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This paper explores three questions surrounding environmental rights and the constitution

First, does the right to life, liberty, and security of the person, protected by section 7 of the canadian charter of rights and freedoms, protect a right to a healthy environment? And the tahltan central government for the eskay creek and the red chris mines These agreements operate under section 7 of the environmental assessment act. There is increasing evidence of environmental injustice in canada, where individuals and/or communities experience disproportionate levels of harm from pollution or do not share equally in the benefits a healthy environment has to offer (such as clean air and water).

Two proposed methods include the enactment of an environmental bill of rights and an amendment to the canadian charter of rights and freedoms (the charter) to constitutionalize an explicit right to a healthy environment However, there are limitations to both of these approaches. 53 section 7 is an obvious choice for anchoring environmental claims of this second sort The question is simply whether or not the rights protected under section 7 have ecological dimensions.

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See the tables of legislative changes for this act’s legislative history, including any changes not in force

To answer these questions, this paper analyzes the jurisprudence on section 7 of the charter in the environmental context to determine whether a right to a healthy environment is protected under the right to life, liberty and security of the person. You may accept all these cookies or choose only those categories of cookies that are acceptable to you.

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