Restoring legitimacy to environmental governance in Manitoba: the need for meaningful public participation

Abstract

This thesis uses the concept of legitimacy, a measure of the public’s support of government operations, as a lens through which to approach environmental legal reform in Canada. An analysis of the legitimacy of Manitoba’s environmental regulatory regime as it pertains to the hydroelectric industry is undertaken, with an emphasis on opportunities for public participation. As a result, it is suggested that environmental governance in Manitoba has suffered a significant loss of legitimacy. This indicates that environmental reforms are needed to support meaningful public participation. Based on the components of meaningful public participation recognized by Canadian legal scholars, legal reforms are identified that could be enacted in Manitoba to restore lost legitimacy. It is suggested that the most effective means of restoring legitimacy would be to focus on reforms that clarify the environmental obligations of government and allow citizens to more meaningfully participate in the enforcement and review of environmental protection measures.