The federal Liberals have introduced a bill in the Senate that they would enshrine a legal “right to a healthy environment.”.Blacklock’s Reporter says MPs defeated a similar New Democrat measure two years ago..Bill S-5 An Act To Amend The Canadian Environmental Protection Act would rewrite the preamble to the 1999 Act to state: “The Government of Canada recognizes every individual has a right to a healthy environment as provided under this Act.”.The Environment department in a statement said the reference “would lead to strong protections for Canadians no matter who they are or where they live.”.The Commons last March 24 by a 272-61 vote rejected a similar New Democrat proposal..Courts nationwide to date have dismissed repeated claims that environmental protection is a human right. The Library of Parliament in a 2019 report questioned whether “environmental rights” could be written into law..“It is well established that corporations can be held responsible for violating environmental laws and regulations and that certain government decisions can be challenged for being procedurally unfair,” said the report..“However challenging complex national environmental government policy based on human rights would raise additional considerations.”.Cabinet’s Bill S-5 also proposed the environment department publish a Watch List of chemicals and substances that regulators “have reason to suspect are capable of becoming toxic or that have been determined to be capable of becoming toxic.”.The department last May 18 was sued in Federal Court after it blacklisted plastic as toxic under the Environmental Protection Act..“All plastic manufactured items” including toys, textiles, kitchen appliances, carpets, bottling and packaging were blacklisted under the Act alongside asbestos, lead and mercury..A coalition of oil and chemical companies sued to overturn the order as “based on conjecture, not science.”.“The definition of ‘plastic manufactured items’ is an impossibly broad term that captures thousands of products essential to modern living from medical equipment to food packaging to personal protective equipment,” industry lawyers wrote the court.
The federal Liberals have introduced a bill in the Senate that they would enshrine a legal “right to a healthy environment.”.Blacklock’s Reporter says MPs defeated a similar New Democrat measure two years ago..Bill S-5 An Act To Amend The Canadian Environmental Protection Act would rewrite the preamble to the 1999 Act to state: “The Government of Canada recognizes every individual has a right to a healthy environment as provided under this Act.”.The Environment department in a statement said the reference “would lead to strong protections for Canadians no matter who they are or where they live.”.The Commons last March 24 by a 272-61 vote rejected a similar New Democrat proposal..Courts nationwide to date have dismissed repeated claims that environmental protection is a human right. The Library of Parliament in a 2019 report questioned whether “environmental rights” could be written into law..“It is well established that corporations can be held responsible for violating environmental laws and regulations and that certain government decisions can be challenged for being procedurally unfair,” said the report..“However challenging complex national environmental government policy based on human rights would raise additional considerations.”.Cabinet’s Bill S-5 also proposed the environment department publish a Watch List of chemicals and substances that regulators “have reason to suspect are capable of becoming toxic or that have been determined to be capable of becoming toxic.”.The department last May 18 was sued in Federal Court after it blacklisted plastic as toxic under the Environmental Protection Act..“All plastic manufactured items” including toys, textiles, kitchen appliances, carpets, bottling and packaging were blacklisted under the Act alongside asbestos, lead and mercury..A coalition of oil and chemical companies sued to overturn the order as “based on conjecture, not science.”.“The definition of ‘plastic manufactured items’ is an impossibly broad term that captures thousands of products essential to modern living from medical equipment to food packaging to personal protective equipment,” industry lawyers wrote the court.
