This thesis examines critically the most important restrictions placed on the right to peaceful demonstration in Canada. Protected by the Canadian Charter of Rights and Freedoms as a matter of constitutional law, the right is limited by a network of civil and penal sanctions in such a way that, in practice, its exercise is considerably restricted. Firstly, the protection afforded to owners of land under the law of property excludes all peaceful demonstration on private property without permission of the owner. Tossed as it is into the street and onto the sidewalks, the activity may also be seen to disturb other interests protected by law in the public domain. It is not infrequent that injunctions are brought against peaceful demonstrations on the grounds that they disrupt public order, that they harm the economic interests of private parties, or that they are the occasion for mischief or damage to property. In addition to the limits that originate in the law of civil liability, peaceful demonstration is restricted by criminal law, in particular the prohibition against unlawful assemblies, which permits the police to exercise a control over a demonstration and to intervene in order to prevent anticipated outbursts. The rules relating to the infraction of unlawful assembly allow the authorities to disperse the demonstrators at the first sign of tension in what amounts to a willful confusion, by the legislature, between acts of protest and acts of violence. Overall, the scope of this network of civil and penal sanctions is such as to suggest that the right to peaceful demonstration is something of a false promise.

The present study is designed to examine the structure and development of international and Canadian laws which attempt to regulate the ocean disposal of toxic waste by at-sea incineration. It begins by describing some of the hazardous wastes which are creating dangerous environmental problems in Canada and other nations, by introducing the reader to the types of toxic materials subject to incineration and dumping at sea, and to the nature of the hazards these materials create. With this background in mind, the historical development of ocean dumping laws is then described, beginning with the major international treaties that presently regulate dumping activities. The Canadian laws, which emerged in order to implement the international treaty obligations, are then examined, together with an outline of how these laws are actually administered in the Canadian constitutional and political context. Emerging political strategies to improve the management and disposal of toxic waste are examined, including the increased use of incineration technology. The actual use and legal regulation of ocean incineration is then described, in an attempt to determine whether this type of ocean disposal is a useful and controllable waste management option. Current Canadian policy and legal proposals on ocean incineration are examined in light of ongoing international controversy over the advisability of its use as a waste management strategy. The study examines several jurisdictional, economic, scientific, and political problems which, in the Canadian context, cast doubt upon the ability of government to obtain either public acceptance of ocean incineration, or adequate legal control over at-sea incineration operations. In particular, the relevant legal, political and administrative decision-making processes are reviewed, to identify areas in which improvements are needed. It is concluded that government should move away from incremental law and policy formation, and start to experiment with new forms of decision-making processes, in order to deal with such complex and difficult issues. It is recommended that the government seek to respond in new and innovative ways to these problems. Resolving the question of the desirability of ocean incineration is seen as a possible "pilot project" to test the ability of Canadian legal and political institutions to meet the future challenges posed by such environmental issues. The policies and legislation discussed in the study are reported as of June 30, 1988. / Law, Peter A. Allard School of / Graduate

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Canadian natural gas deregulation has terminated government price setting in favour of prices determined by market forces. However, the transportation of the commodity remains regulated due to the monopolistic nature of the distribution system and the Canadian economies of scale which preclude business rivalry. This paper attempts to discern whether the transition to a new regime is following the legal principles underlying public utility regulation. Promotion of the public interest is therefore a pervasive theme of this paper. While regulatory law allows certain forms of discrimination in the setting of rates and the provision of services, it prohibits undue or unjust discrimination. The thesis proposed herein focuses on regulatory theory and the possibility that incidents of undue discrimination may have been exacerbated by the deregulation process. The examination begins with a review of the discrimination provisions of section 92A of the Constitution Act 1867, the so-called "Resource Amendment". More attention is directed to public utilities theory given its compelling application to the natural gas industry. Deregulation is then discussed including an analysis of "direct sale" contracts involving the commodity as well as the "bypass" of the local pipeline distribution systems. Some conclusions are then made concerning competition and changing commercial conditions. Grave doubts are voiced as to whether the National Energy Board is properly applying the principles of public utility regulation during the transition to a more market oriented natural gas environment. One important conclusion is that direct sale contracts should be encouraged in the core market as well as in the industrial market by the National Energy Board in order to promote upstream competition among gas producers in the public interest. Finally, it is hoped that these doubts will be resolved by the Board in its new (RH-1-88) public hearing which will address issues related to deregulation, including direct sales and the ancillary self-displacement and operating demand volume (ODV) methodology. / Law, Peter A. Allard School of / Graduate

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