Legal and Planning Tools

Watershed Advocacy, whether it involves meeting with politicians or mobilizing public support, takes place in a legal context.  Take the time, using this website or other resources, to understand the legal and planning requirements that govern the watershed issue(s) you are concerned about.  Are there:

·          Statutory Decisions – If a government decision is required before a project goes ahead, this can provide a focus for your advocacy.  Find out what factors the government can consider in making its decision and what, if any, result will best serve your needs.  Find out who is responsible for the ultimate decision, so that you can focus your efforts;

·          Hearings/Public Consultation – Some statutes explicitly provide for public consultation about key watershed issues.  Public hearings or other public consultation mechanisms are not only an opportunity to speak to a decision-maker, but also can be part of a news story or an opportunity for supporters to show their strength;

·          Planning Processes – Legislation or government policy often require planning.  Sometimes it is led by the developer, with an opportunity for public input, but in other cases multiple-stakeholders may be involved.  Click here for more information on participating in a planning process [Link to D1] as a watershed advocate. 

·          Independent tribunals or watchdogs – Some Acts create a quasi-independent or specialized body either to make decisions (e.g. the Environmental Appeal Board) or to monitor and report on how the Act is being used (e.g. the Forest Practices Board).  Figure out how whether the public can invoke these bodies and what their powers are. 

The law or government policy may provide other tools that you will want to be aware of and participate in.  Be strategic, however.  Don’t feel obligated to participate in a government process if your presence is unlikely to result in any improvements in the final decision.  

Other Legal Tools

In addition to being familiar with the laws and planning processes relevant to your particular problem, you will want to be familiar with a handful of other legal tools aimed at getting someone other than the government to take a look at government processes.  While the ultimate political decision usually rests with elected representatives, the government and the courts have put in place a few checks and balances that may be useful in some circumstances:

·          Court Challenges – If the government does not follow the law in making a statutory decision the Courts may be willing to take a second look.  Click here to go to the page on Challenging Government Decisions in Court.

·          Private Prosecutions – If someone breaks the law, and the government won’t take action, an individual can go before a justice of the peace and start proceedings against the offender.  Although such “private prosecutions” will probably be blocked by government and can be expensive, they may focus public attention on violations of the law.  For more information about Private Prosecutions see Sierra Legal Defence Fund’s Handbook for Private Prosecutions. 

·          Independent officers of the Legislative Assembly – Both the federal Parliament and provincial Legislature have appointed a small number of government officials who are arms-length from the Executive to investigate certain types of issues and report back to the government and the public.  Because they are not answerable to the Executive these officers will sometimes issue reports that criticize the government.  Important officials include:

·          Ombudsman’s Office – The provincial Ombudsman is able to investigate, attempt to resolve and report on complaints of government unfairness.  There is not currently a federal Ombudsman, although some federal Departments have an equivalent position to resolve disputes with the public.

·          Auditor General’s Office – The Auditor General is charged with making sure that government assets and resources are well managed.  While a major focus is on financial assets, both the federal Auditor General and the provincial Auditor General have issued reports on management of environmental resources.  The Auditor General does not generally act upon complaints. 

·          Commissioner of the Environment and Sustainable Development – The federal Commissioner monitors the progress of Departments in developing and meeting sustainability strategies, and reports on the progress of the government towards sustainable development generally.  In addition, members of the public can ask a federal Department questions about how it is protecting the environment through an Environmental Petition, and the Commissioner will ensure that the Department provides an answer.  The equivalent office at the provincial level has been eliminated.  

·          Information and Privacy Commissioner – The Federal Information Commissioner and the Provincial Information and Privacy Commissioner oversee federal and provincial legislation guaranteeing public access to government information.  Click for more information about initiating a request for government information.  If you have trouble getting information from a government agency, consider talking to these Commissioners about what your options are. 

Related Guide Pages:

·          Implementation of Legislation

·          Compliance and Enforcement

·          The Courts

For More Information about Legal and Planning Tools:

·          B.C’s Legislative Officers: “Discover Your Legislature: People -- Statutory Officers”.

·          Federal Parliamentary Officers: “Agents of Parliament”