A/HRC/45/12/Add.1 countries and the European Union are now making progress towards mandatory human rights due diligence requirements. VI. Conclusions and recommendations A. Conclusions 103. In various ways, Canada has made welcome improvements to addressing human rights violations and abuses from exposure to toxic substances. Just as there are recent examples of shortcomings, there are also examples of new energy employed in finding ways to prevent pollution, seek and obtain informed consent and work in partnership with indigenous peoples and other groups disproportionately affected by toxic exposure. Nevertheless, much work still needs to be done and deep concerns remain unaddressed. 104. It was clear from the visit that many communities in Canada continue to suffer from exposure to toxic substances. Some key concerns that persist include the limited degree of protection of human health and ecosystems under various pieces of legislation and the lack of environmental information and monitoring in areas of high risk. Long delays in or absences of health impact assessments persist for affected communities. Inadequate compliance with and enforcement of laws and policies, and other systemic obstacles to access to justice, in particular for cases involving health impacts due to chronic exposure, increases the reluctance of victims to seek fulfilment of their right to an effective remedy. 105. The prevalence of discrimination in Canadian laws and policies regarding the application of regulations on hazardous substances and wastes is clear. There exists a pattern in Canada whereby 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 in respect of other groups in Canada. A natural environment conducive to the highest attainable standard of health is not treated as a right; unfortunately, for many in Canada today, it is an elusive privilege. 106. Similarly, communities in States hosting Canadian business enterprises endure enormous burdens that would not be acceptable in Canada. The impacts on these communities are compounded by the inordinate power imbalance between low- and middle-income countries and Canadian corporations. 107. In general, Canada must better acknowledge that decisions, actions and inactions regarding toxic pollution have profoundly affected the health of exposed communities, including indigenous peoples. Reconciliation through a process of building trust, establishing and maintaining healthy relationships and entrenching respect for indigenous peoples is essential for the realization of indigenous peoples’ rights, including in the context of toxics. 108. These needs can be met through legal recognition of the human right to a healthy environment, including the duty of Canada to prevent exposure to hazardous substances. 109. Overall, Canada should take action through a precautionary approach, to mitigate the consequences of continued exposure and to allow timely regulatory processes to take their course, while protecting local populations. 110. Despite the challenges, the Special Rapporteur was left with the impression that Canadians deeply value their environment. Canada has the financial means and technical capacity to be on the path of sustainable development and to view a healthy environment as more than a privilege. The Special Rapporteur remains optimistic that Canada will embrace the many opportunities to transition to a cleaner, healthier and more equitable economy. The well-being of people and peoples, not only in Canada but around the world, depends on it. 21