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VIEW: Water should be recognized in the Charter of Rights, says Ecojustice and DSF

Devon Page

Devon Page

In today’s Globe and Mail, Ecojustice executive director Devon Page and Suzuki Foundation CEO Peter Robinson write, “Every Canadian should have the right to clean air, water, food and land. In fact, most of us think we do. We don’t. …The (Canadian) Constitution is silent on safeguarding our air, water and food, which are the very elements of our survival. In an era of global warming and mass industrial pollution, this means Canadians’ rights – which are supposed to be guaranteed by the Charter (of Rights and Freedoms) – are increasingly threatened without recognition of our right to a healthy environment.”

Peter Robinson

“Canada stands in stark contrast to more than 140 countries that have added environmental protections to their constitutions. Ninety of these, including Norway and France, now explicitly recognize the right to a healthy environment. …(And) a million Argentines living near the Riachuelo-Matanza, one of South America’s most polluted rivers, now have access to clean drinking water after citizens used their right to a healthy environment to sue laggard governments and polluting industries. Some companies have shut down their operations; the government has committed to monitoring water, air and soil quality.”

“With our abundant wilderness and fresh water, it’s easy for Canadians to assume that we all have access to the things we need to survive. But in 2000, seven people died in Walkerton, Ont., after drinking water tainted by E. coli. Twelve years later, the federal government has yet to develop national water standards that would ensure access to clean drinking water for all Canadians. That’s a problem for first nations such as Attawapiskat – and hundreds of other small and rural communities where government advisories warn residents to boil their water before drinking it.”

“Last fall, the World Health Organization found that the people of Sarnia, Ont., breathe the most polluted air in Canada. Sarnia is home to Chemical Valley, a place where a petrochemical company spews toxic pollutants across the street from where children play basketball. It’s also home to Ron Plain and Ada Lockridge. Ron and Ada are suing the Ontario government for failing to consider the effects on their health before approving more pollution in their community.”

“Recognizing every Canadian’s right to a healthy environment in the Charter would do several things to help protect us from these kinds of problems, according to David Boyd, one of Canada’s leading experts on environmental rights. It would oblige our governments to respect this right by creating and enforcing stronger environmental laws. A constitutional right that applies to all Canadians equally and is enforceable by the courts also holds decision-makers accountable at the highest level for protecting human health and the environment. This new right would dovetail with other Charter rights that promote a democratic society by empowering citizens and civil society to participate in decisions that affect our shared resources.”

Their op-ed can be read at http://www.theglobeandmail.com/news/opinions/opinion/every-canadians-eco-rights-need-charter-protection/article2405657/?utm_medium=Feeds%3A%20RSS%2FAtom&utm_source=Politics&utm_content=2405657.

Note – On March 20, 2012, the UN Human Rights Council adopted a resolution that established the position of an independent expert on “the issue of human rights obligations related to the enjoyment of a safe, clean, healthy and sustainable environment”. Maldives, Costa Rica and Switzerland tabled the resolution and the Council adopted it by consensus, with more than 80 States co-sponsoring.