Environmental Rights and Responsibilities

Subject Area
This activity has been designed to fit into Unit II, Societal Impact of the Law, or into the Optional Unit on Consumer Law of the BLW 4A curriculum.

Learning Outcomes

Teaching, learning and evaluation will focus on the student’s ability to:

• Identify and describe issues related to the use of pollution-producing products;
  
• Identify and describe issues related to the disposal of pollutants;
  
• Identify responsibilities of individuals, business and government in maintaining a healthy environment;
  
• Compile a list of environmental test cases and analyze the judicial decisions;
  
• Develop strategies for positive action.

Classroom Development

The following steps and lines of inquiry range from the simplest to the most complex, and are included here to help you develop this topic in the classroom.

1. Compile a list of pollutants or industrial events that affect the public and have resulted in notable legal decisions. This list includes: lead, DDT, PCBs, mercury, strontium, phosphate, asbestos, formaldehyde, oil spills, logging, CFCs, landfills, defoliants.
   
2. Examine statistics citing improvement in pollution levels after decisions, and determine reasons for these changes.
   
3. Determine the advantages and disadvantages for business, government and/or consumers in the use and abuse of these materials.
   
4. Research legal precedents for background information on test cases involving these pollutants.
   
5. Work in small groups to do the following:
   Examine selected cases of contamination that affect or have affected the general Canadian public;
   Analyze the advantages and disadvantages of the case for any or all of the three groups mentioned in step three;
   Develop a hypothesis on the future use of contaminants;
   Suggest a strategy for positive action to prevent, limit, stop or reduce the pollutant.
   
6. Critique the Environmental Bill of Rights.
   
7. Critique sections of the Environmental Protection Act.
   
8. Present revisions of this legislation to the class for discussion.

Background Information

This topic is covered well in the video, “The Pleasure Planet,” and in the article, “The Failure of the Environmental Effort.” Most test cases involving chemical substances have been resolved by banning the pollutant. Cases where the environment has been exploited, such as resulting from a major oil spill, have had less decisive results.

Timing

This information is based on 75 minute lessons.

Day 1 Introduce the topic; identify the issues.
Day 2 Identify the use/abuse and disposal of products. Review statistics on improvement in pollution levels.
Day 3 Research precedents. Chart findings or prepare data base.
Day 4-6 Group work on selected cases.
Day 7-8 Review the Environmental Protection Act.
Day 9-10 Review the Environmental Bill of Rights.
Day 11 Presentations to the Class.

Resources

Commoner, Barry. The Closing Circle: Nature, Man, and Technology. New York: Bantam Books, 1972.
Commoner, Barry. “The Failure of the Environmental Effort,” Current History. April 1992, pp. 176-181.
Globe and Mail. “Environment Bill Gets Mixed Review.” July 9, 1992.
Globe and Mail. “Politicians Power Electric Cars Into Reality.” July 9, 1992.
Government of Ontario. Environmental Protection Act. Revised Statutes of Ontario, 1980. Chapter 141 as amended by 1981, Ch. 49, May 1983.
Gray, M. “Nuclear Time Bombs: Six Years after Chernobyl, Europe still Lives in Fear of Unsafe Soviet Reactors.” MacLean’s. June 8, 1992, pp. 30-32.
Nicholls, M. “Progress in Rio. The Earth Summit Sets a Cleanup Agenda.” MacLean’s. June 22, 1992, pp. 51-52.
Rooney, C. “Waste—Not Just An Environmental Issue.” Business Quarterly. Spring 1992. pp. 49-54.
Toronto Star. “GM Links with Enviro-Group to Fight Smog.” July 9, 1992.
Toronto Star. “NDP to Enlist All as Pollution Spies.” July 9, 1992.
TVOntario. “Acid Assault,” Planet Under Pressure. BPN 298407.
TVOntario. “The Pleasure Planet,” Planet Under Pressure. BPN 298410.

Evaluation Items

• Recognition:

A sample evaluation (included) is based on the article “Environment Bill Gets Mixed Review.”

• Understanding:

Evaluation of short essays which develop library research skills and summarize precedents set in cases involving environmental pollution.

• Application:

Peer evaluation of classroom presentations on the proposed Bill of Rights or the Environmental Protection Act (Evaluation form attached).

Cross-disciplinary Links

History—Students may use this material to complement discussions held in Grade 11 History where the curriculum module develops an Environmental Charter of Rights.

The following steps and lines of inquiry range from the simplest to the most complex, and are included here to help you develop this topic in the classroom. You will be responsible for the completion of some or all of these steps.

1. Compile a list of pollutants or industrial events that affect the public and have resulted in notable legal decisions. This list includes: lead, DDT, PCBs, mercury, strontium, phosphate, asbestos, formaldehyde, oil spills, logging, CFCs, landfills, defoliants.
   
2. Examine statistics citing improvement in pollution levels after decisions, and determine reasons for the changes.
   
3. Determine the advantages and disadvantages for business, government and/or consumers in the use and abuse of these materials.
   
4. Research legal precedents for background information on test cases involving these pollutants.
   
5. Work in small groups to do the following:
   a) examine selected cases of contamination that affect the general Canadian public;
   b) analyze the advantages and disadvantages of the product for any or all of the three groups mentioned in step three;
   c) develop a hypothesis on the future use of contaminants;
   d) suggest a strategy for positive action to prevent, limit, stop or reduce the pollutant.
   
6. Critique the Environmental Bill of Rights.
   
7. Critique sections of the Environmental Protection Act.
   
8. Present revisions of this legislation to the class for discussion.

Evaluation #1

Name:
Mark: 10

Legal Terms

Read the article, “Environment Bill Gets Mixed Review,” then answer the following questions.

1. Define the expression, “blow the whistle on polluting employers.”
2. Define the following terms as they relate to the legislation:
   a) The right to sue
   b) Worker protection
   c) Public scrutiny Investigations.
3. State two criticisms of the law.
4. Write a synonym for each of the following words and phrases:
   a) Ombudsperson;
   b) Alleged;
   c) Class-action suit;
   d) Contravention.

Evaluation #2

Classroom Presentations

Name:
Mark: 12

Evaluate each speaker according to the criteria provided.

Student:
Issue:

Organization Comments: 3 2 1

• Presentation is well organized.
  
• Hypothesis is logically presented.

Content: 3 2 1

• Material is accurate.
  
• Facts and issues are supported by research.

Written Work: 3 2 1

• Overheads and handouts are clear and concise.

Oral Presentation: 3 2 1

• Presentation is persuasive and reveals a good command of the subject
  
• Relevant terminology.

Summary Comments

Describe how the presentation has affected your point of view on this issue.

Evaluated by: