Climate Change and the Right to a Healthy Environment in the Canadian Constitution

Abstract

This article discusses the first efforts of non-governmental organizations and Indigenous communities in Canada to force governments to move more aggressively to mitigate climate change through constitutional litigation. The claimants argue the failure of the Canadian government to implement adequate climate change policies violates the constitutionally protected rights under the Canadian Charter of Rights and Freedoms, such as the section 7 right to life and security of the person, and the section 15 right to equality. By comparing the developing Canadian actions to recent international jurisprudence in the Netherlands and the United States, the authors analyze the hurdles these claims will need to overcome to be successful at the Supreme Court of Canada — justiciability and whether the Charter even provides protection for environmental rights.