When I graduated from law school in 1972, nowhere in the curriculum
could one find a course called Environmental Law. To the extent that
that subject matter was considered at all, it was through, at most, passing
reference in courses such as Municipal Law, Torts, or International Law.
Twenty-five years later, the scene is remarkably changed. All Canadian
law schools offer at least one such course. Many offer more. There
are specialized law reports and journals, loose-leaf services, newsletters,
casebooks, and national and provincial organizations devoted
to research, education, and law reform. This flurry of activity reflects
society’s recognition of the importance of the environment. It also reflects
the fact that law is one of the tools essential to environmental
protection. Every day, courts and other tribunals in our country are
called on to resolve disputes among parties such as governments, agencies,
business, and private citizens, each of whom has a role to play in
ensuring that our children will have a clean, healthy, and esthetically
acceptable planet on which to reside.
As a judge, I appreciate the immense contribution made by my former
academic colleagues to the clarification and explanation of law
and legal systems. Academics are able to specialize in a way that most
judges cannot. Judges must resolve specific cases; academics can take
the long, wide view. I often turn to books and articles written by academic
commentators to help me understand both the narrow and the
broad aspects of a case that I have to decide.