The potential of the trusteeship theory for Canadian public law and environmental governance *

The potential of trusteeship theory and related fiduciary duties in resolving environmental problems first emerged in the 1970s. Trusteeship theory suggests a governance model that would allow the State to adopt a holistic approach to nature management and to consider future generations’ interests. The theory is of particular interest to researchers in Canada, as it draws on concepts that already exist in Canadian public law and therefore might allow for a rapid paradigm shift in environmental governance. This chapter brings to light perspectives on the trusteeship theory that make it appealing for Canadian public law and environmental governance, and how it builds on the experience with, and critiques of, the American public trust doctrine. It suggests that imposing duties of environmental protection on the government could set out a path for addressing the mounting ecological challenges of the Anthropocene.