NCJ Number
128338
Date Published
1989
Length
77 pages
Annotation
This study, commissioned by Canada's Department of Justice, involves a comprehensive review of the jurisprudential and social sciences literature relating to the use of criminal penalties for environmental pollution.
Abstract
The study first interprets the terms "criminal penalties" and "criminal law" and then describes the methods used to identify and obtain relevant literature to be included in the study. This is followed by a review of the philosophies that guide environmental regulation in Canada. A general review of the principal parties responsible for pollution in Canada precedes a discussion of the justification for subjecting certain of these parties to criminal sanctions. The experience gained from the implementation of criminal laws similar to those proposed in Canada, Japan, and Germany is also considered. The central issue of deterrence is discussed regarding the application of sanctioning strategies against the four principal groups believed to be responsible for the majority of pollution in Canada: corporations, small businesses, public agencies, and criminal organizations. Enforcement dilemmas associated with the use of environmental sanctioning strategies are discussed, and the paper concludes with suggestions for additional empirical work in Canada to close data gaps and assist policymakers in decisions about law reform. 297 notes