. Trials to compare the water quality measures between the various systems found that fish housed in static containers experienced rapid deterioration in water quality. By day 1, measures of ammonia were outside the Institute's prescribed values and continued to rise until it was 25-fold higher than recommended levels. Nitrite levels were also outside recommended levels for all fish by day 9 and were twofold higher by the end of the trial. The water quality measures for tanks held on the recirculating system were stable even though food was provided. These results indicate that for housing zebrafish, running water or appropriately timed water changes are a critical component to ensure that the ethical obligations are met.We thank the staff from the Sanger Institute's Research Support Facility, Zebrafish Mutation Project, and Jacqui White for their support. This work was supported by the Wellcome Trust grant number 098051

L'Estuaire (65)

Éditorial: La relance de la revue de l'Estuaire: 15 ans déjà! -- Le chemin de fer et le tourisme au Bas-Saint-Laurent -- Les dames Drapeau -- Histoire oubliée: Une étrange odyssée...des Madelinots s'établissent sur l'Île Nepawa (Abitibi) en 1941 -- Étude démographique de la population de Rimouski 1701-1750 -- Sur la piste des forêts du passé -- Mgr Courchesne: la récupération des forêts pour la colonisation -- Joseph-Pierre Ouellet, 2e architecte de l'église de Trois-Pistoles -- La seigneurie de l'Anse-aux-Coques ou de Lepage-Thivierge -- Nouvelles brèves -- Livres à lir