Book Review – "Unnatural Law: Rethinking Canadian Environmental Law and Policy by David R. Boyd"

I n t r o d u c t i o nCommitments to achieve sustainability are common currency in political speeches, government policy, and sometimes even in legislation.In Alberta, rhetoric about sustainability and the 'Alberta Advantage' 1 is backed by specific policy direction and explicit statutory language.Nonetheless, critics consistently argue that Alberta is failing to achieve sustainability 'on the ground'.One way to test Alberta's 'commitment' to sustainability is to examine the government's track record in areas of the province where concerns about land and resource use are particularly well documented.The Castle River area of southwestern Alberta (the Castle) is an ideal location for this type of analysis.This article reviews ten years of decision-making on land and resource use in the Castle, summarizing the principal findings of a more detailed study published by the Canadian Institute of Resources Law. 2 Concerns about sustainability were front and centre throughout this decade of decision-making.Provincial government agencies, a local advisory group and elected municipal officials all identified threats to ecosystem sustainability in the Castle and underlined the urgent need for specific regulatory and management responses.The Government of Alberta's reaction to these conclusions and recommendations provides yet another affirmation of the old adage that 'actions speak louder than words'.A l b e r t a ' s ' C o m m i t m e n t ' Alberta's formal commitment to sustainability is embodied in legislation and policy.The Environmental Protection and Enhancement Act (EPEA) is intended "to support and promote the protection, enhancement and wise use of the environment."3 EPEA's purpose section recognizes "the principle of sustainable development, which ensures that the use of resources and the environment today does not impair prospects for their use by future generations".4 It affirms as well that "the protection of the environment is essential to the integrity of ecosystems." 5 EPEA's environmental assessment process is also directed to supporting the goal of "sustainable development".6 Both the Energy and Utilities Board (EUB) and the Natural Resources Conservation Board (NRCB) apply statutory 'public interest' tests that require attention to economic, social and environmental effects when reviewing proposed projects -thereby incorporating the three 'pillars' of sustainable development.7 This statutory mandate has led the NRCB to develop explicit sustainability criteria for its project review process.More specific guidance on sustainability is found in a policy document entitled Alberta's Commitment to Sustainable Resource and Environmental Management (Alberta's Commitment).8 The Premier's Forward states that this policy "reconfirms" the government's commitment to sustainable development and "describes" Alberta's approach to sustainable resource and environmental management.9 Steven A. Kennett x Alberta's Commitment is far from a detailed sustainability strategy or plan of action.Nonetheless, it does include the following objectives and policy directions: s The sustainable use of Alberta's natural resources means that "Renewable resources shall be managed to ensure their long-term viability and future use potential."10 s "Resources shall be managed on an integrated basis", recognizing that "the use of one resource can affect other users and other resources."11 s The integrated basis for natural resource and environmental management includes "comprehensive forest and water planning."12 Furthermore, "The sustainable development vision and direction and integrated planning, including existing plans such as Integrated Resource Plans and other approved resource plans, will provide the context for all operational management decisions."13s Consultation on resource and environmental management decisions shall include "Ensuring integrated interdepartmental review and decision-making at the regional and provincial level."14s "Compliance with Alberta's resource and environmental management requirements shall be assured."15 An "effective and up-to-date" legislative and regulatory regime is also identified as important for achieving sustainable development.16 Alberta's Commitment states that: "We need now to ensure that our policies, laws and regulations reflect the principles of sustainable development and integrated resource management …." 17 The policy direction set out in Alberta's Commitment confirms that sustainability means long-term viability for the province's renewable resource base and the maintenance of options for its future use.This standard applies, presumably, to the management of human activities that affect, directly or indirectly, renewable resources such as forests, water, wildlife and ecosystems.Alberta's Commitment also highlights key institutional strategies for achieving sustainability, notably integrated resource management and the use of comprehensive planning to guide operational decisions.18 The government's own policy thus provides useful benchmarks for evaluating whether or not the 'commitment' is being implemented in practice. T h e C a s t l eLocated in the Rocky Mountains and foothills between Waterton Lakes National Park and the Crowsnest Pass, the Castle embodies many of Alberta's finest features and defining characteristics.Ranching, tourism and resource development are economically important activities.Several small communities and a scattering of rural residences have been established in and around the Castle.Spectacular scenery and productive wildlife habitat provide numerous opportunities for outdoor recreation.Biodiversity in the area is provincially significant, second only to Waterton Lakes National Park.19 The Castle is also a vital north-south link in North America's Rocky Mountain ecosystem.This abundance of riches makes land and resource management particularly challenging in the Castle.Offering something to almost everyone, the Castle is a real world laboratory for sustainable development. D e c a d e o f D e c i s i o n -M a k i n gThis article focuses on four land-use decisions by the Alberta government that have far-reaching implications not only for the Castle, but also for the broader Crown of the Continent ecosystem that extends through southwestern Alberta, southeastern British Columbia and northern Montana.These decisions clearly show how Alberta's 'commitment' to sustainable management is playing out in the Castle.The first decision concerned a proposal to transform a small ski facility in the West Castle Valley into a four-season destination resort.20 The plan included expanded ski terrain, additional ski lifts, two 18-hole golf

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