Abstract

The essay analyses the division between the Canadian Federation and the Provinces of powers with regard to environmental resources, starting from the observation that the definitions set out in the British North America Act and subsequent constitutional provisions had numerous shortcomings. The analysis also examines the role played in this regard by certain interpretations and rulings by the Supreme Court and shows how various political actors have sought to remedy lacunae in the original Constitution which over the years have given rise to a precarious balance that is not always able to guarantee effective protection of the environment.