Should Environmental Rights be inserted into the Canadian Charter of Rights and Freedoms - Essay Example

Canada is one of the few nations in the world that is proud to still have remainders of unspoiled nature on earth which include rivers and unbroken forests. Presently, the Canadian Charter of Rights and Freedoms does not explicitly include and define environmental rights as well as the role of the federal government in the protection of the environment, apart from a few provinces and territories (Douglas 14). Since the role of protecting basic rights lies within the Constitution and, by extension, federal government, this is an unfortunate situation because protecting the environment qualifies as a basic right. Through the Charter of Rights and Freedoms, Canadians are afforded the right to life, liberty of expression, security and protection from discrimination. However, these liberties and rights can only work against themselves if the people are not allowed to enjoy them with the right to be in healthy environments. To this end, this paper will critically evaluate why environmental rights should be inserted into the Canadian Charter of Rights and Freedoms. Approaching the protection of certain rights through statutory and constitutional means is a practical and achievable initiative and, in the present age of global warming, all citizens in the world, including future generations, are entitled to protection from unhealthy environments (Erin 64). Therefore, the Canadian federal government must consider how the rights of its citizens to an environment that is balanced ecologically and healthy are ensured, both through statutory and constitutional means. Denying Canadians the right to live in healthy environments cannot be justified. Since a nation’s Constitution defines its people in more ways than just a simple set of legal instructions, it should also exemplify their highest values and aspirations. Therefore, as the supreme law of the land, it is only fair that the Canadian Constitution mirrors its people’s connection to their environment which sustains health and life. Sadly, in the industrialized world, Canada ranks extremely poorly in terms of environmental performance. According to a survey conducted by the Center for Global Development, based in Washington, Canada was placed 27th out of 27 among the industrialized countries (Erin 61). From this, there is evidently an urgent need to include environmental rights in the Charter of Rights and Freedoms. This will also serve the purpose of confirming the federal government’s public trust obligation of protecting the environment under its authority. Such inclusion of environmental rights would ensure the conservation of energy as well as protection against climate changes. Environmental sustainability is rapidly becoming a global concern (Douglas 10). From this perspective, the inclusion of environmental rights in the Charter of Rights and Freedoms will ensure that every Canadian is afforded access to sufficient information about the environment. Consequently, and more importantly, the citizens will have a platform to being part of decisions made regarding the environment and also receive justice in the context of the environment. Indeed, Canadians expect their government to guard them against contamination and environmental risks that abound in the air, land and water. According to the 1972 Stockholm Declaration, environmental rights are recognized under the clause of adequate life conditions (Douglas 19). Therefore, it becomes the role of the Canadian government to regard this more than just an international law or simply an inspirational statement and view it more as a legal statement. For the sake of its citizens, the best way to accomplish this would be by including environmental rights in the Charter of Rights and Freedoms, which will also be in recognition of a formal right to environmental safety. Going by the hierarchy of power and leadership, the government is the top institution that bears the legal obligation to preserve the environment and manage it for the general benefit of its citizens. It may appear like there are environmental rights in Canada already. This is because the right to healthy environments is mentioned in some provincial laws, such as the Environmental Bill of Rights of Ontario, Environmental Rights Act of the Northwest Territories and the Environment Quality Act of Quebec (Faure 69). However, a notable misgiving is that they are only primary procedural rights that do not provide substantive rights to the particular quality of the environment. By including environmental rights in the Charter of Rights and Freedoms, the federal government will have offered sufficient legal protection, for example, to employees and private citizens who participate in any action aimed at protecting the environment. This will ultimately enhance public confidence in the way environmental laws are implemented, because they will be implemented in the same manner as any other gazetted rights. Viewed from another perspective, the conspicuously absent environmental rights from the Charter of Rights and Freedoms have resulted in the enacting of other new laws that further contribute to the deterioration of the environment. The environment, when understood properly, is not simply the physical, or otherwise, space in which people live (Faure 74). It is, rather, the entire collection of rights associated with it, and this perspective gives more reason for environmental rights to be included in the Charter for Rights and Freedoms. Environmentalists have rightfully opined that the right to live in natural environments that are safe is as essential as the right to liberty from discrimination, right to shelter and right to food. From the 1980s to date, surveys have consistently shown that more than 90% of Canadians regard the deteriorating environmental conditions as a major concern and always buy products considered to be environmentally friendly (Reid 1). Therefore, when environmental rights are established, it becomes a practical solution to balancing the needs of life and the right to protect the environment in which that life is sustained. It is also the surest way of creating legal structures that will ensure there is balance between the way the environment is used in the industrialized age and how it is sustained. Further, the presence of such rights would also avail to the courts direction to determine the ability of citizens to claim environmental health where there is imbalance between the competing forces. It therefore becomes crucial that environmental rights be made substantive, which would enable citizens to take part in decisions that affect them in terms of the environment (Douglas 15). When citizens hold substantive rights to healthy environments, they can rightfully sue for any infringement and be remedied by beneficial compensation. This can only be achieved when environmental rights are included in the Charter of Rights and Freedoms, because that would afford every citizen, including corporate entities, a statutory guarantee to healthy environments. Further, there is evidence that suggests substantive environmental regulations will motivate competitiveness and innovation hence, environmental rights will also be beneficial to the environment (Duncan 1). Then, the federal government would be more obligated to ensure that healthy environments are sustained, which will fulfil its function as the trustee of public areas for the nation’s and future generations’ benefit. Hence, the chances of maximizing the balance between competing forces can be achieved. In conclusion, all humans have a right to favorable environmental conditions. Therefore, it is clear that all Canadians must be entitled to legal protection against unhealthy environments, with a guaranteed access to clean and safe water and air. Therefore, statutory and constitutional approaches towards the inclusion of environmental rights in the Charter of Rights and Freedoms will be to the benefit of not only Canadians, but the universe at large (Duncan 1). This will mainly be realized through initiatives like energy conservation which makes more efficient use of transportation fuels, oil, natural gas and electricity. Ultimately, there will be protection against climate changes because there will be significantly reduced emission of greenhouse gases. Therefore, it may not be easy to include environmental rights in the Canadian Charter of Rights and Freedoms, but it is inevitably necessary. Works Cited Douglas, Kristen. Public Access to Environmental Justice. Ottawa: Canadian Bar Association, 2000. Print. Duncan, Linda. Canadian Environmental Bill of Rights. < http://openparliament.ca/bills/40-3/C-469/Bill C-469 (Historical)>. 2011. Web. Erin, Daly. “The First Ever Vindications of Constitutional Rights.” Review of European Community & International Environmental Law 21.1 (2012): 63-66. Print. Faure, Michael. Environmental Law & European Law. The Hague: Eleven International Publishing, 2014. Print. Reid, Scott. A Remedy for Property Rights Horror Stories: A Constitutional Amendment. . 2011. Web. Read More