Chapter 1: Canada Needs Constitutional Environmental Rights

ENV 319 Book Notes The Right to a Healthy Environment; Ch. 1 By: David Boyd CHAPTER 1 – CANADA NEEDS CONSTITUTIONAL ENVIRONMENTAL RIGHTS Stockholm Declaration in Sweden (1972) Principle 1: Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being, and he bears solemn responsibility to protect and improve the environment for present and future generations. Human Rights – intended to recognize our most cherished values and express our moral identity as people (p. 1-2) Three Defining Characteristics: 1. Universal – held by all persons 2. Moral – existing whether or not a particular nation, government, or legal system recognizes it 3. Essential – ensuring the dignity and quality of life of all human beings All humans depend on healthy ecosystems for life, health, and well-being. As of 2012, at least 92% of the world’s countries (177 out of 193) recognize the right to a healthy environment - Recognized through constitutions, laws, court decisions, or international treaties and declarations (p. 2) Government of Canada does not recognize Canadians right to clean water, clean air, and a healthy environment. (p. 3) Five reasons why the right to a healthy environment should be recognized: (p. 4) I. Environmental protection has evolved into a fundamental value held by the overwhelming majority of Canadians o 9 out of 10 Canadians worry about the impacts of environmental degradation on their health and the health of their children and grandchildren (p. 5) o 9 out of 10 Canadians are concerned about climate change, the loss of biodiversity, and pollution o 9 out of 10 Canadians believe that sustainability should be a national priority o 8 out of 10 Canadians think we need stricter laws and regulations to protect the environment o 95% of Canadians think that access to clean water is a basic human right o World Values Survey – Canadians favor environmental protection over economic growth and job creation o 85% of Canadians participate regularly in nature-related activities II. There is an urgent need to improve Canada’s poor environmental performance and preserve this country’s magnificent landscapes, natural wealth, and biodiversity o Organization for Economic Cooperation (OECD) – Canada ranks 24 out of 25 countries on environmental performance  Criticisms of Canada’s weak laws and policies, perverse subsidies for unsustainable industries th o Conference Board of Canada – ranked Canada 15 out of 17 countries on environmental performance o Myth of trade-off between strong envir