Constitutional environmental protection: moving forward instead of backward
Canada is one of a shrinking minority of countries whose supreme law, the Constitution, is silent on the environment. Environmental rights and/or responsibilities are now found in the constitutions of more than 150 nations.
It’s the environment: David R. Boyd writes that Bills C-38 and C-45 would have been identified as unconstitutional by the Department of Justice and removed before these laws were introduced if Canada included environmental protection in its Constitution. Bills C-38 and C-45 substantially weakened the Canadian Environmental Assessment Act, Navigable Waters Protection Act and the Fisheries Act, while also eliminating the Kyoto Protocol Implementation Act, he writes.Photograph courtesy of David R. Boyd