Environmental Sentencing Policy in Alberta: A Critical Review
Date
2015-01
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Canadian Institute of Resources Law
Abstract
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.
Description
Keywords
Environmental Sentencing, Creative Sentencing
Citation
Chilenye Nwapi, Environmental Sentencing Policy in Alberta: A Critical Review, Occasional Paper #46 (Calgary: Canadian Institute of Resources Law, 2015)