A/HRC/45/12/Add.1 Annex Report of the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes on his visit to Canada I. Introduction, background and context 1. The Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, Baskut Tuncak, expresses his most sincere gratitude to the Government of Canada for the invitation to carry out the visit and for the full support and collaboration extended to him. He thanks all the individuals and organizations he met in Canada for sharing their thoughts and information on the struggles, challenges and opportunities they face in improving the protection of human rights in the context of exposure to hazardous substances and wastes (toxics).1 2. The Special Rapporteur visited Ottawa, Toronto, Asubpeeschoseewagong Netum Anishinabek (also formerly known as Grassy Narrows First Nation), Aamjiwnaang First Nation, Sarnia, Fort McMurray, Edmonton, Vancouver and Montreal, where he met representatives of the federal Government and their representatives from the Ontario, Quebec, Alberta and British Columbia governments. He met with indigenous peoples’ representatives and elders, civil society representatives, defenders, 2 academics, youth representatives and representatives of the business community. 3. The Special Rapporteur is grateful to all who took time and opened their doors to dialogue in order to participate in a cross-cutting debate on protecting the human rights of those affected by toxic exposure. A. Implications of toxics for the human rights obligations of Canada 4. Canada has ratified or acceded to seven United Nations human rights treaties and therefore has numerous obligations in relation to the impacts on human rights of hazardous substances and wastes. Under these treaties, Canada has the obligation to protect, respect and fulfil the human rights to life and dignity, health, security of the person and bodily integrity, safe food and water, adequate housing, safe and healthy working conditions, among others. Canada has obligations regarding the rights to information, participation, access to justice and remedies, and specific obligations regarding the rights of indigenous peoples, children, people of different genders, workers, minorities, migrants and persons with disabilities, among other vulnerable groups, as discussed below. These are all underpinned by the fundamental principle of non-discrimination. 5. Together, these rights and obligations create a duty for Canada to prevent exposure to toxic and otherwise hazardous substances. The only way to protect against violations of the above-mentioned human rights is to prevent exposure.3 This is a fundamental obligation that 1 2 3 2 Consistent with the previous reports of the current mandate holder and those of his predecessors, hazardous substances and wastes are not defined strictly; they include, inter alia, toxic industrial chemicals and pesticides, pollutants, contaminants, explosive and radioactive substances, certain food additives and various forms of waste. For ease of reference, the Special Rapporteur refers to hazardous substances and wastes as “toxics” and, therefore, in the present report, the term “toxics” (or “toxic substances”) should be understood to also include non-toxic but hazardous substances and wastes. www.ohchr.org/en/issues/srhrdefenders/pages/defender.aspx. A/74/480.