Pesticides Law and Precautionary Principle in Canada: Does the Entanglement of Federal and Provincial Rules Adequately Protect Us from Environmental and Health Risks?

摘要

In Canada, both provincial and federal legislation cover the production, use and trading of pesticides. This causes an entanglement between all the existing norms, laws and regulations and can be difficult to comprehend. In this context, a fundamental question should be asked: do Canadian citizens benefit from a proper regulatory framework based on the precautionary approach in order to be protected from the environmental and health risks related to hazardous pesticides? This article will provide a detailed answer to that question, emphasising on the role of the precautionary approach and the importance of the constitutional division of powers in Canada.