Insight

[Penal, administrative or prescriptive sanctions: in the environment, diligence tastes better!] TRANSLATED FROM FRENCH

[Penal, administrative or prescriptive sanctions: in the environment, diligence tastes better!] TRANSLATED FROM FRENCH

Christine D. Duchaine

Christine D. Duchaine

September 6, 2019 09:47 AM

Sanctions pénales, administratives ou ordonnances : en environnement, la diligence a bien meilleur goût !

Christine Duchaine & Nicolas Dubé

Cabinet Juridique Sodavex

2013

1. INTRODUCTION

Au cours du dernier siècle, la population canadienne a pris conscience de l'importance de préserver la qualité de notre environnement afin de maintenir notre qualité de vie, notre santé et d'assurer la pérennité de nos ressources naturelles. L'évidence de la précarité de l'environnement et de ses ressources s'est imposée, tout comme celle de modifier nos habitudes de vie à tous les niveaux pour éviter de l'altérer davantage.

Cela s'est traduit par une législation environnementale qui encadre la plupart des diverses sphères de l'activité humaine. Afin d'en assurer le respect, le législateur a assorti ces obligations de conséquences pénales, administratives et civiles, dans l'éventualité où elles seraient violées.

Ces mesures se distinguent toutefois grandement des infractions criminelles, de par l'objectif qu'elles visent. Alors que le droit criminel vise à punir une personne pour un geste répréhensible qu'elle a commis, le droit pénal et administratif a plutôt comme objectif d'inciter les personnes à faire preuve de diligence afin de respecter les obligations légales et de s'assurer que la loi sera respectée dans le futur en cas de violation, en dissuadant la récidive.

Pour en lire davantage, cliquez ici.

Related Articles

Tampa 2022 "Lawyer of the Year"


by Best Lawyers

George F. Gramling III is honored as 2022 "Lawyer of the Year" in Environmental Law for Tampa.

Tampa 2022 "Lawyer of the Year"

A Climate Duty


by Lara Douvartzidis and Samantha Daly

Converging trends in Australia and the Netherlands: reasonable foreseeability in climate change law and other novel developments.

Climate Change Law in Australia

The Great Debate Between Agriculture, Mining and Environment


by Rebecca Hoare

Can we really have it all?  The pursuit of the harmonious intersection of Australia’s agricultural and resources industries and the environment.

Australia Agriculture, Mining & Environment

French Court Relies On an Untraditional Colleague


by Rebecca Blackwell

A rural court in France is helping victims face their assailants with a surprising emotional support companion.

French Court's Untraditional Colleague

Government of the People


by Allyn Stern

A baker’s dozen tips for working with the Environmental Protection Agency

Tips for Working With the EPA

2020 Vision


by Sean Devlin

What Does Corporate Environmental Concern Look Like in 2020?

Best Lawyers Ones to Watch Canada Legal Insights

River Deep, Mountain High


by Hayley Carlock

Lessons from the birthplace of modern environmentalism.

How Environmental Nonprofits Got Their Start

Hotter and More Intense


by Lori Tripoli

Multiple Category 5 hurricanes. Drought. Wildfires. Climate change isn’t just damaging the environment and our health. It’s impacting the bottom line.

Climate Change

Outcomes Focus: Environmental Impact Bonds are All About Results


by Jeremy King

Environmental Impact Bonds offer governments, investors and non-government participants the opportunity to focus on outcomes rather than activities.

Environmental Impact Bonds

Go Fish


by Bart Freedman and Ben Mayer

The Impact of the Ninth Circuit’s “Culvert Decision” on Salmon Runs in Washington State.

K&L Gates

Trending Articles

The 2024 Best Lawyers in Spain™


by Best Lawyers

Best Lawyers is honored to announce the 16th edition of The Best Lawyers in Spain™ and the third edition of Best Lawyers: Ones to Watch in Spain™ for 2024.

Tall buildings and rushing traffic against clouds and sun in sky

Presenting The Best Lawyers in Australia™ 2025


by Best Lawyers

Best Lawyers is proud to present The Best Lawyers in Australia for 2025, marking the 17th consecutive year of Best Lawyers awards in Australia.

Australia flag over outline of country

Best Lawyers Expands Chilean 2024 Awards


by Best Lawyers

Best Lawyers is pleased to announce the 14th edition of The Best Lawyers in Chile™ and the inaugural edition of Best Lawyers: Ones to Watch in Chile™, honoring the top lawyers and firms conferred on by their Chilean peers.

Landscape of city in Chile

Best Lawyers Expands 2024 Brazilian Awards


by Best Lawyers

Best Lawyers is honored to announce the 14th edition of The Best Lawyers in Brazil™ and the first edition of Best Lawyers: Ones to Watch in Brazil™.

Image of Brazil city and water from sky

Announcing The Best Lawyers in South Africa™ 2024


by Best Lawyers

Best Lawyers is excited to announce the landmark 15th edition of The Best Lawyers in South Africa™ for 2024, including the exclusive "Law Firm of the Year" awards.

Sky view of South Africa town and waterways

The Best Lawyers in Mexico Celebrates a Milestone Year


by Best Lawyers

Best Lawyers is excited to announce the 15th edition of The Best Lawyers in Mexico™ and the second edition of Best Lawyers: Ones to Watch in Mexico™ for 2024.

Sky view of Mexico city scape

How Palworld Is Testing the Limits of Nintendo’s Legal Power


by Gregory Sirico

Many are calling the new game Palworld “Pokémon GO with guns,” noting the games striking similarities. Experts speculate how Nintendo could take legal action.

Animated figures with guns stand on top of creatures

The Best Lawyers in Portugal™ 2024


by Best Lawyers

The 2024 awards for Portugal include the 14th edition of The Best Lawyers in Portugal™ and 2nd edition of Best Lawyers: Ones to Watch in Portugal™.

City and beach with green water and blue sky

The Best Lawyers in Peru™ 2024


by Best Lawyers

Best Lawyers is excited to announce the landmark 10th edition of The Best Lawyers in Peru, the prestigious award recognizing the country's lop legal talent.

Landscape of Peru city with cliffside and ocean

How To Find A Pro Bono Lawyer


by Best Lawyers

Best Lawyers dives into the vital role pro bono lawyers play in ensuring access to justice for all and the transformative impact they have on communities.

Hands joined around a table with phone, paper, pen and glasses

Presenting the 2024 Best Lawyers Family Law Legal Guide


by Best Lawyers

The 2024 Best Lawyers Family Law Legal Guide is now live and includes recognitions for all Best Lawyers family law awards. Read below and explore the legal guide.

Man entering home and hugging two children in doorway

The Best Lawyers in Colombia™ 2024


by Best Lawyers

Best Lawyers is honored to announce the 14th edition of The Best Lawyers in Colombia™ for 2024, which honors Colombia's most esteemed lawyers and law firms.

Cityscape of Colombia with blue cloudy sky above

Announcing the 2024 Best Lawyers in Puerto Rico™


by Best Lawyers

Best Lawyers is proud to announce the 11th edition of The Best Lawyers in Puerto Rico™, honoring the top lawyers and firms across the country for 2024.

View of Puerto Rico city from the ocean

Announcing The Best Lawyers in Japan™ 2025


by Best Lawyers

For a milestone 15th edition, Best Lawyers is proud to announce The Best Lawyers in Japan.

Japan flag over outline of country

Announcing The Best Lawyers in New Zealand™ 2025 Awards


by Best Lawyers

Best Lawyers is announcing the 16th edition of The Best Lawyers in New Zealand for 2025, including individual Best Lawyers and "Lawyer of the Year" awards.

New Zealand flag over image of country outline

Canada Makes First Foray Into AI Regulation


by Sara Collin

As Artificial Intelligence continues to rise in use and popularity, many countries are working to ensure proper regulation. Canada has just made its first foray into AI regulation.

People standing in front of large, green pixelated image of buildings