Indigenous Environmental Rights in Canada: The Right to Conservation Implicit in Treaty and Aboriginal Rights to Hunt, Fish and Trap

2010 ◽  
Author(s):  
Lynda Margaret Collins ◽  
Meghan Murtha
Keyword(s):  
Aboriginal Rights ◽  
Environmental Rights ◽  
The Right

scholarly journals Indigenous Environmental Rights in Canada: The Right to Conservation Implicit in Treaty and Aboriginal Rights to Hunt, Fish, and Trap

2010 ◽  
pp. 959 ◽  
Author(s):  
Lynda M. Collins ◽  
Meghan Murtha
Keyword(s):  
Aboriginal Peoples ◽  
Treaty Rights ◽  
Aboriginal Rights ◽  
Environmental Rights ◽  
Environmental Preservation ◽  
General Law ◽  
Central Argument ◽  
The Right ◽  
Subsistence Activities

This article is an exploration of Aboriginal and treaty rights strategies for protecting Indigenous environmental rights in Canada. The analysis begins with an outline of the problem, and the shortcomings of the available general law avenues. The authors then argue for the existence of a constitutionalized right to environmental preservation implicit in treaty and Aboriginal rights to hunt, fish, and trap. The article explores the theoretical, historical, and precedential support for this proposition. The central argument is that in securing the right to hunt, fish, and trap, Aboriginal peoples were in fact contracting for the continued existence of their traditional subsistence activities. These practices could not survive without the preservation of the ecosystems on which they depend, and the harvesting rights must therefore be seen to encompass a right to such preservation. Examination of the specific histories of treaty-making in Canada reveals that in many if not most cases, both the Crown and the Aboriginal signatories understood this substantive protection to be a part of the treaty guarantees. The authors then present a brief articulation of the corresponding Aboriginal right to conservation.

The Emergence of Climate Litigation in the Global South

2020 ◽  
Vol 114 ◽  
pp. 85-86
Author(s):  
Jolene Lin
Keyword(s):  
Global South ◽  
Right To Life ◽  
Environmental Rights ◽  
Healthy Environment ◽  
The Right

Climate litigation in the Global South tends to be couched in rights-based clams including the right to life and a clean and healthy environment. Jolene Lin explained that this is in part due to the fact that many jurisdictions in the Global South have embedded environmental rights in their constitutions and, in some cases, courts have interpreted the right to life to include the right to a clean and healthy environment.

Giving effect to the human right to a clean environment in Botswana

2021 ◽  
Vol 23 (1) ◽  
pp. 23-39
Author(s):  
Tinashe Madebwe ◽  
Emma Chitsove ◽  
Jimcall Pfumorodze
Keyword(s):  
Environmental Protection ◽  
The State ◽  
Human Right ◽  
Environmental Rights ◽  
Environmental Deterioration ◽  
Clean Environment ◽  
The World ◽  
The Right

Environmental deterioration remains a concern in Botswana. Despite efforts being made to address this issue by the state, more needs to be done in this regard. This is particularly interesting in the light of reports that the country is looking to draft a new constitution. Against this backdrop, this article considers whether including environmental rights in Botswana’s constitution would advance environmental protection efforts. To this end, the article relies on experiences with rights drawn from different jurisdictions across the world, as well as commentary on these experiences, to build a tool for measuring the extent to which the turn to environmental rights holds value in a given jurisdiction. Using this tool, and drawing from experiences in looking to establish environmental rights in Botswana, the article measures the extent to which including the right in the constitution would hold value in advancing Botswana’s pursuit of environmental protection objectives.

Culture and the Courts: A New Direction in Canadian Jurisprudence on Aboriginal Rights?

2001 ◽  
Vol 34 (1) ◽  
pp. 109-129 ◽  
Author(s):  
Michael Murphy
Keyword(s):  
Supreme Court ◽  
Legal Status ◽  
Well Being ◽  
Aboriginal Peoples ◽  
Aboriginal Rights ◽  
Aboriginal Communities ◽  
Legal Recognition ◽  
The Right

This article explores the implications of changes in Canadian Supreme Court jurisprudence on Aboriginal rights since the 1990s. While recognizing the Court's valuable contributions in the period from Calder to Sparrow, the author argues that the 1996 Van der Peet decision deals a serious blow to the legal status of Aboriginal rights, particularly the right to self-government. The standard of legal recognition established in Van der Peet constitutes a decided step back from the Court's prior jurisprudence, and is insufficient as a means of securing its stated ends: the survival and well-being of Aboriginal communities and cultures. The author concludes by arguing that the Court can repair the recent damage it has done to Aboriginal rights by revisiting the concept of the quasinational status granted to Aboriginal peoples within the context of the sui generis Crown-Aboriginal relationship.

PECULIARITIES OF GUARANTEES OF REALIZATION OF ECOLOGICAL RIGHTS AND FREEDOMS OF HUMAN AND CITIZENS IN UKRAINE: QUESTIONS OF THEORY

2017 ◽  
Author(s):  
Halyna Pryshliak ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Full Range ◽  
International Standards ◽  
Soviet Society ◽  
The European Union ◽  
Environmental Rights ◽  
Economic Rights ◽  
National Legislation ◽  
The Right

Numerous ideological dogmas and "propaganda struggles" over human rights, which took place for decades, did not make it possible to realistically comprehend and solve the problems of individual rights in Soviet society in full, according to a certain level of progress,say in the European Union. Such dogmas include the assertion that only socialism is able to fully guarantee human rights, that the main socio-economic rights for man and his freedom. Thus, freely or not, political and personal, spiritual and human rights, and even more so, environmental ones were underestimated. Unfortunately, this view reflected the actual practice in the former USSR and other former socialist countries. In the field of political, spiritual and personal rights and freedoms, there were quite a few forbidden topics, and environmental ones were not singled out at all. At the same time, competent jurists, both during the years of stagnation and during the so-called perestroika, consistently developed and defended the idea of human and civil rights. The article considers the problem of realization of human and civil rights and freedoms and guarantees of observance of international standards of ecological human rights in the national legislation. Emphasis is placed on the implementation of international norms in the field of human rights and freedoms in the practice of national legislation. It is proposed to supplement the current legislation with the right of citizens and their associations to control the bodies of state power and local self-government in the environmental sphere. It is concluded that problems with the realization of environmental rights and freedomsin Ukraine, unfortunately, exist. The level of theirimplementation islow, therefore, it can be stated that the level of efficiency is also low. In addition, it should be noted that citizens' awareness of the full range of their environmental rights and freedoms, which are enshrined in the Constitution of Ukraine, and their continued application, will lead to their implementation at the appropriate democratic and legal level.

scholarly journals Reconceptualising the Right to a Clean and Healthy Environment in Kenya

2019 ◽  
Vol 4 (1) ◽  
pp. 71-88
Author(s):  
Timonah Chore
Keyword(s):  
Literature Review ◽  
Intrinsic Value ◽  
Case Law ◽  
Law And Literature ◽  
Environmental Conservation ◽  
Human Species ◽  
Environmental Rights ◽  
Healthy Environment ◽  
The World ◽  
The Right

States around the world are progressively protecting environmental rights. The Constitution of Kenya 2010 provides for environmental rights under Articles 42, 69 and 70. However, this study argues that there is need to reconceptualise the right to a clean and healthy environment as established under Article 42, as the right is geared towards human utility rather than intrinsic environmental protection. Thus, the right is shrouded with anthropocentric concerns which may be construed as insufficient in the protection of natural resources, ecosystems and other non-human species for their ecological and intrinsic value. Accordingly, the study examines the right to a clean and healthy environment as envisaged in the Constitution of Kenya 2010 and, from that context, assesses the efficacy of anthropocentric environmental rights in environmental conservation highlighting the potential challenges faced in their implementation. As a way forward, the study recommends bicentric environmental rights as an alternative to anthropocentric environmental rights. The study realises its objectives through the use of case law and literature review.

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