Territorial design through environmental governance and constitutional law: an examination of their compatibility through the example of the river basin

The modern conception of environmental governance is guided by numerous principles intended to better protect nature. The notion of territory has been seen as a key element linking these principles. But this conception of territory raises important legal issues, especially from a constitutional perspective. Constitutional law defines a scale of action that is inconsistent with the one advocated by environmental governance. This paper analyses the concept of territory according to environmental governance and Canadian constitutional law in order to determine to what extent these are compatible. Through the illustration of watersheds, we examine the territorial scale, stakeholders, and structural foundation that is most appropriate for environmental governance in the Canadian context.