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Environmental Justice And The Hesitant Embrace Of Human Rights, Dayna Nadine Scott
Environmental Justice And The Hesitant Embrace Of Human Rights, Dayna Nadine Scott
Articles & Book Chapters
This chapter explores some of the tensions inherent in employing ‘rights strategies’ in environmental justice movements. Using the example of a judicial review application brought by Indigenous environmental justice activists in Canada demonstrates the symbolic power of using rights-based language for environmental justice, but also underscores the serious procedural, logistical and resource barriers that frustrate these groups in their attempts to deploy litigation tactics. Legal scholars need to think critically about ‘rights-talk’ and confront the hard questions about its utility for advancing environmental justice. In working with communities, we must learn to listen to what communities want before we default …
Approach To Constitutional Principles And Environmental Discretion In Canada, Lynda Collins, Lorne Sossin
Approach To Constitutional Principles And Environmental Discretion In Canada, Lynda Collins, Lorne Sossin
Articles & Book Chapters
One of the most important and least scrutinized areas of environmental policy is the exercise of administrative discretion. Those committed to environmental action tend to focus on law reform, international treaties, and political commitments - for example, election proposals for carbon taxes and pipelines, or environmental protections in global protocols and trade agreements. Many proponents of stronger environmental protection have focused their attention on the goal of a constitutional amendment recognizing an explicit right to a healthy environment, while others seek recognition of environmental protection within existing Charter rights. As the rights conversation evolves, advocates must continue to grapple with …