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Canada has abundant natural wealth -- beautiful landscapes, vast forests, and thousands of rivers and lakes. The land defines Canadians as a people, yet the country has one of the worst environmental records in the industrialized world. Building on his previous book, The Environmental Rights Revolution (2012), David R. Boyd, one of Canada’s leading environmental lawyers, describes how recognizing the constitutional right to a healthy environment could have a transformative impact by empowering citizens, holding governments and industry accountable, and improving Canada’s green record. The overwhelming majority of the world’s nations now recognize environmental rights through laws, constitutions, treaties, or court decisions. Boyd explores Canada’s history of failed efforts to do the same within this international context and offers three pathways to constitutional recognition of the right to a healthy environment. This important and provocative book provides a blueprint for renewed leadership in protecting human health, the well-being of the planet, and the interests of future generations.
The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.
While governments assert that Canada is a world leader in sustainability, Unnatural Law provides extensive evidence to refute this claim. A comprehensive assessment of the strengths and weaknesses of Canadian environmental law, the book provides a balanced, critical examination of Canada's record, focusing on laws and policies intended to protect water, air, land, and biodiversity. Three decades of environmental laws have produced progress in a number of important areas, such as ozone depletion, protected areas, and some kinds of air and water pollution. However, Canada's overall record remains poor. In this vital and timely study, David Boyd explores the reasons why some laws and policies foster progress while others fail. He ultimately concludes that the root cause of environmental degradation in industrialized nations is excessive consumption of resources. Unnatural Law outlines the innovative changes in laws and policies that Canada must implement in order to respond to the ecological imperative of living within the Earth's limits. The struggle for a sustainable future is one of the most daunting challenges facing humanity in the 21st century. Everyone - academics, lawyers, students, policy-makers, and concerned citizens - interested in the health of the Canadian and global environments will find Unnatural Law an invaluable source of information and insight. For more information on Unnatural Law visit David Boyd's site, www.unnaturallaw.com.
This book shows why a fundamental right to an adequate environment ought to be provided in the constitution of any modern democratic state. It explains why the right to an environment adequate for one's health and well-being is a genuine human right and why it ought to be constitutionalised.
A comprehensive and systematic guide to environmental rights and their relationship with standards of protection globally, nationally and locally.
Canadian Environmental Philosophy is the first collection of essays to take up theoretical and practical issues in environmental philosophy today, from a Canadian perspective. The essays cover various subjects, including ecological nationalism, the legacy of Grey Owl, the meaning of “outside” to Canadians, the paradigm shift from mechanism to ecology in our understanding of nature, the meaning and significance of the Anthropocene, the challenges of biodiversity protection in Canada, the conservation status of crossbred species in the age of climate change, and the moral status of ecosystems. This wide range of topics is as diverse and challenging as the Canadian landscape itself. Given the extent of humanity's current impact on the biosphere – especially evident with anthropogenic climate change and the ongoing mass extinction – it has never been more urgent for us to confront these environmental challenges as Canadian citizens and citizens of the world. Canadian Environmental Philosophy galvanizes this conversation from the perspective of this place.
In this in-depth analysis of First Nations opposition to the oil sands industry, James Heydon offers detailed empirical insight into Canadian oil sands regulation. The environmental consequences of the oil sands industry have been thoroughly explored by scholars from a variety of disciplines. However, less well understood is how and why the provincial energy regulator has repeatedly sanctioned such a harmful pattern of production for almost two decades. This research monograph addresses that shortcoming. Drawing from interviews with government, industry, and First Nation personnel, along with an analysis of almost 20 years of policy, strategy, and regulatory approval documents, Sustainable Development as Environmental Harm offers detailed empirical insight into Canadian oil sands regulation. Providing a thorough account of the ways in which the regulatory process has prioritised economic interests over the land-based cultural interests of First Nations, it addresses a gap in the literature by explaining how environmental harm has been systematically produced over time by a regulatory process tasked with the pursuit of ‘sustainable development’. With an approach emphasizing the importance of understanding how and why the regulatory process has been able to circumvent various protections for the entire duration in which the contemporary oil sands industry has existed, this work complements existing literature and provides a platform from which future investigations into environmental harm may be conducted. It is essential reading for those with an interest in green criminology, environmental harm, indigenous rights, and regulatory controls relating to fossil fuel production.
Distributed by the Government of Canada Depository Services Program.