Legal Rights to a Healthy Environment

The members of the Board of Directors are appointed by the Faculty of Law at the University of Calgary and the President of the University of Calgary. [...] However, the provision that received the most attention was not substantive; it was an addition to the CEPA’s preamble that added the following: “Whereas the Government of Canada recognizes that every individual in Canada has a right to a healthy environment as provided under the Act.”3 Further, explicit preambular recognition was given to “the role of science”4 in the protection of the environmen. [...] Article 3 of the Basic Environment Law provides that: Environmental conservation shall be conducted appropriately to ensure that the present and future generations of human beings can enjoy the blessings of a healthy and productive environment and that the environment as the foundation of human survival can be preserved into the future, in consideration that preserving the healthy and productive e. [...] In Ontario, the Court of Appeal ruled that an NGO challenging the validity of the federal Nuclear Liability Act67 had standing and a reasonable cause of action based on infringement of the section 7 right to security of the person.68 However, ultimately the heavy costs of funding the challenge forced the NGO and co-plaintiffs to abandon this appeal. [...] Identifying the nature of the Aboriginal right claimed in view of, “the nature of the action which the applicant is claiming was done pursuant to the Aboriginal right, the nature of the government regulation, statute or action being impugned, and the custom or tradition being relied upon to establish the right;”82 and 76 Nickie Vlavianos, The Potential Application of Human Rights law to Oil and Ga.