A/HRC/45/12/Add.1 D. Implementation of international obligations 12. The Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act and provincial and territorial human rights codes form the main national human rights framework. The Canadian Human Rights Commission was established by the Canadian Human Rights Act. As discussed below, these instruments, the various courts and tribunals that make decisions in relation to them and the Commission are the foundation for addressing discrimination related to the disproportionate impacts of toxic exposure. 13. The Canadian Human Rights Commission faces various challenges, however, including limited public awareness of available avenues for filing complaints and a limited mandate to handle human rights issues relating to discrimination. Therefore, with regard to human rights violations or abuses linked to toxics, the Commission is hindered from offering much-needed services. 14. A concern that was expressed repeatedly was that Canada does not pay appropriate attention to the implementation of relevant international obligations and recommendations. Various recommendations of United Nations human rights mechanisms, including on the justiciability of economic, social and cultural rights, have not been cohesively implemented.8 While the international human rights obligations of Canada may be implemented in law and policy, economic, social and cultural rights are not directly actionable in Canadian courts. Furthermore, insufficient funding at the provincial, territorial and municipal levels of government to strengthen implementation of these rights poses a hindrance.9 Thus, the rights to health, to safe water and food, to adequate housing, to safe and healthy working conditions, among other rights implicated by toxics, do not appear to be directly actionable under Canadian law. 15. Reports cited the tendency of the Government to focus on reporting obligations at the expense of comprehensive planning, assessment and action on human rights recommendations. The intergovernmental Continuing Committee of Officials on Human Rights has reportedly not consistently followed up on the practical implementation of recommendations. 10 The Special Rapporteur notes that the Federal-Provincial-Territorial Ministers Responsible for Human Rights met in 2017, for the first time in nearly 30 years. Furthermore, environmental rights do not feature prominently in the mandate of the Canadian Human Rights Commission. Consequently, the Special Rapporteur considers that the Government must strengthen its legal and institutional frameworks and mechanisms to implement all of its obligations under international human rights law. 16. As discussed below, the Canadian Environmental Protection Act and various government plans and programmes offer opportunities to further integrate human rights protection into the Canadian legal framework. II. Rights to life, health and bodily integrity 17. Pollution and exposure to toxic chemicals threaten the right to life and a life with dignity, as environmental degradation threatens or poisons individuals and communities, poses health challenges and erodes opportunities to maintain bodily integrity.11 18. Canada has taken steps in several areas to implement its duty to prevent exposure. One example relates to air pollution, which accounts for millions of premature deaths globally. 12 Air quality in Canada has improved by some metrics in recent years. 13 For example, the phasing out of coal-based power plants in Ontario has had a positive impact.14 8 9 10 11 12 13 14 4 E/C.12/CAN/CO/6. Ibid. A/HRC/22/50/Add.1, para. 12, and E/C.12/CAN/CO/4-E/C.12/CAN/CO/5, para. 12. A/74/480. www.who.int/health-topics/air-pollution#tab=tab_1. www.canada.ca/en/environment-climate-change/services/environmental-indicators.html. See also https://laws-lois.justice.gc.ca/eng/regulations/SOR-2016-151/index.html. www.ontario.ca/page/end-coal.

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