Browsing by Author "Nwapi, Chilenye"

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    Environmental Sentencing Policy in Alberta: A Critical Review
    (Canadian Institute of Resources Law, 2015-01) Nwapi, Chilenye
    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.
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    Legal and Policy Responses to Environmental Offences in Relation to the Alberta Oil Sands
    (2013-01-04) Nwapi, Chilenye
    This article reviews the environmental enforcement culture in Alberta with a view to ascertaining what mechanisms are in place in Alberta for responding to the commission of environmental offences, especially in the context of the oil sands, and the extent to which those mechanisms have been, or are being, used. It finds that there is a policy direction in Alberta towards increased penalties and that creative sentencing has become the norm although its benefits are cut short by lack of adequate monitoring to ensure that the fines are paid and used for the purposes for which they are meant. But it is perhaps in connection with the welfare of victims of environmental offences that the policy and legal framework in Alberta appears to have paid the least attention. By exploring and drawing attention to these realities, this article hopes to contribute the effective enforcement of environmental laws in Alberta.
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