1.0 INTRODUCTION

1.1 Requirement for a Sustainable Development Strategy

The Department of Justice is required by the 1995 amendments to the Auditor General Act to prepare a sustainable development strategy (SDS) for tabling in the House of Commons by December 15, 1997, and to update the strategy at least every three years. The same amendments created the position of Commissioner of the Environment and Sustainable Development within the office of the Auditor General. The Commissioner will monitor and report to the House of Commons on the extent to which federal departments, including the Department of Justice, meet the objectives and implement the actions set out in their respective SDSs.

The Department of Justice intends to meet the major challenge facing all federal departments to find practical and meaningful ways to integrate the concept of sustainable development into its work and how it makes decisions.

1.2 The Meaning of Sustainable Development

Simply defined, "sustainable development" means using natural and human resources to achieve social and economic goals without harming the environment upon which current and future generations depend. It is a multifaceted, overarching concept. At its core, it requires integration of environmental and distributive justice considerations in ongoing economic and social decision-making.

Sustainable development is not a fixed state of harmony, but rather an ongoing process of evolution in which people take actions to achieve social and economic goals while maintaining the health of the environment. It strives for both human and ecosystem well-being, not one at the expense of the other. It recognizes the interdependence of people and their surrounding world.

For the Department of Justice, sustainable development means adopting business strategies and activities that meet the needs of the institution and the public it serves while protecting, sustaining and enhancing the human and natural resources that will be needed in the future.

Sustainable development

The most widely used definition of sustainable development provided by the World Commission on Environment and Development (The Brundtland Commission) in 1987 is now used in the Auditor General Act:

Sustainable development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs.

Sustainable development has three pillars or dimensions: social, economic and environmental. These three dimensions are interconnected, as depicted in the diagram below.

Within the conceptual framework of sustainable development, government has an important role to serve and support its society's overarching aims for social justice, economic prosperity and environmental quality. As a department with a mandate focused upon the social dimension, the contribution of the Department of Justice to a more sustainable future therefore requires integration of environmental and economic considerations into its decision-making. Concommitantly, departments with an economic focus will be required to better integrate environmental and social concerns; and those with primarily an environmental mandate will need to consider the social and economic aspects and impacts of their decision-making.

Sustainable development is a normative ethical concept which, like the law, is based upon the values of people viewing and applying it. Its precise meaning therefore depends in part on prevailing social values and interpretations. The federal government has applied the concept of sustainable development to itself in A Guide to Green Government, a document signed by 24 Ministers to guide preparations of Sustainable Development strategies. The Guide sets out important government-wide goals and objectives to which the Department of Justice is committed to contribute within its mandate. The government-wide vision and general objectives are encapsulated in Figure 1.

Emerging Sustainable Development Principles

Five core elements common to most current definitions of sustainable development:

1. respect for ecological integrity;
   
2. efficient use of human, financial and natural resources;
   
3. equity;
   
4. participatory decision-making; and
   
5. environmental stewardship at all levels of society.
   

(Resource Futures International, Law Reform and Sustainable Development, Department of Justice Law Reform Project, 1995)

Figure 1: Government-Wide Vision, Goals and Objectives for Sustainable Development

1.3 Law and Sustainable Development

Three of the cross-cutting elements identified in the Guide to Green Government are particularly relevant to the mandate and activities of the Department of Justice: quality of life, integrated decision-making and equity.

• Quality of life is provided by economic prosperity, social justice and environmental quality. For an economy that performs well for job creation, improved living standards, health, education, and protection of environment, Canadians depend upon the private market, public institutions and individuals to act within applicable laws and regulations.

• To reconcile economic, social and environmental objectives requires integrated decision-making through processes and mechanisms, often expressed in law, which facilitate 'full-cost accounting', environmental impact assessment, ecosystem-based planning and management, sound science and analysis, public participation and access to information.

• Equity is a major preoccupation of legal institutions and processes. As a key element of sustainable development, equity involves respect for basic rights and obligations, and the fair distribution of the costs and benefits of development between the rich and the poor, between generations, and among nations.

The Sustainable Society Project

A collaboration of academics, governments, and private citizens between 1988-1994 developed guidelines based on a process of envisaging Canadian society in fifty years. Project participants emphasized that law is central to the social dimension of sustainable development and can help safeguard basic rights and obligations through an open, accessible, and fair political process; it can create opportunities for sufficient resources and personal security through education and employment; and it can help promote social equity and justice. Source: Planning for a Sustainable Future, Projet de Société, 1994

Law can be an important mechanism for promoting sustainable development. Legislation and regulation can promote ideas in the form of objectives, principles and criteria that are consistent with sustainable development. The enabling legislation for the Departments of Natural Resources Canada and Industry Canada now both explicitly oblige those organizations to promote sustainable development. Similarly, laws and regulations can articulate sustainable development related principles and criteria for which decision makers must account.

Natural Resources Canada Act

s. 6 In exercising the powers and performing the duties and functions assigned to the Minister ... the Minister shall
(a) have regard to the sustainable development of Canada's natural resources and the integrated management thereof; ...

Law can also mandate processes to allow for the effective articulation of sustainable development considerations and objectives by a wide range of interested parties. Achieving progress toward sustainable development is clearly a matter of social choices, ranging from individuals to governments. Because it involves choice, change is only possible with the broad involvement of the general public and decision-makers in government and across society. The law can provide more effective processes for assessment and decision-making, allowing a wide range of insights to inform decision-makers.

Law can also create institutions to enhance the promotion of sustainable development. Legislated institutions such as the National Round Table for Environment and Economy and the Commissioner for Sustainable Development and Environment can serve as focal points for the expression and debate of sustainable development issues, and can help remind decision-makers of the importance of this concept.

Sustainable development is a shared responsibility, requiring market, institutional and political forces to cooperate and contribute their various strengths to apply a combination of policy tools, which are often best enshrined in law to be effective.

Using a Mix of Tools to Achieve Sustainable Development

Voluntary Approaches
agreements ~ codes of conduct ~ guidelines ~ performance standards

Information
eco-labelling ~ technology transfer ~ quality standards

Economic Instruments
tax incentives ~ user charges ~ permits

Direct Government Spending
where the market cannot provide public goods

Command and Control
enforcement of laws and regulations

Source: A Guide to Green Government

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