What Says Natural RIGHTS, PUBLIC PARTICIPATION

Environmental Law
Clean Environment Keeps Happy Lives Surrounded by Natural Components

Introductory
1 ENVIRONMENTAL RIGHTS, PUBLIC PARTICIPATION Environmental Law.

2 OVERVIEW Rights to Environmental Quality Legislative Basis for Environmental Rights to

Participate in Environmental Decision-production Environmental Reporting and Information
Sources Interactive Exercise 2: Interested Party (Erasmus) Moot

3 ENVIRONMENTAL RIGHTS Constitutional, semi established, enacted rights Substantive v.

Procedural: – Actual changes in needs and results of choices? – Civil freedom against
ecologically unsound legislative activities – Property right limiting others – Safeguards for the
interest of open/natural backers Issues encompassing natural rights: – Individual or group? –
Positive or negative? – Necessarily human-centric? – Duties? – Implications?
4 CONSTITUTIONAL ENVIRONMENTAL RIGHTS Canadian Charter of Rights and
Freedoms: 7. Everybody has the privilege to life, freedom and security of the individual and the
privilege not to be denied thereof aside from as per the standards of principal equity. 15. (1)
Every individual is equivalent under the watchful eye of and under the law and has the privilege
to the equivalent assurance and equivalent advantage of the law without separation and,
specifically, without segregation in view of race, national or ethnic root, shading, religion, sex,
age or mental or physical inability

5 Charter as ecological sword? Lockridge v. Ontario (Ministry of the Environment) Ongoing

application for legal audit, Ecojustice as direction Cumulative impacts of government-affirmed
contamination in Sarnia's Chemical Valley is debilitating strength of offended parties
(Aamjiwnaang First Nation individuals), abuses unavoidably ensured human rights Environment
Ministry's progressing endorsement of contamination in Sarnia damages their fundamental
human rights under areas 7 and 15 of the Charter, including the privilege to life, freedom and
security of the individual, and the privilege to uniformity Charter as contamination shield?
"Natural issues don't loan themselves to exact codification" Gonthier J in R. v. Canadian Pacific
Ltd. "Self-evident" social significance of natural security, and need to oblige an extensive variety
of earth destructive exercises "A strict prerequisite of drafting accuracy may well undermine the
capacity of the lawmaking body to accommodate a far reaching and adaptable administration"
Therefore, fundamental that courts "adopt a more respectful strategy" to Charter audit when the
ecological wellbeing and property harm are in danger CONSTITUTIONAL
ENVIRONMENTAL RIGHTS
6 Quebec's Environment Quality Act "each individual has a privilege to a solid situation and its
assurance, and to the insurance of the living species possessing it, to the degree accommodated
by this demonstration and the directions, requests, endorsements and approvals issued under...
this demonstration" s.4 Calvé choice – Trial level interlocutory order maintained on premise that
some legal cure required to guarantee regard for statutory ecological right "every individual has a
privilege to live in a refreshing situation in which biodiversity is protected, to the degree and air
conditioning cording to the norms gave by law" Quebec Charter of human rights and
opportunities s. 46.1 7 NWT's Environmental Rights Act "the general population of the
Northwest Territories have the privilege to a sound domain and a privilege to secure the
trustworthiness, organic decent variety and profitability of the biological systems in the
Northwest Territories" Any inhabitant has the right "to ensure nature and people in general trust
from the arrival of contaminants"

8 Ontario's Environmental Bill of Rights Preamble The general population of Ontario perceive
the inalienable estimation of the regular habitat. The general population of Ontario has a
privilege to an invigorating domain. The general population of Ontario have as a shared
objective the security, preservation and rebuilding of the regular habitat for the advantage of
present and who and what is to come. While the administration has the essential duty regarding
accomplishing this objective, the general population ought to have intends to guarantee that it is
accomplished in a successful, auspicious, open and reasonable way.
9 Ontario's Environmental Bill of Rights Purposes of Act (a) to secure, save and, where sensible,
reestablish the trustworthiness of the earth by the methods gave in this Act; (b) to give
manageability of condition by implies gave in this Act; (c) to ensure the privilege to stimulating
condition by implies gave in this Act Purpose of Part II 3. (1) This Part sets out least levels of
open interest that must be met before the Government of Ontario settles on choices on specific
sorts of naturally noteworthy proposition for arrangements, Acts, directions and instruments.

10 Ontario's Environmental Bill of Rights Right of activity 84.(1) Where a man has negated or
will unavoidably contradict an Act, control or instrument endorsed for the motivations behind
Part V and the real or up and coming repudiation has caused or will inescapably make
noteworthy mischief an open asset of Ontario, any individual inhabitant in Ontario may acquire
an activity against the individual the court in regard of the damage and is qualified for judgment
if fruitful. Ventures before the activity: application for examination (2) … an activity may not be
brought under this segment in regard of a real contradiction unless the offended party has
connected for an examination concerning the repudiation under Part V and, (a) has not gotten
one of the reactions required under areas 78 to 80 inside a sensible time; or (b) has gotten a
reaction under segments 78 to 80 that isn't sensible.
11 Ontario's Environmental Bill of Rights No legal survey 118. (1) Except as gave in segment 84
and subsection (2) of this area, no activity, choice, inability to make a move or inability to settle
on a choice by a priest or his or her delegate under this Act might be assessed in any court.
Exemption (2) Any individual occupant in Ontario may influence an application for legal audit
under the Judicial Review Procedure To follow up on the grounds that a clergyman or his or her
delegate flopped on a very basic level to consent to the prerequisites of Part II regarding a
proposition for an instrument.

12 Bill C-469 Canadian Environmental Bill of Rights Private part's bill presented in 2010 by
Linda Duncan MP (Edmonton-Strathcona) bolstered by Ecojustice 9. (1) Every occupant of
Canada has a privilege to a solid and biologically adjusted condition. (2) The Government of
Canada has a commitment, inside its locale, to ensure the privilege of each occupant of Canada
to a sound and biologically adjusted condition. (3) The Government of Canada is the trustee of
Canada's condition inside its locale and has the commitment to protect it as per people in general
trust for the advantage of present and who and what is to come.

13 Bill C-469 Public Participation Rights 11. Each inhabitant of Canada has an enthusiasm for
ecological assurance and the Government of Canada should not deny any occupant remaining to
take an interest in natural basic leadership or to show up under the watchful eye of the courts in
ecological issues exclusively in light of the fact that they do not have a private or exceptional
legitimate enthusiasm for the issue. 12....the Government of Canada should guarantee open doors
for viable, educated and opportune open investment in basic leadership identified with
approaches or Acts of Parliament...
14 Bill C-469 Reviews and Investigations 13. (1) Any inhabitant of Canada or element that trusts
that a current strategy or an Act of Parliament or a control... ought to be changed, canceled, or
repudiated, or that another arrangement or Act or another direction... ought to be made or gone
with a specific end goal to secure the earth, may apply to the Commissioner for a survey by the
Minister capable... 14. (1) Any occupant of Canada or element that trusts that an Act of
Parliament or a direction... identified with the earth has been repudiated may apply to the
Commissioner for an examination of the affirmed offending by the Minister capable...

15 Bill C-469 Environmental Protection Action 16. (1) Every occupant of Canada or substance
may look for a response in the Federal Court to ensure the earth by bringing a natural assurance
activity against the Government of Canada for (a) neglecting to satisfy its obligations as trustee
of the earth; (b) neglecting to uphold an ecological law; or (c) damaging the privilege to a solid
and biologically adjusted condition.

16 Entrenching Environmental Rights On tario EBR might be the high-water check as far as
settling in ecological rights Ecojustice/David Suzuki Foundation is currently upholding a
government natural bill of rights like Bill C-469 Is this value the exertion? Should administrative
support endeavors be more valuable sent somewhere else?
17 Public Participation Rights in Environmental Decision-production Participation rights
Funding Interested gathering assurance Citizen rights to sue and request of for examinations

18 Why Public Participation? (Sinclair, Doelle) Individual is strengthening Ensure venture

addresses open issues Assigns authenticity to extend Provides roads for compromise Provides
gathering for nearby learning Provides for more far reaching thought of variables in choices
Recognizes real part of influenced open in choices

19 Why Not Public Participation? 20 Public Participation in CEAA 2012 "AND WHEREAS the
Government of Canada is focused on encouraging open support in the ecological appraisal of
undertakings to be completed by or with the endorsement or help of the Government of Canada
and giving access to the data on which those natural evaluations are based"

Conclusion-
Rights to Environmental Quality Legislative Basis for Environmental Rights to Participate in
Environmental Decision-production Environmental Reporting and Information Sources
Interactive Exercise. Actual changes in needs and results of choices? – Civil freedom against
ecologically unsound legislative activities – Property right limiting others – Safeguards for the
interest of open/natural backers Issues encompassing natural rights.