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