Ecological constitutionalism within the Canadian context: Charter-ing international standards of the human right to a healthy environment

Abstract

The Strengthening Environmental Protection for a Healthier Canada Act (SEPHCA), Canada's most recent attempt at mobilising federal and provincial action, does not go far enough toward depoliticising environmental justice within its borders. Based on a comprehensive review of legislative and academic literature, the current paper argues for the codification of the right to a healthy environment to be enshrined in Canada's Charter of Rights and Freedoms. In doing so, Canada will realise the merits of ecological constitutionalism, meet the standards of the United Nations and the international human rights discourse, and realise its sustainable development goals in light of the triple planetary crisis.