Published In

Alberta Law Review

Document Type

Article

Publication Date

2018

Subjects

disaster law, emergency law, emergency powers, vulnerability

Abstract

This article is the first step in a major research project on Canadian disaster law. As such, the article's first objective is to map the terrain of the law in Canada that governs disasters. To provide context for this exercise in mapping, the article focuses on the circumstances surrounding the 2016 Fort McMurray wildfire ('the Beast'). Focusing on the 'the Beast' also gives rise to the article's second objective: a critical examination of the ways in which Canadian disaster law fails to reflect foundational social science research on disaster harm. The article argues that the current framework of Canadian law lacks nuance in its understanding of vulnerability and fails to identify and address communities that are especially vulnerable to disaster harm. It also argues that the implementation of the relevant law to disasters fails to adequately incorporate legal mechanisms that can connect disaster law with the underlying drivers of disaster vulnerability. The outcome is that Canadian disaster law currently leaves Canadians unnecessarily susceptible to disaster harm.

Included in

Disaster Law Commons

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.