Obiter Dicta Issue 6 - November 9, 2016 | Page 6

OPINION 6  Obiter Dicta Recognizing Environmental Rights Environmental Sustainability in the Sustainable Development Goals ê Photo credit: United Nations jerico espinas › staff writer I nternational discussions on environmental sustainability has increased since the unanimous passing of the Sustainable Development Goals (SDGs) in September. Given the SDG’s broad approach to addressing the connection between international development and the environment, countries are looking for opportunities to discuss realistic ways to implement these goals. As such, many world leaders are preparing for the 2015 UN Climate Change Conference, which is scheduled to occur in Paris from November 30 to December 11. The topic of the conference itself is not new; as it will be the 21st meeting between UN members to discuss the environment since the 1992 United Nations Framework Convention on Climate Change. It is, however, the first conference to provide insight into how environmental sustainability can be implemented both domestically and internationally. An important issue surrounding environmental sustainability and international development is the recognition of environmental rights. The Stockholm Declaration on the Human Environment in 1972 historically proclaimed that “[mankind] has a fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being.” Since then, many countries have attempted to recognize environmental rights in their legal system by creating environmental legislation and constitutional provisions. Having domestic recognition of environmental rights is significant in improving environmental outcomes. Explicit recognition often leads to stronger environmental regulations, better enforcement by proper authorities, and more informed court decisions that set strong precedents for environmental protection. Many countries have also improved their approach to addressing pollution, minimizing waste, providing safe drinking water, and other environmental issues by studying countries with strong environmental policies. Canada is no exception to these changes. Although Parliament failed to pass Bill C-469, the Canadian Environmental Bill of Rights, some provinces and territories have explicitly recognized environmental rights. In Quebec, there is the Environmental Quality Act, which was passed in 1978 and was included in the provincial Charter of Human Rights and Freedoms in 2006. In Ontario, there is the Environmental Bill of Rights, which came into effect in 1993 and recognized “the inherent value of the natural environment” and “a right to a healthful environment.” Additionally, all three territories have environmental rights legislation. In this way, Canada joins, at least in part, an international conversation surrounding the protection of the environment. International bodies have also enacted treaties that recognize environmental rights, with different agreements and procedures discussing key environmental issues such as toxic waste, Indigenous rights, and climate change. Notably, there are no international doctrines that explicitly consider the right to a healthy environment as a universal human right, with some controversy over the effects of officially elevating it to such a status. However, there are clear connections between the two. For example, many international environmental procedures w W&P