However, determined private prosecutors can enforce the law with more credibility and success than seemed possible a generation ago. And governments have been the principal targets. Public prosecutors are less likely to discontinue a private prosecution today than they used to be, and are supposed to do so only when: - there is so little evidence that there is no case to answer; or - the prosecution is likely to damage the interests of justice. Although private prosecution remains difficult and expensive, “how to” information is freely available (see e-b-i.net/ebi/guide.html) and several environmental groups are committed to it. For anyone with a controversial project, private prosecution remains a force to be reckoned with. Dianne Saxe is an environmental law specialist and heads the environmental law boutique Saxe Law Office in Toronto.
Posted on: Sat, 02 Nov 2013 04:20:00 +0000
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