The Need for a Right to a Healthy Environment
Many Canadians might think they have the right to a healthy environment – which includes fresh air, clean water, and a natural environment that supports people and our planet – in our laws. This is unfortunately not the case. Unlike over 100 countries that do have constitutional recognition and protections for a healthy environment Canadians do not have this right in our laws. Environmental groups in Canada have been pressing the federal government for this right.
Progress was made when the federal Liberal government introduced Bill C-28 in April of 2021. The bill included recognizing this right. Unfortunately, this bill died when the federal election was called. Here is why the right to a healthy environment needs to be accepted by parliament.
Pollution Costs
Releasing toxic substances into the environment results in lower quality of life through sickness and death, increased health care costs, and decreased asset value. A recent 2015 report prepared by the International Institute for Sustainable Development (IISD) estimated the cost of pollution to be at least $39 billion annually. In addition, Health Canada recently stated (in a 2021 report) that the cost of just air pollution in 2016 was about $120 billion. A right to a healthy environment with provisions to eliminate air and water pollution can help reduce these pollution-related costs significantly.
Health
When it comes to diseases consider the Canadian Association of Physicians for the Environment (CAPE) website which discusses the linkage between disease and exposure to air pollution, pesticides and herbicides, and substances in personal care products. An example from the website notes that sources of local pollution (from automobile manufacturing, heavy vehicle use, and other sources) in the Windsor, Ontario area have resulted in significantly higher incidences of several different diseases.
The CAPE website states that “if Canada meets its climate targets, we will save an estimated 112,000 lives between 2030 and 2050 due to air quality improvements alone.” We need proactive measures by enacting a right to a healthy environment to make sure all our environments are health-friendly instead of reacting after diseases occur.
Environmental Racism
When it comes to toxic environments some communities have been disproportionally affected. Author Ingrid Waldron documents cases of environmental racism across Canada in her 2018 book entitled “There’s Something in the Water: Environmental Racism in Indigenous & Black Communities”.
One example is the Aamjiwnaang First Nation near Sarnia’s chemical valley which possesses about 40% of Canada’s chemical industry. The first nation carries one of Canada’s highest air pollution load. Health impacts include 22% of children on the reserve having asthma compared to 8.2% in the neighbouring areas.
Having a right to a healthy environment in law would help address environmental racism by making sure that vulnerable communities and individuals live with levels of pollutants that do not impair health.
It’s More Than Pollution
We need this right to protect nature too. Here are a few of the many reasons. Protecting biodiversity helps to produce medicines. According to one estimate, we lose at least one potential major drug every two years due to the loss of plant biodiversity. Biodiversity also ensures diversity of foods each with a unique nutrient composition. Next, consider the role played by carbon sinks such as our oceans, forests, and soils which absorb significant amounts of carbon dioxide emitted by humans. These sinks need to be protected to fight climate change and are threatened by human actions. Third, the destruction of wildlife habitats for human use results in greater interactions between wildlife and humans. This results in the spread of diseases from wildlife to humans.
Recommendations
Here are concrete recommendations which will be easier to achieve with a right to a healthy environment:
- Requiring legally enforceable national standards for air quality and drinking water
- Adopting a safe substitute principle approach requiring the use of a safer substitute chemical in our products when available instead of a toxic chemical
- Better accounting of environmental impacts on vulnerable populations when performing environmental risk assessments
Having a right to a healthy environment in law will help keep Canadians safe and healthy. On October 8, 2021, the United Nations Human Rights Council recognized the human right to a clean, healthy and sustainable environment as an important human right. It’s time Canada recognized this right as well.
