RESOURCES - THE RIGHT TO A HEALTHY ENVIRONMENT: FEDERAL BILL S-5, 2023 AMENDING THE CANADIAN

7 As the commentators and the Supreme Court of Canada This development builds on the success of the UN have made clear, this kind of preamble can have effect in Human Rights Council’s passage of “a resolution interpreting the operative provisions of an amended recognising access to a healthy and sustainable CEPA. [...] A “interested persons”,2 and the implementation framework key issue for the Supreme Court of Canada involved must be included in the Minister’s CEPA annual report.3 statutory interpretation to determine the scope of the Municipal Act enabling provision, and the potential The implementation framework required by the conflict between this provision and other provincial amendments to CEPA must “elabo. [...] “Every person has the right to life, liberty and In Ontario, the Court of Appeal ruled that an NGO security of the person and the right not to be challenging the validity of the federal Nuclear Liability deprived thereof except in accordance with Act30 had standing and a reasonable cause of action fundamental justice”. [...] based on infringement of the section 7 right to security of the person.31 Yet, ultimately the heavy costs of funding The Supreme Court of Canada has referred to section the challenge forced the NGO and co-plaintiffs to 7’s right to “life” as engaged where the law or state action abandon the appeal. [...] Proof that the activity or action is an “element of a practice, custom or tradition integral to the In 2008, the Alberta Court of Appeal granted leave to distinctive culture of the aboriginal group appeal a sour gas well approval decision on the ground claiming the right.”37 that nearby residents’ section 7 rights to life and security R E S O U R CES 4 The latter requires the element of distinctiv.