A/HRC/45/12/Add.1 children are also exposed to other pollutants, including lead, mercury, dioxins, polychlorinated biphenyls, some solvents, polyhalogenated compounds such as flame retardants and so-called “forever chemicals”, and that the list of adverse effects identified is growing steadily.34 III. Non-discrimination 30. The Canadian Charter of Rights and Freedoms and legislation at all levels of government guarantee the right of every individual to equality and equal protection and benefit of the law without discrimination on various grounds.35 31. While the constitutional recognition of protection against discrimination is applauded, such recognition does not appear to have served as a significant safeguard or recourse for disproportionately affected communities. A 2018 analysis found that health inequalities existed in respect of various socioeconomic indicators, including income, employment and occupational status, and that certain groups, such as indigenous peoples, immigrants and racial minorities, had less favourable health outcomes than the general population. 36 In examining toxic exposure in Canada, the question of discrimination becomes simply unavoidable. Canada has not explicitly recognized the right to a healthy environment at the federal level,37 unlike Quebec and Ontario, as well as most countries in the world. That said, it has been argued that the Canadian Charter of Rights and Freedoms may be implicitly read to include environmental rights protections. As shown in recent climate change litigation,38 a constitutional provision would place Canada at the forefront of global efforts. In the interim, a provision under the Canadian Environmental Protection Act39 would extend the application of the right to everyone in Canada. 32. Equality and non-discrimination require urgent attention in Canada. The present section focuses on those at risk of being left behind notwithstanding the general progress made. Different levels of discrimination intersect, exacerbating the problem and making it necessary to consider the ways in which intersectional forms of discrimination manifest themselves in the impacts of toxic exposure. A. Indigenous peoples 33. The fact that indigenous peoples in Canada have struggled for recognition of their human rights is nothing new. History has shaped the laws, policies and practices of Canada today regarding indigenous rights. 34. Many interlocutors spoke positively about the roles of the Truth and Reconciliation Commission and the National Inquiry into Missing and Murdered Indigenous Women and Girls in moving away from a sad history of cultural genocide and assimilation. 40 The Government acknowledges the “unacceptable socioeconomic gap” that has resulted from the development of colonial structures, negatively affecting indigenous peoples in Canada,41 and has begun to strengthen institutional frameworks. 34 35 36 37 38 39 40 41 https://opha.on.ca/OPHA/media/Resources/Resource%20Documents /boh_environmental_threats_summary_all.pdf?ext=.pdf. Canadian Charter of Rights and Freedoms, sect. 15; HRI/CORE/CAN/2019, in particular sect. IV. www.canada.ca/content/dam/phac-aspc/documents/services/publications/science-research/key-healthinequalities-canada-national-portrait-executive-summary/key_health_inequalities_full_report-eng.pdf. www.ubcpress.ca/asset/9095/1/9780774824125.pdf. https://enjeu.qc.ca/justice-eng/. www.ecojustice.ca/cepa-turns-20-its-time-to-modernize-canadas-cornerstone-environmental-law/; Niladri Basu and Bruce P. Lanphear, “The challenge of pollution and health in Canada”, Canadian Journal of Public Health, vol. 110, No. 2 (April 2019), pp. 159–164; submission by Lynda Collins (2019). http://nctr.ca/reports2.php; www.mmiwg-ffada.ca/final-report. HRI/CORE/CAN/2019. 7