By Kristen Theriault
Victor Internship in Environmental Law, JD Candidate, Osgoode Hall Law School
CELA joins advocates for social justice, environmental protection, and public health in celebrating the passage of Bill C-226 by both chambers of parliament. At the time of writing, it is awaiting Royal Assent.
This is a vital first step toward addressing the pervasive problem of environmental racism in Canada. It requires that the government study the links between race, socio-economic status, and environmental risk and mandates the development and implementation of Canada’s first national strategy on environmental racism and environmental justice.
What is Environmental racism?
Environmental racism refers to the disproportionate burden of environmental pollution on Indigenous, Black, and other racialized communities, and uneven access to nature and environmental benefits. The UN Special Rapporteur on Toxic Wastes and Human Rights noted in a 2020 report to the Human Rights Council, “a pattern in Canada where marginalized groups, and Indigenous peoples in particular, find themselves on the wrong side of a toxic divide, subject to conditions that would not be acceptable elsewhere in Canada.”[1] Racialized and Indigenous communities have too often been shut out of decision-making processes that directly affect the environment in which they live, learn, and work, the result being they bear a disproportionate share of adverse health effects along with being subject to some of the harshest consequences of the climate crisis.
On-the-ground effects of Bill C-226
It can be difficult to hold governments accountable for failing to protect the environment and human health. Decisions such as where to locate a waste site, which industries are allowed to routinely exceed emissions standards, and site selection for environmental infrastructure projects are generally made in a discretionary manner, often to the detriment of already vulnerable communities. Bill C-226 is a move in the right direction toward a more transparent, inclusive, and accountable system for environmental decision-making. CELA supports creating opportunities for marginalized communities to engage in the process of defining environmental concerns more fully and contributing their voice to potential solutions, but more importantly, to have that input carry weight and underpin decision-making. A national strategy on environmental racism can function as a proactive step toward identifying and eradicating “Sacrifice Zones”[2] in a more timely and comprehensive way. Our hope is that all levels of government, industries, and other stakeholders will be held accountable and take meaningful action to get the real work done toward ending environmental racism.
Reflection of CELA’s mandate and current work
Bill C-226 is a reflection of years of advocacy by social justice, environmental protection, and public health organizations, and importantly, of the work done by local community leaders to bring attention to the critical issue of environmental racism. As a legal aid clinic, CELA’s top priority is to represent those who receive less of a say in decision-making. We work to protect human health and our environment by seeking justice for those harmed by pollution and by working to change policies to prevent such problems in the first place. We are pleased to endorse Bill C-226, we look forward to working alongside affected communities on an inclusive and transparent national strategy to address environmental racism, and we will continue to actively help communities in holding governments accountable for their environmental decisions.
[1] Report of the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes. Human Rights Council, Forty-fifth session (14 September–2 October 2020), Agenda item 3
[2] Defined as areas where low-income, Indigenous and racialized communities shoulder more than their fair share of environmental harms related to pollution, contamination, toxic waste, and heavy industry. See Dayna Nadine Scott and Adrian A. Smith. “Sacrifice Zones” in the Green Energy Economy: Toward an Environmental Justice Framework”. (2017) 62:3 McGill LJ 861 — (2017) 62:3 RD McGill 861.
Image courtesy of @UlyssePixel via Canva.com
Blog: CELA Celebrates the Passage of Bill C-226 – National Strategy Respecting Environmental Racism and Environmental Justice Act
By Kristen Theriault
Victor Internship in Environmental Law, JD Candidate, Osgoode Hall Law School
CELA joins advocates for social justice, environmental protection, and public health in celebrating the passage of Bill C-226 by both chambers of parliament. At the time of writing, it is awaiting Royal Assent.
This is a vital first step toward addressing the pervasive problem of environmental racism in Canada. It requires that the government study the links between race, socio-economic status, and environmental risk and mandates the development and implementation of Canada’s first national strategy on environmental racism and environmental justice.
What is Environmental racism?
Environmental racism refers to the disproportionate burden of environmental pollution on Indigenous, Black, and other racialized communities, and uneven access to nature and environmental benefits. The UN Special Rapporteur on Toxic Wastes and Human Rights noted in a 2020 report to the Human Rights Council, “a pattern in Canada where marginalized groups, and Indigenous peoples in particular, find themselves on the wrong side of a toxic divide, subject to conditions that would not be acceptable elsewhere in Canada.”[1] Racialized and Indigenous communities have too often been shut out of decision-making processes that directly affect the environment in which they live, learn, and work, the result being they bear a disproportionate share of adverse health effects along with being subject to some of the harshest consequences of the climate crisis.
On-the-ground effects of Bill C-226
It can be difficult to hold governments accountable for failing to protect the environment and human health. Decisions such as where to locate a waste site, which industries are allowed to routinely exceed emissions standards, and site selection for environmental infrastructure projects are generally made in a discretionary manner, often to the detriment of already vulnerable communities. Bill C-226 is a move in the right direction toward a more transparent, inclusive, and accountable system for environmental decision-making. CELA supports creating opportunities for marginalized communities to engage in the process of defining environmental concerns more fully and contributing their voice to potential solutions, but more importantly, to have that input carry weight and underpin decision-making. A national strategy on environmental racism can function as a proactive step toward identifying and eradicating “Sacrifice Zones”[2] in a more timely and comprehensive way. Our hope is that all levels of government, industries, and other stakeholders will be held accountable and take meaningful action to get the real work done toward ending environmental racism.
Reflection of CELA’s mandate and current work
Bill C-226 is a reflection of years of advocacy by social justice, environmental protection, and public health organizations, and importantly, of the work done by local community leaders to bring attention to the critical issue of environmental racism. As a legal aid clinic, CELA’s top priority is to represent those who receive less of a say in decision-making. We work to protect human health and our environment by seeking justice for those harmed by pollution and by working to change policies to prevent such problems in the first place. We are pleased to endorse Bill C-226, we look forward to working alongside affected communities on an inclusive and transparent national strategy to address environmental racism, and we will continue to actively help communities in holding governments accountable for their environmental decisions.
[1] Report of the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes. Human Rights Council, Forty-fifth session (14 September–2 October 2020), Agenda item 3
[2] Defined as areas where low-income, Indigenous and racialized communities shoulder more than their fair share of environmental harms related to pollution, contamination, toxic waste, and heavy industry. See Dayna Nadine Scott and Adrian A. Smith. “Sacrifice Zones” in the Green Energy Economy: Toward an Environmental Justice Framework”. (2017) 62:3 McGill LJ 861 — (2017) 62:3 RD McGill 861.
Image courtesy of @UlyssePixel via Canva.com
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